Utah
Judge hears arguments in case alleging Utah’s ‘school choice’ program is unconstitutional • Utah News Dispatch
Should Utah’s “school choice” program be allowed to stay put — or is it unconstitutional?
That’s the question that a judge is now weighing after spending several hours listening to oral arguments Thursday.
In the hearing, 3rd District Court Judge Laura Scott grilled attorneys for both the state and for Utah’s largest teacher union, the Utah Education Association, on the complex constitutional questions she must now unravel before issuing a ruling in the case — which she said she expects to hand down sometime in mid-to-late January.
Earlier this year, the Utah Education Association filed a lawsuit challenging the constitutionality of the Utah Fits All “scholarship program,” which the 2023 Utah Legislature created as an effort to offer “school choice” options by setting up a fund from which eligible K-12 students can receive up to $8,000 for education expenses including private school tuition and fees, homeschooling, tutoring services, testing fees, materials and other expenses.
Utah’s largest teacher union files lawsuit against Utah Fits All school choice voucher program
In 2023, lawmakers appropriated about $42.5 million in ongoing income tax revenue to the program. Then this year they nearly doubled that ongoing funding by adding an additional $40 million. In total, the program uses about $82.5 million in taxpayer funding a year.
That is, if the courts allow it to continue to exist.
In its lawsuit, the Utah Education Association alleges it’s an unconstitutional “voucher” program that diverts money from Utah’s public school system — using income tax dollars that they contend are earmarked under the Utah Constitution for the public education system and should not be funneled to private schools or homeschooling in the form of the Utah Fits All scholarship program.
The Utah Constitution has historically required the state’s income tax revenue be used only for public education, though that constitutional earmark has been loosened twice — once in 1996 to allow income tax revenue to be spent on public higher education, and once in 2020 with voter-approved Amendment G, which opened income tax revenue to be used to “support children and to support individuals with a disability.”
This year the Utah Legislature tried to remove that education earmark completely by putting Amendment A on the Nov. 5 ballot — but that effort failed after a judge voided the question because lawmakers failed to properly publish the proposed constitutional amendment in newspapers across the state.
Attorneys representing state officials, the Alliance for Choice in Education (a group that the Utah State Board of Education chose to administer the program), and parents of students benefiting from the program urged the judge to dismiss the lawsuit.
They argued the Utah Legislature acted within its constitutional constraints when it created the program. They contended that when Amendment G added to the Utah Constitution the word “children” as an allowable use for income tax dollars, that created a “broad” yet “not ambiguous” category that allowed Utah lawmakers to use the revenue for the Utah Fits All scholarship fund.
Attorneys for the Utah Education Association, however, argued that when legislators put Amendment G on the ballot and pitched it to voters, their stated intentions did not include using the funding for private school vouchers. Rather, they argued it was characterized as an effort to narrowly open the revenue up to “social services” for children and people with disabilities.
The judge repeatedly questioned state attorneys about their position, asking for clarity on the state’s interpretation of the Utah Constitution and whether it would allow Utah lawmakers the power to create a “shadow” or “parallel” education system that could funnel public dollars to private schools, which can select students based on religion, political beliefs, family makeup or other criteria. In contrast, Utah’s public school system must be free and open to all.
Arif Panju, an attorney representing parents who intervened in the case to argue in favor of protecting the Utah Fits All program, argued parents have a “fundamental right” to exercise their “school choice” options.
“The mere fact that they can use a private scholarship … does not transform those options into a shadow system,” Panju argued.
But to Scott, that still didn’t answer her question.
“I’m getting a little frustrated,” Scott said, adding that she wasn’t trying to debate school choice but rather she was trying to conduct a constitutional analysis.
Ultimately, state attorneys conceded their position could open the door to a “parallel” or “shadow” system — however, they argued that’s not what is being debated in this case. They argued the Utah Fits All program was funded only after the Utah Legislature appropriately funded its education system, as required by the Utah Constitution (which does not set a specific threshold).
When the hearing’s time ran out at about 4:30 p.m., Scott said she would take the issue under advisement, and she would not be ruling from the bench.
“I’m hopeful for mid-to-late January,” she said, “but I’m not making any promises I won’t take the entirety of the 60 days” that she has to make a decision.
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SALT LAKE CITY — The Utah Jazz missed out on the NBA Playoffs, but still scored a big win thanks to a coin flip.
In Monday’s tiebreaker coin flip to determine who had the fourth-worst record in the league last season, the Jazz came out winners over the Sacramento Kings, who had the same 22-60 record.
Had the Jazz lost the coin flip, they would have been fifth in NBA Draft Lottery odds. Only the worst four teams are guaranteed to remain within the top eight of the lottery.
If Utah had fallen to fifth, there would have been the chance they could have dropped out of the top 8 teams in the lottery, and owed the draft pick to Oklahoma City, which was top-8 protected in a previous trade.
The Jazz now have an 11.5 percent chance to win the first overall pick in the NBA Draft Lottery, which is scheduled for Sunday, May 10.
The Utah Jazz are rolling into a big offseason before they into what’s projected to be a wildly different-looking 2026-27 campaign from what they had just seen this past 22-win season.
But before that season is able to get underway, the Jazz have some priorities to address in the offseason––both in terms of constructing their roster and retaining a few key pieces from last year’s group into next year.
That makes their salary cap situation and everything around it important to be aware of in the next few months. So with that in mind, we’ve put together an offseason cap tracker for a glimpse of what the Jazz are dealing with in terms of cap space, contracts, and any of their own free agents hitting the open market.
