SOUTH BURLINGTON, Vt. (WCAX) - Should students with school choice be allowed to use their taxpayer-funded tuition to attend a private, religious school? That issue is the focus of a lawsuit against the Vermont Agency of Education heard by a federal judge Monday afternoon.
This is not the first time religious school choice has been a question in Vermont’s court and the state is facing multiple lawsuits because of it. Monday, four families trying to send their students to Rice Memorial High School were represented.
Vermont kids who live in a town without a public high school can choose which school to attend. Their communities pay the tuition at the school they choose. In a hearing Monday afternoon, the Alliance Defending Freedom group accused Vermont’s Agency of Education of denying tuition to those students who choose a private religious school, saying it is discrimination.
“You can’t treat religious schools or religious students like second-class citizens,” said David Cortman, a senior counsel with Alliance Defending Freedom.
In a U.S. Supreme Court ruling last summer, the court said if families choose where to send their student, the money follows them.
The plaintiffs argue that if a town pays for the entire tuition of one private school, they must cover the entire tuition of a private religious school, as well. In addition to this, the plaintiffs also argue the tuition money funded by taxpayers is being spent regardless of what school students choose. In this case, it would actually save sending towns money.
“It’s about 30%-40% less for a student to go to Rice than it is other schools. So it would be saving the state money, it would be eliminating religious discrimination and it would be treating all students the same regardless of where they decide to go to school,” Cortman said.
The state declined an interview saying, “The Vermont Agency of Education does not comment on pending litigation.”
But lawyers for the state argued that tuition dollars should only be used for the non-religious portion of the tuition to a religious school. They say if Rice can determine how much of their tuition is for religion, the town could possibly pay for the primary education.
During the hearing, the judge questioned whether that was a practical solution. The judge said she was frustrated by the AOE saying every school district should come up with their own interpretation and then take a case by case ruling on it. She is pushing for the state to create criteria for everyone to follow because these cases do not seem to be stopping.
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