For 93 years, the Utah School Boards Association has helped the state’s school districts with training, education and “policy consultation” — outside the view of the public.
That may soon change, after a judge ruled that USBA should obey the state’s open-records laws, because the nonprofit gets much of its money from membership fees paid by local school boards — money that comes from taxpayers.
How much money? That’s a bit murky, since USBA has not been required to disclose its finances until now. But John Gadd — a retired lawyer who sued to require USBA to comply with the state’s Government Records Access and Management Act, or GRAMA — estimates that Utah’s 41 school districts have paid roughly $174 million to USBA over the last 10 years.
Gadd made his estimates based on available data from Transparent Utah, he told The Salt Lake Tribune. He submitted those estimates as evidence in the lawsuit, but they were classified as private pending the judge’s ruling, he said.
“The public should have a right to see how they’re spending those taxpayer dollars that come from local school districts,” Gadd said.
Utah 3rd District Judge Keith Kelly ruled on June 5 that USBA acts as an “agency” of local school boards, which are comprised of elected officials, and collects membership dues from school districts — which are dollars backed by taxpayers.
“USBA undisputedly carries out the government’s business,” Kelly wrote in his ruling. “USBA is made up of elected officials, local school board members, who act within the organization to promote the educational interests of local school districts and to benefit public school students in Utah.”
The USBA did not respond to multiple requests for comment from The Tribune about the ruling and whether it plans to appeal.
Gadd had requested records from USBA, and the nonprofit denied the request in early March 2024, arguing it wasn’t subject to GRAMA. An appeal to the State Records Committee was also rejected, with the panel saying it lacked jurisdiction because USBA is not a governmental entity, according to the ruling.
Gadd then filed his lawsuit, arguing USBA was a governmental entity because it collects millions from public schools, among other qualifiers, and is therefore subject to state and federal public records laws.
According to its website, USBA supports local school boards by providing training, education and “policy consultation” among other services. The majority of money it receives comes through membership dues, according to the ruling, which are paid by local school boards to access its resources.
Gadd’s complaint also named as defendants USBA’s two sister organizations: The Utah School Superintendents Association (USSA) and the Utah Association of School Business Officials (UASBO). The judge has yet to decide if they, too, are subject to open records laws. Both organizations also collect membership dues from school districts.
The USBA and USSA are also heavily involved in legislative advocacy through their Joint Legislative Committee, which meets every Friday during the legislative session and other times during the year, according to USBA’s website.
Gadd argued it is difficult to tell “where the Utah School Board Association ends and where the Utah State Superintendents Association begins.”
“They all work together,” Gadd said. “They’re all in bed together.”
While the USBA still has time to appeal the ruling, which would delay the release of its records, Gadd said he is eager to see what they might reveal.
“The fact that they’ve received potentially hundreds of millions of dollars over the course of 93 years, without any accountability whatsoever on how they’re spending that money, makes me think that I might find some interesting things,” Gadd said.