SALT LAKE CITY — Attorneys for Utah Gov. Spencer Cox and Utah Attorney General Sean Reyes are seeking to dismiss a lawsuit brought against the state by the Utah Education Association.

The state's largest teachers union in May filed a lawsuit challenging the recently implemented Utah Fits All voucher program, which gives private schools $82.5 million in public funds.

"This lawsuit is necessary to ensure that public funds remain in public schools, where they can do the most good for all our students," the association said in a statement at the time of the filing.

The lawsuit — filed by the Utah Education Association, Kevin Labresh and Terra Cooper on behalf of their children, Amy Barton, and Carol Lear, an elected member of the Utah State Board of Education — alleges that the law violates Utah's constitutionally protected right to a free education by diverting income tax revenues "to fund private schools that are 1) not free, 2) not open to all students, and 3) not controlled and supervised by the State Board of Education," the lawsuit says.

But in the new court filings, lawyers for the state argue that funding for the voucher program pales in comparison to the funding for the public education system of just over $8.43 billion for the 2024-25 fiscal year.

"Accordingly, the Legislature has allocated funds for the UFA Scholarship Program amounting to less than 1% of the overall budget provided for the public education system. Nothing in the statute that creates the UFA Scholarship Program states or implies that funding for the program will be taken from funds that would otherwise be appropriated to fund the public education system," wrote assistant Utah attorney general Scott Ryther.

The state also argues that since the voucher program is not designated by the Legislature as a part of Utah's public education system, the Legislature did not place the program under the control of the Utah State Board of Education.

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Utah Education Association files lawsuit against school choice scholarship program

The Utah Education Association has filed a lawsuit challenging the Utah Fits All voucher program, which gives private schools $82.5 million in public funds.

"The UFA Scholarship Program stands as a separately funded program to support the needs of children who wish to opt out of the public education system," Ryther wrote. "While the State (School) Board has constitutionally assigned authority to direct Utah's public education system, there is nothing in the constitutional structure of Utah's public education system that requires the Legislature to place a separate program focused on nonpublic education alternatives under the control of the state board."

Supporters of the voucher program have long defended it, arguing that the program gives students a choice in education. The scholarships are currently being allocated to 10,000 Utah students, based first on financial need. ACE Scholarships administers the program and says more than 27,000 students have applied.

Additionally, the dismissal seeks to remove Lear as a plaintiff in the lawsuit, saying she lacks standing "to challenge the UFA Scholarship Program under any test recognized by Utah courts."

The full lawsuit can be found here.

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