Judge Laura Scott issued final rulings last week wrapping up the District Court’s role controversial school choice case and laying the groundwork for an appeal.

The Utah Fits All Scholarship program offers Utah students up to $8,000 for use in private, parochial, or home schools and currently benefits 10,000 students – mostly from lower income families. Scott issued an initial decision April 18^th, declaring the program Unconstitutional under Article X and XIII of the Utah Constitution.

The May 12^th decision addresses two outstanding issues in the lawsuit and was necessary to formally complete the case before appeal.

Plaintiffs in the case, primarily the teachers’ union Utah Education Association, argued that the Utah Fits All Scholarship illegally diverted funds away from public education while those defending the scholarship, including the Governor, said this program was not a diversion of funds but an addition to the state funded education system.

It is likely that the ruling will have an expedited appeal to the Utah Supreme Court.

“[T]he Utah Fits All Scholarship Program doesn’t send funds directly to private schools, but it gives families the flexibility to choose and customize their child’s education, making it constitutionally sound,” said Frances Floresca an education policy analyst and Utah native who has supported the program.

Scott’s 57-page ruling rejected that argument saying the “legislature does not have plenary authority to create a publicly funded education program outside of the public education system.”

While Scott did hold off enforcing her ruling pending appeal, the decision does create uncertainty for the parents of more than 10,000 children how currently benefit from the scholarships. Appeals are expected soon.