Latest news with #UtahConstitution
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
26-04-2025
- Politics
- Yahoo
Utah voucher law found unconstitutional. Idaho's law is also vulnerable.
A classroom at Woodrow Wilson Elementary School in South Salt Lake is pictured on March 12, 2024. (Photo by Spenser Heaps for Utah News Dispatch) A district judge in Utah issued a marvelous decision on April 18, finding Utah's school voucher law to be unconstitutional. The 60-page decision was based on a variety of constitutional flaws that the Utah law shares with Idaho's recently-enacted education tax credit law. The Utah law was enacted in 2023 with $42.5 million in state funds. State funding increased by $40 million in each of the next two years. The Utah judge said the Utah Constitution gives 'a direct command to the legislature to perform a single duty: establish and maintain the state's education systems.'' The judge continued, 'This clear expression of one duty — coupled with the absence of any general duty to provide for the education or intellectual improvement of Utahns — impliedly restricts the legislature from creating a publicly funded school or education program outside of the public school system.' In other words, Utah's Legislature is restricted from using public funds to support any form of private education. Of interest is the fact that every member of the Idaho Legislature was sent a 'Legislative Alert' on the first day of the 2025 legislative session, warning that any scheme to use taxpayer money for private education would be violative of the Idaho Constitution in a number of respects. The alert was provided by The Committee to Protect and Preserve the Idaho Constitution, a group that participated in the successful lawsuit to overturn the restrictive initiative law enacted in 2021. The alert identified the same constitutional flaw focused upon by the Utah judge — that Idaho's Constitution prohibits the funding of private and parochial education. That has been the law of Idaho ever since statehood in 1890. The alert spelled out several other constitutional infirmities that any voucher scheme would entail, including a deliberate transgression of Idaho's strong prohibition against state support for religious education, discrimination against rural kids and Idaho religions that don't operate parochial schools, lack of accountability for taxpayer money expended on private schooling, and diminution of state money necessary to support Idaho's public school system, which has been chronically underfunded for decades. The Utah judge's decision mentioned a number of other infirmities in the Utah law — private schools often exclude students with special needs, or condition admission upon adherence to certain religious beliefs, or fail to provide 'free' schooling as constitutionally required for taxpayer-supported education. These flaws are also inherent in House Bill 93, the subsidy bill approved by the Legislature this year. The Idaho Legislature was clearly warned of the serious constitutional problems with House Bill 93, which will subsidize private and parochial education to the tune of $50 million in just the first year. Yet, because of massive funding from out-of-state groups that are seeking to weaken public schools across the nation, a majority of our legislators cast aside the Constitution and passed the subsidy bill. The governor lacked the courage to veto the legislation, despite overwhelming public outcry against it. Now, as with the similar travesty in Utah, concerned Idahoans will have to resort to the courts in order to protect the wishes of Idaho's constitutional drafters. Please stay tuned. SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX
Yahoo
23-04-2025
- Politics
- Yahoo
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.
Yahoo
21-04-2025
- Politics
- Yahoo
Utah School Voucher Program Ruled Unconstitutional in Teachers Union Lawsuit
A Utah district court judge ruled the state's school voucher program unconstitutional on Friday following a nearly year-long lawsuit by the state teachers union. The Utah Education Association sued the state last year, arguing the Utah Fits All Scholarship Program violated the constitution by diverting tax money to private schools that aren't free, open to all students and supervised by the state board of education. The $100 million voucher program was created in 2023 by the Utah Legislature. It provided up to $8,000 in state income tax funds to eligible students through scholarship accounts to pay for private schools. Get stories like this delivered straight to your inbox. Sign up for The 74 Newsletter District Court Judge Laura Scott said in her ruling that the program not only allows schools to deny students admission because of religion, politics and location, but it provides benefits to private and homeschooled children that might not be available to those in public school, like funds for computers, test prep courses and tutoring. 'Because the program is a legislatively created, publicly funded education program aimed at elementary and secondary education, it must satisfy the constitutional requirements applicable to the 'public education system' set forth in the Utah Constitution,' she said. 'And because there is no genuine dispute that the program fails to meet these 'open to all children' and 'free' requirements, it is unconstitutional.' Related The ruling comes amid a nationwide push for school choice expansion. On Thursday, the Texas House gave initial approval to a bill that would create a $1 billion private school voucher program. School voucher bills have also advanced this year in Wyoming and Tennessee. Utah officials previously argued that the program's share of tax revenue was less than 1% of the amount allocated for the state's public schools, according to court documents. Robyn Bagley, executive director of Utah Education Fits All — one of the main organizations that advocated for the program — said in a statement Friday that Scott's decision was a 'temporary setback' and there will be an appeal. 'We knew such a judgment at this level was a possibility, and we remain extremely confident the program will ultimately be ruled constitutional by the Utah Supreme Court,' Bagley said. 'Many families are eagerly awaiting the thousands of new scholarships that have just been funded by the Utah Legislature.' The program paid for the vouchers of 10,000 students — 80% of them homeschooled, according to the Utah News Dispatch. After a waitlist reached 17,000 names, the legislature reduced scholarship amounts for homeschooled students earlier this year. Related The Utah Education Association, which represents 18,000 members, said in a statement Friday that lawmakers had overstepped their authority and the union held them accountable. '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 said. The union has also been advocating against a bill, passed in February, that bans collective bargaining, which some opponents say was created to retaliate against the school voucher lawsuit. Utah union organizations recently submitted more than 300,000 signatures for a referendum to overturn the bill.
