Christian School Files Federal Appeal Over Vermont’s Act 73 Tuition Exclusion

Mid Vermont Christian School in Quechee has filed a lawsuit against the state of Vermont, challenging the exclusion of religious schools from the state’s tuition and public education benefit programs under Act 73. The school, represented by Alliance Defending Freedom, argues the law violates the First Amendment by effectively barring religious institutions from participating in the Town Tuition Program, Dual Enrollment Program, and Early College Program.

Attorneys with Alliance Defending Freedom submitted an opening brief to the U.S. Court of Appeals for the 2nd Circuit on June 24, 2025, on behalf of the school and one of its families in the case, Mid Vermont Christian School v. Saunders. The appeal seeks to overturn Act 73, which the school claims imposes eligibility requirements that exclude all approved religious independent schools while allowing most secular private schools to remain eligible.

Vermont’s Town Tuition Program provides public funding for students in districts without their own public high schools, enabling them to attend approved public or private schools. The lawsuit alleges that the new law continues a long-standing policy of excluding religious schools from these programs, despite a 2021 ruling by the 2nd Circuit that found Vermont’s previous exclusion of religious schools from the tuition program unconstitutional.

Alliance Defending Freedom Senior Counsel David Cortman stated that the state continues to discriminate against religious schools despite the earlier court decision. “Religious schools and the families they serve aren’t second-class citizens,” Cortman said. “All parents should be able to send their kids to schools that are the best fit for them, and the First Amendment protects parents’ right to choose religious schools.”

The appeal follows an earlier phase of the litigation involving the school’s removal from statewide athletic competition after the school forfeited a girls’ basketball tournament game against a team with a transgender athlete. That portion of the lawsuit was settled earlier this year, though the broader legal battle continues.

The case highlights ongoing tensions between religious liberty and public policy, raising questions about the balance between state funding and constitutional rights. As the legal process unfolds, the issue remains a focal point for discussions on governance, accountability, and the protection of religious institutions within public education frameworks.

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