SALT LAKE CITY — Utah's largest teachers union has filed a lawsuit challenging the state's controversial school choice voucher program.
The lawsuit, filed in Salt Lake City's 3rd District Court, challenges the "Utah Fits All Scholarship" program, crafted by the legislature in a bill that paired it with a significant salary increase for public education. So far, lawmakers have spent $82.5 million in taxpayer funds on the program. The scholarship offers families up to $8,000 to move their student to private or pay for other school expenses.
But the Utah Education Association alleges the Utah Fits All program diverts away money from public schools, in violation of the state's constitution. The union is asking a judge to block the law from being enforced.
"The Utah Fits All program does not fit all, and in fact harms public school students and educators," Utah Education Association President Renée Pinkney told reporters at a news conference on Wednesday.
In Jan. 2023 video below, Ben Winslow explains what's inside "Utah Fits All" program:
The lawsuit alleges that since 1895, Utah's constitutional mandates a free and open education overseen by the Utah State Board of Education. The Utah Constitution also earmarks income tax for public education and the Utah Fits All program violates all of that.
"When you’re talking $82-and-a-half million dollars that was siphoned off? And our schools have so many unmet needs? We know that the schools are going to have to make hard decisions because of the scarce resources and there are so many needs of students and educators right now," Pinkney said.
Among those suing? Parents, a teacher, and a sitting member of the state school board.
"I want children to be able to enroll in a school and not be selected for a school," said Carol Lear, a member of the Utah State Board of Education. "I also think this particular voucher bill has less accountability than any we’ve seen."
Lear said the removal of some oversight by the state school board concerns her.
Kevin Labresh, a parent and a school psychologist, also signed on as a plaintiff. He is the father of a child with special needs and said he did not believe the school choice program would help his family.
"I worry that kids like my son and the other kids I work with at the school district will be disproportionately harmed by the voucher bill because those students don’t have the same federal protections they would have in a public school," Labresh told FOX 13 News. "Private settings don’t have to provide the same IEP services or accommodations. They don’t even have to grant them admission. So it’s an issue of equity and equal access."
Governor Spencer Cox's office declined to comment on the lawsuit. So did the office of Utah Attorney General Sean Reyes. The Alliance for Choice in Education, which oversees the awarding of the scholarships, was also named in the lawsuit and declined to comment.
On Utah's Capitol Hill, the sponsors of the bill to create the Utah Fits All program denied the allegations leveled by the UEA's lawsuit.
"Every parent knows that when it comes to education, one size does not fit all. The Utah Fits All Scholarship was designed so every student – regardless of their zip code, wealth, and abilities – has the opportunity to learn in a way that makes sense for them. I stand by this program and the policy decision to give parents more education options, and will continue to advocate for individualized learning and this program’s success," House Education Committee Chair Candice Pierucci, R-Herriman, told FOX 13 News in a statement.
"The legislature has made historic investments into Utah’s K-12 education system, and will continue to do so. The union’s scarcity mentality, and unwillingness to prioritize Utah children, shows just how out of touch they are with Utah parents and students," she added.
Sen. Kirk Cullimore, R-Sandy, who sponsored the bill in the Senate, was equally critical.
"It is disappointing that the UEA is putting politics above meeting students' and teachers' needs. I'm confident in the constitutionality of this program, as it does not take away money from public education and ensures Utah schools continue to receive the same funding per student," he said. "By having a scholarship program, we're investing in the future of every child to reach their full potential, regardless of their circumstances. Let's focus on the real impact this scholarship can have on the lives of our children instead of political differences."
Read the lawsuit here:
