A classroom at Woodrow Wilson Elementary School in South Salt Lake is pictured on Tuesday, March 12, 2024. (Photo by Spenser Heaps for Utah News Dispatch)
Utah’s school choice program will continue until the Utah Supreme Court rules on a lawsuit questioning its constitutionality, the state and the Utah Education Association agreed on Wednesday.
A 3rd District Court judge declared on Friday the program is unconstitutional. But, for Republican Gov. Spencer Cox and legislative leadership, this isn’t the end of the road. After the ruling was unveiled they said they would appeal to the state’s high court to overturn the decision.
With a looming May 1 deadline before applications close for the Utah Fits All program, triggering a 30-day window to announce next school year’s recipients, attorneys for Utah’s largest teacher union are betting on a quicker final resolution.
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“It is in everyone’s interest to move as expeditiously as possible in the Supreme Court,” Ramya Ravindran, an attorney representing the UEA, said on Wednesday. “We wouldn’t oppose delaying the request for the injunction until we receive the guidance back from the Supreme Court.”
That’s one of the simplest ways to go about the case, Judge Laura Scott said. If the high court affirms her ruling, then Utah Fits All would be discontinued. If justices reverse it, the case would be dismissed.
“I will not impose a remedy at this point, so I’ll issue the final ruling. It will go up on appeal. There will be no injunction in place,” Scott said. “My understanding is that would mean things would just proceed as normal and then listen until we have a decision by the Supreme Court.”
After a year-long legal challenge against the school choice program, Scott ruled it to be unconstitutional since it is not open to all Utah children and diverts income tax revenue to fund private schools, violating articles X and XIII of the Utah constitution.
The UEA is still celebrating the win despite not yet having a final resolution. UEA President Renée Pinkney said in a statement on Wednesday that the lower court ruling affirms that public money belongs in public schools, and she’s confident the decision will be upheld on appeal.
“In the meantime, the plaintiffs agreed to allow public funds already allocated under the program to remain in place until the Utah Supreme Court issues a final ruling. This approach prevents immediate disruption for private and homeschool students and ensures public school educators continue receiving the pay increase tied to the program,” Pinkney said.
While on the other side of the aisle, Rep. Candice Pierucci, R-Herriman also had reasons to celebrate after the Wednesday conference.
“Today’s court hearing brought good news for Utah families: scholarship recipients will not face disruptions during the appeals process,” she wrote in a social media post. “Families can finish the school year with peace of mind, and new applicants can still apply for the next academic year.”
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The program, established in 2023, provided up to $8,000 a year in scholarships for private school tuition or homeschool instruction per student. This year the Legislature appropriated over $100 million in ongoing funds for Utah Fits All.
But the extra funding came with more restrictions for the program, which is mostly used by homeschooled children. Lawmakers approved reducing scholarship amounts for homeschooled students to $4,000 a year for students ages 5 to 11 and $6,000 for ages 12 to 18. Those attending private schools can still receive $8,000 a year.
Bans were also put in place on expenses like ski passes, furniture and musical instruments, a cap of 20% per scholarship was set for extracurriculars and physical education, and a clear process was provided to change the program administrator, which the State Board of Education already used when it terminated its contract with ACE Scholarships early.
However, some claims for relief included in the suit were rendered moot by Scott’s ruling, including the argument that the program violated the constitution “by vesting control and supervision of a public education program in a private program manager and prohibiting the Board from promulgating any rules concerning instructional content and curriculum in voucher-funded schools,” and another claim that challenged “delegating an essential public service, and one of the Legislature’s core constitutional functions” to private entities.
However, as requested by the state attorneys, Scott will take a couple of weeks to rule on those claims so the Utah Supreme Court appeal has a complete decision for the case to review. That decision will not come later than May 15, she added.