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Vermont Excludes Religious School Students from Education Program, DOJ Files Statement of Interest, Vermont 2023

Crime: Denial of Educational Opportunities

Parents and parochial high school students in Vermont claim that the State discriminated against them in violation of the Free Exercise Clause of the U.S. Constitution by barring them from a state program paying tuition for high school students to take up to two college courses.

The case, A.M. v. French, involves children attending religious schools who challenge their exclusion from Vermont’s ‘Dual Enrollment Program.’ This program provides Vermont high school students the opportunity to take up to two college courses while still in high school, with tuition paid by the State.

The program, however, excludes those students without a public high school in their district who choose to attend private religious schools.

Assistant Attorney General Eric Dreiband stated, ‘The Constitution’s First Amendment makes clear that students may not be excluded from education programs like the Dual Enrollment Program because of their religious status or their religious choices.’

U.S. Attorney for Vermont Christina Nolan added, ‘Religious liberty is a fundamental and foundational right in this country. We support the rights of students to both exercise their religion and participate fully in Vermont’s educational programs.’

The United States’ Statement of Interest emphasizes that excluding parochial school students from the Dual Enrollment Program would provide them with the same secular educational benefit—tuition at various local colleges—offered to other students. Excluding students from this secular benefit because they have chosen religious rather than nonreligious private schools is impermissible.

The case highlights the Department of Justice’s commitment to ensuring that all persons may participate in benefit programs without discrimination based on their faith.

Defendant: Vermont (State of Vermont), Crime: Denial of Educational Opportunities, City and State: Burlington, Vermont, Date: March 2023, Outcome: Currently pending in U.S. District Court for the District of Vermont.

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