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Yahoo
13-05-2025
- Politics
- Yahoo
Judge rules on outstanding matters in Utah school choice legal battle — clearing way for appeals
In the ongoing legal battle to decide the fate of the Utah Fits All Scholarship program, a judge Monday ruled on a pair of outstanding issues that were preventing the case from moving on to the expected appeals process. Last month, 3rd District Judge Laura Scott ruled that the divisive school voucher program currently being utilized by thousands of Utah children was unconstitutional. In her April 18 decision against the program, Scott said that because the Utah Fits All program is created by the Legislature and a publicly funded educational program, it must satisfy the constitutional requirements applicable to the 'public education system' set forth in the Utah Constitution. The Legislature, added Scott, does not have the authority 'to circumvent these constitutional requirements by simply declining to 'designate' the program as part of the public education system.' A few days later, Scott decided the school voucher program could continue pending the expected defendants' appeal before the Utah Supreme Court. On Monday, Scott ruled on a couple of outstanding 'claims for relief' issued by the lawsuit's group plaintiffs that includes the Utah Education Association and several individuals. 'Given its ruling that the Program is unconstitutional under article X and article XIII of the Utah Constitution, the court concludes that Plaintiffs' Third Claim for Relief and Fourth Claim for Relief are moot,' wrote the judge in her ruling. However, Scott still opted to formally rule Monday on the two claims that she did not address last month 'for purposes of completeness for appeal.' In other words, the defendants in the case against the school voucher program — which includes Utah Gov. Spencer Cox and Utah Attorney General Derek Brown — can now move forward with the appeals process. The two outstanding plaintiff claims focused primarily on the legality of the Utah Fits All Scholarship program being managed and overseen by private entities. Scott dismissed both claims Monday after articulating lengthy legal analysis in her ruling. 'The court concludes that these claims are not independent and/or alternative grounds for declaring the Program unconstitutional,' the judge wrote. 'Accordingly, the court dismisses Plaintiffs' Third and Fourth Claims for Relief.' The state was sued by the Utah Education Association, along with plaintiffs Kevin Labresh, Terra Cooper, Amy Barton and Carol Lear, in 2023, after the school voucher program was enacted. The Utah Fits All Scholarship program gives eligible K-12 students up to $8,000 a year for private school tuition and other costs. It went into effect in the fall of 2024. The teachers union argued the program violated the Utah Constitution because it diverts income tax revenue to fund private schools. Scott agreed with the union and other plaintiffs in last month's ruling, saying the program violated sections of the state Constitution that require the state to fund a public education system open to every student that is free of charge, and to use state income tax to fund public schools and to support children and people with disabilities. Proponents of the program argued the program did not affect the state's system of public schools, but was in addition to that constitutional requirement, and that it cleared the bar of using income tax to support children. Scott's ruling Monday on the two previously outstanding plaintiffs' claims comes days after the state filed an unopposed petition for permission 'to file interlocutory appeal' with the Utah Supreme Court. The petition revealed the urgency likely shared by both parties to move the case forward through the legal process for final disposition. 'While the district court said it would decide Plaintiffs' third and fourth claims in the near future, the case will still not be final and eligible for direct appeal until the lower court orders relief,' read the petition. 'And no party wants that to happen yet — before this Court can review and decide the merits — given the stakes of enjoining the Program: stopping educational benefits for thousands of Utah children and voiding part of teacher salary raises.' Scott's ruling Monday essentially addresses the issues raised in the interlocutory appeal, pending a response from the Utah Supreme Court.
