Connect with us

Utah

Judge hears arguments in case alleging Utah’s ‘school choice’ program is unconstitutional • Utah News Dispatch

Published

on

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. 

Advertisement

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.” 

Advertisement
Scott Ryther during a hearing on Utah Education Association’s lawsuit against the Utah Fits All Scholarship (voucher) program, in Salt Lake City on Dec. 19, 2024. (Pool photo by Trent Nelson/The Salt Lake Tribune)

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. 

Ramya Ravindran during a hearing on Utah Education Association’s lawsuit against the Utah Fits All Scholarship (voucher) program, in Salt Lake City on Dec. 19, 2024. (Pool photo by Trent Nelson/The Salt Lake Tribune)

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. 

Advertisement

“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. 

Advertisement

“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. 

YOU MAKE OUR WORK POSSIBLE.

Advertisement



Source link

Utah

Utah hit with largest measles outbreak in over 30 years

Published

on

Utah hit with largest measles outbreak in over 30 years


Utah has been hit with the largest measles outbreak in more than 30 years.

The Utah State Epidemiologist stated that it’s the most contagious disease scientists know of.

As of this month, the Utah Department of Health and Human Services reported 115 confirmed cases.

MORE | Measles

“It’s a little surprising to see an uptick in measles, but it’s not surprising to hear that Utah County is one of the places where we have seen more of those cases,” said Elsie, a Utah County resident with several children in local schools. “I think because there’s kind of been a movement towards anti-vaccination.”

Advertisement

Samantha Marberger, who also lives in Utah County and has a young child, said measles wasn’t something she thought was here.

“I’ve heard of big outbreaks like that in Texas and a few other places, but it wasn’t something that I thought was as local,” she said.

Utah State Epidemiologist Leisha Nolen called the outbreak “extreme” and “really concerning.”

“Why does the health department believe this is happening now? Is this like a delayed reaction of previous low vaccination rates?” 2News asked her.

“Yeah, I think unfortunately our vaccine rates have gone down over time, and we do now have a number of people who are vulnerable to this infection, and they haven’t been protected,” Nolen said. “There also has been cases in neighboring states, and so it was easy to introduce here in Utah.”

Advertisement

The DHHS stated that roughly 90% of the population is vaccinated, but those rates vary from area to area and aren’t enough to reach herd immunity for measles.

“Measles is highly contagious. It’s the most contagious infection we know of,” Nolen said. “The data historically says that if you have 20 people in a room and somebody with measles comes in, 18 of those people are going to get measles.”

She said that since the outbreak started, the health department has given 30% more vaccines than they did last year at this time. She said most infections can be traced back to southwestern Utah and appear to be from in-state travel.

“It’s likely in Utah, many hundreds of Utahns who are vaccinated have been exposed to this virus, and they did not know it, and their bodies fought it off as it should,” Nolen said.

The second largest outbreak in Utah is in Utah County, with 10 confirmed cases.

Advertisement

The state is asking people to cooperate with the health department’s contact tracers if they call.

If you suspect measles in yourself or a loved one, they urge you not to go to a clinic waiting room but call ahead for the next steps to stop the spread.

_____



Source link

Advertisement
Continue Reading

Utah

Widow of slain Utah County sergeant testifies in favor of accomplice’s parole

Published

on

Widow of slain Utah County sergeant testifies in favor of accomplice’s parole


EAGLE MOUNTAIN, Utah — Nannette Wride-Zeeman says her late husband, Utah County Sheriff’s Sergeant Cory Wride, is still very much a part of her life nearly 12 years after he was ambushed and killed in Eagle Mountain.

On Tuesday, Wride-Zeeman did something that might surprise many people: She testified in favor of parole for Meagan Grunwald, the young woman who was an accomplice in her husband’s murder.

Wride’s killer lost his life in a shootout with police the same day as the ambush. But Grunwald, who was with the shooter, has been serving time for her role in the crime.

Before the parole hearing, Wride-Zeeman met Grunwald face to face on Monday for the first time since the tragedy.

Advertisement

“She was in the other room, hyperventilating and sobbing. And she was so afraid to come and meet me. And I can’t even tell you. The days and probably weeks of sleepless nights I had, being afraid to meet her, and what do I say, and how do I, how do I do this, and am I making a mistake, and like all these things that it felt in my heart, just this calm feeling like it was the right thing to do,” Wride-Zeeman said.

“She was so afraid that I was going to be angry with her, and those angry days have long passed,” she said.

When Grunwald entered the room, the emotion was overwhelming for both women.

“And she came walking in, she had her hands over her face, and she was still sobbing and she was shaking. And I just saw this little girl that was just terrified,” Wride-Zeeman said.

