Herbert to apply for federal education funding; special session anticipated

SALT LAKE CITY — The money is coming whether they like it or not, and many of them don't.

But some control is probably going to be better than no control over $101 million that could be on its way to Utah, legislators say.

Gov. Gary Herbert plans to apply for the money, which comes from a federal law enacted Aug. 10 that provides funding for Medicaid and education salaries. He told legislative leaders Wednesday that, although he is unhappy with the federal government's tactics and method of delivery, he will apply for federal funding because it will benefit public education in Utah.

"It would be foolish for the state of Utah not to accept this funding, which will directly benefit Utah's schoolchildren," Herbert said. "While I have serious concerns with the way these funds are being directed to the states, this is money that Utahns will be required to repay well into the future. Utah deserves to benefit from that obligation."

The theory behind the law is that teachers' jobs could be saved for another year in hopes of an economic recovery that would allow them to keep those jobs when the money runs out.

Utah Republican legislators are upset with the plan because it doesn't let states decide the best way to spend it.

On Wednesday, House and Senate Republicans gave a cautious approval for their leaders to urge Herbert to apply for the funding. Herbert has until Sept. 9 to apply for $101 million designated as Utah's portion of the $10 billion in the law set aside for education.

If he doesn't apply, U.S. Secretary of Education Arne Duncan would decide which education entities in Utah to send the money to.

Republican legislative leaders heard some rigorous debate from their caucus members Wednesday in anticipation of a meeting with Herbert to look at how Utah should move forward.

Congress, with the law, has circumvented the Utah Legislature — the appropriators of the state — and the governor, said House Speaker Dave Clark, R-Santa Clara.

House Republicans had a majority but didn't formalize a caucus position — 38 solid votes — on moving forward.

But they nearly formalized a caucus position on asking the Utah Attorney General's Office and legislative attorneys to understand how to "turn the shop around" so Utah can maintain its rights, Clark said.