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Utah Teachers' Union Files Lawsuit to Stop School Choice Program

UEA President says the bill is 'a deliberate undermining of public education'


Utah Teachers' Union Files Lawsuit to Stop School Choice Program

Utah’s largest teacher’s union has filed a lawsuit to stop the state’s school choice program from moving forward.


Last summer, state lawmakers passed House Bill 215, which is a universal school choice program that allows families an educational scholarship of up to $8,000 to use at the school of their choice.


Every K-12 student who is a resident of Utah qualifies to receive the full amount of the scholarship, which covers public, charter, and private schools.


However, the Utah Education Association (UEA), which represents 18,000 public school educators, brought a lawsuit arguing that the program violates the state’s constitution.


“The lawsuit is based on the grounds that the Utah Fits All Voucher Program does not fit all and in fact, harms public school students and educators,” UEA President Renée Pinkney said during a press conference announcing the lawsuit. “It violates Utah’s Constitution, which clearly states that education should be free and open to all schools.”



She added that the program diverts $82.5 million in taxpayer funds toward private schools at a time the state is experiencing teacher shortages and a lack of resources.


“It siphons critical resources from already underfunded public schools to pay for private schools,” said Pinkney, adding that she believes the voucher program is “a deliberate undermining of public education.”


State Rep. Candice Pierucci, the bill’s original sponsor, says that the vouchers are meant to provide families more choices for individualized learning, scholarships are prioritized for students in lower-income households, and public education is still being funded.


“Every parent knows that when it comes to education, one size does not fit all. The Utah Fits All Scholarship was designed so every student — regardless of their zip code, wealth, and abilities — has the opportunity to learn in a way that makes sense for them,” she said in a statement posted to X.


“The legislature has made historic investments into Utah’s K-12 education system, and will continue to do so,” Pierucci added.


“The union’s scarcity mentality, and unwillingness to prioritize Utah children, shows just how out of touch they are with Utah parents and students,” she said.



Though previous efforts to pass the legislation stalled, in 2022 Gov. Spencer Cox — who vowed to veto the bill — floated an idea tying $6,000 pay raises for teachers to the voucher program. The plan worked, cruised through the legislature, and was signed into law last year.


Robyn Bagley, executive director of Utah Education Fits All program, condemned the lawsuit, calling it “noisy activism and a shameful attempt to strip away education options from students and families in Utah.”


Utah Education Fits All is a self-described non-profit advocacy watchdog for the Utah Fits All Scholarship Program, providing up-to-date information for the public.


“We’re very confident their efforts will not succeed,” said Bagley. “Utah’s legislature did its due diligence to pass responsible legislation that was consistent with Utah’s Constitution."

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