Yahoo
19-04-2025
- Politics
- Yahoo
Judge finds ‘Utah Fits All' scholarship unconstitutional, legislature to review options
SALT LAKE CITY (ABC4) — Utah's Third District Court has found the 'Utah Fits All' scholarship program to be unconstitutional, in a ruling from the court earlier today. The suit, brought by the Utah Education Association, originally claimed that the scholarship program was unconstitutional because the program used funds from Utah's income tax, which is earmarked exclusively for public education funding. It further claimed that the Utah Constitution guarantees that all children will be included in public education, and that the school voucher program did not do this. PREVIOUS: UEA files lawsuit against controversial school voucher program, claims it's unconstitutional The court agreed with both points, saying, 'The legislature does not have plenary authority to circumvent these constitutional requirements by simply declining to 'designate' the program as part of the public education system. And because there is no genuine dispute that the program fails to meet these 'open to all children' and 'free' requirements, it is unconstitutional under article X of the Utah Constitutional.' 'In reaching this conclusion, the court makes no judgement as to the value of 'school choice' or private school vouchers,' The ruling continues. 'But 'school choice' or vouchers for children without disabilities was never discuss, much less debated, in connection with the legislatures passage of Amendment G. And, more importantly, the voters were never informed that Amendment G was about 'school choice' or vouchers for children without disabilities.' In a statement to UEA Communications Director Hailey Higgins said, 'The Utah Education Association celebrates today's court ruling deeming the Utah Fits All voucher program unconstitutional. This is a significant victory for public education and a reaffirmation that public money belongs in public schools.' Rep. Candice Pierucci (R-South Jordan), the original sponsor of the Utah Fits All program, called the decision made by Judge Laura S. Scott 'judicial activism,' and says she is not done fighting. 'This past year, thousands of families have had access to the Utah Fits All Scholarship Program to customize their child's learning experience,' Pierucci's statement reads. '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. We are not done fighting this fight and will appeal this decision to the Utah Supreme Court.' Utah legislative leadership and Governor began to weigh in after the ruling was rendered. Senate President J. Stuart Adams saying in a statement, 'It is disappointing that the court would remove parents' ability to choose the best educational path for their children. However, we remain unwavering in our commitment to providing the best education for all Utah families and kids. We will carefully review the court's decision and then determine the next steps.' Speaker Mike Schultz shared similar sentiments calling the decision a 'devastating setback' for Utahns. 'This decision is a devastating setback for Utah families,' Schultz began. 'The Utah Fits All Scholarship isn't just about choice; it's about empowering parents to secure the best possible learning environments for their children's future success. 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. We will vigorously pursue every avenue, including the Utah Supreme Court, to overturn this decision and restore hope for Utah's students and families.' In a statement on X, formerly known as Twitter, Governor Cox expressed disappointment in the decision, saying that Utah Families had a right to make choices about their children's education, and said they will be reviewing ruling with legal staff. 'While we are disappointed in the court's decision, our commitment to Utah families and their right to make choices about their children's education remains unchanged,' Cox said. 'We will be reviewing the ruling without attorneys and preparing to appeal.' At this time, details are limited on what an appeal would look like. A status conference is scheduled for the decision on April 23. It is also currently unknown how the decision will affect ongoing voucher payments to current recipients. This is a developing story. ABC4 will update this post as new information becomes available. Judge finds 'Utah Fits All' scholarship unconstitutional, legislature to review options Appeals court halts Boasberg's contempt proceedings against Trump administration Meet 'Safety Stache': UFA shares fire safety messages with a touch of humor Clearer skies arriving this weekend Utahn recalls largest Good Friday earthquake, the largest in U.S. history Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
