Voucher showdown: Next stop: State board

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SALT LAKE CITY -- Opponents of private-school vouchers turned in enough signatures to force a statewide referendum and suspend the law, but that still doesn't settle the issue.

The state school board meets today to determine whether a second voucher law is enough to start the program. Whether yes or no, the board's decision likely will be challenged in court.

"And in my opinion it's probably exactly what should happen," said Kim Burningham, chairman of the Utah State Board of Education and a voucher opponent.

"Ultimately, no matter what the board does the courts are going to have give us a ruling," he said.

Lawmakers approved the nation's broadest voucher program, giving parents $500 to $3,000 per child to attend a private school. It was opposed by nearly every educational organization in the state -- including the state school board.

Critics collected enough signatures to put the issue before voters in a referendum that likely will take place in February. Until then, the law is on hold.

But here's the twist: Lawmakers also passed a second bill that includes many parts of the first law that has been suspended. Gov. Jon Huntsman signed it.

The school board must decide whether to create rules to start the program. If board members decline, the voucher program is dead -- unless a court intervenes.

"We'll have to wait and see what happens and let the lawyers decide what they think is going to be the best course of action," said Leah Barker, spokeswoman for several pro-voucher groups.

"I don't think we're going to be the only one upset about this. It could trigger a lawsuit from parents or from anyone else," she said.

In an advisory opinion, Utah Attorney General Mark Shurtleff said the voucher program should go ahead, despite the referendum.

If a court enters the dispute, Barker hopes for a quick ruling.

Under both laws, private schools have until June 15 to submit applications to the state to receive students with vouchers. And parents are supposed to apply for vouchers by July 15, nearly seven months before the most probable date for the referendum.

"Private schools and parents still need the time to come up with the (tuition) difference, so the less time they have it just seems like the more difficult it's going to be for the families that need it the most," Barker said.

On the Net: Utah State Board of Education: www.usoe.k12.ut.us/board/

This story appeared in The Daily Herald on page A1.

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