CHITTENDEN SCHOOL DIST. v. DEPT. OF EDUC.

No. 97-275.

738 A.2d 539 (1999)

CHITTENDEN TOWN SCHOOL DISTRICT and Cynthia Andrews, et al., Intervenors, v. DEPARTMENT OF EDUCATION and Elizabeth Sojourner, et al., Intervenors.

Supreme Court of Vermont.

June 11, 1999.


Attorney(s) appearing for the Case

John A. Facey, III of Reiber, Kenlan, Schwiebert, Hall & Facey, Rutland, and William H. Mellor, III, Clint Bolick and Richard D. Komer, Institute for Justice, Washington, DC, for Plaintiff-Appellant.

William H. Meub and Orland Campbell, Jr., of Keyser, Crowley, Meub, Layden, Kulig & Sullivan, P.C., Rutland, for Plaintiffs-Intervenors-Appellants Cynthia Andrews, et al.

William H. Sorrell, Attorney General, Mark J. Di Stefano, Assistant Attorney General, and Paul C. Fassler and Karen L. Richards, Special Assistant Attorneys General, Montpelier, for Defendant-Appellee.

Mitchell L. Pearl of Langrock Sperry & Wool, Middlebury, and Joel D. Cook, Vermont-NEA, Montpelier, for Defendants-Intervenors-Appellees Elizabeth Sojourner, et al.

A. Jeffrey Taylor, Rutland, Martin S. Kaplan and Stephen A. Jonas of Hale and Dorr LLP, Boston, Massachusetts, and Lisa Thurau, New York, New York, for Amicus Curiae National Committee for Public Education & Religious Liberty.

Present DOOLEY, MORSE and JOHNSON, JJ., and ALLEN, C.J. (Ret.) and GIBSON, J. (Ret.), Specially Assigned.


DOOLEY, J.

In this declaratory judgment action, we are again called upon to consider the constitutional implications of the Vermont statutes authorizing school districts to provide high school education to their students by paying tuition for nonpublic schools selected by their parents. See 16 V.S.A. §§ 822 and 824. In Campbell v. Manchester Board of School Directors, 161 Vt. 441, 641 A.2d 352 (1994), we concluded...

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