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Senate advances 1-year $50,000 pilot for private alternative schools amid questions on cost and selection

Utah State Senate · February 14, 1995
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Summary

Senate Bill 58, a one-year $50,000 pilot to provide $1,600 per student for educational components at qualified private custodial alternative schools, drew extended floor debate over selection rules, adequacy of funding and potential legal exposure. The Senate circled the bill for technical amendments.

Senator Howard Stevenson introduced first substitute Senate Bill 58 on Feb. 13, describing a one-year, $50,000 pilot to fund the educational component for at-risk youth placed in eligible private custodial institutions.

"This is the bill that provides a one-year pilot program, for $50,000 dollars," Senator Howard Stevenson said when he opened the floor discussion, explaining the intent is to give juvenile court judges, Department of Family Services employees and school officials additional placement options and to fund the educational segment (roughly $1,600 per student) for up to about 30 students during the pilot year.

Supporters said the modest appropriation is intended to test whether the educational portion of these placements can be covered efficiently and whether private institutions’ fundraising and insurance mechanisms will supplement the gap. "It’s a pilot program," Stevenson said, adding the State Board of Education would determine which private institutions qualify for participation.

Opponents and skeptical senators pressed several points: whether $1,600 is adequate to meaningfully assist families facing private placements costing many thousands of dollars; the risk of creating a binding expectation for future funding that could lead to litigation; and whether religiously affiliated institutions that teach doctrinal curricula (the Utah Boys Ranch was cited by several members) could constitutionally be included.

"I think we got a liability issue here too as well," Senator Blackham warned during debate, arguing that the limited appropriation and open selection could create legal challenges by families left off the list. Senator McAllister said the Legislature will pursue broader study of alternative education funding during the interim and noted intent language placing an interim task force under the state superintendent to analyze equitable funding mechanisms.

Senator Stevenson acknowledged the concerns but said prior pilot programs had successfully used prioritization and administrative limits to manage demand and that the pilot would allow the state to evaluate costs and effectiveness before considering broader funding.

After extended questioning and floor exchanges about eligibility, gender balance and funding sources, the Senate voted to "circle" the bill — a procedural step to allow sponsors to work with staff on drafting and address concerns — and return with amended language.

What’s next: Sponsors were directed to work with the State Board of Education and legislative staff on clarifications and drafting changes before the bill returns to the floor. The pilot appropriation remains a one-year general fund appropriation unless amended.