PART 1 Administration

CHAPTER 1. ADMINISTRATION GENERALLY

Subchapter 1. General Provisions

§ 1. Right to equal educational opportunity.

The right to public education is integral to Vermont's constitutional form of government and its guarantees of political and civil rights. Further, the right to education is fundamental for the success of Vermont's children in a rapidly-changing society and global marketplace as well as for the State's own economic and social prosperity. To keep Vermont's democracy competitive and thriving, Vermont students must be afforded substantially equal access to a quality basic education. However, one of the strengths of Vermont's education system lies in its rich diversity and the ability for each local school district to adapt its educational program to local needs and desires. Therefore, it is the policy of the State that all Vermont children will be afforded educational opportunities that are substantially equal although educational programs may vary from district to district.

Added 1997, No. 60 , § 2, eff. June 26, 1997.

History

Prior law. Former § 1, relating to power of Department of Education, was derived from V.S. 1947, § 506; 1937, No. 85 , § 1; P.L. § 475; 1933, No. 157 , § 416; 1923, No. 7 , § 34; 1923, No. 8 , § 3; and repealed by 1969, No. 298 (Adj. Sess.), § 79.

§§ 2-6. Repealed. 1969, No. 298 (Adj. Sess.), § 79.

History

Former §§ 2-6. Former § 2, relating to direction and control of educational system, was derived from V.S. 1947, § 4202; 1935, No. 86 , § 8, P.L. § 4138; 1923, No. 32 , § 17.

Former § 3, relating to duties of superintendents, was derived from V.S. 1947, § 4195; 1935, No. 86 , § 6; P.L. § 4137; 1923, No. 32 , § 16. The subject matter is now covered by § 242 of this title.

Former § 4, relating to oath of educational personnel and subversive activities, was derived from V.S. 1947, § 4301; 1935, No. 88 , § 1; P.L. § 4236; 1931, No. 22 . For present provision relating to oath, see § 12 of this title.

Former § 5, relating to prohibited gratuities and compensation, was derived from V.S. 1947, § 4412; P.L. § 4334; G.L. § 1329; 1917, No. 254 , § 1289; 1912, No. 62 , § 21; P.S. § 1109; V.S. § 778; 1888, No. 9 , § 187; 1884, No. 36 , § 1. The subject matter is now covered by § 557 of this title.

Former § 6, relating to construction of chapters 1, 3, 5, and 7 of this title, was derived from V.S. 1947, § 4208; 1935, No. 86 , § 13; P.L. § 4164; 1923, No. 32 , § 24.

§ 11. Classifications and definitions.

  1. As used in this title, unless the context otherwise clearly requires:
    1. "Secretary" means the Secretary of Education.
    2. "Electorate" means the qualified voters in a school district voting at a properly warned school district meeting.
    3. "Elementary education" means a program of public school education adapted to the needs of students in prekindergarten, kindergarten, and the first six grades.
    4. "Grades" means the division of the educational work of the public schools into 13 school year units beginning with kindergarten and thereafter numbered from one to 12 beginning with the lowest.  The first six grades and kindergarten are the elementary grades.  The last six grades are the high school grades.  This classification is not a limitation of the character of work, the organization of school facilities, or the studies that may be carried on in either the elementary or the high schools.
    5. "Secondary education or high school education" means a program of public school education of six years adapted to the needs of students who have completed their elementary education.
    6. "Kindergarten" means an educational program for children of one year adapted to the needs of students who will attend first grade the following year.
    7. "Public school" means an elementary school or secondary school operated by a school district. A public school may maintain evening or summer schools for its students and it shall be considered a public school.
    8. "Independent school" means a school other than a public school, which provides a program of elementary or secondary education, or both. An "independent school meeting education quality standards" means an independent school in Vermont that undergoes the education quality standards process and meets the requirements of subsection 165(b) of this title.
    9. "School board" means the board of school directors elected to manage the schools of a school district, the prudential committee of an incorporated school district, the supervisory union board of directors, and the supervisors of unorganized towns and gores.
    10. "School district" means town school districts, union school districts, interstate school districts, city school districts, unified union districts, and incorporated school districts, each of which is governed by a publicly elected board.
    11. "School district meeting" means a duly warned meeting of a school district at which questions are presented to the electorate.
    12. "School year" means the year beginning July 1 and ending the next June 30.
    13. "Superintendent" means the chief executive officer of a supervisory union and each school board within it.
    14. "Agency of Education" means the Secretary and staff necessary to carry out the functions of the Agency.
    15. "State Board" means the State Board of Education established by chapter 3 of this title.
    16. [Repealed.]
    17. "Adult education and literacy" means a program of public education adapted to the needs of persons who are beyond compulsory school age, and who have not completed high school education.
    18. [Repealed.]
    19. "Recognized independent school" for any school year means an independent school that meets the requirements for recognized independent schools in section 166 of this title and that is not a home study program.
    20. "Approved independent school" means an independent school that is approved under section 166 of this title.
    21. "Home study program" means an educational program offered through home study that provides a minimum course of study and that is offered to not more than:
      1. children residing in that home; and
      2. children not residing in that home who either are two or fewer in number or who are from one family.
    22. [Repealed.]
    23. "Supervisory union" means an administrative, planning, and educational service unit created by the State Board under section 261 of this title, that consists of two or more school districts; if the context clearly allows, the term also means a supervisory district.
    24. "Supervisory district" means a supervisory union that consists of only one school district, which may be a unified union district.
    25. "Remedial" and "compensatory" services mean educational services, not including special education services, for children who require additional assistance in order to benefit from general classroom instruction and include education services for children at risk of school failure.
      1. "Harassment" means an incident or incidents of verbal, written, visual, or physical conduct, including any incident conducted by electronic means, based on or motivated by a student's or a student's family member's actual or perceived race, creed, color, national origin, marital status, sex, sexual orientation, gender identity, or disability that has the purpose or effect of objectively and substantially undermining and detracting from or interfering with a student's educational performance or access to school resources or creating an objectively intimidating, hostile, or offensive environment. (26) (A) "Harassment" means an incident or incidents of verbal, written, visual, or physical conduct, including any incident conducted by electronic means, based on or motivated by a student's or a student's family member's actual or perceived race, creed, color, national origin, marital status, sex, sexual orientation, gender identity, or disability that has the purpose or effect of objectively and substantially undermining and detracting from or interfering with a student's educational performance or access to school resources or creating an objectively intimidating, hostile, or offensive environment.
      2. "Harassment" includes conduct that violates subdivision (A) of this subdivision (26) and constitutes one or more of the following:
        1. Sexual harassment, which means conduct that includes unwelcome sexual advances, requests for sexual favors and other verbal, written, visual, or physical conduct of a sexual nature when one or both of the following occur:
          1. Submission to that conduct is made either explicitly or implicitly a term or condition of a student's education.
          2. Submission to or rejection of such conduct by a student is used as a component of the basis for decisions affecting that student.
        2. Racial harassment, which means conduct directed at the characteristics of a student's or a student's family member's actual or perceived race or color, and includes the use of epithets, stereotypes, racial slurs, comments, insults, derogatory remarks, gestures, threats, graffiti, display, or circulation of written or visual material, and taunts on manner of speech and negative references to racial customs.
        3. Harassment of members of other protected categories, which means conduct directed at the characteristics of a student's or a student's family member's actual or perceived creed, national origin, marital status, sex, sexual orientation, gender identity, or disability and includes the use of epithets, stereotypes, slurs, comments, insults, derogatory remarks, gestures, threats, graffiti, display, or circulation of written or visual material, taunts on manner of speech, and negative references to customs related to any of these protected categories.
    26. "Tutorial program" means education provided to a student who is placed in a short-term program for evaluation and treatment purposes.
    27. "State-placed student" means:
      1. a Vermont student who has been placed in a school district other than the district of residence of the student's parent, parents, or guardian or in an approved residential facility by a Vermont State agency, a Vermont licensed child placement agency, a designated community mental health agency, any other agency as defined by the Secretary, or by a court of competent jurisdiction in another state, territory, or country; or
      2. a Vermont student who:
        1. is 18 years of age or older;
        2. is living in a community residence as a result of placement by a Vermont State agency, a Vermont licensed child placement agency, a designated community mental health agency, or by a court of competent jurisdiction in another state, territory, or country, and whose residential costs are paid for in whole or in part by one of these agencies; and
        3. resides in a school district other than the district of the student's parent or parents; or
      3. [Repealed.]
      4. a Vermont student who:
        1. is in either:
          1. the legal custody of the Commissioner for Children and Families; or
          2. the temporary legal custody of an individual pursuant to 33 V.S.A. § 5308(b)(3) or (4), until a disposition order has been entered pursuant to section 5318 of that title; and
        2. is determined by the Secretary of Education to be in particular need of educational continuity by attending a school in a district other than the student's current district of residence;
      5. but does not mean a student placed within a correctional facility or in the Woodside Juvenile Rehabilitation Center.
    28. [Repealed.]
      1. "Hazing" means any act committed by a person, whether individually or in concert with others, against a student in connection with pledging, being initiated into, affiliating with, holding office in, or maintaining membership in any organization that is affiliated with an educational institution; and that is intended to have the effect of, or should reasonably be expected to have the effect of, humiliating, intimidating, or demeaning the student or endangering the mental or physical health of a student. Hazing also includes soliciting, directing, aiding, or otherwise participating actively or passively in these acts. Hazing may occur on or off the campus of an educational institution. Hazing shall not include any activity or conduct that furthers legitimate curricular, extracurricular, or military training program goals, provided that: (30) (A) "Hazing" means any act committed by a person, whether individually or in concert with others, against a student in connection with pledging, being initiated into, affiliating with, holding office in, or maintaining membership in any organization that is affiliated with an educational institution; and that is intended to have the effect of, or should reasonably be expected to have the effect of, humiliating, intimidating, or demeaning the student or endangering the mental or physical health of a student. Hazing also includes soliciting, directing, aiding, or otherwise participating actively or passively in these acts. Hazing may occur on or off the campus of an educational institution. Hazing shall not include any activity or conduct that furthers legitimate curricular, extracurricular, or military training program goals, provided that:
        1. the goals are approved by the educational institution; and
        2. the activity or conduct furthers the goals in a manner that is appropriate, contemplated by the educational institution, and normal and customary for similar programs at other educational institutions.
      2. The definitions of "educational institution," "organization," "pledging," and "student" shall be the same as those in section 570i of this title.
    29. "Early childhood education," "early education," or "prekindergarten education" means services designed to provide developmentally appropriate early development and learning experiences based on Vermont's early learning standards to children who are three to four years of age and to five-year-old children who are not eligible for or enrolled in kindergarten.
    30. "Bullying" means any overt act or combination of acts, including an act conducted by electronic means, directed against a student by another student or group of students and that:
      1. is repeated over time;
      2. is intended to ridicule, humiliate, or intimidate the student; and
        1. occurs during the school day on school property, on a school bus, or at a school-sponsored activity, or before or after the school day on a school bus or at a school-sponsored activity; or (C) (i) occurs during the school day on school property, on a school bus, or at a school-sponsored activity, or before or after the school day on a school bus or at a school-sponsored activity; or
        2. does not occur during the school day on school property, on a school bus, or at a school-sponsored activity and can be shown to pose a clear and substantial interference with another student's right to access educational programs.
        3. is the parent of a child.
          1. [Repealed.]

            (J) If the school is a secondary school, information and supporting data presented in a manner designed to protect student confidentiality on the dropout and graduation rates.

            (K) Data provided by the Secretary that enable a comparison with other schools, or school districts if school level data are not available, for cost-effectiveness. The Secretary shall establish which data are to be included pursuant to this subdivision and, notwithstanding that the other elements of the report are to be presented in a format selected by the school board, shall develop a common format to be used by each school in presenting the data to community members. The Secretary shall provide the most recent data available to each school no later than October 1 of each year. Data to be presented include student-to-teacher ratio, administrator-to-student ratio, administrator-to-teacher ratio, and cost per pupil.

      1. "Pregnant or parenting pupil" means a legal pupil of any age who is not a high school graduate and who: (33) (A) "Pregnant or parenting pupil" means a legal pupil of any age who is not a high school graduate and who:
      2. "Pregnant or parenting pupil" does not include a person whose parental rights have been terminated, except if the person has placed the child for adoption or has voluntarily relinquished parental rights, within one year before the public or approved independent school or the approved education program receives a request for enrollment or attendance.

      (i) is pregnant; or

    31. "Approved education program" means a program that is evaluated and approved by the State Board pursuant to written standards, that is neither an approved independent school nor a public school, and that provides educational services to one or more students in collaboration with the student's or students' school district of residence. An "approved education program" includes an "approved teen parent education program."
    32. "Teen parent education program" means a program designed to provide educational and other services to pregnant pupils or parenting pupils, or both.
  2. Each school district shall be known by the name of the municipality in which it lies, or in the case of union, incorporated, and interstate school districts, by a number and by a name given the district by its school board and approved by the Secretary.

    Added 1969, No. 298 (Adj. Sess.), § 10; amended 1975, No. 48 , § 1, eff. April 15, 1975; 1975, No. 147 (Adj. Sess.), § 2; 1981, No. 151 (Adj. Sess.), § 1; 1981, No. 170 (Adj. Sess.), § 10a, eff. April 19, 1982; 1983, No. 248 (Adj. Sess.), § 1; 1985, No. 71 , § 2; 1987, No. 68 , § 2; 1987, No. 97 , § 1, eff. June 23, 1987; 1987, No. 228 (Adj. Sess.), §§ 1, 2; 1989, No. 44 , § 2, eff. June 1, 1990; 1989, No. 230 (Adj. Sess.), § 5; 1991, No. 24 , § 1; 1993, No. 162 (Adj. Sess.), § 2; 1995, No. 157 (Adj. Sess.), § 1; 1997, No. 71 (Adj. Sess.), § 107, eff. March 11, 1998; 1999, No. 120 (Adj. Sess.), § 2; 2001, No. 8 , § 1; 2003, No. 66 , § 188a; 2003, No. 68 , § 25, eff. June 18, 2003; 2003, No. 91 (Adj. Sess.), § 2; 2003, No. 117 (Adj. Sess.), § 1; 2007, No. 41 , § 17; 2007, No. 62 , § 2; 2007, No. 66 , § 1; 2009, No. 44 , §§ 1, 14, 29, 32, 33, eff. May 21, 2009; 2011, No. 58 , §§ 35, 36, eff. May 31, 2011; 2011, No. 129 (Adj. Sess.), § 32; 2013, No. 92 (Adj. Sess.), § 1, eff. Feb. 14, 2014; 2013, No. 179 (Adj. Sess.), § E.500.6; 2015, No. 23 , §§ 17, 31; 2015, No. 48 , § 1.

  • has given birth, has placed a child for adoption, or has experienced a miscarriage, if any of these has occurred within one year before the public or approved independent school or the approved education program receives a request for enrollment or attendance; or
  • History

    2009. 2009, No. 44 , § 29 provides: "Pursuant to its statutory revision authority in 2 V.S.A. § 424, the legislative council is directed to amend Title 16:

    "(1) By replacing the term 'adult basic education' with the term 'adult education and literacy' wherever it appears."

    Revision note - Subdiv. (a)(21), as added by 1987, No. 68 , was redesignated as subdiv. (a)(22) to avoid conflict with subdiv. (a)(21) as added by 1987, No. 97 .

    Amendments--2015. Subdiv. (a)(3): Act No. 48 inserted "prekindergarten" preceding "kindergarten".

    Subdiv. (a)(8): Act No. 23 substituted "education quality standards" for "school quality standards" in two places in the second sentence.

    Subdiv. (a)(30)(B): Act No. 23 substituted "section 570i" for "section 140a" .

    Amendments--2013 (Adj. Sess.). Section amended generally.

    Amendments--2009. Added subdiv. (a)(28)(D) and amended generally subdiv. (a)(28)(E); amended generally the last undesignated paragraph of subdiv. (a)(30); and added subdivs. (a)(33) through (a)(35).

    Amendments--2007. Subdiv. (10): Act 66 deleted "joint contract districts" following "interstate school districts".

    Subdivs. (26)(A), (26)(B)(iii): Act 41 inserted "gender identity," following "sexual orientation,".

    Subdiv. (a)(31): Act 62 rewrote the subdiv.

    Amendments--2003 (Adj. Sess.). Subdiv. (a)(26): Amended generally by Act No. 91.

    Subdiv. (a)(32): Added by Act No. 117.

    Amendments--2003. Subdiv. (a)(29): Repealed, effective July 1, 2004.

    Subdiv. (a)(31): Added.

    Amendments--2001. Subdiv. (a)(8): Substituted "independent school meeting school quality standards" for "independent school meeting public school standards" and "which undergoes the school quality standards process and meets the requirements of subsection 165(b) of this title" for "that applies to the state board for public school approval and meets the standards for public school approval".

    Amendments--1999 (Adj. Sess.) Subdiv. (a)(30): Added.

    Amendments--1997 (Adj. Sess.). Subdiv. (a)(29): Added.

    Amendments--1995 (Adj. Sess.) Subdiv. (a)(25): Substituted "general" for "regular" preceding "classroom".

    Subdivs. (a)(27), (a)(28): Added.

    Amendments--1993 (Adj. Sess.) Subdiv. (a)(26): Added.

    Amendments--1991 Subdiv. (a)(7): Amended generally.

    Subdiv. (a)(8): Substituted "independent school" for "private school" preceding "means" in the first sentence and added the second sentence.

    Amendments--1989 (Adj. Sess.) Subdiv. (a)(25): Added.

    Amendments--1989 Subdiv. (a)(19): Amended generally.

    Subdiv. (a)(20): Substituted "approved independent school" for "approved private school" preceding "means" and "an independent" for "a private" thereafter.

    Amendments--1987 (Adj. Sess.) Subdiv. (a)(10): Inserted "unified union districts" preceding "and incorporated".

    Subdiv. (a)(23): Added.

    Subdiv. (a)(24): Added.

    Amendments--1987 Act No. 97 added subdiv. (a)(21). [For repeal of amendment, see note set out below.]

    Act No. 68 added subdiv. (a)(21).

    Amendments--1985 Subdiv. (a)(3): Inserted "kindergarten and" preceding "the first six" and substituted "grades" for "years of compulsory school attendance, or the first seven years of a seven-year program if a kindergarten is established in a school district" thereafter.

    Subdiv. (a)(4): Amended generally.

    Amendments--1983 (Adj. Sess.) Subdiv. (a)(6): Substituted "of one year adapted to the needs of pupils who will attend first grade the following year" for "in the first year at a seven-year elementary education program" following "children".

    Amendments--1981 (Adj. Sess.) Subdiv. (a)(16): Repealed by Act No. 170.

    Subdivs. (18)-(20): Added by Act No. 151.

    Amendments--1975 (Adj. Sess.) Subdiv. (a)(17): Added.

    Amendments--1975 Subdiv. (a)(8): Substituted "elementary or secondary education, or both" for "education for pupils of the ages in the public schools" following "program of".

    Repeal of 1987, No. 68 amendment. 1987, No. 68 , § 8, provided for the repeal of 1987, No. 68, § 2, which added subdiv. (a)(21), redesignated as (a)(22), of this section, eff. June 30, 1991.

    ANNOTATIONS

    Analysis

    1. Tuition reimbursement.

    Statutory sections, when read together, base approval by State Board for independent school tuition reimbursement on curricular and attendance requirements. Campbell v. Manchester Bd. of Sch. Dirs., 161 Vt. 441, 641 A.2d 352 (1994).

    2. Student-student harassment claims.

    The Vermont Public Accommodations Act encompasses claims against school officials, as owners and operators of places of public accommodation, as well as their agents and employees, for unlawful in-school harassment of their students, even when the harassing conduct is perpetrated by other students. Washington v. Pierce, 179 Vt. 318, 895 A.2d 173 (December 16, 2005).

    3. Public Accommodations Act claims.

    The standard for Vermont Public Accommodations Act claims must accommodate both a student's right to be free of harassment in educational institutions, and a school's opportunity to respond to alleged harassment before being subject to litigation. Washington v. Pierce, 179 Vt. 318, 895 A.2d 173 (December 16, 2005).

    § 12. Oath.

    A superintendent; a principal or teacher in a public school of the State; a professor, instructor, or teacher who will be employed by a university or college in the State that is supported in whole or in part by public funds; or a headmaster or teacher who will be employed by an independent school or other educational institution accepted by the Agency as furnishing equivalent education, before entering upon the discharge of his or her duties, shall subscribe to an oath or affirmation to support the U.S. Constitution, the Vermont Constitution, and all State and federal laws; provided, however, that an oath shall not be required of any person who is a citizen of a foreign country.

    Added 1969, No. 298 (Adj. Sess.), § 11; amended 1991, No. 24 , § 11; 2013, No. 92 (Adj. Sess.), § 2, eff. Feb. 14, 2014.

    History

    Amendments--2013 (Adj. Sess.). Section amended generally.

    Amendments--1991 Substituted "an independent" for "a private" following "funds, or in".

    Annotations From Former § 4

    1. Constitutionality.

    Subsec. (a) of this section, setting forth oath or affirmation required of teachers and other school people, is presumptively constitutional. 1966-68 Op. Atty. Gen. 40.

    The oath required by subsec. (a) of this section to support the United States Constitution is required of all members of Congress, members of the state legislatures, and all executives and judicial officers, both of the states and of the United States under Article VI of the United States Constitution. 1966-68 Op. Atty. Gen. 40.

    Subsec. (b) of this section, dealing with "instruction, propaganda or activity" of a "subversive" nature, is unconstitutional. 1966-68 Op. Atty. Gen. 40.

    § 13. Gifted and talented children.

    1. "Gifted and talented children" means children identified by professionally qualified persons who, when compared to others of their age, experience, or environment, exhibit capability of high performance in intellectual, creative, or artistic areas, possess an unusual capacity for leadership, or excel in specific academic fields.
    2. It is the intent of the General Assembly that those who provide educational services to children be encouraged to apply for any available funding that will help to provide teacher training and other services for the benefit of gifted and talented children.
    3. Nothing in this section shall create an additional entitlement to educational or other services.

      Added 1995, No. 139 (Adj. Sess.), § 1.

    § 14. Redesignated. 2013, No. 92 (Adj. Sess.), § 74, eff. February 14, 2014.

    History

    Redesignation of § 14. Former § 14, relating to harassment, notice, and response, was derived from 2003, No. 91 (Adj. Sess.), § 3, and amended by 2011, No. 140 (Adj. Sess.), § 1. For present provisions, see § 570f of this title.

    § 15. Repealed. 2009, No. 135 (Adj. Sess.), § 26(6)(A).

    History

    Former § 15. Former § 15, relating to Council on Civics Education, was derived from 2005, No. 182 (Adj. Sess.), § 29.

    Subchapter 2. Federal Funds

    § 41. Authority of Agency to use federal funds to aid education.

    1. The Agency of Education is designated as the sole state agency to establish and administer any statewide plan required as a condition for receipt of federal funds made available to the State for any educational purposes, including career technical education and adult education and literacy. The Agency shall also be the agency to accept and administer federal funds that require administration by a state education agency having jurisdiction of elementary and secondary education.
    2. Subject to the approval of the Governor, the Agency may accept and use federal funds. It may establish criteria and procedures to conform with any requirements established for the use of the funds and may take such other action as may be required to comply with any condition for receipt of federal aid.

      Added 1969, No. 298 (Adj. Sess.), § 19; amended 1975, No. 147 (Adj. Sess.), § 1; 1983, No. 247 (Adj. Sess.), § 2; 1991, No. 204 (Adj. Sess.), § 7; 2009, No. 44 , § 29, eff. May 21, 2009; 2013, No. 92 (Adj. Sess.), §§ 17, 302, eff. Feb. 14, 2014.

    History

    Amendments--2013 (Adj. Sess.). Section heading: Substituted "Agency" for "state board of education" following "of" and "use" for "utilize" preceding "federal".

    Section amended generally.

    Redesignation of section - 2013 (Adj. Sess.). This section, which was originally enacted as § 168 of this title, was redesignated as § 41 pursuant to 2013, No. 92 (Adj. Sess.), § 17, eff. Feb. 14, 2014.

    Former § 41 - History. Former § 41, relating to establishment of advisory committee on alcohol education, was derived from 1951, No. 240 , § 1 and was previously repealed by 1969, No. 158 (Adj. Sess.), § 6 and 1969, No. 298 (Adj. Sess.), § 79. For present provisions relating to alcohol education, see chapter 1, subchapter 7 and § 909 of this title.

    § 42. Acceptance, distribution, and accounting of federal funds.

    1. The State Treasurer, acting upon the order of the Secretary, shall accept, distribute, and account for federal funds available for use by the Agency. Funds shall be distributed and accounted for by the State Treasurer in accordance with the laws of Vermont, but if there is a conflict between those laws and the laws or regulations of the United States, then federal law shall apply. The Secretary shall prepare and submit federally required statements of funds received and disbursed. The Secretary shall cause an audit to be made of the federal funds and shall submit a copy of the audit as required by federal law. The audit shall be supported by any reports from the supervisory union, local school districts, or other recipients of federal funds as may be required by the Secretary or the federal government.
    2. The State Treasurer may directly deposit checks payable to a supervisory union or any school district within it or may deliver checks to the superintendent of the supervisory union.

      Added 1969, No. 298 (Adj. Sess.), § 20; amended 1987, No. 228 (Adj. Sess.), § 8; 2013, No. 92 (Adj. Sess.), § 18, eff. Feb. 14, 2014.

    History

    Amendments--2013 (Adj. Sess.). Section amended generally.

    Amendments--1987 (Adj. Sess.) Designated the existing provisions of the section as subsec. (a), inserted "or her " preceding "authorized " in the first sentence, deleted the former third sentence and inserted "supervisory union " preceding "local " in the fifth sentence of that subsec., and added subsec. (b).

    Redesignation of section - 2013 (Adj. Sess.). This section, which was originally enacted as § 169 of this title, was redesignated as § 42 pursuant to 2013, No. 92 (Adj. Sess.), § 18, eff. Feb. 14, 2014.

    Former § 42 - History. Former § 42, relating to duties of advisory committee on alcohol education and supervisor of alcohol education, was derived from 1951, No. 240 , § 2. For present provisions relating to alcohol education, see chapter 1, subchapter 7 and § 909 of this title.

    § 43. Federal education aid funds; administration; local education agency.

    1. The Agency, as sole state agency, may administer federal funds made available to the State under the Elementary and Secondary Education Act of 1965, Public L. No. 89-10, as amended, and the No Child Left Behind Act of 2001, Public L. No. 107-110. Those funds may be accepted and shall be distributed and accounted for by the State Treasurer in accordance with that law and rules and regulations of the United States issued under it if there is conflict between that law or those rules and regulations and the laws of this State.
    2. For purposes of distribution of funds under this section, a supervisory union shall be a local education agency as that term is defined in 20 U.S.C. § 7801(26).
    3. For purposes of determining student performance and application of consequences for failure to meet standards and for provision of compensatory and remedial services pursuant to 20 U.S.C. §§ 6311-6318, a supervisory union shall be a local education agency.

      Added 1965, No. 190 , eff. June 30, 1965; amended 2003, No. 64 , § 1; 2003, No. 114 (Adj. Sess.), § 1; 2013, No. 92 (Adj. Sess.), § 19, eff. Feb. 14, 2014; 2015, No. 46 , § 42, eff. July 1, 2016.

    History

    Reference in text. The Elementary and Secondary Education Act of 1965, referred to in this section, was codified as 20 U.S.C. § 241a et seq., and was repealed by Pub. L. No. 95-561, Title I, § 101(c), 92 Stat. 2200. For present provisions relating to federal aid to elementary and secondary schools, see 20 U.S.C. § 6301 et seq.

    2015. In subsec. (c), substituted "student" for "pupil" in accordance with 2013, No. 92 (Adj. Sess.), § 302.

    Amendments--2015. Subsec. (c): Substituted "supervisory union" for "school district" preceding "shall be a local education agency" at the end of the sentence.

    Amendments--2013 (Adj. Sess.). Section heading: Added "; local education agency" following "administration".

    Subsec. (a): Amended generally.

    Amendments--2003 (Adj. Sess.). Added the subsec. (a) designation and added subsecs. (b) and (c).

    Amendments--2003. Inserted "as amended, and Public Law 107-110, known as the No Child Left Behind Act of 2001" to the end of the first sentence.

    Redesignation of section - 2013 (Adj. Sess.). This section, which was originally enacted as § 144b, was redesignated as § 43 pursuant to 2013, No. 92 (Adj. Sess.), § 19, eff. Feb. 14, 2014.

    Former § 43 - History. Former § 43, relating to scholarships for teachers to study alcohol education, was derived from 1951, No. 240 , § 3 and was previously repealed by 1969, No. 158 (Adj. Sess.), § 6 and 1969, No. 298 (Adj. Sess.), § 79. For present provisions relating to alcohol education, see chapter 1, subchapter 7 and § 909 of this title.

    § 44. Federal funds; school food programs.

    The Agency is authorized to accept and use federal funds made available to the State for school food programs under the National School Lunch Act, the Child Nutrition Act, and any amendments to those laws.

    Added 1969, No. 298 (Adj. Sess.), § 23; amended 2013, No. 92 (Adj. Sess.), § 21, eff. Feb. 14, 2014.

    History

    Reference in text. The National School Lunch Act, referred to in text, is codified as 42 U.S.C. § 1751 et seq.

    The Child Nutrition Act, referred to in text, is codified as 42 U.S.C. § 1771 et seq.

    Amendments--2013 (Adj. Sess.). Section amended generally.

    Redesignation of section - 2013 (Adj. Sess.). This section, which was originally enacted as § 172, was redesignated as § 44 pursuant to 2013, No. 92 , § 21, eff. Feb. 14, 2014.

    Former § 44. Former § 44, relating to appropriations, was derived from 1957, No. 90 ; 1955, No. 116 ; 1953, No. 105 ; and 1951, No. 240 , § 4, and amended by 1961, No. 171 , § 2, and was previously repealed by 1969, No. 158 (Adj. Sess.), § 6 and 1969, No. 298 (Adj. Sess.), § 79.

    Subchapter 2A. Alcohol and Drug Abuse Education

    §§ 51-55. Repealed. 1977, No. 131 (Adj. Sess.), § 2, eff. March 3, 1978.

    History

    Former §§ 51-55. Former §§ 51-55, relating to alcohol and drug abuse education, were derived from 1969, No. 158 (Adj. Sess.), §§ 1-5. The subject matter is now covered by chapter 1, subchapter 7 and § 909 of this title.

    Subchapter 3. Arts and Crafts Advisory Council

    §§ 81-85. Repealed. 1977, No. 247 (Adj. Sess.), § 195.

    History

    Former §§ 81-85. Former § 81, relating to creation, term, and compensation of Arts and Crafts Advisory Commission, was derived from 1949, No. 102 , § 1; V.S. 1947, § 4383; 1941, No. 68 , § 1; and amended by 1959, No. 329 (Adj. Sess.), § 19(b).

    Former § 82, relating to duties of Arts and Crafts Advisory Commission, was derived from V.S. 1947, § 4384; 1941, No. 68 , § 2, and amended by 1959, No. 329 (Adj. Sess.), § 19(b).

    Former § 83, relating to Director of Arts and Crafts, was derived from V.S. 1947, § 4385; 1941, No. 68 , § 3, and amended by 1959, No. 329 (Adj. Sess.), § 19(b).

    Former § 84, relating to revolving fund for arts and crafts, was derived from 1951, No. 95 ; V.S. 1947, § 4386; 1943, No. 55 , § 1; 1941, No. 68 , § 4, and amended by 1959, No. 329 (Adj. Sess.), § 19(b). The subject matter is now covered by § 114 of this title.

    Former § 85, relating to gifts and donations, was derived from V.S. 1947, § 4387; 1941, No. 68 , § 5.

    Subchapter 4. Teacher Education Advisory Council

    §§ 101-106. Repealed. 1961, No. 247, § 4.

    History

    Former §§ 101-106. Former §§ 101-106, relating to teacher education advisory council, were derived from 1959, No. 245 , §§ 1-6.

    Subchapter 5. Council on the Arts

    § 111. Purpose of Council.

    In order to increase the opportunities for Vermonters and visitors to Vermont to view, enjoy, and participate in the visual and performing arts, a group of people devoted to the practices of architecture, painting, sculpture, photography, music, dance, drama, crafts, literature, and other related arts have formed the Vermont Council on the Arts, Inc. (Council). The Council is a nonprofit organization formed for the purpose of coordinating and encouraging schools, organizations, and individuals in their several artistic and cultural activities.

    Added 1965, No. 170 , § 1, eff. June 30, 1965; amended 2019, No. 131 (Adj. Sess.), § 49.

    History

    Revision note. Substituted "arts" for "art" and "encouraging" for "encourage" to correct grammatical errors.

    Amendments--2019 (Adj. Sess.). Inserted "(Council). The Council is" and substituted "formed" for "hereinafter called the Council,".

    § 112. Designation as state agency.

    The Council is designated as the state agency to formulate and apply for grants-in-aid to the State under the National Arts and Cultural Development Act of 1964, as amended.

    Added 1965, No. 170 , § 2, eff. June 30, 1965; amended 2019, No. 131 (Adj. Sess.), § 50.

    History

    Reference in text. The National Arts and Cultural Development Act of 1964, referred to in this section, was codified as 20 U.S.C. §§ 781-790. 20 U.S.C. §§ 781-788 and 790 were repealed by Pub. L. No. 91-346, § 5(d)(3)(B), 84 Stat. 445, and 20 U.S.C. § 789 was repealed by Pub. L. No. 89-209, § 6(d)(5), 79 Stat. 850. For present provisions relating to the National Council on the Arts, see 20 U.S.C. § 955.

    Amendments--2019 (Adj. Sess.). Deleted "hereby" following "Council is" and substituted ", as amended" for "and any amendments thereto".

    § 113. Repealed. 2011, No. 139 (Adj. Sess.), § 51(f)(1), eff. May 14, 2012.

    History

    Former § 113. Former § 113, relating to report on activities of Council on the Arts, was derived from 1965, No. 170 , § 3.

    § 114. Revolving loan fund.

    There is established for the Council on the Arts a revolving loan fund of $3,000.00 to enable needy persons and groups to purchase supplies useful in their art or craft. Funds may be loaned under terms and conditions of repayment as the Council directs, and the Council may adjust or forgive any amount owed to the fund. The Council shall repay all amounts so adjusted or forgiven from its general appropriation.

    Added 1979, No. 74 , § 347.

    History

    Revision note. In the second sentence, substituted "owed" for "owned" to correct an apparent typographical error.

    Editor's note. Section was enacted without a section heading, which has been supplied.

    Subchapter 6. Vermont French Cultural Commission

    §§ 121-123. Repealed. 1995, No. 188 (Adj. Sess.), § 4.

    History

    Former §§ 121-123. Former §§ 121-123, relating to the Vermont French Cultural Commission, were derived from 1973, No. 218 (Adj. Sess.).

    Subchapter 6A. Humanities Council

    History

    2004. Substituted "Humanities Council" for "Council on Humanities" to be consistent with changes made in 2003, No. 66 .

    § 126. Purpose of the Council.

    In order to increase the opportunities of Vermonters and visitors to Vermont to take part in and enjoy programs in the humanities, a group of people devoted to history, philosophy, languages, linguistics, literature, archeology, jurisprudence, ethics, comparative religion, the theory and criticism of the arts, and related fields has formed the Vermont Humanities Council, a nonprofit organization for the purpose of assisting and encouraging libraries, schools, museums, colleges, universities, and other organizations in their several cultural and educational activities in the humanities.

    Added 1991, No. 105 ; amended 2003, No. 66 , § 250.

    History

    Amendments--2003. Substituted "humanities council" for "council on the humanities".

    § 127. Designation.

    The Vermont Humanities Council is designated as the nonprofit organization in the State to apply for funds distributed by the Division of State Programs, or its successor programs, of the National Endowment for the Humanities under the National Foundation of the Arts and Humanities Act of 1965, as amended.

    Added 1991, No. 105 ; amended 2003, No. 66 , § 250; amended 2019, No. 131 (Adj. Sess.), § 51.

    History

    Reference in text. The National Foundation on the Arts and Humanities Act of 1965, referred to in this section, is codified as 20 U.S.C. § 951 et seq.

    Amendments--2019 (Adj. Sess.). Substituted "as amended" for ", and any amendments thereto".

    Amendments--2003. Substituted "humanities council" for "council on the humanities".

    § 128. Repealed. 2009, No. 33, § 83(g)(1).

    History

    Former § 128. Former § 128, relating to report on the activities of the Humanities Council, was derived from 1991, No. 105 .

    Subchapter 7. Comprehensive Health Education

    § 131. Definition.

    As used in this title, "comprehensive health education" means a systematic and extensive elementary and secondary educational program designed to provide a variety of learning experiences based upon knowledge of the human organism as it functions within its environment. The term includes the study of:

    1. Body structure and function, including the physical, psychosocial, and psychological basis of human development, sexuality, and reproduction.
    2. Community health to include environmental health, pollution, public health, and world health.
    3. Safety, including:
      1. first aid, disaster prevention, and accident prevention; and
      2. information regarding and practice of compression-only cardiopulmonary resuscitation and the use of automated external defibrillators.
    4. Disease, such as HIV infection, other sexually transmitted diseases, as well as other communicable diseases, and the prevention of disease.
    5. Family health and mental health, including instruction that promotes the development of responsible personal behavior involving decision making about sexual activity, including abstinence; skills that strengthen existing family ties involving communication, cooperation, and interaction between parents and students; and instruction to aid in the establishment of strong family life in the future, thereby contributing to the enrichment of the community; and that promotes an understanding of depression and the signs of suicide risk in a family member or fellow student that includes how to respond appropriately and seek help and provides an awareness of the available school and community resources such as the local suicide crisis hotline.
    6. Personal health habits, including dental health.
    7. Consumer health, including health careers, health costs, and utilizing health services.
    8. Human growth and development, including understanding the physical, emotional, and social elements of individual development and interpersonal relationships, including instruction in parenting methods and styles. This shall include information regarding the possible outcomes of premature sexual activity, contraceptives, adolescent pregnancy, childbirth, adoption, and abortion.
    9. Drugs, including education about alcohol, caffeine, nicotine, and prescribed drugs.
    10. Nutrition.
    11. How to recognize and prevent sexual abuse and sexual violence, including developmentally appropriate instruction about promoting healthy and respectful relationships, developing and maintaining effective communication with trusted adults, recognizing sexually offending behaviors, and gaining awareness of available school and community resources. An employee of the school shall be in the room during the provision of all instruction or information presented under this subdivision.

      Added 1977, No. 131 (Adj. Sess.), § 1, eff. March 3, 1978; amended 1987, No. 270 (Adj. Sess.), § 1; 2005, No. 114 (Adj. Sess.), § 2; 2009, No. 1 , § 3, eff. July 1, 2011; 2011, No. 151 (Adj. Sess.), § 1, eff. May 16, 2012; 2011, No. 156 (Adj. Sess.), § 29, eff. May 16, 2012; 2019, No. 157 (Adj. Sess.), § 3, eff. Nov. 1, 2020.

    History

    Amendments--2019 (Adj. Sess.). Substituted "Definition" for "Definitions" in the section heading and substituted "As used in this title" for "For purposes of this subchapter" in the introductory paragraph.

    Amendments--2011 (Adj. Sess.). Subdiv. (3): Act No. 151 added the subdiv. (3)(A) designation and added subdiv. (3)(B).

    Subdiv. (11): Act No. 156 added the last sentence.

    Amendments--2009. Added subdiv. (11) and amended section generally.

    Amendments--2005 (Adj. Sess.). Subdiv. (5): Added "and which promotes an understanding of depression and the signs of suicide risk in a family member or fellow student that includes how to respond appropriately and seek help and provides an awareness of the available school and community resources such as the local suicide crisis hotline" following "community".

    Amendments--1987 (Adj. Sess.) Rewrote subdivs. (1), (4), (5) and (8).

    § 132. Secondary schools; provision of contraceptives. Section 132 effective July 1, 2021.

    In order to prevent or reduce unintended pregnancies and sexually transmitted diseases, each school district shall make condoms available to all students in its secondary schools, free of charge. School district administrative teams, in consultation with school district nursing staff, shall determine the best manner in which to make condoms available to students. At a minimum, condoms shall be placed in locations that are safe and readily accessible to students, including the school nurse's office.

    Added 2019, No. 157 (Adj. Sess.), § 4, eff. July 1, 2021.

    History

    Former § 132. Former § 132, relating to advisory council, was derived from 1977, No. 131 (Adj. Sess.), § 1. This section was previously repealed by 2009, No. 135 (Adj. Sess.), § 26(6)(B).

    § 133. Supervisor; comprehensive health education.

    1. The Secretary with the approval of the State Board may appoint one qualified person to supervise the preparation of appropriate curricula for use in the public schools, to promote programs for the preparation of teachers to teach these curricula, and to assist in the development of comprehensive health education programs.
    2. [Repealed.]
    3. Vermont school districts may include a module within the secondary school health class curricula relating to cervical cancer and the human papillomavirus. The Agency shall work with relevant medical authorities to update the current model module to reflect up-to-date information and practices for health education in this area.

      Added 1977, No. 131 (Adj. Sess.), § 1, eff. March 3, 1978; amended 2007, No. 203 (Adj. Sess.), § 22, eff. June 10, 2008; 2013, No. 92 (Adj. Sess.), § 3, eff. Feb. 14, 2014.

    History

    Amendments--2013 (Adj. Sess.). Section heading: Added "comprehensive health education".

    Subsec. (a): Substituted "Secretary" for "commissioner" following "The".

    Subsec. (b): Repealed.

    Subsec. (c): Substituted "Agency" for "department of education" preceding "shall".

    Amendments--2007 (Adj. Sess.). Subsec. (c): Added.

    § 134. Religious exemption.

    Any student whose parent shall present to the school principal a signed statement that the teaching of disease, its symptoms, development, and treatment, conflicts with the parents' religious convictions shall be exempt from such instruction, and no child so exempt shall be penalized by reason of that exemption.

    Added 1977, No. 131 (Adj. Sess.), § 1, eff. March 3, 1978; amended 1987, No. 270 (Adj. Sess.), § 2.

    History

    2013 (Adj. Sess.). Substituted "student" for "pupil" in accordance with 2013, No. 92 (Adj. Sess.), § 302.

    Amendments--1987 (Adj. Sess.) Section amended generally.

    § 135. Program development; community advisory council.

