Utah wants a judge to dismiss a lawsuit filed by a teachers union over the state’s school choice program.
“When viewed for what it really is, plaintiffs’ case is a complaint about the Legislature’s funding choices,” the state said.
In 2023, state lawmakers created a program known as the Utah Fits All Scholarship Program. The program would go into effect for the 2024-205 school year and would give eligible K-12 students up to $8,000 to use for private school tuition and other costs.
The Utah Education Association, the state’s largest teachers union, has filed a lawsuit alleging that the program violates the state Constitution by diverting funds intended for public schools to private schools. The lawsuit was filed in May in the 3rd Judicial District Court.
In announcing the lawsuit, UEA President Renée Pinkney said it was filed “on the grounds that the Utah Fits All Voucher Program is not right for everyone and, in fact, harms public school students and teachers.”
Senator Kirk Cullimore, Republican of Draper, one of the sponsors of the original bill, said it was disappointing that the UEA put politics above the needs of students and teachers.
“Utah has some of the best public schools and most dedicated teachers in the country, and we in the Legislature remain committed to providing the greatest possible support to our public education institutions. However, our goal is not just to ensure the overall success of schools; it’s also to ensure that every child has the opportunity to thrive,” Cullimore said. “The Utah Fits All Scholarship Program empowers children who struggle in traditional academic environments by providing them with the resources they need to succeed in the classroom and beyond.”
Below you can read more about why the state filed a motion to dismiss the lawsuit.
Why the state wants a judge to dismiss the lawsuit
The state argued in its motion to deny funding for the program that it does not come from money allocated to public schools. “Nothing in the statute creating the UFA Scholarship Program states or implies that funding for the program will be taken from funds that would otherwise be allocated to funding the public education system,” the state said.
The state pointed to the annual increase in funding for the public school system since 2020, saying, “The Legislature can hardly be accused of siphoning funds from the state’s public education system, as the appropriation for public education increased by more than $700 million that year alone.”
Moreover, the state argued, the Utah Constitution allows the Legislature to designate programs and thus the Legislature may create a program to support children as they seek alternative educational opportunities outside the public school system.
The state said the Utah Fits All Scholarship Program is not only funded separately from the public school system, but also does not fall under the control of the Utah State Board of Education. The state board has limited oversight, which the state said is “consistent with the Legislature’s policy choice that the UFA Scholarship Program not are considered part of the public education system.”
Under the Utah Constitution, the Legislature has the authority to use income tax dollars for child support programs.
“Plaintiffs allege no facts that would allow this Court to conclude that the UFA Scholarship Program does not ‘support children,'” the state said. “The Legislature has full authority to create programs like the UFA Scholarship Program. Plaintiffs’ claims that the UFA Scholarship Program will divert funds that would otherwise be allocated to Utah’s public education system are unfounded speculation.”
The state also requested that Carol Lear, a member of the Utah State Board of Education, be dismissed as a plaintiff “because Ms. Lear has neither the traditional nor the ‘public interest’ status to bring this case in her official capacity as a member of the State Board of Education.”
Citing a Utah Supreme Court ruling, the state said the court in an earlier case “concluded that the plaintiffs who were members of the state board did not have a personal interest in the controversy sufficient to establish a traditional legal position.” The state said no part of the state code or constitution “gives an individual member of the board the authority to act on behalf of the board without an official act by a majority vote of the board.”
The state said it will continue to provide free education to Utah children, as required by the Utah Constitution.
“The creation and implementation of the UFA Scholarship Program does not mean that there is no free and open public education system for all Utah children,” the state said. “The state has and will continue to provide a free and open public education for all Utah children.”
Utah Senate President Stuart Adams (R-Layton) previously released a statement supporting the state’s policy.
“Our commitment to public education is clear: from 2014 to 2024, Utah’s education funding increased by $2.5 billion, a 94.7% increase. We learned during COVID that parents needed more options for their children,” Adams said. “The Utah Fits All Scholarship expands educational opportunities with additional educational pathways for parents to use their tax dollars to select what’s best for their children. The scholarship program is a transformative step toward providing comprehensive educational opportunities for all Utah students.”
