Utah’s $100 million school voucher program violates the state’s constitution, a judge ruled Friday.
“[Because] the Program is a legislatively created, publicly funded education program aimed at elementary and secondary education, it must satisfy the constitutional requirements applicable to the ‘public education system’ set forth in the Utah Constitution,” Third District Judge Laura Scott wrote in her ruling. “The Program is not ‘open to all children of the state.’”
Gov. Spencer Cox, one of the defendants in the case, said Friday the state will appeal Scott’s ruling.
The decision comes almost a year after the Utah Education Association, the state’s largest teachers’ union, sued the state, alleging that the “Utah Fits All” program was an unconstitutional use of the state’s income tax dollars — which are reserved only for public education, higher education and services for people with disabilities.
The judge agreed, ruling the program violates Article X and Article XIII of the Utah Constitution.
Article X states the Legislature shall establish and maintain a public education system and higher education system both “free from sectarian control.”
Article XIII governs how the Legislature is to spend income tax dollars, which are currently earmarked for public education, higher education and services for people with disabilities.
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This article is published through the Utah News Collaborative, a partnership of news organizations in Utah that aims to inform readers across the state.