    1. The Agency shall offer assistance to school districts and supervisory unions to provide teacher instruction in comprehensive health education.
    2. Any school district board or supervisory union board may establish a comprehensive health education community advisory council to assist the school board in developing and implementing comprehensive health education. The school board shall provide public notice to the community to allow all interested parties to apply for appointment. The school board shall endeavor to appoint members who represent various points of view within the community regarding comprehensive health education.

      Added 1987, No. 270 (Adj. Sess.), § 3; amended 2013, No. 92 (Adj. Sess.), § 4, eff. Feb. 14, 2014.

    History

    Amendments--2013 (Adj. Sess.). Section heading: Added "community advisory council".

    Section amended generally.

    § 136. Wellness program; Advisory Council on Wellness and Comprehensive Health.

    1. As used in this section:
      1. "Fitness program" means a program that includes a physical education program and a physical activity program.
      2. "Nutrition" includes all food and beverages sold or served in the food service program, vending machines, snack bars, and school stores.
      3. "Physical activity program" means a program that includes, in addition to regular physical education classes, minimum daily physical activity for each student provided through activities such as recess and other recreation periods, and participation in athletics either during or after regular school hours. "Physical activity" means moderate and vigorous physical activities.
      4. "Physical education program" means a sequential, developmentally appropriate program that is an enjoyable experience for students and is designed to help students develop the knowledge, skill, self-management skill, attitudes, and confidence needed to adopt and maintain physical fitness throughout their lives.
      5. "Wellness program" means a program that includes fitness and nutrition.
    2. The Secretary with the approval of the State Board shall establish an Advisory Council on Wellness and Comprehensive Health that shall include at least three members associated with the health services field. The members shall serve without compensation but shall receive their actual expenses incurred in connection with their duties relating to wellness and comprehensive health programs. The Council shall assist the Agency to plan, coordinate, and encourage wellness and comprehensive health programs in the public schools.
    3. The Secretary shall collaborate with other agencies and councils working on childhood wellness to:
      1. Supervise the preparation of appropriate nutrition and fitness curricula for use in the public schools, promote programs for the preparation of teachers to teach these curricula, and assist in the development of wellness programs.
      2. [Repealed.]
      3. Establish and maintain a website that displays data from a youth risk behavior survey in a way that enables the public to aggregate and disaggregate the information.
      4. Research funding opportunities for schools and communities that wish to build wellness programs and make the information available to the public.
      5. Create a process for schools to share with the Department of Health any data collected about the height and weight of students in kindergarten through grade six. The Commissioner of Health may report any data compiled under this subdivision on a countywide basis. Any reporting of data must protect the privacy of individual students and the identity of participating schools.
    4. The Agency shall offer assistance to school districts and supervisory unions to provide teacher instruction in wellness programs.
    5. Any school district board or supervisory union board may establish a wellness community advisory council to inventory community programs and assets and to assist the school board and community in developing and implementing wellness programs. The school board shall provide public notice to the community to allow all interested parties to apply for appointment. The school board shall endeavor to appoint members who represent various points of view and expertise within the community regarding wellness programs. Members may include representatives from coordinated school health teams, teachers, school administrators, students, community members, health care providers, parents, and others.

      Added 2003, No. 161 (Adj. Sess.), § 2; amended 2007, No. 154 (Adj. Sess.), § 6; 2009, No. 135 (Adj. Sess.), § 6; 2013, No. 92 (Adj. Sess.), §§ 5, 6, eff. Feb. 14, 2014.

    History

    Amendments--2013 (Adj. Sess.). Section amended generally.

    Amendments--2009 (Adj. Sess.) Subsec. (b): Inserted "and comprehensive health" following "wellness" throughout the subsec.

    Amendments--2007 (Adj. Sess.). Subdiv. (c)(2): Repealed.

    Purpose. 2003, No. 161 (Adj. Sess.), § 1, provides: "It is the purpose of this act [from which this section was derived] to encourage wellness programs in Vermont public schools and in Vermont communities. Wellness programs will be designed to encourage life-long patterns of healthy eating and regular physical exercise among Vermont citizens."

    Redesignation of section - 2013 (Adj. Sess.). This section, which was originally enacted as § 216 of this title, was redesignated as § 136 pursuant to 2013, No. 92 (Adj. Sess.), § 5, eff. Feb. 14, 2014.

    Subchapter 8. Tobacco Use Policy

    Cross References

    Cross references. Smoking in the workplace prohibited, see 18 V.S.A. chapter 37.

    Tobacco use, alcohol and drug abuse prevention education curriculum, see § 909 of this title.

    § 140. Tobacco use prohibited on public school grounds.

    No person shall be permitted to use tobacco products or tobacco substitutes as defined in 7 V.S.A. § 1001 on public school grounds or at public school sponsored functions. Public school boards may adopt policies that include confiscation and appropriate referrals to law enforcement authorities.

    Added 1987, No. 162 (Adj. Sess.), § 4; amended 1995, No. 52 , § 1; 1997, No. 58 , § 10; 2013, No. 135 (Adj. Sess.), § 4; 2017, No. 74 , § 21.

    History

    Amendments--2017. Inserted "products" following "use tobacco" in the first sentence.

    Amendments--2013 (Adj. Sess.). Inserted "or tobacco substitutes as defined in 7 V.S.A. § 1001" following "permitted to use tobacco"; and substituted "or" for "and no student shall be permitted to use tobacco" following "public school grounds" and "Public school boards may adopt policies that" for "Each public school board shall adopt policies prohibiting the possession and use of tobacco products by students at all times while under the supervision of school staff. These policies shall" following "school sponsored functions."

    Amendments--1997. Added the second and third sentences.

    Amendments--1995 Section amended generally.

    Subchapter 9. Hazing

    History

    Editor's note. Sections 140a-140d of this subchapter were originally enacted as §§ 151-154. They were redesignated to avoid conflict with section numbering in chapter 3 of this title.

    Redesignation of subchapter - 2013 (Adj. Sess.). 2013, No. 92 (Adj. Sess.), § 76, effective February 14, 2014, provided for the redesignation of this subchapter, which comprised §§ 140a-140d, which were redesignated as §§ 570i-570 l by 2013, No. 92 (Adj. Sess.), §§ 77-81. For present provisions, see chapter 9, subchapter 5, article 3 of this title.

    Training. 2005, No. 182 (Adj. Sess.), § 27 provides: "Prior to each September, the commissioner of education shall request that schools submit the names of organizations and individuals who have provided effective hazing, harassment, bullying, suicide, or substance abuse prevention training for staff or students, or both. In addition, the commissioner shall consult with the commission on human rights and other relevant organizations regarding organizations and individuals who may not yet have been invited into a school but who are qualified to provide the training. The commissioner shall compile the information and make it available to schools throughout the state either on the department's website or in another form in a format he or she determines to be most appropriate. The intent of this listing is to offer schools a broad set of programs for prevention training which will be periodically updated based on feedback from schools."

    Statement of policy. 1999, No. 120 (Adj. Sess.), § 1, provided: "The general assembly has been made increasingly aware that harassment and hazing have become a major and pervasive problem within our schools, and that students who are continually filled with apprehension and anxiety are unable to learn and unlikely to succeed. Therefore, it is the policy of the state of Vermont that all Vermont educational institutions provide safe, orderly, civil and positive learning environments. Harassment, hazing and bullying have no place and will not be tolerated in Vermont schools. No Vermont student should feel threatened or be discriminated against while enrolled in a Vermont school."

    §§ 140a Redesignated. 2013, No. 92 (Adj. Sess.), § 78, eff. Feb. 14, 2014.

    History

    Redesignation of § 140a. Former § 140a, relating to definitions of hazing, was derived from 1999, No. 120 (Adj. Sess.), § 9. For present provisions, see § 570i of this title.

    § 140b. Redesignated. 2013, No. 92 (Adj. Sess.), § 79, eff. Feb. 14, 2014.

    History

    Redesignation of § 140b. Former § 140b, relating to unlawful conduct, was derived from 1999, No. 120 (Adj. Sess.), § 9. For present provisions, see § 570j of this title.

    § 140c. Redesignated. 2013, No. 92 (Adj. Sess.), § 80, eff. Feb. 14, 2014.

    History

    Redesignation of § 140c. Former § 140c, relating to civil penalties and the Judicial Bureau, was derived from 1999, No. 120 (Adj. Sess.), § 9. For present provisions, see § 570k of this title.

    § 140d. Redesignated. 2013, No. 92 (Adj. Sess.), § 81, eff. Feb. 14, 2014.

    History

    Redesignation of § 140d. Former § 140d, relating to criminal prosecution and civil action, was derived from 1999, No. 120 (Adj. Sess.), § 9. For present provisions, see § 570 l of this title.

    CHAPTER 3. STATE BOARD OF EDUCATION

    Subchapter 1. General Provisions

    §§ 141-144. Repealed. 1969, No. 298 (Adj. Sess.), § 79.

    History

    Former §§ 141-144. Former § 141, relating to appointment and term of members and vacancies, was derived from V.S. 1947, § 4178; 1947, No. 54 , § 1; 1935, No. 86 , § 1; P.L. § 4127; 1933, No. 157 , § 3852; 1923, No. 32 , § 1; G.L. § 1169; 1915, No. 64 , § 1; 1912, No. 62 , §§ 1, 2; 1908, No. 34 , § 1. The subject matter is now covered by § 161 of this title.

    Former § 142, relating to office and meetings, was derived from V.S. 1947, § 4180; P.L. § 4129; G.L. § 1171; 1915, No. 64 , § 3; 1912, No. 62 , § 3; 1908, No. 34 , § 3. The subject matter is now covered by § 163 of this title.

    Former § 143, relating to general powers and duties, was derived from V.S. 1947, §§ 4181, 4182; P.L. §§ 4130, 4131; G.L. §§ 1172, 1173; 1917, No. 60 , § 1; 1917, No. 254 , §§ 1135, 1136; 1915, No. 64 , §§ 1, 5, 10, 94, 177; 1912, No. 62 , §§ 3, 6, 7; 1908, No. 34 , § 3; 1908, No. 37 , §§ 6, 7; 1908, No. 183 ; P.S. §§ 917-919, 921, 6147; R. 1906, § 835; 1906, No. 44 , § 1; 1902, No. 21 , § 1; 1902, No. 22 , § 1; 1902, No. 29 , §§ 1, 2; 1900, No. 16 , §§ 1, 2; V.S. §§ 596, 598, 602, 5320; 1894, No. 34 ; 1888, No. 9 , §§ 3, 9, and amended by 1961, No. 247 , § 4. The subject matter is now covered by § 164 of this title.

    Former § 144, relating to supervision of distribution of moneys, was derived from V.S. 1947, § 4183; P.L. § 4139; 1923, No. 32 , § 19.

    § 144a. Repealed. 2011, No. 58, § 31, eff. May 31, 2011.

    History

    Former § 144a. Former § 144a, relating to appropriation for visual educational films, was derived from 1961, No. 249 , § 1.

    § 144b. Redesignated. 2013, No. 92 (Adj. Sess.), § 19, eff. Feb. 14, 2014.

    History

    Redesignation of § 144b. Former § 144b, relating to federal education aid funds and administration, was derived from 1965, No. 190 , § 1. For present provisions, see § 43 of this title.

    § 145. Repealed. 1961, No. 247, § 4.

    History

    Former § 145. Former § 145, relating to employment of instructors for and management of teacher training classes, was derived from V.S. 1947, § 4148; 1935, No. 86 , § 9; P.L. § 4140; 1923, No. 32 , § 20, and amended by 1959, No. 262 , § 32.

    §§ 146-151. Repealed. 1969, No. 298 (Adj. Sess.), § 79.

    History

    Former §§ 146-151. Former § 146, relating to contract for sale and distribution of the textbook, "Vermont, a History of the Green Mountain State", was derived from 1953, No. 79 , §§ 1, 2. The subject matter is now covered by § 167a of this title.

    Former § 147, relating to high school equivalence certificates, was derived from 1951, No. 91 . The subject matter is now covered by § 167 of this title.

    Former § 148, relating to certificates approving corporations conferring degrees, was derived from V.S. 1947, §§ 4186, 4187; 1941, No. 139 , §§ 3, 4, and amended by 1967, No. 44 , § 1. The subject matter is now covered by § 176 of this title.

    Former § 149, relating to vocational and apprenticeship training, was derived from 1955, No. 170 ; 1951, No. 92 , §§ 1, 2. The subject matter is now covered by chapter 37 of this title.

    Former § 150, relating to report to the General Assembly, was derived from V.S. 1947, § 4185; P.L. § 4141; 1923, No. 32 , § 22. The subject matter is now covered by § 164 of this title.

    Former § 151, relating to removal of Board members, was derived from V.S. 1947, § 4179; P.L. § 4128; G.L. § 1170; 1915, No. 64 , § 2. The subject matter is now covered by § 162 of this title.

    § 161. State Board of Education; appointment of members; term; vacancy.

    The State Board shall consist of ten members. Two of the members shall be secondary students, one of whom shall be a full member and the other of whom shall be a junior member who may not vote. All members shall be appointed by the Governor with the advice and consent of the Senate. In the appointment of the nonstudent members, priority shall be given to the selection of persons with a demonstrated commitment to ensuring quality education for Vermont students. To the extent possible, the members shall represent geographically diverse areas of the State. The Secretary shall serve on the State Board as a nonvoting member.

    1. Upon the expiration of the respective terms of those members of the Board previously appointed, excluding the student members, the Governor shall, biennially in the month of February with the advice and consent of the Senate, appoint members for terms of six years. The terms shall begin March 1 of the year in which the appointments are made. A member serving a term of six years shall not be eligible for reappointment for successive terms.
    2. In the event of any vacancy occurring in the membership of the Board, the Governor shall fill the vacancy with a qualified person whose appointment shall be for the unexpired portion of the term.
    3. Biennially, the Board shall choose a member of the Board to be its chair.
    4. Annually, using an application process that is open and accessible to all eligible students, the Governor shall appoint a Vermont secondary school student who will continue to be a secondary student for at least two years following taking office, to serve on the State Board for two years, beginning on July 1 of the year of appointment. The student member shall not vote during the first year and shall be a full and voting member during the second year of his or her term.

      Added 1969, No. 298 (Adj. Sess.), § 12; amended 1975, No. 48 , § 2, eff. date, at end of chair's term; 1997, No. 34 , § 1; 1999, No. 74 (Adj. Sess.), § 1, eff. March 27, 2000; 2011, No. 98 (Adj. Sess.), § 2, eff. Jan. 1, 2013; 2019, No. 131 (Adj. Sess.), § 52.

    History

    Amendments--2019 (Adj. Sess.). Subdiv. (1): Deleted "thereto" following "appoint members" in the first sentence.

    Amendments--2011 (Adj. Sess.). Section heading: Inserted "State board of education;" preceding "appointment" in the section heading, rewrote the fourth sentence, and added the last two sentences in the introductory paragraph.

    Amendments--1999 (Adj. Sess.). Rewrote introductory paragraph, inserted "excluding the student members," preceding "the governor" in the first sentence of subdiv. (1), substituted "chair" for "chairman" in subdiv. (3) and added subdiv. (4).

    Amendments--1997. Subdiv. (2): Substituted "be for the unexpired portion of the term" for "terminate March 1 in the year of the next following biennial session" following "appointment shall".

    Amendments--1975 Deleted "at least two of whom shall be women" following "persons" in the first sentence of the introductory paragraph.

    Subdiv. (2): Deleted "between biennial sessions" preceding "the governor".

    Subdiv. (3): Substituted "board" for "governor" following "biennially, the" and "choose" for "designate" preceding "a member".

    § 162. Removal of Board members.

    After notice and hearing, the Governor may remove a member of the State Board for incompetency, failure to discharge his or her duties, malfeasance, illegal acts, or other cause inimical to the welfare of the public schools; and in case of such removal, he or she shall appoint a person to fill the unexpired term.

    Added 1969, No. 298 (Adj. Sess.), § 13.

    § 163. Staff; meetings.

    1. The Board shall be supported by adequate staff, who shall report to the Board.
    2. The Board shall meet monthly and shall hold special meetings as required for the performance of its duties. The times and places for regular and special meetings shall be designated by the Chair of the Board. The Chair shall call a special meeting upon the written request of any two members.

      Added 1969, No. 298 (Adj. Sess.), § 14; amended 2011, No. 98 (Adj. Sess.), § 3, eff. April 1, 2013.

    History

    Amendments--2011 (Adj. Sess.). Substituted "Staff" for "Office" in the section heading; added the subsec. (a) and subsec. (b) designations; and rewrote subsec. (a).

    § 164. State Board; general powers and duties.

    The State Board shall evaluate education policy proposals, including timely evaluation of policies presented by the Governor and Secretary; engage local school board members and the broader education community; and establish and advance education policy for the State of Vermont. In addition to other specified duties, the Board shall:

    1. Establish such advisory commissions as in the judgment of the Board will be of assistance to it in carrying out its duties. Advisory commission members shall serve with or without compensation at the discretion of the Board but shall receive actual expenses incurred in pursuance of their duties.
    2. Have the authority to enter into agreements with school districts, municipalities, states, the United States, foundations, agencies, or individuals for service, educational programs, or research projects.
    3. Examine and determine all appeals that by law are made to it and prescribe rules of practice governing the appeals process, not inconsistent with law.
    4. Review and comment on an Agency budget prepared by the Secretary for the Governor.
    5. [Repealed.]
    6. Adopt rules governing the attendance and records of attendance of all students and the deportment of students attending public schools.
    7. Adopt rules pursuant to 3 V.S.A. chapter 25 as necessary or appropriate for the execution of its powers and duties and of the powers and duties of all persons under its supervision and control.
    8. [Repealed.]
    9. Implement and continually update standards for student performance in appropriate content areas and at appropriate intervals in the continuum from kindergarten to grade 12 and methods of assessment to determine attainment of the standards for student performance. The standards shall be rigorous, challenging, and designed to prepare students to participate in and contribute to the democratic process and to compete in the global marketplace. The standards shall include a standard for reading level proficiency for students completing grade three.
    10. [Repealed.]
    11. If deemed advisable, determine educational standards for admission to and graduation from the public schools.
    12. [Repealed.]
    13. Be the State Board for the program of adult education and literacy and perform all the duties and powers prescribed by law pertaining to adult education and literacy and to act as the State approval agency for educational institutions conducting programs of adult education and literacy.
    14. Adopt rules for approval of independent schools.
    15. Establish criteria governing the establishment of a system for the receipt, deposit, accounting, and disbursement of all funds by supervisory unions and school districts.
    16. In cooperation with the Secretary, ensure that the Agency develops information, plans, and assistance to aid in making technology and telecommunications available and coordinated in all school districts. The State Board shall develop guidelines for distribution of federal, State, or private funds designated for the development or expansion of distance learning technologies. The guidelines shall encourage, consistent with any terms or conditions established by the funding source, collaboration between schools and school districts to realize economic and educational efficiencies.
    17. Report annually on the condition of education statewide and on a supervisory union and school district basis. The report shall include information on attainment of standards for student performance adopted under subdivision (9) of this section, number and types of complaints of hazing, harassment, or bullying made pursuant to chapter 9, subchapter 5 of this title and responses to the complaints, financial resources and expenditures, and community social indicators. The report shall be organized and presented in a way that is easily understandable by the general public and that enables each school, school district, and supervisory union to determine its strengths and weaknesses. To the extent consistent with State and federal privacy laws and regulations, data on hazing, harassment, or bullying incidents shall be disaggregated by incident type, including disaggregation by ethnic groups, racial groups, religious groups, gender, sexual orientation, gender identity, disability status, and English language learner status. The Secretary shall use the information in the report to determine whether students in each school, school district, and supervisory union are provided educational opportunities substantially equal to those provided in other schools, school districts, and supervisory unions pursuant to subsection 165(b) of this title.
    18. Ensure that Vermont's students, including students enrolled in secondary career technical education, have access to a substantially equal educational opportunity by developing a system to evaluate the equalizing effects of Vermont's education finance system and education quality standards under section 165 of this title.
    19. [Repealed.]
    20. Pursuant to section 806g of this title, constitute the State Council for the Interstate Compact on Educational Opportunity for Military Children and appoint to the Council a Compact Commissioner and Military Family Education Liaison, who may be the same person. The Board may appoint additional members.
    21. Report annually to the Governor and the General Assembly on the progress the Board has made on the development of education policy for the State.

      Added 1969, No. 298 (Adj. Sess.), § 15; amended 1971, No. 14 , § 5, eff. March 11, 1971; 1975, No. 48 , §§ 3, 14, eff. April 15, 1975; 1975, No. 147 (Adj. Sess.), § 3; 1981, No. 151 (Adj. Sess.), § 5; 1983, No. 247 (Adj. Sess.), § 4(1); 1983, No. 248 (Adj. Sess.), § 4; 1987, No. 97 , § 4, eff. June 23, 1987; 1987, No. 228 (Adj. Sess.), § 6; 1989, No. 118 , § 3; 1991, No. 24 , § 11; 1991, No. 204 (Adj. Sess.), § 7; 1997, No. 60 , § 3, eff. June 26, 1997; 1997, No. 138 (Adj. Sess.), § 3, eff. April 27, 1998; 1999, No. 113 (Adj. Sess.), § 1a; 1999, No. 120 (Adj. Sess.), § 3; 2001, No. 151 (Adj. Sess.), § 50, eff. July 1, 2003; 2005, No. 214 (Adj. Sess.), § 12; 2007, No. 154 (Adj. Sess.), § 6; 2011, No. 43 , § 2, eff. July 1, 2011; 2011, No. 45 , § 7a, eff. May 24, 2011; 2011, No. 98 (Adj. Sess.), § 4, eff. April 1, 2013; 2013, No. 56 , § 22, eff. May 30, 2013; 2013, No. 92 (Adj. Sess.), §§ 8, 9, 302, eff. Feb. 14, 2014; 2013, No. 142 (Adj. Sess.), § 26; 2015, No. 23 , § 18; 2015, No. 131 (Adj. Sess.), § 23; 2019, No. 1 , § 2, eff. Mar. 29, 2019; 2019, No. 1 31 (Adj. Sess.), § 53.

    History

    2013 (Adj. Sess.) Inserted "career" preceding "technical education" in subdiv. (18) in accordance with 2013, No. 92 (Adj. Sess.), § 302.

    - 2009. In subdiv. (13), substituted "adult education and literacy" for "adult basic education" in three places in accordance with 2009, No. 44 , § 29

    2013 (Adj. Sess.). The text of this section is based on the harmonization of two amendments. During the 2013 (Adj. Sess.), this section was amended twice, by Act Nos. 92 and 142, resulting in two versions of this section. In order to reflect all of the changes enacted by the Legislature during the 2013 (Adj. Sess.), the text of Act Nos. 92 and 142 was merged to arrive at a single version of this section. The changes that each of the amendments made are described in the amendment notes set out below.

    Amendments--2019 (Adj. Sess.). Substituted "governing the appeals process" for "in respect thereto" in subdiv. (3) and substituted "Adopt rules" for "Make regulations" in subdiv. (6).

    Amendments--2019 Subdiv. (17): In the first sentence, substituted "supervisory union and school district" for "school by school" preceding "basis"; in the third and fifth sentences, inserted ", school district, and supervisory union" following "each school"; added the fourth sentence; and in the fifth sentence, inserted ", school districts, and supervisory unions" following "other schools".

    Amendments--2015 (Adj. Sess.). Subdiv. (17): Deleted the final sentence.

    Amendments--2015. Subdiv. (18): Substituted "education quality standards" for "school quality standards".

    Amendments--2013 (Adj. Sess.). Subdivs. (7), (16), and (17): Act No. 92 amended generally.

    Subdiv. (17): Act No. 142 added the last sentence.

    Amendments--2013 Subdiv. (13): Substituted "Be" for "Constitute" preceding "the".

    Amendments--2011 (Adj. Sess.). Rewrote the introductory paragraph and subdiv. (4), repealed subdivs. (10) and (19), and added subdiv. (21).

    Amendments--2011. Subdiv. (18): Act No. 45 deleted the former last sentence.

    Subdiv. (20): Added by Act No. 43.

    Amendments--2007 (Adj. Sess.). Subdiv. (8): Repealed.

    Amendments--2001 (Adj. Sess.) Subdiv. (5): Inserted "speech-language pathologists and audiologists as provided in chapter 87 of Title 26" following "administrators".

    Amendments--1999 (Adj. Sess.). Subdiv. (10): Act No. 113 added the second sentence.

    Subdiv. (17): Act No. 120 inserted "number and types of complaints of harassment or hazing made pursuant to section 565 of this title and responses to the complaints" preceding "financial resources and" in the second sentence.

    Amendments--1997 (Adj. Sess.). Subdiv. (18): Substituted "students, including students enrolled in secondary technical education" for "children" preceding "have access" in the first sentence.

    Amendments--1997 Added subdivs. (9) and (10), repealed subdiv. (12), rewrote subdiv. (14), added the second and third sentences of subdiv. (16), and added subdivs. (17) through (19).

    Amendments--1991 (Adj. Sess.) Subdiv. (12): Substituted "technical" for "vocational" wherever it appeared.

    Amendments--1991 Subdiv. (14): Substituted "independent" for "private" following "approved" in two places.

    Amendments--1989 Subdiv. (5): Substituted "licensing" for "certification" following "governing the" and preceding "as determined" and "license" for "certificates" preceding "issued by" in two places in the first sentence and "license" for "certificate" preceding "may be revoked" in the second sentence.

    Amendments--1987 (Adj. Sess.) Added subdivs. (15) and (16).

    Amendments--1987 Subdiv. (14): Deleted "rules for home study programs, separate" following "adopt" at the beginning of the subdivision.

    Amendments--1983 (Adj. Sess.) Subdiv. (10): Repealed by Act No. 247.

    Subdiv. (14): Act No. 248 inserted "which offer education other than or in addition to kindergarten, separate rules for approved private schools which offer only kindergarten education" preceding "and separate rules for public".

    Amendments--1981 (Adj. Sess.) Subdiv. (14): Added.

    Amendments--1975 (Adj. Sess.) Subdiv. (13): Added.

    Amendments--1975 Subdiv. (5): Inserted "administrators, and other school personnel who are subject to certification as determined by the state board" following "school teachers", "or administrator" preceding "certificates", and "or administer" following "to teach" in the first sentence and added the second sentence.

    Subdiv. (9): Repealed.

    Amendments--1971 Subdiv. (7): Deleted "Public Law 89-10" following "Title 3".

    Prospective repeal of subdiv. (5). 2005, No. 214 (Adj. Sess.), § 12, provided for the repeal of subdiv. (5) effective on July 1, 2007.

    ANNOTATIONS

    1. Tuition reimbursement.

    No procedures are set forth in statutes suggesting that Legislature intended State Board to base approval for independent school tuition reimbursement on whether school is sectarian. Campbell v. Manchester Bd. of Sch. Dirs., 161 Vt. 441, 641 A.2d 352 (1994).

    Law review commentaries

    Law review. State regulation of private church-related schools, see 8 Vt. L. Rev. 75 (1983).

    § 164a. Statewide Strategic Education Plan.

    Beginning on July 1, 1998, the State Board shall adopt through a public process a statewide strategic education plan to describe how the Agency will help school boards to improve student performance. The State Board shall update and readopt the plan at least every five years. The goals of the plan shall be to strengthen coherence and consistency among State and local education goals, standards for student performance, assessments, professional development opportunities, and action plans and to provide support for local curriculum development. The plan shall include information as to the economic costs of implementation and the education benefits to be derived.

    Added 1997, No. 60 , § 6, eff. June 26, 1997; 2013, No. 92 (Adj. Sess.), §§ 10, 11, eff. Feb. 14, 2014.

    History

    Amendments--2013 (Adj. Sess.). Section amended generally.

    Redesignation of section - 2013 (Adj. Sess.). This section, which was originally enacted as § 180 of this title, was redesignated as § 164a pursuant to 2013, No. 92 (Adj. Sess.), § 10, eff. Feb. 14, 2014.

    § 165. Education quality standards; equal educational opportunities; independent school meeting education quality standards.

    1. In order to carry out Vermont's policy that all Vermont children will be afforded educational opportunities that are substantially equal in quality, each Vermont public school, including each career technical center, shall meet the following education quality standards:
      1. The school, through a process including parents, teachers, students, and community members, develops, implements, and annually updates a continuous improvement plan to improve student performance within the school. The plan shall include goals and objectives for improved student learning and educational strategies and activities to achieve its goals. The plan shall also address the effectiveness of efforts made since the previous continuous improvement plan to ensure the school maintains a safe, orderly, civil, and positive learning environment that is free from harassment, hazing, and bullying. The school shall assess student performance under the plan using a method or methods of assessment developed under subdivision 164(9) of this title.
      2. The school, at least annually, reports student performance results to community members in a format selected by the school board. In the case of a regional career technical center, the community means the school districts in the service region. The school report shall include:
        1. Information indicating progress toward meeting standards from the most recent measure taken.
        2. [Repealed.]
        3. Information indicating progress toward meeting the goals of an annual continuous improvement plan.
        4. Any other statistical information about the school or community that the school board deems necessary to place student performance results in context.
        5. -(G) [Repealed.]

          (H) A description of how the school ensures that each student receives appropriate career counseling and program information regarding availability of education and apprenticeship program offerings at career technical centers.

      3. The school substantially meets standards adopted by rule of the State Board regarding conditions, practices and resources of schools. The standards shall address those aspects of the following that are most closely associated with improving student performance:
        1. school leadership, staffing, and support services;
        2. instructional practices and curriculum leadership, content, and coordination;
        3. educational materials and school facilities;
        4. access to current technology.
      4. The school shall provide for and the staff shall use needs-based professional development designed to improve the quality of education provided to the students and directly connected to standards for student performance established by the State Board and any other educational performance goals established by the school board.
      5. The school uses staff evaluation to advance educational performance objectives.
      6. The school ensures that students receive appropriate career counseling and program information regarding the availability of education and apprenticeship program offerings at career technical centers. In addition, the school, if it is a secondary school, offers a genuine opportunity to access career technical education programs.
      7. The school ensures that students are furnished educational services in accordance with any State or federal entitlements and in a nondiscriminatory manner.
      8. The school maintains a safe, orderly, civil, and positive learning environment that is free from hazing, harassment, and bullying, and is based on sound instructional and classroom management practices and clear discipline policies that are consistently and effectively enforced.
    2. Annually, the Secretary shall determine whether students in each Vermont public school are provided educational opportunities substantially equal to those provided in other public schools. If the Secretary determines that a school is not meeting the education quality standards listed in subsection (a) of this section or that the school is making insufficient progress in improving student performance in relation to the standards for student performance set forth in subdivision 164(9) of this title, he or she shall describe in writing actions that a district must take in order to meet either or both sets of standards and shall provide technical assistance to the school. If the school fails to meet the standards or make sufficient progress within two years of the determination, the Secretary shall recommend to the State Board one or more of the following actions:
      1. the Agency continue to provide technical assistance for one more cycle of review;
      2. the State Board adjust supervisory union boundaries or responsibilities of the superintendency pursuant to section 261 of this title;
      3. the Secretary assume administrative control of an individual school, school district, or supervisory union, including budgetary control to ensure sound financial practices, only to the extent necessary to correct deficiencies;
      4. the State Board close an individual school or schools and require that the school district pay tuition to another public school or an approved independent school pursuant to chapter 21 of this title; or
      5. the State Board require two or more school districts to consolidate their governance structures.
    3. The State Board, after offering the school board an opportunity for a hearing, shall either dismiss the Secretary's recommendation or order that one or more of the actions listed in subsection (b) of this section be taken. The action ordered by the State Board shall be the least intrusive consistent with the need to provide students attending the school substantially equal educational opportunities. A school board aggrieved by an order of the State Board may appeal the order in accordance with the Rules of Civil Procedure.
    4. Nothing in this section shall be construed to entitle any student to educational programs or services identical to those received by students in the same or any other school district. Further, nothing in this section shall create a private right of action.
    5. If the Secretary determines at any time that the failure of a school to meet the education quality standards listed in subsection (a) of this section is severe or pervasive, potentially results in physical or emotional harm to students, or significant deprivation of equal education opportunities, and the school has either unreasonably refused to remedy the problem or its efforts have proved ineffective, he or she may recommend to the State Board one or more of the actions listed in subsection (b) of this section. The State Board shall then follow the procedure of subsection (c) of this section.
    6. In order to be designated an independent school meeting education quality standards, an independent school shall participate in the education quality standards process of subsection (b) of this section. An independent school shall receive technical assistance in accordance with the provisions of subsection (b), but shall not be subject to subdivisions (b)(2)-(4) of this section. The school shall be an independent school meeting education quality standards unless the State Board, after opportunity for hearing, finds that:
      1. the school has discontinued its participation in the education quality standards process; or
      2. two or more years following a determination that the school is not meeting the education quality standards or that the school is making insufficient progress in improving student performance, the school fails to meet the standards or make sufficient progress toward meeting the standards.

        Added 1969, No. 298 (Adj. Sess.), § 16; amended 1981, No. 151 (Adj. Sess.), § 6; 1987, No. 97 , § 5, eff. June 23, 1987; 1989, No. 44 , § 3, eff. June 1, 1990; 1997, No. 60 , § 4, eff. July 1, 1998; 1997, No. 71 (Adj. Sess.), § 82, eff. March 11, 1998; 1997, No. 138 (Adj. Sess.), § 4, eff. April 27, 1998; 1999, No. 113 (Adj. Sess.), § 1b; 1999, No. 120 (Adj. Sess.), § 4; 2001, No. 8 , § 2; 2003, No. 68 , § 46, eff. June 18, 2003; 2005, No. 54 , § 1; 2007, No. 154 (Adj. Sess.), § 7; 2013, No. 92 (Adj. Sess.), § 12, eff. Feb. 14, 2014; 2013, No. 142 (Adj. Sess.), § 27; 2015, No. 23 , § 19; 2015, No. 46 , § 40, eff. July 1, 2020; 2015, No. 131 (Adj. Sess.), § 24; 2017, No. 49 , § 26, eff. May 23, 2017.

    History

    2013 (Adj. Sess.) Inserted "career" preceding "technical centers" in subsec. (a) in accordance with 2013, No. 92 (Adj. Sess.), § 302.

    Amendments--2017. Subsec. (b): Substituted "Annually" for "Every two years" in the first sentence and "within two years of the determination" for "by the end of the next two year period" in the third sentence.

    Amendments--2015 (Adj. Sess.). Subdiv. (a)(2): Deleted the former third sentence.

    Amendments--2015. Act No. 23 substituted "education quality standards" for "standards of quality for public schools" and "education" for "school" following "meeting" in the section heading, rewrote subsec. (a), inserted "education" preceding "quality" in the second sentence of subsec. (b), and substituted "education quality standards" for "school quality standards" wherever it appeared in subsecs. (e) and (f).

    Act No. 46, effective July 1, 2020, rewrote subdivs. (b)(1)-(4) and added subdiv. (b)(5).

    Amendments--2013 (Adj. Sess.). Section amended generally.

    Amendments--2007 (Adj. Sess.). Subdiv. (a)(2): Repealed subdivs. (B), (E)-(G), and (I), and rewrote subdiv. (J).

    Amendments--2005 Subdiv. (a)(2)(K): Inserted "or school districts if school level data are not available" in the first sentence, and "and" preceding "cost per pupil" and deleted "cost per square foot of building, class sizes, course offerings, and other performance data" thereafter in the fourth sentence.

    Amendments--2003. Subdiv. (a)(2): Substituted "postsecondary" for "post-secondary" in (I), and added (K).

    Amendments--2001. Subsec. (f): Added.

    Amendments--1999 (Adj. Sess.). Subsec. (a): Act No. 113 added subdiv. (2)(J).

    Act No. 120 inserted "students" preceding "and community", deleted "and" preceding "implement" and inserted "and annually update" thereafter in the first sentence and added the third sentence in subdiv. (1) and added subdiv. (8).

    Subsec. (e): Added by Act No. 120.

    Amendments--1997 (Adj. Sess.). Act No. 71 substituted "methods of assessment" for "methods or assessment" in the third sentence of subdiv. (a)(1).

    Act No. 138 inserted "including each technical center" in the introductory paragraph of subsec. (a); added the second sentence in the introductory paragraph of subdiv. (a)(2); added subdivs. (a)(2)(H) and (I); and rewrote subdiv. (a)(6).

    Amendments--1997 Section amended generally.

    Amendments--1989 Subsec. (c): Inserted "absent with legal excuse or" preceding "they enroll" and substituted "recognized independent" for "reporting private" preceding "school or home study" in the second sentence.

    Amendments--1987 Subsec. (c): Substituted "home study program" for "approved home instruction program" following "private school or" in the second sentence.

    Amendments--1981 (Adj. Sess.) Section amended generally.

    Compliance with federal requirements; measuring adequate yearly progress toward achieving state standards; consequences. 2003, No. 64 , § 2, as amended by 2003, No. 114 (Adj. Sess.), § 4, 2005, No. 182 (Adj. Sess.), § 13, 2007, No. 154 (Adj. Sess.), § 35, and 2009, No. 44 , § 24, provides: "16 V.S.A. § 165 authorizes the commissioner of education to determine how well schools and students are meeting state standards every two years and to impose certain consequences if schools are failing to meet standards after specific time periods. Notwithstanding the provisions of that section, in order to comply with the provisions of Public Law 107-110, known as the No Child Left Behind Act of 2001, as amended from time to time (the 'Act'), while it is in effect, the commissioner is authorized to determine whether schools and school districts are meeting state standards annually and the state board of education is authorized to impose on schools and school districts consequences allowed in state law and required by the Act within the time frame required in the Act. However, consistent with Title IX, Part E, Subpart 2, Sec. 9527 of the No Child Left Behind Act, neither the state nor any subdivision thereof shall be required to spend any funds or incur any costs not paid for under the Act in order to comply with the provisions of the Act. The state or any subdivision thereof may expend other funds for activities they were already conducting consistent with the Act, or for activities authorized in a state or local fiscal year 2004 budget. It is the intent of the general assembly to continue to study the provisions of the federal law and to seek guidance from the federal government in order to determine permanent changes to Title 16 that will be necessary to comply with federal law and to avoid having federal law cause state and local governments to absorb the cost of unfunded mandates."

    § 165a. Repealed. 1989, No. 44, § 7, eff. July 1, 1990.

    History

    Former § 165a. Former § 165a, relating to reporting on private schools, was derived from 1981, No. 151 (Adj. Sess.), § 7.

    § 166. Approved and recognized independent schools.

    1. Authority.  An independent school may operate and provide elementary education or secondary education if it is either approved or recognized as set forth in this section.
    2. Approved independent schools.  Subsection (b) effective until July 1, 2023; see also subsection (b) effective July 1, 2023 set out below.  On application, the State Board shall approve an independent school that offers elementary or secondary education if it finds, after opportunity for hearing, that the school provides a minimum course of study pursuant to section 906 of this title and that it substantially complies with the Board's rules for approved independent schools. Except as provided in subdivision (6) of this subsection, the Board's rules must at minimum require that the school have the resources required to meet its stated objectives, including financial capacity, faculty who are qualified by training and experience in the areas in which they are assigned, and physical facilities and special services that are in accordance with any State or federal law or regulation. Approval may be granted without State Board evaluation in the case of any school accredited by a private, State, or regional agency recognized by the State Board for accrediting purposes.
      1. On application, the State Board shall approve an independent school that offers kindergarten but no other graded education if it finds, after opportunity for hearing, that the school substantially complies with the Board's rules for approved independent kindergartens. The State Board may delegate to another State agency the authority to evaluate the safety and adequacy of the buildings in which kindergartens are conducted, but shall consider all findings and recommendations of any such agency in making its approval decision.
      2. Approvals under this subsection (b) shall be for a term established by rule of the Board but not greater than five years.
      3. An approved independent school shall provide to the parent or guardian responsible for each of its students, prior to accepting any money for a student, an accurate statement in writing of its status under this section, and a copy of this section. Failure to comply with this provision may create a permissible inference of false advertising in violation of 13 V.S.A. § 2005 .
      4. Each approved independent school shall provide to the Secretary on October 1 of each year the names, genders, dates of birth, and addresses of its enrolled students. Within seven days of the termination of a student's enrollment, the approved independent school shall notify the Secretary of the name and address of the student. The Secretary shall notify the appropriate school officials as provided in section 1126 of this title.
      5. The State Board may revoke, suspend, or impose conditions upon the approval of an approved independent school, after having provided an opportunity for a hearing, for substantial failure to comply with the minimum course of study, for failure to demonstrate that the school has the resources required to meet its stated objectives, for failure to comply with statutory requirements or the Board's rules for approved independent schools, or for failure to report under subdivision (4) of this subsection (b). Upon that revocation or suspension, students required to attend school who are enrolled in that school shall become truant unless they enroll in a public school, an approved or recognized independent school, or a home study program.
      6. This subdivision (6) applies to an independent school located in Vermont that offers a distance learning program and that, because of its structure, does not meet some or all the rules of the State Board for approved independent schools. In order to be approved under this subdivision, a school shall meet the standards adopted by rule of the State Board for approved independent schools that can be applied to the applicant school and any other standards or rules adopted by the State Board regarding these types of schools. A school approved under this subdivision shall not be eligible to receive tuition payments from public school districts under chapter 21 of this title.
      7. Approval for independent residential schools under this subsection is also contingent upon proof of the school's satisfactory completion of an annual fire safety inspection by the Department of Public Safety or its designee pursuant to 20 V.S.A. chapter 173, subchapter 2. A certificate executed by the inspecting entity, declaring satisfactory completion of the inspection and identifying the date by which a new inspection must occur, shall be posted at the school in a public location. The school shall provide a copy of the certificate to the Secretary of Education after each annual inspection. The school shall pay the actual cost of the inspection unless waived or reduced by the inspecting entity.
        1. If an approved independent school experiences any of the following financial reporting events during the period of its approved status, the school shall notify the Secretary of Education within five days after its knowledge of the event unless the failure is de minimis: (8) (A) If an approved independent school experiences any of the following financial reporting events during the period of its approved status, the school shall notify the Secretary of Education within five days after its knowledge of the event unless the failure is de minimis:
          1. the school's failure to file its federal or State tax returns when due, after permissible extension periods have been taken into account;
          2. the school's failure to meet its payroll obligations as they are due or to pay federal or State payroll tax obligations as they are due;
          3. the school's failure to maintain required retirement contributions;
          4. the school's use of designated funds for nondesignated purposes;
          5. the school's inability to fully comply with the financial terms of its secured installment debt obligations over a period of two consecutive months, including the school's failure to make interest or principal payments as they are due or to maintain any required financial ratios;
          6. the withdrawal or conditioning of the school's accreditation on financial grounds by a private, State, or regional agency recognized by the State Board for accrediting purposes; or
          7. the school's insolvency, as defined in 9 V.S.A. § 2286(a) .
          1. If the State Board reasonably believes that an approved independent school lacks financial capacity to meet its stated objectives during the period of its approved status, then the State Board shall notify the school in writing of the reasons for this belief and permit the school a reasonable opportunity to respond. (B) (i) If the State Board reasonably believes that an approved independent school lacks financial capacity to meet its stated objectives during the period of its approved status, then the State Board shall notify the school in writing of the reasons for this belief and permit the school a reasonable opportunity to respond.
          2. If the State Board, after having provided the school a reasonable opportunity to respond, does not find that the school has satisfactorily responded or demonstrated its financial capacity, the State Board may establish a review team, that, with the consent of the school, includes a member of the Council of Independent Schools, to:
            1. conduct a school visit to assess the school's financial capacity;
            2. obtain from the school such financial documentation as the review team requires to perform its assessment; and
            3. submit a report of its findings and recommendations to the State Board.
          3. If the State Board concludes that an approved independent school lacks financial capacity to meet its stated objectives during the period of its approved status, the State Board may take any action that is authorized by this section.
          4. In considering whether an independent school lacks financial capacity to meet its stated objectives during the period of its approved status and what actions the State Board should take if it makes this finding, the State Board may consult with, and draw on the analytical resources of, the Vermont Department of Financial Regulation.
        2. Information provided by an independent school under this subsection that is not already in the public domain is exempt from public inspection and copying under the Public Records Act and shall be kept confidential.