“And she’s sitting across from me, and she, her hands or her face are in her hands, and she’s just sobbing, and she keeps repeating, I’m so afraid, I’m so afraid. I’m so sorry, I’m so sorry, I’m so afraid, just back and forth. And when she got done, I said, Megan, you don’t have anything to be afraid of. I said, Look at me, and she looks up at me, and I see her blue eyes and all the tears,” she said.

Advertisement

What happened next was a moment of healing that lasted three hours.

“So I walked over to her, and I went like this to her, and she stood up, and we embraced for the first time, and she just sobbed and sobbed. And I just held her and I said, do not be afraid of me. We’re here to heal. And it opened up 3 hours of healing,” Wride-Zeeman said.

The widow says she has completely forgiven Grunwald and wants to be part of her life when she’s released.

“I said, you can’t live with me, but I want to be a part of your life when you get out, and I want us to stay in touch. I am your biggest cheerleader, and I want to see you find your happy like I did, because I never thought I’d be happy, and here I am happier than I’ve ever been in my life, and I want her to find that. And we talked about what her dreams are, what her passions are, how she wants to give back to the community, to people, across the board, including veterans and first responders,” Wride-Zeeman said.

Wride-Zeeman says 100 percent she has forgiven Grunwald and wants nothing but the brightest of futures for her.

Advertisement





Source link

Continue Reading

Utah

Utah Supreme Court considers defamation lawsuit over ‘Sound of Freedom’ movie

Published

on

Utah Supreme Court considers defamation lawsuit over ‘Sound of Freedom’ movie


SALT LAKE CITY — The state’s top court is considering whether to allow a defamation lawsuit to move forward over the movie “Sound of Freedom” and its portrayal of a villain in the movie.

On Wednesday, the Utah Supreme Court heard an appeal by Angel Studios, the filmmakers who created “Sound of Freedom” and Operation Underground Railroad founder Tim Ballard. They are being sued by Kely Suarez, who alleges the central villain character in the movie has defamed her and ruined her reputation.

Cherise Bacalski, Suarez’s attorney, said the character of “Katy Giselle” in the film is “a kingpin sex trafficker.”

“And she never was,” Bacalksi said of her client.

Advertisement

Before the Utah Supreme Court, Bacalski argued Suarez was a college student who was caught up in a raid that Ballard was involved with in Colombia.

A lower court allowed Suarez’s lawsuit to move toward trial. The studio and Ballard have appealed, arguing they are protected under a Utah law designed to safeguard speech and that the film is a docudrama that is “based on a true story.” The justices grilled lawyers for all sides about the level of involvement each party had and whether promotion of the film crossed any lines.

“Here it’s alleged the movie itself was defamatory and Angel Studios is the one who is putting out the movie,” Justice Paige Petersen said during Wednesday’s hearing.

Robert Gutierrez, an attorney for Angel Studios, insisted to the court that while the film may be based on Ballard’s experiences, there were disclaimers in the film.

“The Katy Giselle character was, in fact, a composite character in order to make it a subject matter the viewing public could actually watch,” he argued. “And fulfill the writer’s mission about the ugly truth of child trafficking.”

Advertisement

The justices questioned where the line is in a “docudrama” or when things are “based on a true story.”

“So under your definition is this a movie of and concerning Mr. Ballard? Or is that they happen to use the same name?” asked Justice John Nielsen.

Gutierrez replied it was a story “inspired by Tim Ballard.” Later in arguments, he noted that Suarez had actually been convicted of criminal charges in Colombia. That was something Bacalski said was not properly before the court and she argued against the veracity of it.

“We also believe the conviction is unreliable, coming from Colombia and really under suspicious circumstances,” she told FOX 13 News outside of court. “That conviction would not likely stand because of the constitutional protections we enjoy in the United States of America.”

Ballard’s attorney, Mark Eisenhut, argued that his client was not involved in the movie-making itself. Ballard was consulted as the film was being created.

Advertisement

“I do not believe there’s any evidence of him producing, writing, directing, anything of that nature,” Eisenhut argued.

The justices took the case under advisement with no timeline for a ruling. The movie, which starred Jim Caviezel as Ballard, went on to become a box office success in 2023.

“She’s very hopeful our justice system will do her justice,” Bacalski said of Suarez outside court.

Ballard faced a number of lawsuits and accusations of misconduct that led to ties being cut with Operation Underground Railroad, the anti-human trafficking organization he founded. He has denied wrongdoing and filed his own defamation lawsuit against some of his accusers.





Source link

Advertisement
Continue Reading

Trending