Vermont’s public schools aren’t quite this bad, but many districts are burdened by years of deferred maintenance and replacement. The situation has gotten worse in the last decade-plus. And it won’t get better anytime soon. And that’s assuming that the Legislature finally takes action on a bill that would lay the foundation for maybe starting to address the problem a few years from now.

The background: Until 2007, the state of Vermont devoted roughly one-third of its capital budget to public school projects. That year, according to the bill’s text, the Legislature “suspended state aid for school construction in order to permit the Secretary of Education and the Commissioner of Finance and Management to recommend a sustainable plan for state aid for school construction.”

Since then, crickets. And a steadily growing list of needs, and many students learning in unsafe conditions. (See: Burlington High School’s precipitate relocation to the former Macy’s Department Store.) To again quote the bill, “the backlog… has resulted in unsafe and unhealthy learning environments and disparities in the quality of education between wealthier communities and communities in need across the state.”

Which, if unaddressed, could spark a lawsuit invoking the precedent of the Brigham decision. Because, duhh, affluent districts can afford to undertake capital projects while poorer districts are left to hang. Take one of those unfortunates, add an opportunistic (or idealistic, if you prefer) lawyer, and the state finds itself in court. In the uncomfortable position of defending inequity.

Two House committees, Education and Corrections/Institutions, have been trying for three years to identify a solution. Which would either involve (1) cutting deeply into the state’s capital budget or (2) finding a substantial pot of money. Last year they started a bill through the Legislature, but it stalled out because of the onset of Covid-19.

So it’s back this year. Bill 21-0782 is a “committee bill” being crafted by House Education, current text available here.

To be clear, the bill doesn’t invest any funds in school construction. No, we have to start these things very small and roll them out slowly.

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