          (b) Approved independent schools. Subsection (b ) effective July 1, 2023; see also subsection (b) effective until July 1, 2023 set out above. On application, the State Board shall approve an independent school that offers elementary or secondary education if it finds, after opportunity for hearing, that the school provides a minimum course of study pursuant to section 906 of this title and that it substantially complies with all statutory requirements for approved independent schools and the Board's rules for approved independent schools. An independent school that intends to accept public tuition shall be approved by the State Board only on the condition that the school agrees, notwithstanding any provision of law to the contrary, to enroll any student who requires special education services and who is placed in or referred to the approved independent school as an appropriate placement and least restrictive environment for the student by the student's individualized education program team or by the local education agency; provided, however, that this requirement shall not apply to an independent school that limits enrollment to students who are on an individualized education program or a plan under Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794, and who are enrolled pursuant to a written agreement between the local education agency and the school. Except as provided in subdivision (6) of this subsection, the Board's rules must at minimum require that the school have the resources required to meet its stated objectives, including financial capacity, faculty who are qualified by training and experience in the areas in which they are assigned, and physical facilities and special services that are in accordance with any State or federal law or regulation. Approval may be granted without State Board evaluation in the case of any school accredited by a private, State, or regional agency recognized by the State Board for accrediting purposes, provided that the State Board shall determine that the school complies with all student enrollment provisions required by law.

          (1) On application, the State Board shall approve an independent school that offers kindergarten but no other graded education if it finds, after opportunity for hearing, that the school substantially complies with the Board's rules for approved independent kindergartens. The State Board may delegate to another State agency the authority to evaluate the safety and adequacy of the buildings in which kindergartens are conducted, but shall consider all findings and recommendations of any such agency in making its approval decision.

          (2) Approvals under this subsection (b) shall be for a term established by rule of the Board but not greater than five years.

          (3) An approved independent school shall provide to the parent or guardian responsible for each of its students, prior to accepting any money for a student, an accurate statement in writing of its status under this section, and a copy of this section. Failure to comply with this provision may create a permissible inference of false advertising in violation of 13 V.S.A. § 2005 .

          (4) Each approved independent school shall provide to the Secretary on October 1 of each year the names, genders, dates of birth, and addresses of its enrolled students. Within seven days of the termination of a student's enrollment, the approved independent school shall notify the Secretary of the name and address of the student. The Secretary shall notify the appropriate school officials as provided in section 1126 of this title.

          (5) The State Board may revoke, suspend, or impose conditions upon the approval of an approved independent school, after having provided an opportunity for a hearing, for substantial failure to comply with the minimum course of study, for failure to demonstrate that the school has the resources required to meet its stated objectives, for failure to comply with statutory requirements or the Board's rules for approved independent schools, or for failure to report under subdivision (4) of this subsection (b). Upon that revocation or suspension, students required to attend school who are enrolled in that school shall become truant unless they enroll in a public school, an approved or recognized independent school, or a home study program.

          (6) This subdivision (6) applies to an independent school located in Vermont that offers a distance learning program and that, because of its structure, does not meet some or all the rules of the State Board for approved independent schools. In order to be approved under this subdivision, a school shall meet the standards adopted by rule of the State Board for approved independent schools that can be applied to the applicant school and any other standards or rules adopted by the State Board regarding these types of schools. A school approved under this subdivision shall not be eligible to receive tuition payments from public school districts under chapter 21 of this title.

          (7) Approval for independent residential schools under this subsection is also contingent upon proof of the school's satisfactory completion of an annual fire safety inspection by the Department of Public Safety or its designee pursuant to 20 V.S.A. chapter 173, subchapter 2. A certificate executed by the inspecting entity, declaring satisfactory completion of the inspection and identifying the date by which a new inspection must occur, shall be posted at the school in a public location. The school shall provide a copy of the certificate to the Secretary of Education after each annual inspection. The school shall pay the actual cost of the inspection unless waived or reduced by the inspecting entity.

          (8) (A) If an approved independent school experiences any of the following financial reporting events during the period of its approved status, the school shall notify the Secretary of Education within five days after its knowledge of the event unless the failure is de minimis:

          1. the school's failure to file its federal or State tax returns when due, after permissible extension periods have been taken into account;
          2. the school's failure to meet its payroll obligations as they are due or to pay federal or State payroll tax obligations as they are due;
          3. the school's failure to maintain required retirement contributions;
          4. the school's use of designated funds for nondesignated purposes;
          5. the school's inability to fully comply with the financial terms of its secured installment debt obligations over a period of two consecutive months, including the school's failure to make interest or principal payments as they are due or to maintain any required financial ratios;
          6. the withdrawal or conditioning of the school's accreditation on financial grounds by a private, State, or regional agency recognized by the State Board for accrediting purposes; or
          7. the school's insolvency, as defined in 9 V.S.A. § 2286(a) .

            (B) (i) If the State Board reasonably believes that an approved independent school lacks financial capacity to meet its stated objectives during the period of its approved status, then the State Board shall notify the school in writing of the reasons for this belief and permit the school a reasonable opportunity to respond.

            1. conduct a school visit to assess the school's financial capacity;
            2. obtain from the school such financial documentation as the review team requires to perform its assessment; and
            3. submit a report of its findings and recommendations to the State Board.

              (iii) If the State Board concludes that an approved independent school lacks financial capacity to meet its stated objectives during the period of its approved status, the State Board may take any action that is authorized by this section.

    3. Recognized independent schools.  Upon filing an enrollment notice, a recognized independent school may provide elementary or secondary education in Vermont. The enrollment notice shall be on a form provided by the Secretary and shall be filed with the Secretary no earlier than three months before the beginning of the school year for the public schools in the town in which the applicant proposes to locate.
      1. The enrollment notice shall contain the following information and assurances:
        1. a statement that the school will be in session an amount of time substantially equivalent to that required for public schools;
        2. a detailed description or outline of the minimum course of study for each grade level the school offers, and how the annual assessment of each student will be performed; and
        3. assurances that:
      2. If the Secretary has information that creates significant doubt about whether the school would be able to meet the requirements set forth in this subsection (c), the Secretary may call a hearing. At the hearing, the school shall establish that it can meet the requirements for recognized independent schools. Failure to do so shall result in a finding by the Secretary that the school must take specified action to come into compliance within a specified time frame or the children enrolled must attend another recognized independent school, a public school, an approved independent school, or a home study program, or be declared truant unless absent with legal excuse.
      3. A recognized independent school shall provide to each student's parent or guardian a copy of its currently filed statement of objectives and a copy of this section. The copy shall be provided when the student enrolls or before September 1, whichever comes later. Failure to comply with this subsection may create a permissible inference of false advertising in violation of 13 V.S.A. § 2005 .
      4. A recognized independent school shall renew its enrollment notice annually. An independent school shall be recognized for a period not to exceed five years by the Secretary without need for filing an annual enrollment notice if:
        1. it is recognized by an organization approved by the State Board for the purpose of recognizing such school; or
        2. it is accredited by a private, state, or regional agency approved by the State Board for accrediting purposes; provided, however, nothing in this subdivision (4) shall be construed to prohibit the Secretary from initiating a hearing under this subsection (c).
      5. If the Secretary has information that creates significant doubt about whether the school, once in operation, is meeting the requirements for recognized independent schools, the Secretary may call a hearing. At the hearing, the school shall establish that it has met the requirements for recognized independent schools. Failure to do so shall result in a finding by the Secretary that:
        1. the school may not be in operation for the remainder of the school year and that the children are truant unless absent with legal excuse or enrolled in a public school, an independent school, another recognized independent school, or a home study program; or
        2. the school must take specified action to come into compliance within a specified time frame or the school will not be permitted to operate for the remainder of the school year.
      6. Each recognized independent school shall provide to the Secretary on October 1 of each year the names, genders, dates of birth, and addresses of its enrolled students. Within seven days of the termination of a student's enrollment, the recognized independent school shall notify the Secretary of the name and address of the student. The Secretary shall notify the appropriate school officials as provided in section 1126 of this title.
      7. After the filing of the enrollment notice or at a hearing, if the school is unable to comply with any specific requirements due to deep religious conviction shared by an organized group, the Secretary may waive such requirements if he or she determines that the educational purposes of this subsection are being or will be substantially met.
    4. Council of Independent Schools.  A Council of Independent Schools is created consisting of 11 members, no fewer than three of whom shall be representatives of recognized independent schools. The Secretary shall appoint nine members from within the independent schools' community. The Secretary shall appoint two members from the public-at-large. Each member shall serve for two years and may be reappointed for up to an additional two terms. The Council shall adopt rules for its own operation. A chair shall be elected by and from among the members. The duties of the Council shall include advising the Secretary on policies and procedures with respect to independent schools. No hearing shall be initiated under this section before the State Board or by the Secretary until the recommendations of the Council have been sought and received. The recommendations of the Council, including any minority reports, shall be admissible at the hearing.
    5. Harassment, hazing, and bullying policies.  The board of trustees of an approved or recognized independent school operating in Vermont shall adopt harassment, hazing, and bullying prevention policies, establish procedures for dealing with harassment, hazing, and bullying of students, and provide notice of these. The provisions of chapter 9, subchapter 5 of this title for public schools shall apply to this subsection, except that the board shall follow its own procedures for adopting policy.
    6. An approved independent school that accepts students for whom the district of residence pays tuition under chapter 21 of this title shall bill the sending district monthly for a State-placed student and shall not bill the sending district for any month in which the State-placed student was not enrolled.
    7. An approved independent school that accepts students for whom the district of residence pays tuition under chapter 21 of this title shall use the assessment or assessments required under subdivision 164(9) of this title to measure attainment of standards for student performance of those students. In addition the school shall provide data related to the assessment or assessments as required by the Secretary.

      Amended 1981, No. 151 (Adj. Sess.), § 8; 1983, No. 248 (Adj. Sess.), § 3; 1989, No. 44 , § 1; 1993, No. 162 (Adj. Sess.), § 3; 1995, No. 157 (Adj. Sess.), § 2; 1997, No. 60 , § 5, eff. June 26, 1997; 1997, No. 84 (Adj. Sess.), § 2; 1999, No. 120 (Adj. Sess.), § 5; 2007, No. 66 , § 2; 2007, No. 138 (Adj. Sess.), § 1, eff. May 9, 2008; 2009, No. 153 (Adj. Sess.), § 21b; 2013, No. 92 (Adj. Sess.), § 13, eff. Feb. 14, 2014; 2017, No. 173 (Adj. Sess.), § 20, eff. May 25, 2018; 2017, No. 173 (Adj. Sess.), § 20a, eff. July 1, 2023; 2019, No. 131 (Adj. Sess.), § 54.

  • If the State Board, after having provided the school a reasonable opportunity to respond, does not find that the school has satisfactorily responded or demonstrated its financial capacity, the State Board may establish a review team, that, with the consent of the school, includes a member of the Council of Independent Schools, to:
  • In considering whether an independent school lacks financial capacity to meet its stated objectives during the period of its approved status and what actions the State Board should take if it makes this finding, the State Board may consult with, and draw on the analytical resources of, the Vermont Department of Financial Regulation.

    (C) Information provided by an independent school under this subsection that is not already in the public domain is exempt from public inspection and copying under the Public Records Act and shall be kept confidential.

    1. the school will prepare and maintain attendance records for each student enrolled or regularly attending classes;
    2. at least once each year, the school will assess each student's progress, and will maintain records of that assessment, and present the result of that assessment to each student's parent or guardian;
    3. the school's educational program will include the minimum course of study set forth in section 906 of this title;
    4. the school will have teachers and materials sufficient to carry out the school's educational program; and
    5. the school will meet such State and federal laws and regulations concerning its physical facilities and health and safety matters as are applicable to recognized independent schools.
  • History

    Amendments--2019 (Adj. Sess.). Subsec. (a): Substituted "in this section" for "herein".

    Amendments--2017 (Adj. Sess.). Subsec. (b): Act No. 173, § 20 substituted "have the resources" for "has the resources" in the second sentence.

    Subsec. (b): Act No. 173, § 20a inserted "all statutory requirements for approved independent schools and" following "substantially complies with" at the end of the first sentence, added the second sentence, and inserted, "provided that the State Board shall determine that the school complies with all student enrollment provisions required by law" at the end of the last sentence.

    Subdiv. (b)(5): Amended generally by Act No. 173, § 20.

    Subdiv. (b)(8): Added by Act No. 173, § 20.

    Amendments--2013 (Adj. Sess.). Section amended generally.

    Amendments--2009 (Adj. Sess.) Subdiv. (b)(6): Rewrote the first sentence to describe listed series of programs as "distance learning" programs, made minor grammatical changes, and deleted the last sentence.

    Amendments--2007 (Adj. Sess.). Subsec. (b): Added subdiv. (7).

    Amendments--2007. Subsec. (b): Substituted "subsection" for "section" following "subdivision (6) of this" in the second sentence.

    Subdivs. (b)(4), (c)(6): Inserted "genders, dates of birth" following "names" in the first sentence.

    Amendments--1999 (Adj. Sess.). Subsec. (e): Amended generally.

    Amendments--1997 (Adj. Sess.). Subsec. (b): Substituted "Except as provided in subdivision (6) of this section, the" for "the" preceding "board's rules" in the second sentence of the introductory paragraph and added subdiv. (6).

    Amendments--1997 Subsec. (g): Added.

    Amendments--1995 (Adj. Sess.) Subsec. (f): Added.

    Amendments--1993 (Adj. Sess.) Subsec. (e): Added.

    Amendments--1989 Section amended generally.

    Amendments--1983 (Adj. Sess.) Redesignated former subsecs. (b)-(e) as subsecs. (c)-(f), added a new subsec. (b), inserted "which offers graded education other than or in addition to kindergarten" preceding "if" in the first sentence of subsec. (a) and "required to attend school who are" preceding "enrolled" in the second sentence of subsec. (f) and substituted "subsection (e)" for "subsection (d)" following "under" in the first sentence of that subsec.

    Amendments--1981 (Adj. Sess.) Section amended generally.

    Effective date of 2017 (Adj. Sess.) amendment. 2017, No. 173 (Adj. Sess.), § 20a, as amended by 2019, No. 112 (Adj. Sess.), § 10(c), provides that the amendment to this section by 2017, No. 173 (Adj. Sess.), § 20a shall take effect on July 1, 2023.

    Cross References

    Cross references. Harassment, hazing, and bullying policies for public schools, see chapter 9, subchapter 5 of this title.

    ANNOTATIONS

    Analysis

    1. Kindergartens.

    Private kindergartens subject to approval by the Board of Education are those which come within the scope of the definitions, in section 11 of this title, of kindergarten as an educational program for children in the first year of a seven-year elementary education program. 1970-72 Op. Atty. Gen. 139.

    2. Tuition reimbursement.

    No procedures are set forth in statutes suggesting that Legislature intended State Board to base approval for independent school tuition reimbursement on whether school is sectarian. Campbell v. Manchester Bd. of Sch. Dirs., 161 Vt. 441, 641 A.2d 352 (1994).

    Statutory sections, when read together, base approval by State Board for independent school tuition reimbursement on curricular and attendance requirements. Campbell v. Manchester Bd. of Sch. Dirs., 161 Vt. 441, 641 A.2d 352 (1994).

    Cited. State v. DeLaBruere, 154 Vt. 237, 577 A.2d 254 (1990); Chittenden Town School District v. Department of Education, 169 Vt. 310, 738 A.2d 539 (1999).

    Law review commentaries

    Law review. State regulation of private church-related schools, see 8 Vt. L. Rev. 75 (1983).

    § 166a. Repealed. 1987, No. 97, § 8, eff. June 23, 1987.

    History

    Former § Former § 166a, relating to approval of home study programs, was derived from 1981, No. 151 (Adj. Sess.), § 9. For provisions relating to home study programs generally, see § 166b of this title.

    § 166b. Home study program.

    1. Enrollment notice.  A home study program shall send a written enrollment notice to the Secretary whenever it intends to enroll a child. Enrollments in home study programs shall expire on July 1. If a home study program intends to re-enroll a child for the following school year, a new notice under this section is required and may be submitted at any time after March 1. A notice under this subsection shall include the following:
      1. The name, age, and month and year of birth of the child.
      2. The names, mailing addresses, town of legal residence, and telephone numbers of the parents or guardians of the child.
      3. For each child enrolled during the preceding year, any assessment of progress required under subsection (d) of this section.
      4. For each child not previously enrolled in a Vermont public school or Vermont home study program, independent professional evidence on whether the child has a disability. A comprehensive evaluation to establish eligibilities for special education is not required, but may be ordered by a hearing officer after a hearing under this section.
      5. Subject to the provisions of subsections (k) and (l) of this section, for each child being enrolled for the current year, a detailed outline or narrative that describes the content to be provided in each subject area of the minimum course of study, including any special services or adaptations to be made to accommodate any disability. Methods and materials to be used may be included but are not required.
      6. The names, addresses, telephone numbers, and signatures of the persons who will provide ongoing instruction in each subject area of the minimum course of study, as defined in subsection (i) of this section.
      7. The signatures of all custodial parents or guardians who are legally authorized to make educational decisions for the student.
    2. Notice to home study programs.  Within 14 business days of receiving an enrollment notice, the Secretary or designee shall send the home study program a written acknowledgment of receipt. The acknowledgment shall include a determination:
      1. either that the enrollment notice is complete and no further information is needed, or specifically identifying information required under subsection (a) of this section which is missing. If information is missing, the home study program shall provide the additional information in writing within 14 days; and
      2. either that the child may be enrolled immediately or that the child may be enrolled 45 days after the enrollment notice was received. At any time before the child may be enrolled, the Secretary may order that a hearing be held. After notice of such a hearing is received, the child shall not be enrolled until after an order has been issued by the hearing officer to that effect.
    3. Enrollment reports.  Each home study program shall notify the Secretary within seven days of the day that any student ceases to be enrolled in the program. Within ten days of receiving any enrollment report, the Secretary shall notify the appropriate superintendent of schools.
    4. Progress assessment.  Each home study program shall assess annually the progress of each of its students. Progress shall be assessed in each subject area of the minimum course of study, as defined in subsection (i) of this section, by one or more of the following methods:
      1. A report in a form designated by the Secretary, by a teacher licensed in Vermont. In determining the form of the report, the Secretary shall consult with parents who have provided home study programs for their children. Nothing in this section shall be construed to require the Secretary to consult with parents on an individual basis regarding the form of a teacher report.
      2. A report prepared by the student's parents or instructor, or a teacher advisory service report from a publisher of a commercial curriculum, together with a portfolio of the student's work that includes work samples to demonstrate progress in each subject area in the minimum course of study.
      3. The complete results of a standardized achievement test approved by the Secretary, administered in a manner approved by the testing company, and scored in accordance with this subdivision. In selecting the list of tests to be approved, the Secretary shall:
        1. Consult with parents who have provided home study programs for their children. Nothing in this section shall be construed to require the Secretary to consult with parents on an individual basis regarding the test to be administered as a progress assessment for their own home study programs.
        2. Select at least four tests to be scored by a testing company, and at least four tests to be administered and scored by a teacher licensed in Vermont who is not the parent or legal guardian of the student.
    5. Hearings before enrollment.  If the Secretary has information that creates a significant doubt about whether a home study program can or will provide a minimum course of study for a student who has not yet enrolled, the Secretary may call a hearing. At the hearing, the home study program shall establish that it has complied with this section and will provide the student with a minimum course of study.
    6. Hearings after enrollment.  If the Secretary has information that reasonably could be expected to justify an order of termination under this section, he or she may call a hearing. At the hearing, the Secretary shall establish one or more of the following:
      1. the home study program has substantially failed to comply with the requirements of this section;
      2. the home study program has substantially failed to provide a student with the minimum course of study;
      3. the home study program will not provide a student with the minimum course of study.
    7. Notice and procedure.  Notice of any hearing shall include a brief summary of the material facts and shall be sent to each parent or guardian and each instructor of the student or students involved who are known to the Secretary. The hearing shall occur within 30 days of the day that notice is given or sent. If a notice concerns a child not yet enrolled in a home study program, enrollment shall not occur until an order has been issued after the hearing. The hearing shall be conducted by an impartial hearing officer appointed by the Secretary from a list approved by the State Board. At the request of the child's parent or guardian, the hearing officer shall conduct the hearing at a location in the vicinity of the home study program.
    8. Order following hearing.  After hearing evidence, the hearing officer shall enter an order within ten working days. If the child is not enrolled, the order shall provide that the child be enrolled or that enrollment be disallowed. If the child is enrolled, the order shall provide that enrollment be continued or that the enrollment be terminated. An order shall take effect immediately. Unless the hearing officer provides for a shorter period, an order disallowing or terminating enrollment shall extend until the end of the following school year, as defined in this title. If the order is to disallow or terminate the enrollment, a copy shall be given to the appropriate superintendent of schools, who shall take appropriate action to ensure that the child is enrolled in a school as required by this title. Following a hearing, the Secretary may petition the hearing officer to reopen the case only if there has been a material change in circumstances.
    9. The minimum course of study required under this section shall be provided every school year, and the educational content provided shall be adapted in each area of study to the age and ability of each child and to any disability of the child. Nothing in this section requires that a home study program follow the program or methods used by the public schools. In this section, "minimum course of study" means:
      1. For a child who is younger than 13 years of age, the subject areas listed in section 906 of this title.
      2. For a child who is 13 years of age or older, the subject areas listed in subdivisions 906(b)(1), (2), (4), and (5) of this title, and other subject areas selected by the home study program. The child's progress in the elective areas shall not be subject to the annual progress assessment.
    10. After the filing of the enrollment notice or at a hearing, if the home study program is unable to comply with any specific requirements due to deep religious conviction shared by an organized group, the Secretary may waive such requirements if he or she determines that the educational purposes of this section are being or will be substantially met.
    11. A Vermont home study program that has successfully completed the last two consecutive school years of home study with any enrolled child, provided those two years fall within the most recent five years, shall not thereafter be required to submit an annual detailed outline or narrative describing the content of the minimum course of study. For the purposes of this subsection, successful completion of a home study program shall mean that, in each of the two consecutive years, the program has not been disallowed by order of a hearing officer, the previously enrolled student made progress commensurate with age and ability in all subject areas of the minimum course of study, and the home study program has otherwise complied with the requirements of this section.
    12. A home study program that has successfully completed two consecutive school years of home study as defined in subsection (k) of this section shall not be exempt from any other requirements of this section and shall annually submit a description of special services and adaptations to accommodate any disability of the child consistent with subsection (i) of this section. In addition, the program shall submit a detailed outline or narrative describing the content to be provided in each subject area of the minimum course of study as part of its enrollment notice for each child who is 12 years of age at the time the enrollment notice is submitted.

      Added 1987, No. 97 , § 3, eff. June 23, 1987; amended 1989, No. 44 , § 6, eff. June 1, 1990; 1989, No. 118 , § 3; 1991, No. 24 , § 11; 1995, No. 100 (Adj. Sess.), § 1; 2005, No. 107 (Adj. Sess.), § 1; 2013, No. 92 (Adj. Sess.), § 14, eff. Feb. 14, 2014; 2019, No. 131 (Adj. Sess.), § 55.

    History

    Amendments--2019 (Adj. Sess.). Subsec. ( l ): Substituted "of age" for "old" in the last sentence.

    Amendments--2013 (Adj. Sess.). Section amended generally.

    Amendments--2005 (Adj. Sess.). Rewrote subsecs. (a), (d), and (i) and added subsecs. (k) and ( l ).

    Amendments--1995 (Adj. Sess.) Subsec. (b): Inserted "business" following "14" in the first sentence of the introductory paragraph.

    Amendments--1991 Subdiv. (d)(2): Substituted "independent" for "private" following "Vermont".

    Amendments--1989 Subdiv. (d)(1): Act No. 118 substituted "licensed" for "certified" preceding "Vermont".

    Subsec. (j): Added by Act No. 44.

    ANNOTATIONS

    Analysis

    1. Construction .

    The homestudy statute is not a penal statute to be strictly construed against the state because nothing therein empowers the Department of Education or a hearing officer to issue an order that has direct penal consequences; it simply establishes a governmental reporting requirement, much as any regulatory law. In re S.M., 175 Vt. 524, 824 A.2d 593 (mem.) (2003).

    The home-study statute is not unconstitutionally vague on the basis that it fails to notify parents as to what is required for enrollment and permits arbitrary enforcement. In re S.M., 175 Vt. 524, 824 A.2d 593 (mem.) (2003).

    Home-study statute did not confer discretion on Commissioner of Education to "approve" a home-study program; rather, under statute, enrollment in a program occurred either immediately or within 45 days after receipt of enrollment notice, unless Commissioner ordered a hearing. In re T.M., 171 Vt. 1, 756 A.2d 793 (2000).

    2. Construction with other law .

    Minor was properly enrolled in a home-study program under statute because Commissioner of Education failed to order hearing within 45 days of receiving mother's notice of enrollment; minor could therefore not properly be adjudicated a child in need of care and supervision on basis of truancy from school. In re T.M., 171 Vt. 1, 756 A.2d 793 (2000).

    3. Evidence of eligibility.

    In order for the Commissioner of Education to fulfill the statutory duty to ensure that the home study program provides the student with a minimum course of study, the Department must be provided with sufficient information to show whether the child is handicapped; the bare, conclusory opinion of a professional is insufficient for the Commissioner to make the required determination. In re S.M., 175 Vt. 524, 824 A.2d 593 (mem.) (2003).

    § 167. High school equivalence certificate.

    The State Board is authorized to grant high school equivalency certificates to any person who has not been graduated from a high school on the basis of credits earned in the U.S. Armed Forces, credits earned in approved schools for adults, or satisfactory scores obtained on approved examinations.

    Added 1969, No. 298 (Adj. Sess.), § 18.

    § 167a. Contract for sale and distribution of historical textbook.

    1. The State Board may contract with the Vermont Historical Society or other organization or organizations that it deems responsible to permit the use of any rights and physical properties owned by the State of Vermont in the textbook, "Vermont, A History of the Green Mountain State" for reproduction of the textbook for sale and distribution to the general public.
    2. The contracts shall provide among other provisions:
      1. that libraries and public or private schools located within the State shall be allowed to purchase an adequate number of copies of the textbook for their own use at the actual cost of publication exclusive of promotional costs; and
      2. that sales of the textbook to purchasers other than schools and libraries in the State of Vermont shall include provision for payment of royalty approved by the State Board to Edmund Fuller, author, but not to exceed 15 percent of the total retail selling price, the royalty to be paid by the organization or organizations; and
      3. that there shall be paid into the State Treasury by the organization or organizations for the use of the State a percentage of the retail selling price of each textbook sold to the general public, the percentage to be agreed upon between the State Board and the organization or organizations.

        Added 1969, No. 298 (Adj. Sess.), § 24; 2013, No. 92 (Adj. Sess.), § 15, eff. Feb. 14, 2014.

    History

    Redesignation of section - 2013 (Adj. Sess.). This section, which was originally enacted as § 173, was redesignated as § 167a pursuant to 2013, No. 92 (Adj. Sess.), § 15, eff. Feb. 14, 2014.

    § 168. Redesignated. 2013, No. 92 (Adj. Sess.), § 17, eff. Feb. 14, 2014.

    History

    Redesignation of § 168. Former § 168, relating to authority of State Board of Education to utilize federal funds to aid education, was derived from 1969, No. 298 (Adj. Sess.), § 19 and amended by 1975, No. 147 (Adj. Sess.), § 1; 1983, No. 247 (Adj. Sess.), § 2; 1991, No. 204 (Adj. Sess.), § 7; and 2009, No. 44 , § 29. For present provisions, see § 41 of this title.

    § 169. Redesignated. 2013, No. 92 (Adj. Sess.), § 18, eff. Feb. 14, 2014.

    History

    Redesignation of § 169. Former § 169, relating to acceptance, distribution, and accounting of federal funds, was derived from 1969, No. 298 (Adj. Sess.), § 20 and amended by 1987, No. 228 (Adj. Sess.), § 8. For present provisions, see § 42 of this title.

    § 170. Control by federal agencies prohibited.

    No department, agency, officer, or employee of the United States shall, because of any provision of this title, direct, supervise, control, or prescribe in any manner, the administration, personnel, curriculum, or instruction in the public schools of Vermont.

    Added 1969, No. 298 (Adj. Sess.), § 21.

    § 171. Repealed. 1983, No. 247 (Adj. Sess.), § 4(2).

    History

    Former § 171. Former § 171, relating to vocational education programs, was derived from 1969, No. 298 (Adj. Sess.), § 22. The subject matter is now covered by chapter 37 of this title.

    § 172. Redesignated. 2013, No. 92 (Adj. Sess.), § 21, eff. Feb. 14, 2014.

    History

    Redesignation of § 172. Former § 172, relating to school food programs, was derived from 1969, No. 298 (Adj. Sess.), § 23. For present provisions, see § 44 of this title.

    § 173. Redesignated. 2013, No. 92 (Adj. Sess.), § 15, eff. Feb. 14, 2014.

    History

    Redesignation of § 173. Former § 173, relating to contract for sale and distribution of historical textbook, was derived from 1969, No. 298 (Adj. Sess.), § 24. For present provisions, see § 167a of this title.

    § 174. Repealed. 1981, No. 124 (Adj. Sess.), § 2, eff. March 2, 1982.

    History

    Former § 174. Former § 174, relating to approval of post secondary educational institutions, was derived from 1969, No. 298 (Adj. Sess.), § 25, and amended by 1973, No. 56 . The subject matter is now covered by subchapter 2 of this chapter.

    Subchapter 2. Postsecondary Schools

    § 175. Postsecondary educational institutions; closing.

    1. When an institution of higher education, whether or not chartered in this State, proposes to discontinue the regular course of instruction, either permanently or for a temporary period other than a customary vacation period, the institution shall:
      1. promptly inform the State Board;
      2. prepare the academic record of each current and former student in a form satisfactory to the State Board and including interpretive information required by the Board; and
      3. deliver the records to a person designated by the State Board to act as permanent repository for the institution's records, together with the reasonable cost of entering and maintaining the records.
    2. Persons acting as a repository may microfilm records received under this section.
    3. Students and former students of the discontinuing institution shall be entitled to verified copies of their records upon payment of a reasonable fee.
    4. When an institution of higher education is unable or unwilling to comply substantially with the record preparation and delivery requirements of subsection (a) of this section, the State Board shall bring an action in Superior Court to compel compliance with this section, and may in a proper case obtain temporary custody of the records.
    5. When an institution of higher education is unable or unwilling to comply with the requirements of subsection (a) of this section, the State Board may expend State funds necessary to ensure the proper storage and availability of the institution's records.  The Attorney General shall then seek recovery under this subsection, in the name of the State, of all of the State's incurred costs and expenses, including attorney's fees, arising from the failure to comply.  Claims under this subsection shall be a lien on all the property of a defaulting institution, until all claims under this subsection are satisfied.  The lien shall take effect from the date of filing notice thereof in the records of the town or towns where property of the defaulting institution is located.
    6. The State Board shall adopt rules under this section for its proper administration.  The rules may include provisions for preparing and maintaining transferred records.  Persons acting as a repository of records are bound only by maintenance provisions to which they agreed before receiving transferred records.
    7. The Association of Vermont Independent Colleges (AVIC) shall maintain a memorandum of understanding with each of its member colleges under which each member college agrees to:
      1. upon the request of AVIC, properly administer the student records of a member college that fails to comply with the requirements of subsection (a) of this section; and
      2. contribute on an equitable basis and in a manner determined in the sole discretion of AVIC to the costs of another AVIC member or other entity selected by AVIC maintaining the records of a member college that fails to comply with the requirements of subsection (a) of this section.

        Added 1979, No. 49 , § 1, eff. April 25, 1979; amended 2017, No. 49 , § 36, eff. Oct. 1, 2017.

    History

    Amendments--2017. Subsec. (g): Added.

    § 176. Postsecondary schools chartered in Vermont.

    1. Applicability.  Except as provided in subsection (d) of this section, any postsecondary school that operates primarily or exclusively in the State of Vermont is subject to this section.
    2. Definitions.  As used in this subchapter:
      1. "Postsecondary school" means any person who offers or operates a program of college or professional education for credit or a degree and enrolls or intends to enroll students.
      2. "Offer" includes the use in the name of an institution or in its promotional material of a term such as "college," "university," or "institute" that is intended to indicate that it is an institution that offers postsecondary education.
      3. "Degree" means any award that is given by a postsecondary school for completion of a program or course and that is designated by the term degree, associate, bachelor, baccalaureate, master's, or doctorate, or any similar award that the State Board includes by rule.
      4. "Operate" means to establish, keep, or maintain any facility or location from or through which education is offered or given, or educational degrees are offered or granted. The term includes contracting with any person to perform any such act.
      5. "Accredited" means accredited by any regional, national, or programmatic institutional accrediting agency recognized by the U.S. Department of Education.
    3. State Board approval.
      1. Every postsecondary school that is subject to this section shall:
        1. apply for a certificate of approval from the State Board prior to registering its name with the Secretary of State pursuant to Title 11, Title 11A, or Title 11B;
        2. apply for and receive a certificate of approval from the State Board prior to offering postsecondary credit-bearing courses or programs and prior to admitting the first student; and
        3. provide written notification to each applicant for admission or enrollment, on an application, enrollment, or registration form to be signed by the applicant, that credits earned at the school are transferable at the discretion of the receiving school.
      2. Every postsecondary school shall secure a certificate of degree-granting authority from the State Board before it confers or offers to confer a degree.
    4. Exemptions.  The following are exempt from the requirements of this section except for the requirements of subdivision (c)(1)(C) of this section:
      1. Nondegree-granting and noncredit-granting programs of education sponsored by a trade, labor, business, or professional organization that are conducted solely for that organization's membership or for members of the particular industries or professions served by that organization.
      2. The University of Vermont and the Vermont State Colleges.
      3. Postsecondary schools currently licensed or approved by a Vermont State occupational licensing board.
      4. Postsecondary schools that are accredited. The following postsecondary institutions are accredited, meet the criteria for exempt status, and are authorized to operate educational programs beyond secondary education, including programs leading to a degree or certificate: Bennington College, Champlain College, College of St. Joseph, Goddard College, Green Mountain College, Landmark College, Marlboro College, Middlebury College, New England Culinary Institute, Norwich University, Saint Michael's College, SIT Graduate Institute, Southern Vermont College, Sterling College, Vermont College of Fine Arts, and Vermont Law School. This authorization is provided solely to the extent necessary to ensure institutional compliance with federal financial aid-related regulations, and it does not affect, rescind, or supersede any preexisting authorizations, charters, or other forms of recognition or authorization.
      5. Nondegree-granting and noncredit-granting postsecondary schools that offer only training in specific trades or vocations.
      6. Religious instruction that does not result in earning credits or a degree.
    5. Issuance.  On proper application, the State Board shall issue a certificate of approval or a certificate of degree-granting authority, or both, to an applicant whose goals, objectives, programs, and resources, including personnel, curriculum, finances, and facilities, are found by the State Board to be adequate and appropriate for the stated purpose and for the protection of students and the public interest. The certificate shall be for a term not exceeding five years. The certificate may be subject to conditions, terms, or limitations.
    6. Renewal.  Certificates under this section may be renewed on application in the same manner as originally issued.
    7. Revocation.  Any certificate may be revoked by the State Board at any time for good cause relating to the conditions, terms, and limitations of approval.
    8. Advice.  Prior to any action taken by the State Board with respect to any application for degree-granting authority, the Board shall obtain the advice of the Vermont Higher Education Council, Incorporated.
    9. The Board may adopt rules and perform investigations in order to effectuate the purposes of this section.
    10. In the event that a postsecondary school does not comply with the provisions of subsection (c) of this section or is denied the issuance of a certificate of approval or a certificate of degree-granting authority, the postsecondary school shall forthwith cease to operate.
    11. The Attorney General, upon request of the State Board, may bring an action to enjoin the operation of a postsecondary school that is operating in violation of this section.
    12. Any person, group, or entity, or any owner, officer, agent, or employee thereof, who willfully violates subsection (c) or (j) of this section shall be fined not to exceed $1,000.00 or imprisoned for not more than one year, or both.  Each day's violation shall be a separate violation.
    13. Nothing in this chapter shall prohibit the State from participating in any interstate reciprocity agreement for the purpose of authorizing online postsecondary programs. For purposes of reciprocity between states for institutional authorization, the Secretary, or other Vermont agency as appropriate, shall investigate any complaints related to Vermont institutions participating in a recognized interstate reciprocity agreement.

      Added 1981, No. 124 (Adj. Sess.), § 1, eff. March 2, 1982; amended 1989, No. 263 (Adj. Sess.), § 1, eff. June 20, 1990; 2001, No. 19 , § 1; 2003, No. 107 (Adj. Sess.), § 1; 2011, No. 58 , § 19, eff. May 31, 2011; 2013, No. 92 (Adj. Sess.), § 23, eff. Feb. 14, 2014; 2013, No. 179 (Adj. Sess.), § E.500.4; 2017, No. 49 , § 25, eff. May 23, 2017.

    History

    Amendments--2017. Subdiv. (d)(4): Deleted "Burlington College" following "Bennington College".

    Amendments--2013 (Adj. Sess.). Subsec. (b): Act No. 92 substituted "subchapter" for "section".

    Subdiv. (d)(1): Act No. 179 substituted "Nondegree-granting and noncredit granting programs" for "Programs" at the beginning.

    Subsec. (m): Added by Act No. 179.

    Amendments--2011. Section amended generally.

    Amendments--2003 (Adj. Sess.) Subdiv. (c)(1)(A): Substituted "Title 11, Title 11A, or Title 11B" for "section 1621 of Title 11".

    Amendments--2001. Subsec. (b): Substituted "postsecondary" for "post secondary" in subdiv. (1), added the second sentence in subdiv. (2), and substituted "postsecondary" for "post-secondary" in subdiv. (3).

    Subsec. (c): Substituted "postsecondary" for "post secondary" in the introductory paragraph of subdiv. (1), amended subdivs. (1)(A) and (1)(B) generally, deleted "after July 1, 1991" preceding notify in subdiv. (1)(C), and substituted "postsecondary" for "post-secondary" in subdiv. (2).

    Subsec. (d): Substituted "nondegree-granting and noncredit-granting postsecondary" for "non-degree granting post-secondary" in subdiv. (5) and inserted "earning credits or" in subdiv. (6).

    Amendments--1989 (Adj. Sess.) Section amended generally.

    § 176a. Postsecondary schools not chartered in Vermont.

    1. Applicability.  Except as provided in subsection (e) of this section, a postsecondary school that operates primarily outside the State of Vermont, offers or operates a program of college or professional education for credit or a degree, and wishes to operate in Vermont is subject to this section and to subsections 176(g) through (l) of this title.
    2. [Repealed.]
    3. Requirements.  A postsecondary school subject to this section shall:
      1. register its name with the Secretary of State pursuant to Title 11, 11A, or 11B;
      2. secure accreditation by any regional, national, or programmatic institutional accrediting agency recognized by the U.S. Department of Education;
      3. apply for and receive a certificate of approval or a certificate of degree-granting authority, or both pursuant to subsection 176(e) of this title prior to offering postsecondary credit-bearing courses or programs, admitting the first student, or conferring or offering to confer a degree to a student enrolled in its Vermont school;
      4. meet any requirements for approval in its state of primary operation for the specific degree or credit-bearing course or program that it intends to offer in Vermont;
      5. register with the Agency pursuant to State Board rule; and
      6. provide written notification to each applicant for admission or enrollment, on an application, enrollment, or registration form to be signed by the applicant, that credits earned at the school are transferable at the discretion of the receiving school.
    4. Renewal.  After receiving initial approval, a postsecondary school subject to this section shall register annually with the State Board of Education by providing evidence of accreditation and approval by the state in which it primarily operates and any other documentation the Board requires. The State Board may refuse or revoke registration at any time for good cause.
    5. Exemptions.  The following are exempt from the provisions of this section:
      1. Nondegree-granting and noncredit-granting programs of education sponsored by a trade, labor, business, or professional organization that are conducted solely for that organization's membership or for members of the particular industries or professions served by that organization.
      2. Postsecondary schools currently licensed or approved by a Vermont occupational licensing board.
      3. Nondegree-granting or noncredit-granting postsecondary schools that offer only training in specific trades or vocations.
      4. Religious instruction that does not result in earning credits or a degree.
      5. Programs of education offered solely via correspondence, the Internet, or electronic media, provided that the postsecondary school has no physical presence in Vermont. Evidence of a "physical presence" includes the existence of administrative offices, seminars conducted by a person who is physically present at the seminar location, the provision of direct services to students, and required physical gatherings.
      6. Programs of education offered solely via the Internet or electronic media, provided that the program's home state has entered into an interstate reciprocity agreement with Vermont and the program:
        1. is a member in good standing of the agreement within the home state; and
        2. has no "physical presence" in Vermont as that term is defined in the agreement.

          Added 1989, No. 263 (Adj. Sess.), § 2, eff. June 20, 1990; amended 2001, No. 19 , § 2; 2003, No. 107 (Adj. Sess.), § 2; 2011, No. 58 , § 20, eff. May 31, 2011; 2013, No. 92 (Adj. Sess.), § 24, eff. Feb. 14, 2014; 2013, No. 179 (Adj. Sess.), § E.500.5.

