Vermont mothers sue state over restrictions to nation’s oldest school choice program

Two mothers are suing Vermont over a new law that severely restricts the state’s school choice program.

The lawsuit, filed Feb. 27, argues Act 73 unconstitutionally restricts Vermont’s Town Tuitioning program.

Town tuitioning is the oldest school choice program in the country. Launched in 1869, it provides funding to families whose communities do not have a local public school, which is about 40% of the state’s towns.

Act 73 imposes several new restrictions that the plaintiffs argue are unlawful.

The law prohibits funds from being used at schools created after July 1, 2025, imposes a minimum class size on participating schools, and excludes schools that did not have “at least 25 percent of [their] student enrollment composed of students attending on a district-funded tuition … during the 2023-2024 school year.”

In other words, voucher students cannot attend a private school if more than 75% of students pay out of pocket. The law also excludes new schools and smaller schools, such as microschools, which are gaining popularity nationwide.

“Act 73 arbitrarily denies access to town tuitioning for students who desire to attend a school that primarily accepts students who do not request access to the Vermont tuitioning system,” the lawsuit states.

“If a school is desirable for parents of children not eligible for school tuitioning, the children who are eligible for school tuitioning are automatically excluded.”

While 140 private schools currently receive town tuitioning dollars, only 18 would remain eligible under the new law, according to local media reports. Parents can also use the program to send their children to public schools, although many parents choose private schools.

“There is no rhyme or reason to which schools and which kids get to stay eligible for town tuitioning and which ones the Legislature blocked,” said plaintiff Michele Orosz, whose younger children have been denied tuitioning eligibility. “Our city doesn’t have a public high school – the state will be paying town tuitioning regardless. There is no reason to block my younger kids from getting the same opportunity as my eldest.”

Town tuitioning students receive about $16,500 for their education, while the state’s average public school funding is nearly $29,000 per pupil.

“Act 73 puts special interests over the interests of children,” said Jeffrey Schwab, director of litigation at the Liberty Justice Center, which represents the plaintiffs.

“This law limits the ability of Vermont families to meet their educational needs and rescinds a tradition that goes back two centuries. Doing so violates the Vermont Constitution.”