[T]uesday night lawmakers heard from Vermonters whose communities are struggling to fit into school district merger options outlined in law.
A few were supportive, but many were clearly unhappy, and several speakers suggested that lawmakers change the funding formula and throw out Act 46, the 2015 law that compels school districts to consider mergers with neighboring districts.
The House Committee on Education held a hearing Tuesday night to gather feedback on S.122, a Senate bill that gives towns more flexibility under Act 46 by providing more consolidation options.
While 96 towns and 104 school districts have voted to form into larger districts since Act 46 was signed into law in 2015, 27 towns have rejected mergers at the ballot box. A few study committees are teetering on the brink of divorce while others have given up. The state originally had more than 270 separate school districts — more than any other state in the nation.
The hearing room Tuesday was packed with people, more than 40 signed up to speak, and each was given three minutes to share concerns. Some speakers had also attended the March State Board of Education meeting to make a case for alternative governance plans. The secretary of education explained that the agency and state board have to implement the law as written and encouraged them to speak with the Legislature.
So, they did. Some came to say that S.122 is so narrow that it will only help out a few areas in the state. Some said Act 46 had caused deep divisions in their communities and implored lawmakers to trust local people instead of pushing another top-down approach.
Several wanted to make their case in person, directly to the State Board of Education. They also wanted an appeal process if merger plans are rejected by the board.
Scott Thompson of Calais said S.122 is an example of lawmakers overthinking. Towns are coming up with progressive solutions that state officials haven’t thought of, according to Thompson. “The law has seemed to become the chief obstacle to improving governance in Vermont.”
Margaret MacLean, a Peacham resident and critic of Act 46, said in an interview that towns want to comply with the law through applications for alternative governance structures.
MacLean and a number of others have hung their hopes on companion bills S.15 and H.15, that would elevate “alternative structures.” The legislation would eliminate district structures in Act 46; change timelines and provide protections around small school grants; and require the State Board of Education to give case-by-case consideration to districts proposing alternatives.
Under Act 46, school districts that choose not to merge lose certain protections such as a small schools grant and funding for phantom students that help with declining enrollments.
Sen. Phil Baruth, chair of the Senate Education Committee and author of S.122, said that S.15 offered too many off-ramps and misunderstood the intent of Act 46.
School districts across the state are supposed to merge if it is at all possible. The few that are unable to merge would work with the Agency of Education and the state board to come up with the best way forward.
Last week, school districts in the North Country Supervisory Union decided not to consider unifying.
John Castle, North Country Supervisory Union superintendent and an outspoken critic of Act 46, said he didn’t care much for the Senate bill. “Although S.122 may provide some flexibility, it seems like tinkering with the law to further push square pegs into round holes.”
Castle suggested modifying the law to make sure small, high poverty schools can continue to get a small schools grant if they don’t merge.
Some Dummerston residents spoke about a carve-out in the bill that lets Vernon opt out of its union school district without all the other towns agreeing. Dummerston has twice thwarted Vernon’s attempts to pursue a merger with another district.
Rep. Mike Hebert, R-Vernon, has said that Dummerston is preventing Vernon from leaving so that it can avoid merging.
“Dummerston’s ‘choice’ needs protection just as much as that one town’s does,” Dan Normandeau said, adding that residents wish to preserve their excellent schools.
“Why would you support legislation written for a chosen few? If you wish to help a town, please do so in an equitable manner and allow all towns that privilege. I keep hearing how Montpelier is better than Washington. It’s time to walk the talk.”
Speakers from several areas supported S.122 and spoke about parts of the bill that help them. Grand Isle’s Andy Julow said one of the new structures in the bill helps his recently merged school district. They started with five communities but after the vote had three. A new version of a side-by-side opens up possibility for a better unification.
“We would love to continue to work with our neighbors in South Hero and Alburgh,” Julow said, adding that it would give them some certainty and remove the threat that the state might still change their setup in 2019.
Debra Taylor, superintendent of Rutland Central Supervisory Union, also asked lawmakers to support S.122 because it will allow Rutland Town and Ira to join a plan that will bring together two supervisory unions.
On Town Meeting Day, Lemington voters decided not to join the NEK Choice mega school district — a merger of 10 school districts that pay tuition for students in preK-12 — because of taxes.
Last year, Lemington had the highest school taxes in the state, according to Sharon Ellingwood White. There are around 100 residents, but more students moved in this past year and it has made the tax burden worse.
If Lemington joined the unified school district it would have been locked into a high tax rate.
“We are in a poor corner of the state, our taxes have doubled in two years. We have a choice to merge, but we can’t afford to merge and go in at this rate, but we can’t afford to stay out,” said Ellington White. She asked lawmakers to abolish the 5 percent tax throttle for outlier districts.
Taxes and Act 68 were on the mind of Chris Mieli from Ludlow, who came to talk about how unfair it is that his town pays more into the education fund than it gets out of it, yet the merger plans being considered would likely close Black River High School.
“In my town we raised $20 million in education taxes, we need $4 million to run two schools. We send out $16 million to everybody else and now you are telling me we are gonna pay and we have to close our school? Why are you undercutting the communities? You are taking away our infrastructure with these acts,” he said.
Mieli argued that several years ago they merged their supervisory union. Now they are being told they haven’t done enough. “The only thing I think you should do with S.122 is use it to repeal Act 46,” he said to applause.
Then he urged lawmakers to look at Act 68 and fix the education funding formula instead of forcing consolidations. “Let’s take on the hard challenges,” he said, and fix what is wrong with Act 68, instead of making new legislation on top of new legislation.
Correction: Sharon Ellingwood White’s name was corrected at 10:15 a.m. April 7, 2017.