    History

    Amendments--2013 (Adj. Sess.). Subsec. (b): Repealed by Act No. 92.

    Subdiv. (c)(5): Act No. 92 substituted "Agency" for "department of education" preceding "pursuant".

    Subdiv. (e)(1): Act No. 179 substituted "Nondegree-granting and noncredit-granting programs" for "Programs" at the beginning.

    Subdiv. (e)(6): Added by Act No. 179.

    Amendments--2011. Section amended generally.

    Amendments--2003 (Adj. Sess.) Subdiv. (c)(1): Substituted "Title 11, Title 11A, or Title 11B" for "section 1621 of Title 11".

    Amendments--2001. Section amended generally.

    § 177. Postsecondary approval; fees.

    1. A postsecondary school subject to section 176 of this title shall pay:
      1. a fee of $4,000.00 for an application for approval to offer credit-bearing courses;
      2. a fee of $5,000.00 for an application for degree-granting authority if the postsecondary school is approved to offer credit-bearing courses; and
      3. a fee of $7,500.00 if the school seeks approval under subdivisions (1) and (2) of this subsection simultaneously.
    2. If a postsecondary school that is subject to section 176 of this title and is operating within an unexpired certification period files an application to offer a new degree at the same level as a degree previously approved by the State Board, then the fee shall be based upon the actual costs to the Agency but shall not be less than $1,000.00 for each new degree.
    3. A postsecondary school subject to section 176a of this title shall pay:
      1. the fees set forth in subsection (a) of this section for initial review and approval pursuant to subdivision 176a(c)(3) of this title;
      2. a fee of $1,000.00 for initial registration with the Agency pursuant to subdivision 176a(c)(5) of this title; and
      3. an annual fee of $500.00 to renew its registration to operate in Vermont pursuant to subsection 176a(d) of this title.
    4. Fees assessed under this section are not refundable.
    5. Fees assessed under this section shall be credited to a special fund established and managed pursuant to 32 V.S.A. chapter 7, subchapter 5, and shall be available to the Agency to offset the costs of approval.

      Added 1989, No. 263 (Adj. Sess.), § 3, eff. June 20, 1990; amended 1997, No. 59 , § 24, eff. June 30, 1997; 2003, No. 70 (Adj. Sess.), § 25, eff. March 1, 2004; 2011, No. 58 , § 21, eff. May 31, 2011; 2013, No. 92 (Adj. Sess.), § 25, eff. Feb. 14, 2014.

    History

    Amendments--2013 (Adj. Sess.). Substituted "Agency" for "department" throughout the section.

    Amendments--2011. Section amended generally.

    Amendments--2003 (Adj. Sess.). Subsec. (a): Substituted "postsecondary" for "post-secondary", "$2,000.00" for "$1,500.00", and "$2,500.00" for "$2,000.00" in the first sentence and deleted the second sentence.

    Subsec. (b): Redesignated former subsec. (b) as present subsec. (c) and added new subsec. (b).

    Amendments--1997. Section amended generally.

    § 178. Harassment and hazing prevention policies; postsecondary schools.

    1. The board of trustees or other governing body of each postsecondary school operating in Vermont shall adopt and ensure enforcement of a policy establishing that harassment as defined in subdivision 11(a)(26) of this title is a form of unlawful discrimination and therefore prohibited. The board shall also require the establishment of procedures to address complaints of discriminatory harassment and to initiate educational programs designed to prevent such conduct.
    2. The board of trustees or other governing body of each postsecondary school operating in Vermont shall adopt and ensure enforcement of a policy prohibiting hazing, which shall define hazing in a manner that is at least as stringent as the definition contained in subdivision 11(a)(30) of this title. The policy shall include penalties or sanctions, or both, for organizations that or individuals who engage in hazing; revocation or suspension of an organization's permission to operate or exist within the institution's purview if that organization knowingly permits, authorizes, or condones hazing; and clear delineation of circumstances under which hazing will be reported to a law enforcement agency. A summary of the policy shall be distributed to all students at least annually.

      Added 2009, No. 106 (Adj. Sess.), § 1, eff. May 13, 2010; amended 2013, No. 92 (Adj. Sess.), § 26.

    History

    Amendments--2013 (Adj. Sess.). Subsecs. (a), (b): Deleted ", as defined in subdivision 140a(1) of this title," preceding "operating".

    Annotations From Former § 2284

    1. Exhaustion of remedies.

    University was a postsecondary school that had a harassment policy in place during all times relevant to a case brought by a student. Therefore, the exception to the exhaustion requirement for an educational institution that did not maintain a harassment policy did not apply to her harassment claim. Allen v. University of Vermont, 185 Vt. 518, 973 A.2d 1183 (2009).

    § 179. Repealed. 2003, No. 78 (Adj. Sess.), § 1.

    History

    Former § 179. Former § 179, relating to the Governor's diploma, was derived from 1995, No. 157 (Adj. Sess.), § 2a, and amended by 1997, No. 78 (Adj. Sess.), § 1; 1999, No. 6 , § 1; 2001, No. 142 (Adj. Sess.), § 189.

    § 180. Student rights - Freedom of expression.

    1. Findings.
      1. The General Assembly finds that freedom of expression and freedom of the press are fundamental principles in our democratic society granted to every citizen of the nation by the First Amendment to the U.S. Constitution and to every resident of this State by Vt. Const. Ch. I, Art. 13.
      2. These freedoms provide all citizens, including students, with the right to engage in robust and uninhibited discussion of issues.
      3. The General Assembly intends to ensure free speech and free press protections for both public school students and students at public institutions of higher education in this State in order to encourage students to become educated, informed, and responsible members of society.
    2. Definitions.  As used in this chapter:
      1. "Media adviser" means an individual employed, appointed, or designated by a school or its governing body to supervise or provide instruction relating to school-sponsored media.
      2. "School" means a public postsecondary school operating in the State.
      3. "School-sponsored media" means any material that is prepared, written, published, or broadcast as part of a school-supported program or activity by a student journalist and is distributed or generally made available as part of a school-supported program or activity to an audience beyond the classroom in which the material is produced.
      4. "Student journalist" means a student enrolled at a school who gathers, compiles, writes, edits, photographs, records, or prepares information for dissemination in school-sponsored media.
      5. "Student supervisor" is a student who is responsible for editing school-sponsored media.
      1. Subject to subsection (e) of this section, a student journalist may exercise freedom of speech and freedom of the press in school-sponsored media. (c) (1)  Subject to subsection (e) of this section, a student journalist may exercise freedom of speech and freedom of the press in school-sponsored media.
      2. Subdivision (1) of this subsection shall not be construed to be limited by the fact that the school-sponsored media are:
        1. supported financially by a school or its governing body, or by use of facilities owned by the school; or
        2. produced in conjunction with a class in which the student journalist is enrolled.
      1. Subject to subsection (e) of this section, the student supervisors of school-sponsored media are responsible for determining the content of their respective media. (d) (1)  Subject to subsection (e) of this section, the student supervisors of school-sponsored media are responsible for determining the content of their respective media.
      2. Subject to subdivision (1) of this subsection, a media adviser may teach professional standards of English and journalism to student journalists.
    3. This section shall not be construed to authorize or protect content of school-sponsored media that:
      1. is libelous or slanderous;
      2. constitutes an unwarranted invasion of privacy;
      3. may be defined as obscene, gratuitously profane, threatening, or intimidating;
      4. may be defined as harassment, hazing, or bullying under section 11 of this title;
      5. violates federal or State law; or
      6. creates the imminent danger of materially or substantially disrupting the ability of the school to perform its educational mission.
    4. Absent a showing that a particular publication will cause direct, immediate, and irreparable harm that would warrant the issuance of a prior restraint order against the private media, school officials are not authorized to censor or subject to prior restraint the content of school-sponsored media. Content shall not be suppressed solely because it involves political or controversial subject matter or is critical of the school or its administration.
    5. A student journalist may not be disciplined for acting in accordance with this section.
    6. A media adviser may not be dismissed, suspended, disciplined, reassigned, or transferred for:
      1. taking reasonable and appropriate action to protect a student journalist for engaging in conduct protected by this section; or
      2. refusing to infringe on conduct that is protected by this section, by the first amendment to the U.S. Constitution, or by the Vermont Constitution.
    7. Each school or its governing body shall adopt a written policy consistent with the provisions of this section.
    8. No expression made by students in school-sponsored media shall be deemed to be an expression of school policy.

      Added 2017, No. 49 , § 47, eff. May 23, 2017.

    History

    Former § 180. Former § 180, relating to a statewide strategic education plan, was derived from 1997, No. 60 , § 6 and was previously redesignated as § 164a of this title pursuant to 2013, No. 92 (Adj. Sess.), § 10.

    CHAPTER 5. SECRETARY OF EDUCATION

    Sec.

    History

    Amendments--2013 (Adj. Sess.). Act No. 92 (Adj. Sess.), § 27, eff. Feb. 14, 2014, substituted "Secretary" for "Commissioner" in the chapter heading.

    §§ 201-204. Repealed. 1969, No. 298 (Adj. Sess.), § 79.

    History

    Former §§ 201-204. Former § 201, relating to appointment and reports of Commissioner of Education, was derived from V.S. 1947, § 4188; P.L. § 4132; 1933, No. 153 , § 32; G.L. § 1175; 1917, No. 254 , § 1138; 1915, No. 64 , §§ 5, 8, 9; 1912, No. 62 , §§ 4, 5, 9; P.S. §§ 914, 920, 6146; V.S. §§ 595, 596, 603, 5320; 1888, No. 9 , §§ 1, 3, 4, 10; 1882, No. 108 ; R.L. §§ 452, 453, 456; 1874, No. 33 , §§ 1, 2, 7, 8; 1874, No. 36 , § 4; 1872, No. 18 , § 6; 1870, No. 21 ; G.S. 22, §§ 1, 3, 4; 1858, No. 1 , § 12; 1856, No. 5 , §§ 1, 3, 5, 9; 1849, No. 14 , § 2; 1845, No. 37 , §§ 3, 7; 1833, No. 19 , § 1; 1827, No. 23 , § 16.

    Former § 202, relating to duties of Commissioner of Education, was derived from V.S. 1947, § 4189; 1945, No. 60 , § 1; 1935, No. 86 , § 2; P.L. § 4133; 1933, No. 157 , § 3858; 1923, No. 32 , § 17. The subject matter is now covered by § 212 of this title.

    Former § 203, relating to employment, tenure, and removal of deputy commissioners and helping teachers, was derived from V.S. 1947, § 4192; 1935, No. 86 , § 3; P.L. § 4134; 1933, No. 157 , § 3859; 1923, No. 32 , §§ 14, 15; G.L. §§ 1181, 1182; 1915, No. 64 , §§ 39, 40, and amended by 1965, No. 125 , § 18.

    Former § 204, relating to duties of deputy commissioners and helping teachers, was derived from V.S. 1947, § 4194; 1935, No. 86 , § 5; P.L. § 4136; 1933, No. 157 , § 3861; 1923, No. 32 , § 15; G.L. § 1182; 1915, No. 64 , § 40.

    § 205. Repealed. 1961, No. 31, § 3.

    History

    Former § 205. Former § 205, relating to farm commodities donated by the federal government, was derived from V.S. 1947, §§ 4190, 4191; 1947, No. 58 , §§ 1, 2. The subject matter is now covered by 29 V.S.A. § 904.

    Subchapter 1. Secretary of Education

    History

    Amendments--2013 (Adj. Sess.). 2013, No. 92 (Adj. Sess.), § 27, eff. Feb. 14, 2014, substituted "Secretary" for "Commissioner" in the subchapter headings.

    § 211. Repealed. 2011, No. 98 (Adj. Sess.), § 6, eff. January 1, 2013.

    History

    Former § 211. Former § 211, relating to appointment of Commissioner by Board of education, was derived from 1969, No. 298 (Adj. Sess.), § 26. See 3 V.S.A. chapter 49 for current provisions creating Agency of Education and position of Secretary.

    § 212. Secretary's duties generally.

    The Secretary shall execute those policies adopted by the State Board in the legal exercise of its powers and shall:

    1. Coordinate the educational work of the public schools with higher education in the State.
    2. Identify the educational goals of the public schools, provide alternative methods of attaining those goals, and promote education in the State.
    3. Evaluate the program of instruction in the public schools.
    4. Advise the General Assembly concerning proposed laws affecting the public schools.
    5. Supervise and direct the execution of the laws relating to the public schools and ensure compliance.
    6. Supervise the expenditure and distribution of all money appropriated by the State under the provisions of this title for public schools.
    7. Arrange conferences and summer schools for superintendents and teachers and employ suitable speakers, lecturers, and instructors for the same; fix the amount of tuition for the instruction; provide for educational gatherings, institutes, summer schools, and other supplementary educational activities; and provide for cooperation with the Board of Libraries established by 22 V.S.A. § 602 .
    8. Inform citizens of the condition of and opportunities within the public education system and provide other educational publicity for the enlightenment and well-being of the citizens of the State.
    9. Establish requirements for information to be submitted by school districts, including necessary statistical data and other information and ensure, to the extent possible, that data are reported in a uniform way. Data collected under this subdivision shall include budget surplus amounts, reserve fund amounts, and information concerning the purpose and use of any reserve funds.
    10. Make recommendations to school boards regarding transportation policies.
    11. Provide an educational facilities planning service to make available technical assistance and comprehensive information on school construction, school systems design, component technology and suppliers, and similar subjects to public schools, school districts, and independent schools, for the purpose of helping them to achieve flexibility and economy in construction, to retain the potential for modification and expansion of educational facilities, and to attain the lowest maintenance costs consistent with educational needs.
    12. Distribute at his or her discretion upon request to approved independent schools appropriate forms and materials relating to the education quality standards for elementary and secondary students.
    13. Ensure the provision of services to children and adolescents with a severe emotional disturbance in coordination with the Departments of Mental Health, for Children and Families, and of Disabilities, Aging, and Independent Living pursuant to the provisions of 33 V.S.A. chapter 43.
    14. Annually, communicate to each superintendent a list of information that a supervisory union, a school board, a school district, a school, a school district employee, or a supervisory union employee is required under State or federal law to make available to the electorate, community members, parents, or students. It is the intent of this subdivision that the Secretary shall make a good faith effort to compile a complete list of the information to be made available. Due to the difficult nature of compiling such a list, it is also the intent that failure to include relevant information on the list shall not constitute grounds for an action against the Secretary.
    15. Annually, with the Commissioner of Health, shall jointly inform superintendents and principals of appropriate practices regarding students with life-threatening allergies and chronic illnesses; and prepare and distribute policies, training materials, and school guidelines for managing students with life-threatening allergies and chronic illnesses, including family responsibilities, school responsibilities, and student responsibilities.
    16. Annually, convene a meeting of directors of Vermont educator preparation programs and representatives of school boards, superintendents, principals, educators, and the Vermont Standards Board to determine subject and geographic areas in which there is a critical need for educators and to discuss ways to meet the need.
    17. Encourage and facilitate collaboration among school districts and supervisory unions to share information and expertise regarding low-incidence special education needs.
    18. Annually, inform superintendents and principals of regional resources available to assist schools to provide instruction in cardiopulmonary resuscitation and the use of automated external defibrillators and provide updated information to the education community regarding the provision of a comprehensive health education.
    19. Establish an information clearinghouse and accessible database to help districts share information about educational programs and practices that improve student performance. Educational programs and practices include those designed to create and sustain a safe learning environment.
    20. Develop, in consultation with the Secretary of State, and make available to school boards sample ballot language for issues that may be decided by Australian ballot and for which no statutory language exists.
    21. Prepare a budget for the Agency and submit it to the Governor after review by the State Board.
    22. Annually, prior to September 1, present the Governor's education policy priorities to the State Board.

      Added 1969, No. 298 (Adj. Sess.), § 26; amended 1977, No. 224 (Adj. Sess.); 1987, No. 264 (Adj. Sess.), § 3; 1989, No. 187 (Adj. Sess.), § 5; 1991, No. 24 , § 11; 1999, No. 108 (Adj. Sess.), § 1, eff. May 10, 2000; 2005, No. 127 (Adj. Sess.), § 1; 2005, No. 158 (Adj. Sess.), § 2; 2005, No. 214 (Adj. Sess.), § 1; 2007, No. 82 , § 25; 2011, No. 58 , § 8, eff. May 31, 2011; 2011, No. 98 (Adj. Sess.), § 5, eff. April 1, 2013; 2011, No. 129 (Adj. Sess.), § 1, eff. May 11, 2012; 2011, No. 151 (Adj. Sess.), § 2, eff. May 16, 2012; 2013, No. 92 (Adj. Sess.), § 28, eff. Feb. 14, 2014; 2015, No. 23 , § 20; 2015, No. 132 (Adj. Sess.), § 5, eff. July 1, 2019; 2019, No. 131 (Adj. Sess.), § 56.

    History

    Revision note. Subdivs. (18) through (21), as added by 2011, No. 98 (Adj. Sess.), § 5, eff. April 1, 2013, were renumbered as subdivs. (19) through (22), to avoid conflict with subdiv. (18), as added by 2011, No. 151 (Adj. Sess.), § 2, eff. May 16, 2012.

    Amendments--2019 (Adj. Sess.). Subdiv. (4): Substituted "General Assembly" for "Legislature".

    Amendments--2015 (Adj. Sess.). Subdiv. (9): Added the second sentence.

    Amendments--2015. Subdiv. (12): Substituted "education quality standards" for "school quality standards".

    Amendments--2013 (Adj. Sess.). Section amended generally.

    Amendments--2011 (Adj. Sess.) Subdiv. (12): Act No. 129 inserted "or her" following "his" and substituted "school quality standards" for "Vermont state basic competency program".

    Subdiv. (18): Added by Act No. 151.

    Subdivs. (19)-(22): Added by Act No. 98.

    Amendments--2011. Subdiv. (13): Substituted "department of mental health, the department for children and families, and the department of disabilities, aging, and independent living pursuant to the provisions of chapter 43 of Title 33" for "departments of mental health and mental retardation and social and rehabilitation services in accordance with the provisions of chapter 2 of Title 3".

    Amendments--2007. Subdiv. (17): Added.

    Amendments--2005 (Adj. Sess.). Subdiv. (14): Added by Act 127.

    Subdiv. (15): Added by Act 158.

    Subdiv. (16): Added by Act 214.

    Amendments--1999 (Adj. Sess.). Subdiv. (9): Made technical changes in the first sentence and added the second sentence.

    Amendments--1991 Subdiv. (11): Substituted "independent schools" for "academies" following "districts or" and preceding "to achieve".

    Subdiv. (12): Substituted "independent" for "private" preceding "schools".

    Amendments--1989 (Adj. Sess.) Subdiv. (13): Inserted "and mental retardation" following "mental health".

    Amendments--1987 (Adj. Sess.) Subdiv. (13): Added.

    Amendments--1977 (Adj. Sess.) Subdiv. (12): Added.

    § 213. Deputy secretaries.

    The Secretary shall employ such number of deputy secretaries as he or she deems necessary.

    Added 1969, No. 298 (Adj. Sess.), § 26; amended 2013, No. 92 (Adj. Sess.), § 29, eff. Feb. 14, 2014.

    History

    Amendments--2013 (Adj. Sess.). Rewrote the section.

    § 214. Repealed. 1997, No. 163 (Adj. Sess.), § 5.

    History

    Former § 214. Former § 214, relating to access to criminal records, was derived from 1991, No. 159 (Adj. Sess.), § 6, and amended by 1995, No. 170 (Adj. Sess.), § 25 and 1997, No. 59 , § 86. The subject matter is now covered by subchapter 4 of this chapter.

    § 215. Challenge to Excellence grants.

    1. Purpose and findings.  It is a goal of the General Assembly to promote quality education for every Vermont child and to create an opportunity for every Vermont student to achieve his or her personal best, while respecting divergent student goals and personal learning styles and abilities. The General Assembly finds that a school's climate for learning is improved when parents, community members, and business leaders actively participate in promoting educational opportunities for every student. Further, it is the compassion and innovation of individual teachers and school personnel that often create the impetus for students to achieve excellence in education.
    2. The Secretary shall establish and implement a Challenge to Excellence Grant Program for the purpose of promoting quality education for Vermont students. Eligible applicants include Vermont public schools, including regional career technical centers, and Vermont supervisory unions on behalf of a school or schools. All proposals shall be to develop or carry out a comprehensive plan, which may be an action plan pursuant to subdivision 165(a)(1) of this title, to create educational opportunities for each student within the school. Any plan shall be developed with the involvement of parents and other community members, staff, and business representatives, and shall be designed to assist students in meeting State Board and school board standards. Grants shall be for up to $50,000.00 and shall include a 1-1 match from other sources of funding, including grants from businesses, foundations, or other federal or local funding. Priority shall be given to schools that the Secretary finds are having difficulty meeting the quality standards listed in subsection 165(a) of this title or are making insufficient progress in improving student performance in relation to the standards set forth in subdivision 164(9) of this title. Eligible activities include:
      1. a comprehensive planning and goal-setting process to promote a quality education for all students within the school;
      2. activities to carry out a comprehensive plan to promote quality education for students within the school; and
      3. innovative methods to create educational opportunities for students according to a comprehensive plan, including special classes and activities; mentorship; summer institutes on math, science, reading and language arts, social studies, service, the arts, or technology; partnerships for learning with businesses, postsecondary schools, and community organizations; tutorials; programs for at-risk or gifted students; and guidance, peer counseling, and career planning activities.

        Added 1997, No. 60 , § 7, eff. June 26, 1997; amended 2013, No. 92 (Adj. Sess.), § 30, eff. Feb. 14, 2014.

    History

    Amendments--2013 (Adj. Sess.). Section amended generally.

    § 216. Redesignated. 2013, No. 92 (Adj. Sess.), § 5, eff. Feb. 14, 2014.

    History

    Redesignation of § 216. Former § 216, relating to the wellness program, was derived from 2003, No. 161 (Adj. Sess.), § 2 and amended by 2007, No. 154 (Adj. Sess.), § 6 and 2009, No. 135 (Adj. Sess.), § 6. For present provisions, see § 136 of this title.

    Subchapter 2. Superintendents

    § 241. Appointment.

    1. Each supervisory union board, with the advice of the Secretary, may employ a superintendent of schools.
    2. A superintendent shall be employed by written contract for a term not to exceed five years nor less than one year and shall work the number of hours required by contract, performing the duties designated in the contract or assigned by the board. A superintendent of schools may be dismissed for cause or as specified in the contract of employment.
    3. Not later than May 15 of a year in which an incumbent superintendent's contract of employment expires, the supervisory union board shall meet to renew or act otherwise upon the superintendent's contract. If a supervisory union employs a superintendent, the supervisory union board shall specify and assign the duties of a superintendent. If the supervisory union board does not hire a superintendent, the board may assign any duties assigned to the superintendent under this title to the school principal or principals in the supervisory union or to other qualified persons designated by the board.

      Added 1969, No. 298 (Adj. Sess.), § 27; amended 1991, No. 181 (Adj. Sess.), § 1; 1995, No. 185 (Adj. Sess.), § 82, eff. Jan. 1, 1998; 2013, No. 92 (Adj. Sess.), § 31, eff. Feb. 14, 2014.

    History

    Amendments--2013 (Adj. Sess.). Subsec. (a): Deleted "or supervisory district" preceding "board".

    Amendments--1995 (Adj. Sess.) Subsec. (a): Substituted "may employ" for "shall employ".

    Subsec. (b): Rewrote the first sentence and substituted "a superintendent" for "the superintendent" and inserted "or" preceding "as specified" in the second sentence.

    Subsec. (c): Added the last sentence.

    Amendments--1991 (Adj. Sess.) Subsec. (a): Inserted "or supervisory district" preceding "board", deleted "and each school board of a school district not within a supervisory union" thereafter and substituted "employ" for "select" following "commissioner, shall".

    Subsec. (b): Deleted "by the board appointing him" following "dismissed" in the second sentence.

    Subsec. (c): Added.

    § 242. Duties of superintendents.

    The superintendent shall be the chief executive officer for the supervisory union board and for each school board within the supervisory union, and shall:

    1. Carry out the policies adopted by the school boards relating to the educational or business affairs of the school district or supervisory union, and develop procedures to do so.
    2. Prepare, for adoption by a local school board, plans to achieve the educational goals and objectives established by the school district.
      1. Nominate a candidate for employment by the school district or supervisory union if the vacant position requires a licensed employee; provided, if the appropriate board declines to hire a candidate, then the superintendent shall nominate a new candidate; (3) (A) Nominate a candidate for employment by the school district or supervisory union if the vacant position requires a licensed employee; provided, if the appropriate board declines to hire a candidate, then the superintendent shall nominate a new candidate;
      2. select nonlicensed employees to be employed by the district or supervisory union; and
      3. dismiss licensed and nonlicensed employees of a school district or the supervisory union as necessary, subject to all procedural and other protections provided by contract, collective bargaining agreement, or provision of State and federal law.
      1. Provide data and information required by the Secretary and by using a format approved by the Secretary to: (4) (A) Provide data and information required by the Secretary and by using a format approved by the Secretary to:
        1. Report budgetary data for the subsequent school year and fiscal year.
        2. Report all financial operations within the supervisory union to the Secretary and State Board for the preceding school year on or before August 15 of each year.
        3. Report all financial operations for each member school district to the Secretary and State Board for the preceding school year on or before August 15 of each year.
      2. Prepare for each district an itemized report detailing the portion of the proposed supervisory union budget for which the district would be assessed for the subsequent school year identifying the component costs by category and explaining the method by which the district's share for each cost was calculated; and provide the report to each district at least 14 days before a budget, including the supervisory union assessment, is voted on by the electorate of the district.
    3. Work with the school boards of the member districts to develop and implement policies regarding minimum and optimal average class sizes for regular and career technical education classes. The policies may be supervisory union-wide, may be course- or grade-specific, and may reflect differences among school districts due to geography or other factors.
    4. Arrange for the provision of the professional training required in subsection 561(b) of this title.
    5. Provide for the general supervision of the public schools in the supervisory union or district.

      Added 2003, No. 36 , § 1; amended 2009, No. 153 (Adj. Sess.), § 10, eff. June 3, 2010; 2009, No. 153 (Adj. Sess.), § 15; 2013, No. 56 , § 12, eff. May 30, 2013; 2013, No. 92 (Adj. Sess.), § 32, eff. Feb. 14, 2014; 2018, No. 11 (Sp. Sess.), § E.500.2.

    History

    2013 (Adj. Sess.) Inserted "career" preceding "technical education" in subdiv. (5) in accordance with 2013, No. 92 (Adj. Sess.), § 302.

    Amendments--2018 (Sp. Sess.) Subdiv. (4): Amended generally.

    Amendments--2013 (Adj. Sess.). Subdiv. (4): Substituted "Secretary" and "State Board" for "commissioner" and "state board" throughout.

    Amendments--2013 Added subdiv. (6) and redesignated former subdiv. (6) as present subdiv. (7).

    Amendments--2009 (Adj. Sess.) Section amended generally.

    Prior law. Former § 242, listing duties of the superintendent, in addition to other duties specifically assigned by law, as chief executive officer for each member school district, was added by 1969, No. 298 (Adj. Sess.), § 27, and amended by 1991, No. 181 (Adj. Sess.), § 2 and previously repealed by 1995, No. 185 (Adj. Sess.), § 84, eff. Jan. 1, 1998.

    § 242a. Internal financial controls.

    1. The superintendent or his or her designee shall annually, on or before December 31, complete and provide to the supervisory union board and to all member district boards a copy of the document regarding internal financial controls made available by the Auditor of Accounts pursuant to 32 V.S.A. § 163(11) .
    2. The supervisory union board shall review the document provided by the superintendent within two months of receiving it.

      Added 2011, No. 155 (Adj. Sess.), § 29.

    Subchapter 3. Principals

    § 243. Appointment; renewal; dismissal.

    1. Appointment.  The school board of each school district operating a school, after recommendation by the superintendent, may designate a person as principal for each public school within the district, except that a principal may be selected to serve more than one school. In the case of a career technical center, only the school board that operates the center may designate a person as director. For purposes of this section, the word "principal" shall include a principal and the director of career technical education, and the term "public school" shall include a career technical center.
    2. Length of contract.  The principal shall be employed by written contract for a term of not less than one year nor more than three years.
    3. Renewal and nonrenewal.  A principal who has been continuously employed for more than two years in the same position has the right either to have his or her contract renewed, or to receive written notice of nonrenewal on or before February 1 of the year in which the existing contract expires. Nonrenewal may be based upon elimination of the position, performance deficiencies, or other reasons. The written notice shall recite the grounds for nonrenewal. If nonrenewal is based on performance deficiencies, the written notice shall be accompanied by an evaluation performed by the superintendent. At its discretion, the school board may allow a period of remediation of performance deficiencies prior to issuance of the written notice. After receiving such a notice, the principal may request in writing, and shall be granted, a meeting with the school board. Such request shall be delivered within 15 days of delivery of notice of nonrenewal, and the meeting shall be held within 15 days of delivery of the request for a meeting. At the meeting, the school board shall explain its position, and the principal shall be allowed to respond. The principal and any member of the board may present written information or oral information through statements of others, and the principal and the board may be represented by counsel. The meeting shall be in executive session unless both parties agree in writing that it be open to the public. After the meeting, the school board shall decide whether or not to offer the principal an opportunity to renew his or her contract. The school board shall issue its decision in writing within five days. The decision of the school board shall be final.
    4. Dismissal.  During the term of a contract, a principal may be dismissed by the board for just and sufficient cause by written notice setting forth the grounds therefor.  The board may provide that its order shall take effect immediately, or following a hearing. In either case, the principal shall be given an opportunity to request in writing a hearing within the 15 days following delivery of the notice.  Within 15 days following receipt of a request for hearing from the principal, the board shall conduct such a hearing.  The clerk of the board shall advise the principal and the superintendent of the time and place of hearing by written notice at least five days before the date of the hearing.  The hearing shall be in executive session unless both parties agree in writing that it be open to the public.  The principal and any member of the board may present witnesses and written evidence and cross-examine witnesses, and the principal and the board may be represented by counsel.  Either the principal or the school board may arrange for the taking of a verbatim record of the proceedings.  After the hearing, the board shall affirm, modify, or reverse its earlier action.  Within five days after the conclusion of evidence in the case, the board shall issue a written decision that includes findings of fact and conclusions of law.  Within 30 days of the day the written decision is delivered, the principal may appeal to the Superior Court under the rules for appeals from decisions in contested cases.
    5. Inclusion in contract.  Every principal's contract shall be deemed to contain the provisions of this section.  Any contract provision to the contrary is without effect.

      Added 1977, No. 133 (Adj. Sess.); amended 1985, No. 164 (Adj. Sess.); 1989, No. 243 (Adj. Sess.), § 1; 1991, No. 204 (Adj. Sess.), § 7; 2017, No. 49 , § 24, eff. May 23, 2017.

    History

    2013 (Adj. Sess.) Inserted "career" preceding "technical center" and "technical education" in subsec. (a) in accordance with 2013, No. 92 (Adj. Sess.), § 302.

    Amendments--2017. Subsec. (c): Substituted "on or before February 1 of the year in which" for "at least 90 days before" following "nonrenewal" in the first sentence.

    Amendments--1991 (Adj. Sess.) Subsec. (a): Substituted "technical" for "vocational" wherever it appeared.

    Amendments--1989 (Adj. Sess.) Subsec. (a): Substituted "after recommendation by the superintendent" for "having requested the recommendation of the superintendent of schools at least 30 days before" preceding "may designate" in the first sentence and added the second sentence.

    Subsec. (b): Substituted "three" for "two" preceding "years".

    Subsec. (c): Amended generally.

    Subsec. (d): Inserted "just and sufficient" preceding "cause" and "by written notice setting forth the grounds therefor" thereafter in the first sentence, and "in writing" following "request", and deleted "or mailing" following "delivery" in the third sentence, substituted "following receipt of" for "of receiving" in the fourth sentence, added the fifth and sixth sentences, inserted "witnesses and written" preceding "evidence" in the seventh sentence, and deleted "mailed or" preceding "delivered" in the eleventh sentence.

    Amendments--1985 (Adj. Sess.) Section amended generally.

    Cross References

    Cross references. Procedures for appeals to Superior Court in contested cases, see V.R.C.P. Rule 74.

    ANNOTATIONS

    Analysis

    1. Dismissal.

    Practically speaking, a school district's course of action in placing plaintiff principal on administrative leave had the same effect as a dismissal: it ended plaintiff's employment relationship with the district in the middle of the school year. The labeling of this action as a "placement on administrative leave" instead of a "dismissal" did not exempt the district from the procedural requirements of plaintiff's contract and the statute governing dismissal of principals. Herrera v. Union No. 39 Sch. Dist., 181 Vt. 198, 917 A.2d 923 (August 4, 2006).

    2. Procedural requirements.

    Defendant school board failed in its contention that plaintiff principal lost his opportunity to appeal the board's decision to place him on administrative leave when he did not file his appeal with the Superior Court within the thirty-day limit imposed by statute. This argument was without merit on its face, as the board did not hold a hearing as required under the statute, and thus, did not issue a written decision pursuant to that section. Herrera v. Union No. 39 Sch. Dist., 181 Vt. 198, 917 A.2d 923 (August 4, 2006).

    Defendant school district failed in its argument that the time limitations of the Vermont Rule of Civil Procedure on review of administrative actions applied to limit plaintiff principal's right to appeal the board's decision to place him on administrative leave. The pleadings contained no statute-of-limitations argument in any form, whether under the statute on dismissal or the civil rule. Thus, plaintiff's action could not be dismissed as untimely filed. Herrera v. Union No. 39 Sch. Dist., 181 Vt. 198, 917 A.2d 923 (August 4, 2006).

    Defendant school district failed in its argument that the board's meeting with plaintiff principal to deal with the subject of nonrenewal of plaintiff's contract provided plaintiff with the process he was entitled to under his contract and the statute on dismissal. A meeting on a different subject, conducted according to looser procedural requirements, measured according to a more deferential decision-making standard, and subject to less rigorous review, if any, was not sufficient to excuse the district from providing the hearing plaintiff was entitled to under his contract and the applicable statute. The district's failure to provide that hearing was a breach of plaintiff's contract. Herrera v. Union No. 39 Sch. Dist., 181 Vt. 198, 917 A.2d 923 (August 4, 2006).

    3. Interim principals.

    Even if a court could vacate an arbitration award on the ground that it manifestly disregarded the law, the arbitrator here had not manifestly disregarded the law, as the collective bargaining agreement contained no clear statement to the effect that acting or interim administrators were entitled to the full tenure protections of non-interim administrators and the union had not cited any controlling law establishing that the statute concerning school principals extended its job protections to people hired as acting or interim principals. Burlington Administrators' Ass'n v. Burlington Bd. of Sch. Comm'rs, 201 Vt. 565, 145 A.3d 844 (2016).

    § 244. Duties of principals.

    1. The principal shall perform all duties specifically assigned by law or by the superintendent of the school district including the administration of policies adopted by the school board.  The principal shall be answerable to the superintendent in the performance of his or her duties.
    2. Without the approval of the State Board, secondary school principals shall not be charged with supervisory responsibility outside the secondary school.

      Amended 1983, No. 119 (Adj. Sess.), § 1; 1987, No. 228 (Adj. Sess.), § 4; 2013, No. 92 (Adj. Sess.), § 33, eff. Feb. 14, 2014.

    History

    Amendments--2013 (Adj. Sess.). Subsec. (b): Substituted "State Board, secondary" for "state board of education, high" preceding "schools" and "the secondary" for "of the high" preceding "school".

    Amendments--1987 (Adj. Sess.) Designated the existing provisions of the section as subsec. (a), inserted "or her" preceding "duties" in the second sentence of that subsec., and added subsec. (b).

    § 245. Principals; technical center directors; mentoring.

    1. When a school district hires a principal or a career technical center director who has not been employed previously in that capacity, the superintendent serving the district, in consultation with the Vermont Principals' Association, shall work to ensure that the new principal or technical center director receives mentoring supports during at least the first two years of employment. Mentoring supports shall be consistent with best practices, research-based approaches, or other successful models, and shall be identified jointly by the Vermont Principals' Association and the Vermont Superintendents Association.
    2. When a school district hires a principal or career technical center director identified in subsection (a) of this section, the district shall allocate sufficient funds annually in the first two years of employment toward the cost of providing the mentoring supports from one or more of the following sources:
      1. funds allocated by the district for professional development;
      2. grant monies obtained for the purpose of providing mentoring supports;
      3. State funds appropriated for the purpose of providing mentoring supports; or
      4. other sources.
    3. This section shall not be interpreted to prohibit or discourage a superintendent from working to ensure that any administrator other than those identified in subsection (a) of this section receives mentoring supports.

      Added 2011, No. 20 , § 1, eff. May 11, 2011.

    History

    2013 (Adj. Sess.). Inserted "career" preceding "technical center" in subsecs. (a) and (b) in accordance with 2013, No. 92 (Adj. Sess.), § 302.

    Applicability of section. 2011, No. 20 provides: "Sec. 1 of this act, which enacted this code section, shall apply to new contracts for employment for the 2012-2013 academic year and after."

    Subchapter 4. Access to Criminal Records

    History

    Application to existing long-term employees. 1997, No. 163 (Adj. Sess.), § 4 provides: "Any person employed by a school district or independent school on passage of this act shall not be subject to the provisions of this act. However, if the individual does not work for a Vermont school district or independent school for a continuous period of one year or more, the person shall become subject to the provisions of this act."

    § 251. Policy.

    It is the policy of the State of Vermont to use criminal record checks to deter abuse and exploitation of school children and to do so in a manner that protects, as much as is practicable, the privacy of those subject to such checks.

    Added 1997, No. 163 (Adj. Sess.), § 1.

    § 252. Definitions.

    As used in this subchapter:

    1. "Criminal record" means the record of:
      1. convictions in Vermont, including whether any of the convictions is an offense listed in 13 V.S.A. § 5401(10) (sex offender definition for registration purposes); and
      2. convictions in other jurisdictions recorded in other state repositories or by the Federal Bureau of Investigation (FBI).
    2. "School board" means the board of school directors of a school district or its equivalent in any independent school.
    3. "School district" means, unless the context otherwise clearly requires, a school district or a supervisory union.
    4. "Unsupervised" means not in the presence of a responsible adult in the employ of or under the direction of the independent school or school district.
    5. "User agreement" means an agreement between the Vermont Crime Information Center and a party requesting and receiving criminal record information that requires the party to comply with all federal and State laws, rules, regulations, and policies regulating the release of criminal record information and the protection of individual privacy.

      Added 1997, No. 163 (Adj. Sess.), § 1; amended 2005, No. 54 , § 17; 2009, No. 1 , § 6b; 2009, No. 1 08 (Adj. Sess.), § 2.

    History

    2014. Replaced "Criminal" with "Crime" in subdiv. (5) in light of 2013, No. 119 (Adj. Sess.).

    Amendments--2009 (Adj. Sess.) Subdiv. (1)(B): Amended generally.

    Amendments--2009. Subdiv. (1)(A): Inserted ", including whether any of the convictions is an offense listed in 13 V.S.A. § 5401(10) (sex offender definition for registration purposes)" following "Vermont".

    Amendments--2005 Subdiv. (1)(B)(viii): Substituted "selling or dispensing" for "delivery or sale to minors: selling on school grounds" and inserted "4235a(b)".

    § 253. Confidentiality of records.

    1. Criminal records and criminal record information received under this subchapter are designated confidential unless, under State or federal law or regulation, the record or information may be disclosed to specifically designated persons.
    2. The Secretary, a superintendent, or a headmaster may disclose criminal records and criminal record information received under this subchapter to a qualified entity upon request, provided that the qualified entity has signed a user agreement and received authorization from the subject of the record request. As used in this section, "qualified entity" means an individual, organization, or governmental body doing business in Vermont that has one or more individuals performing services for it within the State and that provides care or services to children, persons who are elders, or persons with disabilities as defined in 42 U.S.C. § 5119c .
    3. In accordance with 21 V.S.A. § 306 , a board member, superintendent, or headmaster shall not enter into on behalf of a supervisory union, school district, or recognized or approved independent school a confidential employment separation agreement that inhibits the disclosure to prospective employers and responsible licensing entities of factual information about a prospective employee's background that would lead a reasonable person to conclude that the prospective employee has engaged in conduct jeopardizing the safety of a minor. Notwithstanding any provision of law to the contrary under 33 V.S.A. chapter 49, a board member, superintendent, or headmaster and employees of a supervisory union, school district, or recognized or approved independent school shall provide factually correct information concerning a former employee's employment record with the supervisory union, school district, or recognized or approved independent school to a prospective employer of that individual if requested by the prospective employer. Nothing in this subsection shall permit the disclosure of information that is prohibited from disclosure by subsection (b) of this section. Notwithstanding any provision of law to the contrary, a person shall not be subject to civil or criminal liability for disclosing information that is required by this section to be disclosed if the person was acting in good faith. This immunity from liability shall not apply when the information supplied by a person is knowingly false or rendered with a malicious purpose.

      Added 1997, No. 163 (Adj. Sess.), § 1; amended 2013, No. 56 , § 7c, eff. May 30, 2013; 2018, No. 5 (Sp. Sess.), § 2, eff. June 19, 2018.

    History

    Reference in text. 42 U.S.C. § 5119c, relating to the definition for providing care or services to children, persons who are elders, or persons with disabilities, referred to in subsec. (b), was transferred. For present provisions, see 34 U.S.C. § 40104.

    Amendments--2018 (Sp. Sess.). Subsec. (c): Added.

    Amendments--2013 Added the subsec. (a) designation and added subsec. (b).

    § 254. Educator licensure; employment of superintendents.

