School choice opponents in Utah tried a new trick, and it’s coming back to bite them.
Last month, Utah passed the country’s most sweeping school voucher legislation. The Parents for Choice in Education Act (HB 148) makes nearly every student eligible for vouchers worth $300 to $5,000, depending on family income. Under the program, school districts continue to receive funding for every voucher student who leaves for five years. So it doesn’t “drain” money from public schools.
Despite this bone, opponents were up to their old trick of amending school choice legislation beyond workability. They pushed for regulations designed to dampen private school participation, and insisted the Parents for Choice in Education Act come up for review two years earlier than originally scheduled.
Opponents prevailed. But this is ploy is coming back to bite them as they try a new trick to stop the program before it begins.
Utah is one of 24 states where the public can overturn recently enacted legislation through referendum. Opponents have until April 9 to gather 92,000 signatures to qualify their school choice recall for the 2008 ballot. With those signatures, opponents would suspend the program set to start on April 30 and delay implementation until as late as 2009.
But here’s how their latest trick is coming back to bite them. School choice opponents filed their referendum petition against the original school choice legislation (HB 148) before the superseding legislation, enacted largely at their insistence, was signed into law (now HB 174). Simply put, they’re going after the wrong legislation.
Opponents can’t target the revised school choice program because any referendum must be filed within five days after the legislative session ends. The amended legislation wasn’t signed until after that five-day window. The amended school choice legislation also passed with majorities exceeding 2/3 in both

