A Utah judge voided a proposed constitutional amendment on the Nov. 5 statewide ballot that raised concerns about future state funding for K-12 public schools.
If passed by voters, Amendment A would have provided more flexibility for Utah’s budget by
Utah State Courts
Third Judicial District Court Judge Laura Scott based the ruling earlier this month on a September Utah Supreme Court decision that voided another proposed amendment on the ballot for failing to comply with a constitutional requirement to be published in local newspapers prior to the election.
The Utah Education Association and others, who had been challenging the constitutionality of Utah’s $8,000-per-student voucher program in court, filed a supplemental complaint in September targeting Amendment A, which was placed on the ballot by the Republican-controlled legislature during the 2023 session.
A campaign by Utahns for Student Success against the measure called it “a power grab” by state lawmakers aiming to divert tax revenue to the Utah Fits All Scholarship Program, according to a statement the teachers union posted on the X platform.
It added the court ruling “underscores the need to protect public education and ensure voters receive timely, honest, and accurate information when making critical decisions for our children’s future.”
Utah’s constitutional provision allocating income tax revenue and intangible property tax collections to K-12 public schools dates from 1931, when 75% of the money was earmarked for public education. In 1947, the earmark was raised to 100%. Higher education was added in 1997, followed by services for the disabled in 2021.
While Amendment A will still appear on ballots, the judge ordered that any votes on the measure will not count.
Voters will still be able to weigh in on Amendment B, which would boost annual land trust distributions public schools receive from Utah’s $3.3 billion Permanent State School Fund to 5% from 4%, which amounted to $106 million for the 2024-25 school year, according