Education Committee tries again to stop public tuition flow to religious schools

Senate, House leaders at odds on paid family leave

by Guy Page

Big changes on big bills are being pushed by Senate and House chairs in the Vermont Legislature.

‘Green’ Challenge to Housing Bill – Senate Housing Bill S.100 would (among many other proposed changes) expand from 10 to 25 the number of housing lots permitted to be built without Act 250 review outside of designated downtown and growth areas. Act 250’s control – some say strangling – of large housing developments has been a sore spot for the housing industry and other supporters of construction of traditional single-family home development, of the kind little seen in Vermont in recent decades.

In response to the state’s housing shortage crisis, the Senate Economic Development Comittee voted out S.100, including raising the cap from 10 lots to 25. Au contraire, the Senate Natural Resources and Energy Committee responded with an amendment allowing 25-lot development in downtown/development areas, but otherwise restoring the 10-lot limit. 

The Natural Resources version also ‘sunsets’ the cap expansion after three years. 

Expect an intense struggle on the Senate floor between 25-lot supporters (Sens. Randy Brock, Kesha Ram and others) who will argue the need for more housing, and others who prefer the 10-lot status quo (Sen. Chris Bray and others) in support of protecting natural resources and reducing sprawl. 

Private/Religious School Funding with Public Tuition – the House Education Committee may vote out a bill that would – in practice – prevent public school tuition to religious schools, as required by a recent U.S. Supreme Court decision. 

A committee bill, numbered 23-0910 – Eligibility of approved independent schools to receive public tuition, is up for discussion today and could be voted out tomorrow, ahead of the Crossover deadline which all non-money bills must meet in order to be considered this year by the other house of the bi-cameral Legislature. This bill is a response to the State Dept. of Education’s finding that a private school tuition bill introduced earlier this year wouldn’t pass Constitutional muster based on the Carson V. Makin Supreme Court decision requiring states to pay public school tuition to private religious schools for communities with no public high school. 

This committee bill would require that all private school recipients follow anti-discrimination guidelines and laws regarding LGBTQ hiring and educational policy. This guideline would violate the religious tenets of many private Christian schools, thus making them choose to 1) adopt pro-LGBTQ hiring and educational policies or 2) refuse and forfeit accss to public tuition. 

Some observers see this committee bill as an obvious end-run attempt around Carson V. Makin, which if passed would likely face a similar court challenge. 

In committee today, lawmakers heard discussion about whether to require all private schools – not just religious schools – to offer open enrollment. Private schools’ ability to pick and choose who to educate has long been a sticking point with advocates of public schools, which do not have that option.  

Paid family leave dispute – A day before the House Committee on Housing and General Affairs expanded the scope of its universal paid family and medical leave bill, with a $100 million-plus pricetag, a key Senate chair introduced a proposal to merge child care and paid family leave initiatives at far less cost.

H.63 would add ‘safety leave’ to family and medical leave, and also expand who would qualify. Finance Chair Sen. Jane Kitchell’s proposal has yet to be discussed in depth or voted on by the Senate, but does set the tone for the Senate’s take on how money should be spent on these two high-priority policy items.

Supporters of the Kitchel plan say the Legislature can always fall back on Gov. Scott’s voluntary paid family and medical leave program, which woulc cost far less.

One high profile bill that isn’t a subject for intra-chair dispute is S.37, the abortion/transgender shield bill that also would empower the Vermont Attorney General to charge pro-life crisis pregnancy centers with ‘deceptive’ practices regarding advertising and marketing of abortion services (or lack thereof). The bill goes to the Senate floor this afternoon, where it is likely to win approval.

The following is a list of high-profile legislation scheduled for review this week.

S. 100 – Attempts to address severe housing shortages

H. 276 – Creates a rental housing registry

H. 409 – Restricting the use of restraints and seclusion in schools

23-0910 – Eligibility of approved independent schools to receive public tuition

H. 288 – Reduces liability for sale of alcohol to intoxicated persons

H. 251 – Issuance of a Brady letter, misconduct under jurisdiction of the Vermont Criminal Justice Council

H. 125 – Revises rules for various boards and commissions

H. 291 – Creates the Cybersecurity Advisory Council

H. 288 – Reduces liability for sale of alcohol to intoxicated persons

H. 27 – Coercive controlling behavior basis for abuse order

H. 230 – Reduce suicide by reducing “access to lethal means”

S. 103 – Makes even more minor or one-time discrimination unlawful

S. 102 – Strengthens employee protections, abolishes at-will termination

S. 42 – Prohibits State retirement systems from investing in fossil fuels

S. 17 – Sheriff reforms

S. 32 – Ranked-choice voting for presidential primary elections

S. 39 – Legislators’ pay and benefits

S. 27 – Reducing usage of cash bails 

S. 89 – Establishes a forensic facility, allows involuntary psych treatment

S. 93 – Repeals tax exemptions for advanced wood boilers

S. 63 – Medicaid cover three rounds of in-vitro fertilization

S. 48 – Regulating sale of catalytic converters

Schedule for All Vermont Legislature Committees this week: Click on Committee name for Zoom links. Agenda listings top-line only, not inclusive. Click here to see the complete weekly schedule of all committees on one page. Click here for list of all committees and links to their bills, members and contact information. 

