UPDATED: Senate passes HB 215; controversial education funding bill now goes to governor

ST. GEORGE — A controversial education funding bill now heads to Gov. Spencer Cox to sign and enact as full legislation. The “twofold” bill will increase teacher salaries and compensation and provide funds for other educational options.

Not all in the education community support HB 215, which several local and state education leaders and organizations say is deceptive and bullish.

However, Heritage Action for America, a proponent of the bill, released a statement voicing support for the legislation.

“Thanks to the Utah State Legislature,” Executive Director Jessica Anderson said in a statement. “When enacted, this legislation will give Utah parents the opportunities and tools necessary to ensure their children have access to the education options that best fit their needs. By creating a scholarship program, HB 215 would give families of all backgrounds the freedom to make the decisions that will help their children succeed academically.”

The Senate on Thursday passed the bill 20-8 on third reading, with one lawmaker abstaining.

The funding for teacher salaries and optional education opportunities bill, officially designated as Funding for Teacher Salaries and Optional Education Opportunities, would create a Utah Fits All Scholarship Program with a budget of $42.5 million from the income tax fund. The funds would be used in two different ways: raises for teachers and scholarships for students who seek educational opportunities other than the public education system. This includes homeschooling and charter (private) schools.

Those with opposing views are concerned about the scholarship program taking away from public schools and giving to private schools.

Both Larry Bergeson, Washington County School District Superintendent, and David Stirland, Vice President of the school board have expressed concerns with the HB 215, St George, Utah, Dec. 13, 2022 | Photo by Nick Yamashita, St. George News

Washington County School District Superintendent Larry Bergeson testified as the president of the Utah School Superintendents Association and said the Legislature was using bribery to get their way on an issue that he said needed to be further looked over and receive more public feedback.

Bergeson testified before the legislators on Monday, representing 41 school districts in the state with a message and statement that called out some elected officials as being deceptive and bullies.

Part of Bergeson’s statement reads: “Normally I would begin by thanking our elected officials for how they have supported public education in the past; however today, I am dumbfounded at the deception and bullying taking place as they attempt to force through HB 215!”

Iron County School District Communication Director Shauna Lund said Lance Hatch asked to email the statement to St. George News. Hatch serves as the district superintendent for Iron County schools and also is a member of the Utah School Superintendents Association.

Bergeson said they have removed rules and safeguards in the process which includes taking away opportunities for input and discussion. These, he said, were a violation of the trust given to the elected officials by the voters.

“In the end, we fear similar non-transparent tactics will be used by some to remove the guaranteed constitutional earmark for public education,” Bergeson said in the statement, “thereby taking away the assurance of adequate funding for Utah’s children through public taxpayer dollars. Our children … your children deserve better than this.”

After three readings, the bill was passed by a 12-4 vote by the House Education Committee and a 54-20 vote among the representatives. The bill received a favorable recommendation from the Senate Committee. On Wednesday, the Senate approved it on a 20-8 vote.

The bill was sponsored by Rep. Candice B. Pierucci and Sen. Kirk A. Cullimore, both of whom represent Salt Lake County.

“It is an important policy that is really going to impact the students, teachers and parents within our state,” Pierucci said.

The ‘two-fold’ purpose

The first purpose of the bill is related to educator compensation.

According to the bill, an “educator” is defined as a “person employed by a school district, charter school, or the Utah Schools for the Deaf and the Blind who holds a license issued by the state board.”

Candice Pierucci is the bill sponsor of HB 215, date and location unspecified | Photo courtesy of Utah State Legislature, St. George News

If passed, the bill would disperse money to each local education agency, such as districts, charter schools and private schools, to provide all educators (as defined above) an annual salary increase of $4,200 in pay and $1,800 in other compensation.

“I want to find ways to empower our teachers,” Pierucci said during the third reading of the bill before the House.

However, according to the statement, Bergeson said the increases in pay were bribery to get the second part of the bill approved, which he said serves as a means to make it eligible for rich students to get their private education paid for by the state while at-risk kids will still not be able to attend the private education even with the appropriated funds.

