With legislature under way, Gov. Scott sets tone and Education Commission seeks path forward

By Shawn Cunningham
© 2025 Telegraph Publishing LLC

With its interim report submitted and the holidays in the rear view mirror, the commission tasked with looking at the future of Vermont’s education system was getting down to looking at the work ahead on Jan. 6. Then, Gov. Phil Scott and the Democratic majority leaders in the State House weighed in and the direction the state was taking on education became more clear. But the commission’s role in it became less clear.

The 13-member commission had spent months working on a report to present to the legislature on short-term cost containment for Vermont’s education system.  While this report didn’t make recommendations it did explain the complexity of the situation, including the delivery of education (e.g. how many schools, how many teachers per student, etc.), governance (who makes those decisions) and finance (how the whole thing is paid for).  It also floated a list of possible actions that the legislature could take.

With public ire over last year’s property tax increases, attention has been focused on the finance piece, but the commission has warned repeatedly that changing one of those three – delivery, governance and finance – without taking the others into consideration would create upheaval in the education system.

Members of the commission meeting on Jan, 6

While members of the commission agreed that there was no singular solution – “no silver bullet”  — it delved into the funding issue on Jan. 6 by hearing a substantive presentation on  “foundation formulas” in education financing.

Foundation formula funding is centered on the idea of deciding how much it costs to educate one child and giving school systems that funding based on its student population. More funds can added for children who are more expensive to educate — English language learners, economically disadvantaged children and children with special needs for example. Many states use such formulas, but shape them to their needs.

Vermont does not currently use a foundation formula because that concept ran afoul of the Vermont Constitution and resulted in the Vermont Supreme Court’s Brigham decision of  1997.  That decision resulted in legislation – starting with Act 60 – that changed the way Vermont funded its schools. In its presentations to the Commission on the Future of Public Education, education consulting firm Augenblick, Palaich and Associates, based in Denver, spoke about the ways that a foundation formula — which its calls a Student Centered Formula — could be resurrected and not violate the state’s requirement for a “substantially equal” education for all.

One slide in the APA presentation allows for local funding for schools which was at the heart of the Brigham decision

But one slide from the APA presentation however does leave room for “local option funding” which Augenblick Vice President Amanda Brown referred to as the “whipped cream” in the funding. Added local funding by wealthy districts while poorer districts struggled to raise enough to give their students the basic education is what gave rise to the Brigham suit.

Then during very short press conference on Jan. 8, the House Democratic Caucus unveiled its five legislative priorities for the session. Majority Leader Lori Houghton said that Vermonters need real, tangible solutions and that the caucus “is listening.” First on the list was reforming education funding and strengthening public education. No tangible details were offered.

The following day, Gov. Scott gave over a substantial portion of his inaugural address to his forthcoming proposal on education, and went into far more detail than the legislators. In addition to addressing both governance and delivery in a way that sounds like far less local control, Scott said that a “student centered funding formula” would give children more and better opportunities while controlling the cost of education. The consulting firm Augenblick, Palaich and Associates lists Vermont’s Agency of Education as a client.

Allen Gilbert called the move toward a foundation formula a ‘nimble coup’ during the public comment period

But, at the end of the commission’s steering group meeting on Jan. 13, former Vermont ACLU chief Allen Gilbert said there had been a “nimble coup” as the Scott administration moved to take over a “wide swath of Vermont education policy.”

“The restructuring goes so far as to challenge one of the most significant legal decisions of the last 28 years (Brigham) and its focus on equal access to funding for children of all towns,” said Gilbert, calling it a “concentrated effort” by administration and legislators on both sides of the aisle to get rid of the formula that was triggered by Brigham.”

As for the commission and where it fits in to what is happening in the legislature, member Oliver Olsen of Londonderry said that they need to be realistic about what they can accomplish in the limited time they have. The commission must have a report ready for public comment by October and the final version to be delivered to the legislature in December of this year.

Olsen said he was concerned with the number of meetings available to work and felt the need for a clear plan and deliverables.

Commission chair Meagan Roy agreed and noted that the legislature has to decide how it wants to engage with the commission, which has to decide what it can do to be useful and productive. Commission member Nicole Mace said the commission is “uniquely positioned” to offer the legislature its discussions with stakeholders and the public, which can lend a depth of information to the legislature.

The group decided that more full commission meetings would be needed and perhaps fewer or no committee meetings if the group was to be able to keep up with the legislature and be useful.