Mid-Vermont MTD

Case 2:23-cv-00652-gwc Document 28 Filed 01/31/24 Page 1 of 14
UNITED STATES DISTRICT COURT

FOR THE
DISTRICT OF VERMONT
MID VERMONT CHRISTIAN SCHOOL, on )

behalf of itself and its students and its students’ )
parents; A.G. and M.G., by and through their )
parents and natural guardians, Chris and Bethany )
Goodwin; CHRISTOPHER GOODWIN, )
individually; BETHANY GOODWIN, individually; ) Civil Case No.: 2:23-cv-00652
T.S. and K.S., by and through their parents and )
natural guardians, Nathaniel and Dawna Slarve; )
NATHANIEL SLARVE, individually; and )
DAWNA SLARVE, individually; )
)
Plaintiffs, )
v. )
)
HEATHER BOUCHEY, in her official capacity as )
Interim Secretary of the Vermont Agency of )
Education; JENNIFER DECK SAMUELSON, in )
her official capacity as Chair of the Vermont State )
Board of Education; CHRISTINE BOURNE, in her )
official capacity as Windsor Southeast Supervisory )
Union Superintendent; HARTLAND SCHOOL )
BOARD; RANDALL GAWEL, in his official )
capacity as Orange East Supervisory Union )
Superintendent; WAITS RIVER VALLEY )
(UNIFIED #36 ELEMENTARY) SCHOOL )
BOARD; and JAY NICHOLS, in his official )
capacity as the Executive Director of The Vermont )
Principals’ Association, )
)
Defendants. )
__________________________________________
SCHOOL DEFENDANTS’ MOTION TO DISMISS

