Utah News Dispatch
‘Against our values’: Teacher union opposes constitutional change to remove education earmark
Utah’s largest teacher union is opposing a proposed change to the Utah Constitution that would remove the state’s current requirement that income tax revenue be reserved only for public education and services for children and people with disabilities. Utah Education Association Board of Directors voted unanimously Thursday to oppose the proposed constitutional amendment that Utah […]
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A classroom at Woodrow Wilson Elementary School in South Salt Lake is pictured on Tuesday, March 12, 2024. (Photo by Spenser Heaps for Utah News Dispatch)
Utah’s largest teacher union is opposing a proposed change to the Utah Constitution that would remove the state’s current requirement that income tax revenue be reserved only for public education and services for children and people with disabilities.
Utah Education Association Board of Directors voted unanimously Thursday to oppose the proposed constitutional amendment that Utah voters will weigh in on this November. The Utah Legislature put the question on the 2024 ballot when it passed SJR10 last year.
SJR10 asks voters to decide whether to open the state’s income tax revenue to also be used to pay for “other state needs.” The change would also specify in the Utah Constitution that the state can only use those dollars for other priorities after it uses a portion of revenue growth for “changes in student enrollment and long-term inflation.”
While SJR10’s supporters have argued it still protects education spending, critics say it doesn’t include strong enough language to guarantee the Legislature funds education at high enough levels.
Up until Thursday, the teacher union’s board had taken “no position” on the proposed constitutional amendment.
“This decision was not taken lightly,” UEA President Renée Pinkney wrote in an email to the teacher union’s members that was also posted on the association’s website Thursday. “The UEA Board of Directors believes the proposed amendment goes against our values and challenges what we stand for.”
Students wait in line to go to lunch at Woodrow Wilson Elementary School in South Salt Lake on Tuesday, March 12, 2024. (Photo by Spenser Heaps for Utah News Dispatch)
Pinkney wrote that UEA believes “every child, regardless of race, background, who they are, or where they live, has the right to learn in a welcoming, safe, well-resourced public classroom that fosters a strong sense of belonging where their curiosity and creativity come alive.”
However, she said Utah has “yet to realize a fully funded public education system.”
Critics of removing Utah’s education earmark note that Utah (a state known for its large families and young population) has long lagged behind other states, historically ranking last in the nation when it comes to per-student spending, according to the U.S. Census Bureau. Though in 2021 Utah moved up a slot, to 50th in the nation, when it outpaced Idaho.
“The UEA has been protecting the promise of public education for over 150 years, and we don’t intend to compromise our values now,” Pinkney said.
This year, the UEA asked that lawmakers fund a 12% increase to the weighted pupil unit, the per-pupil rate used to calculate how much money each school should receive. Instead, the Legislature funded a 5% increase to the tune of $212 million.
Pinkney also criticized lawmakers for shifting more money toward private schools in recent years.
“Alarmingly,” she said, “during the past two legislative sessions, the Legislature appropriated $82 million to the newly established — but not yet started — private school voucher program. Imagine what this funding could do to meet the ever-increasing needs of our public school students and educators.”
Last year, the Utah Legislature created what it dubbed the Utah Fits All Scholarship, which offers $8,000 to qualifying K-12 students for private school tuition, after-school programs or other education expenses.
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Lawmakers gave the Utah Fits All Scholarship voucher program $42 million last year to get it established — enough for 5,000 students to each receive $8,000 starting in the 2024-2025 school year. This year, even though the voucher program hasn’t started yet, the legislators that created it sought $150 million more, citing greater demand than what’s so far been funded. Legislative leaders, however, didn’t grant them their full request, but gave the program $40 million more.
Senate president criticizes UEA’s opposition
Senate President Stuart Adams issued a statement Thursday expressing disappointment in UEA’s opposition to the constitutional amendment “given the Legislature’s relentless dedication to prioritizing education.”
“Our track record speaks volumes about our commitment to education, which is evident in increasing education funding by 94% over the past 10 years,” Adams said.
The constitutional amendment’s sponsors — Sen. Dan McCay, R-Riverton, and Rep. Karen Peterson, R-Clinton — also issued a statement arguing education remains a “top priority” for the Utah Legislature.
“We appreciate our educators, and have nearly doubled public education funding in the past 10 years,” McCay and Peterson said. “The education budget is $8.43 billion with a $832 million increase this year alone.”
Adams also criticized the timing of UEA’s opposition.
“I specifically requested feedback from them during this legislative session,” he said. “The UEA chose not to engage and waited until after the session to change their official position. Stakeholders coming to the table to offer solutions is more productive and effective.”
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However, House Minority Leader Angela Romero, D-Salt Lake City, supported UEA’s decision to oppose the constitutional amendment, saying if it passes, it would allow the Legislature to “redirect funds away from public schools.”
“I support UEA’s decision to oppose SJR10, because this proposed amendment to the Utah Constitution contradicts the crucial need to invest in our public education system,” Romero said.
She also urged Utah voters to inform themselves about what’s on the November ballot.
“By voting against the proposed constitutional change, you will be protecting Utah’s public school system and ensuring that every child has the opportunity to receive a quality education,” she said.
Why does the Utah Legislature want to remove Utah’s earmark for education?
In 1946, the Utah Constitution was amended to specify that 100% of the state’s income tax revenue must be spent only on public education. That constitutional earmark has been loosened twice, including in 1996 to allow income tax revenue to be spent on public higher education, as well as in 2020 to open income tax dollars to social services for children and people with disabilities.
Legislative leaders have long warned the state’s budget has faced a structural imbalance between sales tax and income tax revenue. Leading up to the passage of SJR10 last year, Republican legislators have insisted education will continue to be a funding priority, and they’ve said removing the earmark will allow more flexibility within the budget.
There’s also another piece of legislation that hinges on voters passing SJR10: a $200 million tax cut that would remove the state’s portion of the food tax — something advocates for low-income Utahns have long sought.
Making the removal of the state’s food tax contingent on doing away with the state’s constitutional restrictions on income tax dollars for education was a move that some Democrats called “gamesmanship” bordering on Washington, D.C. politics by the GOP-controlled Utah Legislature.
But Adams and other Republican legislative leaders have argued SJR10 is drafted with the intention of protecting education funding while also allowing greater flexibility within the state’s budget.
“This proposed constitutional amendment offers a dual advantage: it guarantees new protections for education funding in a way that allows greater flexibility in addressing the pressing needs of the state while simultaneously eliminating the burden of sales tax on food,” Adams said.
McCay and Peterson said SJR10 is “good for education and good for Utah families.”
“SJR10 prioritizes education funding in our state constitution, cementing our commitment to education by ensuring students and educators have necessary resources while providing voters the opportunity to remove the state sales tax on food,” they said.
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