Tuesday, May 15, 2007

School Board --> Follow the Law!

Memo to the State School Board, you can not interpret law, you follow it.

From the SL Trib:http://www.sltrib.com/ci_5902159

Utah Attorney General Mark Shurtleff has ordered the Utah State Board of Education to implement a school voucher program based on a version of the state's voucher law that critics say leaves Utah vulnerable to a lawsuit.

Hundreds of voucher supporters cheered the news during a rally at the State Capitol complex today. Parents for Choice in Education, the political action committee that lobbied heavily for the program, held the rally to pressure officials to implement vouchers, making voucher applications available to parents starting today.

"The rally, combined with the most senior legal authority in the state, is demanding they implement it," spokeswoman and emcee Leah Barker said.


Craig said...

The school board is showing wisdom and responsibility, even though many voucher supporters won't admit it.

The AG has refused to answer important legal questions posed by the State School Board. He should act responsibly and help clarify how you write rules solely on an amendment bill that doesn't contain any definitions and is not neutral with respect to religion.

HB174 on its own does not reflect legislative intent! To suggest otherwise is blatant opportunism and is in my opinion dishonest. Republican and Democratic lawmakers are calling on the Governor to call a special session to ask the legislature to tie HB174 and HB148 together (exactly what legislators had in mind when the amendment bill was passed through).

If you don't like what is happening, go ahead and sue the school board. If you do litigate, though, be warned that there is a very high likelihood that you will lose. Will that ultimately help or hurt your cause? Furthermore, if you win, you may get a voucher program that you won't like - one that is underfunded and that will be subject to constitutional challenges. You also will have the backlash of 124,000 signatories to the petition who believe that the people should have the final say on this program.

The legislature created this mess. They should fix it by tying HB174 to HB148 to align to their collective intent.


Anonymous said...

Hmm... I was not aware that the AG was the senior legal authority. As far as I know the AG has to listen to ANY judge in Utah judiciary. Yet another failure of ALL schools to properly educate.

Davis Didjeridu said...

I am sorry, you are wrong about the AG's "order." The AG's opinion was informal; it has no force of law. Advisory opinion power was taken away from the AG's office when Republicans were too scared during 12 years of Democratic AGs. So, please do not call it an "order." Only the courts can make such orders.