NOW COME Defendants, Christine Bourne, in her official capacity as Windsor Southeast
Supervisory Union Superintendent; Hartland School Board; Randall Gawel in his official capacity
as Orange East Supervisory Union Superintendent and Waits River Valley (Unified #36
Elementary) School Board (“School Defendants”), by and through their attorneys, Lynn, Lynn,
Blackman & Manitsky, P.C., and hereby request that the Court dismiss all claims against them in
this action pursuant to Fed. R. Civ. P. 12(b)(1) and (6). In support thereof, the School Defendants
respectfully submit the following Memorandum of Law.
MEMORANDUM OF LAW
The claims in this case concern allegations about decisions made by the State of Vermont
and the Vermont Principals Association (“VPA”). It appears that Plaintiffs added the School
Defendants in an abundance of caution because they ultimately send the tuition checks to approved
independent schools such as Plaintiff Mid Vermont Christian School. However, by statute, the
School Defendants have no decision-making authority about which private schools receive
Vermont tuition dollars. The Court must dismiss School Defendants because Plaintiffs lack
standing on any of the claims against them.
Equally significant, Plaintiffs’ claims are moot because, following guidance from the State,
the School Defendants have paid the tuition in question to Mid Vermont Christian School.
Finally, the Court should dismiss for failure to state a claim because Plaintiffs fail to
identify any policy or custom of the School Defendants that is the cause of the alleged harm.
Rather, the School Defendants have simply complied with Vermont law.
Accordingly, the Court should grant the motion to dismiss for lack of standing, mootness,
and failure to state a claim.
I. Background
For purposes of this motion only, the School Defendants summarize the following relevant
allegations set forth in Plaintiffs’ Complaint and accompanying Exhibits. Newman & Schwartz v.
Asplundh Tree Expert Co., Inc., 102 F.3d 660, 662 (2d Cir. 1996) (“on a motion to dismiss we
2
presum[e] that general allegations embrace those specific facts that are necessary to support the
claim”). 1
Plaintiff Mid Vermont Christian School (“Mid Vermont”) is a private, Christian, pre-K
through 12th grade school located in Quechee, Vermont. Compl. ¶ 29. Mid Vermont has students
attending this year who have previously participated in the state’s Town Tuitioning Program and
who desire to continue participating in the program. Id. ¶ 31. Pursuant to the Town Tuitioning
Program, Vermont school districts must either maintain their own high school or “provide for the
high school education of its students by paying tuition to a public high school, an approved
independent high school, or an independent school meeting education quality standards, to be
selected by the parents or guardians of the student, within or outside the State.” Id. at ¶ 126
(quoting 16 V.S.A. § 822(a)(l)). The Vermont Agency of Education (“Agency”) decides which
schools are approved as “independent schools” capable of receiving public benefits in the state,
including funding through the Town Tuitioning Program. Id. at ¶ 81. According to Plaintiffs, the
Agency denied Mid Vermont’s application for approved independent status and instead designated
it as a recognized school, which designation meant that the School Defendants were barred from
sending Town Tuitioning funds to Mid Vermont. Id. at ¶ 82. Nonetheless, the School Defendants
fulfilled their statutory obligation to pay tuition requests for certain Plaintiffs to attend Mid
Vermont, but Mid Vermont sent those tuition checks back to the School Defendants. Id. at ¶¶ 84-
94. After the School Defendants received guidance from the State that Mid Vermont is still an
Approved Independent School, they sent the tuition checks to Mid Vermont a second time. See
Bourne and Gawel Affidavits, attached as Exhibits A and B.
1
However, if “jurisdictional facts are placed in dispute, the court has the power and obligation to decide issues of fact
by reference to evidence outside the pleadings[.]” Tandon v. Captain's Cove Marina of Bridgeport, Inc., 752 F.3d
239, 243 (2d Cir. 2014) (citation omitted).
3
Plaintiffs acknowledge that the Vermont State Board of Education is charged with
oversight of the Town Tuitioning Program. Id. at ¶ 127. The approved independent school
designation is conferred by the Vermont State Board of Education and recognized by the Agency.
Id. at ¶ 136. Apparently, the Agency denied Mid Vermont’s designation as an approved
independent school capable of participating in the State’s Town Tuitioning Program because of
Mid Vermont’s refusal to abide by certain anti-discrimination pledges, pursuant to an Agency
Rule. Id. at ¶ 156. After School Defendants sent Town Tuitioning Program tuition payments to
Mid Vermont in September 2023 for the 2024 school year, Mid Vermont informed the School
Defendants of its change in Agency status and the corresponding implication that the School
Defendants therefore could not send tuition payments to Mid Vermont, and the School Defendants
accordingly requested that Mid Vermont send back those payments. Id. at ¶¶ 172-185. After the
School Defendants received guidance from the State that Mid Vermont is still an Approved
Independent School, they sent back the tuition checks to Mid Vermont a second time. See Ex. A,
B.
Based on the foregoing conduct, Plaintiffs assert six claims against the School Defendants,
including: (1) Violation of the Free Exercise Clause: Religious Discrimination & Hostility; (2)
Violation of the Free Exercise Clause: Not Neutral or Generally Applicable; (3) Violation of the
Free Speech Clause; (4) Violation of the First Amendment: Religious Autonomy; (5) Violation of
the First Amendment: Expressive Association; and (6) Violation of the Fourteenth Amendment:
Fundamental Parental Right to Control the Upbringing of Children. See generally Compl.
II. All Claims against the School Defendants Must be Dismissed because Plaintiffs
Lack Constitutional Standing.
Article III of the U.S. Constitution requires that a plaintiff satisfy “three elements” of
standing. Lujan v. Defs. of Wildlife, 504 U.S. 555, 560 (1992). “First, the plaintiff must have
4
suffered an injury in fact—an invasion of a legally protected interest which is (a) concrete and
particularized . . . and (b) “actual or imminent, not conjectural or hypothetical[.]” Id. (citations
omitted). “Second, there must be a causal connection between the injury and the conduct
complained of—the injury has to be fairly traceable to the challenged action of the defendant, and
not the result of the independent action of some third party not before the court.” Id. (cleaned up).
“Third, it must be likely, as opposed to merely speculative, that the injury will be redressed by a
favorable decision.” Id. at 561 (citations omitted). “The party invoking federal jurisdiction bears
the burden of establishing these elements.” Id. A dismissal for lack of standing is “one for lack
of subject matter jurisdiction,” because, where the court lacks standing, it “lacks the power to
adjudicate the merits of the case[.]” Carter v. HealthPort Techs., LLC, 822 F.3d 47, 54-55 (2d
Cir. 2016).
As Plaintiffs fail to satisfy all three elements required for standing, the Court should dismiss
the claims against the School Defendants.
A. Plaintiffs Have Not Suffered an Injury in Fact
As to the first element in the standing analysis, injury in fact, the injury must be
“particularized” in that it “must affect the plaintiff in a personal and individual way.” Spokeo, Inc.
v. Robins, 578 U.S. 330, 339, 136 S. Ct. 1540, 1548, 194 L. Ed. 2d 635 (2016) (citation omitted).
The injury must also be “concrete” in that it “actually exist[s]” and is not “abstract[.]” Id. In
addition,“[a] plaintiff seeking injunctive or declaratory relief cannot rely on past injury to satisfy
the injury requirement but must show a likelihood that he or she will be injured in the future.”
McCormick ex rel. McCormick v. Sch. Dist. of Mamaroneck, 370 F.3d 275, 284 (2d Cir. 2004).
Here, quite simply, Plaintiffs cannot establish injury as a matter of law, as to the School
Defendants, because Plaintiffs caused the injury they now complain of. As demonstrated in
5
Exhibits A-D, attached herein, and as omitted from Plaintiffs’ Complaint Exhibits 7 and 8, the
School Defendants paid Mid Vermont pursuant to the Town Tuitioning Program for the 2024
school year. 2 Mid Vermont then reached out to the School Defendants, indicating that it was no
longer an Approved Independent School, and inquiring whether it should send back such payments
to the School Defendants. The School Defendants then requested return of the payments, pending
guidance from the Agency. Pls.’ Compl. Exs. 7, 8. Following guidance from the State that Mid
Vermont is still an Approved Independent School, the School Defendants remitted the tuition
checks to Mid Vermont a second time. Exs. A-F.
Additionally, and importantly, the Agency website’s current directory of Vermont
Independent Schools indicates that Mid Vermont is an Approved Independent School. See Ex. E
at 10. 3 Finally, a letter from the Interim Secretary of Education Heather Bouchey to Mid Vermont,
dated January 4, 2024, clarifies that Mid Vermont is currently classified as an Approved
Independent School pending the Vermont State Board of Education’s consideration of its
application for renewal. See Ex. F.
Mid Vermont’s “injury” is simply not concrete in that it does not “actually exist[.]”
Spokeo, 578 U.S. at 339. The School Defendants did send Town Tuitioning Program tuition
payments to Mid Vermont in September 2023 for the 2024 school year. Mid Vermont then, on its
own accord, flagged for the School Defendants that their sending the payments was somehow
improper. The School Defendants, aware that they are statutorily obliged to abide by the Agency’s
2
The emails are incorporated into the Complaint and may be considered by the Court. See Int'l Audiotext Network,
Inc. v. Am. Tel. & Tel. Co., 62 F.3d 69, 72 (2d Cir. 1995).
3
The Court may consider matters of public record. See Zapotocky v. CIT Bank, N.A., 587 B.R. 589, 593 (S.D.N.Y.
2018)
6
designation, 16 V.S.A. §§ 822, 4 828, 5 166, requested return of the money pending additional
guidance. However, Mid Vermont’s representation to the School Defendants was incorrect. It
was, at the operative time, and currently, an Approved Independent School. Once the State
informed the School Defendants of Mid Vermont’s approved status, they sent tuition checks to
Mid Vermont a second time. Thus, School Defendants did properly provide Town Tuitioning
Program payments to Mid Vermont. Mid Vermont currently has those checks in its possession.
Mid Vermont’s “injury” here is not only “conjectural or hypothetical[;]” it is entirely nonexistent.
Lujan, 504 U.S. at 560.
B. Any Purported Injury is Not Fairly Traceable to the School Defendants.
“To satisfy the fairly traceable requirement of Article III, a plaintiff must ‘demonstrate a
causal nexus between the defendant's conduct and the injury.’” Hoeffner v. D’Amato, 605 F. Supp.
3d 467, 475 (E.D.N.Y. 2022) (quoting Rothstein v. UBS AG, 708 F.3d 82, 91 (2d Cir. 2013)). See
4
“(a) Each school district shall maintain one or more approved high schools in which high school education is provided
for its resident students unless:
(1) the electorate authorizes the school board to close an existing high school and to provide for the high
school education of its students by paying tuition to a public high school, an approved independent high
school, or an independent school meeting education quality standards, to be selected by the parents or
guardians of the student, within or outside the State; or
(2) the school district is organized to provide only elementary education for its students.
***
(c)(1) A school district may both maintain a high school and furnish high school education by paying tuition:
(A) to a public school as in the judgment of the school board may best serve the interests of the students; or
(B) to an approved independent school or an independent school meeting education quality standards if the
school board judges that a student has unique educational needs that cannot be served within the district or
at a nearby public school.” (emphasis added).
5
“A school district shall not pay the tuition of a student except to a public school, an approved independent school,
