SALT LAKE CITY — A judge will decide the fate of Utah’s controversial school choice scholarship program when she rules on a lawsuit that opponents have alleged is a voucher that siphons money from the state’s public education system.
On Thursday, 3rd District Court Judge Laura Scott heard arguments in the Utah Education Association’s lawsuit against the state over the “Utah Fits All” program. The union wants the law struck down while lawyers for the state want the judge to dismiss the UEA’s lawsuit.
Judge Scott frequently asked pointed questions of lawyers on all sides, focusing on whether the program (alternating in her references to it as a “scholarship” or a “voucher”) is within the realm of a public education or not, and what voters intended when they approved past constitutional amendments on the earmark on the income tax for public education.
The Utah Education Association, the state’s largest teachers union, is suing the state alleging that the program is violating the Utah constitution by diverting money away from public education. So far, lawmakers have spent $82.5 million in taxpayer funds on the scholarship that offers families up to $8,000 to move their student to private or pay for other expenses.
“Is it really creating a shadow education system or a parallel system?” Judge Scott asked a lawyer representing the UEA.
“The statute does and it’s not about what may happen in the future it’s about what’s enacted by the legislature,” union attorney Ramya Ravindran argued. “That’s what’s before the Court right now. This statute does do that because there is no limitation on what the legislature can appropriate.”But the Utah Attorney General’s Office argued that the legislature acted well within its authority when it created the “Utah Fits All” program. Their attorney suggested to the judge that voters also knew that when they passed constitutional amendments in the past expanding the income tax to cover not just public ed — but some social services. Critics had warned against it opening the door to vouchers, and voters were then on notice.
“So as long as the legislature provides for some sort of public education system at whatever funding level they decide is appropriate, they can create an entirely different private system comprised of schools and programs universities that they designate as non-public?” Judge Scott asked assistant Utah Attorney General Scott Ryther.
“What is before the court now is a very limited scholarship fund that does not establish any separate school system,” he replied. The judge also asked some tough questions about whose children would qualify for a scholarship – including those with disabilities, disciplinary problems and schools that may require students to adhere to certain religious beliefs. Lawyers for the state and a group administering the program conceded that some institutions taking the scholarship money may have admission requirements that may not admit all children.
Parents who support the Utah Fits All program have intervened in the litigation. Their lawyer told the judge that they want to see their children supported outside a traditional system. One of the lead plaintiffs against the state is the father of a special needs child who attended court on Thursday to watch the arguments.
"I'm mostly excited to be here and be part of the process and fighting this cause for Utah’s public school students," Kevin Labresh told FOX 13 News as he left court. "Especially for higher needs, special education students like my son who are affected by the voucher program."
Judge Scott said she would issue a ruling in January. It is expected this case will go all the way to the Utah Supreme Court, regardless of her ruling.
