2 school districts file state's first lawsuit over Act 46

The first lawsuit challenging Vermont's authority to merge school districts under Act 46 has been filed.

The Elmore-Morristown Unified Union School District and the Stowe School District

against the Vermont Board of Education. Vermont Public Radio reports the lawsuit comes before an appeal being worked on by a group of about 25 different school districts.

Elmore-Morristown Unified Union School District board member David Bickford says the districts feel their situation is specific and different from the other districts, requiring a separate lawsuit.

The state board voted 5-4 to merge Elmore-Morristown and Stowe, even though voters rejected a merger proposal and the acting secretary of education had recommended against a merger.

State Board of Education chairwoman Krista Huling declined to comment on the lawsuit.