2025 Bills

HB 455: Utah Fits All Clarifications

To track the status of this bill, find it on our Legislation Tracker. Click here to contact the sponsor of the bill to share your thoughts, or click here to email your Senator and Representative about it.

Libertas Institute supports this bill

Staff review of this legislation finds that it aligns with our principles and should therefore be passed into law.

The Utah Fits All Scholarship is nearing the completion of its first year, and while the program has served over 10,000 students, some areas have required additional clarification. House Bill 455, sponsored by Representative Candice Pierucci, addresses these concerns and strengthens the program’s long-term effectiveness.

Not Controlled by the Utah State Board

There has been some confusion regarding this bill and the role of the Utah State Board of Education (USBE). While the bill grants USBE some financial oversight, it does not give the board control over the program’s day-to-day operations.

Rather, the bill directs the Department of Operations within USBE to develop transition procedures only if a transition occurs. This is a safeguard to ensure continuity for parents in cases where the current program manager voluntarily steps away from the contract or if legal circumstances necessitate a change. Establishing clear transition procedures helps prevent disruptions in program administration.

Libertas does not support shifting control of the program to USBE. However, we do support financial audits and reports being provided to USBE to prevent fraud, waste, and abuse while maintaining the program’s independence.

Rollover Funds

One of the most significant improvements in this bill is the establishment of a rollover provision for unspent funds. This ensures that families can save unused scholarship dollars for future educational expenses, recognizing that the cost of educating an elementary-age child is often lower than that of a middle or high school student. This policy encourages responsible financial planning and allows families to make long-term educational investments for their children.

In future legislation, we hope that the legislature will allow these saved funds to be used post K12 learning. Providing parents an ability to use these funds on things like gap year programs, career exploration programs, and similar expenses will allow families to continue making choices that are outside of the conveyor belt system. 

Expanding Educational Access & Opportunities

Another critical component of the bill is the protection of student access to public school extracurricular activities. School districts will be required to provide equal opportunities for scholarship recipients to try out for sports teams, choirs, bands, and other extracurricular activities—just as they do for students in charter and private schools. This ensures that students using the scholarship are not excluded from valuable enrichment experiences.

Ensuring Fiscal Responsibility

Finally, HB 455 adds important safeguards to prevent misuse of funds at the end of each school year. By clarifying fund management procedures, the bill enhances program integrity and ensures that taxpayer dollars are used effectively to support students’ education.

Limits on Spending

This bill puts limits on extracurricular spending and physical education experiences. We do not support these limits. We encourage any rules surrounding these expenses to be as flexible as possible allowing innovation in education to continue to occur. 

A Major but Hidden Win

One of the things this bill does not do is change the amount of scholarship money based on a student’s learning status. Private and home educated students will continue to receive the same amount of money in the scholarship. This avoids a push by some proposals to create different funding levels for these students. 

With these key improvements, House Bill 455 strengthens the Utah Fits All Scholarship, ensuring its continued success in expanding educational freedom, promoting financial responsibility, and protecting student opportunities.

Addressing Unmet Demand

The first year of the Utah Fits All Scholarship demonstrated overwhelming demand, with thousands of students applying for the program but unable to receive funding due to limited resources. As the scholarship continues to serve Utah families, we hope that the Utah Legislature will consider increasing funding to meet the needs of more students who would benefit from access to an educational environment that best supports their success.