Utah School Boards Association v. Utah State Board of Education

17 P.3d 1125 (2001)

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Utah School Boards Association v. Utah State Board of Education

Utah Supreme Court
17 P.3d 1125 (2001)

  • Written by Tammy Boggs, JD

Facts

In 1998, the Utah state legislature passed the Utah Charter Schools Act (the act). The act authorized the creation of up to eight charter schools for a three-year pilot program. The charter schools were public schools. Under the act, the Utah State Board of Education (the state board) (defendant) had a supervisory role. The state board reviewed charter-school applications, worked with applicants to formulate charters, determined funding allocation, and terminated charter schools for certain specified reasons. The Utah School Boards Association (the association) (plaintiff) sued the state board, seeking a declaratory judgment that the act violated the state constitution. According to the association, the state constitution granted the state board “general control and supervision” powers over public schools, which meant universal or central control and not particularized or local control. The association argued that the legislature could not grant the state board authority to supervise local and specific matters like approving charter schools or reallocating local funding to charter schools. On motions for summary judgment, the trial court ruled in favor of the state board, finding that the act did not violate the state constitution. The association appealed.

Rule of Law

Issue

Holding and Reasoning (Russon, J.)

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