SALT LAKE CITY — Lawyers for the state's largest teachers union have asked a judge to strike down Utah's school choice program, arguing that it is unconstitutional.
In a new court filing obtained by FOX 13 News, the Utah Education Association argues the program violates Utah's constitution by offering $8,000 vouchers (supporters of the program call them "scholarships") to students with no limit on the amount of funds the legislature can appropriate to send students to attend private schools or other settings.
"The Voucher Program diverts substantial amounts of public funds derived from income tax revenue away from public schools to an alternate system of publicly funded educational providers that are neither 'free' nor 'open to all.' It places these public dollars and control over the program in the hands of a private entity, rather than the State Board of Education," UEA attorney Troy Booher wrote. "And it contains no meaningful standards or safeguards to ensure that participating private schools provide Utah children with an education that will, as the framers described it, 'fit and qualify the child for the citizenship in this State.'"
The UEA also contends the program uses income tax in an unconstitutional manner because it "impermissibly delegates a public function to a private non-governmental entity unaccountable to the public."
In May, FOX 13 News reported the union was suing the state over the Utah Fits All Scholarship program, which offers up to $8,000 to move a student to private school or pay for other education-related expenses. So far, the legislature has spent $82.5 million on the program. The bill creating the program was crafted by lawmakers to be tied to a significant salary increase for public educators.
Supporters of Utah Fits All argue it gives choice to place students in settings where they are better equipped to learn, giving adaptability and meeting some children's needs. Earlier this year, the program handed out money to nearly 10,000 families. Critics say it is a voucher program that is siphoning taxpayer money from already-underfunded public education.
The state of Utah will respond to the filing before a judge is expected to schedule a hearing on the UEA's demand to strike down the program. The state has previously filed its own motions, asking for the union's lawsuit to be dismissed
The UEA is also gearing up to campaign against a proposed constitutional amendment on the November ballot. Amendment A, if approved by voters, would allow the state to dip into the income tax earmark for public education to pay for other state budget needs.
