Utah's controversial $8,000-per-child school voucher program will continue operating despite being ruled unconstitutional, setting the stage for a high-stakes battle in the state's Supreme Court.
Late last week, Third District Court Judge Laura Scott ruled the Utah Fits All Scholarship program violates Utah’s Constitution. During a hearing on Wednesday, Scott said she would not issue an injunction against the program pending a likely appeal to the Utah Supreme Court. That means the program will stay in place during the appeal process.
The program, established by Utah lawmakers in 2023, diverted public funds to private education while linking private school vouchers to public teacher pay raises. Last year, the Utah Education Association along with other plaintiffs sued, claiming the program was unconstitutional.
Wednesday’s decision to not enjoin the program means scholarships are still available to parents, and the teacher salary increases will remain in place for now.
In a statement, UEA President Renée Pinkney, expressed confidence that the judge’s ruling will be upheld by the Utah Supreme Court.
“This approach prevents immediate disruption for private and homeschool students and ensures public school educators continue receiving the pay increase tied to the program,” Pinkney said.
“Every child in Utah, regardless of ZIP code or background, deserves access to a safe, inclusive neighborhood public school fully staffed with dedicated educators and equipped with the resources they need to thrive. We will continue standing up for students, enforcing the Constitution, and ensuring that public dollars stay in public schools where they belong.”