    1. The Secretary shall sign and keep a user agreement with the Vermont Crime Information Center.
    2. The Secretary shall request and obtain from the Vermont Crime Information Center the criminal record for any person applying for an initial license as a professional educator or for reinstatement of a license that has lapsed pursuant to subdivision 256(a)(1)(C) of this title or for any person who is offered a position as superintendent of schools in Vermont.
    3. A request made under subsection (b) of this section shall be accompanied by a release signed by the person on a form provided by the Vermont Crime Information Center, a set of the person's fingerprints, and a fee established by the Vermont Crime Information Center that shall reflect the cost of obtaining the record. The fee shall be paid by the applicant. The release form to be signed by the applicant shall include a statement informing the applicant of:
      1. the right to challenge the accuracy of the record by appealing to the Vermont Crime Information Center pursuant to rules adopted by the Commissioner of Public Safety; and
      2. the Secretary of Education's policy regarding maintenance and destruction of records and the person's right to request that the record or notice be maintained for purposes of using it to comply with future criminal record check requests made pursuant to section 256 of this title.
    4. Upon completion of a criminal record check required by subsection (b) of this section, the Vermont Crime Information Center shall send to the Secretary either a notice that no record exists or a copy of the record. If a copy of a criminal record is received, the Secretary shall forward it to the person and shall inform the person in writing of:
      1. the right to challenge the accuracy of the record by appealing to the Vermont Crime Information Center pursuant to rules adopted by the Commissioner of Public Safety; and
      2. the Secretary of Education's policy regarding maintenance and destruction of records and the person's right to request that the record or notice be maintained for purposes of using it to comply with future criminal record check requests made pursuant to section 256 of this title.
    5. The Secretary shall request and obtain information from the Child Protection Registry maintained by the Department for Children and Families and from the Vulnerable Adult Abuse, Neglect, and Exploitation Registry maintained by the Department of Disabilities, Aging, and Independent Living (collectively, the Registries) for any person for whom a criminal record check is required under subsection (b) of this section and shall request updated information for any person seeking renewal of a professional educator's license. The Departments for Children and Families and of Disabilities, Aging, and Independent Living shall adopt rules governing the process for obtaining information from the Registries and for disseminating and maintaining records of that information under this subsection. A person denied a license based upon information acquired under this subsection may appeal the decision pursuant to subsection 1696(f) of this title.
    6. A person convicted of a sex offense that requires registration pursuant to 13 V.S.A. chapter 167, subchapter 3 shall not be eligible for an initial license as a professional educator, renewal of a license, reinstatement of a lapsed license, or employment as a superintendent of schools in Vermont under this section.

      Added 1997, No. 163 (Adj. Sess.), § 1; amended 2005, No. 182 (Adj. Sess.), § 18; 2009, No. 1 , § 4, eff. Dec. 31, 2010; 2013, No. 56 , § 6, eff. May 30, 2013; 2013, No. 119 (Adj. Sess.), § 12.

    History

    2009. Subsec. (b), as amended by 2009, No. 1 , § 4, effective December 31, 2010, contained a reference to "subdivision (a)(3) of this title" but was changed to "subdivision (a)(1)(C) of this title" to conform reference to section 256 as it would appear on December 31, 2010.

    Amendments--2013 (Adj. Sess.). Substituted "Crime Information Center" for "Criminal Information Center" throughout the section.

    Amendments--2013 Subsec. (e): Substituted "Secretary" for "commissioner" and inserted "and shall request updated information for any person seeking renewal of a professional educator's license" following "section".

    Amendments--2009. Subsec. (b): Inserted "or for reinstatement of a license that has lapsed pursuant to subdivision 256(a)(3) of this title" following "educator".

    Subsec. (c): Inserted "subsection (b) of" preceding "this section".

    Subdiv. (c)(2): Substituted "commissioner of education's" for "commissioner's" preceding "policy".

    Subsec. (d): Inserted "required by subsection (b) of this section" following "check".

    Subdiv. (d)(2): Substituted "commissioner of education's" for "commissioner's" preceding "policy".

    Subsecs. (e), (f): Added.

    Amendments--2005 (Adj. Sess.). Subsec. (c): Made a minor change in punctuation in the first sentence, and added the third sentence and subdivs. (1) and (2).

    Subsec. (d): Added "If a copy of a criminal record is received" preceding "the commissioner" and substituted "it" for "a copy of the notice or record received" in the second sentence of the introductory paragraph and made a minor change in punctuation in subdiv. (1).

    § 255. Public and independent school employees; contractors.

    1. Superintendents, headmasters of recognized or approved independent schools, and their contractors shall request criminal record information for the following:
      1. the person a superintendent or headmaster is prepared to recommend for any full-time, part-time, or temporary employment;
      2. any person directly under contract to an independent school or school district who may have unsupervised contact with school children;
      3. any employee of a contractor under contract to an independent school or school district who is in a position that may result in unsupervised contact with school children;
      4. any student working toward a degree in teaching who is a student teacher in a school within the superintendent's or headmaster's jurisdiction.
    2. After signing a user agreement, a superintendent or a headmaster shall make a request directly to the Vermont Crime Information Center. A contractor shall make a request through a superintendent or headmaster.
    3. A request made under subsection (b) of this section shall be accompanied by a set of the person's fingerprints and a fee established by the Vermont Crime Information Center that shall reflect the cost of obtaining the record from the FBI. The fee shall be paid in accordance with adopted school board policy.
      1. Upon completion of a criminal record check, the Vermont Crime Information Center shall send to the superintendent a notice that no record exists or, if a record exists, a copy of any criminal record. (d) (1)  Upon completion of a criminal record check, the Vermont Crime Information Center shall send to the superintendent a notice that no record exists or, if a record exists, a copy of any criminal record.
      2. Upon completion of a criminal record check, the Vermont Crime Information Center shall send to the headmaster a notice that no record exists or, if a record exists:
        1. A copy of Vermont criminal convictions.
        2. A notice of any criminal record that is located in either another state repository or FBI records, but not a record of the specific convictions. However, if there is a record relating to any crimes of a sexual nature involving children, the Vermont Crime Information Center shall send this record to the Secretary who shall notify the headmaster in writing, with a copy to the person about whom the request was made, that the record includes one or more convictions for a crime of a sexual nature involving children.
    4. Information received by a superintendent or headmaster under subsection (d) of this section shall be forwarded as follows:
      1. In the case of a request other than one made on behalf of a contractor, the superintendent or headmaster shall forward a copy of the information to the person about whom the request was made.
      2. In the case of a request made on behalf of a contractor, the superintendent or headmaster shall inform the contractor in writing either that no record exists or that a record does exist but shall not reveal the content of the record to the contractor. The contractor shall then forward a copy of the information received to the person about whom the request was made.
    5. Information sent to a person by the Secretary, a headmaster, a superintendent, or a contractor under subsection (e) of this section shall be accompanied by a written notice of the person's rights under subsection (g) of this section, a description of the policy regarding maintenance and destruction of records, and the person's right to request that the notice of no record or record be maintained for purposes of using it to comply with future criminal record check requests pursuant to section 256 of this title.
      1. Following notice that a headmaster was notified that a criminal record that is located in either another state repository or FBI records exists, a person may: (g) (1)  Following notice that a headmaster was notified that a criminal record that is located in either another state repository or FBI records exists, a person may:
        1. sign a form authorizing the Vermont Crime Information Center to release a detailed copy of the criminal record to the person; or
        2. decline or resign employment.
      2. Any person subject to a criminal record check pursuant to this section may challenge the accuracy of the record by appealing to the Vermont Crime Information Center pursuant to rules adopted by the Commissioner of Public Safety.
    6. A superintendent or headmaster shall request and obtain information from the Child Protection Registry maintained by the Department for Children and Families and from the Vulnerable Adult Abuse, Neglect, and Exploitation Registry maintained by the Department of Disabilities, Aging, and Independent Living (collectively, the Registries) for any person for whom a criminal record check is required under subsection (a) of this section. The Department for Children and Families and the Department of Disabilities, Aging, and Independent Living shall adopt rules governing the process for obtaining information from the Registries and for disseminating and maintaining records of that information under this subsection.
    7. A person convicted of a sex offense that requires registration pursuant to 13 V.S.A. chapter 167, subchapter 3 shall not be eligible for employment under this section.
    8. The board of trustees of a recognized or approved independent school shall request a criminal record check and a check of the Registries pursuant to the provisions of this section prior to offering employment to a headmaster.
    9. The requirements of this section shall not apply to superintendents and headmasters with respect to persons operating or employed by a child care facility, as defined under 33 V.S.A. § 3511 , that provides prekindergarten education pursuant to section 829 of this title and that is required to be licensed by the Department for Children and Families pursuant to 33 V.S.A. § 3502 . Superintendents and headmasters are not prohibited from conducting a criminal record check as a condition of hiring an employee to work in a child care facility that provides prekindergarten education operated by the school.
    10. The requirements of this section shall not apply with respect to a school district's partners in any program authorized or student placement created by chapter 23, subchapter 2 of this title; provided, however, that superintendents are not prohibited from requiring a fingerprint-supported record check pursuant to district policy with respect to its partners in such programs.

      Added 1997, No. 163 (Adj. Sess.), § 1; amended 2009, No. 1 , § 5, eff. Dec. 31, 2010; 2009, No. 1 08 (Adj. Sess.), § 3; 2011, No. 31 , § 3, eff. May 17, 2011; 2013, No. 92 (Adj. Sess.), § 35, eff. Feb. 14, 2014; 2013, No. 119 (Adj. Sess.), § 13; 2017, No. 49 , § 34, eff. May 23, 2017.

    History

    2013 (Adj. Sess.). The text of this section is based on the harmonization of two amendments. During the 2013 (Adj. Sess.), this section was amended twice, by Act Nos. 92 and 119, resulting in two versions of this section. In order to reflect all of the changes enacted by the Legislature during the 2013 (Adj. Sess.), the text of Act Nos. 92 and 119 was merged to arrive at a single version of this section. The changes that each of the amendments made are described in the amendment notes set out below.

    Amendments--2017. Subsecs. (k), ( l ): Added.

    Amendments--2013 (Adj. Sess.). Act No. 92 made technical changes throughout the section.

    Act No. 119 substituted "Crime Information Center" for "criminal information center" and made other technical amendments throughout the section.

    Amendments--2011. Subsec. (a): Deleted "Vermont" following "approved".

    Subdiv. (a)(3): Inserted "who is" following "district".

    Subsec. (c): Inserted "subsection (b) of" preceding "this section".

    Subsecs. (h)-(j): Added (restored).

    Amendments--2009 (Adj. Sess.) Subsec. (d): Amended generally.

    Subsec. (f): Substituted "subsection (e)" for "subsections (d)(3) and (e)".

    Subsec. (g): Amended generally.

    Amendments--2009. Section amended generally and subsecs. (h)-(j) added.

    § 256. Continued validity of criminal record check; maintenance of records.

      1. Anyone required to request a criminal record check under this subchapter about a person who previously has undergone a check, regardless of whether the check was for student teaching, licensure, or employment purposes, shall comply with that requirement by acquiring the results of the previous criminal record check unless: (a) (1)  Anyone required to request a criminal record check under this subchapter about a person who previously has undergone a check, regardless of whether the check was for student teaching, licensure, or employment purposes, shall comply with that requirement by acquiring the results of the previous criminal record check unless:
        1. the person refuses to authorize release of the information;
        2. the record no longer exists;
        3. since the record check, there has been a period of one year or more during which the person has not worked for a Vermont school district or a recognized or an approved independent school; or
        4. as otherwise required by this chapter.
      2. Anyone required to request a criminal record check under this subchapter about a person who has previously undergone a check may request a name and date of birth or fingerprint-supported recheck of the criminal record at any time during the course of the record subject's employment in the capacity for which the original check was required. Rechecking criminal records may be accomplished through a subscription service.
    1. A superintendent or headmaster who receives criminal record or registry information under this subchapter shall maintain the record or information pursuant to the user agreement for maintenance of records. At the end of the time required by the user agreement for maintenance of the information, the superintendent or headmaster shall destroy the information in accordance with the user agreement unless the person authorizes maintenance of the record. If authorized by the person, the superintendent or headmaster shall:
      1. if the information is a notice of no criminal record, securely maintain the information indefinitely; or
      2. if the information is a criminal record or notice of the existence of a criminal record, send it to the Secretary for secure maintenance in a central records repository.
    2. Upon authorization by the person, the Secretary shall release information maintained in the central records repository to a requesting superintendent or, in the case of a requesting headmaster, to the person. The Secretary shall maintain the notice or record in the repository at least until the person ceases working for a Vermont school district or independent school for a period of one year or more or until the person requests that the record be destroyed.
    3. The State Board may adopt rules regarding maintenance of records.

      Added 1997, No. 163 (Adj. Sess.), § 1; amended 2009, No. 1 , § 6, eff. Dec. 31, 2010; 2013, No. 56 , § 7, eff. May 30, 2013; 2013, No. 92 (Adj. Sess.), § 36, eff. Feb. 14, 2014.

    History

    Amendments--2013 (Adj. Sess.). Section amended generally.

    Amendments--2013. Subdiv. (a)(1): Deleted "and a check of the child protection and the vulnerable adult abuse, neglect, and exploitation registries" following "record" and substituted "a check" for "one or both checks" following "undergone".

    Amendments--2009. Section amended generally.

    § 257. Fees for fingerprinting; fingerprint fee special fund.

    State, county, and municipal law enforcement agencies may charge a fee of up to $15.00 for providing applicants or other individuals with a set of classifiable fingerprints as required by this subchapter. No fee shall be charged to retake fingerprints determined by the Vermont Crime Information Center not to be classifiable. Fees collected by the State of Vermont under this section shall be credited to the Fingerprint Fee Special Fund established and managed pursuant to 32 V.S.A. chapter 7, subchapter 5, and shall be available to the Department of Public Safety to offset the costs of providing these services.

    Added 1997, No. 163 (Adj. Sess.), § 1.

    History

    2014. Replaced "Criminal" with "Crime" in light of 2013, No. 119 (Adj. Sess.).

    § 258. Notice; license applications; job applications; employees.

    1. Each application for an initial teaching license shall contain a statement that the applicant will be required to undergo a criminal record check, including an FBI fingerprint record check, and that receipt of the license may be dependent upon the results of the check.
    2. Each job application provided by a school district or independent school shall contain a statement that, if the superintendent or headmaster is prepared to recommend the person for a job, the applicant will be required to undergo a criminal record check, including an FBI fingerprint record check, and that employment may be dependent upon the results of the check.

      Added 1997, No. 163 (Adj. Sess.), § 1.

    § 259. Penalties; remedy.

    1. A person who, without authorization, discloses criminal record check information received under this subchapter shall be fined not more than $2,000.00. Each unauthorized disclosure shall constitute a separate violation.
    2. A person who suffers damages as a result of willful unauthorized disclosure of criminal record check information received under this subchapter may recover those damages together with reasonable attorney's fees in a civil action.
    3. In addition to any other penalties described in this section, the Secretary may initiate a review of the professional licensure of any person who willfully discloses criminal record check information received under this subchapter.

      Added 1997, No. 163 (Adj. Sess.), § 1; amended 2013, No. 92 (Adj. Sess.), § 37, eff. Feb. 14, 2014.

    History

    Amendments--2013 (Adj. Sess.). Subsec. (c): Substituted "Secretary" for "commissioner" and "willfully" for "wilfully" preceding "discloses".

    § 260. School board policies.

    Each school board shall adopt a policy on supervision of volunteers and work study students. Policies shall require that superintendents, headmasters of recognized or approved independent schools, and their contractors check the names and birth dates of any work study students with the Vermont Internet Sex Offender Registry prior to allowing work study students unsupervised contact with schoolchildren. A person who is on the Registry shall not be eligible to be a work study student.

    Added 1997, No. 163 (Adj. Sess.), § 1; amended 2009, No. 1 , § 7b, eff. March 4, 2009; 2013, No. 92 (Adj. Sess.), § 38, eff. Feb. 14, 2014.

    History

    Amendments--2013 (Adj. Sess.). Deleted ", by July 1, 1999," preceding "adopt"; inserted "independent" preceding "schools" and substituted "the Registry" for "the Vermont Internet sex offender registry" preceding "shall".

    Amendments--2009. Added the second and third sentences.

    CHAPTER 7. SUPERVISORY UNIONS

    Subchapter 1. Generally

    § 261. Organization and adjustment of supervisory unions.

    1. The State Board shall review on its own initiative or when requested as per subsection (b) of this section and may regroup the supervisory unions of the State or create new supervisory unions in such manner as to afford increased efficiency or greater convenience and economy and to facilitate prekindergarten through grade 12 curriculum planning and coordination as changed conditions may seem to require.
      1. Any school district that has so voted at its annual school district meeting, if said meeting has been properly warned regarding such a vote, may request that the State Board adjust the existing boundaries of the supervisory union of which it is a member district. (b) (1)  Any school district that has so voted at its annual school district meeting, if said meeting has been properly warned regarding such a vote, may request that the State Board adjust the existing boundaries of the supervisory union of which it is a member district.
      2. Any group of school districts that have so voted at their respective annual school district meeting, regardless of whether the districts are members of the same supervisory union, may request that the State Board adjust existing supervisory union boundaries and move one or more nonrequesting districts to a different supervisory union if such adjustment would assist the requesting districts to realign their governance structures into a unified union school district pursuant to chapter 11 of this title.
      3. The State Board shall act on a request made pursuant to this subsection within 75 days of receipt of the request and may regroup the school districts in the area so as to ensure reasonable supervision of all of these public schools.
    2. The State Board may designate any school district, including a unified union district, as a supervisory district if it will provide for the education of all resident students in prekindergarten through grade 12 and is large enough to support the planning and administrative functions of a supervisory union.
    3. Upon application by a supervisory union board, the State Board may waive any requirements of chapter 5 or 7 of this title with respect to the supervisory union board structure, board composition, or board meetings, or the staffing pattern of the supervisory union, if it can be demonstrated that such a waiver will result in efficient and effective operations of the supervisory union; will not result in any disproportionate representation; and is otherwise in the public interest.

      Amended 1987, No. 228 (Adj. Sess.), § 3; 1991, No. 181 (Adj. Sess.), § 3; 2015, No. 46 , § 41, eff. June 2, 2015; 2017, No. 49 , § 14, eff. May 23, 2017; 2019, No. 131 (Adj. Sess.), § 57.

    History

    Source. 1955, No. 190 . V.S. 1947, § 4196. 1935, No. 86 , § 7.

    Revision note. In subsec. (a), substituted "subsection (b) of this section" for "(b) below" following "requested as per" to conform reference to V.S.A. style.

    Amendments--2019 (Adj. Sess.). Subdiv. (b)(3): Substituted "in" for "of" following "districts", inserted "of these" and deleted "therein" at the end.

    Amendments--2017. Subdiv. (b)(3): Substituted "act on a request" for "give timely consideration to requests" following "shall" and inserted "within 75 days of receipt of the request" following "subsection".

    Amendments--2015. Subsec. (a): Substituted "prekindergarten through grade 12" for "K-12" following "and to facilitate" near the end of the sentence.

    Subsec. (b): Amended generally.

    Subsec. (c): Substituted "provide for the education of all resident students in prekindergarten through grade 12" for "offer schools in grades K-12" following "supervisory district if it will" near the middle of the sentence.

    Amendments--1991 (Adj. Sess.) Subsec. (d): Added.

    Amendments--1987 (Adj. Sess.) Subsec. (a): Amended generally.

    Subsec. (b): Rewrote the second sentence.

    Subsec. (c): Amended generally.

    Supervisory district configuration; grandfathering. 2005, No. 115 (Adj. Sess.), § 1, provides: "Notwithstanding 16 V.S.A. § 261, a school district which offers schools in grades K-8 and was designated as a supervisory district prior to January 1, 2006 may remain a supervisory district."

    ANNOTATIONS

    Cited. , 1954-56 Op. Atty. Gen. 88, 1962-64 Op. Atty. Gen. 86.

    § 261a. Duties of supervisory union board.

    1. Duties.  The board of each supervisory union shall:
      1. Establish a supervisory union-wide curriculum, by either developing the curriculum or assisting the member districts to develop it jointly, and ensure implementation of the curriculum. The curriculum shall meet the requirements adopted by the State Board under subdivision 165(a)(3)(B) of this title.
      2. Assist each school in the supervisory union to follow the curriculum as adopted under the requirements of the State Board pursuant to subdivision 165(a)(3)(B) of this title.
      3. If students residing in the supervisory union receive their education outside the supervisory union, periodically review the compatibility of the supervisory union's curriculum with those other schools.
      4. In accordance with criteria established by the State Board, establish and implement a plan for receiving and disbursing federal and State funds distributed by the Agency of Education, including funds awarded under P.L. 89-10, the Elementary and Secondary Education Act of 1965 as amended.
      5. Provide professional development programs or arrange for the provision of them, or both, for teachers, administrators, and staff within the supervisory union, which may include programs offered solely to one school or other component of the entire supervisory union to meet the specific needs or interests of that component; a supervisory union has the discretion to provide financial assistance outside the negotiated agreements for teachers' professional development activities.
      6. Provide special education services on behalf of its member districts and, except as provided in section 43 of this title, compensatory and remedial services, and provide or coordinate the provision of other educational services as directed by the State Board or local boards; provided, however, if a supervisory union determines that services would be provided more efficiently and effectively in whole or in part at the district level, then it may ask the Secretary to grant it a waiver from this provision.
      7. Employ a person or persons qualified to provide financial and student data management services for the supervisory union and the member districts.
      8. Provide the following services for the benefit of member districts in a manner that promotes the efficient use of financial and human resources, which shall be provided pursuant to joint agreements under section 267 of this title whenever feasible; provided, however, if a supervisory union determines that services would be provided more efficiently and effectively in another manner, then it may ask the Secretary to grant it a waiver from this subdivision:
        1. manage a system to procure and distribute goods and operational services;
        2. manage construction projects;
        3. provide financial and student data management services, including grant writing and fundraising as requested;
        4. negotiate with teachers and administrators, pursuant to chapter 57 of this title, and with other school personnel, pursuant to 21 V.S.A. chapter 22, at the supervisory union level, provided that:
          1. contract terms may vary by district; and
          2. contracts may include terms facilitating arrangements between or among districts to share the services of teachers, administrators, and other school personnel;
        5. provide transportation or arrange for the provision of transportation, or both, in any districts in which it is offered within the supervisory union;
        6. provide human resources management support; and
        7. provide other appropriate services according to joint agreements pursuant to section 267 of this title.
      9. [Repealed.]
      10. Submit to the board of each member school district, on or before January 15 of each year, a summary report of financial operations of the supervisory union for the preceding school year, an estimate of its financial operations for the current school year, and a preliminary budget for the supervisory union for the ensuing school year. This requirement shall not apply to a supervisory district. For each school year, the report shall show the actual or estimated amount expended by the supervisory union for special education-related services, including:
        1. a breakdown of that figure showing the amount paid by each school district within the supervisory union; and
        2. a summary of the services provided by the supervisory union's use of the expended funds;
      11. On or before June 30 of each year, adopt a budget for the ensuing school year.
      12. Adopt supervisory union-wide truancy policies consistent with the model protocols developed by the Secretary.
      13. -(17) [Repealed.]
    2. Virtual merger.  In order to promote the efficient use of financial and human resources, and whenever legally permissible, supervisory unions are encouraged to reach agreements with other supervisory unions jointly to provide any service or perform any duty under this section pursuant to section 267 of this title. Agreements between supervisory unions are not subject to the waiver requirement of subdivision (a)(8) of this section. Agreements shall include a cost-benefit analysis outlining the projected financial savings or enhanced outcomes, or both, that the parties expect to realize through shared services or programs.
    3. Noncompliance; tax rate increase.  After notice to the boards of a supervisory union and its member districts, the opportunity for a period of remediation, and the opportunity for a hearing, if the Secretary determines that a supervisory union or any one of its member districts is failing to comply with any provision of subsection (a) of this section, then the Secretary shall notify the board of the supervisory union and the board of each of its member districts that the education property tax rates for nonhomestead and homestead property shall be increased by five percent in each district within the supervisory union and the household income percentage shall be adjusted accordingly in the next fiscal year for which tax rates will be calculated. The districts' actual tax rates shall be increased by five percent, and the household income percentage adjusted, in each subsequent fiscal year until the fiscal year following the one in which the Secretary determines that the supervisory union and its districts are in compliance. If the Secretary determines that the failure to comply with the provisions of subsection (a) of this section is solely the result of the actions of the board of one member district, then the tax increase in this subsection (c) shall apply only to the tax rates for that district. Subject to V.R.C.P. 75, the Secretary's determination shall be final.

      Added 1987, No. 228 (Adj. Sess.), § 5; amended 1989, No. 202 (Adj. Sess.), § 1; 1989, No. 230 (Adj. Sess.), § 25; 1991, No. 181 (Adj. Sess.), §§ 4, 5; 1995, No. 185 (Adj. Sess.), § 83, eff. Jan. 1, 1998; 2001, No. 8 , § 3; 2003, No. 36 , § 2; 2003, No. 114 (Adj. Sess.), § 2; 2009, No. 44 , §§ 2, 47, eff. May 21, 2009; 2009, No. 153 (Adj. Sess.), § 9, eff. June 3, 2010; 2011, No. 129 (Adj. Sess.), § 2, eff. May 11, 2012; 2011, No. 129 (Adj. Sess.), § 18, eff. July 1, 2013; 2013, No. 92 (Adj. Sess.), § 39, eff. Feb. 14, 2014; 2015, No. 46 , § 39, eff. July 1, 2016; 2019, No. 131 (Adj. Sess.), § 58.

    History

    Reference in text. The Elementary and Secondary Education Act of 1965, referred to in this section, was codified as 20 U.S.C. § 241a et seq., and was repealed by Pub. L. 95-561, Title I, § 101(c), 92 Stat. 2200. For 2004 provisions relating to federal aid to elementary and secondary schools, see 20 U.S.C. § 6301 et seq.

    2019. In subsec. (c), substituted "nonresidential" with "nonhomestead" in the first sentence in accordance with 2019, No. 46 , § 2, effective January 1, 2020.

    - 2013 (Adj. Sess.). Replaced "department of education" with "Agency of Education" in subdiv. (a)(4) in accordance with 2013, No. 92 (Adj. Sess.), § 302. Replaced "144b" with "43" in subdiv. (a)(6) to reflect redesignation of § 144b as § 43.

    Amendments--2019 (Adj. Sess.). Subsec. (c): Inserted "Noncompliance; tax rate increase." and substituted "V.R.C.P." for "Vermont Rule of Civil Procedure" in the last sentence.

    Amendments--2015. Subsec. (c): Added.

    Amendments--2013 (Adj. Sess.). Substituted "Secretary" for "commissioner" throughout the section.

    Amendments--2011 (Adj. Sess.) Subdiv. (a)(7): Added "and the member districts" following "the supervisory union".

    Subdiv. (a)(10): Substituted "submit to the board of each member school district" for "submit to the town auditors of each member school district or to the person authorized to perform the duties of an auditor for the school district" in the introductory paragraph.

    Amendments--2009 (Adj. Sess.) Section amended generally.

    Amendments--2009. Subdiv. (10): Added "or to the person authorized to perform the duties of an auditor for the school district" in the first sentence and substituted "expended by the supervisory union for special education-related services, including:" for "of state aid for special education awarded to the supervisory union, including the amount generated by, and the amount allocated to" in the last sentence; added subdivs. (10)(A) and (10)(B); added "and" at the end of subdiv. (11); and added subdiv. (12).

    Amendments--2003 (Adj. Sess.). Subdiv. (4): Inserted "including funds awarded under P.L. 89-10, the Elementary and Secondary Education Act of 1965 as amended" at the end of the subdiv.

    Subdiv. (6)(B): Inserted "except as provided in section 144b of this title" preceding "compensatory".

    Amendments--2003. Subdivs. (12)-(17): Repealed.

    Amendments--2001. Subdiv. (1): Substituted "adopted by the state board under subdivision 165(a)(3)(B) of this title" for "of the state board for approval of public schools".

    Subdiv. (2): Substituted "pursuant to subdivision 165(a)(3)(B) of this title" for "for approval of public schools".

    Amendments--1995 (Adj. Sess.) Rewrote former subdiv. (12) as subdivs. (12) and (13) and added subdivs. (14)-(17).

    Amendments--1991 (Adj. Sess.) Added subdivs. (11) and (12).

    Amendments--1989 (Adj. Sess.) Subdiv. (6): Act No. 230 inserted "or, if agreed upon by unanimous vote at a supervisory union meeting, coordinate provision of" following "provide" and substituted "and remedial services" for "education" following "compensatory" in subdiv. (B).

    Subdiv. (10): Added by Act No. 202.

    Effect of 1991 (Adj. Sess.) amendment on ratification of acts of executive committee performed prior to July 1, 1992. 1991, No. 181 (Adj. Sess.), § 9, provided: "A supervisory union may ratify any or all previous acts of an executive committee performed before the effective date of this act [July 1, 1992]. If so ratified, such acts shall be of full force and effect and binding upon each town in the supervisory union."

    Effective date and applicability of amendment. 2015, No. 46 , § 52( l ) provides: "Sec. 39 (supervisory union duties; failure to comply; tax rates) [which added subsection (c) of this section] shall take effect on July 1, 2016; provided, however, that tax rates shall not be increased pursuant to this section prior to fiscal year 2018."

    § 262. Meetings; election of officers.

    1. Within 30 days from the date a supervisory union is established by the State Board, the Secretary shall call a meeting of the school directors of the school districts in the supervisory union. The number of directors shall be determined and directors shall be elected according to section 266 of this title. Within 30 days thereafter, the Secretary shall call a meeting, and the board shall elect a chair and other necessary officers to serve until the first regular annual election of officers.
    2. Regular annual elections of officers shall take place not later than 30 days after the latest annual school district election held by a member district in the supervisory union.
    3. The directors of the supervisory union board shall serve for a one-year term. Vacancies on the supervisory union board shall be filled by appointment by the school board of the school district that was represented by the vacating board member. The person so selected shall serve for the duration of the term vacated.
    4. Each supervisory union board shall establish policies and procedures designed to avoid the appearance of board member conflict of interest.

      Amended 1969, No. 298 (Adj. Sess.), § 77; 1989, No. 188 (Adj. Sess.), § 5; 1991, No. 181 (Adj. Sess.), § 6; 2013, No. 92 (Adj. Sess.), § 40, eff. Feb. 14, 2014.

    History

    Source. V.S. 1947, § 4197. 1935, No. 86 , § 10. P.L. § 4151. 1933, No. 157 , § 3876. 1923, No. 32 , § 7.

    Amendments--2013 (Adj. Sess.). Subsec. (a): Amended generally.

    Amendments--1991 (Adj. Sess.) Inserted "or her" preceding "designee", made a minor change in punctuation and deleted "and they shall determine and immediately appoint the number of directors the supervisory union board shall have" at the end of the first sentence, added the second sentence, substituted "commissioner or his or her designee" for "appointed directors" preceding "shall call a meeting and", inserted "the board" thereafter, deleted "then" preceding "elect" and added "to serve until the first regular annual election of officers" at the end of the third sentence and deleted the fourth sentence of subsec. (a), added a new subsec. (b) and redesignated former subsecs. (b) and (c) as subsecs. (c) and (d), respectively.

    Amendments--1989 (Adj. Sess.) Subsec. (c): Added.

    Amendments--1969 (Adj. Sess.). Section amended generally.

    § 263. Quorum.

    A majority of the school districts comprising a supervisory union shall be represented at a supervisory union meeting and a majority of all members of the supervisory union board shall be present in order to constitute a quorum for the transaction of business. A legal vote taken at such meeting shall be binding upon each school district in the supervisory union.

    Amended 1991, No. 181 (Adj. Sess.), § 7.

    History

    Source. V.S. 1947, § 4198. P.L. § 4152. 1923, No. 32 , § 7.

    Revision note. Substituted "supervisory union" for "district" and "union district" for purposes of clarity.

    Amendments--1991 (Adj. Sess.) Deleted "majority of towns a" preceding "quorum" in the section heading, substituted "school districts" for "towns" preceding "comprising" and inserted "and a majority of all members of the supervisory union board shall be present" following "meeting" in the first sentence and substituted "school district" for "town" following "binding upon each" in the second sentence.

    § 264. Majority vote of school directors.

    1. Elections and the transaction of all other business at such supervisory union meeting shall be determined by majority vote of all school directors present.
    2. A supervisory union may establish an executive committee consisting of the chair and no fewer than two additional directors.  The supervisory union shall enumerate in writing the specific powers and duties delegated to the executive committee, which shall have authority to act on behalf of the supervisory union within its delegated powers.

      Amended 1983, No. 119 (Adj. Sess.), § 1; 1991 (Adj. Sess.), § 8.

    History

    Source. V.S. 1947, § 4199. P.L. § 4153. 1923, No. 32 , § 7.

    Revision note. Substituted "supervisory union" for "district" for purposes of clarity.

    Amendments--1991 (Adj. Sess.) Designated the existing provisions of the section as subsec. (a) and added subsec. (b).

    Amendments--1983 (Adj. Sess.) Deleted "or represented" following "present".

    § 265. Repealed. 1983, No. 119 (Adj. Sess.), § 2.

    History

    Former § 265. Former § 265, relating to representation of school boards at supervisory union meetings, was derived from V.S. 1947, § 4200; P.L. § 4154; 1923, No. 32 , § 7.

    § 266. School board having more than three members.

    For the purpose of holding meetings and transacting the business of a supervisory union, the school board of any district assigned to a supervisory union, and having more than three members, shall elect from such board three members who shall represent and act for it in meetings of the supervisory union to which it is assigned. But the school board of any district that employs no teacher shall have only one vote in said supervisory union meeting.

    History

    Source. 1953, No. 51 , § 1. V.S. 1947, § 4201. P.L. § 4155. 1923, No. 32 , § 8.

    Revision note. Substituted "supervisory union" for "district" and "union district" for purposes of clarity.

    § 267. Joint agreements among supervisory unions.

    1. Supervisory unions, or administrative units not within a supervisory union, in order to provide services cooperatively, may at any annual or special meeting of the supervisory unions, by a majority vote of the directors present and eligible to vote, enter into a joint agreement to provide joint programs, services, facilities, and professional and other staff that are necessary to carry out the desired programs and services.
    2. The supervisory union may provide any authorized or required services by contract with any person, partnership, corporation, school district within or outside the supervisory union or with other supervisory unions. The supervisory union may also provide such services to any independent school in the supervisory union area on such terms as the supervisory union board deems proper. Contracts shall be approved by the board and signed by the chair or the chair's designee. A contract may be for a term not to exceed four years renewable for successive four-year periods.
    3. The expense of carrying on these shared programs, services, and facilities shall be allocated according to a plan mutually agreed upon by the participating supervisory unions and the Secretary of Education, including agreement on revision and adequate auditing procedures to allocate costs.
    4. Facilities constructed to house such shared programs and services when constructed with funds from the State School Building Aid Bond Account and attached to an existing building become a part of a new construction program.  The school district within which the special facilities are located shall own the facilities subject to the mutual agreement on reversion.
    5. A central treasury may be established among the participating unions.  Such central treasury will receive and disburse funds of participating supervisory unions.  Funds shall be disbursed only on orders signed by at least one authorized member from each of the participating supervisory unions.  The participating supervisory unions may jointly own personal property under their contract.

      Added 1967, No. 70 ; amended 1969, No. 298 (Adj. Sess.), § 78; 1991, No. 24 , § 11; 2013, No. 92 (Adj. Sess.), § 41, eff. Feb. 14, 2014.

    History

    Amendments--2013 (Adj. Sess.). Subsec. (b): Substituted "chair" for "chairman" following "by the" and "the chair's" for "his" preceding "designee".

    Subsec. (c): Substituted "Secretary of Education" for "commissioner of education" preceding "including".

    Amendments--1991 Subsec. (b): Substituted "independent" for "private" preceding "school" in the second sentence.

    Amendments--1969 (Adj. Sess.) Section amended generally.

    Subchapter 2. Supervisory Union Expenses

    History

    Amendments--2013 (Adj. Sess.). Subchapter heading: 2013, No. 92 (Adj. Sess.), § 42, eff. Feb. 14, 2014, added "Supervisory" preceding "Union".

    Amendments--1991 (Adj. Sess.) 1991, No. 181 (Adj. Sess.), § 10, substituted "Expenses" for "Superintendents" following "Union" in the subchapter heading.

    § 301. Apportionment of expenses.

    Unless otherwise agreed upon, each school district shall pay a proportionate share of the salary and expenses of the superintendent and the expenses of the supervisory union based on the number of enrolled students in each member school district. "Enrolled students" shall be defined by the State Board by rule, including the treatment of tuition students, special education students, students enrolled in career technical centers, and other particular circumstances.

    Amended 1961, No. 123 ; 1987, No. 228 (Adj. Sess.), § 17, eff. July 1, 1989; 1991, No. 181 (Adj. Sess.), § 11; 1991, No. 204 (Adj. Sess.), § 7; 2013, No. 92 (Adj. Sess.), § 43, eff. Feb. 14, 2014.

    History

    Source. 1953, No. 51 , § 2. V.S. 1947, § 4203. 1947, No. 59 , § 1.

    Amendments--2013 (Adj. Sess.). Substituted "students" for "pupils" in two places and "State Board" for "commissioner" preceding "by rule" and inserted "career" preceding "technical".

    Amendments--1991 (Adj. Sess.) Act No. 181 rewrote the section heading and deleted the former first, fourth, and fifth sentences.

    Act No. 204 substituted "technical" for "vocational" preceding "centers" in the second sentence.

    Amendments--1987 (Adj. Sess.) Inserted "or her" preceding "salary" and preceding "expenses" in the first sentence, rewrote the second sentence, and added the third sentence.

    Amendments--1961 Rewrote the first and second sentences.

    § 302. Repealed. 1975, No. 48, § 14, eff. April 15, 1975.

    History

    Former § 302. Former § 302, relating to qualifications and certificates of union superintendents, was derived from V.S. 1947, §§ 4206, 4207; 1935, No. 86 , § 12; P.L. §§ 4159, 4160; 1923, No. 32 , § 12.

    § 303. Repealed. 1991, No. 181 (Adj. Sess.), § 12.

    History

    Former § 303. Former § 303, relating to duties of the union superintendent, was derived from V.S. 1947, § 4205; P.L. § 4158; and 1923, No. 32 , § 11. The subject matter is now covered by section 242 of this title.

    § 304. Repealed. 1975, No. 48, § 14, eff. April 15, 1975.

    History

    Former § 304. Former § 304, relating to removal of union superintendents, was derived from V.S. 1947, § 4204; P.L. § 4157; 1923, No. 32 , § 10.

    Subchapter 3. Supervisory Union Treasury; Treasurer; Audits

    History

    Amendments--2013 (Adj. Sess.). Act No. 92 (Adj. Sess.), § 44, eff. Feb. 14, 2014, rewrote the subchapter heading.

    § 321. Treasury; uses.

    A supervisory union shall have a treasury for the purpose of transacting the financial affairs of the supervisory union and any joint operations among or within supervisory unions authorized under section 267 of this title.

    Added 1966, No. 59 (Sp. Sess.), § 1(a); amended 1987, No. 228 (Adj. Sess.), § 9.

    History

    Amendments--1987 (Adj. Sess.) Section amended generally.

    § 322. Treasurer; salary; expenses; duties.

    1. A supervisory union board shall elect a supervisory union treasurer at least annually, fix the salary and expenses, and determine the amount of a bond for him or her.
    2. Nothing shall preclude a supervisory union treasurer from also being a treasurer or deputy treasurer for any school district within the supervisory union if so voted by the electors for the school treasurer. Before beginning duty, a deputy treasurer shall give a bond with corporate surety conditioned for the faithful performance of duties in the same amount and for the benefit of the same obligee as the bond required of the school treasurer.
    3. It shall be the duty of the supervisory union treasurer to sign all checks and drafts, and invest in a prudent manner all funds in the supervisory union treasury as directed by the supervisory union board.  Upon request by the supervisory union board, the supervisory union treasurer shall prepare a balance sheet.  The supervisory union treasurer shall reconcile monthly accounts with the supervisory union bookkeeper.

      Added 1966, No. 59 (Sp. Sess.), § 1(b); amended 1967, No. 155 , § 1, eff. April 15, 1967; 1987, No. 228 (Adj. Sess.), § 10; 2003, No. 107 (Adj. Sess.), § 3.

    History

    Amendments--2003 (Adj. Sess.) Subsec. (b): Amended generally.

    Amendments--1987 (Adj. Sess.) Section amended generally.

    Amendments--1967 Added the second and third sentences.

    § 323. Audit by public accountant.

    Annually, the supervisory union board shall employ one or more public accountants to audit the financial statements of the supervisory union and its member districts. The audits shall be conducted in accordance with generally accepted government auditing standards, including the issuance of a report of internal controls over financial reporting to be provided to recipients of the financial statements. Any annual report of the supervisory union to member districts shall include notice that the audits have been performed and the time and place where the full report of the public accountant will be available for inspection and for copying at cost.

    Added 1966, No. 59 (Sp. Sess.), § 1(c); amended 1987, No. 15 , § 2; 2009, No. 44 , § 3, eff. May 21, 2009; 2011, No. 129 (Adj. Sess.), § 19, eff. July 1, 2013.

    History

    Amendments--2011 (Adj. Sess.). Section amended generally.

    Amendments--2009. Added second sentence.

    Amendments--1987 Section amended generally.

    § 324. Term of office; vacancy.

    The term of office of a supervisory union treasurer shall be for one year from July 1 through June 30. If the office becomes vacant, the voting members of the supervisory union board shall elect a new supervisory union treasurer to take office on election for the unexpired term.

    Added 1966, No. 59 (Sp. Sess.), § 1(d); amended 2013, No. 92 (Adj. Sess.), § 45, eff. Feb. 14, 2014.

    History

    Amendments--2013 (Adj. Sess.). Deleted "central" preceding "supervisory" in two places and inserted "board" following "union" and "union" preceding "treasurer".

    § 325. Removal from office.

    A supervisory union treasurer may be removed from office for cause by a majority vote of the members of the supervisory union board present and eligible to vote at a meeting called for that purpose.

    Added 1966, No. 59 (Sp. Sess.), § 1(e); amended 2013, No. 92 (Adj. Sess.), § 46, eff. Feb. 14, 2014.

    History

    Amendments--2013 (Adj. Sess.). Deleted "central" preceding "supervisory" and substituted "members of the supervisory union board" for "school directors".

    CHAPTER 9. SCHOOL DISTRICTS

    Article 1. General Provisions.

    Article 2. Board of School Directors.

    Article 3. Other Officers.

    Article 1. General Provisions.

    Article 2. Officers.

    Article 3. Taxes.

    Article 1. Duties of School Districts.

    Article 2. Unlawful Harassment.

    Article 3. Hazing.

    Subchapter 1. Town School Districts

    ARTICLE 1. General Provisions

    §§ 361-364. Repealed. 1969, No. 298 (Adj. Sess.), § 79.

    History

    Former §§ 361-364. Former § 361, relating to definition of school district, was derived from V.S. 1947, § 4209; P.L. § 4165; G.L. § 1183; 1917, No. 254 , § 1146; 1915, No. 64 , § 11; P.S. § 978; V.S. § 664; 1892, No. 20 , §§ 1, 16; 1884, No. 27 ; R.L. § 589; 1870, No. 10 , §§ 1, 4. The subject matter is now covered by § 421 of this title.

