Staff Reports
Vermont parents who live in a district without a high school should be able to pick a safe, good place for their child to learn. But when the Bishop family chose a Catholic high school, state rules shut the door on public help. They recently filed a federal lawsuit to challenge that choice ban. This case now raises a simple question: who gets to decide what schools families can use — parents or pencil-pushers in Montpelier?
The Bishops’ Lawsuit: What’s New
The Bishop family recently sued after Vermont refused to give them Town Tuition funding because their daughter attends a religious school. They also say the district ignored a grandfather rule that should have let her keep funding. Because the state tied Dual Enrollment money to Town Tuition eligibility, one official decision wiped out two learning chances: private high school and free college courses. That’s not just paperwork — it’s a real kid losing real opportunities.
How Act 73 Keeps Families Out
Act 73 made new rules for which private schools can get state tuition money. A school had to meet geographic limits and show enough publicly funded students in 2023–2024 to qualify. That puts yesterday’s head count above today’s needs. So if a school got better or became the right fit for a child, it still can be barred from aid because of an old roster. Bureaucrats made a time machine and decided the past should control the present — neat trick, but cruel for families.
Legal Backdrop and the Carson v. Makin Link
The Bishops’ complaint faces a real legal test. The Supreme Court said in Carson v. Makin that states can’t exclude religious schools from tuition programs if other private schools are allowed. Vermont defends Act 73 as neutral rules meant to make the system tidy and efficient. Courts already denied preliminary relief in a related case, saying the rules hit secular schools too. But denying relief and deciding the full law’s constitutionality are not the same. This lawsuit will force a closer look at whether Vermont’s system masks a ban on religious choices.
Why This Case Matters for Parents and Students
At stake is more than one family’s wallet. The bigger issue is parental choice and fairness. If a child needs a particular school, whether for faith, safety, or fit, the state shouldn’t make them prove it with an old enrollment spreadsheet. Lawmakers who like tidy systems can keep their charts. Parents need options that work now. If courts side with the Bishops, it will be a reminder that government rules must serve kids — not the other way around.
