Editor’s note: This commentary from John McClaughry, vice president of the Ethan Allen Institute and former vice chair of the Vermont Senate Education Committee, appeared Tuesday in Vermont’s Bennington Banner.
This year and the ensuing biennium are likely to be landmark years for the future of parental choice in education in Vermont.
In June 2020, the U.S. Supreme Court ruled in Espinoza v. Montana that if a state offers education tax credits, it must offer them to students choosing sectarian schools as well as public schools. The court said that excluding sectarian schools burdened the plaintiffs’ right to the free exercise of their religion.
That ruling triggered at least three similar cases by Vermont plaintiffs seeking to use state tax dollars to benefit their children in independent and sectarian schools.
The Valente case argues that parents in tuition towns should be able to have their school districts pay their children’s tuition directly to a religious school. Last month, parents filed another suit (Williams) to require Barstow Unified Union District to pay tuition for two children attending the same Roman Catholic school.
Another case from Glover argues that if any student is allowed to take school district tuition funding to a sectarian school, then all students, not just tuition town students, should also enjoy that “common benefit”. Meanwhile, a very similar case (Carson v. Makin) has made its way from Maine to the U.S. Supreme Court, which held oral argument in December.
But the government school lobby is urging the Legislature to put a stop to what could be a costly hemorrhage of students – and money – out of public schools. The four defenders of government schooling are the Vermont School Boards Association, Vermont Superintendents Association, Vermont Principals Association, and the Vermont-NEA teachers’ union.
Their Feb. 23 joint letter to the Senate Education Committee sets out their argument that expanding parental choice brings “a morass of complicated legal and logistical questions.” Their central message comes through loud and clear: Forget funding of children. Fund only public schools.
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