    Former § 362, relating to meetings and warning thereof, was derived from V.S. 1947, §§ 4210, 4211; P.L. §§ 4166, 4167; 1933, No. 157 , §§ 3891, 3892; 1931, No. 20 , § 1; G.L. § 1185; 1917, No. 61 , § 1, and amended by 1963, No. 56 . The subject matter is now covered by § 422 of this title.

    Former § 363, relating to qualifications of voters, was derived from V.S. 1947, § 4212; P.L. § 4168; 1933, No. 40 , §§ 1, 2; G.L. § 1186; 1917, No. 254 , § 1149; 1915, No. 64 , § 13; 1915, No. 111 , § 1; P.S. § 980; V.S. § 666; 1892, No. 21 , § 23; 1988, No. 9 , § 139 and amended by 1967, No. 277 (Adj. Sess.), § 1. The subject matter is now covered by § 553 of this title.

    Former § 364, relating to pensions to teachers, was derived from V.S. 1947, §§ 4273, 4274; P.L. §§ 4227, 4228; G.L. §§ 1218, 1219; 1915, No. 64 , §§ 112, 113; 1910, No. 66 , §§ 1-4.

    ARTICLE 2. Board of School Directors

    §§ 381-390. Repealed. 1969, No. 298 (Adj. Sess.), § 79.

    History

    Former §§ 381-390. Former § 381, relating to number, election, and term of school board directors, was derived from 1957, No. 67 , § 1; 1953, No. 250 , § 1; 1951, No. 81 , § 1; V.S. 1947, § 4213; 1939, No. 78 , § 1; 1935, No. 87 , § 1; P.L. § 4169; 1933, No. 55 , § 1; 1933, No. 41 ; G.L. § 1189; 1917, No. 254 , § 1152; 1915, No. 64 , § 18; 1912, No. 118 , § 1; 1910, No. 65 , § 5; P.S. § 987; V.S. § 669; 1894, No. 15 , § 1; 1892, No. 20 , § 4; 1888, No. 9 , § 126; R.L. § 594; 1870, No. 10 , §§ 2, 3, and amended by 1959, No. 138 ; 1961, No. 91 ; 1965, No. 34 . The subject matter is now covered by § 423 of this title.

    Former § 382, relating to ballots and ballot boxes, was derived from V.S. 1947, § 4214; P.L. § 4170; 1919, No. 98 , § 1; G.L. § 1187; 1915, No. 64 , § 15; P.S. § 985; 1906, No. 43 , § 5; V.S. § 704; 1892, No. 21 , § 22.

    Former § 383, relating to certification of election and oath of school board directors and election of a chairman and a clerk, was derived from 1953, No. 25 ; V.S. 1947, § 4216; 1935, No. 87 , § 2; P.L. § 4172; 1933, No. 56 ; G.L. §§ 1191, 1197; 1915, No. 64 , §§ 20, 27; 1910, No. 65 , § 6; P.S. §§ 989, 997; 1898, No. 20 , § 5; V.S. §§ 672, 679; 1890, No. 5 , § 2; 1888, No. 9 , §§ 127, 128; R.L. §§ 595, 596, 597; 1876, No. 46 ; 1870, No. 10 , §§ 5, 6, 7. The subject matter is now covered by § 561 of this title.

    Former § 384, relating to filling vacancies in school boards, was derived from V.S. 1947, § 4215; P.L. § 4171; 1933, No. 157 , § 3896; G.L. § 1190; 1917, No. 254 , § 1153; 1915, No. 64 , § 19; P.S. § 988; V.S. § 671; 1892, No. 20 , § 4; R.L. §§ 594, 596; 1870, No. 10 , §§ 2, 3, 6. The subject matter is now covered by § 424 of this title.

    Former § 385, relating to compensation of school directors and town school district treasurers, was derived from 1957, No. 160 , § 2; V.S. 1947, § 4218; P.L. § 4174; 1933, No. 157 , § 3899; G.L. § 1193; 1915, No. 64 , § 26; 1912, No. 63 , § 2; P.S. § 996; V.S. § 678; 1892, No. 20 , § 11; 1888, No. 9 , § 135; R.L. § 600; 1876, No. 46 ; 1870, No. 10 , §§ 5, 7.

    Former § 386, relating to powers and duties of school boards, was derived from 1957, No. 160 , § 1; V.S. 1947, § 4217; P.L. § 4173; 1927, No. 27 ; G.L. § 1192; 1917, No. 254 , § 1155; 1915, No. 64 , §§ 21, 43; 1915, No. 68 , § 1; P.S. §§ 990, 1006; 1904, No. 36 , § 1; 1902, No. 26 , § 1; 1900, No. 21 , § 1; 1898, No. 20 , § 4; 1898, No. 23 , § 1; V.S. §§ 673, 685; 1894, No. 16 , § 1; 1892, No. 20 , §§ 5, 6; 1888, No. 9 , §§ 105, 129, 133, 138; 1882, No. 25 ; R.L. §§ 564, 597; 1876, No. 46 ; 1870, No. 10 , § 7. The subject matter is now covered by § 563 of this title.

    Former § 387, relating to number, location, relocation, consolidation, and closing of schools, was derived from 1957, No. 125 , § 1, No. 160 , § 1; V.S. 1947, § 4217; P.L. § 4173; 1927, No. 27 ; G.L. §§ 1192; 1917, No. 254 , § 1155; 1915, No. 64 , §§ 21, 43; 1915, No. 68 , § 1; P.S. §§ 990, 1006; 1904, No. 36 , § 1; 1902, No. 26 , § 1; 1900, No. 21 , § 1; 1898, No. 20 , § 4; 1898, No. 23 , § 1; V.S. §§ 673, 685; 1894, No. 16 , § 1; 1892, No. 20 , §§ 5, 6; 1888, No. 9 , §§ 105, 129, 133, 138; 1882, No. 25 ; R.L. §§ 564, 597; 1876, No. 46 ; 1870, No. 10 , § 7, and amended by 1964, No. 5 (Sp. Sess.).

    Former § 388, relating to annual report of school board, was derived from V.S. 1947, § 4220; P.L. § 4176; 1933, No. 57 ; G.L. § 1195; 1915, No. 64 , § 24; 1910, No. 65 , § 8; P.S. § 995; 1898, No. 20 , § 8; V.S. § 850; 1890, No. 5 , § 2; 1888, No. 9 , § 237. The subject matter is now covered by § 563 of this title.

    Former § 389, relating to accounts of school board, auditor's reports, and budget, was derived from 1951, No. 82 , § 1; V.S. 1947, § 4221; 1935, No. 87 , § 3; P.L. § 4177; 1933, No. 58 ; 1921, No. 46 ; G.L. § 1196; 1917, No. 254 , § 1159; 1915, No. 64 , §§ 23, 25, 26, 109; 1915, No. 65 ; 1915, No. 117 , § 2; 1912, No. 63 , §§ 2, 8; 1910, No. 65 , § 7; P.S. §§ 992, 994, 3509, 3512; 1906, No. 35 , § 1; V.S. §§ 674, 676, 3059, 3062; 1892, No. 20 , §§ 10, 14; 1888, No. 9 , § 134; R.L. §§ 599, 2727, 2733; 1880, No. 113 , § 2; 1870, No. 10 , § 3; G.S. 15, § 84; 1860, No. 21 , § 1; R.S. 13, §§ 65-67; R. 1797, p. 284, § 3. The subject matter is now covered by § 563 of this title.

    Former § 390, relating to liability for unauthorized payments, was derived from V.S. 1947, § 4219; P.L. § 4175; G.L. § 1194; 1915, No. 64 , § 22; P.S. § 991; R. 1906, § 908; V.S. § 797; 1888, No. 9 , § 87; R.L. § 495; G.S. 22, § 59; 1859, No. 39 . The subject matter is now covered by § 555 of this title.

    ARTICLE 3. Other Officers

    §§ 411-415. Repealed. 1969, No. 298 (Adj. Sess.), § 79.

    History

    Former §§ 411-415. Former § 411, relating to town clerk as clerk of town school district, was derived from 1953, No. 241 , § 1. The subject matter is now covered by § 425 of this title.

    Former § 412, relating to disability of school board clerk, was derived from V.S. 1947, § 4222; P.L. § 4178; G.L. § 1198; 1915, No. 64 , § 28; P.S. § 998; R. 1906, § 915; V.S. § 677; 1888, No. 9 , § 85; R.L. § 516; G.S. 22, § 36; 1846, No. 6 .

    Former § 413, relating to duties of school board clerk, was derived from V.S. 1947, § 4223; P.L. § 4179; G.L. § 1199; 1915, No. 64 , § 29; 1912, No. 76 , § 6; 1908, No. 37 , § 21; P.S. § 999; 1898, No. 20 , § 5; V.S. § 679; 1888, No. 9 , § 128; R.L. §§ 517, 596; 1876, No. 53 ; 1874, No. 39 ; 1870, No. 10 , § 6; G.S. 22, § 37; 1856, No 37, § 1; R.S. 18, § 10; 1827, No. 23 , § 7.

    Former § 414, relating to truant officers, was derived from V.S. 1947, §§ 4224, 4225; P.L. §§ 4180, 4181; 1933, No. 57 , § 3906; G.L. §§ 1200, 1201; 1917, No. 254 , § 1163; 1915, No. 64 , § 58; 1912, No. 75 , § 9; 1910, No. 65 , § 16; P.S. §§ 1038, 1039; R. 1906, § 956; 1904, No. 38 , § 1; V.S. §§ 710, 722; 1892, No. 22 , §§ 2, 15; R.L. § 670; 1870, No. 13 , § 1. The subject matter is now covered by § 1125 of this title.

    Former § 415, relating to supervisors of unorganized towns and gores performing duties of school directors and truant officers, was derived from V.S. 1947, § 4228; P.L. § 4182; G.L. § 1303; 1917, No. 254 , § 1264a; 1915, No. 64 , § 173; 1912, No. 42 , § 30; P.S. §§ 1127, 1128; 1906, No. 59 , § 1; 1906, No. 60 , § 1; R. 1906, §§ 1039, 1040; V.S. §§ 791, 836, 845; 1894, No. 162 , § 802; 1888, No. 9 , §§ 81, 207; 1884, No. 34 ; R.L. §§ 511, 512, 514, 636; 1872, No. 12 ; 1870, No. 18 ; 1867, No. 18 , §§ 1, 2; G.S. 22 §§ 32, 49, 51; 1854, No. 42 , § 1; R.S. 18, §§ 17, 19; 1827, No. 23 , §§ 11, 12; R. 1797, p. 495, § 3; R. 1787, p. 137, and amended by 1959, No. 18 , § 1. The subject matter is now covered by 24 V.S.A § 1408.

    Subchapter 1A. Government of School Districts

    History

    Revision note. This subchapter, which was enacted as subchapter 1 by 1969, No. 298 (Adj. Sess.), §§ 41-49, was redesignated as 1A to avoid confusion with former subchapter 1.

    Grandfather clause. 2005, No. 182 (Adj. Sess.), § 26(a) provides: "Notwithstanding the provisions of 16 V.S.A. § 428(b) which requires a vote of the electorate in order for a school district to vote its budget by Australian ballot, a regional technical center school district which was formed prior to January 1, 2006 and which established voting by Australian ballot as the process for approval of its annual budget in the final report submitted to the voters pursuant to 16 V.S.A. § 1573 shall continue to vote its budget by Australian ballot pursuant to 16 V.S.A. § 428(b) unless the electorate votes to discontinue the practice pursuant to law."

    Cross References

    Cross references. Union school districts, see chapter 11, subchapter 4 of this title.

    § 421. Town school districts.

    1. A town shall constitute a school district, except that when a town contains an incorporated school district, the town school district shall consist of that part of the town not embraced within the incorporated school district.
    2. It is the policy of the State to support two or more school districts within a supervisory union in establishing a unified union district in accordance with section 722 of this title, if such unified union district would then be large enough to qualify for designation by the State Board as a supervisory district.

      Added 1969, No. 298 (Adj. Sess.), § 41; amended 1987, No. 228 (Adj. Sess.), § 13.

    History

    Amendments--1987 (Adj. Sess.) Designated the existing provisions of the section as subsec. (a) and added subsec. (b).

    § 422. Meetings.

    1. The annual town meeting shall be the annual town school district meeting.  However, at any annual or special school district meeting, the electorate may authorize the annual school district meeting to be held on another date so long as the meeting is held after February 1 and before June 15.
    2. A warning to change the date for the annual school district meeting shall contain an article in substantially the following form: "Shall the town school district of  .................... hold its annual meeting on  .................... ?"
    3. Town school district meetings shall be warned by the school board and shall contain appropriate articles notifying the electorate of the election of its officers and the business to be transacted.
    4. A town consisting of one town school district may transact at any regular or special town meeting any and all business lawful to be done at any lawfully warned regular or special town school district meeting.

      Added 1969, No. 298 (Adj. Sess.), § 42; amended 1975, No. 48 , § 16, eff. April 15, 1975; 1977, No. 128 (Adj. Sess.), § 1.

    History

    Amendments--1977 (Adj. Sess.) Subsec. (a): Substituted "after February 1 and before June 15" for "prior to March 20" following "is held" in the second sentence.

    Amendments--1975 Subsec. (a): Added the second sentence.

    Subsec. (b): Amended generally.

    Cross References

    Cross references. Town meetings generally, see 17 V.S.A. § 2640.

    § 423. Directors, number, election; term.

    1. Each town school district shall have a school board consisting of three directors, one of whom shall be elected by ballot at each annual meeting of the town school district for a term of three years, beginning the day of election or until a successor is elected and qualified, unless a town school district is a member of a unified union district.
    2. The electorate may vote at an annual or special town school district meeting to elect not more than two additional directors for terms of either one or two years.  When the terms are to be for two years, the warning for the meeting shall so specify.  If two additional directors are elected, they shall have terms of the same length, but if the terms are to be for two years, when the additional directors are first elected, one shall be elected for one year and the other director for two years.  Terms of these additional directors shall end on annual meeting days.  If the additional directors are elected at a special meeting, the term of those elected for one year shall expire on the next annual meeting day and those elected for two years shall expire on the second annual meeting day following their election.
    3. The electorate shall continue to elect additional school directors until it votes at a meeting duly warned for the purpose to rescind its previous action under subsection (b) of this section; but the additional directors then in office shall continue in office until the end of the term to which they were elected.
    4. A town school district that holds its annual meeting on a day other than annual town meeting day may vote to elect its officers and its representative directors to union school districts on town meeting day.  Their terms of office shall commence on the annual school district meeting day unless the district votes to have the terms of office commence on town meeting day.

      Added 1969, No. 298 (Adj. Sess.), § 43; amended 1983, No. 154 (Adj. Sess.), eff. April 13, 1984.

    History

    Amendments--1983 (Adj. Sess.) Subsec. (d): Added.

    Cross References

    Cross references. Eligibility for election to school board, see § 558 of this title.

    § 424. Vacancies.

    1. Except as otherwise provided for a school district operating under a charter, within 30 days of the creation of the vacancy, the school board shall, by majority vote of those present and voting, appoint a qualified person to fill a vacancy in the town school board or a vacancy in the position of town school district treasurer in towns in which the town school district treasurer is elected separately from the town treasurer until an election at a special or annual meeting is held. A record thereof shall be made in the office of the town clerk.
    2. If there are vacancies in a majority of the members of the town school board at the same time, the vacancies shall be filled by a special school district meeting called for that purpose. The remaining board member or members are authorized to draw orders for payment of continuing obligations and necessary expenses until a majority of the vacancies is filled.
    3. If there are no town school board members in office, the Secretary of State shall call a special election to fill any vacancies and for that interim shall appoint and authorize the town school district clerk or other qualified person to draw orders for payment of continuing obligations and necessary expenses until a majority of the vacancies is filled.

      Added 1969, No. 298 (Adj. Sess.), § 44; amended 1975, No. 171 (Adj. Sess.), § 1; 2005, No. 32 , § 1; 2007, No. 150 (Adj. Sess.), § 1.

    History

    Amendments--2007 (Adj. Sess.). Subsec. (a): Amended generally.

    Amendments--2005 Section amended generally.

    Amendments--1975 (Adj. Sess.) Inserted "with the advice of the remaining school board members, within 30 days of the creation of the vacancy" following "selectmen shall".

    § 425. Other town school district officers.

    Unless otherwise voted, the town clerk shall by virtue of the office perform the same duties for the town school district in addition to other duties assigned by this title.

    Added 1969, No. 298 (Adj. Sess.), § 45; amended 1979, No. 23 , § 2; 2011, No. 129 (Adj. Sess.), § 20, eff. July 1, 2013.

    History

    Amendments--2011 (Adj. Sess.) Substituted "the town clerk shall by virtue of the office perform" for "the town clerk and town auditors shall by virtue of their offices perform".

    Amendments--1979 Added "unless otherwise voted" at the beginning of the section.

    § 426. Duties of the town school district treasurer.

    1. The town treasurer shall be treasurer of the town school district unless, by vote of the town school district, a town school district treasurer is elected. He or she shall keep in a separate bank account all the money appropriated or given for the use of the school district. Within 20 days after the date the school taxes become due and payable or within such other period of time as may be agreed upon in writing by both the selectboard and the board of school directors, he or she shall deposit in the school account payments of the school tax levy received. However, if notification of the amount to be transferred by the Secretary of Education to the school district has not been received within 20 days of the date taxes are due and payable, the transfer shall be effected within 20 days of notification by the Secretary.
    2. Within 120 days after the date on which taxes become delinquent, but in no event later than the end of the school year, the treasurer shall deposit the balance of the sum of the gross school tax levy in the school account.
    3. The treasurer shall pay out of such money orders drawn by or upon the authority of the board of school directors.  If he or she does not pay any such order on demand, the holder thereof may recover the amount from the town school district with interest from the time of such demand.  Monies so received by the town school district may be invested and reinvested by the treasurer with the approval of the board of school directors.
    4. The town school district treasurer shall keep financial records of cash receipts and disbursements and shall make those records available to the board of school directors or the supervisory union board when requested to do so.

      Added 1969, No. 298 (Adj. Sess.), § 46; amended 1979, No. 23 , § 1; 1981, No. 239 (Adj. Sess.), § 4; 1987, No. 127 (Adj. Sess.); 1987, No. 228 (Adj. Sess.), § 11; 1989, No. 4 ; 1991, No. 103 , § 3; 2005, No. 54 , § 2; 2013, No. 92 (Adj. Sess.), § 47, eff. Feb. 14, 2014.

    History

    Amendments--2013 (Adj. Sess.). Subsec. (a): Substituted "selectboard" for "board of selectmen", inserted "by the Secretary of Education" following "transferred", deleted "by the commissioner" following "school district" and substituted "Secretary" for "commissioner" following "by the".

    Amendments--2005 Subsec. (a): Added the fourth sentence.

    Amendments--1991 Subsec. (c): Inserted "or upon the authority of" preceding "the board" in the first sentence.

    Amendments--1989 Subsec. (a): Inserted "or within such other period of time as may be agreed upon in writing by both the board of selectmen and the board of school directors" following "payable" in the third sentence.

    Amendments--1987 (Adj. Sess.) Act No. 127 amended the section generally.

    Act No. 228 inserted "school district" following "town" in the section heading, rewrote the first sentence of subsec. (a), and added subsec. (d).

    Amendments--1981 (Adj. Sess.) Rewrote the second sentence as the second through fourth sentences and added the sixth sentence.

    Amendments--1979 Substituted "one hundred and twenty" for "twenty" preceding "days", inserted "but in no event later than the end of the fiscal school year" following "delinquent", and made a minor change in punctuation in the second sentence.

    § 427. Grand list.

    The grand list of a town or incorporated school district shall consist of one percent of the listed value of the real and personal estate taxable in the town or incorporated school district.

    Added 1969, No. 298 (Adj. Sess.), § 47; amended 1971, No. 261 (Adj. Sess.), § 1 eff. March 14, 1972; 1993, No. 148 (Adj. Sess.), § 1, eff. May 16, 1994; 2005, No. 182 (Adj. Sess.), § 1; 2019, No. 131 (Adj. Sess.), § 59.

    History

    2004. Reference to "polls" deleted from subdiv. (a) in accordance with 1977, No. 118 (Adj. Sess.).

    Amendments--2019 (Adj. Sess.). Substituted "in the town or incorporated school district" for "therein".

    Amendments--2005 (Adj. Sess.). Deleted the subsec. (a) designation; inserted "or incorporated" following "town" in that paragraph and deleted subsec. (b).

    Amendments--1993 (Adj. Sess.) Added the first sentence.

    Amendments--1971 (Adj. Sess.) Designated existing provisions of the section as subsec. (a) and added subsec. (b).

    Application of subsec. (b). 1971, No. 261 (Adj. Sess.), § 2, was amended by 1993, No. 148 (Adj. Sess.), § 2, eff. May 16, 1994, to delete the provision of 1971, No. 261 (Adj. Sess.), § 2 restricting the application of subsec. (b) to the Underhill incorporated school district.

    Cross References

    Cross references. Grand tax lists generally, see 32 V.S.A chapter 129.

    ANNOTATIONS

    1. Assessment.

    Where town school district assessed tax on appraisal card value instead of grand list value it was in error, for grand list of town was in essence also that of town school district, and the latter was bound by it. Lewis v. Town of Brandon, 132 Vt. 37, 313 A.2d 673 (1973).

    § 428. Budget to be voted.

    1. At each annual town school district meeting, the electorate shall vote such sums of money as it deems necessary for the support of schools. If such sums are not approved or acted upon at the annual meeting, the electorate shall vote such questions at a duly warned special school district meeting. A district may vote money necessary for the support of its schools to the end of the full school year next ensuing.
    2. If the electorate of a school district votes for its budget by Australian ballot, it shall do so using ballot language jointly developed by the Secretary of Education and the Secretary of State and adopted by the State Board, by rule.

      Added 1969, No. 298 (Adj. Sess.), § 48; amended 1985, No. 196 (Adj. Sess.), § 21; 1997, No. 60 , § 26, eff. July 1, 1998; 1997, No. 71 (Adj. Sess.), §§ 1, 83, eff. March 11, 1998, § 71, eff. Jan. 1, 1999; 1999, No. 1 , § 60c, eff. March 31, 1999; 1999, No. 1 52 (Adj. Sess.), § 166b; 2003, No. 36 , § 3; 2003, No. 68 , § 1; 2013, No. 92 (Adj. Sess.), § 48, eff. Feb. 14, 2014; 2019, No. 131 (Adj. Sess.), § 60.

    History

    Amendments--2019 (Adj. Sess.). Subsec. (a): In the last sentence, inserted "its" following "support of" and deleted "therein" following "schools".

    Amendments--2013 (Adj. Sess.). Subsec. (b): Substituted "Secretary of Education and the Secretary of State" for "commissioner and secretary of state" and "State Board" for "commissioner".

    Amendments--2003. Rewrote the section heading, deleted subsecs. (b)-(e) and redesignated former subsec. (f) as present subsec. (b). Effective July 1, 2004.

    Amendments--1999 (Adj. Sess.). Deleted "equalized" preceding "yield amount" in subsecs. (b)-(d).

    Amendments--1999 Subsec. (b): Substituted "bill each property taxpayer for the" for "determine each taxpayer's" in the second sentence and substituted "Homesteads shall be billed" for "but" at what was previously the end of the second sentence and now is the beginning of the third sentence.

    Amendments--1997 (Adj. Sess.). Subsec. (a): Deleted "and shall express in its vote the specific amounts voted for deficit, if any, for current expenses, capital improvements or other lawful purposes" following "support of groups" in the first sentence.

    Subsec. (b): Substituted "determine each taxpayer's" for "bill each property taxpayer for the" preceding "local share" and "and may use" for "using" preceding "tax classifications" and deleted "homesteads shall be billed" preceding "without regard" in the second sentence.

    Subsec. (d): Added the fourth sentence.

    Subsec. (e): Added the second sentence.

    Amendments--1997 Added "and collected" following "voted" in the section heading, designated the existing provisions of the section as subsec. (a), deleted the former third sentence in that subsec., and added subsecs. (b)-(f).

    Amendments--1985 (Adj. Sess.) Added the second sentence and rewrote the third sentence.

    ANNOTATIONS

    1. Generally.

    In fiscal matters a town school district is not entirely independent of the town; the school district decides how much money it needs and how that money shall be used, and town sets tax rate and manages collection of taxes. Lewis v. Town of Brandon, 132 Vt. 37, 313 A.2d 673 (1973).

    Cited. Anderson v. State, 168 Vt. 641, 723 A.2d 1147 (mem.) (1998).

    § 429. Loans.

    Notwithstanding subsection 4029(b) of this title, a school board may draw orders for loans without interest to the town's general fund, and the town selectboard may draw orders for loans without interest to the school district fund, the loans to be secured by a note signed by both the selectboard and the school board that stipulates mutually agreeable terms and conditions. A note shall be payable not more than 90 days after its issuance and shall be payable on demand anytime within the 90-day term. The school board shall report all loans to the Agency pursuant to subsection 4029(f) of this title. For purposes of this section, "town" and "selectboard" shall have the same meaning as they have in 1 V.S.A. § 139 .

    Added 1969, No. 298 (Adj. Sess.), § 49; amended 2011, No. 129 (Adj. Sess.), § 3, eff. May 11, 2012.

    History

    2013 (Adj. Sess.). Substituted "Agency" for "department" in accordance with 2013, No. 92 (Adj. Sess.), § 302.

    Amendments--2011 (Adj. Sess.). Section amended generally.

    § 430. [Deleted.].

    History

    2004. Section 430 was deleted to conform to 1977, No. 118 (Adj. Sess.), § 1(b), which provides that references to "poll taxes" and "polls" are deleted from Vermont Statutes Annotated, effective July 1, 1982. See notes set out preceding 32 V.S.A. § 3401.

    § 431. Repealed. 1997, No. 71 (Adj. Sess.), § 106(a), eff. March 11, 1998.

    History

    Former § 431. Former § 431, relating to deposit of unanticipated general aid amounts, was derived from 1987, No. 84 , § 3 and amended by 1989, No. 255 (Adj. Sess.), § 1.

    Subchapter 2. Incorporated School Districts

    ARTICLE 1. General Provisions

    § 471. Application of other laws.

    1. The provisions of this title relating to the administration and maintenance of public schools; to school meetings and voting; to grand lists; to the raising and expending of school monies; to monies apportioned by the State Board; to sharing in other State aid; to the election, appointment, powers, duties, and liabilities of school officers; to elementary and higher instruction; to transportation, board, and attendance of students; to truancy and truant officers; to furnishing of textbooks and appliances; and to all other matters pertaining to schools in a town district, unless otherwise provided, and if not inconsistent with the rights granted by their charters, shall apply to schools maintained, similar school officers, and all matters pertaining to schools in incorporated school districts.
    2. An incorporated school district, if it is so voted at an annual or special meeting duly warned for that purpose, may elect to be governed by any one or more provisions of this title in lieu of any inconsistent provisions of special legislation relating to such district. Provisions of this title adopted by a district shall continue to apply unless the vote is rescinded at an annual or special meeting duly warned for that purpose.

      Amended 2013, No. 92 (Adj. Sess.), § 49, eff. Feb. 14, 2014; 2019, No. 131 (Adj. Sess.), § 61.

    History

    Source. V.S. 1947, § 4449. 1941, No. 74 . P.L. § 4369. G.L. § 1374. 1917, No. 254 , § 1330. 1915, No. 64 , §§ 172, 179. 1915, No. 70 , § 2. 1915, No. 72 , § 1. 1912, No. 42 , § 30. 1912, No. 79 , § 1. P.S. §§ 1123, 1127, 1128, 1139, 1147, 1148, 1156. 1906, No. 59 , § 1. 1906, No. 60 , § 1. R. 1906, §§ 1040, 1050, V.S. §§ 729, 784, 791, 806, 808, 836-839, 845. 1894, No. 162 , §§ 802, 803. 1892, No. 21 , § 14. 1890, No. 5 , § 18. 1888, No. 9 , §§ 74, 81, 200, 201, 207, 245. 1884, No. 34 . R.L. §§ 509, 511, 512, 514, 525, 630, 636. 1876, No. 47 , § 1. 1872, § 12. 1870, No. 16 . 1870, No. 18 . 1868, No. 33 , §§ 2, 3. 1867, No. 18 , §§ 1, 2. 1864, No. 61 . G.S. 22, §§ 32, 43, 45, 47, 49-51. 1854, No. 42 , § 1. 1850, No. 44 . 1849, No. 16 . R.S. 18, §§ 13, 15-19. 1833, No. 19 , § 2. 1827, No. 23 , §§ 10-12. 1824, p. 10, § 2. R. 1797, pp. 495, 496, §§ 3, 4. 1795, p. 9. R. 1787, p. 137.

    Amendments--2019 (Adj. Sess.). Subsec. (a): Inserted "to" preceding "school meetings" and deleted "therein" following "voting".

    Amendments--2013 (Adj. Sess.). Section amended generally.

    § 472. Meetings; warnings.

    1. A district may, if it so votes at its annual meeting on the first Tuesday in March, fix a different date for holding its annual meetings, provided the date is not earlier than March 15 nor later than June 30. A notice of the proposed change shall be inserted in the warning of the annual meeting upon the written request of five percent of the voters of the district. Special meetings shall be warned on the application of five percent of the voters of the district.
    2. Meetings shall be warned by the clerk or, in case of his or her inability to act, by the prudential committee, by posting a notice specifying the time, place, and business of the meeting in two public places in the district at least seven days before the date of the meeting, and warnings shall be recorded before being posted.
    3. When a person whose duty it is to warn a school meeting neglects to do so for ten days, after application made as provided in this section, he or she shall forfeit to the district $20.00 for each ten days' neglect, to be recovered in an action on this statute.

      Amended 1975, No. 161 (Adj. Sess.); 2013, No. 92 (Adj. Sess.), § 50, eff. Feb. 14, 2014; 2019, No. 131 (Adj. Sess.), § 62.

    History

    Source. V.S. 1947, §§ 4457-4459. P.L. §§ 4377-4379. 1933, No. 65 . 1933, No. 157 , § 4108. G.L. §§ 1382-1384. 1917, No. 254 , § 1338. 1915, No. 64 , § 179. 1912, No. 79 , § 1. 1910, No. 65 , §§ 4, 24. P.S. §§ 981, 1132-1134, 1136, 1139. R. 1906, § 898. 1904, No. 43 , §§ 1, 2. V.S. §§ 800-802, 805. 1890, No. 5 , § 18. 1888, No. 9 , §§ 89, 90, 94. 1888, No. 131 , § 1. R.L. §§ 519-521. G.S. 22, §§ 41, 42, 58. 1861, No. 11 . 1858, No. 2 . 1851, No. 28 . 1850, No. 40 . R.S. 18, §§ 12, 26. 1827, No. 23 , § 7. 1809, p. 96, § 2. R. 1797, p. 495, § 3. R. 1797, p. 499, § 2. 1795, p. 10, § 2. 1787, p. 136.

    Revision note. Deleted "of tort" following "action" in subsec. (c) to conform language to Rule 2, Vermont Rules of Civil Procedure, pursuant to 1971, No. 185 (Adj. Sess.), § 236(d). See note set out under 4 V.S.A. § 219.

    Amendments--2019 (Adj. Sess.). Subsec. (b): Substituted "date of the meeting" for "time therein specified".

    Amendments--2013 (Adj. Sess.). Section amended generally.

    Amendments--1975 (Adj. Sess.) Subsec. (a): Substituted "five percent of the" for "ten legal" preceding "voters" in the second sentence and "five percent of the" for "three" preceding "voters" in the third sentence.

    ANNOTATIONS

    Analysis

    1. Computation of time.

    In computing length of time during which notice of meeting of school district was given, same rule would be applied, as in case of service of process; either day on which notice was posted, or day on which meeting was held, would be counted. Mason v. School District No. 14, 20 Vt. 487 (1848).

    Notice dated on first day of month, for meeting to be held on seventh, was not sufficient. Hunt v. School District No. 20, 14 Vt. 300 (1842).

    2. Request to warn.

    It was not essential to validity of proceedings that there should have been request to clerk to warn meeting. Chandler v. Bradish, 23 Vt. 416 (1851); Mason v. School District No. 14, 20 Vt. 487 (1848).

    3. Contents of warning.

    Warning was not required to be dated. Braley v. Dickinson, 48 Vt. 599 (1876).

    Warning must specify business to be transacted. Hunt v. School District No. 20, 14 Vt. 300 (1842); School District No. 4 v. School District No. 2, 64 Vt. 527, 25 A. 433 (1892); School District No. 13 v. Smith, 67 Vt. 566, 32 A. 484 (1895).

    4. Defective warning.

    It was no excuse for defective school district warning that similar warnings had been used for many years. Scott v. School District No. 9, 67 Vt. 150, 31 A. 145 (1894).

    Meeting warned without naming in warrant hour of meeting was irregular, and its proceedings were void; and defect was not cured by an adjournment to another day, naming hour of that day. Sherwin v. Bugbee, 16 Vt. 439 (1844).

    5. Failure to record warning.

    Proceedings of school district meeting were not void because clerk failed to record warning in accordance with statute. Adams v. Sleeper, 64 Vt. 544, 24 A. 990 (1892).

    § 473. Eligibility of voters.

    The moderator, clerk, and members of the prudential committee shall decide all questions as to the eligibility of a person to vote in a school meeting.

    History

    Source. V.S. 1947, § 4460. P.L. § 4380. G.L. § 1385. 1915, No. 64 , § 179. 1912, No. 79 , § 1. P.S. §§ 1135, 1139. V.S. § 803. 1888, No. 9 , §§ 91, 92. R.L. §§ 523, 524. 1880, No. 103 . 1870, No. 17 . 1868, No. 39 . G.S. 22, § 29. R.S. 18, § 7. 1827, No. 23 , § 7.

    § 474. Records.

    The clerk shall keep a record of the votes and proceedings of the school district meetings and give certified copies thereof when required. A clerk who neglects to perform this duty shall forfeit $20.00 to the district, to be recovered in an action on this statute.

    History

    Source. V.S. 1947, § 4461. P.L. § 4381. G.L. § 1386. 1915, No. 64 , § 179. 1912, No. 79 , § 1. P.S. § 1129. V.S. § 789. 1888, No. 9 , § 79. R.L. § 517. 1876, No. 53 . 1874, No. 39 . G.S. 22, § 37. 1856, No. 37 , § 1. R.S. 18, § 10. 1827, No. 23 , § 7.

    Revision note. Deleted "of tort" following "action" to conform language to Rule 2, Vermont Rules of Civil Procedure, pursuant to 1971, No. 185 (Adj. Sess.), § 236(d). See note set out under 4 V.S.A. § 219.

    Editor's note. Although 1989, No. 118 , § 3, amended each section of this title containing the word "certified" by substituting therefor "licensed", the word "certified" appearing in the first sentence was not changed to "licensed" in view of the context of the reference.

    § 475. Statistical information.

    Annually, on or before August 15, the prudential committee shall return to the Secretary answers to the statistical inquiries that he or she may address to them.

    Amended 1975, No. 48 , § 4, eff. April 15, 1975; 2013, No. 92 (Adj. Sess.), § 51, eff. Feb. 14, 2014.

    History

    Source. V.S. 1947, § 4454. P.L. § 4374. 1933, No. 157 , § 4104. G.L. § 1379. 1915, No. 64 , § 31. 1912, No. 62 , § 17. 1910, No. 65 , § 20. P.S. § 1058. V.S. § 731. 1892, No. 21 , § 16. 1888, No. 9 , § 198. R.L. § 628. 1874, No. 33 , § 6. G.S. 22, § 113. 1858, No. 1 , § 13.

    Amendments--2013 (Adj. Sess.). Substituted "Secretary" for "commissioner", "that he or she" for "which", and "address" for "be addressed".

    Amendments--1975 Substituted "August 15" for "July 10" and deleted "cause the principals of the schools in the district to" preceding "return".

    § 476. Repealed. 1975, No. 48, § 14, eff. April 15, 1975.

    History

    Former § 476. Former § 476, relating to change of boundaries of incorporated school district, was derived from V.S. 1947, §§ 4468, 4469; P.L. §§ 4388, 4389; 1933, No. 157 , §§ 4118, 4119; G.L. §§ 1393, 1394; 1915, No. 64 , § 179; P.S. §§ 1142, 1143; V.S. § 807; 1894, No. 35 .

    § 477. Merger of town and incorporated school districts.

    1. An incorporated school district, by a majority vote of the legal voters present and voting at any meeting legally warned, may surrender its charter as a corporation for the maintenance of public schools or such part of its charter as pertains to the maintenance of public schools.  Such surrender shall take effect not later than July 1 following the vote so taken, and such school corporation shall cease to exist, and it shall become thereby a part of the town school district.  In the event of any such merger notwithstanding the provisions of section 423 of this title, the directors of the incorporated school district holding office at the time of the merger shall become members of the board of school directors of the town school district and shall continue in that office until the expiration of the terms for which they were elected by the incorporated school district.
    2. By a majority vote of the legal voters present and voting at any meeting legally warned, a town district may become a part of an incorporated district, provided the incorporated district, at a meeting legally warned, votes to accept such merger.  Such merger shall take effect July 1 following the vote so taken.  When such a merger has occurred, the incorporated district shall be considered a town district in all respects pertaining to the maintenance and administration of its public schools.
    3. In case of a union of an incorporated district and a town district under either subsection (a) or (b) of this section, each district shall settle its own business affairs and pay all its indebtedness, except for repairs and new buildings, shall deposit its records with the town clerk, and shall no longer exist except for the settlement of its own pecuniary affairs.  In effecting such settlement, a district may remain in existence for not more than five years for the purpose only of voting, assessing, and collecting a special tax annually to pay such indebtedness.

      Amended 1964, No. 7 (Sp. Sess.), eff. March 4, 1964.

    History

    Source. V.S. 1947, §§ 4470-4472. P.L. §§ 4390-4392. 1933, No. 66 , § 1. 1933, No. 157 , §§ 4120, 4121. G.L. §§ 1395-1397. 1917, No. 254 , § 1351. 1915, No. 64 , § 179. P.S. §§ 1144-1146. 1906, No. 58 , §§ 1-3. V.S. § 703. 1894, No. 31 .

    Revision note. Changed "section 381 of this title" to "section 423 of this title" in subsec. (a). Section 381 was repealed by 1969, No. 298 (Adj. Sess.), § 79. The subject matter is now covered by § 423 of this title.

    In subsec. (c), substituted "either subsection (a) or (b) of this section" for "either of the two preceding subsections" to conform reference to V.S.A. style.

    Amendments--1964 Subsec. (a): Added the third sentence.

    § 478. Prudential committee; vacancies.

    Unless the incorporated district has a provision in its charter to the contrary, when a vacancy occurs on a prudential committee, the remaining members shall appoint a person to fill the vacancy until the next annual or special meeting. The members shall choose the new member by majority vote of those present and voting.

    Added 2003, No. 112 (Adj. Sess.), § 1.

    ARTICLE 2. Officers

    § 491. Election; notice to clerk.

    At each annual meeting, an incorporated school district shall elect from among the legal voters of such district a moderator, collector, and treasurer and may elect a clerk. All school officers shall enter upon their duties on July 1, following their election or appointment. If a clerk is elected or appointed, then the clerk shall notify the town clerk within ten days of the election or appointment.

    Amended 2011, No. 129 (Adj. Sess.), § 21, eff. July 1, 2013.

    History

    Amendments--2011 (Adj. Sess.) Section amended generally.

    § 492. Powers, duties, and liabilities; bonds.

    1. The powers, duties, and liabilities of the collector, treasurer, prudential committee, and clerk shall be like those of a town collector, treasurer, board of school directors, and the school board clerk, respectively.
    2. Before entering upon their duties, the collector and treasurer shall give a bond to the district conditioned for the faithful performance of their duties, in such sum as may be required. When a collector or treasurer for ten days neglects to give a bond as required, his or her office shall be vacant.

      Amended 2011, No. 129 (Adj. Sess.), § 22, eff. July 1, 2013; 2013, No. 92 (Adj. Sess.), § 52, eff. Feb. 14, 2014.

    History

    Source. V.S. 1947, § 4451. P.L. § 4371. G.L. § 1376. 1917, No. 254 , § 1332. 1915, No. 64 , § 179. 1912, No. 79 , § 1. P.S. §§ 1128, 1139.

    Amendments--2013 (Adj. Sess.). Subsec. (b): Inserted "or her" following "his".

    Amendments--2011 (Adj. Sess.). Subsec. (a): Deleted "auditors" following "treasurer" in two places, and substituted "and the school board clerk, respectively" for "and the clerk of same, respectively".

    § 493. Moderator.

    The moderator shall preside at such district meetings; and, in his or her absence, a moderator pro tempore shall be chosen to preside.

    Amended 2013, No. 92 (Adj. Sess.), § 53, eff. Feb. 14, 2014.

    History

    Source. V.S. 1947, § 4452. P.L. § 4372. G.L. § 1377. 1917, No. 254 , § 1333. P.S. § 1126. V.S. § 788. 1888, No. 9 , § 78. R.L. § 513. 1872, No. 12 . G.S. 22, § 34. 1852, No. 38 , § 1. R.S. 18, § 9. 1827, No. 23 , § 7.

    Amendments--2013 (Adj. Sess.). Inserted "or her" following "his".

    § 494. Collector of taxes.

    The district may elect the collector of town taxes to be collector of taxes for the district, although he or she is not an inhabitant of that district. When a collector accepts the office, he or she shall do so in writing, and the acceptance shall be recorded by the clerk.

    Amended 2013, No. 92 (Adj. Sess.), § 54, eff. Feb. 14, 2014.

    History

    Source. V.S. 1947, § 4453. P.L. § 4373. G.L. § 1378. 1915, No. 64 , § 179. P.S. § 1141. V.S. § 787. 1888, No. 9 , § 77. R.L. § 510. G.S. 22, § 33. 1861, No. 12 .

    Amendments--2013 (Adj. Sess.). Section amended generally.

    § 495. Vacancies.

    1. When a vacancy occurs in the office of a district officer, the district shall fill the vacancy at a special meeting.
    2. A vacancy occurring in the office of clerk of an incorporated school district caused by death, resignation, or otherwise shall be filled by the prudential committee within ten days after such vacancy occurs.

