Vermont restricts school choice, making private schools ‘guaranteed losers’

A new Vermont law is limiting places where families can use public tuition dollars, and private schools are paying the price.

After Gov. Phil Scott signed H. 454, now known as Act 73, into law last week, one change took effect July 1: new restrictions on access to independent schools.

“Independent schools are essentially the only guaranteed losers in this bill,” Oliver Olsen, a former state lawmaker who lobbied for the Vermont Independent Schools Association this session, told Vermont Public.

At the start of this year, 47 independent schools in Vermont were eligible for public funding. However, most are now expected to be ineligible for this funding.

The move comes as many Republican-led states have expanded school choice this year.

Under Vermont’s town tuition system, families in districts without public schools have long had the freedom to choose where to send their kids, including private or even out-of-state schools.

That’s now changing.

As of this month, private schools in communities operating their own K-12 public schools or those out of state are no longer eligible for education savings accounts.

If fewer than 25% of a school’s students are publicly funded, families cannot use education savings accounts there, either.

“We have limited where taxpayer dollars flow in a way that has never been done before,” said Rep. Peter Conlon, D-Addison.

The state may even take further action to restrict private school choice next year, according to Conlon.

“People are very concerned that there is a lot of decision-making left to do,” he said, “and what will the influence of the independent school lobby be on those future decisions? And you know, that’s a legitimate concern.”

Catholic schools will be among the hardest hit by the new law. All 12 of the state’s Catholic schools will likely be ineligible for public funding under the new rules, said David Young, superintendent for the Diocese of Burlington.

In total, 109 publicly funded students attended Catholic schools last year.

Rep. Rebecca Holcombe, D-Norwich, questioned how the restrictions benefit current students who can no longer attend the private schools of their choice.

“If kids in Hartland can’t go to Kimball Union Academy, do they choose The Sharon Academy?” Holcombe said. “Do they choose Stratton Mountain Academy? Do they go to St. Johnsbury Academy? Do they go to Hartford High School? I don’t know.”