Setting the Record Straight

Sep 22, 2025

Since our founding, Friends of Vermont Public Education has had one clear mission: to ensure that any school receiving public taxpayer funds adheres to the same rules, regulations, and standards established by Vermont law. This belief is rooted in the Vermont Constitution, which outlines two vital provisions:

Article 7, the common benefits clause, declares that government exists for the common good—not for the advantage of any single person or group.
Section 68 affirms that “a competent number of schools ought to be maintained in each town unless the general assembly permits other provisions for the convenient instruction of youth.”

These principles informed the Vermont Supreme Court’s 1997 Brigham decision, which recognized education as a fundamental public responsibility.

We believe independent schools—historic academies, ski schools, therapeutic institutions, religious schools—can and should exist in Vermont. Their specialized missions add diversity to our educational landscape. If a student excels at skiing, for example, attending a ski school for both academics and athletic training can be beneficial. But the issue arises when taxpayer dollars are used to support these independent schools without holding them to the same standards as public schools.

Over decades, Vermont’s legislature has permitted “other provisions” for educating youth, effectively creating two separate systems: one public and one independent. These operate under different sets of rules.

This dual system came under scrutiny following the U.S. Supreme Court’s Carson v. Makin decision, which ruled that states cannot exclude religious schools from publicly funded tuition programs if they choose to fund private education. Historically, Vermont denied funding to religious schools based on our constitution’s Article 3: “no person ought to, or of right can be compelled to…support any place of worship.” After Carson, Vermont’s Secretary of Education instructed districts to pay tuition to religious schools.

This shift reignited concern about Vermont’s dual education system. Before 1989, independent schools were considered public schools with private governance. That changed when independent schools successfully lobbied for a distinct classification—launching a split in publicly funded education.

Since then, laws and policies tailored to independent schools have often been more relaxed than those governing public schools. The Vermont State Auditor’s 2020 report made this disparity plain: “Approved Independent [Private] Schools Are Not Subject to Most of the Statutes and Rules That Govern Public Schools.”

This imbalance is what Friends of Vermont Public Education aims to fix. We believe that all schools receiving public dollars must:

Offer open enrollment without selective admissions
Protect students from dismissal without cause
Enforce consistent discipline policies
Employ licensed teachers in all classrooms
Measure and publicly report student outcomes
Meet Vermont’s Education Quality Standards (EQS)
Be overseen by a properly staffed apolitical body
Abide by accountability standards regardless of school size

Despite this stance, some independent school advocates claim we aim to shut down private schools and force the state to build new public schools. That’s a distortion. We don’t oppose independent schools—we oppose public funding without public accountability.

Another claim is that applying public school standards to independent schools would drive them out of business. They fail to articulate exactly which standards would lead to their demise but if a school’s business model depends on accepting tax dollars without accountability, it’s simply not a sustainable—or fair—model.

The Vermont Legislature holds both the authority and obligation to resolve this disparity. Unfortunately, recent legislative sessions reveal a troubling trend. While some lawmakers push reform within the public school system, they simultaneously defend the status quo for independent schools—even when taxpayer dollars are involved.

This discrepancy undermines equity. Public funding should demand public standards. We call on Vermonters to challenge the existing imbalance and demand fairness.

Friends of Vermont Public Education welcomes engagement with independent schools, legislators, and the Governor. Let’s discard the mischaracterizations and face the real issue: a dual system of accountability in taxpayer-funded education serves neither our students nor our citizens as well as should be. A uniform approach would improve opportunities for all students, and be more understandable to all.