an independent school meeting education quality standards, a tutorial program approved by the State Board, an
approved education program, or an independent school in another state or country approved under the laws of that
state or country, nor shall payment of tuition on behalf of a person be denied on account of age. Unless otherwise
provided, a person who is aggrieved by a decision of a school board relating to eligibility for tuition payments, the
amount of tuition payable, or the school he or she may attend, may appeal to the State Board and its decision shall be
final.” (emphasis added).
7
Carver v. City of New York, 621 F.3d 221, 228 (2d Cir. 2010) (finding no traceability and thus no
standing, where a lottery winner brought action against city and various officials and agencies
alleging he was injured by the taking of his lottery prize, because the “injuries were caused solely
by the State: No action of the City caused the State to levy the challenged tax”).
As Plaintiffs acknowledge in their Complaint, pursuant to Vermont statute, the School
Defendants can only send Town Tuitioning Program payments to Approved Independent Schools,
and the Agency is charged with designating which schools receive approved, or recognized, status.
Compl. ¶¶ 125-136. Therefore, the School Defendants have no discretion, and indeed no role, in
determining whether Mid Vermont is granted approved status—they must abide by whatever
designation the Agency selects. Thus, any purported harm here suffered by Plaintiffs stems
from—and only from—the Agency’s designation, or not, of Mid Vermont as an Approved
Independent School. Aware that the School Defendants were bound by such designation, Plaintiffs
indicated to the School Defendants that they were not an approved school, presumably to
manufacture conditions whereby they could file this lawsuit. Therefore, their sending back the
tuition checks to the School Defendants “was the result of the independent action of some third
party”—themselves—and fairly traceable to their misrepresentations regarding their designation,
and not to any conduct by the School Defendants. Lujan, 504 U.S. at 560. In any event, Mid
Vermont has those checks in its possession after the School Defendants voluntarily remitted them
a second time.
C. Any Purported Injury Cannot Be Redressed by the School Defendants.
In analyzing redressability, “a court will consider the relationship between the judicial
relief requested and the injury suffered.” California v. Texas, ––– U.S. ––––, 141 S. Ct. 2104,
2115, 210 L.Ed.2d 230 (2021) (citation omitted). “Relief that does not remedy the injury suffered
8
cannot bootstrap a plaintiff into federal court; that is the very essence of the redressability
requirement.” Steel Co. v. Citizens for a Better Env’t, 523 U.S. 83, 107, 118 S.Ct. 1003, 140
L.Ed.2d 210 (1998). In other words, “[r]edressability examines whether the relief sought,
assuming that the court chooses to grant it, will likely alleviate the particularized injury alleged by
the plaintiff.” Fla. Audubon Soc’y v. Bentsen, 94 F.3d 658, 663–64 (D.C. Cir. 1996) (en banc).
Plaintiffs’ purported harm cannot be redressed by the School Defendants. Again, Plaintiffs
acknowledge in their Complaint that, pursuant to Vermont statute, the School Defendants can only
send Town Tuitioning Program payments to Approved Independent Schools, and the Agency is
charged with designating which schools receive approved, or recognized, status. Compl. ¶¶ 125-
136. 16 V.S.A. §§ 822, 828, 166. The School Defendants have demonstrated that they will abide
by any designation so provided. They sent Town Tuitioning Program payments to Mid Vermont,
and only requested them back after Mid Vermont represented that it was not an Approved
Independent School. The School Defendants will abide by whatever designation the Agency
chooses for Mid Vermont, as it is statutorily required to do, but that designation is entirely out of
the School Defendants’ control. Thus, any “relief sought” against the School Defendants will not
“alleviate the particularized injury alleged by the plaintiff[s].” Fla. Audubon Soc’y, 94 F.3d at
663–64.
If a plaintiff fails to satisfy any of the three standing elements, a federal court lacks subject-
matter jurisdiction to hear the case and it must be dismissed. See Cent. States Se. & Sw. Areas
Health & Welfare Fund v. Merck–Medco Managed Care, LLC, 433 F.3d 181, 198 (2d Cir.2005).
Here, Plaintiffs fail to satisfy any of the three standing elements as to the School Defendants.
9
Therefore, all claims against the School Defendants must be dismissed for lack of constitutional
standing.
III. Plaintiffs’ Claims against the School Defendants are Moot because the Tuition has
been Paid.
A case becomes moot “when the issues presented are no longer live or the parties lack a
legally cognizable interest in the outcome.” Blackwelder v. Safnauer, 866 F.2d 548, 551 (2d Cir.
1989) (citations omitted). “When this occurs, the Constitution’s case or controversy requirement,
U.S. Const. Art. III, § 2, is not satisfied and a federal court lacks subject matter jurisdiction over
the action.” New York City Employees’ Ret. Sys. v. Dole Food Co., 969 F.2d 1430, 1433 (2d Cir.
1992). “[A]t [the doctrine’s] uncontroverted core lies the principle that, at all times, the dispute
before the court must be real and live, not feigned, academic, or conjectural.” Russman v. Bd. of
Educ. of Enlarged City Sch. Dist. of City of Watervliet, 260 F.3d 114, 118 (2d Cir. 2001). See S.R.
Mercantile Corp. v. Maloney, 909 F.2d 79, 81 (2d Cir.1990) (case moot because no order of
appellate court could undo disclosure of documents); Cook v. Colgate Univ., 992 F.2d 17, 19 (2d
Cir.1993) (citations omitted) (equitable claims against university mooted by graduation of
plaintiffs); Jefferson v. Abrams, 747 F.2d 94, 95-96 (2d Cir. 1984) (case moot once election held
because no appellate court action could affect placement of candidates' names on ballot); C & C
Prods., Inc. v. Messick, 700 F.2d 635, 637 (11th Cir.1983) (case moot when third party gained
access to the confidential documents in issue because no order by appellate court could undo
situation).
There is no “live” issue for the Court to adjudicate. Blackwelder 866 F.2d at 551. The
School Defendants have at all times indicated that they will abide by whatever binding designation
the Agency selects for Mid Vermont. The School Defendants sent tuition payments to Mid
Vermont for the 2024 school year, and only requested back such payments when Mid Vermont
10
cast into doubt its own legitimacy as a recipient. The School Defendants then sent those checks
back to Mid Vermont a second time once the State sent the letter attached as Ex. E. See Bourne
and Gawel Declarations, attached as Exhibits A and B. There is simply no controversy between
the School Defendants and Mid Vermont such that the Court can exercise subject matter
jurisdiction. Furthermore, and independently, the purported dispute before the Court is “feigned”
and “conjectural” in that Mid Vermont is currently, and has at all operative times, been designated
as an Approved Independent School. Russman, 260 F.3d at 118.
Since the claims against the School Defendants are moot, the Court must dismiss.
IV. All Claims against the School Defendants Must be Dismissed because Plaintiffs’
Have Failed to Allege that the School Defendants Acted Pursuant to an
Unconstitutional School Policy.
“To survive a motion to dismiss filed pursuant to Fed. R. Civ. P. 12(b)(6), ‘a complaint
must contain sufficient factual matter, accepted as true, to state a claim to relief that is plausible
on its face.’” Pieciak v. Crowe LLP, No. 2:21-CV-00273, 2022 WL 10010523, at *3 (D. Vt. Oct.
17, 2022) (quoting Ashcroft v. Iqbal, 556 U.S. 662, 678, 129 S. Ct. 1937, 173 L. Ed. 2d 868
(2009)). “A claim has facial plausibility when the plaintiff pleads factual content that allows the
court to draw the reasonable inference that the defendant is liable for the misconduct alleged.”
Ashcroft v. Iqbal, 556 U.S. at 678. “More specifically, the plaintiff must allege sufficient facts to
show ‘more than a sheer possibility that a defendant has acted unlawfully.’” Rubman v. Bayer
AG, No. 2:22-CV-181, 2023 WL 2632832, at *2 (D. Vt. Mar. 24, 2023) (quoting Ashcroft v.
Iqbal, 556 U.S. at 678. “If the plaintiff has not “nudged [its] claims across the line from
conceivable to plausible, [the] complaint must be dismissed.” Id. at *5-6 (quoting Bell Atlantic
Corp. v. Twombly, 550 U.S. 544, 570, 127 S. Ct. 1955, 167 L. Ed. 2d 929 (2007).
11
In reviewing a motion to dismiss, the court must “accept all factual allegations in the
Complaint as true and draw all reasonable inferences in the plaintiff's favor.” Adams v. Yacavone,
No. 2:13-CV-10, 2014 WL 12729278, at *2 (D. Vt. Mar. 26, 2014). “However, the Court is not
required to credit ‘mere conclusory statements’ or ‘[t]hreadbare recitals of the elements of a cause
of action. Id. at *5 (quoting Ashcroft v. Iqbal, 556 U.S. at 678).
“Where a plaintiff claims a constitutional violation as a consequence of the decision of a
municipality to enforce an unconstitutional state statute . . . a municipality is liable for even its
good faith constitutional violations presuming that the municipality has a policy that causes
those violations.” Vives v. City of New York, 524 F.3d 346, 349-353 (2d Cir. 2008) (emphasis
added) (“we agree with all circuits to address state laws mandating enforcement by municipal
police officers that a municipality's decision to honor this obligation is not a conscious choice. As
a result, the municipality cannot be liable under Monell in this circumstance.”) (citing Monell v.
Dep’t of Soc. Servs. of City of New York, 436 U.S. 658, 694, 98 S. Ct. 2018, 2037, 56 L. Ed. 2d
611 (1978)). “The word policy generally implies a course of action consciously chosen from
among various alternatives . . . but it also may be made by a municipal official possessing final
authority to establish municipal policy with respect to the action ordered.” Vives, 524 F.3d at 350.
See Bockes v. Fields, 999 F.2d 788, 791 (4th Cir.1993) (holding that county board did not act in a
policy-making capacity when it fired plaintiff because termination procedures and criteria were
prescribed by the state although the state procedures allowed the county board some discretion);
Surplus Store and Exch., Inc. v. City of Delphi, 928 F.2d 788, 791 (7th Cir.1991) (holding
insufficient for Monell liability plaintiff’s claim that municipality had a policy of enforcing state
statutes and stating: “It is difficult to imagine a municipal policy more innocuous and
constitutionally permissible, and whose causal connection to the alleged violation is more
12
attenuated, than the ‘policy’ of enforcing state law.”); Whitesel v. Sengenberger, 222 F.3d 861,
872 (10th Cir.2000) (stating that it was not clear whether policies of state entity authorized certain
actions but “emphasiz[ing] that the [municipal entity] cannot be liable for merely implementing a
policy created by the state [entity]”).
The Second Circuit squarely answered the inquiry of under what circumstances a
“municipality can be liable for enforcing a state law[.]” Vives, 524 F.3d at 351. The court held,
directly on point to the facts presented here, that “a mere municipal directive to enforce all state
and municipal laws [does not] constitutes a city policy to enforce a particular unconstitutional
statute.” Id. at 353.
Here, the State’s designation of Mid Vermont is not a policy or custom of the School
Defendants. The School Defendants have no discretion in making payments pursuant to the Town
Tuitioning Program, according to the designations assigned by the State. 16 V.S.A. §§ 822, 828
(“A school district shall not pay the tuition of a student except to . . . an approved independent
school, an independent school meeting education quality standards”), 166. Because such payments
are not a “conscious choice[,]” the School Defendants, as a matter of law, “cannot be liable under
Monell[.]” Vives, 524 F.3d at 353. Accordingly, Plaintiffs’ claims against the School Defendants
lack facial plausibility and must be dismissed pursuant Fed. R. Civ. P. 12(b)(6).
V. Conclusion
For the foregoing reasons, the School Defendants respectfully request that the Court
dismiss all claims against them for lack of subject matter jurisdiction and/or failure to state a
claim.
DATED in Burlington, Vermont this 31st day of January, 2024.
13
CHRISTINE BOURNE, HARTLAND

