Vermont Parents File Lawsuit Challenging Limits on School Choice Under Education Reform Law

A new legal challenge has been filed in Vermont questioning recent changes to the state’s education system that restrict the use of public funds for private schools. The lawsuit, brought by two parents, argues that the new rules unfairly limit school choice and reduce educational opportunities for their children.

The case was filed in Washington County Superior Court by Vermont parents Kollene Caspers and Michele Orosz. Both families live in the town of Georgia, Vermont, and have children connected to Rice Memorial High School, a private Catholic school located in South Burlington. Their legal complaint focuses on the impact of Vermont’s recent education reform legislation, known as Act 73.

Vermont has long operated a publicly funded tuition program that allows families living in school districts without public schools for certain grade levels to send their children to other public schools or approved private institutions using public funds. These private institutions are commonly referred to as independent schools under Vermont law.

However, Act 73 introduced significant changes to this system. The legislation established new eligibility rules that sharply limit the number of private schools able to receive publicly funded tuition payments. Under the revised framework, only 18 private schools currently qualify to participate in the program.

The parents bringing the lawsuit argue that these restrictions represent a dramatic shift in Vermont’s long standing approach to school choice. According to their legal filing, the new requirements arbitrarily limit which students can access certain schools and reduce the range of educational options available to families.

Under Act 73, private schools must meet specific criteria to remain eligible for public tuition funding. To qualify, a school must be located in a district or supervisory union that does not operate a public school for some or all grade levels. Additionally, at least twenty five percent of the school’s student population during the 2023 to 2024 academic year must have been funded by a Vermont public school district.

These rules have created complications for families whose children currently attend private schools but whose younger siblings may no longer qualify for public funding under the new system. While students already enrolled at Rice Memorial High School can continue receiving tuition support through graduation, their younger siblings will not be eligible to receive the same funding if they choose to attend the same school.

The parents involved in the case say the changes lack consistency and clarity. They argue that the law treats families differently without clear justification, leaving some students eligible for public tuition assistance while excluding others.

Act 73 was designed to reshape Vermont’s education system by restructuring school district governance and creating a new statewide funding model. Lawmakers supporting the reform say the changes aim to promote greater equity across the state’s public education system and address disparities between districts.

The lawsuit names Vermont Education Secretary Zoie Saunders as a defendant. State officials have not yet publicly responded to the legal challenge.

This case is the latest legal dispute connected to Act 73. A separate lawsuit filed earlier by Mid Vermont Christian School also challenged the law, arguing that the new rules discriminate against religious institutions by preventing them from receiving public tuition payments.

The case adds to a broader national debate about the role of public funding in private and religious education, as well as the balance between education reform and parental choice in schooling.