High marks: Why is a conservative policy group awarding Utah's K-12 school system an 'A-?'

SALT LAKE CITY — A conservative policy group promoting "limited government, free markets and federalism" is awarding Utah an "A-" for its policies regarding "parental choice" and "universal education freedom."

The American Legislative Exchange Council's 2026 Index of State Education Freedom also ranked the Beehive State in the country's Top 7 for its homeschooling policies — and a No. 6 national ranking for Utah's open enrollment practices, highlighting the state's "commitment to providing families with flexible, high-quality learning options."

"Utah serves as a strong example of balanced education freedom," said Andrew Handel, director of the council's education and development task force, in a news release. "With excellent homeschooling and open enrollment policies, the state demonstrates that offering multiple pathways is essential to helping every student thrive."

The American Legislative Exchange Council is a nonprofit conservative policy group that connects state lawmakers across the country to examine legislation. Its reported membership includes more than 2,000 state legislators.

The group's recent K-12 education index — which was released in conjunction with last week's National School Choice Week — evaluates how well each U.S. state offers families broad educational options across five categories: student-centered funding, charter schools, homeschooling, virtual schools and open enrollment.

"Our goal is not only to make parents and policymakers aware of the education freedom environment in their state, but to also highlight what changes they can implement to make more learning options available to families," the report noted in the index introduction.

For the third consecutive year, Florida earned the top spot in the council's education freedom overall rankings. Utah's overall No. 7 ranking is a notch higher than its 2025 rank. The eight other states in the Top 10 included — in descending order — Arizona, Arkansas, Iowa, West Virginia, Indiana, Oklahoma, Texas and Idaho.

Five states received "F's" in the report: Connecticut, Maryland, Kentucky, New York and Nebraska.

Utah's ALEC report card: 'A's,' 'B's' and a 'C'

While receiving an overall "A-" grade in the ALEC report, Utah's specific grades are fairly wide-ranging.

• In the "Student-Centered Funding Programs" category, Utah was given its lowest mark on the "report card" — a "C."

The Utah Fits All Scholarship Program is a universal Education Savings Account that any student in the state can apply to use, the report noted.

"However, the program is subject to legislative appropriations, which limit how many students can actually use the program. Policymakers can improve the Utah Fits All Scholarship by tying funding directly to the state education formula and ensuring that every student wishing to participate is able to."

• Utah received a "B" in the "Charter Schools" category.

According to the council's report, the state can improve by ensuring that charter schools are exempt "from all laws and regulations" that apply to traditional public schools, excluding reasonable exceptions like those related to health and safety.

"Under current law, charter applicants must negotiate these exemptions with the state. This limits their autonomy and ability to innovate," the report said.

• In the "Homeschooling" category, the group awarded Utah an "A."

"States earn an 'A' when parents are not required to notify their school district that they are homeschooling," the report noted. "In addition, regulations that can impede the homeschooling experience — like testing and academic requirements — are not present."

The report noted in its "Homeschooling" scoring summary that Utah does not require annual notification, minimum qualifications or credentials for homeschool teachers, state-mandated subjects for homeschooled students — or that homeschooled students be subject to state-mandated standardized assessments.

• For "Virtual Schools," the Beehive State earned a "B."

The ALEC report suggested that Utah create a central repository of virtual courses that school districts can elect to offer their students.

• Finally, Utah earned an "A" for "Open Enrollment."

The report measured "Open Enrollment" by examining whether a state's policies allow students to attend a traditional public school outside of their designated attendance zone — both inside and outside districts.

"The best open enrollment policies permit both inter- and intradistrict open enrollment while mandating that school districts participate in these programs — subject only to reasonable limitations like classroom space," according to the report.

In court: The future of Utah's school voucher program

Several of the categories measured in the report continue to prompt local debate. Utahns, for example, have expressed mixed responses to almost any issue regarding school choice.

The Utah Fits All Scholarship Program, which received middling approval from the council, has been ruled unconstitutional by a Utah judge.

In 2023, the state was sued by the Utah Education Association and several individual plaintiffs after the school voucher program was enacted.

Last year, 3rd District Judge Laura Scott said that because the Utah Fits All Scholarship Program is created by the Legislature and a publicly funded educational program, it must satisfy the constitutional requirements applicable to the "public education system" set forth in the Utah Constitution.

Earlier this month, Utah Attorney General Derek Brown announced his office had filed a brief with the Utah State Supreme Court arguing that the Utah Fits All Scholarship Program is constitutional.

Brown argues that the Utah Constitution permits the Legislature to both maintain a system of public education — and to create additional educational options through statute.

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