Yahoo
01-05-2025
- General
- Yahoo
Opinion: The personal and profound costs of the Utah Fits All court ruling
I had a conversation recently with a mom whose homeschooled son had just experienced a major breakthrough. As a student on the spectrum, asking for help was a big barrier for him, causing him to get stuck while doing school work. Through equine therapy, he found his voice. Another mom shared with me that her small business had gone under after the pandemic and she almost had to pull her children out of the microschool where they were thriving. But at the last minute, they were able to stay. A few months ago, I watched a previously shy student stand before a room of 600 and talk about his education at a high quality private school and his future plans for college. What changed the game for each of them? The Utah Fits All Scholarship. Utah families have been using this scholarship for just under a year now, and the reaction I most frequently get when I ask them how it's going is tears of joy and gratitude. Learning is supposed to be a joyful experience as children follow their curiosity, dig for knowledge, explore the world through books and nature, and decide which life and career paths intrigue them. But for many forced into an education system that doesn't fit, learning has increasingly become a frustration. So for thousands of Utah families, Utah Fits All wasn't just policy — it was possibility! It was the answer to late-night worries, mounting frustration and students slipping through the cracks. Designed to give parents the freedom to choose an education path customized to fit their child's unique needs, this innovative program has transformed lives in under nine months. Children with learning differences discovered environments where they could finally thrive. Struggling students gained confidence. Families felt hope. But that hope now hangs in the balance. In a stunning decision, Judge Laura Scott of Utah's 3rd District Court ruled the Utah Fits All program unconstitutional — a singular judgment that threatens to abruptly derail the progress these students have made and extinguish the hope so recently kindled. The ruling isn't just a legal blow; it's a disruption to real lives, real classrooms and real futures. If allowed to stand, this decision could strip families of the very tools that made education accessible, equitable and effective. The cost of this ruling isn't theoretical — it's personal, and it's profound. Ten thousand students are using the scholarship this year, and thousands more have recently applied in hopes that they, too, will be given the opportunity to choose an education that aligns better with their values, expectations and unique learning needs. What will the costs be if we turn our back on these children and allow this scholarship to go away? The costs will be felt by parents like Amy, from Francis. She says, 'Receiving the Utah Fits All Scholarship has opened up so many opportunities for the education of our 13-year old son … He is truly enjoying school more this year than he has in the past. I can't fully explain how transformative Utah Fits All has been for our son's education.' Autumn from Moroni says that when her daughter was in preschool, she was a single mom and toured her dream school for her daughter. 'Because of my circumstances,' she says, 'it was impossible for me to afford the tuition. Having my daughter finally be able to attend the private school of our choice is a dream come true.' Tiffany from Ivins is a mother of five biological and eight adopted children. 'Because there are multiple diagnoses of fetal alcohol, ADHD, autism, anxiety and dyslexia, these children are delayed in their progress.' But, she says, 'The Utah Fits All Scholarship has helped us to beat the odds.' Ultimately, our children will pay with their hopes, confidence and futures. And that's not okay with me. This should concern any Utahn who wants to ensure that the children of our state are able to find the educational path that best fits their needs and leads them to success. We now place our confidence in the Utah Supreme Court to rule favorably and uphold the constitutionality of the Utah Fits All law.
Yahoo
29-04-2025
- Politics
- Yahoo
Opinion: Utah judge's ruling on school choice program overlooks key facts
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.
Yahoo
24-04-2025
- Politics
- Yahoo
Utah Fits All Scholarship ruling on hold, program can continue until Utah Supreme Court decides
SALT LAKE CITY () — A Utah judge has decided not to halt the Utah Fits All Scholarship while the case likely makes its way to the Utah Supreme Court — meaning the program can continue as normal until there's a ruling from the state's high court. Lawyers for the state of Utah, the Utah Education Association, and the manager of the Utah Fits All, ACE, each joined a status hearing Wednesday, where the parties agreed that the case would ultimately be decided by the Utah Supreme Court. 'I will not impose a remedy at this point. I'll issue the final ruling [of all four claims], it will go up on appeal, there will be no injunction in place,' said Judge Laura Scott. 'My understanding is that would mean things would just proceed as normal…unless and until we have a decision by the [Utah] Supreme Court,' she said. Judge Scott's April 18 ruling only decided two of the UEA's four claims, that the scholarship was unconstitutional under Articles X and XIII of the state's constitution, rendering the other two claims as moot. Teacher salaries, scholarship families in limbo after court strikes down Utah Fits All Judge Scott said that if there was clarity that the parties needed, they could ask for it in her new order that she plans to issue by May 15. 'It is in everyone's interest to move as expeditiously as possible into the Supreme Court,' said the lawyer for UEA, Raymay Ravindran. 