Utah Legislature Enacts Broad School Voucher Bill

Following the lead of the state House of Representatives, the Utah state Senate on Friday passed HB 148, the Parent Choice In Education Act. The broad school voucher program will appropriate $9.3 million in 2008 and $12.4 million in 2009 from the state's General Fund for tuition scholarships based on parents' income level. The vouchers may be used in either secular or religious private schools. Central Utah's Daily Herald on Saturday reported that the governor has indicated that he will sign the bill into law. It is expected that the law will be challenged as being in violation of the Utah Constitution, Art. X, Sec. 9 that prohibits public aid to church schools and Art. I, Sec. 4 that prohibits appropriations for religious instruction or support of "any ecclesiastical establishment". Legislative findings in Section 2 of the bill attempt to lay the groundwork for defending such challenges.