Editor’s note: This commentary is by Rep. David Sharpe, of Bristol, a Democrat who represents the Addison-4 District in the Vermont House of Representatives. He is chair of the House Committee on Education.
[T]he recent commentary in VTDigger regarding Act 46 and its supposed restriction on tuitioning towns is a shameful and disingenuous representation of the law enacted in 2015. I did not write or design Act 46 alone, and any misrepresentation that I did is an effort to score cheap political points at the expense of our citizens.
This piece of legislation was constructed after years of feedback and a pressing urgency from parents, taxpayers, and school administrators to move Vermont to larger integrated K-12 school districts that could better serve our students while reducing the cost to our taxpayers. Experts and politicians on both sides of the aisle — including three commissioners/secretaries of education (Commissioner Richard Cate, Commissioner Armand Vileseca, and Secretary Rebecca Holcombe) — both Govs. Jim Douglas and Peter Shumlin, and most members of the Legislature have supported this process.
Act 46 is a bipartisan effort to find middle ground.
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Act 46 explicitly prevents the state from requiring towns to close schools or relinquish tax-funded tuition programs at any grade level. Any town that is hoping to take this sort of action is required to put it to a vote to their residents and examples of this have already happened in towns throughout Vermont. The communities of Elmore and Westford voted to discontinue offering vouchers to students within their communities and instead joined with the neighboring communities that are currently operating schools. Concord and Guildhall voted to close their schools and instead offer tuition to their students. Itโs crucial to note that these towns and districts have the ability to choose the best path forward for their students. Itโs also important to note that these actions would have been possible even without Act 46 under previously existing law. Act 46 provides a vehicle and incentive for these districts and towns to move forward on an accelerated track.
Part of the tension regarding so called โchoiceโ is that parents want the best opportunity for their child, a very natural desire on the part of a parent. School district school boards are responsible to deliver the best education for the children in their community within what taxpayers can afford. Meanwhile, the state and the Legislature are required by the stateโs Constitution to design a school system that delivers equity for all Vermont students. These three priorities are sometimes in conflict with each other and we worked in 2015 to create the best system possible to address all three.
Currently there are five different types of choice options available. Some are available in all Vermont communities while others are available due to special circumstances in our schools. The most talked about โchoiceโ option is tuition support voted for in communities that do not operate a school. This is where the family is given a voucher for their student to spend in any school in the world.
Act 46 is a bipartisan effort to find middle ground. While there will be some initial transitional costs, there will also be ongoing savings. Itโs for that reason that Act 46 leaves a great deal up to local control. What are the best choices for your community, what are the cost and tax implications of those choices? The fact that the votes to support Act 46 school districts have been so overwhelmingly positive is evidence that there is strong belief that we are moving in the right direction.

