The constitutionality of Utah’s school voucher program has been challenged, with a district court ruling it unconstitutional. This decision follows a lawsuit by the Utah Education Association, which argued that the Utah Fits All Scholarship Program contravened the state constitution by allocating tax dollars to private schools that do not meet public education standards.
Enacted in 2023 by the Utah Legislature, the $100 million voucher initiative provided up to $8,000 from state income taxes to qualified students for private schooling through scholarship accounts. District Court Judge Laura Scott highlighted that the program allowed schools to refuse admission based on religion, politics, and location, while granting benefits to private and homeschooled students that were inaccessible to those in public schools, such as funds for computers, tutoring, and test preparation. The judge stated that as a publicly funded educational program, it must adhere to the constitutional requirements of being free and open to all, which it failed to do.
This ruling emerges amidst a national debate on expanding school choice. Recently, the Texas House provisionally approved a new $1 billion private school voucher program, and similar legislative efforts have progressed in Wyoming and Tennessee. Utah authorities had previously maintained that the program’s tax revenue allocation was less than one percent of the funding for public schools. Despite the setback, advocates for the program, including Robyn Bagley, executive director of Utah Education Fits All, remain optimistic about a favorable outcome in the Utah Supreme Court.
The program had initially funded vouchers for 10,000 students, with a significant majority being homeschooled. Following a surge in demand that resulted in a 17,000-name waitlist, the legislature reduced scholarship amounts for homeschooled students earlier this year.
The Utah Education Association, representing 18,000 members, welcomed the court’s decision, emphasizing its role in safeguarding public education funding. The union has also contested a legislative action that prohibits collective bargaining, viewed by some as retaliation for the voucher program lawsuit. Union efforts have included a referendum backed by over 300,000 signatures to overturn this recent ban.