Aside from money, the State Board of Education and associations for school employees, boards, superintendents and business officials contend the bill is unconstitutional. The State Office of Education, for instance, cites a 2001 Utah Supreme Court ruling says the Legislature "cannot establish schools and programs that are not open to all the children of Utah or free from sectarian control, and it cannot establish public elementary and secondary schools that are not free of charge."

Dee Larsen of the Office of Legislative Research and General Counsel, however, says "there are arguments, and there are counter arguments."

One parent opposing the bill suggested ways it might improve: Give it to students in schools with low test scores, for example.

Rep. Carol Spackman Moss, D-Holladay, said she couldn't vote for a bill that doesn't make private schools as accountable as public schools in the form of testing, teacher licensing or required criminal background checks.

In the end, the committee voted 9-to-6 to forward the bill to the House for debate. "No" votes were: Reps. Jim Gowans, D-Tooele; Kory Holdaway, R-Taylorsville; Lou Shurtliff, D-Ogden; Brad Last, R-St. George; Mark Wheatley, D-Murray; and Moss.

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E-mail: jtcook@desnews.com