Even if Utah accepts federal money, schools may only see half of it

SALT LAKE CITY — Utah's chances of rejecting $101 million in federal stimulus funds are "about as close to zero as one can get," Attorney General Mark Shurtleff's office told lawmakers Thursday.

But even if the funds are accepted, legislative leaders are warning that school districts may only end up with half of Utah's share set aside to pay teachers, thanks to a $50 million budget shortfall.

House Republicans asked for a legal opinion last month from the Attorney General's Office whether the state's share of the Education Jobs Fund money could be turned down. Conservative lawmakers have said they want to stop the cash from coming because they believe Congress has usurped their authority to make budget decisions for the state.

The fund, signed into law Aug. 10 by President Barack Obama, provides $10 billion in education funding to the states to fund jobs for educators. The new law states that even if the money is not accepted by a state Legislature, it will be awarded directly to schools.

The attorney general's office opinion stated courts generally defer to Congress if a spending program advances the "general welfare."

The opinion concluded, "the chance of a court finding that H.R. 1586 is a violation of the 10th Amendment to be about as close to zero as one can get."

One of the opponents of accepting the stimulus funds, Rep. Carl Wimmer, R-Herriman, said he wasn't surprised by the opinion, and a similar one issued Tuesday by the Office of Legislative Research and General Counsel.

"I think that obviously we knew it would be a long shot," Wimmer said. "I don't think enough information has been given to citizens for how dangerous and unprecedented this is. It takes away locally elected representatives' authority, it commandeers the state's Legislature, and it nullifies their power and bypasses them by Congress' authority."

Even before the opinions became public, legislative leaders were already talking about accepting the money so they can have a say in how it is spent. Gov. Gary Herbert has said he will apply for the funds before the Sept. 9 deadline and is expected to call lawmakers into special session this fall.

A letter from House Speaker Dave Clark, R-Santa Clara, and Senate President Michael Waddoups, R-Taylorsville, sent to each of Utah's school districts spells out the $50 million shortfall the state is facing in the current budget year that began July 1 could mean a cut in state funds for education.

At the same time, the districts are being asked to detail for lawmakers exactly how they would spend their share of the stimulus funds allocated to the state.