House Agriculture, Food Resiliency, and Forestry

23-0761 – An act relating to miscellaneous agricultural subjects

H. 205 – An act relating to establishing the Small Farm Diversification and Transition Program

H. 81 – Ensure fair repair of agricultural equipment

House Appropriations

H. 77 – Adopting the Physical Therapy Licensure Compact

H. 86 – Audiology, Speech Pathology Interstate Compact

H. 62 – Interstate Counseling Compact

House Commerce and Economic Development

23-0991 – An act relating to workforce development and economic development

H. 87 – Access to wages before payday

H. 10 – Create VEGI oversight board

H. 288 – Reduces liability for sale of alcohol to intoxicated persons

House Corrections and Institutions

Governor’s FY24 – FY25 Capital Budget Proposal

H. 102 – Amends the Art in State Buildings Program

FY22 – FY23 Capital Budget Adjustment

House Education

PCB Mitigation Funding

H. 416 – Promote teacher workforce development

H. 409 – Restricts the use of restraints and seclusion in schools

23-0910 – Eligibility of approved independent schools to receive public tuition

House Environment and Energy

H. 70 – Restrictions on telecommunications sitings

H. 110 – Extends application period for telecom siting

H. 31 – Aquatic nuisance control moratorium

House General and Housing

H. 276 – Creates a rental housing registry

H. 213 – Commissions study on mobile homes and mobile home parks

H. 332 – Forms committee to enforce compliance to building energy codes

H. 378 – Creates the Office of the Housing Advocate

H. 391 – Creates an eviction diversion program

House Government Operations and Military Affairs

23-0969 – An act relating to miscellaneous amendments to alcoholic beverage laws

23-0907 – An act relating to miscellaneous changes to law enforcement officer training laws

23-0959 – An act relating to the Vermont Criminal Justice Council Recommendations Bill

H. 251 – Issuance of a Brady letter, misconduct under jurisdiction of the Vermont Criminal Justice Council

H. 125 – Revises rules for various boards and commissions

H. 291 – Creates the Cybersecurity Advisory Council

House Health Care

H. 282 – Adopts the Psychology Interjurisdictional Compact

H. 77 – Adopting the Physical Therapy Licensure Compact

H. 86 – Audiology, Speech Pathology Interstate Compact

H. 62 – Interstate Counseling Compact

H. 414 – Creates an unused drug repository for Vermont

Suicide Prevention

House Human Services

H. 222 – Expands legal med-assisted treatment for opioid addiction

Proposed Changes in Medical Cannabis Programs

H. 171 – Amends adult protective services

House Judiciary

H. 288 – Reduces liability for sale of alcohol to intoxicated persons

H. 27 – Coercive controlling behavior basis for abuse order

H. 230 – Reduce suicide by reducing “access to lethal means”

House Natural Resources, Fish & Wildlife

Not yet published

House Transportation

Governor’s Proposed FY2024 Budget

23-0157 – Transportation Program and miscellaneous changes to laws related to transportation

House Ways and Means

Property Valuation Modernization

H. 127 – Legalizes sports betting

H. 66 – Mandated family and medical leave insurance

H. 158 – Expands the beverage container redemption system

23-0864 – An act relating to technical and administrative changes to Vermont’s tax laws

H. 165 – Requires public schools to serve free meals

Senate Agriculture

Organic Dairy Farm Crisis

23-0138 – Protection from nuisance suits against farming

Crop Damage Liability

Follow-up to Task Force to Revitalize the Vermont Dairy Industry Report

Senate Appropriations

S. 37 – Access to abortion and gender-reassignment

S. 6 – Police interrogation of juveniles

FY24 Budget

Senate Economic Development, Housing, and General Affairs

S. 103 – Makes even more minor or one-time discrimination unlawful

S. 102 – Strengthens employee protections, abolishes at-will termination

S. 73 – Makes cancers eligible for firemens’ workers comp. coverage

S. 30 – Sister State Program

Senate Education

23-0756 – An act relating to school safety

23-0909 – Miscellaneous changes to education law

Senate Finance

S. 94 – An act relating to the City of Barre tax increment financing district

S. 93 – Repeals tax exemptions for advanced wood boilers

S. 63 – Medicaid cover three rounds of in-vitro fertilization

S. 115 – Makes amendments to a variety of agricultural subjects

S. 35 – Hartford’s infrastructure financing

S. 65 – Requires commercial insurance to cover epinephrine auto-injectors

S. 112 – Makes misc. changes to Public Utility Commission policy

S. 60 – Authorizes municipal adoption of local option taxes

Senate Government Operations

Emergency Response Communications

S. 42 – Prohibits State retirement systems from investing in fossil fuels

S. 17 – Sheriff reforms

Emergency Response Communications Committee Bill (DR 23-0775)

S. 32 – Ranked-choice voting for presidential primary elections

S. 39 – Legislators’ pay and benefits

23-0938 – An act relating to delinquent financial disclosure penalties and municipal ethics framework

Senate Health and Welfare

S. 47 – An act relating to the transport of individuals requiring psychiatric care

S. 56 – Public preschool and other childcare, education changes

S. 36 – Permits arrest without a warrant

S. 25 – Banning certain harmful chemicals from cosmetic, health products

S. 47 – Transport of individuals to psychiatric care

S. 91 – Changes rules of legal competency, insanity defense

S. 73 – Makes cancers eligible for firemens’ workers comp. coverage

Senate Institutions

Governor’s FY24 – FY25 Capital Budget Proposal

Forests, Parks and Recreation

Senate Judiciary

S. 27 – Reducing usage of cash bails 

S. 89 – Establishes a forensic facility, allows involuntary psych treatment

S. 79 – Limits hospital liens on patients

S. 33 – Miscellaneous Judiciary procedures

S. 91 – Changes rules of legal competency, insanity defense

Senate Natural Resources and Energy

S. 100 – Attempts to address severe housing shortages

Energy Efficiency Modernization Act

S. 80 – Various environmental, conservation law changes

Senate Transportation

S. 48 – Regulating sale of catalytic converters

Public Transit Route Performance Report, Mobility and Transportation Innovation Grants Program, Value of Braided Services, Updates on the eBuses and Microtransit Pilots