The Common Benefits Clause of the Vermont Constitution provides “that government is, or ought to be, instituted for the common benefit, protection and security of the people, nation, or community, and not for the particular emolument or advantage of any single person, family, or set of persons.” Public education and public education dollars are common benefits. Although Vermont’s school voucher program started off consistent with the state’s Constitution, for reasons set out below our current school voucher program is unconstitutional, and the Legislature needs to refocus its attention on our common benefits.

Vermont’s current voucher model dates to 1991. Before that, tuition students enrolled in public schools in neighboring districts or in one of Vermont’s academies. The state allowed funding of academies through tuition to advance the purpose of a public education for the common benefit. Academies conformed to most standards and rules for public schools.

In 1991, the Legislature changed state law such that vouchers could be paid to private independent schools. Now payments of vouchers to religious schools show us how far vouchers have moved us away from our core Vermont values. The Legislature has abandoned our constitutional commitment to common benefits and turned school budgets into a source of funds for private interest. Vermont even sends public school dollars to elite prep schools in other states. Public money should be for public education, not private benefit. Any voucher to a school that does not serve a public purpose makes everyone pay more so that a handful of people can have taxpayer-funded benefits. At this point, school districts are compelled to fund programs that promote discrimination, segregation and the misuse of taxpayer dollars. The Vermont voucher program clearly needs to be revised to refocus on our common benefits.

The need to revise Vermont’s voucher program is further demonstrated by the fact that the program has facilitated the development of a private school system with negligible regulation, minimal oversight and with complete independence from duly elected school boards. There are a number of characteristics of private schools that vary directly with those of public schools.

Private schools can pick and choose who they accept, effectively taking public dollars but refusing to educate the public’s children. In private schools, faculty do not need to be certified in their field or be licensed by the state to teach. Private schools are not required to publish assessment results or other accountability factors. Employees of private schools are not protected by collective bargaining agreements and often have weak benefits. The citizens who pay the bill for these students do not get to vote on the school’s budget, and the unelected boards of directors of private schools have no obligation to the public that provides most of their revenue.

The State Board of Education is responsible for establishing rules for our education system. The board has resisted efforts to make standards for private and public schools the same. Tax dollars flow to private schools but with far fewer requirements. We no longer withhold funds from religious schools that openly discriminate. Vermont has seemly abandoned our commitment to common benefits, and we are openly violating our Constitution, but nobody seems to be paying attention.

In 2022, the US Supreme Court issued a decision in a case called Carson v. Makin that presents Vermont with a significant challenge but also a unique opportunity.

The Supreme Court held that a state need not pay funds to private schools, but once it does it cannot exclude religious schools. This runs counter to the Vermont Constitution, which since 1777 has contained a clause referring to the separation of church and state. Often called the Compelled Support Clause, it guarantees: (1) that people are free to practice whatever religion they choose, free of government intervention and (2) it restricts the flow of taxpayers’ dollars to support religious institutions.

The Vermont Legislature is now faced with the task of reconciling Carson v. Makin with the express mandate of the state’s constitution. The clear solution that will satisfy both of these mandates is for Vermont to end tuition payments to private schools. Bills have been introduced in the Legislature that would require districts that don’t operate schools for certain grades to designate up to three public schools and restrict tuition payments to whichever of those schools families choose. This would stop public funds from flowing to private schools.

This would keep education dollars in Vermont, help to pay our teachers’ salaries, help us to maintain our school infrastructure and help to support education that is available to all our children.

This change would affect relatively few students, but some private schools would likely be forced to close. However, the threat of a private school closing is not a reason to keep sending money to that school. Many public high schools have recently closed due to lack of enrollment. In the 10-town White River Valley Supervisory Union, where there had been four public high schools, there is now one high public school. These closures were due to declining enrollments, and declining enrolments will also force some private schools to close.

The Vermont Legislature needs to recognize that if Vermont were to stop sending money to private schools, this change would have a profound effect on the economic viability of many public school districts. Students that had gone to private schools in the past would now have to choose a public school to attend.

When students from voucher districts enroll in public schools, their enrollment reduces the per pupil cost of education, and lower per pupil cost leads to lower tax rates for everybody.

The correct path forward seems inescapable. The Legislature should end tuition payments to private schools. The benefits of this change in the state’s voucher program could have profound effects on public high school enrollments, and significantly lower local school taxes. Accordingly, I would urge everyone to contact your legislators with the simple message that we need to follow our constitutional mandates, refocus our attention on our common benefits, and stop using public money to support private schools.

G. Gregory Hughes is a former member of the Bethel School Board. This column is adapted from a speech he gave at the White River Valley Unified District’s annual meeting on March 4 in Bethel.