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Posted: 4:02 PM- The Utah State Board of Education decided during an emergency meeting today not to implement Utah's remaining voucher law.
The board met to consider legal advice from Utah Attorney General Mark Shurtleff and a request for an emergency order saying it can't implement Utah's school voucher law, which has turned into a legal minefield. After an hour-long, closed-door session with Shurtleff and another two hours of closed-door debate, the board voted 10 to 4 to issue the order requested by three lawmakers and others.
"This to me is the way to get it before a court and get it heard by somebody who can make a decision so we can go forward," said board member Denis Morrill of Taylorsville. "Everybody ought to be cheering who wants this decided once and for all."
The board's decision came against Shurtleff's advice to the open board. As the board's official legal counsel, Shurtleff's office has urged it to start a voucher program based on a second law that was drafted to amend the original voucher act but accidentally re-enacted entire sections and completely omitted others.
Widespread debate centers on whether that law, known by its bill title HB174, could stand alone if the public repeals the original voucher act in a Nov. 6 referendum vote. Shurtleff's office opined that it could, but voucher opponents want a court to decide.
Tuesday's decision was a way to speed the route to Utah's Supreme Court. Anyone who disagrees with the board's decision has 30 days to appeal it in the Utah Court of Appeals, just one step below the state's highest court. The appeals court could opt to send the case directly to the Supreme Court, which already has voucher matters before it.
Voucher supporters, including the legislative sponsors of the original law, have asked the court to review the referendum ballot title because it doesn't address the second law. The group behind the referendum drive also is expected to challenge the ballot language this week. But voucher supporters have demanded the state school board offer vouchers in the meantime based on the remaining law.
"The board thinks it's above the law," said Leah Barker, a spokeswoman for Parents for Choice in Education, a political action committee that lobbied heavily for vouchers.