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Posted: 9:01 AM- A pro-voucher group will announce legal action this afternoon regarding the two voucher laws on Utah's books. Parents for Choice in Education has scheduled a press conference for 1:45 p.m. today in the lobby of Salt Lake City's Matheson Court House.
The group lobbied heavily for school voucher legislation that passed the Utah House by a single vote in February. Opponents of the law, which appropriates $9.2 million from the state's general fund for private school tuition assistance, launched a successful petition drive to shelve the law pending a public vote in November.
But amendments to the law, passed weeks later to bolster oversight of the program, ended up re-enacting entire sections. Because the second bill passed with a super-majority, it isn't subject to a referendum effort and remains on the books.
Supporters and opponents of schools vouchers disagree about whether the second law, which is virtually identical to the first but lacks several sections, can stand on its own. Attorney General Mark Shurtleff's office issued an opinion saying it could, and has urged the Utah State Board of Education to begin implementing a voucher program based on the remaining law.
But board staff and attorneys say the second law has too many holes to implement responsibly and are seeking further legal advice from the Attorney General. Shurtleff and Board Chairman Kim Burningham are expected to meet with Gov. Jon Huntsman Jr. on Friday to seek clarity on the issue. They want him to call for a special legislative session and urge lawmakers to shelve the second law until after the vote.
But legislative leaders don't seem to want the political hot potato.
"I believe it may be appropriate for the courts to sort out what the next step is rather than the Legislature intervening," Senate Majority Leader Curt Bramble said Tuesday.
The legal action announced later today could help speed that process.
Huntsman said Thursday that he will not call for a special session. At his weekly KUED news conference, he said he's drafted a letter vowing to respect the outcome of the referendum and not push the second law if Utahns vote to repeal the first one. He said he, House Speaker Greg Curtis and Senate President John Valentine would sign the letter in the next few days.