Latest news with #UtahFitsAllScholarshipProgram
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
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 strikes down Utah's school choice program
A Utah judge ruled the Utah Fits All Scholarship program was unconstitutional in a decision delivered Friday, leaving thousands of children who were beneficiaries of the program in limbo. Gov. Spencer Cox said Friday he would appeal the ruling, as legislative proponents of the program reacted angrily to the judge's decision. 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 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. Third District Judge Laura Scott agreed with the union and other plaintiffs, 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. In her decision, Scott said that '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. 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.' 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. Utah Attorney General Derek Brown said his office is 'actively reviewing the ruling and assessing the state's next steps.' Cox said the state was reviewing the ruling and 'preparing to appeal.' 'While we are disappointed in the court's decision on the Utah Fits All program, our commitment to Utah families and their right to make choices about their children's education remains unchanged,' he said. In a statement released after the decision, UEA President Renee Pinckney said Scott's ruling protects the promise of a public education. 'The UEA stood up to unconstitutional private religious school vouchers, defended our public schools and won,' she said. State Rep. Candice Pierucci, one of the primary legislative architects of the scholarship program, called the judge's decision 'judicial activism.' 'The Utah State Constitution states that 'parents have the primary responsibility for the education of their children.' This past year, thousands of families have had access to the Utah Fits All Scholarship Program to customize their child's learning experience. '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,' she said.