The second “fold” of the bill is to set up the Utah Fits All Scholarship program to help finance students who seek other options in education, such as homeschooling and charter schools. The approval of the bill would allow parents of students who are eligible to receive a scholarship of up to $8,000 annually.

If approved, the scholarship program would be open to any student who is eligible to be in public schools within the state but has decided to seek alternative schooling options. Students who are enrolled part-time in public schools and the rest of the time in a charter or home-based school program may also apply, but the amount given will be prorated.

The Utah State Board of Education has voted in opposition to the bill as written, expressing concerns over a lack of student data privacy, questions about program oversight and the process of drafting and debating the bill.

The scholarships would be paid through school vouchers.

This bill is similar to a bill presented last year to create a Hope Scholarship program, designated HB 331 by the 2022 Utah Legislature, that was shut down by the House. One difference between the bill of last year and this year is the added feature of teacher compensation. Both bills have the same legislative sponsors.

“Connecting this pay increase to school vouchers is both demeaning and inappropriate to teachers and all support personnel,” Bergeson added in the statement. “They simply deserve more respect than this!”

The opposition and advocacy make their presence known

Primary opposition to the bill is that the “twofold” purposes should be divided into two separate bills, with the teacher salary increase as one bill and the scholarship program as another. However, the way the bill is written, the scholarship fund would pay for both.

In the House, all local representatives for Southern Utah voted “yea” for the bill except for one.

The opposition also comes from the education community expressing concern how over the bill being approved would result in teachers in public education losing their jobs when more students switch to charter or homeschooling.

Arguments similarly say that public funds should not be used for private businesses, such as charter schools.

Even though it is heavily favored in the state Senate, the bill has drawn controversy. On Monday, a recording of Allison Sorenson, who heads Education Opportunity 4 Every Child, the main marketing campaigner and advocate of the bill, was released. The recording had her saying she wanted to “destroy public education.”

On Monday night, Sorenson issued a public apology for her statements.

How does it affect Southern Utah education?

“We just don’t know what is going to happen,” Washington County School District Communications Director Steven Dunham said. “Nothing like this has been done before.”

One of the biggest concerns of HB 215 is public tax money going to private schools and benefitting private wealthy kids and not the at-risk kids, St. George, Utah, Date and location not specified | Photo courtesy of Adobe Stock for representative purposes only, St. George News

David Stirland, who serves as vice president of the Washington County School Board, said the issue that is making teachers and administrators wary is the fast movement of the bill without proper investigation and research. And the fact that the majority of educational professional organizations are opposed to the bill is another criticism.

Lund said the Iron County School District follows the same views as Bergeson and the superintendent’s association.

The state board of education voted against it 10-5 on Monday while the teacher’s union, the state school superintendents association and the state school boards association all also expressed their disapproval of the bill.

State board member Krista Norton who represents Southern Utah expressed concerns that the bill would benefit the Wasatch Front more while Southern Utah would not fully see the benefits of the bill.

“This legislation is forced,” Stirland said. “It is a story that needs to be told.”

Finally, Bergeson, in the course of communication with St. George News, emphasized that this bill would be damaging to “our children.”

“This is a perfect example of politics over principle,” he said. “It’s a shame our society is becoming this way. We should never put politics above the needs of your children and those who teach them.”

The reaction of passing HB 215 to the governor has resulted in mixed reactions with the public education community not happy with the decision while such social improvement groups as Heritage Action for America and Save Our Schools applaud the Utah State Legislature for their swift consideration and approval of HB 215.

“We look forward to Governor Cox signing H.B. 215 into law and continuing the momentum for education freedom and parental rights in the Beehive State,” Anderson said in the statement.

Updated, Jan. 26, 2023, 1:45 p.m.: Updated status of the bill and statements from social improvement groups.


Check out all of St. George News’ coverage of the 2023 Utah Legislature here.

Copyright St. George News, SaintGeorgeUtah.com LLC, 2023, all rights reserved.

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