School board wants 2 vetoes

The state Board of Education is asking Gov. Olene Walker to veto two bills, including one giving a private school voucher for students with disabilities.

The board Friday voted 11-3 to ask Walker to veto HB115, Carson Smith Special Needs Scholarships. Board members cited concerns including a lack of rural access to private schools, potential litigation and philosophical matters.

"It's called a scholarship, but to me it's a tuition tax credit, and I have concerns on what that's going to do and how it will affect other students," board member Teresa Theurer said.

But John Pingree, family namesake of the Carmen B. Pingree School for Children with Autism, disagreed.

"I'm in a little bit of a difficult position," Pingree said. "I'm concerned about the voucher issue, but the Legislature did appropriate the money" for the program, and auditors will examine it after two years.

Five-year-old Carson Smith, the bill's namesake, attends the Pingree school.

HB115 offers a government voucher worth up to $5,400, based on the severity of the disability, for students with disabilities to attend a private school.

The bill, sponsored by Reps. Morgan Philpot, R-Sandy, and Merlynn Newbold, R-South Jordan, received $1.5 million — $100,000 of which will go to the state school board for administration. The legislative fiscal analyst's office estimates 500 students will participate.

The bill is aimed at helping parents choose for their child the education that best meets their needs, which can be so expensive parents are taking out second mortgages on their homes.

As board member Tim Beagley put it: "The (public) system has worked well for some but not others."

But some advocates for people with disabilities and public education officials fear the bill could invite lawsuits.

The federal Individuals with Disabilities Education Act requires children to receive a free and appropriate public education. Because the state school board is involved in the voucher program, parents could sue the board if the private school does not provide the appropriate education, said Carol Lear, director of school law and legislation for the State Office of Education.

The state board also voted unanimously to seek a veto on HB231, which board members likened to micromanagement. The bill requires the State Office of Education and other state agencies get governor or legislative approval when going after federal funds.

The bill was spawned by MATRIX, a database of private and public information about Utahns intended for crime fighting purposes, but which legislators say the state got involved in without their knowledge.

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