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This year’s education legislation reflects state constitution’s common-good approach

February 23, 2023

Utah’s recent choice to both increase educator compensation and create a universal education choice program demonstrates a common-good approach to public education policymaking, one that reflects the Utah State Constitution’s description of the public education system.

Article 10, Section 2 of the Utah Constitution says, “The public education system shall include all public elementary and secondary schools and such other schools and programs as the Legislature may designate.”

Thus, a common-good approach to legislation views public education more as a duty to educate the next generation in whatever way makes sense, rather than focusing exclusively on district public schools.

With this in mind, legislators can expand education choices for families and add resources to the public school system where needed. HB 215 – Funding for Teacher Salaries and Optional Education Opportunities – which created an education choice program and increased teacher compensation – did just that.

Other legislation this session signals the Utah Legislature’s intent to continue this path.

For example, SB 183 – Educator Salary Amendments seeks to improve the public education system by further rewarding its teachers. It does so by building on the teacher compensation increase in HB 215, tying salary increases to inflation and the WPU (weighted pupil unit). This can have an annual effect of automatically increasing salary for teachers. It does the same thing for the teacher salary supplement, a program that gives teachers the opportunity to seek a salary supplement if they teach specific subjects or high-needs areas.

Some viewed the teacher compensation increase in HB 215 as simply a token to help get the education choice program passed. But pursuing HB 183, even after high-profile legislation had already passed, demonstrates good faith on the part of legislators in seeking to reward teachers. This bill has had bipartisan and leadership support.

Similarly, legislators have introduced HB 398 – Special Needs Opportunity Scholarship Program Amendments, a piece of legislation that would improve and expand the Special Needs Opportunity Scholarship. The Special Needs Opportunity Scholarship program was passed in the 2020 Legislature to build on the education choice opportunities for students with special needs in the Carson Smith Scholarship, a traditional voucher program. HB 398 would expand the types of education expenses covered by a scholarship, allow for greater flexibility by creating prorated scholarships, and increase the amount of donations that the scholarship granting organization can carry over into the next fiscal year. So far, this bill has not gotten very far in the legislative process, but its introduction is a sign that the Legislature is still considering ways to give parents as many choices as possible.

Legislators should continue to find ways to build all types of education in an effort to fulfill Utah’s constitutional vision. It’s the best way to meet the needs of every child in the state.

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