Utah State Board approves $120,000 pilot for all‑abilities playground research, with legal safeguards

The Utah State Board of Education on a 9–5 vote approved using $120,000 in federal mineral lease (FML) discretionary funds to support an all‑abilities playground pilot, but attached conditions aimed at managing legal risk and ensuring the spending meets the statutory definition of research.

Board members said they wanted to support inclusive playgrounds while avoiding a funding decision that could be reversed in an audit. ‘‘The proposal is something that could be done, but it’s going to require a robust research proposal … you’re at significant risk of those funds being clawed back,’’ said Laura, an assistant attorney general who reviewed the plan and advised the board on legal exposure.

Why it matters: The board’s FML discretionary account is intended for experimental or developmental projects. Several members said existing national research on all‑abilities playgrounds is substantial, but that a locally executed, documented research project could produce ‘homegrown’ evidence that would more directly inform state guidance and future funding priorities.

What the board approved: The substitute motion the board adopted directs the superintendent to work cooperatively with the proposing district to prepare a ‘‘robust research plan’’ before funds are disbursed and requires an initial report to the board at its August meeting to summarize that plan and early preparations. Deputy Superintendent Scott Jones told the board staff can help develop research procedures and partner with UL‑lead (the agency’s research arm) to strengthen the design. Jones said, ‘‘I would recommend taking the risk … it’s $120,000. I don’t want to spend money just to spend money, but it is there for you as the board at your discretion.’’

Dissenting views: Several board members argued the board should not fund items that local districts normally finance. Vice Chair Ballinger said she ‘‘support[s] all‑ability playground equipment’’ but would vote no because the fund is earmarked for research and many districts already have such equipment or fundraising processes. ‘‘We need to be able to do for one what we do for all,’’ she said, noting precedent and equity concerns.

Vote and next steps: The motion passed 9–5; board members who publicly recorded no votes included Member Heimus, Member Lear, Member Wood, Member Reel and Member Ballinger. Board staff will work with the superintendent and the Davis School District (the proposing LEA) to produce a formal research plan; that plan must be in place and an initial report presented to the board in August before checks are cut.

Implementation note: The board’s action funds setup of a single‑site research/installation project (the district reported $30,000 local matching funds), not statewide purchases. The approval directs staff to craft conditions that both protect the FML account from audit risk and allow the state to document measurable outcomes that could inform future policy or program guidance.