Utah wants a judge to toss out teachers union suit over school choice program

Utah wants a judge to toss out a suit filed by a teachers union over the state’s school choice program.

“Viewed for what it really is, Plaintiffs’ case is a grievance with the Legislature’s funding choices,” said the state.

Back in 2023, state lawmakers created a program known as the Utah Fits All Scholarship Program. Slated to go into effect for the 2024-25 school year, it would give eligible K-12 students go up to $8,000 to use for private school tuition and other costs.

The Utah Education Association, the largest teachers union in state, filed a lawsuit claiming the program violates the state constitution by diverting funds intended for public schools to private schools. It was filed in the 3rd Judicial District Court in May .

When announcing the suit, UEA President Renée Pinkney said it was done “on the grounds that the Utah Fits All Voucher Program does not fit all and in fact, harms public school students and educators.”

Sen. Kirk Cullimore, R-Draper, a sponsor on the original bill, said it was disappointing the UEA put politics above the needs of students and teachers.

“Utah boasts some of the finest public schools and most dedicated teachers in the nation, and we in the Legislature remain dedicated to providing our public education institutions with the utmost support. However, our goal is not only to ensure the overall success of schools; it’s also about guaranteeing that every child has the opportunity to thrive,” said Cullimore. “The Utah Fits All Scholarship Program empowers kids who might struggle in traditional academic settings by providing them with the resources they need to succeed in the classroom and beyond.”

Here is a closer look at why the state filed a motion to dismiss the suit.

Why the state wants a judge to dismiss the suit

The state argued in its motion to dismiss the funding for the program does not come from the money appropriated for public schools. “Nothing in the statute that creates the UFA Scholarship Program states or implies that funding for the Program will be taken from funds that would otherwise be appropriated to fund the public education system,” said the state.

Pointing toward increases in funding the public school system every year since 2020, the state said, “the Legislature can hardly be accused of diverting funds away from the State’s public education system because the appropriation for public education actually increased by over $700 million for that year alone.”

Furthermore, the state argued, the Utah Constitution allows the Legislature to designate programs and so the Legislature is permitted to create a program to support children as they seek educational alternatives outside the public school system.

The state said the Utah Fits All Scholarship Program is not only funded separately from the public school education system, but also it is not under the control of the Utah State Board of Education. The state board has limited oversight, which the state said “aligns with the Legislature’s policy choice that the UFA Scholarship Program not be designated as part of the public education system.”

Under the Utah Constitution, the state said the Legislature has the authority to use income tax funds for programs to support children.

“Plaintiffs alleges no set of facts under which this Court could conclude that the UFA Scholarship Program does not ‘support children,’” said the state. “The Legislature has plenary authority to create programs such as the UFA Scholarship Program. Plaintiffs’ allegations that the UFA Scholarship Program will divert funds that would otherwise be appropriated toward Utah’s public education system is unfounded speculation.”

The state also requested that Carol Lear, a member of the Utah State Board of Education, be dismissed as a plaintiff “because Ms. Lear lacks either traditional or ‘public interest’ standing to bring this action in her official capacity as a member of the State Board of Education.”

Referring to a ruling from the Utah Supreme Court, the state said the court in a previous case “concluded that the plaintiffs who were members of the State Board did not have a personal stake in the controversy sufficient to establish tradition standing.” The state said no part of state code or constitution “empowers an individual member of the Board to act on the Board’s behalf without an official act by a majority vote of the Board.”

The state said it continues to provide a free education, as the Utah Constitution stipulates, for Utah children.

“The creation and implementation of the UFA Scholarship Program does not constitute a failure to provide a free and open public education system for all Utah children,” said the state. “The State has and continues to provide a free and open public education for all Utah children.”

Utah Senate President Stuart Adams, R-Layton, previously issued a statement in support of the state’s policy.

“Our commitment to public education is clear: from 2014 to 2024, Utah state education funds increased by $2.5 billion, a 94.7% increase. We learned during COVID that parents needed more options for their kids,” said Adams. “The Utah Fits All Scholarship expands education opportunities to include additional educational paths for parents to use their taxpayer money to select what is best for their kids. The scholarship program is a transformative step toward providing comprehensive educational opportunities for all Utah students.”