Allen said her motivation in requesting the order stems from the fact that she allowed HB174 to pass, thinking it was an amendment.

"I certainly failed as a legislator, thinking that was meant to be an amendment. The consideration that it would be a stand-alone bill never even entered my mind," said Allen, who led opposition to the voucher proposal in the Legislature. "This has become confusing, and I think the voters, no matter how they feel, deserve clarity, and hopefully this will expedite that."

But voucher supporters say that if state board members issue the order they are breaking the law

"If they don't (implement HB174) they are breaking the law and doing a disservice to children — they are showing that they are about safeguarding the system above moms and dads, above kids and above the law," said Leah Barker, spokeswoman for Parents for Choice in Education and Children First Utah.

Also on Tuesday, state board members will discuss the response of Utah Attorney General Mark Shurtleff to nearly two dozen legal questions regarding the implementation of HB174.

That letter basically boiled down to one instruction: Implement a voucher program.

That would be the third time the AG's office has issued an opinion stating that HB174 would hold the voucher law intact.

But state board leaders say they aren't seeking directives, only opinions.

"I don't think one elected person can tell a group of other elected people what to do," said Kim Burningham, state school board chairman. "The public are the people to whom we are accountable."

The original voucher law, HB148, would provide families with private-school tuition vouchers ranging from $500 to $3,000 per year, scaled to income.

But voucher opponents filed for a referendum, gathering more than enough signatures to put the issue of a voucher program on the ballot in November. Polls — including a new survey for the Deseret Morning News and KSL-TV — have showed a narrow majority of Utahns oppose vouchers.

All sides agree the matter will probably have to be settled in court.

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E-mail: terickson@desnews.com