A state judge in Salt Lake City has ruled that a private school choice program in Utah that started offering scholarships to students this school year is unlawful.
According to Judge Laura Scott’s decision on Friday, the Utah Fits All Scholarship Program is in violation of the Utah Constitution’s requirements that state income taxes fund a public education system that is “free from sectarian control.”
Students can use a portion of their state education funds for extracurricular activities, private school tuition, tutoring, education services for students with disabilities, and transportation through the Utah Fits All Scholarship Program, which is an education savings account.
Approximately 10,000 kids were able to earn $8,000 for educational expenditures this school year thanks to the initiative, which was initially funded with $82.5 million.
Scholarships are available to all students, but the budget restricts how many can apply. Pro-school choice advocacy group EdChoice believes that less than 2% of the state’s K–12 population is served by the program as funded.
A teachers union, the Utah Education Association, and other plaintiffs filed a lawsuit against the state in May 2024, claiming the program transfers taxpayer funds from public schools to private ones that aren’t free and accessible to all children.
According to the verdict, participating private schools are allowed to discriminate on any other basis, including religion, sex, gender, sexual orientation, gender identity, and handicap status, even though they are required to follow nondiscrimination policies for race, colour, or national origin.
“The court is not wading into the political debate over the merits of ‘school choice’ or expressing any view on the indirect funding of sectarian schools.,” according to Judge Scott’s ruling.
Utah Governor Spencer Cox stated the state will appeal in a post on X on Friday. “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,” Cox stated.
The legitimacy of private school choice initiatives nationwide has been contested for many years, and legal challenges to these initiatives frequently raise issues with First Amendment freedom of religion rights or state constitutional provisions.
There are college savings account programs in 17 states, including Utah. According to EdChoice, the number of students participating in ESA programs has increased significantly in recent years, rising from 40,205 in 2022 to 488,736 this year.
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Two months after passing the Senate, Texas House lawmakers only last week authorised an ESA program for the state. Gregg Abbott, the governor, has promised to sign the bill into law.
According to EdChoice, about 1.2 million students across 34 states, the District of Columbia, and Puerto Rico are enrolled in private school choice programs.
Republican members of Congress are pushing for a nationwide private school choice program that would receive federal funding.
Rep. Adrian Smith, R-Neb., introduced the Educational Choice for Children Act of 2025 on January 31. It would essentially provide a new tax credit for people and businesses who contribute to the tuition of private and religious schools.
Donations for educational supplies, tutoring, therapies for students with disabilities, and dual enrolment for students attending public and private schools would also be covered by the tax credit.
Citing the need to provide families greater control over their children’s education, President Donald Trump signed an executive order in January directing the U.S. Department of Education to prioritise school choice growth.
