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Senate approves sibling‑preference change for Special Needs Opportunity Scholarship; debate centers on accountability and fiscal cap

Utah State Senate · February 25, 2022
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Summary

Senate passed fourth substitute S.B. 62 to add sibling preference to the Special Needs Opportunity Scholarship program; sponsor said the program retains its $6 million cap and does not increase public spending, while critics questioned accountability for students attending private schools.

Salt Lake City — The Utah Senate voted to pass a fourth substitute of S.B. 62, which modifies the Special Needs Opportunity Scholarship Program to include a sibling preference. Sponsor Sen. Fillmore said the bill does not change the program’s overall dollars and that the program already carries a $6,000,000 cap.

On the floor Sen. Owens and Sen. Ravey pressed the sponsor about whether the change shifts public tax dollars to private schools and about accountability for students who do not have IEPs or 504 plans. Sen. Ravey asked whether students without those special‑education designations would be held to the same standards and assessments as public school students.

Sen. Fillmore replied, "This program already exists, and... it doesn't change anything. That was, you know, that bridge we crossed when the program was passed some time ago. This program already has a $6,000,000 cap. This does nothing to that. So there's no additional dollars." He added that the bill simply adds sibling preference consistent with other choice programs in the state.

Opponents on the floor said the change extends eligibility to students without an IEP or 504 plan and asked how accountability for assessments would be maintained in private schools. Sponsors said accountability language and program cap remain unchanged; they characterized the measure as aligning sibling access with other school‑choice programs.

After a call of the Senate and summations, the fourth substitute S.B. 62 passed on roll call, recorded as 18 yes and 11 no. The bill will be transmitted to the House for consideration.

Key detail: The sponsor repeatedly noted the program's $6,000,000 cap and said the bill does not expand the amount of money available.