SCHOOL BOARD, RANDALL GAWEL,
and WAITS RIVER VALLEY SCHOOL
BOARD
By: /s/ Pietro J. Lynn

Pietro J. Lynn, Esq.
Sean M. Toohey, Esq.
Lynn, Lynn, Blackman & Manitsky, P.C.
Attorney for Defendants
76 St. Paul Street, Suite 400
Burlington, VT 05401
802-860-1500
plynn@lynnlawvt.com
stoohey@lynnlawvt.com
14
Case 2:23-cv-00652-gwc Document 28-1 Filed 01/31/24 Page 1 of 2
Exhibit A
Exhibit B
UNITED STATES DISTRICT COURT

FOR THE
DISTRICT OF VERMONT
MID VERMONT CHRISTIAN SCHOOL, on )

behalf of itself and its students and its students’ )
parents; A.G. and M.G., by and through their )
parents and natural guardians, Chris and Bethany )
Goodwin; CHRISTOPHER GOODWIN, )
individually; BETHANY GOODWIN, individually; ) Civil Case No.: 2:23-cv-00652
T.S. and K.S., by and through their parents and )
natural guardians, Nathaniel and Dawna Slarve; )
NATHANIEL SLARVE, individually; and )
DAWNA SLARVE, individually; )
)
Plaintiffs, )
v. )
)
HEATHER BOUCHEY, in her official capacity as )
Interim Secretary of the Vermont Agency of )
Education; JENNIFER DECK SAMUELSON, in )
her official capacity as Chair of the Vermont State )
Board of Education; CHRISTINE BOURNE, in her )
official capacity as Windsor Southeast Supervisory )
Union Superintendent; HARTLAND SCHOOL )
BOARD; RANDALL GAWEL, in his official )
capacity as Orange East Supervisory Union )
Superintendent; WAITS RIVER VALLEY )
(UNIFIED #36 ELEMENTARY) SCHOOL )
BOARD; and JAY NICHOLS, in his official )
capacity as the Executive Director of The Vermont )
Principals’ Association, )
)
Defendants. )
__________________________________________
DECLARATION OF RANDALL GAWEL
1. My name is Randall Gawel. I am over 18 years of age and have personal knowledge of
the information set forth herein.
2. I am Superintendent of the Orange East Supervisory Union (“OESU”).
Doc ID: bcf179d87f52a5a2ee1c55fa79e981c0b9011840

3. Pursuant to the Town Tuitioning Program, OESU mailed tuition payment for the 2023/2024
school year to Mid Vermont Christian School (“Mid Vermont”) for students T.P. and D.P.
in September 2023.
4. After receipt of the check, Mid Vermont sent an e-mail to OESU indicating that Mid
Vermont is not an Approved Independent School for purposes of the Town Tuitioning
Program, and inquiring how OESU would like to proceed. See Ex. D.
5. OESU requested return of the check, pending guidance from the State regarding Mid
Vermont’s Town Tuitioning Program status.
6. On January 4, 2024, the State sent a letter via e-mail to Mid Vermont, ccing OESU, stating
that Mid Vermont is an Approved Independent School. See Ex. F.
7. After receiving the January 4, 2024 e-mail from the State, OESU sent back the tuition
check to Mid Vermont for T.P. and D.P.’s 2023/2024 attendance.
I, Randall Gawel, hereby declare pursuant to 28 U.S.C. § 1746 under penalty of perjury that the
foregoing is true and correct.
1/30/24
Dated in ______________________ on this ___
30 day of January, 2024.
By: _________________________
Randall Gawel
Doc ID: bcf179d87f52a5a2ee1c55fa79e981c0b9011840

Gawel Declaration
Gawel Declaration- Ex. B.pdf
bcf179d87f52a5a2ee1c55fa79e981c0b9011840
MM / DD / YYYY
Signed
01 / 30 / 2024 Sent for signature to Randall Gawel (randall.gawel@oesu.org)

11:34:06 UTC-5 from kathryn.bean@oesu.org
IP: 71.173.72.110
01 / 30 / 2024 Viewed by Randall Gawel (randall.gawel@oesu.org)

11:52:27 UTC-5 IP: 64.223.247.90
01 / 30 / 2024 Signed by Randall Gawel (randall.gawel@oesu.org)

11:53:52 UTC-5 IP: 64.223.247.90
01 / 30 / 2024 The document has been completed.

