Utah judge rules school voucher program unconstitutional

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SALT LAKE CITY — A Utah judge has ruled that the state's controversial school voucher program, known as the Utah Fits All Scholarship, is unconstitutional. The ruling marks a victory for the Utah Education Association, which had argued that the program violated the state constitution and threatened public education. The scholarship, which took effect in May 2023, granted eligible students up to $8,000 in state income tax funds to pay for education-related expenses, including tuition for private schools and homeschooling costs. The UEA filed a lawsuit last year, claiming that the program diverted necessary funding from public schools. The state's largest teachers’ union contended that the vouchers violated constitutional provisions by allocating income tax revenues to private institutions that do not meet the standards of public education, such as being free, open to all students and regulated by the Utah State Board of Education. Utah Gov. Spencer Cox and Attorney General Sean Reyes had previously sought to dismiss the lawsuit. In response to the ruling, Cox expressed disappointment and reaffirmed his administration’s commitment to school choice. “While we are disappointed in the court’s decision on the Utah Fits All program, our commitment to Utah families and their right to make choices about their children’s education remains unchanged. We will be reviewing the ruling with our attorneys and preparing to appeal,” Cox posted to X.

While we are disappointed in the court’s decision on the Utah Fits All program, our commitment to Utah families and their right to make choices about their children’s education remains unchanged. We will be reviewing the ruling with our attorneys and preparing to appeal. — Governor Cox (@GovCox) April 19, 2025

UEA released a statement celebrating the decision, calling it a “significant victory for public education” and emphasizing the need for public funds to remain within the public school system. “All governmental power requires oversight and accountability to the public, and the UEA is here to ensure it,” the statement read. A status hearing is scheduled for next Wednesday, where lawmakers and officials will discuss the future of the program. The Utah Legislature had previously allocated $100 million in public funds for the scholarship, a budget that now faces uncertainty following the ruling.