State Board: No voucher law for now

The State Board of Education won't implement a universal voucher program in Utah, refusing to recognize a second voucher bill as law.

The order issued today came after a lengthy closed meeting with Utah Attorney General Mark Shurtleff, who has been counseling the board against a refusal to implement HB174 and had previously directed the board to establish a program.

"I am not convinced there is a clear pathway ... but in my opinion what we have sought to do is establish a more clear path way as directly and expeditiously as we can," said Kim Burningham, board chairman.

Lawyers say that an appeal on the board's decision, which is expected from voucher supporters, will most likely be to the Utah Supreme Court.

Last week Rep. Sheryl Allen, R-Bountiful, filed a 48-page petition asking the board to issue an order saying they will not implement a voucher program based on the fragmented amendment, HB174, that was originally crafted to improve the original law, which is subject to a repeal vote in November's election.

Attorney Alan Smith, representing Allen, told board members that legislative intent was clear, both in the language of the bill and floor debates during the session, that HB174 was an amendment, nothing more.

"If you follow the words written there is no mistake — it clearly tells us that it is intended as an amendment," Smith said. "The amendment is not the primary legislation, it is a branch and branches do not stand alone when apart from the tree."

Some lawmakers also told the board that there was never any indication that the amendment bill could stand on its own — if there was they wouldn't have voted for it.

"We were ensured it was cleanup legislation — there was confusion among senators and representatives," said Rep. Rosalind McGee, D-Salt Lake. "HB174 is a muddle policy fragment— please don't make state policy based on muddled policy."

But Shurtleff stuck to his guns on the matter saying the decision is a violation of the law.

"My duty to my client is to tell them to obey the law ... sometimes what we say our client doesn't want to hear," Shurtleff said.

Voucher proponents have 30 days to appeal to the Utah Court of Appeals. That court could send then the issue directly to the state Supreme Court for a ruling on whether HB174 can stand alone and establish the voucher program.

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