11:53:52 UTC-5
11/28/23, 8:31 AM Wndsor Southeast Supervisory Union Mail - Fwd: T.Slarve Tuition money
Exhibit C
Christine Bourne <christine.bourne@wsesu.net>
Fwd: T.Slarve Tuition money

2 messages
> Tue, Oct 3, 2023 at 2:26 PM
---------- Forwarded message ---------

From: Vicky Fogg <headofschool@mvcs.info>
Date: Tue, Oct 3, 2023 at 2:22 PM
Subject: T.Slarve Tuition money
To: <lbrown@wsesu.net>
Cc: Lauren Sharkey <mvcsfinances@mvcs.info>, Vicky Fogg <headofschool@mvcs.info>
Dear Laurie,
Mid Vermont Christian School (MVCS) is in receipt of the tuition payment for REDACTED. Because MVCS was not
granted "approved independent school" status by the AOE, we were surprised to receive these funds and have therefore
set that money aside. We need clarity on MVCS's school status and how those funds should be handled.
Earlier this year, MVCS submitted an Addendum for Independent School Applications with an amendment that said in part
that to the extent any of the state's requirements conflicted with the school's beliefs, including on marriage and sexuality,
MVCS had not included that language in its handbook or online, nor could it affirm that particular aspect of the Vermont
Public Accommodations Act. Specifically, because of MVCS's religious beliefs and exercise, it could not at that time, nor
can it currently, affirm to comply with the Vermont Public Accommodations Act's prohibition on sexual orientation or gender
identity discrimination in its admissions and operations. In response to MVCS's Addendum submission, the AOE denied
our status as an "approved independent school" and instead confirmed we were a "recognized school" in August.
We are asking both the AOE and Hartland to confirm if MVCS is eligible to receive tuition funding. If not, what should we
do with the funding we received?
Thank you,
Vicky Fogg
Vicky Fogg
Head of School
.II
.,.
�.-� 1'.n1<11u
• J \'ennonr (-'"'1 •
., 1nst1an •
L''../·1·· ,,,.,,,. f ' 1·J,,,,, r···t
S, c I100 l
�...
t. t l 1ti1, 1._.,'.__1 u
1
• t.,�•(,.t_
"May the God who gives endurance and encouragement give you the same attitude of mind toward each other that Christ Jesus had, so that with one mind and
one voice you may glorify the God and Father of our Lord Jesus Christ." Romans 15:5·6
https://mail. google .com/mail/u/0/?ik=3cla65795e&view=pt&search=all&permthid=thread-f:177 87 59902938196201&simol=msa-f:177 87 599029381962... 1/2

Exhibit D
From:
Sent: Fwd: Mid Vermont Christian School Tuition
To:
Subject:
---------- Forwarded message---------
------------------------------------------------------------------
From: Vicky Fogg <headofschool@mvcs.info>

Date: Tue, Oct 3, 2023 at 2:22 PM
Subject: Partington's tuition money
To: Lisa Thompson <lisa.thompson@oesu.org>
Cc: Lauren Sharkey <mvcsfinances@mvcs.info>, Vicky Fogg <headofschool@mvcs.info>
Dear Lisa,
Mid Vermont Christian School (MVCS) is in receipt of the tuition payment for REDACTED. Because MVCS
was not granted "approved independent school" status by the AOE, we were surprised to receive these
funds and have therefore set that money aside. We need clarity on MVCS's school status and how those
funds should be handled.
1
. Earlier this year, MVCS submitted an Addendum for Independent School Applications with an amendment that
said in part that to the extent any of the state's requirements conflicted with the school's beliefs, including on
marriage and sexuality, MVCS had not included that language in its handbook or online, nor could it affirm that
particular aspect of the Vermont Public Accommodations Act. Specifically, because of MVCS's religious beliefs
and exercise, it could not at that time, nor can it currently, affirm to comply with the Vermont Public
Accommodations Act's prohibition on sexual orientation or gender identity discrimination in its admissions and
operations. In response to MVCS's Addendum submission, the AOE denied our status as an "approved
independent school" and instead confirmed we were a "recognized school" in August.
We are asking both the AOE and Waits River Valley School to confirm if MVCS is eligible to receive tuition
funding. If not, what should we do with the funding we received?
Thank you,
Vicky Fogg
Vicky Fogg
Head of School
�
"May the God who gives endurance and encouragement give you the same attitude of mind toward each other that Christ Jesus had, so that with one mind and
one voice you may glorify the God and Father of our Lord Jesus Christ." Romans 15:5-6
Tel: 802-295-6800 Fax: 802-295-3748

Headofschool@mvcs.infoIwww.mvcs.info
399 West Gilson Avenue
,
.
Randy Gawel, Superintendent

Pronouns: He/Him/His
Orange East Supervisory Union
(802) 222-5216
"Noli tifnere. " Seamus Heaney
2
Exhibit E
Independent Schools, Approved Tutorials and

Distance Learning Schools, Other Educational
Programs,
and State-Operated Facilities
DIRECTORY July 1, 2023

Introduction
The following pages list in-state schools known to satisfy the requirements of Vermont compulsory
school attendance law.
All approved and recognized independent schools in Vermont are required by law to provide to the
Secretary of Education the names and addresses of their enrolled pupils on October 1 each year.
Table of Contents
Introduction ................................................................................................................................................ 2
Table of Contents ....................................................................................................................................... 2
Approved Independent Schools .............................................................................................................. 3
Approved Education Programs ............................................................................................................. 17
Approved Tutorials ................................................................................................................................. 19
Approved Distance Learning Schools ................................................................................................... 20
Approved Independent Kindergartens ................................................................................................ 21
Recognized Schools.................................................................................................................................. 22
NOTE: Enrollment numbers are for students in grades K-12 for the 2022-2023 school year as reported
in the October 1, 2022 student census collection. These numbers do not include pre-school aged
children.
Directory of Vermont Approved & Page 2 of 27

Recognized Independent Schools
(Revised: July 1, 2023)
Approved Independent Schools

School & Address Contact Phone Enrollment
All Saints Academy Carrie Wilson 888-4758 140

680 Laporte Rd. grades: K-8
Morrisville, VT 05661
A Roman Catholic day school.
Arlington School (The) Michelle Richard 748-4424 18

125 School Street grades: 8-12
St. Johnsbury, VT 05819
A therapeutic school.
Baird School Kristie Reed 488-6655 45

1138 Pine Street ages: 5-14
Burlington, VT 05401 grades: K-8
Bellcate School Jesse Bell 878-7603 30

1 Corporate Drive ages: 11-21
Essex Jct., VT 05452
Bridge School Inc. Jennifer Grilly 349-1661 28

1469 Exchange Street grades: K-6
Middlebury, VT 05753
BRIGHTality Jamie Seeholzer 310-3256 16

448 Swanton Road, Suite 300 grades: 6-12
St. Albans, VT 05478

Brookhaven Learning Center Rocky Spino 685-4458 6

P. O. Box 127 ages: 6-14
Chelsea, VT 05038 grades: K-8
Burke Mountain Academy Willy Booker 626-5607 116

P.O. Box 78 grades: 8-12
East Burke, VT 05832
A boarding school providing a full-time college preparatory program and a winter tutorial program for
students involved in competitive skiing.
Burr & Burton Academy Mark Tashjian 362-1775 783

Box 498, Seminary Avenue grades: 9-12
Manchester, VT 05254
A day school.
Caledonia Christian School Heidi Kneller 748-9528 12

54 Southard Street grades: 1-8
A Seventh Day Adventist day school.
Centerpoint Katie Cunningham 488-7711 24

1025 Airport Drive John Grimm ages: 12-18
So. Burlington VT 05403
A therapeutic scho
.
Changing Our Idea Concerning Lisa Estivill 479-0012 40
Education Academy (Ch.O.I.C.E) grades: 5-12
579 So. Barre Road
Barre, VT 05641

Christ the King Craig Dwyer 862-6696 162

136 Locust Street grades: K-8
Christ the King Lila Minard 773-0500 148

60 South Main St. grades: K-8
Rutland, VT 05701
Community High School of Vermont Dana Lesperance 798-2104

VT Department of Corrections
NOB 2 South 280 State Drive
Waterbury, VT 05671
For persons in the custody of the Department of Corrections.
Community Schoolhouse Barbara Barrett 257-7470 26

