Why Vermont’s 150-year old school tuition system might have to change

The Deeper Dig

A recent U.S. Supreme Court ruling struck down state-level rules that barred public money from going to schools that teach religious beliefs. According to some legal scholars, that decision has unique consequences for Vermont — and could require the state to rethink how it funds K-12 education.

The case, Carson v. Makin, started in Maine. Like Vermont, Maine uses a tuition system in towns that are too small to have their own public schools. Students in those towns get money from the state to be educated somewhere else: either a public school in another town, or a private school.

Maine did not allow families to use this tuition money at religious schools, where faith was a significant part of the curriculum. Parents sued, arguing it violated their freedom of religion. Last week, justices sided with the parents and struck down Maine’s restriction as unconstitutional.

That means Vermont’s system will likely also have to change. Yet Vermont has its own constitutional provisions addressing religious liberty — and now lawmakers have to find a way to navigate between the state and federal constitutions.

On this week’s podcast, Peter D’Auria, who covers education for VTDigger, and Peter Teachout, a professor at Vermont Law School with expertise in constitutional law, discuss the ramifications of the ruling.