SALT LAKE CITY — A judge has struck down the controversial "Utah Fits All" scholarship that critics say is a voucher program siphoning money from the public education system.
In a ruling obtained by FOX 13 News on Friday evening, 3rd District Court Judge Laura Scott sided with the Utah Education Association that the program violated Utah's constitution.
The UEA — the state's largest teachers union — sued, arguing that the $100 million Utah Fits All program was taking money from the public education system. The income tax is earmarked for public education and some social services. Supporters of the program have argued that the $8,000 scholarships handed out enable students and families to pursue education options best suited to their needs.
"In reaching this conclusion, the court makes no judgment as to the value of 'school choice' or private school vouchers. But 'school choice' or vouchers for children without disabilities was never discussed, much less debated, in connection with the legislature's passage of Amendment G," Judge Scott wrote. "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 FOX 13 News, the UEA was elated.
"This is a significant victory for public education and a reaffirmation that public money belongs in public schools. 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. It reinforces the belief that public education is a cornerstone of opportunity for all, regardless of background or circumstance," the union said. "The legislature overstepped its authority and the UEA acted to hold them accountable and enforce the constitution. All governmental power requires oversight and accountability to the public, and the UEA is here to ensure it."
The Libertas Institute, which advocated heavily for the Utah Fits All program, blasted the ruling.
"We strongly disagree with today's decision to overturn Utah Fits All. This decision is not only constitutionally murky but also undermines parents’ right to choose the best education for their children. Utah Fits All gave families, especially those who are low-income, real options. Education funding should follow students, not systems," said Jon England, the group's education policy analyst.
Judge Scott rejected the state's request to dismiss the UEA's lawsuit, scheduling a hearing next week to discuss next steps in the litigation. But Utah's top political leaders said they intended to appeal to the Utah Supreme Court.
"This decision is a devastating setback for Utah families. 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," House Speaker Mike Schultz, R-Hooper, said in a statement to FOX 13 News. "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 J. Stuart Adams, R-Layton, was also critical of the ruling.
"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," he said in a statement.
Governor Spencer Cox said he was also disappointed.
"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. We will be reviewing the ruling with our attorneys and preparing to appeal," he said in a statement.
Rep. Candice Pierucci, R-Herriman, who sponsored the original bill creating the Utah Fits All scholarship program, said the judge's decision is "activism," and accusing Judge Scott of infusing "personal opinion and ideology" into the decision.
"We are not done fighting this fight and will appeal this decision to the Utah Supreme Court. I'm committed to fighting for this program and for Utah families every child deserves the chance to learn in the environment that suits them best," she wrote in a statement to FOX 13 News.
"We can support strong public education while also empowering parents through school choice. Options like homeschool, private, charter, and traditional schools give families the tools to meet their children's unique needs. Education is vital to the success of our people and our state. To our Utah Fits All scholarship recipients: we will continue to fight for you."
Read the judge's ruling here:
In response, Robyn Bagley, Executive Director of Utah Education Fits All, issued the following statement:
Judge Scott’s decision is a temporary setback in what we expect to be an unfortunate and protracted legal process that will end in a favorable ruling for the Utah Fits All Scholarship Program. 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. Thousands of Utah students have already had transformative experiences on the program, and many families are eagerly awaiting the thousands of new scholarships that have just been funded by the Utah Legislature. Utah’s program stands as one of many successful examples of universal school choice programs being passed and upheld around the country as parents insist on taking central roles in directing an education that aligns with their values, expectations, and their children's unique needs. We stand with Candice Pierucci, the legislative sponsor of the program, in affirming that the Utah State Constitution recognizes parents as having the primary responsibility for their children's education. We urge Judge Scott to allow the program to continue as the case proceeds to appeal, so that families and students who depend on it aren’t unfairly subjected to a disruptive and potentially devastating interruption in their education.