P.O. Box 86 grades: K-8
Brattleboro, VT 05302
A residential and day therapeutic school.
Compass School (The) Kendra Rickerby 463-2525 72

Westminster Station VT 05159
A day school.
Connected Circles Kelly Bushey 828-7120

1075 Airport Road ages 12-22
Barre, VT 05641

Cornerstone School Jeanne Graham 748-6282 22

510 Portland Street grades: K-12
A therapeutic day school.
East Burke School Megan Darling 626-8317 12

POB 228 Nathan Bradshaw grades: 8-12
A day school.
East Meadow School Heather Perkins 888-4151 18

28 James Road #1 grades K-12
East Valley Academy Katie Rafferty 728-3896 12

POB 237, 11 Main Street grades: 3-12
East Randolph, VT 05041
Expeditionary School of Black River Judy Pullinen 546-1365 16

43 Main Street grades: 7-12
Ludlow, VT 05149
A day school.
Fay Honey Knopp School Shelly Mcginnis 488-6792 7

71 Park Street grades: 7-12
Rutland, VT 05701
A therapeutic residential school for adolescent boys.

Foundations Jessica Speckert 674-4428 10

The Fire House, 147 Main Street grades: K-12
Windsor, VT 05079
Good Shepherd Catholic School Lynn Cartularo 751-8223 59

121 Maple Street grades: K-8
Grace Christian School Shawn Smith 447-2233 183

104 Kocher Drive grades: K-12
Bennington, VT 05201
A Christian day school.
Grammar School (The) Nick Perry 387-5364 75

69 Hickory Ridge Road South grades: K-8
Putney, VT 05346
A day school.
Green Mountain Valley School Tracy Keller 496-2150 93

271 Moulton Road grades 7-12
Waitsfield, VT 05673
A boarding school providing a full-time college preparatory program and a winter tutorial program for
students involved in competitive skiing.
Greenwood School Anne Swayze 387-4545 48

14 Greenwood Lane grades 6-12
Putney, VT 05346
A therapeutic residential and day school for boys.

Hiland Hall School Drew Kelly 442-3868 39

2196 Harwood Hill Road ages: 5-13
A day school.
Hilltop Montessori School Tamara Mount 257-0500 79

99 Stafford Farm Hill grades: K-8
A Montessori education day school.
INSPIRE Karen Steinbeck 251-7301 23

130 Austine Drive #8 ages: 7-22
Jean Garvin School (The) Lisa Bilowith 488-6767 38

90 Harvest Lane grades: 7-12
Williston, VT 05495
Killington Mountain School Claire Kershko 422-5671 55

2708 Killington Road grades: 6-12
Killington, VT 05751
A boarding and day school offering a school-year program and a winter tutorial program for students
involved in competitive skiing.
Kindle Farm Drew Gradinger 365-7909 49

Newfane, VT 05345
A therapeutic school for boys.

Kurn Hattin Homes Will Gardner 722-3336 15

Westminster, VT 05158
A residential school for students whose real home is in temporary need.
Lake Champlain Waldorf Emily Beyer-Pacht 985-2827 145

359 Turtle Lane (Interim) grades: K-12
Shelburne, VT 05482
A Waldorf education day school.
Laraway School Amber Cheever 635-2805 19

Box 621 grades: K-12
275 VT Rte 15 W
Johnson, VT 05656
LiHigh School (The) Greg Rosenthal 287-2411 26

307 Main Street ages: 11-22
Poultney, VT 05764
Long Trail School Colin Igoe 867-5717 126

1045 Kirby Hollow Rd grades: 6-12
Dorset, VT 05251
A day school with some boarding capabilities.
Lyndon Institute Brian Bloomfield 535-3636 427

POB 127, College Road grades: 9-12
Lyndon Center, VT 05850
A day school.

Manchester Village School Mary Ann Moriarty 362-4898 18

Manchester, VT 05257
Maple Street School Daniel Skoglund 362-7137 142

322 Maple Street (Acting Head) grades: K-8
Manchester Center, VT 05255
A day school.
Maplehill School Joe Astick 454-7747 25

Plainfield, VT 05667
Mater Christi School Tim Loescher 658-3992 234

50 Mansfield Avenue grades: K-8
Mid Vermont Christian School Vicky Fogg 295-6700 96

399 West Gilson grades: K-12
White River Jct., VT 05001
A Christian education day school.
Mill School (The) Tim Feeney 423-0111 29

278 East Allen Street grades: 6-12
Winooski, VT 05404

Mount Snow Academy Peter Stokloza 464-7669 21

248 Rte. 100 grades: 6-12
POB 616
West Dover, VT 05356
A day and residential winter tutorial program for students involved in alpine skiing, freestyle skiing
and snowboarding.
Mountain School at Winhall (The) Colleen Palmer 297-2662 58

9 School Street grades: K-8
Bondville, VT 05340
A day school.
Mountain School Program of Alex Myers 685-4520 40

Milton Academy grades: 12
151 Mountain School Road
Vershire, VT 05079
A residential, one-semester school farm program.
Mt. Mansfield Academy Lori Furrer 253-7409 27

65 Academy Way grades: 6-12
Stowe, VT 05672
A boarding school providing a school-year and winter tutorial college preparatory program for
students involved in snowboarding and competitive and freestyle skiing.
Mt. Saint Joseph Academy Michael Alexander 775-0151 77

127 Convent Avenue grades: 9-12
Rutland, VT 05701
Neighborhood Schoolhouse Norma Willingham 257-5544

231 Western Avenue grades: K-8
A general education day school.

New England School for Girls Jennifer McGowan 447-1557 29

192 Fairview Street ages 11-21
Bennington, VT 05201 females only
A therapeutic residential school for girls.
New School of Montpelier Ed Nasta 223-0647 27

11West Street grades: 1-12
Montpelier, VT 05602 ages: 6-22
A therapeutic day school. Two locations: Montpelier and West Glover.
Okemo Mountain School Mariel Meringolo 228-1513 5

Ludlow, VT 05149
A day school offering a school-year program and a five-month winter tutorial program for students
involved in alpine skiing, freestyle skiing, and snowboarding.
Orchard Valley School Madelief Becherer 456-7400 67

Grace Farm Campus grades: K-8
2290 VT Rte. 14N
East Montpelier, VT 05651
Pacem School Lexi Shear 223-1010 24

32 College Street Suite 100 grades: 6-12
Montpelier, VT 05602
A day school.
Pond Brook Project Eric Warren 453-6195

POB 314 grades 7-9
Bristol, VT 05443
A day school.

