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by Megan Brugger, KUTV
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SALT LAKE CITY (KUTV) — A judge ruled that the Utah Fits All Scholarship is unconstitutional.
"The court concludes that the original public meaning of [the Program] permitted a narrow expansion of the public education earmark to include existing social services programs that support children as well as other programs that support children with disabilities and adults with disabilities," Judge Laura Scott said in a statement. "And because the Program is neither a social services program nor a program limited to supporting children with disabilities, the court concludes that the Program is also unconstitutional…"
Plaintiffs alleged that the program violated the Utah 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," according to the statement.
Additionally, plaintiffs argued the program delegated "an essential public service and one of the Legislature's core constitutional functions — providing education — to private entities and exempting them from oversight over both fiscal management and the quality of educational services they provide."
If the parties wish to appeal, however, "this can be discussed at the status conference scheduled for April 23, 2025."
The Utah Education Association celebrated the ruling. They called it a "significant victory for public education and a reaffirmation that public money belongs in public schools."
"This decision protects the integrity of public education, ensuring critical funding remains in schools that serve 90% of Utah's children and prioritize equitable, inclusive opportunities for every student to succeed," the association said. "It reinforces the belief that public education is a cornerstone of opportunity for everyone, regardless of their background or circumstances."
The association argued that the Utah legislature overstepped its authority.
Gov. Cox, however, said he is disappointed in the court's decision.
"While we are disappointed in the court’s decision on the Utah Fits All program, our commitment to Utah families and their right to make choices about their children’s education remains unchanged," he said. "We will be reviewing the ruling with our attorneys and preparing to appeal."
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