Latest news with #UtahFitsAllScholarship
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
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.
Yahoo
19-04-2025
- Politics
- Yahoo
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
