The Utah Fits All Scholarship was defended in court on Thursday, December 19. While the judge didn’t make a ruling on the case, here are some things you should know.
What Does the Scholarship Do?
The Utah Fits All Scholarship provides families up to $8,000 to tailor education through private schools, homeschooling, or specialized programs, offering vital support for students with unique needs outside traditional systems. Parents can freely choose how to spend the scholarship for the education of their child. They can also do a combination of programs to truly individualize their child’s education. Since many students do not fit in traditional models, the scholarship allows families to find an education that does.
Does the Program Violate the Constitution?
Critics, led by the Utah Education Association, claim the scholarship unlawfully redirects funds meant for public schools, effectively creating a “shadow education system.” Their attorney argued that “the statute does do that because there is no limitation on what the legislature can appropriate.”
However, the Utah Attorney General’s Office has countered these claims, stating that the program is entirely within the legislature’s authority. Utah’s constitution allows for “other schools and programs that the legislature may designate” that are outside of the public education system.
And while Utah’s constitution also states that Utah cannot directly support religious schools, the US Supreme Court has ruled that allowing parents to freely choose where to send their children to school and providing them funds to do so, does not constitute direct support by the state. That is exactly what the Utah Fits All Scholarship does. It allows parents to decide how to spend their education dollars.
A Future Decided in Court
Judge Laura Scott has 60 days to make a decision, but has promised a ruling in January. Regardless of what she decides, both sides anticipate the case will advance to the Utah Supreme Court. This case is another step in allowing school choice policies across the country.
(Trent Nelson | The Salt Lake Tribune) Third District Judge Laura Scott during a hearing on Utah Education Association’s lawsuit against the Utah Fits All Scholarship (voucher) program, in Salt Lake City on Thursday, Dec. 19, 2024.
A Bright Path Forward
Opponents fear the scholarship will undermine public education, but Utah Fits All is not about dismantling the public system; it’s about providing families with options. By addressing the diverse needs of Utah’s students, the scholarship makes sure that Utah’s education truly fits all.
As the debate continues, the heart of the issue remains clear: families deserve the freedom to choose what’s best for their children. The Utah Fits All Scholarship is a bold step toward fulfilling that promise—constitutionally and compassionately.
Judge Scott’s upcoming decision will be pivotal, but the ultimate resolution likely rests with the Utah Supreme Court. For now, the scholarship will continue to serve the families enrolled, helping parents find the best education for their children.
Education Policy Analyst
Jon is the Education Policy Analyst at Libertas Institute. He previously taught fifth and sixth grade and served as an elementary principal in Weber School District for 14 years.