Full Breakdown
Legal Challenge to Vermont's Education Reform Law
3/5/2026, 12:42:55 AM
Overview of the Lawsuit
Two parents from Georgia, Vermont, have initiated a lawsuit against the state's education reform law, Act 73, claiming it restricts their children's access to private schooling and undermines educational opportunities. Filed in Washington County Superior Court, the lawsuit argues that the law's new restrictions on Vermont's publicly funded tuition system violate equal educational access. Act 73, signed into law by Governor Phil Scott in July 2025, limits public funding for private schools to only 18 institutions, significantly reducing the number of eligible schools from 46.
Key Provisions of Act 73
Under Act 73, public tuition dollars can only be used for private schools located in districts without public schools for certain grades, and these schools must have at least 25% of their student body funded by Vermont public school districts. The plaintiffs, Kollene Caspers and Michele Orosz, have children attending Rice Memorial High School, a private Catholic institution in South Burlington. While their older children can continue receiving public tuition, their younger siblings will not be eligible due to the new restrictions, forcing the parents to consider out-of-pocket expenses exceeding $15,000 annually.
Legal Arguments and Implications
The lawsuit, represented by the Liberty Justice Center, contends that Act 73's provisions are arbitrary and violate a common benefits clause, which mandates equal access to public benefits. Attorney Katie Cosgrove stated that the law creates an unjust situation where siblings within the same family cannot access the same educational opportunities. Jeffrey Schwab, the center's director of litigation, emphasized that the law rescinds a long-standing tradition of school choice in Vermont.
This lawsuit is not an isolated incident; it follows a similar challenge by Mid Vermont Christian School, which alleged that Act 73 discriminates against religious schools by cutting their access to public funding. The legal landscape surrounding school choice in Vermont is evolving, particularly in light of the U.S. Supreme Court's 2022 decision in Carson v. Makin, which has implications for funding religious education.
Official Responses
Vermont Attorney General Charity Clark, who will defend the state and Education Secretary Zoie Saunders, has not yet commented on the lawsuit as her office has not been served. The Agency of Education has also refrained from providing a statement regarding the legal challenge.
Criticism of the Reform
Critics of Act 73, including Cornwall Representative Peter Conlon, argue that the law reflects concerns about the impact of private institutions on public school funding. Conlon has proposed legislation aimed at eliminating school choice in communities currently benefiting from it, asserting that such choices weaken the public education system.
Conflicting Perspectives
Legal experts, such as law professor Jared Carter, suggest that the plaintiffs may face challenges in court, particularly in light of the Vermont Supreme Court's previous rulings that have not supported broad interpretations of educational funding rights. The ongoing debate highlights the tension between maintaining public school funding and providing families with educational choices.
Verbatim Quotes
- “Parents and children across Vermont will suffer catastrophic and irreparable harm if Act 73’s challenged provisions are allowed to go into effect,” — Katie Cosgrove, Attorney, Liberty Justice Center
- “no rhyme or reason to which schools and which kids get to stay eligible for town tuitioning and which ones the Legislature blocked.” — Michele Orosz, Plaintiff
- “If you have an area where you are depopulating public schools by offering choice, that’s not creating a strong, robust education system.” — Peter Conlon, Representative, Vermont House
This lawsuit marks a significant moment in Vermont's educational policy landscape, as it seeks to challenge the recent reforms that have reshaped the state's approach to school funding and choice.
