Vermont legal experts tell lawmakers Brigham requires “substantial equality” of opportunity, but leaves wide legislative discretion

A panel convened by members of the Vermont Legislature told lawmakers Wednesday that the Vermont Supreme Court’s Brigham decision requires the state to provide “substantial equality of educational opportunity” but leaves broad latitude for the Legislature to design how to meet that standard.

Professor Peter R. Teachout, a law professor at Vermont Law School, told the panel, “We hold only that to fulfill its constitutional obligation, the state must ensure substantial equality of educational opportunity throughout Vermont.” That phrase, he said, is the controlling test the court established in Brigham.

The issue matters because the standard affects decisions about the state school funding formula, including whether to rely on a foundation-style approach, how to account for differences in district costs and resources, and how to treat tuitioning and voucher-like programs. Panelists—Teachout and attorneys James Valenay and Joshua Diamond—reviewed Brigham, subsequent litigation including Boyd and Vitale, and practical evidentiary hurdles in court challenges.

Teachout summarized three core points from Brigham: the court rejected an adequacy-only test in favor of equality of opportunity;…