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

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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. 

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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.” 

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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. 

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“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. 

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“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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Utahns first or eroding the Utah way? House OKs measure cracking down on illegal immigration

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Utahns first or eroding the Utah way? House OKs measure cracking down on illegal immigration


SALT LAKE CITY — A controversial Utah proposal to crack down on the presence of immigrants in the country illegally that had seemed stalled gained new life Friday, passing muster in new form in a relatively narrow vote.

In a 39-33 vote, the Utah House approved HB386 — amended with portions of HB88, which stalled in the House on Monday — and the revamped measure now goes to the Utah Senate for consideration.

The reworked version of HB386, originally meant just to repeal outdated immigration legislation, now also contains provisions prohibiting immigrants in the country illegally from being able to tap into in-state university tuition, certain home loan programs and certain professional licensing.

The new HB386 isn’t as far-reaching as HB88, which also would have prohibited immigrants in the country illegally from being able to access certain public benefits like food at food pantries, immunizations for communicable diseases and emergency housing.

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Moreover, Rep. Trevor Lee, R-Layton and the HB88 sponsor, stressed that the new provisions in HB386 wouldn’t impact immigrants in the country legally. He touted HB88 as a means of making sure taxpayer money isn’t funneled to programming that immigrants in the country illegally can tap.

Rep. Lisa Shepherd, R-Provo, the HB386 sponsor, sounded a similar message, referencing, with chagrin, the provision allowing certain students in the country illegally to access lower in-state tuition rates at Utah’s public universities. Because of such provisions “we’re taking care of other countries’ children first, and I want to take care of Utahns first. In my campaign I ran and said Utahns first and this bill will put Utahns first,” she said.


If we stop young folks who have lived here much of their life from going to school and getting an education, it is really clear to me that we have hurt that person. It’s not clear to me at all that we have benefitted the rest of us.

–Rep. Ray Ward, R-Bountiful


The relatively narrow 39-33 vote, atypical in the GOP-dominated Utah Legislature, followed several other narrow, hotly contested procedural votes to formally amend HB386. Foes, including both Democrats and Republicans, took particular umbrage with provisions prohibiting immigrants in the country illegally from being able to pay in-state tuition and access certain scholarships.

As is, students in the country illegally who have attended high school for at least three years in Utah and meet other guidelines may pay lower in-state tuition, but if they have to pay out-of-state tuition instead, they could no longer afford to go to college.

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“If we stop young folks who have lived here much of their life from going to school and getting an education, it is really clear to me that we have hurt that person. It’s not clear to me at all that we have benefitted the rest of us,” said Rep. Ray Ward, R-Bountiful.

Rep. Hoang Nguyen, D-Salt Lake City, noted her own hardscrabble upbringing as an immigrant from Vietnam and said the changes outlined in the reworked version of HB386 run counter to what she believes Utah stands for.

“I fear that what we’re doing here in Utah is we are eroding what truly makes Utah special, the Utah way. We are starting to adopt policies that are regressive and don’t take care of people. Utahns are one thing. Citizens are one thing. People is the first thing,” she said.

Rep. John Arthur, D-Cottonwood Heights, said the measure sends a negative message to the immigrant students impacted.

“If we pass this bill today, colleagues, we will be telling these young people — again, who have graduated from our high schools, these kids who have gone to at least three years of school here — that you’re no longer a Utahn,” he said.

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If we are compassionate to those who come the legal way and we are compassionate to those who already live here, that does not mean that we lack compassion for others in other ways.

–Rep. Kristen Chevrier, R-Highland


Rep. Kristen Chevrier, R-Highland, said the debate underscores a “fallacy” about compassion. She backed the reworked version of HB386, saying Utah resources should be first spend on those in the country legally.

“If we are compassionate to those who come the legal way and we are compassionate to those who already live here, that does not mean that we lack compassion for others in other ways,” she said.

The original version of HB386 calls for repeal of immigration laws on the books that are outdated because other triggering requirements have not been met or they run counter to federal law.

The Key Takeaways for this article were generated with the assistance of large language models and reviewed by our editorial team. The article, itself, is solely human-written.

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Utah man dies of injuries sustained in avalanche in Big Cottonwood Canyon

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Utah man dies of injuries sustained in avalanche in Big Cottonwood Canyon


A man died after he was caught in an avalanche in Big Cottonwood Canyon over the weekend.