    History

    Source. V.S. 1947, §§ 4450, 4455. P.L. §§ 4370, 4375. G.L. §§ 1375, 1380. 1917, No. 66 . 1917, No. 254 , §§ 1331, 1336. 1915, No. 64 , § 179. 1910, No. 65 , § 25. P.S. §§ 1122, 1130, 1139, 1140. R. 1906, § 1050. 1906, No. 60 , § 1. V.S. §§ 729, 783, 790, 791, 798, 806, 836, 837, 845. 1894, No. 162 , §§ 802, 803. 1892, No. 21 , § 14. 1890, No. 5 , § 18. 1888, No. 9 , §§ 73, 80, 88. R.L. 18, §§ 9, 518. 1868, No. 36 . G.S. 22, §§ 32, 35, 73. 1861, No. 11 . 1854, No. 42 . 1848, No. 37 . R.S. 18, § 9. 1830, No. 23 . 1827, No. 23 , § 7. 1809, p. 96, § 1. R. 1797, p. 494, § 2. R. 1787, p. 136.

    ANNOTATIONS

    1. Collector.

    If office of collector was vacant, district could appoint new collector, but could not appoint collector pro tempore or to collect arrearages. Hadley v. Chamberlin, 11 Vt. 618 (1839).

    § 496. Books and papers to be turned over to successor.

    When a district office becomes vacant by expiration of the term of office of the incumbent or otherwise, and a successor is elected or appointed, the successor shall, on demand, be entitled to receive the books and papers of the office from the last incumbent or anyone having the books and papers in his or her possession. A person having books or papers in his or her possession who refuses for ten days, after demand, to surrender them to the successor shall be fined $10.00.

    Amended 2013, No. 92 (Adj. Sess.), § 55, eff. Feb. 14, 2014.

    History

    Source. V.S. 1947, § 4456. P.L. § 4376. G.L. § 1381. 1915, No. 64 , § 179. P.S. §§ 1131, 3511. V.S. §§ 799, 3061. 1884, No. 25 . R.L. §§ 2687, 2720, 2847. G.S. 15, §§ 40, 75. G.S. 20, § 33. R.S. 13, §§ 36, 57. R.S. 16, § 28. R. 1797, p. 279, § 22. R. 1797, p. 284, § 3. R. 1797, p. 295, § 23.

    Amendments--2013 (Adj. Sess.). Section amended generally.

    ARTICLE 3. Taxes

    § 511. Budget.

    1. At a meeting legally warned for that purpose, the electorate within an incorporated school district shall vote such sums of money as it deems necessary for the support of schools. If the sums are not approved or acted upon at the annual meeting, the electorate shall vote the questions at a duly warned special school district meeting. A district may vote money necessary for the support of schools to the end of the full school year next ensuing.
    2. If the electorate of an incorporated school district votes for its budget by Australian ballot, it shall do so using ballot language jointly developed by the Secretary of Education and Secretary of State and adopted by the State Board by rule.

      Amended 1981, No. 133 (Adj. Sess.), § 1, eff. April 2, 1982; 1997, No. 60 , § 27, eff. July 1, 1998; 1997, No. 71 (Adj. Sess.), §§ 2, 84, eff. March 11, 1998, § 72, eff. Jan. 1, 1999; 1999, No. 1 , § 60d, eff. March 31, 1999; 1999, No. 1 52 (Adj. Sess.), § 166b; 2003, No. 36 , § 4; 2003, No. 68 , § 2; 2013, No. 92 (Adj. Sess.), § 56, eff. Feb. 14, 2014.

    History

    Source. V.S. 1947, § 4462. 1939, No. 89 , § 1. P.L. § 4382. G.L. § 1387. 1917, No. 254 , § 1343. 1915, No. 64 , § 179. 1912, No. 79 , § 1. P.S. § 1149. V.S. §§ 840, 845. 1888, No. 9 , §§ 202, 207. R.L. §§ 631, 636. G.S. 22, §§ 47, 51. R.S. 18, §§ 16, 19. 1827, No. 23 , §§ 11, 12. R. 1797, p. 495. § 3. R. 1787, p. 137.

    Revision note. Reference to "poll taxes" removed pursuant to 1977, No. 118 (Adj. Sess.), § 1(b), which provides that references to "poll taxes" and "polls" are deleted from Vermont Statutes Annotated, effective July 1, 1982.

    Amendments--2013 (Adj. Sess.). Subsec. (a): Inserted "the electorate within" following "purpose" and "district" following "school"; substituted "the" for "such" preceding "sums" and "questions" and deleted "therein" following "schools".

    Subsec. (b): Substituted "Secretary of Education and Secretary of State" for "commissioner and secretary of state" and "State Board" for "commissioner".

    Amendments--2003. Repealed subsecs. (b)-(e) and redesignated former subsec. (f) as present subsec. (b). Effective July 1, 2004.

    Amendments--1999 (Adj. Sess.). Deleted "equalized" preceding "yield amount" in subsecs. (b)-(d).

    Amendments--1999 Subsec. (b): Substituted "bill each property taxpayer for the" for "determine each taxpayer's" in the second sentence and substituted "Homesteads shall be billed" for "but" at what was previously the end of the second sentence and now is the beginning of the third sentence.

    Amendments--1997 (Adj. Sess.) Subsec. (a): Deleted "and shall express in its vote the specific amounts voted for deficit, if any, for current expenses, capital improvements or other lawful purposes" following "support of schools" in the first sentence.

    Subsec. (b): Substituted "determine each taxpayer's" for "bill each property taxpayer for the" preceding "local share" and "and may use" for "using" preceding "tax classifications" and deleted "homesteads shall be billed" preceding "without regard" in the second sentence.

    Subsec. (d): Added the last sentence.

    Subsec. (e): Added the last sentence.

    Amendments--1997 Section amended generally.

    Amendments--1981 (Adj. Sess.) In the second sentence, inserted "and he" following "collection", and, in the third sentence, inserted "including the collection of interest on overdue taxes" preceding "as selectmen".

    Applicability--1977 (Adj. Sess.) 1977, No. 118 (Adj. Sess.), § 15, eff. Feb. 3, 1978, provided that if any town comprising all or part of an incorporated school district did not vote to levy and collect poll taxes, that school district could not assess taxes under this section upon the polls of the residents of that or any other town or part thereof in the district.

    ANNOTATIONS

    Analysis

    1. Constitutionality.

    The current system for funding public education in Vermont is in violation of the State Constitution. A legitimate governmental purpose cannot be fathomed to justify the gross inequities in educational opportunities produced by this system, with its substantial dependence on local property taxes and resultant wide disparities in revenues available to local school districts. The distribution of a resource as precious as educational opportunity may not have as its determining force the mere fortuity of a child's residence. Brigham v. State, 166 Vt. 246, 692 A.2d 384 (1997), (decided under facts existing before 1997 amendments of Title 16).

    2. Prior law.

    Under school act of Nov. 1827, and explanatory act of 1833, voters in any school district could assess tax for support of school only on such scholars as actually attended school. Brown v. Hoadley, 12 Vt. 472 (1839).

    3. Vote.

    Vote to sustain school for definite period was not equivalent to vote to defray expenses of that school by tax on grand list. Adams v. Crowell, 40 Vt. 31 (1867).

    Vote by school district that tax be raised to pay expenses of repairs of their school house was sufficient and valid, without limitation as to amount of tax or its rate percent. Adams v. Hyde, 27 Vt. 221 (1855).

    School district could raise money for building school house or supporting school only by vote of district in meeting legally warned. Chandler v. Bradish, 23 Vt. 416 (1851); Bowen v. King, 34 Vt. 156 (1861).

    4. Committee.

    Committee in assessing tax had right to anticipate wants of district, and could legally assess it at reasonable time before money was required. Brock v. Bruce, 59 Vt. 313, 10 A. 93 (1887).

    Money borrowed by school committee without authority, but on credit, of the district, and used to supply a temporary need in paying expenses of school, could be treated as if borrowed of themselves, and as part of expenses for which tax might legally be assessed under vote of district. Brock v. Bruce, 59 Vt. 313, 10 A. 93 (1887).

    Issuing of one rate bill, whether valid or invalid, did not exhaust power of prudential committee, but they could legally issue another bill for same tax. Eddy v. Wilson, 43 Vt. 362 (1871).

    Committee appointed by school district to remove schoolhouse of district had no authority to assess tax to defray expenses of such removal, or to make out rate bill of such tax or certify to its correctness, notwithstanding money for purpose was voted by district, since prudential committee of district was alone authorized by law. Johnson v. Sanderson, 34 Vt. 94 (1861).

    5. Warrant.

    Neglect to comply with provision of statute requiring warrant for collection of school tax to specify limited time within which tax was to be collected was not defect of which person taxed could take advantage; and though it might render the warrant informal and defective as between district and collector, it did not invalidate action taken by latter to collect tax. Walker v. Miner, 32 Vt. 769 (1860).

    6. Presumption.

    It was presumed that an appropriation of public money by school district officers to pay for repairs of schoolhouse was authorized by district, when it did not appear whether it was or not. Brock v. Bruce, 59 Vt. 313, 10 A. 93 (1887).

    7. Collateral impeachment of proceedings.

    Where school districts keep within limits of their corporate powers, their proceedings in raising and expending money cannot be collaterally impeached and held void because, in opinion of court and jury, less sum would have answered immediate necessities of corporation, or money might have been more judiciously and economically expended. Eddy v. Wilson, 43 Vt. 362 (1871).

    Cited. Anderson v. State, 168 Vt. 641, 723 A.2d 1147 (mem.) (1998).

    Law review commentaries

    Law review. For article, "No Simple Disposition": The Brigham Case and the Future of Local Control Over School Spending in Vermont, see 22 Vt. L. Rev. 21 (1997).

    § 512. Payment of monies collected to treasurer.

    On the written request of one or more members of the prudential committee, a school district tax collector shall pay to the treasurer monies belonging to the district that have been collected to the date of the request and submit his or her tax book and list to the treasurer for inspection and computation. A tax collector who neglects to do so within ten days after receiving the request shall forfeit to the school district $100.00, to be recovered in an action on this statute, and the office of tax collector shall be vacant.

    Amended 2013, No. 92 (Adj. Sess.), § 57, eff. Feb. 14, 2014.

    History

    Source. V.S. 1947, § 4463. P.L. § 4383. 1933, No. 157 , § 4113. G.L. § 1388. 1917, No. 254 , § 1344. 1915, No. 64 , § 179. 1912, No. 79 , § 1. P.S. § 1150. V.S. § 846. 1888, No. 9 , § 208. 1884, No. 40 . R.L. § 637. 1874, No. 11 , §§ 2, 3.

    Revision note. Deleted "of tort" following "action" in the second sentence to conform language to Rule 2, Vermont Rules of Civil Procedure, pursuant to 1971, No. 185 (Adj. Sess.), § 236(d). See note set out under 4 V.S.A. § 219.

    Amendments--2013 (Adj. Sess.). Section amended generally.

    § 513. Repealed. 2007, No. 66, § 15.

    History

    Former § 513. Former § 513, relating to district-authorized discount for person pre-paying education tax, was derived from V.S. 1947, §§ 4464, 4465; P.L. §§ 4384, 4385; G.L. §§ 1389, 1390; 1915, No. 64 , § 179; 1912, No. 79 , § 1. P.S. §§ 1151, 1152; V.S. §§ 841, 842; 1888, No. 9 , §§ 203, 204; R.L. § 632 and 1874, No. 14 .

    Annotations From Former § 513

    1. Vote authorizing discount.

    No deduction could be made by town for discount on taxes paid before due date thereof, except in those few instances where an incorporated school district was located within township which had by vote provided for specific discount authorized by this section. 1948-50 Op. Atty. Gen. 102.

    § 514. Abatement.

    The officers of the district, except the tax collector, shall be a board for the abatement of district taxes, and it shall have the same power that the board for the abatement of town taxes has in the abatement of municipal taxes. On request of the tax collector, the prudential committee shall call a meeting of the board in the month of February in each year, by posting a notice in three public places in the district at least five days before the meeting.

    Amended 2013, No. 92 (Adj. Sess.), § 58, eff. Feb. 14, 2014.

    History

    Source. V.S. 1947, § 4466. P.L. § 4386. 1933, No. 157 , § 4116. G.L. § 1391. 1917, No. 254 , § 1347. 1915, No. 64 , § 179. 1912, No. 79 , § 1. P.S. §§ 1139, 1154. V.S. § 844. 1890, No. 5 , § 2. 1888, No. 9 , § 206. R.L. § 635. 1878, No. 123 .

    Amendments--2013 (Adj. Sess.). Inserted "tax" preceding "collector" in two places; and substituted "municipal" for "such" preceding "taxes".

    § 515. Payment of a deficit.

    When a demand is made upon a district for the payment of an execution issued against it and the district has no available funds to pay the same, the prudential committee shall borrow funds sufficient to pay such execution and related charges and shall add the debt to the following year's adopted budget pursuant to 24 V.S.A. § 1523(b) .

    Amended 1997, No. 71 (Adj. Sess.), § 108, eff. March 11, 1998.

    History

    Source. V.S. 1947, § 4467. P.L. § 4387. G.L. § 1392. 1915, No. 64 , § 179. 1912, No. 79 , § 1. P.S. §§ 1139, 1155. V.S. § 847. 1888, No. 9 , § 209. R.L. § 679. G.S. 85, § 14. R.S. 78, § 11. R. 1797, p. 301, § 5. R. 1787, p. 31.

    Amendments--1997 (Adj. Sess.). Section amended generally.

    Subchapter 3. Demonstration School Districts

    §§ 541-549. Repealed. 1973, No. 23, § 1, eff. March 1, 1973.

    History

    Former §§ 541-549. Former §§ 541-549, relating to demonstration school districts, were derived from 1969, No. 91 , § 1.

    Subchapter 4. Other Provisions

    § 551. Application of laws to school districts.

    Unless otherwise specifically provided in statute with respect to a class of school district or in a municipal charter, the laws of this title, the laws pertaining to municipal corporations, and the rules of the State Board shall apply to all school districts.

    Added 1969, No. 298 (Adj. Sess.), § 28; amended 2013, No. 92 (Adj. Sess.), § 59, eff. Feb. 14, 2014.

    History

    1969. Sections 305-317 of this title, as added by 1969, No. 298 (Adj. Sess.), §§ 28-40, were renumbered as §§ 551-563 to avoid confusion with existing section numbers.

    Amendments--2013 (Adj. Sess.). Inserted "in statute" following "provided"; substituted "a municipal charter" for "the charter of a city" and "rules" for "regulations".

    § 552. Validation of school districts and bonds voted for school construction.

    No action shall be brought directly or indirectly attacking, questioning, or in any manner contesting the legality of the formation, or the existence as a body corporate and politic of any union school district created pursuant to chapter 11 of this title after six months from the date of recording in the office of the Secretary of State the certificate of the Secretary of Education designating the district as required by section 706g of this title; nor shall any action be brought directly or indirectly attacking, questioning, or in any manner contesting the legality or validity of bonds, issued or unissued, voted by a school district after six months from the date upon which voters in the school district met pursuant to warning and voted affirmatively to issue bonds to defray the cost of school improvements. This section shall be liberally construed to effect the legislative purpose to validate and make certain the legal existence of all school districts in this state and the validity of bonds issued by school districts, and to bar every right to question the existence of a school district or the validity of a bond voted by it, in any manner, and to bar every remedy therefor notwithstanding any defects or irregularities, jurisdictional or otherwise, after the expiration of the six-month period.

    Added 1969, No. 298 (Adj. Sess.), § 29; amended 1971, No. 46 , eff. April 7, 1971; 2013, No. 92 (Adj. Sess.), § 60, eff. Feb. 14, 2014.

    History

    1969. Section renumbered, see note set out under § 551 of this title.

    Revision note - Deleted "at law or in equity" following "action" to conform language to Rule 2, Vermont Rules of Civil Procedure, pursuant to 1971, No. 185 (Adj. Sess.), § 236(d). See note set out under 4 V.S.A. § 219.

    Editor's note. Although 1989, No. 118 , § 3, amended each section of this title containing the word "certificate" by substituting therefor "license", the word "certificate" appearing in the first sentence was not changed to "license" in view of the context of the reference.

    Amendments--2013 (Adj. Sess.). Section amended generally.

    Amendments--1971 Section amended generally.

    ANNOTATIONS

    1. Applicability.

    The time limitation of six months expressed in this section governs amendments to union school district formation agreements, as well as the original agreements themselves. Bethel v. Mount Anthony Union High School District, 173 Vt. 633, 795 A.2d 1215 (mem.) (2002).

    § 553. Qualification of voters at school district meetings.

    A person is qualified to vote at a school district meeting if by meeting day he or she would be eligible to vote at a town meeting held on that day.

    Added 1969, No. 298 (Adj. Sess.), § 30; amended 2013, No. 92 (Adj. Sess.), § 61, eff. Feb. 14, 2014.

    History

    1969. Section renumbered, see note set out under § 551 of this title.

    Amendments--2013 (Adj. Sess.). Inserted "or she" following "he".

    § 554. School board meetings; majority vote, quorum, Robert's Rules, public participation.

    1. A majority of the members of the board shall constitute a quorum. Notwithstanding 1 V.S.A. § 172 , the concurrence of a majority of members present at a school board meeting shall be necessary and sufficient for board action.
    2. A school board meeting shall be conducted in accordance with the Vermont Open Meeting Law. Robert's Rules of Order shall govern the conduct of school board meetings. A school board shall afford a reasonable opportunity to any person in the school district to appear and express views in regard to any matter considered by the school board and, if requested to do so, shall give reasons for its action in writing.

      Added 1969, No. 298 (Adj. Sess.), § 31; amended 1975, No. 48 , § 5, eff. April 15, 1975; 1991, No. 181 (Adj. Sess.), § 13.

    History

    1969. Section renumbered, see note set out under § 551 of this title.

    Amendments--1991 (Adj. Sess.) Rewrote the section heading and the first sentence of subsec. (a) and added the second sentence of that subsec. and the first sentence of subsec. (b).

    Amendments--1975 Subsec. (a): Substituted "meeting called under sections 312 and 313 of Title 1" for "properly called meeting" following "present at a" and deleted the second sentence.

    Cross References

    Cross references. Open meetings generally, see 1 V.S.A. chapter 5, subchapter 2.

    ANNOTATIONS

    Cited. LaFlamme v. Essex Junction School District, 170 Vt. 475, 750 A.2d 993, cert. denied, 531 U.S. 927, 121 S. Ct. 304, 148 L. Ed. 2d 244 (2000).

    § 555. No liability for unauthorized or deficit spending.

    1. It is the intent of the General Assembly that school boards should spend within the amount authorized by the electorate pursuant to this title and should not incur a deficit. However, the General Assembly recognizes that in the course of a school district budget year it may be necessary for expenditures to exceed revenues received or the amount authorized by the electorate.
    2. A school board member shall not be liable under any law, including any criminal law, on the sole basis that the board has spent more than authorized under this title or that a deficit, as defined in 24 V.S.A. § 1523 , has occurred.

      Added 1969, No. 298 (Adj. Sess.), § 32; amended 1995, No. 155 (Adj. Sess.), § 1; 2001, No. 8 , § 4; 2013, No. 92 (Adj. Sess.), § 62, eff. Feb. 14, 2014.

    History

    1969. Section renumbered, see note set out under § 551 of this title.

    Revision note - Deleted "of tort" following "action" to conform language to Rule 2, Vermont Rules of Civil Procedure, pursuant to 1971, No. 185 (Adj. Sess.), § 236(d). See note set out under 4 V.S.A. § 219.

    Amendments--2013 (Adj. Sess.). Subsec. (a): Substituted "pursuant to" for "under sections 428, 511 or 711a of".

    Subsec. (b): Deleted "sections 428, 511 or 711a of" following "under"; substituted "24 V.S.A. § " for "section" and deleted "of Title 24" following "1523".

    Amendments--2001. Substituted "711a" for "711" in subsecs. (a) and (b).

    Amendments--1995 (Adj. Sess.) Section amended generally.

    ANNOTATIONS

    1. Insurance coverage.

    Question of whether individual school board members were covered under school board's education liability policy where school district sued board members under this section for allowing a deficit to accumulate required resolution at trial and could not be resolved on summary judgment motion in which insurer sought declaratory judgment that it would violate public policy for school board to fund its deficit through insurance proceeds. Wood v. Vermont Insurance Management, Inc., 749 F. Supp. 558 (D. Vt. 1990). (Decided under prior law.)

    § 556. Liability for damage to textbook or learning materials.

    The parent or guardian of a student shall be liable to a school district for damage occasioned by loss, destruction, injury, or detention by the student of a textbook or other learning materials, to be recovered in an action on this statute in the name of the district.

    Added 1969, No. 298 (Adj. Sess.), § 33; amended 2013, No. 92 (Adj. Sess.), § 63, eff. Feb. 14, 2014.

    History

    1971 (Adj. Sess.). Deleted "of tort" following "action" to conform language to Rule 2, Vermont Rules of Civil Procedure, pursuant to 1971, No. 185 (Adj. Sess.), § 236(d). See note set out under 4 V.S.A. § 219.

    1969. Section renumbered, see note set out under § 551 of this title.

    Amendments--2013 (Adj. Sess.). Substituted "student" for "pupil" preceding "shall" and "the student" for "such pupil" following "detention by".

    § 557. Gratuity or compensation prohibited.

    1. A member of the State Board, a supervisory union board, or a school board, the Secretary, and any person employed by one of the boards or by the Agency shall not solicit or receive directly or indirectly any gift or compensation for recommending or voting on any finding, ruling, decision, or report, or voting to procure any service, thing, or supply purchased with public funds. A violation of this provision is subject to 13 V.S.A. § 1106(b) .
    2. A member of the State Board, a supervisory union board or a school board, and any person employed by one of the boards shall not receive directly or indirectly anything of value, by contract or otherwise, from the school district or supervisory union he or she serves unless it is received:
      1. as a result of a contract accepted after a public bid in accordance with law;
      2. in public recognition of service or achievement;
      3. as regular salary or expenses allowed by law for official duties performed as a member of the board; or
      4. for employment according to the provisions of section 558 of this title.
    3. No school board member or supervisory union board member shall vote on any contract or purchase in which he or she has a direct or indirect interest.
    4. A person who violates subsection (b) or (c) of this section shall be fined not more than $1,000.00 and shall be incapable of holding elective or appointed office in this State for two years next ensuing.

      Added 1969, No. 298 (Adj. Sess.), § 34; amended 1989, No. 188 (Adj. Sess.), § 1; 2013, No. 92 (Adj. Sess.), § 64, eff. Feb. 14, 2014.

    History

    Revision note. Section renumbered, see note set out under § 551 of this title.

    Amendments--2013 (Adj. Sess.). Section amended generally.

    Amendments--1989 (Adj. Sess.) Section amended generally.

    § 558. Eligibility for election to a school board; employment of school board members.

    1. A legal voter in a school district shall be eligible for election to a school board; however, a member of a school board may not be regularly employed by the school district or by a school district within the same supervisory union, or by the same supervisory union during the board member's term of office.
    2. The Secretary may waive the provisions of this section for employment of a specific individual as a substitute teacher, coach, or supervisor of extracurricular activities for a period not to exceed one year, which may be renewed if the school district or supervisory union is unable to hire another qualified person through no fault of its own.

      Added 1969, No. 298 (Adj. Sess.), § 35; amended 1989, No. 188 (Adj. Sess.), § 2; 2013, No. 92 (Adj. Sess.), § 65, eff. Feb. 14, 2014.

    History

    1969. Section renumbered, see note set out under § 551 of this title.

    Amendments--2013 (Adj. Sess.). Subsec. (a): Deleted the former second sentence.

    Subsec. (b): Amended generally.

    Amendments--1989 (Adj. Sess.) Section amended generally.

    § 559. Public bids.

    1. Cost threshold.  When the cost exceeds $15,000.00, a school board or supervisory union board shall publicly advertise or invite three or more bids from persons deemed capable of providing items or services if costs are in excess of $15,000.00 for any of the following:
      1. the construction, purchase, lease, or improvement of any school building;
      2. the purchase or lease of any item or items required for supply, equipment, maintenance, repair, or transportation of students; or
      3. a contract for transportation, maintenance, or repair services.
    2. High-cost construction contracts.  When a school construction contract exceeds $500,000.00:
      1. The State Board shall establish, in consultation with the Commissioner of Buildings and General Services and with other knowledgeable sources, general rules for the prequalification of bidders on such a contract. The Department of Buildings and General Services, upon notice by the Secretary, shall provide to school boards undergoing construction projects suggestions and recommendations on bidders qualified to provide construction services.
      2. At least 60 days prior to the proposed bid opening on any construction contract to be awarded by a school board that exceeds $500,000.00, the school board shall publicly advertise for contractors interested in bidding on the project. The advertisement shall indicate that the school board has established prequalification criteria that a contractor must meet and shall invite any interested contractor to apply to the school board for prequalification. All interested contractors shall submit their qualifications to the school board, which shall determine a list of eligible prospective bidders based on the previously established criteria. At least 30 days prior to the proposed bid opening, the school board shall give written notice of the board's determination to each contractor that submitted qualifications. The school board shall consider all bids submitted by prequalified bidders meeting the deadline.
    3. Contract award.
      1. A contract for any such item or service to be obtained pursuant to subsection (a) of this section shall be awarded to one of the three lowest responsible bids conforming to specifications, with consideration being given to quantities involved, time required for delivery, purpose for which required, competency and responsibility of bidder, and his or her ability to render satisfactory service. A board shall have the right to reject any or all bids.
      2. A contract for any property, construction, good, or service to be obtained pursuant to subsection (b) of this section shall be awarded to the lowest responsible bid conforming to specifications. However, when considering the base contract amount and without considering cost overruns, if the two lowest responsible bids are within one percent of each other, the board may award the contract to either bidder. A board shall have the right to reject any bid found not to be responsible or conforming to specifications or to reject all bids.
    4. Construction management.  The school board may contract for the service of construction management to assist in a school construction project. The State Board, in consultation with the Commissioner of Buildings and General Services and other knowledgeable sources, shall adopt rules defining the term "construction management" and specifying the nature of bidding requirements under construction management services in order to assist school boards to comply with the public bidding requirements of this section.
    5. Application of this section.  Any contract entered into or purchase made in violation of the provisions of this section shall be void; provided, however, that:
      1. The provisions of this section shall not apply to contracts for the purchase of books or other materials of instruction.
      2. A school board may name in the specifications and invitations for bids under this section the particular make, kind, or brand of article or articles to be purchased or contracted.
      3. Nothing in this section shall apply to emergency repairs.
      4. Nothing in this section shall be construed to prohibit a school board from awarding a school nutrition contract after using any method of bidding or requests for proposals permitted under federal law for award of the contract. Notwithstanding the monetary amount in subsection (a) of this section for which a school board is required to advertise publicly or invite three or more bids or requests for proposal, a school board is required to publicly advertise or invite three or more bids or requests for proposal for purchases made from the nonprofit school food service account for purchases in excess of the federal simplified acquisition threshold when purchasing food or in excess of $25,000.00 when purchasing nonfood items, unless a municipality sets a lower threshold for purchases from the nonprofit school food service account.
      5. Nothing in this section shall prevent school districts or supervisory unions from entering into agreements with other school districts or supervisory unions to conduct joint bidding procedures otherwise consistent with this section.
      6. Nothing in this section shall require a school board to invite or advertise for bids if it elects to purchase goods, materials, or supplies through the Commissioner of Buildings and General Services, pursuant to 29 V.S.A. chapter 49.
      7. Nothing in this section shall require a school board or supervisory union board to invite or advertise for bids if it is renewing a contract entered into pursuant to subsection (a) of this section, provided that annual costs will not increase more than the most recent New England Economic Project Cumulative Price Index, as of November 15, for State and local government purchases of goods and services, the total amount of the contract does not exceed an increase of 30 percent more than the total amount of the original contract, and the contract for the renewal period allows termination by the board following an annual review of performance.
    6. Waivers.  The State Board shall by rule adopt standards governing the authority of the Secretary to grant individual waivers to the provisions of this section. The rules, at minimum, shall require the school board seeking the waiver to demonstrate to the Secretary that it is unable to comply with the bidding procedure through no fault of its own, and that it has proposed an alternative method of minimizing costs through a fair and public process.
    7. Violations.  The State Board may deny State aid for school construction and for debt service on a project that proceeds in violation of this section.

      Added 1969, No. 298 (Adj. Sess.), § 36; amended 1971, No. 232 (Adj. Sess.), § 1, eff. April 5, 1972; 1989, No. 188 (Adj. Sess.), § 3; 1993, No. 233 (Adj. Sess.), § 75, eff. June 21, 1994; 1995, No. 185 (Adj. Sess.), § 86, eff. May 22, 1996; 1999, No. 77 (Adj. Sess.), § 1; 1999, No. 148 (Adj. Sess.), § 76, eff. May 24, 2000; 2003, No. 12 , § 1; 2005, No. 54 , § 3; 2007, No. 66 , § 3; 2013, No. 92 (Adj. Sess.), § 66, eff. Feb. 14, 2014; 2017, No. 63 , § 2; 2019, No. 34 , § 5; 2019, No. 131 (Adj. Sess.), § 63.

    History

    1969. Section renumbered, see note set out under § 551 of this title.

    Amendments--2019 (Adj. Sess.). Subsec. (a): Inserted "Cost threshold."

    Subsec. (b): Inserted "High-cost construction contracts."

    Amendments--2019. Subdiv. (e)(4): Inserted "the federal simplified acquisition threshold when purchasing food or in excess of" preceding "$25,000.00," and "when purchasing nonfood items" following "$25,000.00" in the second sentence.

    Amendments--2017. Subdiv. (e)(4): Added the second sentence.

    Amendments--2013 (Adj. Sess.). Section amended generally.

    Amendments--2007. Subdiv. (c)(2): Inserted "when considering the base contract amount and without considering cost overruns," in the second sentence.

    Amendments--2005 Subdiv. (e)(7): Substituted "recent New England Economic Project cumulative price index, as of November 15" for "recent Cumulative Price Index as of December 1".

    Amendments--2003. Subsec. (a): Amended generally.

    Subsec. (e): Added subdiv. (e)(7).

    Amendments--1999 (Adj. Sess.). Subsec. (b): Act No. 140 substituted "$500,000.00" for "$250,000.00" in the introductory paragraph and in the first sentence of subdiv. (2); substituted "commissioner of buildings and general services and with other" for "commissioner of state buildings and other" in the first sentence of subdiv. (1); and added the second sentence.

    Subsec. (e): Act No. 77 amended generally.

    Amendments--1995 (Adj. Sess.) Section amended generally.

    Amendments--1993 (Adj. Sess.) Section amended generally.

    Amendments--1989 (Adj. Sess.) Designated existing provisions of section as subsec. (a) and, in that subsec., deleted "or" preceding "equipment" and inserted "maintenance, repair or transportation service" thereafter, "or supervisory union board" preceding "shall publicly" and "or service" following "items" in the first sentence, substituted "item or service" for "school building, improvement, supply or other equipment" following "any such," inserted "or her" preceding "ability" and deleted "school" preceding "boards shall" in the second sentence, deleted "school" preceding "board may" in the third sentence, and added subsec. (b).

    Amendments--1971 (Adj. Sess.) Substituted "unless otherwise authorized by the commissioner of education, when" for "where" at the beginning of the first sentence.

    § 560. Condemnation for school purposes.

    A school board, or the board of trustees of a public school, may acquire land for school purposes by condemnation. Condemnation shall be accomplished by the procedures and be governed by the limitations established in 24 V.S.A. chapter 77, except that the school board, school district officers, or board of trustees, as the case may be, shall exercise the powers and have the responsibilities given the officers of municipalities in 24 V.S.A. chapter 79.

    Added 1969, No. 298 (Adj. Sess.), § 37.

    History

    1969. Section renumbered, see note set out under § 551 of this title.

    Revision note - Substituted "24 V. S. A. chapter 77," for "chapter 63 of Title 24" and "24 V. S. A. chapter 79" for "chapter 65 of Title 24" to conform to the renumbering of those chapters.

    § 561. Election of school board members; oath; chair; clerk.

    1. School board members shall be sworn before entering upon the duties of their office. At the meeting next following the election of a school board member, the school board shall elect one of its number to serve as the chair and one other of its number to serve as the clerk. The clerk may be paid upon order of the school board. The clerk shall keep a permanent record of the proceedings of the school board. In the clerk's absence, another member of the school board shall assume the clerk's duties.
    2. At least annually, the chairs of each school board within a supervisory union, the chair of the supervisory union board, and the superintendent shall jointly participate in at least eight hours of professional training that, at a minimum, addresses:
      1. educational leadership;
      2. the relative roles and responsibilities of the supervisory union board, the school district boards, and the superintendent;
      3. the Vermont Open Meeting Law, 1 V.S.A. §§ 310-314 ;
      4. Vermont law regarding access to public records, 1 V.S.A. §§ 315-320 ;
      5. collective bargaining; and
      6. education funding and school finance laws.

        Added 1969, No. 298 (Adj. Sess.), § 38; amended 2007, No. 66 , § 4; 2013, No. 56 , § 13, eff. May 30, 2013; 2013, No. 92 (Adj. Sess.), § 67, eff. Feb. 14, 2014.

    History

    1969. Section renumbered, see note set out under § 551 of this title.

    Amendments--2013 (Adj. Sess.). Made the same minor grammatical changes as in 2013, No. 56 .

    Amendments--2013. Added the subsec. (a) designation; made minor grammatical changes to subsec. (a) to conform to V.S.A. style; and added subsec. (b).

    Amendments--2007. Rewrote the section heading; deleted the former first sentence; substituted "chair" for "chairman" in the second sentence; substituted "The clerk" for "He" at the beginning of the fourth sentence; and substituted "the clerk's" for "his" in the fifth and sixth sentences.

    § 562. Powers of electorate.

    At a school district meeting, the electorate:

    1. Shall conduct meetings in accordance with Robert's Rules of Order, unless other rules of order are specifically adopted at a meeting.
    2. Shall elect a moderator at the annual meeting who shall preside at the district meetings, regulate the business thereof, decide questions of order, and make a public declaration of every vote. The moderator may administer oaths to district officers and newly elected school board members. In the moderator's absence, a moderator pro tempore shall be chosen to preside.
    3. May elect a school district clerk at the annual meeting who shall keep a true record of all proceedings at each district meeting, certify its records, make an attested copy of any records of the district for any person upon request and tender of reasonable fees therefor, if so appointed serve as secretary of the school board, and perform such other duties as may be required by law.
    4. May authorize the school board to retain a public accountant, licensed in this State, to examine the accounts of the treasurer and the school board at the close of each fiscal year and at such other times whenever necessary, and report to the district whether the same are correctly cast and properly vouched.
    5. May vote annual salaries for school board members.
    6. May authorize the payment of actual and necessary expenses of school board members when traveling in the performance of duty.
    7. May authorize the school board to enter into leases of real property for more than three years, to purchase buildings or sites for school purposes, to locate and erect schoolhouses, and to sell, or otherwise dispose of, schoolhouses or sites for same.
    8. Shall authorize at each annual school district meeting an amount of money from all revenue sources to be expended by the board for the support of public schools; and, except for one-time purchase items that the board warns as a separate article, the board shall determine how the authorized funds shall be expended.
    9. May authorize the school board to borrow money not in excess of anticipated revenue for the school year by issuing bonds or notes.
    10. Shall elect school board directors and other officers as are required for each class of school district.
    11. May grant general authority to the school board, at the request of the board, to incur debt at any time within the subsequent five years to finance the cost of school-building energy improvements not to exceed $350,000.00 per building in any three-year period and payable over a maximum term coextensive with the useful life of the financed improvements, but not to exceed ten years, provided that the avoided costs attributable to the financed improvements exceed the annual payment of principal and interest of the indebtedness. No indebtedness shall be incurred under this subdivision unless the entity appointed as an energy efficiency utility under 30 V.S.A. § 209(d)(2) , an independent licensed engineer, or an independent licensed architect has certified to the district the cost of the improvements to be financed, the avoided costs attributable to the improvements, and the adequacy of debt service coverage from the avoided costs over the term of the proposed indebtedness.

      Added 1969, No. 298 (Adj. Sess.), § 39; amended 1975, No. 192 (Adj. Sess.), § 3; 1979, No. 23 , § 3; 2003, No. 12 , § 2; 2005, No. 54 , § 4; 2005, No. 182 (Adj. Sess.), § 2; 2011, No. 58 , § 32, eff. May 31, 2011; 2013, No. 92 (Adj. Sess.), § 68, eff. Feb. 14, 2014.

    History

    1969. Section renumbered, see note set out under § 551 of this title.

    Editor's note. Although 1989, No. 118 , § 3, amended each section of this title containing the word "certify" by substituting therefor "license", the word "certify" appearing in subdiv. (3) was not changed to "license" in view of the context of the reference.

    Amendments--2013 (Adj. Sess.). Subdiv. (9): Substituted "not in excess of anticipated revenue for the school year by issuing" for "by issuance of" preceding "bonds" and deleted "not in excess of anticipated revenue for the school year" following "notes".

    Amendments--2011. Subdiv. (11): Added.

    Amendments--2005 (Adj. Sess.). Subdiv. (8): Inserted "except for one-time purchase items which the board warns as a separate article" preceding "the board".

    Subdiv. (11): Repealed.

    Amendments--2005 Subdiv. (8): Substituted "authorize" for "vote" preceding "at each", "an amount of money from all revenue sources to be expended by the board" for "a sum of money necessary" following "meeting", and "authorized" for "voted" preceding "funds".

    Amendments--2003. Subsec. (7): Deleted "or personal" following "real".

    Amendments--1979 Subdiv. (3): Substituted "may" for "shall" preceding "elect".

    Amendments--1975 (Adj. Sess.) Subdiv. (11): Added.

    Cross References

    Cross references. School board's authority to borrow without electorate approval, see § 566 of this title.

    ANNOTATIONS

    Analysis

    1. Construction with other law.

    Notwithstanding the fact that the voters of a union school district have the authority to approve the budget and to authorize various transactions, such as the purchase or lease of land and the borrowing of money, the broad power conferred on school directors of union school districts by the Vermont Legislature is sufficiently governmental in nature to require the application of the one person, one vote principle in the election of union school directors. Barnes v. Board of Directors, Mount Anthony Union High School District (No. 14), 418 F. Supp. 845 (D. Vt. 1976).

    2. Construction.

    16 V.S.A. § 562(7) does not impliedly grant to municipalities power to borrow for period exceeding one year because although this provision expressly grants power to build schoolhouses, power to borrow is not necessary to build schoolhouses; Legislature has provided procedure by which municipalities must obtain approval from electorate for funding such improvements. Conn v. Middlebury Union High School District #3, 162 Vt. 498, 648 A.2d 1385 (1994).

    16 V.S.A. § 562(9) does not grant to voters power to authorize school board to borrow money for term longer than one year, provided payments on notes are made from annual revenue, because statute clearly states that notes cannot exceed anticipated annual revenue and there is no reason to construe "notes" in statute as "payment on notes." Conn v. Middlebury Union High School District #3, 162 Vt. 498, 648 A.2d 1385 (1994).

    School board did not exceed its authority by sending letters to voters about issues to be voted on because school district had statutory duty to locate and erect schoolhouses and sending informational letters to voters, in this context, was proper function of school district. Conn v. Middlebury Union High School District #3, 162 Vt. 498, 648 A.2d 1385 (1994).

    § 563. Powers of school boards; form of vote.

    The school board of a school district, in addition to other duties and authority specifically assigned by law:

    1. Shall determine the educational policies of the school district. Board policies shall be of general application to the district, shall be in writing, codified, and made available to the public. Board policies shall be adopted at regular or special school board meetings. A school board shall give public notice of its intent to adopt a board policy, stating the substance of the proposed policy, at least ten days prior to its adoption. A school board may also approve or disapprove rules and regulations proposed by the principal or superintendent for the conduct and management of public schools in the district.
    2. May take any action that is required for the sound administration of the school district. The Secretary, with the advice of the Attorney General, upon application of a school board, shall decide whether any action contemplated or taken by a school board under this subdivision is required for the sound administration of the district and is proper under this subdivision. The Secretary's decision shall be final.
    3. Shall have the possession, care, control, and management of the property of the school district, subject to the authority vested in the electorate or any school district official.
    4. [Repealed.]
    5. Shall keep the school buildings and grounds in good repair, suitably equipped, insured, and in safe and sanitary condition at all times. The school board shall regulate or prohibit firearms or other dangerous or deadly weapons on school premises. At a minimum, a school board shall adopt and implement a policy at least consistent with section 1166 of this title and 13 V.S.A. § 4004 , relating to a student who brings a firearm to or possesses a firearm at school.
    6. Shall have discretion to furnish instruction to students who have completed a secondary education and to administer early educational programs.
    7. May relocate or discontinue use of a schoolhouse or facility, subject to the provisions of sections 821 and 822 of this title.
    8. Shall establish and maintain a system for receipt, deposit, disbursement, accounting, control, and reporting procedures that meets the criteria established by the State Board pursuant to subdivision 164(15) of this title and that ensures that all payments are lawful and in accordance with a budget adopted or amended by the school board. The school board may authorize a subcommittee, the superintendent of schools, or a designated employee of the school board to examine claims against the district for school expenses and draw orders for the payment of those claims. Such orders shall state definitely the purpose for which they are drawn and shall serve as full authority to the treasurer to make such payments. It shall be lawful for a school board to submit to its treasurer a certified copy of those portions of the board minutes, properly signed by the clerk and chair, or a majority of the board, showing to whom and for what purpose each payment is to be made by the treasurer, and such certified copy shall serve as full authority to the treasurer to make the payments as thus approved.
    9. Shall establish with the advice and consent of the Auditor of Accounts and the Secretary a system of accounts for the proper control and reporting of school district finances and for stating the annual financial condition of the school district.
    10. Shall prepare and distribute to the electorate, not less than ten days prior to the district's annual meeting, a report of the conditions and needs of the district school system, including the superintendent's, supervisory union treasurer's, and school district treasurer's annual report for the previous school year and the balance of any reserve funds established pursuant to 24 V.S.A. § 2804 . At a school district's annual meeting, the electorate may vote to provide notice of availability of the report required by this subdivision to the electorate in lieu of distributing the report. If the electorate of the school district votes to provide notice of availability, it must specify how notice of availability shall be given, and such notice of availability shall be provided to the electorate at least 30 days before the district's annual or special meeting.
      1. Shall prepare and distribute annually a proposed budget for the next school year according to such major categories as may from time to time be prescribed by the Secretary. (11) (A) Shall prepare and distribute annually a proposed budget for the next school year according to such major categories as may from time to time be prescribed by the Secretary.
      2. [Repealed.]
      3. At a school district's annual or special meeting, the electorate may vote to provide notice of availability of the school budget required by this subdivision to the electorate in lieu of distributing the budget. If the electorate of the school district votes to provide notice of availability, it must specify how notice of availability shall be given, and such notice of availability shall be provided to the electorate at least 30 days before the district's annual meeting. The proposed budget shall be prepared and distributed at least ten days before a sum of money is voted on by the electorate. Any proposed budget shall show the following information in a format prescribed by the Secretary:
        1. all revenues from all sources, and expenses, including as separate items any assessment for a supervisory union of which it is a member and any tuition to be paid to a career technical center; and including the report required in subdivision 242(4)(D) of this title itemizing the component costs of the supervisory union assessment;
        2. the specific amount of any deficit incurred in the most recently closed fiscal year and how the deficit was or will be remedied;
        3. the anticipated homestead tax rate and the percentage of household income used to determine income sensitivity in the district as a result of passage of the budget, including those portions of the tax rate attributable to supervisory union assessments; and
        4. the definition of "education spending," the number of pupils and number of equalized pupils in the school district, and the district's education spending per equalized pupil in the proposed budget and in each of the prior three years.
      4. The board shall present the budget to the voters by means of a ballot in the following form:

        "Article #1 (School Budget):

        Shall the voters of the school district approve the school board to expend $ ____________, which is the amount the school board has determined to be necessary for the ensuing fiscal year? It is estimated that this proposed budget, if approved, will result in education spending of $____________ per equalized pupil. This projected spending per equalized pupil is ____________ % higher/lower than spending for the current year.

