Utah school voucher program allowed to continue as Supreme Court considers constitutionality

SALT LAKE CITY — Utah’s school voucher program will continue as normal until the state Supreme Court decides whether the program violates the state constitution.

Last week, Third District Court Judge Laura Scott deemed the Utah Fits All scholarship unconstitutional because it gives income tax dollars meant for public education to families that can use the money for private or home school programs.

Third District Judge Laura Scott speaks during a hearing in Salt Lake City on Wednesday, April 23, 2025. (Pool photo)

Robyn Bagley, executive director for Utah Education Fits All, told Utah’s Noon News that the decision left a lot of families in limbo.

“These families, like all Utah families, they’re planning ahead for the upcoming school year and they have anticipated costs and expenses that they’re counting on,” Bagley said. “They’re counting on the continuity of the scholarship.”

After hearing from attorneys on both sides at Wednesday’s status hearing, Judge Scott decided not to put an injunction on the program while the Supreme Court hears an appeal.

“That would mean things would just proceed as normal, unless and until we have a decision by the Supreme Court,” she said.

The Utah Education Association issued a statement in response to the decision:

The ruling by the Third District Court affirms that the legislature must follow the Utah Constitution and public money belongs in public schools. We are confident that the decision declaring the Utah Fits All voucher program unconstitutional will be upheld on appeal.

In the meantime, the plaintiffs agreed to allow public funds already allocated under the program to remain in place until the Utah Supreme Court issues a final ruling. This approach prevents immediate disruption for private and homeschool students and ensures public school educators continue receiving the pay increase tied to the program.

Every child in Utah, regardless of ZIP code or background, deserves access to a safe, inclusive neighborhood public school fully staffed with dedicated educators and equipped with the resources they need to thrive. We will continue standing up for students, enforcing the Constitution, and ensuring that public dollars stay in public schools where they belong.”

Utah Fits All was engineered to offer families more choice in how they educate their students.

“This is serving families who wouldn’t ordinarily have the opportunity to select a private school or to select the resources and services that families with money could,” Bagley said.

In its first year, Utah Fits All awarded about 10,000 families money for private school or homeschooling. The program has been appropriated $100 million public dollars to give to students for private or home school programs next school year.