Let’s break it down:
Maximum Possible Cap Space: $24.7M
The Jazz are currently projected at just under $25 million in cap headed into the summer. That’s without any additional moves made to the roster from how they’re entering the offseason, and without factoring in any free agents’ pending cap holds.
That number is bound to get smaller once the Jazz hash out their contract situation for Walker Kessler, but it could also see an uptick if Utah were to shed salary with some of their non-guaranteed deals, or any other player they wanted to pivot from.
As of now, it allows the Jazz to make a couple of moves around the edges in free agency, but the main focus will lean on signing Kessler to a long-term deal.
Contracts
A glimpse of the Jazz’s contract values for the 2026-27 season, and when they’re slated to hit free agency from their current deals:
– Jaren Jackson Jr.: $49.0M, ’29 PO
– Lauri Markkanen: $46.1M, ’29 UFA
– Ace Bailey: $9.5M, ’29 RFA
– Keyonte George: $6.5M, ’27 RFA
– John Konchar: $6.1M, ’27 UFA
– Cody Williams: $6.0M, ’28 RFA
– Brice Sensabaugh, $4.8M, ’27 RFA
– Svi Mykhailiuk: $3.8M*, ’28 UFA
– Kyle Filipowski: $3.0M, ’28 RFA
– Isaiah Collier: $2.7M, ’28 RFA
– Hayden Gray: $2.1M*, ’27 RFA
– Bez Mbeng: $2.1M*, ’27 RFA
– Blake Hinson (two-way), ’27 RFA
Total: $142.1M
*- non-guaranteed
The biggest chunk of the Jazz’s salary leans on their top two veterans, Markkanen and Jackson Jr., each making a combined $95 million next season alone.
However, the rest of the roster isn’t taking up much money. No one else will be making more than $10 million, and their payroll is a little less than $150 million in total.
Another noteworthy fact: the Jazz’s key roster pieces outside of George and Sensabaugh are all under contract through the next two seasons.
Both of the aforementioned names are also bound to see extension discussions take place this summer, which might lock in their future for even longer.
Free Agents
A look at who from this season’s roster is set to hit the free agent market in July:
– Kevin Love (UFA)
– Jusuf Nurkic (UFA)
– Walker Kessler (RFA)
– Oscar Tshiebwe (two-way)
– Elijah Harkless (two-way)
The biggest name of note is, of course, the Jazz’s restricted free agent big man, Walker Kessler, who Utah is bound to hand a big payday, but it remains to be seen how much that contract––or offer sheet from another team––will be.
Jusuf Nurkic and Kevin Love have also expressed their desire to return to the roster as they hit free agency. Re-signing both likely wouldn’t cost much for the Jazz financially, but instead relies on a question of whether the roster space is readily available to keep both.
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Golden Knights vs. Mammoth Game 1 prediction: NHL odds, picks, best bets for Stanley Cup Playoffs
The Utah Mammoth is going to be a trendy underdog pick in the Stanley Cup Playoffs.
Not only does Utah have the novelty of this being its first-ever appearance in the postseason going for it, but the Mammoth tick plenty of other boxes that punters look for in a dark horse. They’re fast, dynamic, and create plenty of quality scoring chances.
The only problem is that they are running into the Vegas Golden Knights, arguably the best defensive team in the Western Conference, in Round 1.
Vegas is a -170 favorite to win the series, and it is -152 to win Game 1 on Sunday night.
Mammoth vs. Golden Knights odds, prediction
The Golden Knights had a weird season. Vegas started hot, took its foot off the pedal, and struggled to regain its form down the stretch. That led to a surprising coaching switch late in the campaign, but the move paid immediate dividends as John Tortorella led the Knights to a 7-0-1 record in his eight games behind the bench.
It should be noted that Tortorella benefited from an easy schedule since taking over in Vegas, but it’s hard to deny that the team looks sparked with a new voice in their ear.
What’s especially encouraging for Vegas is that its most glaring weakness, the play of goaltender Carter Hart, has started to trend in the right direction at the exact right time.
And Vegas is so good in its own zone that Hart doesn’t need to stand on his head to get the team over the line against Utah. If he’s just average, the Knights will stand a chance, especially since Utah’s goaltending situation is just as much of a question mark.
Betting on the NHL?
Outside of Vejmelka outplaying Hart, the Mammoth will also need to get this series on their terms if they want to pull the upset. Utah grades out as a slightly above-average defensive outfit, but its strength is up front with dynamic playmakers like Logan Cooley and Clayton Keller, plus sharp-shooter Dylan Guenther.
For those stars to have an impact, the Mammoth will need to get Vegas to open up and engage in a back-and-forth style. I just don’t see that happening with a team that was so disciplined in its own zone all season. The Knights led the NHL in expected goals against and high-danger chances conceded at 5-on-5, which shouldn’t be a shocker given the personnel in Sin City.
Not only does Vegas boast a deep blueline, but forwards Mitch Marner and Mark Stone are regarded as two of the best defensive minds in the entire sport.
Perhaps Utah can blitz Vegas and pull the upset, but I’d need a bigger number to go against the experienced, defensively savvy Knights in a best-of-7.
And if you’re looking for a play with more upside, have a good look at Vegas to pull off the sweep at 12/1.
The Play: Vegas moneyline (-152) | Vegas to sweep the series (12/1, FanDuel)
Why Trust New York Post Betting
Michael Leboff is a long-suffering Islanders fan, but a long-profiting sports bettor with 10 years of experience in the gambling industry. He loves using game theory to help punters win bracket pools, find long shots, and learn how to beat the market in mainstream and niche sports.
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