A spokesperson for the Salt Lake County Sheriff’s Office confirmed on Thursday that Kevin Williams, 57, had died.

He, along with one other person, was hospitalized in critical condition after Saturday’s avalanche in the backcountry.

MORE | Big Cottonwood Canyon Avalanche

In an interview with 2News earlier this week, one of Williams’ close friends, Nate Burbidge, described him as a loving family man.

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“Kevin’s an amazing guy. He’s always serving, looking for ways that he can connect with others,” Burbidge said.

A GoFundMe was set up to help support Williams’ family.

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911 recordings detail hours leading up to discovery of Utah girl, mother dead in Las Vegas

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911 recordings detail hours leading up to discovery of Utah girl, mother dead in Las Vegas


CONTENT WARNING: This report discusses suicide and includes descriptions of audio from 911 calls that some viewers may find disturbing.

LAS VEGAS — Exclusively obtained 911 recordings detail the hours leading up to the discovery of an 11-year-old Utah girl and her mother dead inside a Las Vegas hotel room in an apparent murder-suicide.

Addi Smith and her mother, Tawnia McGeehan, lived in West Jordan and had traveled to Nevada for the JAMZ cheerleading competition.

The calls show a growing sense of urgency from family members and coaches, and several hours passing before relatives learned what happened.

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Below is a timeline of the key moments, according to dispatch records. All times are Pacific Time.

10:33 a.m. — Call 1

After Addi and her mother failed to appear at the cheerleading competition, Addi’s father and stepmother called dispatch for a welfare check.

Addi and her mother were staying at the Rio hotel. The father told dispatch that hotel security had already attempted contact.

“Security went up and knocked on the door. There’s no answer or response it doesn’t look like they checked out or anything…”

11:18 a.m. and 11:27 a.m. — Calls 2 and 3

As concern grew, Addi’s coach contacted the police two times within minutes.

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“We think the child possibly is in imminent danger…”

11:26 a.m. — Call 4

Addi’s stepmother placed another call to dispatch, expressing escalating concern.

“We are extremely concerned we believe that something might have seriously happened.”

She said that Tawnia’s car was still at the hotel.

Police indicated officers were on the way.

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2:26 p.m. — Call 5

Nearly three hours after the initial welfare check request, fire personnel were en route to the scene. It appeared they had been in contact with hotel security.

Fire told police that they were responding to a possible suicide.

“They found a note on the door.”

2:35 p.m. — Call 6

Emergency medical personnel at the scene told police they had located two victims.

“It’s going to be gunshot wound to the head for both patients with notes”

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A dispatcher responded:

“Oh my goodness that’s not okay.”

2:36 p.m. — Call 7

Moments later, fire personnel relayed their assessment to law enforcement:

“It’s going to be a murder suicide, a juvenile and a mother.”

2:39 p.m. — Call 8

Unaware of what had been discovered, Addi’s father called dispatch again.

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“I’m trying to file a missing persons report for my daughter.”

He repeats the details he knows for the second time.

3:13 p.m. — Call 9

Father and stepmother call again seeking information and continue to press for answers.

“We just need some information. There was a room check done around 3:00 we really don’t know where to start with all of this Can we have them call us back immediately?”

Dispatch responded:

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“As soon as there’s a free officer, we’ll have them reach out to you.”

4:05 p.m. — Call 10

More than an hour later, Addi’s father was put in contact with the police on the scene. He pleaded for immediate action.

“I need someone there I need someone there looking in that room”

The officer confirmed that they had officers currently in the room.

Addi’s father asks again what they found, if Addi and her mother are there, and if their things were missing.

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The officer, who was not on scene, said he had received limited information.

5:23 p.m. — Call 11

Nearly seven hours after the first welfare check request, Addi’s grandmother contacted police, describing conflicting information circulating within the family.

“Some people are telling us that they were able to get in, and they were not in the hotel room, and other people saying they were not able to get in the hotel room, and we need to know”

She repeated the details of the case. Dispatch said officers will call her back once they have more information.

Around 8:00 p.m. — Press Conference

Later that evening, Las Vegas Metropolitan Police held a news conference confirming that Addi and her mother, Tawnia McGeehan, were found dead inside the hotel room.

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The investigation remains ongoing.

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