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UEA News

Unconstitutional Voucher Program Challenged by UEA During Hearing

This unconstitutional program threatens public education by diverting funds from public schools to unaccountable, private religious schools.
Attorneys and plaintiffs pose for picture outside courtroom.
Published: December 19, 2024

On December 19, 2024, attorneys representing the Utah Education Association and other plaintiffs appeared in court for the ongoing lawsuit challenging the Utah Fits All Voucher program. Judge Laura Scott said she expects to rule on the summary judgment request in mid-to-late January after hearing arguments in the 3rd District Courthouse in Salt Lake City. 

Attorneys argued the Utah Fits All Voucher program is unconstitutional and fundamentally flawed. It creates the appearance of a publicly funded shadow education system that is not open to all Utah students, allowing discrimination based on protected classes and operating free from mandatory constitutional protections, including the Utah State Board of Education's required general control and supervision. It is neither free nor equitable, and its funding is also unconstitutional—public money belongs in public schools. In just one year, this program has doubled its initial budget, a trajectory that threatens to “destroy public education,” as one lobbyist for the statute explicitly stated was her goal.

Instead of diverting resources to unaccountable private religious schools, we should focus on strengthening public schools, where 90% of Utah’s children—and 95% of students with disabilities—are educated. Every student deserves fully funded neighborhood public schools that foster belonging, provide one-on-one attention through smaller class sizes, and address teacher and staff shortages by offering competitive salaries. The UEA simply asks the State of Utah to comply with the constitution when creating publicly funded education programs and prioritizing the needs of all students and their future success. 

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Keeping the Promise of Quality Public Education

With more than 18,000 members across the state, UEA supports equal opportunities for success for ALL Utah students, and respect and support for all educators.