'If we could have the matter presented before the Supreme Court with simply having the ruling itself stayed and have the entry of the remedy postponed until we get that guidance, that would be the state's preference,' said Scott Ryther, who represents the state. The main question from the parties was whether scholarships could continue to be paid out for the current school year's recipients despite the ruling being deemed constitutional. The state board is also in the middle of picking a new program manager, something lawyers said was supposed to happen this week. There's also a May 1 deadline for new recipients to apply for next school year's money. 'My client wants to make sure what its obligations are under the order,' said Tyson Langhofer, who represents ACE. 'There is still a significant amount of money that needs to be paid out under the current year, because not everyone has drawn down on [their scholarship] and we want to make sure we understand what their obligations are.' ACE has been terminated by the Utah State Board of Education and said that they're currently applying to run the program again. Their management of the current UFA program ends May 15, Langhofer said. Teachers also stand to lose some of their salaries that are tied up in the because the law that created the program said it had to be 'in effect' for that money to be realized. Since 2023, funding for the scholarship has more than doubled from $40 million to over $100 million, which could reportedly fund about 10,000 students. The program offered a scholarship of up to $8,000 for eligible K-12 students, but thresholds were changed in the 2025 legislative session to $8,000 for private school, $6,000 for homeschoolers age 12-18, and $4,000 for those age 5 to 11. 'We are grateful for the court's consideration of this important issue and are glad that parents and teachers will be able to continue to rely on the law while the underlying legal and constitutional questions at issue in this case are resolved,' said Attorney General Derek Brown. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
Yahoo
22-04-2025
- Politics
- Yahoo
Teacher salaries, scholarship families in limbo after court strikes down Utah Fits All
Related video: Judge finds 'Utah Fits All' scholarship unconstitutional, legislature to appeal SALT LAKE CITY () — Teacher salaries are in limbo, and families receiving the are waiting for clarity after a judge ruled that the scholarship program was . That clarity is supposed to come this Wednesday, April 23, when Judge Laura Scott has scheduled a status hearing to discuss her ruling that struck down the Utah Fits All Scholarship. PREVIOUSLY: Judge finds 'Utah Fits All' scholarship unconstitutional, legislature to appeal 'In their Complaint, Plaintiffs request the court declare the Program unconstitutional and enjoin its continued operation,' her April 18 ruling reads. The ruling would signal that the law is thrown out because it's unconstitutional, regardless of whether or not her ruling explicitly it. But Scott's ruling does not outline what happens to existing scholarship funds. The , so questions remain about whether scholarship recipients can continue to be reimbursed if they've already incurred approved education expenses with money allocated for the first year of the program. Since 2024, funding for the scholarship had doubled from $40 million to $80 million, which could reportedly fund about 10,000 students, Sen. Kirk Cullimore (R-Draper) . The program offered a scholarship of up to $8,000 for eligible K-12 students. The Utah State Board of Education provided a statement to saying that it was 'aware of' the ruling regarding Utah Fits All. 'USBE is currently reviewing the implications of this court decision to determine appropriate next steps. As this process unfolds, USBE remains committed to ensuring that all students have access to high-quality education in accordance with Utah state law. Further information will be provided as it becomes available,' the statement reads. The Utah Attorney General's office declined to comment until it had more clarity on the situation. While the parties wait for clarity from the courts, teacher salary increases could likely be cut in half unless there is a stay or reversal of the ruling on appeal. The 2023 law that created the scholarship program tied teachers' salaries to the Utah Fits All Scholarship being 'in effect' — which means that if the program is not 'in effect,' then teachers get a lower raise. At the time of the bill's passage, teacher raises were $8,400 with the scholarship or $4,200 without it, with adjustments for cost of living. In 2025, teachers also got a nearly $1,500 raise. That means that, beginning on July 1 — when this year's state budget takes effect — teachers' salary adjustments could either increase by around $10,000 or only around $5,000, depending on whether the scholarship is 'in effect' or not. 'To our Utah Fits All scholarship recipients: we will continue to fight for you,' Rep. Candice Pierucci (R-South Jordan) said in a statement to after the court's April 18 ruling. Pierucci, who is the , said she is 'not done fighting this fight' and plans to appeal the judge's decision. 'The decision made by Judge Scott is judicial activism; it is not the job of judiciary to set policy on the bench and infuse personal opinion and ideology into their decisions,' Pierucci said. Scott Lewis, Derick Fox, and Matthew Drachman contributed to this report. Pope Francis dies after Easter Sunday — Here's what Utah's Catholic leaders say comes next USU announces majors proposed to be cut under new Utah law Teacher salaries, scholarship families in limbo after court strikes down Utah Fits All Top 5 Garden Centers near Salt Lake City, according to Yelp Utah HC looking ahead to NHL Draft and free agency Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
