Vitale v. Vermont - Liberty Justice Center

Vitale v. Vermont

Vitale v Vermont

Students in some Vermont towns can attend school at any public or private school of their choosing — even out of state — while others are trapped in public schools that don’t fit their needs.

For one family, their disabled 15-year-old son who requires a wheelchair and assistance with basic, daily activities, suffered neglect from his assigned public elementary school. Once he was forgotten in the bathroom. Without any other options, his parents, Sarah and Louis Vitale, now face financial hardship and are struggling to afford the school’s tuition after his eighth-grade year, because their local school district denies them the option to choose a school that can best serve their son.

Vermont’s Town Tuitioning system is one of the nation’s oldest publicly funded school choice programs, dating back to the early 1800s, affords some students full access to educational choice. However, there are inequities in access to the program — some students have limited access and still others have no access to at all.

A group of Vermont parents are suing the state and local school districts over unequal access to education under the state’s 150-year-old Town Tuitioning system. The parents say the program violates the state constitution by allowing children residing in certain school districts to attend the school of their choice and denying the same right to others.

Attorneys from the Liberty Justice Center filed a lawsuit in state court against the State of Vermont, the state’s Secretary of Education, the state Board of Education and four of Vermont’s public school districts — Windham Northeast Union Elementary School District, Bellows Falls Union High School District, Lake Region Union Elementary School District and First Branch Unified School District. The Liberty Justice Center is a national, nonprofit law firm that fights to protect school choice across the country and is best known for its 2018 U.S. Supreme Court victory in Janus v. AFSCME.


The parents are represented by attorneys from the Liberty Justice Center and Vermont attorney Deborah Bucknam. Vitale v. Vermont was filed on Dec 21, 2020, in the Orleans Unit of Vermont Superior Court.


Complaint 12/21/2020

Press Release 01/05/2021

Response to Motion to Dismiss 03/08/2021

Appellants' Principal Brief 06/08/2022

Appellants' Printed Case 06/08/2022

Appellants' Reply Brief 10/21/2022

Want to Learn More?

You might Also like

Former ASU Student Appeals Conviction for Distributing Constitution- Newsmax

This article by Nicole Wells was published January 27, 2023 on  Former Arizona State Student Appeals Conviction for Distributing Constitution Copies Liberty Justice Center filed an appeal on behalf of a former Arizona State University student who was convicted of trespassing when he handed...

Virginia’s Discriminatory Ambassador Program – Courthouse News Service

This article by Joe Dodson was published December 8, 2022 on Virginia parents argue school ambassador program is discriminatory. Three Loudoun County parents say the school district’s student ambassador program, meant to combat systemic racism, discriminates against students based on their race and viewpoints....