Hanging out at parks, making statements at school board meetings and collecting more than a hundred thousand signatures was not done in vain.

School voucher opponents gathered 124,218 valid signatures calling for a referendum on HB 148, also known as the Parent Choice in Education Act, said Lt. Gov. Gary Herbert on Monday.

The signature drive, led by Utahns for Public Schools, needed 91,996 signatures -- 10 percent of the voters in Utah's last gubernatorial election -- to put the measure before voters. A public vote could come as soon as February.

"They had an unrivaled and impressive showing," said Joe Demma, Herbert's spokesman. "It was a very successful campaign. It's been 33 years since a referendum has made it this far."

Though they'll get a vote, the referendum may not accomplish what voucher opponents are seeking. Legislators actually approved two voucher bills this year, and the second one for the most part replaced the first -- and it passed with enough support to be immune from a petition challenge.

The second act went into effect at midnight on Monday.

The Utah Legislature passed the program earlier this year, and if it takes effect it would offer families $500 to $3,000 per student to pay for private school tuition. It would also provide $9.2 million to offset any financial loss a public school district may experience for five years after a student leaves.

With about 96 percent of children in the state attending public schools, Utah is a public school state, Karen Hale, spokeswoman for Utahns for Public Schools, told The Associated Press.

Hale told The Associated Press that while she was gathering petitions she talked with parents of children in both public and private schools opposed to using state money for private school tuition, and hopes that spectrum of support will be evident when voters go to the polls.

Utah Attorney General Mark Shurtleff and voucher supporters, largely headed by Parents for Choice in Education, believe the second bill, HB 174, can stand on its own.

"I'm still optimistic about the outcome," said Leah Barker, the executive director of Children First Utah. "We are still hoping to have a voucher program in the fall."

Nearly 5,000 people have expressed interest in vouchers, and this opportunity could be a lifeline to thousands of children and families looking for an alternative to public schools, Barker said.

"I think it's worth trying and giving families the option they need," she said.

Children First Utah is a children's scholarship fund for low-income families and a pro-voucher group.

The Utah State Board of Education must now decide whether or not to implement the second piece of legislation at its monthly meeting on Thursday. Mark Peterson, a spokesman for the state Office of Education, said the board is preparing for a lawsuit either way.

The Office of Legislative Research and General Counsel also has 15 days to write the ballot language for the referendum, Demma said.

Gov. Jon Huntsman Jr. has said that he would set a date for a vote on the issue after Herbert's certification of the signatures.

He has been looking at Feb. 5, the same day Utah voters are scheduled to vote in presidential primaries, but has not made any firm decision, said Huntsman spokeswoman Lisa Roskelley.

The last petition in the state's history to collect enough signatures to qualify for the referendum concerned land use taxes in 1974, Demma said.

Brooke Barker is available at 344-2559 or This e-mail address is being protected from spam bots, you need JavaScript enabled to view it