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- calendar_today November 13, 2026
Parents Challenge Vermont’s New Tuition Eligibility Rules
Two parents from Chittenden have filed a lawsuit in federal court against the Vermont Agency of Education, claiming Vermont’s new education reform law unlawfully bars religious schools from the state’s public tuition program. Carrie and Greg Bishop, the plaintiffs, allege the law’s requirements prevent religious schools from receiving public funding, amounting to religious discrimination in violation of the First Amendment.
Background: The Vermont Public Tuition System
Vermont operates a unique public tuition program, which allows families from certain rural school districts that lack public schools for all grades to send their children to private schools or to public schools in other districts at the state's expense. According to the Vermont Agency of Education, about 3,500 students received public tuition as of 2024. Previously, both secular and religious private schools were eligible for the program, and religious schools saw an increase in public funding following a Carson v. Makin Supreme Court decision in 2022 that affected similar programs. However, this changed with new legislation enacted in 2025.
Act 73: New Qualifications for Private Schools
The 2025 education reform law, known as Act 73, established stricter eligibility criteria for private schools wishing to participate in the public tuition program. Under Act 73, schools qualify only if they are located in districts lacking public schools for certain grades and if at least 25% of their 2023–24 student body was publicly funded by a Vermont school district. After the law took effect, only 18 private schools qualified—none of which were religious schools. Court documents indicate that 18 secular and 15 religious private schools lost eligibility under the new rules. Rep. Peter Conlon, a key architect of the law and chair of the House Education Committee, indicated the change was intended to strengthen Vermont’s public school system and manage per-pupil costs.
The Bishops’ Legal Arguments and Goals
The Bishops, represented by attorney Jacob Reed of Alliance Defending Freedom, contend that the law creates a de facto exclusion based on faith. Their lawsuit claims the family has faced discrimination due to their religious beliefs, citing experiences where their older sons were scrutinized for bringing bibles to public school, and noting that public school teachings on evolution conflict with their religious doctrine. Living in the Barstow Unified Union School District, which runs public schools only through eighth grade, the Bishops wish to enroll their daughters in Mount St. Joseph Academy, a Catholic school in Rutland that does not qualify for the tuition program under the new law.
The lawsuit asks for the school district to cover tuition for their daughter, a high school senior at Mount St. Joseph Academy, as well as access to Vermont’s dual enrollment program, which allows eligible students to take college courses at no cost. Eligibility for this program is restricted to those receiving public tuition.
Context: Legal Battles Over Religious Schools and Public Funds
The conflict over tuition eligibility for religious schools is not new to Vermont. Alliance Defending Freedom has challenged the state’s tuition system several times. The organization previously represented Mid Vermont Christian School, which was banned from state athletic events after forfeiting a game due to a transgender player’s participation. That case resulted in a favorable appeals court ruling for the school in September 2025 and is pending further action in lower courts. Mid Vermont Christian School also has an active lawsuit challenging Act 73.
What’s Next in the Legal Dispute?
The current complaint names Vermont Education Secretary Zoie Saunders, the State Board of Education, and the Barstow Unified Union School District as defendants. The Vermont Agency of Education has declined to comment on ongoing litigation, and the Attorney General's Office is defending the agency in court. The outcome of the Bishops’ lawsuit could have significant implications for the inclusion of religious schools in Vermont's education system and the future of the state’s public tuition program.
Related coverage
Source: vtdigger.org.