Priority Placements, Inc. Sarah Newman 258-1556 28

POB 2428 grades K-12
Putney School Emily Jones 387-5566 223

Elm Lea Farm grades: 9-12
418 Houghton Brook Road
Putney, VT 05346
A boarding and day school.
Red Fox Community School Karen O’Neill Thomson 768-1288 17

184 Pig Pen Road grades: K-5
Manchester Center, VT 05255
A day school.
Rice Memorial High School Andrew Keough 862-6521 374

99 Proctor Avenue (interim) grades: 9-12
South Burlington, VT 05403
Riverside School Roy Starling 626-8552 104

30 Lily Pond Road grades: K-8
Lyndonville, VT 05851
A day school.
Rock Point School C.J. Spirito 863-1104 23

1 Rock Point Road grades: 9-12
A day and boarding school.

Rutland Area Christian School Robert Congdon 775-0709 70

112 Lincoln Avenue grades: K-12
Rutland, VT 05701
A day school.
Sacred Heart School Tiffany McKenna 442-2446 124

St. Francis Xavier Craig Hill 655-2600 163

5 St. Peter Street grades: K-8
Winooski, VT 05404
St. Johnsbury Academy Sharon Howell 748-8171 906

A day school.
St. Michael’s Catholic School Elaine Beam 254-5666 108

48 Walnut Street grades: K-12
St. Monica-St. Michael School Mike Alford 476-5015 110

79 Summer Street grades: K-8
Barre, VT 05641

St. Paul’s Elementary School Joanne Beloin 525-6578 20

54 Eastern Avenue grades: K-8
Barton, VT 05822
Schoolhouse (The) Liz Shane 658-4164 51

8 Catkin Drive grades: K-8
So. Burlington, VT 05403
A day school.
Sharon Academy (The) Mary Newman 763-2500 159

Sharon, VT 05065
A day school.
Sheldon Academy Jen Dattoli 775-2395 21

88 Park Street ages: 5-22
Rutland, VT 05702 grades: K-12
Soar Learning Center Michael Bombard 527-7514 49

POB 372 grades: K-12
178 McGinn Drive ages 5-21
St. Albans Bay, VT 05481
Southshire Community School Coleen Healy 442-4601 26

No. Bennington, VT 05257
A day school.

Stratton Mountain School Carson Thurber 297-1886 142

7 World Cup Circle grades: 7-12
Stratton, VT 05155
A boarding school for secondary college preparatory students aspiring for careers as competitive
skiers.
Sugarwood School Peggy Cozi 779-8151 1

POB 211 ages: 4-9
Rutland, VT 05702
A day school.
Thaddeus Stevens School Julie Hansen 626-0370 17

POB 152; 368 VT-114 grades: K-8
A day school.
Thetford Academy Carrie Brennan 785-4805 313

304 Academy Road grades: 7-12
Thetford Center, VT 05075
A day school.
Turning Points School Beth Treadwell-Brookes 895-2541 28

158 Meade Hill Road ages 5-22
Morgan, VT 05853
Two Roads Academy Hari Hoffman 825-2233 8

38 Blakely Road grades: 5-12
Colchester, VT 05446

Upper Valley Waldorf School Jeannie Surrell 296-2496 92

Quechee, VT 05059
Vermont Academy Jennifer Zaccara 869-6200 183

Saxtons River, VT 05154
A boarding and day school.
Vermont Academy of Science Charles Watson 728-1312 37

and Technology grade: 12
Vermont Technical College
POB 500
Randolph Ctr., VT 05061
A day school for students with a special interest and aptitude in the areas of science, technology,
engineering and math completing both the requirements for high school graduation and the first year
of an associate degree program at Vermont Technical College.
Village School of No. Bennington Tim Newbold 442-5955 126

9 School Street, POB 847 grades: K-6
No. Bennington, VT 05257
A day school.

Approved Education Programs

Addison County Parent/Child Center’s Donna Bailey 388-3171
Teen Parent Program
126 Monroe Street POB 646
Middlebury, VT 05753
A program for pregnant and/or parenting adolescents.
Capstone Community Action Stephanie Rubin 477-5206

Brook Street Family Literacy Ctr.’s
Teen Parent Program
45 Brook Street
Barre, VT 05641
Family Place (The) Tia Howard 649-3268

Families Learning Together
319 Rt. 5 South
Norwich, VT 05055
Rutland County Parent/Child Center’s Mary Feldman 775-9711

Teen Parent Program
61 Pleasant Street
Rutland, VT 05701
Sunrise Family Resource Center Denise Main 442-6934

Teen Parent Program
POB 1517

Approved Tutorials
204 Depot Street Program Jim Henry 442-4997

204 Depot Street
A staff-secure stabilization program for male and female youth in DCF custody.
Beckley Day Program Lisa Estivill 479-4077

579 So. Barre Road
Barre, VT 05641
A transitional treatment program serving students in grades 1-5.
Inclusion TABS Kristie Reed 488-6655

1138 Pine Street
Short term program providing crisis intervention in grades K-5.
Mountainside House Jackie Hanlon 228-6880 or 226-7500

6 Mill Street
Ludlow, VT 05149
A program providing short-term crisis stabilization and emergency housing.

Approved Distance Learning Schools
Liberty High School Diploma Program Paul A. Zazzaro 1-800-594-5550

20 Technology Drive #5 802-246-1400
Brattleboro, VT 05301 grades: 9-12 only
Serving individuals who are 18 years of age or older without a high school diploma.
Oak Meadow School Steve Lorenz 251-7250

8 Bellows Fall Road grades K-12
Putney, VT 05346
Providing education in grades K-12.

Approved Independent Kindergartens
Green Mountain Montessori School Shireen McNabb 879-9114 0*

8 Jericho Road grade: K
Essex Jct., VT 05452
Saxon Hill School, Inc. Betsy Synnott 899-3832 1

P.O. Box 68 grade: K
Jericho, VT 05465
*At the time the census was taken in the fall of 2022, there were no five-year old children enrolled who
were expected to attend first grade in the upcoming school year.


ABC Academy Emily Beaudin 324-5567 11

349 Rt. 7 South #105 grades: K-5
Milton, VT 05468
Ark Preschool/Kindergarten Racheal Boyce 877-3393 2

P.O. Box 160 grade: K
Vergennes, VT 05491
Barn School (The) Katherine von Behren-Herman 528-9638 15

217 Brookside Road, POB 104 grades: K-6
Westford, VT 05494
Bellwether School Cynthia Clarke 863-4839 23

1186 South Brownell Road grades: K-5
Williston, VT 05495
Brownington Parochial School Rudy N. Kauffman

8 Hinman Settler Road
Orleans, VT 05860 grades: 1-10
Champlain Valley Christian School Linda Larocque 877-3640 41

2 Church Street grades: K-8
Vergennes, VT 05491
Christ Covenant School Damon Mulligan 426-3744 63

167 Creamery St. grades: K-12
Marshfield, VT 05658
Davis Community School Lyndsy Blais 425-2700 22

916 Shelburne Road grades K-5
Elevation Christian Academy Scott Rancourt 777-3398 12

26 Bombardier Road grades: 4-12
Milton, VT 05468


Green Mountain Community School April Wolk-Clifford 558-1908 9

One Brennan Circle grades: K-6
Poultney, VT 05764
Green Mt. Mennonite School Marcus Zimmerman 442-2202

2892 Chapel Road grades: 1-8
Immersion Montessori School April Smith-Bean 603-359-6630 11

93 Pine Street grades: K-6
Hartford, VT 05001
Lamoille Valley Farm & Forest School Kelli Millick 717-543-3846

POB 1255
Stowe, VT 05672 grades K-5
Mansfield Cooperative School Jessie Blake 871-0637 10

20 Church Street grades 5-8
Richmond, VT 05477
Montessori School of Central VT Kristen Martin 479-0912 43

84 Pine Hill Road grade: K-6
Barre, VT 05641
Mysa School Siri Fiske 301-915-0955 11

New Hope Christian School Aaron Warner 754-9600 39

1145 Route 14 grades K-8
Irasburg, VT 05845
North Branch School (The) Donna Rutherford 388-3269 23

898 Lincoln Road
Ripton, VT 05766

Open Fields School Nellie Pennington 785-2077 19

37 Academy Road POB 53 grades: K-6
Thetford Hill, VT 05074
Potter’s House Deborah Kerwin 296-8400 3

1615 Maple Street, POB 620 grades: K
Hartford, VT 05047
Providence Adventure Academy Sarah Cousino 467-0769 9

2709 King George Road grades: K-12
Sutton, VT 05867
Red Cedar School Jacquie Werner-Gavrin 453-5213 51

P.O. Box 393, 246 grades: K-8
Hardscrabble Road
Bristol, VT 05443
Springbrook Farm Robert Macri 484-5822

