Board of Education split on HB7

Split votes within State Board of Education prevented the board from taking a stand on a bill to repeal undocumented students' ability to pay in-state tuition.

Some felt HB7, sponsored by Rep. Glenn Donnelson, R-North Ogden, was a good bill.

The current law "takes resources away from the . . . citizens of this country, those that are legally here," said board member Bill Colbert.

But David Doty, Utah System of Higher Education assistant commissioner over policy, said Utah is one of seven states with such a law in place, which he believes portrays the state as progressive and compassionate. He said the Utah Board of Regents wants to continue the educational opportunity.

So does Kim Langton, CEO of Centro de la Familia.

"You folks have supported these kids. . . . They've come with a lot of constraints to overcome," Langton told the board. "These are the kids who have surmounted those constraints. . . . They want to give back to this country as much as they have gained." Students eligible for the in-state tuition already have benefited from free public education and must have attended a Utah high school three years to qualify.

A board motion to oppose the bill failed to garner the eight votes the 15-member body needs for passage. So did another motion to support the bill. So, the board voted to table the bill, though it could resurface for later discussion.

The discussion took place at a State Board of Education meeting Friday, called so the board could take positions on bills affecting education.

The Utah School Boards Association and the Utah Superintendents Association have not taken positions on the bill because it pertains to colleges and universities, which are out of their purview, Davis Superintendent Bryan Bowles said.

A big reason why lawmakers in the House Education Committee recently voted to move HB7 to the full House was the threat of a lawsuit.

Kris Kobach, lead attorney in a federal suit over a similar law in Kansas and an attorney in a state suit in California, testified before the committee. The Kansas lawsuit was dismissed on the basis of standing, and the dismissal is under appeal.

During Thursday's Senate GOP Caucus meeting, Senate President John Valentine, R-Orem, asked Marco Diaz, chairman of the Utah Republican Hispanic Assembly about the risk.

"The risk that we run on (the tuition law) is very high if we lose," he said.

Like members of the House Education Committee, Valentine stressed his frustration at a lack of federal action.

"Obviously, this has got to be a federal solution," he said. "From a state policy level, we are very frustrated."

Diaz pointed to Assistant Attorney General Bill Evans' opinion that Utah's tuition law is not in violation of federal immigration law. He added that attorneys with the American Immigration Lawyers Association are crafting their own legal arguments. He said a ruling in the Kansas case, and federal immigration reform are likely this year.

"Is there a risk? There could be," Diaz said. "We should hold and let Congress or the courts decide."

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