Concerns are being raised about the constitutionality of Vermont's new education reform law. The Vermont Chapter of the American Civil Liberties Union is threatening legal action unless lawmakers make some key changes to the law early next year.
The main focus of the new law deals with the consolidation of school districts. But it also includes a provision that's designed to slow down the growth of school budgets.
It does this by creating what's known as "a variable cap." Starting next year, communities with low per pupil spending rates can increase their budget by roughly 3 percent before a significant penalty kicks in. Higher spending communities will be limited to a 1 percent increase. This budget threshold will be in effect for at least the next two years.
Allen Gilbert, the director of the Vermont chapter of the ACLU, says the new law is unconstitutional because it means that the low-spending towns will never be able to catch up to the high spending towns because they'd be subject to huge penalties.
“There is a violation of the central tenet of the Brigham decision, which is all towns must have equal access to school funds,” Gilbert says, referring to a 1997 state Supreme Court ruling that forced changes in education funding in Vermont.
Gilbert says the towns of Lowell and Danby are perfect examples of his concern. Lowell is a low-spending town and its per-pupil rate will be limited to roughly $11,700 before penalties are imposed. This contrasts with Danby, a high-spending community, where the per-pupil rate is $17,000 before hitting the penalty threshold.
"We're hoping that there's a way that can be found to fix what we think nobody really wanted to have happen, and that it can be done before any school budgets are considered and voted on next March." - Allen Gilbert, Vermont ACLU
Gilbert says the variable cap was a last-minute addition to the bill in the House that didn't receive enough scrutiny.
“We’re hoping that there's a way that can be found to fix what we think nobody really wanted to have happen, and that it can be done before any school budgets are considered and voted on next March,” he says.
Rebecca Holcombe, Vermont's secretary of education, notes that the variable cap wasn't part of the governor's original education plan. She says this issue needs to be looked at.
"We will work closely with the Legislature and with all parties to make sure we are delivering and supporting education in a way that's equitable and achieves the intention of our constitution, but also the goals of quality and equity for our students,” Holcombe says.
"We will work closely with the Legislature and with all parties to make sure we are delivering and supporting education in a way that's equitable." - Education Secretary Rebecca Holcombe
Meanwhile, Gilbert says if lawmakers fail to address this issue early in the 2016 session, it's likely that the law will be challenged in court.
"This is of concern to us, and we would consider requests for legal assistance from districts that might at some point be harmed by the provision,” says Gilbert.
Gilbert says he plans to meet with Secretary Holcombe later this month to discuss possible solutions to this problem.