(Farms for City Kids) grades: 4-7
734 Caper Hill Road
Reading, VT 05062
Tamim Academy of VT Draizy Junik 735-6246 18

57 So. Williams Street grades: K-4
Trinity Baptist School Natalie Cary 879-9007 102

280 Trinity Drive grades: K-12
Williston, VT 05495
True North Wilderness Program Ty Maves 583-1144 14

5354 Main Street POB 857 ages: 14-25
Twelve Tribes’ Community Church Sch

21 Forest Street ages: 6-16
Bellows Falls, VT 05101


34 Mountain Street ages: 6-16
Island Pond, VT 05846

134 Church Street ages: 6-16
Rutland, VT 05701
United Christian Academy Kimberlee Strepka 334-3112 68

Newport, VT 05855
Vermont Commons School Dexter Mahaffey 865-8084 106

75 Green Mountain Drive grades: 6-12
Vermont Day School Sage Bagnato 495-5150 39

6701 Shelburne Road grades: K-8
Shelburne, VT 05482
VT Farm and Forest School Misse Axlerod 279-1548 11

POB 34 grades: K-5
324 Webster Road
Roxbury, VT 05669
Websterville Christian Academy Chris Rossell 479-0141 98

P.O. Box 1, 143 Church Hill Road grades: K-12
Websterville, VT 05678

Wolcott Mennonite School Jesse Hurst 793-1209

831 Lyle McKee Road grades :1-10
NOTE: Enrollment numbers are for students in grades K-12 for the 2022-2023 school year as
reported in the October 1, 2022 student census collection. These numbers do not include pre-
school aged children.

Exhibit F Case 2:23-cv-00652-gwc Document 28-6 Filed 01/31/24 Page 1 of 1
State of Vermont [phone] 802-828-1130 Agency of Education

1 National Life Drive, Davis 5 [fax] 802-828-6430
Montpelier, VT 05604
education.vermont.gov
January 4, 2024
Vicky Fogg, Head of School

Mid Vermont Christian School
399 West Gilson
White River Junction, VT 05001
RE: Mid Vermont Christian School’s approval status
SENT VIA EMAIL
Dear Ms. Fogg:
I am writing to clarify the current state of Mid Vermont Christian School’s approval status
under 16 V.S.A. § 166(b).
In February 2023, the Vermont State Board of Education voted to postpone consideration of
Mid Vermont Christian School’s application for renewal of approval.
Under State Board rule 2223.6, the approval of a school that has completed a timely
application for further approval extends until the State Board acts on that application. To
date, the State Board of Education has not taken final action on the school’s application for
renewal of approval. As such, Mid Vermont Christian School remains an approved
independent school under 16 V.S.A. § 166(b). By copy of this letter, I am notifying the
school districts that the school remains an approved independent school eligible to receive
public tuition funds.
Please let me know if you have any questions.
Sincerely,
Heather A. Bouchey, Ph.D.

Interim Secretary of Education
cc: Christine Bourne, Superintendent, Windsor Southeast Supervisory Union

Nicole Buck, Chair, Hartland School Board
Randall Gawel, Superintendent, Orange East Supervisory Union
Stacy Emerson, Chair, Waits River Valley School Board
Jennifer Deck Samuelson, Chair, Vermont State Board of Education
LEADERSHIP | SUPPORT | OVERSIGHT

Mid-Vermont MTD

Uploaded by

Document Information

Original Description:

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Mid-Vermont MTD

Uploaded by

Copyright:

Available Formats

Case 2:23-cv-00652-gwc Document 28 Filed 01/31/24 Page 1 of 14

UNITED STATES DISTRICT COURT

MID VERMONT CHRISTIAN SCHOOL, on )

SCHOOL DEFENDANTS’ MOTION TO DISMISS

respectfully submit the following Memorandum of Law.

standing on any of the claims against them.

and failure to state a claim.

independent high school, or an independent school meeting education quality standards, to be

Bourne and Gawel Affidavits, attached as Exhibits A and B.

Mid Vermont’s refusal to abide by certain anti-discrimination pledges, pursuant to an Agency

the claims against the School Defendants.

A. Plaintiffs Have Not Suffered an Injury in Fact

checks to Mid Vermont a second time. Exs. A-F.

Additionally, and importantly, the Agency website’s current directory of Vermont

application for renewal. See Ex. F.

Lujan, 504 U.S. at 560.

B. Any Purported Injury is Not Fairly Traceable to the School Defendants.

As Plaintiffs acknowledge in their Complaint, pursuant to Vermont statute, the School

from—and only from—the Agency’s designation, or not, of Mid Vermont as an Approved

party”—themselves—and fairly traceable to their misrepresentations regarding their designation,

C. Any Purported Injury Cannot Be Redressed by the School Defendants.

Cir.1993) (citations omitted) (equitable claims against university mooted by graduation of

as an Approved Independent School. Russman, 260 F.3d at 118.

of action. Id. at *5 (quoting Ashcroft v. Iqbal, 556 U.S. at 678).

“Where a plaintiff claims a constitutional violation as a consequence of the decision of a

policy created by the state [entity]”).

statute.” Id. at 353.

DATED in Burlington, Vermont this 31st day of January, 2024.

CHRISTINE BOURNE, HARTLAND

By: /s/ Pietro J. Lynn

UNITED STATES DISTRICT COURT

MID VERMONT CHRISTIAN SCHOOL, on )

DECLARATION OF RANDALL GAWEL

2. I am Superintendent of the Orange East Supervisory Union (“OESU”).

Doc ID: bcf179d87f52a5a2ee1c55fa79e981c0b9011840

Doc ID: bcf179d87f52a5a2ee1c55fa79e981c0b9011840

01 / 30 / 2024 Sent for signature to Randall Gawel (randall.gawel@oesu.org)

01 / 30 / 2024 Viewed by Randall Gawel (randall.gawel@oesu.org)

01 / 30 / 2024 Signed by Randall Gawel (randall.gawel@oesu.org)

01 / 30 / 2024 The document has been completed.

Fwd: T.Slarve Tuition money

> Tue, Oct 3, 2023 at 2:26 PM

---------- Forwarded message ---------

https://mail. google .com/mail/u/0/?ik=3cla65795e&view=pt&search=all&permthid=thread-f:177 87 59902938196201&simol=msa-f:177 87 599029381962... 1/2

---------- Forwarded message---------

From: Vicky Fogg <headofschool@mvcs.info>

Tel: 802-295-6800 Fax: 802-295-3748

Randy Gawel, Superintendent

"Noli tifnere. " Seamus Heaney

Independent Schools, Approved Tutorials and

DIRECTORY July 1, 2023

Directory of Vermont Approved & Page 2 of 27

Approved Independent Schools

All Saints Academy Carrie Wilson 888-4758 140

A Roman Catholic day school.

Arlington School (The) Michelle Richard 748-4424 18

Baird School Kristie Reed 488-6655 45

Bellcate School Jesse Bell 878-7603 30

Bridge School Inc. Jennifer Grilly 349-1661 28

BRIGHTality Jamie Seeholzer 310-3256 16

Directory of Vermont Approved & Page 3 of 27

School & Address Contact Phone Enrollment

Brookhaven Learning Center Rocky Spino 685-4458 6