Vermont

There have been no recent developments in educational opportunity litigation in Vermont.

In Brigham v. State, students, property owners and school districts brought suit against the state, seeking a declaration that the school funding system violated their federal and state rights to education and equal protection. 692 A.2d 384 (1997). On a motion for summary judgment, the Vermont Supreme Court ruled that the state’s system of school finance, "with its substantial dependence on local property taxes and resultant wide disparities in revenues available to local school districts," deprived children of equal educational opportunity in violation of the education and "common benefit" clauses of the Vermont constitution.

The court stated:

"we are simply unable to fathom a legitimate governmental purpose to justify the gross inequities in educational opportunities evident from the record. The distribution of a resource as precious as educational opportunity may not have as its determining force the mere fortuity of a child's residence. It requires no particular constitutional expertise to recognize the capriciousness of such a system."

The court left the responsibility for fashioning a remedy to the legislature, which created a new school funding system expeditiously.

In 2004, a new set of plaintiffs brought suit challenging the constitutionality of the school funding system enacted by the legislature in response to the 1997 Brigham decision. The trial court granted the state’s motion to dismiss the complaint on the basis of judicial restraint, but the Vermont Supreme Court, drawing from its recognition in Brigham that "the court has a duty to hear plaintiffs’ claims on the alleged constitutional deficiencies of the education-funding system," found that plaintiffs pleaded facts sufficient to allow their claims to go forward at trial, though no trial was ever held. 889 A.2d 715 (Vt. 2005).

For more detailed information, email Education Justice.

"Laws for the encouragement of virtue and prevention of vice and immorality ought to be constantly kept in force, and duly executed; and 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." Vt. Const. Ch. II, § 68.

In Brigham v. State, the Vermont Supreme Court wrote that,

"Whether we apply the "strict scrutiny" test urged by plaintiffs, the "rational standard" advocated by the State, or some intermediate level of review, the conclusion remains the same; in Vermont the right to education is so integral to our constitutional form of government, and its guarantees of political and civil rights, that any statutory framework that infringes upon the equal enjoyment of that right bears a commensurate heavy burden of justification." 692 A.2d 384, 390.

The court further wrote that:

"absolute equality of funding is neither a necessary nor a practical requirement to satisfy the constitutional command of equal educational opportunity... differences among school districts in terms of size, special educational needs, transportation costs, and other factors will invariably create unavoidable differences in per-pupil expenditures. Equal opportunity does not necessarily require precisely equal per-capita expenditures, nor does it necessarily prohibit cities and towns from spending more on education if they choose, but it does not allow a system in which educational opportunity is necessarily a function of district wealth. Equal educational opportunity cannot be achieved when property-rich school districts may tax low and property-poor districts must tax high to achieve even minimum standards. Children who live in property-poor districts and children who live in property-rich districts should be afforded a substantially equal opportunity to have access to similar educational revenues. Thus, as other state courts have done, we hold only that to fulfill its constitutional obligation the state must ensure substantial equality of educational opportunity throughout Vermont." Id. at 397.

Vermont’s General Assembly has found that early education helps prepare at-risk children for success in school and contributes to the overall well being of society. The General Assembly has also found that "[t]he first five years of a child’s life are crucial to a child’s development," and that "[f]ailure to meet the needs of young children results in significant social costs in the future."

Early Education Initiative

Children are eligible for EEI if their families have incomes below 185 percent of the federal poverty level or if they have other risk factors, including a history of abuse or neglect, developmental delay, limited English proficiency, or social isolation.

The Vermont Department of Education administers EEI. Under the EEI program, all providers of pre-K services – public school districts, Head Start agencies, Parent-Child Centers, faith based centers and private childcare providers – are eligible to apply for a grant to operate a pre-K program.

EEI serves 3- and 4-year-old children who are economically disadvantaged (families have incomes below 185% of federal poverty level) or who exhibit other risk factors. The other risk factors include being English language learners, children with disabilities, and children who have suffered from or are at risk of abuse and neglect.

There are no state requirements regarding the length or duration of pre-K programs.

The Vermont Prekindergarten Education - Act 62

Public school districts opting to participate in VPE may offer pre-K through first provision of services, collaborative programs, directing contracting with other public or private providers, or any combination of these. Providers for VPE must have NAEYC accreditation or have at least a 3 or 4 start rating in the state Step Ahead Recognition Program.

If a school district provides VPE, it is open to all 3- and 4-year-olds, without regard to risk factors or other criteria.

There are no state requirements for length or duration of the program. VPE funding will only cover 10 hours a week of programming but districts are free to provide longer hours using local or other funds.

Vermont funds the State’s share of public education costs through the Vermont Education Fund. The Fund is supported by Vermont lottery proceeds, nonresidential property taxes, sales taxes and general appropriations. Local revenue makes up the remainder of education costs in the state.

Early Education Initiative

EEI is a competitive grant program. Public school districts, Head Start agencies and other private providers are eligible to apply for funding.

Grant applicants must be submitted by a partnership that includes at least one school district and one community early care and education program.  EEI funding has remained relatively stable over the past few years, though it continues to decrease and be below the level of funding seen in fiscal year 1996.

As of the 2009-2010 school year, EEI funding is awarded through a competitive grant process that requires all programs to submit grant proposals, even those that have received EEI funding in the past.

The Vermont Prekindergarten Education - Act 62

VPE provides funding to public school districts to either operate or contract out a preschool program. School districts are allowed to count resident preschool pupils in their full-time equivalent enrollment under the State’s school funding formula.

Although schools may enroll as many 3- and 4-year olds as they wish, reimbursement is capped at about half of the district’s total 3- and 4-year old population, and only covers 10 hours of programming a week.

In all cases, school districts are reimbursed for children served through VPE on a per students basis under the school funding formula.

According to the National Institute for Early Education Research (NIEER), Vermont served 52% of 4-year-olds, in its state preschool programs in 2009-2010, which is a slight decline from the 53% served in 2008-2009.

Vermont served 17% of 3-year-olds in the 2009-2010, which is the same percentage as the 2008-2009 and the 2007-2008 school year.

Quality Standards

Early Education Initiative

EEI reached 4 out of 10 benchmarks in the 2009-2010 school year.

The 4 benchmarks reached were:

• Early Learning Standards
• Requirement that teachers have specialized training in pre-K education
• Class size limits of 20 students
• Class ratio of 1:10 or better

The 6 benchmarks not met were:

• Teacher must Bachelor’s degree
• Assistant teacher must have a Child Development Associate credential, or equivalent
• Teacher in-service (15 hours)
• Screening/referral and support service
• Requirement to provide at least one meal a day
• Monitoring/Site visit program

The Vermont Prekindergarten Education - Act 62

VPE reached 4 out of 10 benchmarks in the 2008-2009 school year.

The 4 benchmarks reached were:

• Early Learning Standards
• Class size limits of 20 students
• Class ratio of 1:10 or better
• Screening/referral and support services

The 6 benchmarks not met were:

• Requirement that teachers have specialized training in pre-K education
• Teacher must have Bachelor’s degree
• Assistant teacher must have a Child Development Associate credential, or equivalent
• Teacher in-service (15 hours)
• Requirement to provide at least one meal a day
• Monitoring/Site visit program

Vermont requires all early childhood programs to document evidence of continuing observation, recording and evaluation of each child’s growth and development.

Vermont Statutes 

Appropriations Bill

Vermont Department of Education