- Oct 17, 2011
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Utah’s school voucher program is unconstitutional, judge rules
A Utah judge sided with the state’s largest teachers’ union Friday, striking down the “Utah Fits All” school voucher program. Gov. Spencer Cox said the state will appeal.
At the heart of the judge’s ruling is Article X of the Utah Constitution, which requires the state to maintain a public education system that is both “free and open to all children.”The judge ruled that while participating in Utah Fits All is “free,” it is not “open.”
“As required by the Utah Constitution, public schools must allow all resident students to enroll and may not discriminate against them,” the ruling states. “In stark contrast, every school participating in the Program has some form of an application process, which may include assessments, interviews, or tests to determine if the student is the right ‘fit.’”
Private schools and other providers participating in Utah Fits All aren’t required to serve students with disabilities and can deny admission based on factors like gender, religion or income, the ruling states.