Calm the voucher chaos

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The tangled web that has become the school-vouchers issue grew even more confusing Tuesday, as the State Board of Education -- wisely, we think -- issued an order saying it would not implement a voucher program.

Pro-voucher groups are crying foul and promising even more legal action, but the Legislature is to blame for this mess -- and now the courts will have to sort it out, unless the governor and lawmakers beat the judges to the punch.

The legislation that prompted the bickering began with House Bill 148. Passed by one vote and immediately signed into law by Gov. Huntsman, HB 148 enacted the voucher law, which provided between $500 and $3,000 in taxpayer-funded scholarships per child to be used at private schools of parents' choosing. Subsequently, lawmakers passed HB 174, ostensibly an amended version of HB 148. The second bill included some of, but not all, the language of HB 148 -- specifically, it did not contain the provision to hold the public schools financially harmless from the effects of the voucher program.

Petitioners then gathered enough signatures to place on the Nov. 6 ballot an up-or-down vote on HB 148. (A referendum on HB 174 is not allowed, since it passed by a two-thirds margin of the state House and Senate.) That means that HB 148 cannot be enacted until after the Nov. 6 vote, and only if voters approve it. Pro-voucher supporters, led by Attorney General Mark Shurtleff, advised the state Board of Education to implement the voucher program based on HB 174. Board members have now refused to do so, by a vote of 10-4.

The Board of Education's order makes sense to us. It will expedite a legal decision, probably from the Utah Supreme Court, on the viability of HB 174. At issue is whether the amended bill, incomplete as it is, can be used as the basis on which to craft a statewide voucher program. We agree with the Board of Education that it can't -- and that the people have spoken: They want an up-or-down vote on vouchers, period, via HB 148.

Indeed, most of the voucher mess could be cleared up if Gov. Huntsman would call the Legislature into special session for the purpose of rescinding HB 174. Then the way would be cleared for the public's November vote.

The governor's most recent statement on the matter, published on his Web site, leads us to believe he may do just that: "When voters enter the polling booths in November they deserve a clear pathway forward on Utah's voucher policy.

"Right now there are several lawsuits moving through the judicial system and I will be watching with great interest to see if clarity results. If the voters of Utah are not given understanding from that judicial process within a reasonable amount of time, I will do whatever is necessary to ensure an up or down vote."

Our hope is that lawmakers will concur. But special sessions can be messy affairs. Lawmakers could, given the opportunity, create a whole new voucher bill to replace both HB 148 and HB 174; then it would be left to Huntsman to sign or veto the legislation. Or, if legislators are in a calmer mood that day, they could decide to scuttle HB 174 and let HB 148 live or die by the public's vote.

We urge them to huddle with the governor and attempt, as much as possible, to clear the legal decks for the Nov. 6 election.

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