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.
YOU MAKE OUR WORK POSSIBLE.
LAS VEGAS (KSNV) — The man arrested for murder in the 2006 death of his wife at a Utah national park left behind a suicide note in his Las Vegas jail cell, according to a police report.
Las Vegas Metropolitan Police released a public report on the death of David Vander Meer, 49, who was in custody on an out-of-state warrant.
The Washington County District Attorney’s Office said in an affidavit that Vander Meer, a former youth pastor, was a suspect in the death of his then-wife, 28-year-old Bernadette Vander Meer, 20 years ago.
Bernadette fell to her death at Angels Landing in Zion National Park. Prosecutors said in their affidavit that they received new information implicating David, alleing that he began having a close relationship with a young girl when she was 14 and he was her youth pastor.
A fugitive task force took Vander Meer into custody in Summerlin, according to an arrest report, and he was booked into Clark County Detention Center on June 22.
In the report on his death, LVMPD said a corrections officer was conducting visual checks at about 9:30 p.m. June 24 when he noticed Vander Meer lying face down on the ground and unresponsive.
Several sections are redacted, but police wrote that the officer performed chest compressions until medical personnel arrived. Vander Meer was taken to UMC, where he was pronounced dead just after 2:36 a.m. June 25.
Investigators wrote that because of “the nature of his case,” Vander Meer was placed into protective custody. He was seen sitting upright and awake at 9 p.m., and he had no known medical conditions. He also did not mention being suicidal during a mental health screening.
Inside the cell, police wrote that Vander Meer “left a hand written suicide letter and a hand written will in his cell which has been photographed and impounded.” The following paragraph of the report was redacted, and no further details on Vander Meer’s death were disclosed.
The Clark County Coroner’s Office has not yet released its official rulings on his cause and manner of death.
Bernadette’s parents, Richard and Laura Gudenkauf, told News 3 they long suspected Vander Meer played a role in her death.
“Because of the girlfriend,” said Laura. “I found insurance policies months later that he had, lots of them.”
It has been a long time since the Jazz last played a meaningful game I desperately wanted them to win, and it is unhealthy how excited I am for this matchup. After a solid three games in the SLC Summer League, the Jazz head south to Las Vegas, and as hot as the desert sun is sure to be outside, on the court, the Thursday night primetime game featuring the top two picks in the draft will be much hotter.
How to Watch the Las Vegas Summer League?
Who: Utah Jazz vs Washington Wizards
When: Thursday, July 9, 2026 | 7:00 MT
Where: Thomas & Mack Center, Las Vegas, NV
How to watch: ESPN, Jazz+
Darryn Peterson and AJ Dybantsa
Summer league games do not matter in the record books, but this game is a statement-making opportunity for both AJ Dybantsa and Darryn Peterson. Given the historical nature of this draft class, especially at the top, there is some real juice to this game that is atypical of most Summer League games. AJ has the chance to silence the noise that has swelled after Darryn’s remarkable performances in the SLC Summer League. Meanwhile, Darryn has the chance to ratchet up the noise and take the NBA world by storm with another solid performance against the Wizards. Can you imagine the narratives if Darryn were to come out and dominate AJ as he has through high school and college? In the words of the great Charles Barkley, I have two words for you… Darryn Peterson, AJ Dybantsa, must-see TV.
Ace Bailey looked really impressive in his 2.5 quarters of play in Salt Lake before missing games with back spasms. It is unknown whether or not he will be ready to go for the Vegas opener, but if he is available, he will probably be the one checking AJ Dybantsa on defense. His combination of length and athleticism could not only make things difficult for AJ on the defensive end but also expose his lackadaisical defense on the offensive end. If Ace is able to go, he will be looking to show the Jazz and the NBA that he is ready to take a leap in year two.
Which Jazz Big Man Will Stand Out?
Which big man will step up this game? In Game 1, we saw a lot of Kylor Kelley, who was a little less than impressive. Against Memphis, Jaxon Kohler, the Utah native, showed up and showed out against Cam Boozer. In game three, although the number of NBA-level players was few and far between, Jonas Aidoo stole the show with his rebounding and ability to play his role. Will we see one of those same three guys seize their opportunity, or will another guy like Micah Handlogten or Eric Dixon steal the show? We saw how vital a big that can roll and catch passes is for Darryn Peterson as a lead guard, playmaking-wise. It will be interesting to see who steps up to the plate to relieve pressure when he is blitzed and double-teamed.
SIDE NOTE: Adam Silver is LAME
No one should ASPIRE to be as boring as Adam Silver. After much excitement was made about Keyonte George making his unofficial coaching debut on Thursday night, according to Sarah Todd, the league has nixed that excitement and won’t allow Keyonte to be coaching on the sideline because who knows why…? I guess they were worried about the Jazz circumventing the salary cap to pay Keyonte or something. Anyways, I guess Will Hardy’s coaching TREE will have to wait for more branches to grow. Adam Silver remains evil in my book.
SALT LAKE CITY, UT (Good Things Utah) – A Park City charitable foundation is challenging outdoor athletes to turn their miles into meals for hungry kids. Terrence Moorehead is the co-founder of the non-profit RipLine Foundation. He says the RipLine Foundation seeks to channel the energy of Utah’s outdoor athletes, adventurers, and enthusiasts into the fight against childhood hunger. RipLine’s mission: Fight Hunger Feed the Future. It’s delivered through three peer‑to‑peer leader challenges across the year that turn movement into meals for children in need. 100% of funds raised go directly to vetted giving partners, including No Kid Hungry, Feeding America, Feed the Children, and Vitamin Angels.
The challenge is to turn every mile walked, run, biked, or hiked, and every hole of golf played into meals for kids facing food insecurity. Terrence says ‘Outdoor athletes are the most generous, motivated, and passionate community in the state and we’re done pretending we can’t do something to help our kids. Every mile is a meal. Every climb is a meal. Every round of golf is a meal. If you’re already moving, you’re already qualified.’
He says this summer they have Miles in the Wild™ – walking, running, biking, and hiking – which currently runs through September, and Balls Out™ which is our summer golf challenge. They are encouraging athletes in their preferred sport to rally networks of family, friends, coworkers, and crews to sponsor their effort.
Terrence says ‘Childhood hunger is unacceptable in a country this abundant — and it’s an area where we can have a real and meaningful impact. What’s been missing is a model that scales — that turns individual effort into measurable, repeatable impact. RipLine is built to do exactly that. Every Leader brings a network. Every dollar reaches a child. The math works. The Foundation has committed to providing one million meals in 2026 alone — its first year of fundraising — with a 2030 target of four million meals and one million children nourished.’
To sign up go to riplinefoundation.org
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