A recent court decision has deemed the Utah Fits All Scholarship Program unconstitutional, leaving numerous students in uncertainty about their educational future. The program, which was established to provide up to $8,000 annually for eligible K-12 students to cover private school tuition and other associated costs, was challenged in court by the Utah Education Association alongside several plaintiffs. This legal action was initiated following the program’s implementation in the fall of 2024.
Third District Judge Laura Scott ruled that the program violated the Utah Constitution by diverting income tax revenue intended to fund public schools to private education. Judge Scott highlighted that state income tax should support a universally accessible public education system, free of charge, as mandated by the constitution. Additionally, she emphasized that the legislature lacks the authority to bypass these constitutional obligations by not classifying the program as part of the public education system.
Despite the ruling, Governor Spencer Cox announced the state’s intention to appeal the decision. He expressed disappointment but reaffirmed the state’s dedication to supporting families in making educational choices for their children. Utah Attorney General Derek Brown also noted that his office is reviewing the ruling and considering the state’s future actions.
The scholarship program faced opposition on the grounds that it disrupted the flow of funds to public schools, potentially undermining their operation. Supporters of the program, however, argued that it supplemented the existing education system without undermining it, asserting that it still adhered to constitutional requirements by supporting children with income tax revenue.
UEA President Renee Pinkney praised the court’s decision, stating it safeguards the promise of a public education. The ruling was seen as a triumph for public schools, providing reassurance that they remain a priority in the educational landscape.