    11. Shall employ such persons as may be required to carry out the work of the school district pursuant to the provisions of subdivision 242(3) of this title.
    12. [Repealed.]
    13. Shall provide, at the expense of the district, subject to the approval of the superintendent, all text books, learning materials, equipment, and supplies.
    14. Shall exercise the general powers given to a legislative branch of a municipality.
    15. May execute contracts on behalf of the school district, including contracts providing for binding arbitration, by its chair or any person designated whose appointment is recorded in the minutes of the board.
    16. -(18) [Repealed.]

      (19) Shall allow any high school student who meets the academic requirements of the high school to graduate and receive a diploma in less than four years.

      (20) Shall establish policies and procedures designed to avoid the appearance of board member conflict of interest.

      (21) Shall have the authority to engage in short-term borrowing to cover the costs of those portions of projects approved by the State Board and that will be reimbursed by the State Board under sections 3447-3456 of this title but which payments will be delayed. However, the board shall borrow under this subdivision only amounts that it would receive if the State Board could fund its obligation and may borrow no earlier than the time it would have received the funds. The State shall not pay for costs of borrowing funds under this subdivision.

      (22) May apply for grants and may accept and expend grants or gifts. The board shall include, in its annual report, a description of all grants or gifts accepted during the year and associated expenditures.

      (23) May, at the expense of the district, present informational materials to the electorate on any matter to be voted. However, such materials shall be limited to those that are reasonably designed to inform, educate, and explain to the electorate the board's position on the matter.

      (24) Shall adopt a policy that, in accordance with rules adopted by the State Board of Education, will integrate home study students into its schools through enrollment in courses, participation in cocurricular and extracurricular activities, and use of facilities.

      (25) Shall, if it is a school board of a school district that maintains a secondary school, upon request, award a high school diploma to any Vermont resident who served in the military in World War II, the Korean War, or during the Vietnam era, was honorably separated from active federal military service, and does not hold a high school diploma. The State Board shall develop and make available an application form for veterans who wish to request a high school diploma.

      (26) [Repealed.]

      (27) Annually, shall inform each secondary student and the student's parents or guardians of the right to opt out of the federal requirement that student contact information be provided to military recruiters or institutions of higher education pursuant to 20 U.S.C. § 7908(a) . A school board shall enable the secondary student and the student's parents or guardians to disallow provision of student contact information to either military recruiters or institutions of higher education, while allowing provision of information to the other. For purposes of this subdivision, "secondary student" means a student in grade 9, 10, 11, or 12.

      (28) Annually, shall inform students and their parents or guardians of their options for school choice under applicable laws or policy.

      (29) Shall assign an employee to annually:

      1. inform parents of students with life-threatening allergies and life-threatening chronic illnesses of applicable provisions of Section 504 of the Rehabilitation Act of 1973 and other applicable federal statutes, State statutes, federal regulations, and State rules;
      2. inform appropriate school staff of their responsibilities; and
      3. provide necessary training to carry out these responsibilities.

        (30) May make available school facilities and equipment for specified public purposes if such purposes appear, in the judgment of the board, to be in the best interests of the district and are an efficient, economical, and appropriate use of the facilities and equipment.

        (31) Subject to the requirements of section 571 of this title, may enter into contracts with other school boards to provide joint programs, services, facilities, and professional or other staff.

        (32) May enter into a contract or contracts with a school offering a distance learning program that is approved by one or more accrediting agencies recognized by the U.S. Department of Education or is approved in Vermont pursuant to subdivision 166(b)(6) of this title.

        Added 1969, No. 298 (Adj. Sess.), § 40; amended 1971, No. 200 (Adj. Sess.); 1975, No. 48 , § 6, eff. April 15, 1975; 1977, No. 33 , § 1; 1979, No. 5 ; 1985, No. 71 , § 3; 1987, No. 15 , § 1; 1987, No. 68 , § 5; 1987, No. 228 (Adj. Sess.), § 12; 1989, No. 143 (Adj. Sess.), § 2; 1989, No. 188 (Adj. Sess.), § 4; 1989, No. 202 (Adj. Sess.), § 3; 1991, No. 103 , §§ 1, 2; 1991, No. 176 (Adj. Sess.), § 2; 1991, No. 196 (Adj. Sess.), § 2; 1995, No. 35 , § 2; 1995, No. 62 , § 62, eff. April 26, 1995; 1995, No. 155 (Adj. Sess.), §§ 2, 3; 1995, No. 185 (Adj. Sess.), §§ 7a, 7b, 68, eff. May 22, 1996; 1997, No. 83 (Adj. Sess.), § 8; 1997, No. 119 (Adj. Sess.), § 2, eff. April 27, 1998; 1999, No. 62 , § 158b; 1999, No. 113 (Adj. Sess.), § 2; 1999, No. 152 (Adj. Sess.), § 277; 2001, No. 8 , § 5; 2001, No. 118 (Adj. Sess.), § 2; 2003, No. 36 , §§ 5, 19; 2003, No. 68 , § 48, eff. June 18, 2003; 2003, No. 75 (Adj. Sess.), § 1; 2003, No. 114 (Adj. Sess.), § 3; 2003, No. 126 (Adj. Sess.), § 3, eff. July 1, 2005; 2005, No. 54 , § 5; 2005, No. 127 (Adj. Sess.), § 2; 2005, No. 158 (Adj. Sess.), § 3; 2005, No. 182 (Adj. Sess.), §§ 3, 25; 2007, No. 23 , § 1; 2007, No. 82 , § 5; 2009, No. 44 , §§ 4, 6, 8, 9, eff. May 21, 2009; 2009, No. 153 (Adj. Sess.), §§ 11, 12, eff. June 3, 2010; 2009, No. 153 (Adj. Sess.), § 21c; 2011, No. 58 , § 1, eff. May 31, 2011; 2011, No. 129 (Adj. Sess.), §§ 23, 24, eff. July 1, 2013; 2015, No. 23 , § 32; 2015, No. 46 , § 33; 2015, No. 48 , § 2; 2017, No. 49 , § 27, eff. May 23, 2017; 2019, No. 131 (Adj. Sess.), § 64.

    History

    Reference in text. Section 504 of the Rehabilitation Act of 1973, referred to in subdiv. (29)(A), is codified as 29 U.S.C. § 794.

    2013 (Adj. Sess.). Substituted "student" for "pupil" and "Secretary" for "commissioner" and inserted "career" before "technical center" in accordance with 2013, No. 92 (Adj. Sess.), § 302.

    - 1969. Section renumbered, see note set out under § 551 of this title.

    Editor's note. Although 1989, No. 118 , § 3, amended each section of this title containing the word "certified" by substituting therefor "licensed", the word "certified" appearing in two places in the fourth sentence of subdiv. (8) was not changed to "licensed" in view of the context of the references.

    Subdiv. (22), as added by 1995, No. 185 (Adj. Sess.), § 7b, was redesignated as subdiv. (23) to avoid conflict with subdiv. (22) as previously added by 1995, No. 155 (Adj. Sess.), § 3.

    2006. Subdivs. (27) and (28), as added by 2005, No. 182 (Adj. Sess.), § 25, were redesignated as subdivs. (30) and (31) to avoid conflict with subdivs. (27) and (28), as added by 2005, No. 127 , § 2.

    Amendments--2019 (Adj. Sess.). Subdiv. (8): Substituted "the payment of those claims" for "such as shall be allowed by it payable to the party entitled thereto" in the second sentence.

    Amendments--2017. Subdiv. (26): Repealed.

    Amendments--2015. Act No. 23 substituted "Secretary" for "Commissioner" and "Secretary's" for "Commissioner's" in subdiv. (2).

    Act No. 46 deleted "if budget exceeds benchmark and district spending is above average" following "vote" in the section heading and repealed subdiv. (11)(B) and added subdiv. (11)(D).

    Act No. 48 deleted the second sentence in subdiv. (31).

    Amendments--2011 (Adj. Sess.). Subdiv. (10): Substituted "and" for the comma preceding "the balance of any reserve funds established pursuant to 24 V.S.A. § 2804" in the first sentence, and deleted the remainder of that sentence and all of the former second sentence.

    Subdiv. (17): Repealed.

    Amendments--2011. Subdiv. (12): Substituted "pursuant to the provisions of subdivision 242(3) of this title" for "and dismiss any employee when necessary. The school board shall consider the recommendation of the superintendent before employing or dismissing any person" following "district".

    Amendments--2009 (Adj. Sess.) Subdiv. (11)(C)(i): Added "and including the report required in subdivision 242(4)(D) of this title itemizing the component costs of the supervisory union assessment".

    Subdiv. (13): Repealed.

    Subdiv. (32): Added.

    Amendments--2009. Subdiv. (10): Added "or special" after "annual" at the end.

    Subdiv. (11)(B)(ii): Amended generally.

    Added "or special" in the first sentence of subdiv. (11)(C); deleted "a union school district or" before "a supervisory union" in subdiv. (11)(C)(i); deleted "the union school and" after "attributable to" in subdiv. (11)(C)(iii); redesignated subdiv. (11)(C)(iv)(I) as subdiv. (11)(C)(iv), deleted "other than a union school district", and deleted "or" from the end; and deleted subdiv. (11)(C)(iv)(II).

    Subdiv. (17): Added the third sentence.

    Amendments--2007. Act No. 82 rewrote the section heading and amended subdiv. (11) generally.

    Act No. 23 inserted "or during the Vietnam era" following "Korean War" in subdiv. (25).

    Amendments--2005 (Adj. Sess.). Subdiv. (11)(A): Act No. 182 inserted "and any tuition to be paid to a technical center" following "member".

    Subdivs. (27) and (28): Added by Act Nos. 127 and 182.

    Subdiv. (29): Added by Act No. 158.

    Amendments--2005 Subdiv. (17): Deleted "and the average daily membership count submitted by the district to the department of education under subdivisions 4001(1)(A) and (B) of this title" following "school district" in the first sentence, and "and the average daily membership count" following "school district" in the second sentence.

    Amendments--2003 (Adj. Sess.). Subdiv. (25): Inserted "or the Korean War" following "World War II" by Act No. 75.

    Subdiv. (26): Added by Act No. 114.

    Subdivs. (10), (11): Amended generally by Act No. 126.

    Amendments--2003. Subdiv. (5): Act No. 36 substituted "firearm to or possess a firearm at" for "weapon to" preceding "school".

    Subdiv. (8): Act No. 36 substituted "a system for receipt, deposit" for "an adequate system of financial" preceding "disbursement", and inserted "meets the criteria established by the state board pursuant to subdivision 164(15) of this title and that" following "procedures that".

    Subdiv. (10): Act No. 36 inserted "the balance of any reserve funds established pursuant to 24 V.S.A. § 2804" following "school year".

    Subdiv. (11): Amended generally by Act No. 68.

    Subdiv. (17): Amended generally by Act No. 36.

    Amendments--2001 (Adj. Sess.). Subdiv. (25): Added.

    Amendments--2001. Subdiv. (13): Substituted "accrued" for "actual cash" preceding "expenditures of the school district" in the first sentence.

    Amendments--1999 (Adj. Sess.). Subdiv. (5): Act No. 113 substituted "at least consistent with" for "pursuant to" preceding "section 1166" and inserted "and section 4004 of Title 13" in the third sentence.

    Subdiv. (17): Act No. 152 added "and the average daily membership count submitted by the district to the department of education under subdivisions 4001(1)(A) and (B) of this title" in the first sentence and added the fourth sentence.

    Amendments--1999. Subdiv. (8): Inserted "the superintendent of schools" preceding "or a designated employee" in the second sentence.

    Amendments--1997 (Adj. Sess.). Subdiv. (17): Act No. 83 added the third sentence.

    Subdiv. (24): Added by Act No. 119.

    Amendments--1995 (Adj. Sess.) Subdiv. (11): Act No. 155 rewrote the second sentence as the second and third sentences.

    Subdiv. (21): Added by Act No. 185, § 68.

    Subdiv. (22): Added by Act Nos. 155 and 185.

    Amendments--1995 Subdiv. (5): Act No. 35 substituted "shall" for "may" preceding "regulate" in the second sentence and added the third sentence.

    Subdiv. (21): Added by Act No. 62, § 62.

    Repealed by Act No. 62, § 61, as amended by 1995, No. 185 (Adj. Sess.), § 7a.

    Amendments--1991 (Adj. Sess.) Subdiv. (10): Act. No. 176 substituted "a summary of the town auditor's report as to fiscal years which are audited by town auditors as required by 24 V.S.A. § 1681, a summary of the public accountant's report as to fiscal years which are audited by a public accountant, and a notice of the time and place where the full report of the town auditor or the public accountant will be available for inspection and copying at cost" for "and an auditor's report prepared pursuant to section 1683 of Title 24" following "school year" in the first sentence and added the second sentence.

    Subdiv. (16): Act No. 196 inserted "including contracts providing for binding arbitration" following "district" and made a minor change in punctuation.

    Subdiv. (17): Act No. 176 deleted "and include in the annual report a notice that the audit has been performed" following "district" in the first sentence.

    Amendments--1991 Section amended generally.

    Amendments--1989 (Adj. Sess.) Subdiv. (5): Act No. 143 added the second sentence.

    Subdiv. (10): Act No. 202 substituted "ten" for "fifteen" preceding "days".

    Subdiv. (20): Added by Act No. 188.

    Amendments--1987 (Adj. Sess.) Subdiv. (9): Inserted "and reporting" following "proper control".

    Subdiv. (10): Inserted "supervisory union treasurer's" following "superintendent's", "school district" preceding "treasurer's annual" and substituted "reports" for "report" thereafter.

    Amendments--1987 Subdiv. (6): Act No. 68 added "and to administer early educational programs" following "education".

    Subdiv. (17): Amended generally by Act No. 15.

    Amendments--1985 Subdiv. (6): Deleted "more than twelve years of" preceding "instruction to pupils" and added "who have completed a secondary education" thereafter.

    Amendments--1979 Subdiv. (19): Added.

    Amendments--1977 Subdiv. (4): Amended generally.

    Amendments--1975 Subdiv. (6): Deleted "in worthy and deserving cases" following "pupils".

    Amendments--1971 (Adj. Sess.) Subdiv. (18): Repealed.

    Effects on existing law. 2009, No. 44 , § 7 provides: "Nothing in Sec. 6 of this act [which amended subdivision (11)(B)(ii)] shall repeal or amend the application of the provisions of Sec. 6 of No. 82 of the Acts of 2007 to 16 V.S.A. § 563(11)".

    ANNOTATIONS

    Analysis

    1. Construction with other law.

    This section, granting to school boards the power to establish education policies and to prescribe rules and regulations for the conduct and management of schools, including student discipline, does not conflict with, and therefore give way to section 1162 of this title, the more specific statute authorizing superintendents or principals, pursuant to regulations adopted by the governing board, to suspend, dismiss or expel pupils for misconduct; the latter provision authorizes, but does not require, school boards to delegate the power to suspend or expel students. Rutz v. Essex Junction Prudential Committee, 142 Vt. 400, 457 A.2d 1368 (1983).

    2. Notice and hearing.

    School board's change of policy regarding transportation of pupils was not effective to alter pre-existing policy where board, in adopting new policy, did not follow statutory requirements regarding adoption or regulations, particularly, notice requirements. O'Hara v. Proulx, 133 Vt. 542, 346 A.2d 532 (1975).

    3. Student discipline.

    A high school prudential committee was well within the scope of its powers under subdiv. (1) of this section in adopting rules and procedures for the conduct and management of the school, including student discipline, which is an important and necessary element of school management, and in reserving to itself the power to expel students. Rutz v. Essex Junction Prudential Committee, 142 Vt. 400, 457 A.2d 1368 (1983).

    4. Dismissal of personnel.

    Subdiv. (12) of this section permits school boards to eliminate positions and dismiss persons holding those positions provided such is needed to carry on the work of the school district. Work v. Mount Abraham Union High School Board of Directors, 145 Vt. 94, 483 A.2d 258 (1984).

    Exercise of school board's authority under subdiv. (12) of this section to eliminate positions and dismiss persons pursuant thereto as needed must necessarily carry with it just cause; otherwise such authority is rendered meaningless. Work v. Mount Abraham Union High School Board of Directors, 145 Vt. 94, 483 A.2d 258 (1984).

    Where teacher and school board entered into teaching contract which school board thereafter refused to renew, and teachers association, a party to master contract calling for four steps in grievance procedure, was refused by board the use of the fourth step of binding arbitration, only contractual rights between the respective parties under both the statutes and the master contract were involved, not the question of the board acting ultra vires by delegating its exclusive power to hire and dismiss teachers. Danville Board of School Directors v. Fifield, 132 Vt. 271, 315 A.2d 473 (1974).

    Where school board refused to enter into new contract with teachers it attempted to retire under policy held invalid, teachers could not be said to have been dismissed within meaning of subsec. (12) of this section; as dismiss, in such instance, means to remove from employment pursuant to a then existing contract. Cole v. Town of Hartford School District, 131 Vt. 464, 306 A.2d 101 (1973).

    5. Retirement age.

    This section does not authorize a board to set up its own retirement age limit policy. Cole v. Town of Hartford School District, 131 Vt. 464, 306 A.2d 101 (1973).

    § 563a. Prevention, identification, and reporting of child sexual abuse and sexual violence.

    Each school board of a school district and governing body of an approved or recognized independent school shall ensure that adults employed in the schools within its jurisdiction receive orientation, information, or instruction on the prevention, identification, and reporting of child sexual abuse, as defined in 33 V.S.A. § 4912(8) , and sexual violence. This shall include information regarding the signs and symptoms of sexual abuse, sexual violence, grooming processes, recognizing the dangers of child sexual abuse in and close to the home, and other predatory behaviors of sex offenders. The school board or governing body shall also provide opportunities for parents, guardians, and other interested persons to receive the same information. The Agencies of Education and of Human Services shall provide materials and technical support to any school board or governing body that requests assistance in implementing this section.

    Added 2009, No. 1 , § 9, eff. July 1, 2011; amended 2011, No. 156 (Adj. Sess.), § 27, eff. May 16, 2012; 2013, No. 92 (Adj. Sess.), § 70, eff. Feb. 14, 2014.

    History

    Amendments--2013 (Adj. Sess.). Substituted "Agencies of Education and of Human Services" for "department of education and the agency of human services" in the fourth sentence.

    Amendments--2011 (Adj. Sess.). Deleted "School boards;" from the beginning of the section heading; in the first sentence, substituted "Each school board" for "The school board", added "and governing body of an approved or recognized independent school", and substituted "within its jurisdiction" for "maintained by the district"; and in the last two sentences, added "or governing body" after "school board".

    § 564. Repealed. 1997, No. 71 (Adj. Sess.), § 106(b), eff. March 11, 1998.

    History

    Former § 564. Former § 564, relating to interim tax assessments, was derived from 1991, No. 77 , § 2.

    § 565. Repealed. 2011, No. 129 (Adj. Sess.), § 11, eff. May 11, 2012.

    History

    Former § 565. Former § 565, relating to harassment and hazing prevention policies, was derived from 1993, No. 162 (Adj. Sess.), § 4 and amended by 1999, No. 120 (Adj. Sess.), § 6; 2001, No. 8 , § 6; 2003, No. 91 (Adj. Sess.), § 4 and 2009, No. 106 (Adj. Sess.), § 3. For present provisions, see chapter 9, subchapter 5 of this title.

    § 566. Authority to borrow.

    Notwithstanding the provisions of subdivision 562(9) of this title, if a budget for the support of schools for the ensuing year has not been approved on or before June 30 of any year, the school board may borrow funds necessary to enable it to operate the schools on a budget of up to 87 percent of the most recently approved school budget. If the school board borrows money under this section, it shall determine how all funds shall be expended.

    Added 1995, No. 32 , § 1; amended 2001, No. 8 , § 7.

    History

    Amendments--2001. Substituted "subdivision 562(9) of this title" for "16 V.S.A. § 562(9)" and "of" for "that equals" preceding "up to 87 percent" in the first sentence, and deleted the former second sentence.

    § 567. Surplus.

    If an audit reveals that a school district has surplus funds, the school board shall carry the funds into the next year as revenue unless authorized by the voters, at an annual or special meeting warned for the purpose, to:

    1. deposit the funds into a reserve fund established pursuant to 24 V.S.A. § 2804 ; or
    2. use the funds for a specific purpose.

      Added 2003, No. 107 (Adj. Sess.), § 4; amended 2013, No. 92 (Adj. Sess.), § 71, eff. Feb. 14, 2014.

    History

    Amendments--2013 (Adj. Sess.). Introductory paragraph: Deleted "conducted pursuant to subdivision 563(17) of this title or section 1681 of Title 24" following "audit".

    Subchapter 5. Harassment, Hazing, and Bullying

    History

    Implementation of policy. 2011, No. 129 (Adj. Sess.), § 13 provides: "School boards shall adopt and implement bullying prevention policies as required by Sec. 12 of this act [which enacted this subchapter] no later than January 1, 2013."

    ARTICLE 1. Duties of School Districts

    History

    Amendments--2013 (Adj. Sess.). 2013, No. 92 (Adj. Sess.), § 72, designated the existing provisions of this subchapter, sections 570 through 570c, as Article 1 and added the heading for that article.

    § 570. Harassment, hazing, and bullying prevention policies.

    1. State policy.  It is the policy of the State of Vermont that all Vermont educational institutions provide safe, orderly, civil, and positive learning environments. Harassment, hazing, and bullying have no place and will not be tolerated in Vermont schools. No Vermont student should feel threatened or be discriminated against while enrolled in a Vermont school.
    2. Prevention policies.  Each school board shall develop, adopt, ensure the enforcement of, and make available in the manner described under subdivision 563(1) of this title harassment, hazing, and bullying prevention policies that shall be at least as stringent as model policies developed by the Secretary. Any school board that fails to adopt one or more of these policies shall be presumed to have adopted the most current model policy or policies published by the Secretary.
    3. Notice.  Annually, prior to the commencement of curricular and cocurricular activities, the school board shall provide notice of the policy and procedures developed under this subchapter to students, custodial parents or guardians of students, and staff members, including reference to the consequences of misbehavior contained in the plan required by section 1161a of this title. Notice to students shall be in age-appropriate language and should include examples of harassment, hazing, and bullying. At a minimum, this notice shall appear in any publication that sets forth the comprehensive rules, procedures, and standards of conduct for the school. The school board shall use its discretion in developing and initiating age-appropriate programs to inform students about the substance of the policy and procedures in order to help prevent harassment, hazing, and bullying. School boards are encouraged to foster opportunities for conversations between and among students regarding tolerance and respect.
    4. Duties of the Secretary.  The Secretary shall:
      1. develop and, from time to time, update model harassment, hazing, and bullying prevention policies; and
      2. establish an Advisory Council to review and coordinate school and statewide activities relating to the prevention of and response to harassment, hazing, and bullying. The Council shall report annually in January to the State Board and the House and Senate Committees on Education. The Council shall include:
        1. the Executive Director of the Vermont Principals' Association or designee;
        2. the Executive Director of the Vermont School Boards Association or designee;
        3. the Executive Director of the Vermont Superintendents Association or designee;
        4. the President of the Vermont-National Education Association or designee;
        5. the Executive Director of the Vermont Human Rights Commission or designee;
        6. the Executive Director of the Vermont Independent Schools Association or designee; and
        7. other members selected by the Secretary, at least one of whom shall be a current secondary student who has witnessed or experienced harassment, hazing, or bullying in the school environment.
    5. Definitions.  In this subchapter:
      1. "Educational institution" and "school" mean a public school or an approved or recognized independent school as defined in section 11 of this title.
      2. "Organization," "pledging," and "student" have the same meanings as in section 570i of this title.
      3. "Harassment," "hazing," and "bullying" have the same meanings as in subdivisions 11(a)(26), (30), and (32) of this title.
      4. "School board" means the board of directors or other governing body of an educational institution when referring to an independent school.

        Added 2011, No. 129 (Adj. Sess.), § 12, eff. May 11, 2012; amended 2011, No. 156 (Adj. Sess.), § 32; 2013, No. 92 (Adj. Sess.), § 72.

    History

    Amendments--2013 (Adj. Sess.). Substituted "Secretary" for "commissioner" throughout; amended subdiv. (d)(2) generally; and substituted "section 570i" for "subdivisions 140a(2), (3), and (4)" in subdiv. (e)(2).

    Amendments--2011 (Adj. Sess.). Subdiv. (d)(2)(G): Act 156 inserted ", at least one of whom shall be a current secondary student who has witnessed or experienced harassment, hazing, or bullying in the school environment" following "commissioner".

    § 570a. Harassment.

    1. Policies and plan.  The harassment prevention policy required by section 570 of this title and its plan for implementation shall include:
      1. A statement that harassment, as defined in subdivision 11(a)(26) of this title, is prohibited and may constitute a violation of the public accommodations act as more fully described in article 2 of this subchapter 5.
      2. Consequences and appropriate remedial action for staff or students who commit harassment. At all stages of the investigation and determination process, school officials are encouraged to make available to complainants alternative dispute resolution methods, such as mediation, for resolving complaints.
      3. A procedure that directs students, staff, parents, and guardians how to report violations and file complaints.
      4. A description of the circumstances under which harassment may be reported to a law enforcement agency.
      5. A procedure for investigating reports of violations and complaints. The procedure shall provide that, unless special circumstances are present and documented by the school officials, an investigation is initiated no later than one school day from the filing of a complaint and the investigation and determination by school officials are concluded no later than five school days from the filing of the complaint with a person designated to receive complaints under subdivision (7) of this subsection. All internal reviews of the school's initial determination, including the issuance of a final decision, shall, unless special circumstances are present and documented by the school officials, be completed within 30 days after the review is requested.
      6. A description of how the school board will ensure that teachers and other staff members receive training in preventing, recognizing, and responding to harassment.
      7. Annual designation of two or more people at each school campus to receive complaints and a procedure for publicizing those people's availability.
      8. A procedure for publicizing the availability of the Vermont Human Rights Commission and the federal Department of Education's Office of Civil Rights and other appropriate State and federal agencies to receive complaints of harassment.
      9. A statement that acts of retaliation for the reporting of harassment or for cooperating in an investigation of harassment are unlawful pursuant to 9 V.S.A. § 4503 .
    2. Independent review.
      1. A student who desires independent review under this subsection because the student is either dissatisfied with the final determination of the school officials as to whether harassment occurred or believes that, although a final determination was made that harassment occurred, the school's response was inadequate to correct the problem shall make such request in writing to the headmaster or superintendent of schools. Upon such request, the headmaster or superintendent shall initiate an independent review by a neutral person selected from a list developed jointly by the Secretary of Education and the Human Rights Commission and maintained by the Secretary. Individuals shall be placed on the list on the basis of their objectivity, knowledge of harassment issues, and relevant experience.
      2. The independent review shall proceed expeditiously and shall consist of an interview of the student and the relevant school officials and review of written materials involving the complaint maintained by the school or others.
      3. Upon the conclusion of the review, the reviewer shall advise the student and the school officials as to the sufficiency of the school's investigation, its determination, the steps taken by the school to correct any harassment found to have occurred, and any future steps the school should take. The reviewer shall advise the student of other remedies that may be available if the student remains dissatisfied and, if appropriate, may recommend mediation or other alternative dispute resolution.
      4. The independent reviewer shall be considered an agent of the school for the purpose of being able to review confidential student records.
      5. The costs of the independent review shall be borne by the public school district or independent school.
      6. Nothing in this subsection shall prohibit the school board from requesting an independent review at any stage of the process.
      7. Evidence of conduct or statements made in connection with an independent review shall not be admissible in any court proceeding. This subdivision shall not require exclusion of any evidence otherwise obtainable from independent sources merely because it is presented in the course of an independent review.
      8. The Secretary may adopt rules implementing this subsection.

        Added 2011, No. 129 (Adj. Sess.), § 12, eff. May 11, 2012; amended 2013, No. 34 , § 10; 2013, No. 92 (Adj. Sess.), § 72, eff. Feb. 14, 2014.

    History

    Amendments--2013 (Adj. Sess.). Subdiv. (a)(1): Substituted "article 2 of this subchapter 5" for "section 14 of this title" to reflect redesignation of § 14 as new § 570f.

    Subsec. (b): Substituted "Secretary" for "commissioner" in two places.

    Subdiv. (b)(8): Substituted "Secretary" for "commissioner".

    Amendments--2013. Subdiv. (a)(5): Substituted "subsection" for "section" following "of this".

    § 570b. Hazing.

    The hazing prevention policy required by section 570 of this title and its plan for implementation shall include:

    1. a statement that hazing, as defined in subdivision 11(a)(30) of this title, is prohibited and may be subject to civil penalties pursuant to article 3 of this subchapter 5;
    2. a procedure that directs students, staff, parents, and guardians how to report violations and file complaints;
    3. a procedure for investigating reports of violations and complaints;
    4. a description of the circumstances under which hazing may be reported to a law enforcement agency;
    5. appropriate penalties or sanctions, or both, for organizations that or individuals who engage in hazing and revocation or suspension of an organization's permission to operate or exist within the institution's purview if that organization knowingly permits, authorizes, or condones hazing;
    6. a description of how the school board will ensure that teachers and other staff members receive training in preventing, recognizing, and responding to hazing; and
    7. annual designation of two or more people at each school campus to receive complaints and a procedure for publicizing those people's availability.

      Added 2011, No. 129 (Adj. Sess.), § 12, eff. May 11, 2012; amended 2013, No. 92 (Adj. Sess.), § 72, eff. Feb. 14, 2014.

    History

    Amendments--2013 (Adj. Sess.). Subdiv. (1): Substituted "article 3 of this subchapter 5" for "subchapter 9 of chapter 1 of this title" to reflect redesignation of §§ 140a-140d as new §§ 570i-570 l .

    § 570c. Bullying.

    The bullying prevention policy required by section 570 of this title and its plan for implementation shall include:

    1. a statement that bullying, as defined in subdivision 11(a)(32) of this title, is prohibited;
    2. a procedure that directs students, staff, parents, and guardians how to report violations and file complaints;
    3. a procedure for investigating reports of violations and complaints;
    4. a description of the circumstances under which bullying may be reported to a law enforcement agency;
    5. consequences and appropriate remedial action for students who commit bullying;
    6. a description of how the school board will ensure that teachers and other staff members receive training in preventing, recognizing, and responding to bullying; and
    7. annual designation of two or more people at each school campus to receive complaints and a procedure both for publicizing the availability of those people and clarifying that their designation does not preclude a student from bringing a complaint to any adult in the building.

      Added 2011, No. 129 (Adj. Sess.), § 12, eff. May 11, 2012.

    § 570d , 570e. [Reserved for future use.].

    ARTICLE 2. Unlawful Harassment

    History

    Amendments--2013 (Adj. Sess.). 2013, No. 92 (Adj. Sess.), § 73 designated the newly redesignated § 570f as part of Article 2 and added the heading for that article.

    § 570f. Harassment; notice and response.

      1. An educational institution that receives actual notice of alleged conduct that may constitute harassment shall promptly investigate to determine whether harassment occurred. After receiving notice of the alleged conduct, the school shall provide a copy of its harassment policy, including its harassment investigation procedure, to the alleged victim and the alleged perpetrator. If either the alleged victim or the alleged perpetrator is a minor, the copy of the policy shall be provided to the person's parent or guardian. Nothing in this section shall be construed to prohibit educational institutions from investigating and imposing disciplinary consequences upon students for misconduct. Elementary and secondary school officials shall strive to implement the plan developed in accordance with subdivision 1161a(a)(6) of this title in order to prevent misconduct from escalating to the level of harassment. (a) (1)  An educational institution that receives actual notice of alleged conduct that may constitute harassment shall promptly investigate to determine whether harassment occurred. After receiving notice of the alleged conduct, the school shall provide a copy of its harassment policy, including its harassment investigation procedure, to the alleged victim and the alleged perpetrator. If either the alleged victim or the alleged perpetrator is a minor, the copy of the policy shall be provided to the person's parent or guardian. Nothing in this section shall be construed to prohibit educational institutions from investigating and imposing disciplinary consequences upon students for misconduct. Elementary and secondary school officials shall strive to implement the plan developed in accordance with subdivision 1161a(a)(6) of this title in order to prevent misconduct from escalating to the level of harassment.
      2. If, after notice, the educational institution finds that the alleged conduct occurred and that it constitutes harassment, the educational institution shall take prompt and appropriate remedial action reasonably calculated to stop the harassment.
    1. A claim may be brought under the Fair Housing and Public Accommodations Act pursuant to 9 V.S.A. chapter 139 only after the administrative remedies available to the claimant under the policy adopted by the educational institution pursuant to subsection 166(e) or section 570 of this title or pursuant to the harassment policy of a postsecondary school have been exhausted. Such a showing shall not be necessary where the claimant demonstrates that:
      1. the educational institution does not maintain such a policy;
      2. a determination has not been rendered within the time limits established under section 570a of this title;
      3. the health or safety of the complainant would be jeopardized otherwise;
      4. exhaustion would be futile; or
      5. requiring exhaustion would subject the student to substantial and imminent retaliation.
    2. To prevail in an action alleging unlawful harassment filed pursuant to this section and 9 V.S.A. chapter 139, the plaintiff shall prove both of the following:
      1. The student was subjected to unwelcome conduct based on the student's or the student's family member's actual or perceived membership in a category protected by law by 9 V.S.A. § 4502 .
      2. The conduct was either:
        1. for multiple instances of conduct, so pervasive that when viewed from an objective standard of a similarly situated reasonable person, it substantially and adversely affected the targeted student's equal access to educational opportunities or benefits provided by the educational institution; or
        2. for a single instance of conduct, so severe that when viewed from an objective standard of a similarly situated reasonable person, it substantially and adversely affected the targeted student's equal access to educational opportunities or benefits provided by the educational institution.
    3. As used in this article:
      1. "Designated employee" means an employee who has been designated by an educational institution to receive complaints of harassment pursuant to section 570a of this title or in accordance with the harassment policy of a postsecondary school.
      2. "Educational institution" means a Vermont public or independent school or a postsecondary school that offers or operates a program of college or professional education for credit or degree in Vermont.
      3. "Notice" means a written complaint or oral information that harassment may have occurred that has been provided to a designated employee from another employee, the student allegedly subjected to the harassment, another student, a parent or guardian, or any other individual who has reasonable cause to believe the alleged conduct may have occurred. If the complaint is oral, the designated employee shall promptly reduce the complaint to writing, including the time, place, and nature of the conduct, and the identity of the participants and complainant.

        Added 2003, No. 91 (Adj. Sess.), § 3; amended 2011, No. 140 (Adj. Sess.), § 1, eff. May 15, 2012; 2013, No. 92 (Adj. Sess.), §§ 74, 75, eff. Feb. 14, 2014.

    History

    2011 (Adj. Sess.). Updated cross-references in subsecs. (b) and (d) to conform to amendments enacted in 2011, No. 129 (Adj. Sess.), §§ 11-12, eff. May 11, 2012.

    Amendments--2013 (Adj. Sess.). Subdiv. (a)(1): Substituted "in this section" for "herein" preceding "shall" in the fourth sentence.

    Subsec. (d): Substituted "article" for "section" following "this".

    Amendments--2011 (Adj. Sess.). Added the subdivs. (a)(1) and (2) designations; rewrote subsec. (b); added new subsec. (c); and redesignated old subsec. (c) as (d).

    Redesignation of section - 2013 (Adj. Sess.). This section, which was originally enacted as § 14 of this title, was redesignated as § 570f pursuant to 2013, No. 92 (Adj. Sess.), § 74, eff. Feb. 14, 2014.

    ANNOTATIONS

    Analysis

    1. Student-student harassment claims.

    The Vermont Public Accommodations Act encompasses claims against school officials, as owners and operators of places of public accommodation, as well as their agents and employees, for unlawful in-school harassment of their students, even when the harassing conduct is perpetrated by other students. Washington v. Pierce, 179 Vt. 318, 895 A.2d 173 (December 16, 2005).

    A plaintiff bringing a Vermont Public Accommodations Act action based on a hostile school environment created by student-student harassment must show that: (1) he or she was the victim of harassing conduct so severe, pervasive, and objectively offensive that it deprived him or her of access to the educational opportunities or benefits provided by the school; and (2) the plaintiff exhausted the administrative remedies available, or that circumstances existed that relieved the plaintiff of the exhaustion requirement. 16 V.S.A. § 14(b). Washington v. Pierce, 179 Vt. 318, 895 A.2d 173 (December 16, 2005).

    2. Exhaustion of remedies.

    University was a postsecondary school that had a harassment policy in place during all times relevant to a case brought by a student. Therefore, the exception to the exhaustion requirement for an educational institution that did not maintain a harassment policy did not apply to her harassment claim. Allen v. University of Vermont, 185 Vt. 518, 973 A.2d 1183 (2009).

    Statute regarding harassment and hazing prevention policies in public elementary and high school districts does not apply to college harassment policies. Even if a college student argued that the Legislature nevertheless intended the statute's response time limits to apply to all educational institutions, including postsecondary colleges, the court did not need to address such an argument given the student's failure to provide actual notice of a harassment complaint and exhaust her administrative remedies; thus, the exception to the exhaustion requirement for the lack of timely determination on a harassment complaint did not apply. Allen v. University of Vermont, 185 Vt. 518, 973 A.2d 1183 (2009).

    College student's argument that she should not have to exhaust her administrative remedies as required by statute because a university did not inform her plainly enough of her right to pursue a complaint under its harassment policy after she claimed that she was raped by a fellow student failed both as an appeal to fairness and as an invitation to rewrite the statute. Assuming, for argument's sake, that the university "dropped the ball" in failing to refer her to the officials designated to respond to harassment complaints, the student showed no prejudice that could not have been cured by filing a claim of harassment after harassment was specifically alleged in her civil lawsuit under the Vermont Public Accommodations Act; furthermore, the procedures were not hidden, and nothing suggested that the university, which responded to the rape complaint, sought to defeat or discourage a sexual harassment complaint. Allen v. University of Vermont, 185 Vt. 518, 973 A.2d 1183 (2009).

    Because plaintiff could not demonstrate that any of the exceptions to the requirement for exhaustion of her administrative remedies applied, and because there was no dispute that she did not even begin to engage, let alone exhaust, the school's remedial process, her Vermont Public Accommodations Act claim foundered and was properly dismissed by the Superior Court. Washington v. Pierce, 179 Vt. 318, 895 A.2d 173 (December 16, 2005).

    By choosing not to raise any complaints with a school official, plaintiff failed to exhaust her administrative remedies. Thus, her claim under the Vermont Public Accommodations Act could not survive summary judgment unless one of the exceptions to the exhaustion requirement applied. Washington v. Pierce, 179 Vt. 318, 895 A.2d 173 (December 16, 2005).

    3. Public Accommodations Act claims.

    There was no merit to the argument of a college student who claimed that she had been raped by a fellow student that the university's failure to provide her with a copy of its harassment policy precluded application of the statutory exhaustion requirement to her claim under the Vermont Public Accommodations Act (VPAA). Because she failed to notify the university of a harassment claim according to the university's policy, and thus failed to satisfy the statutory exhaustion remedy, she was precluded from initiating her discrimination claim in the Superior Court under the VPAA. Allen v. University of Vermont, 185 Vt. 518, 973 A.2d 1183 (2009).

    Because exhaustion of administrative remedies is a critical predicate to a Vermont Public Accommodations Act action claiming a hostile school environment based on student-to-student conduct, a university was entitled to avoid litigation by addressing duly reported harassment. That did not occur here, and thus a student who claimed harassment by a fellow student failed to demonstrate that the futility exception to the exhaustion requirement applied. Allen v. University of Vermont, 185 Vt. 518, 973 A.2d 1183 (2009).

    Plaintiff's Vermont Public Accommodations Act cause of action does not exist outside of the statute that makes it explicitly conditioned upon exhaustion of administrative remedies by actual notice to the designated employee, unless excused by specific statutory exceptions. Those exceptions do not recognize constructive notice to designated persons through reports to other, nondesignated employees. Allen v. University of Vermont, 185 Vt. 518, 973 A.2d 1183 (2009).

    The standard for Vermont Public Accommodations Act claims must accommodate both a student's right to be free of harassment in educational institutions, and a school's opportunity to respond to alleged harassment before being subject to litigation. Washington v. Pierce, 179 Vt. 318, 895 A.2d 173 (December 16, 2005).

    ARTICLE 3. Hazing

    History

    Amendments--2013 (Adj. Sess.). 2013, No. 92 (Adj. Sess.), § 77 designated the newly redesignated §§ 570i-570 l as part of Article 3 and added the heading for that article.

    § 570i. Definitions.

    As used in this subchapter:

    1. "Educational institution" means a Vermont public or independent school or a postsecondary school that offers or operates a program of college or professional education for credit or a degree in Vermont.
    2. "Organization" means a fraternity, sorority, athletic team, association, corporation, order, society, corps, cooperative, club, or other similar group, whose members primarily are students at an educational institution, and that is affiliated with the educational institution.
    3. "Pledging" means any action or activity related to becoming a member of an organization.
    4. "Student" means any person who:
      1. is registered in or in attendance at an educational institution;
      2. has been accepted for admission at the educational institution where the hazing incident occurs; or
      3. intends to attend an educational institution during any of its regular sessions after an official academic break.

        Added 1999, No. 120 (Adj. Sess.), § 9; amended 2013, No. 92 (Adj. Sess.), § 78, eff. Feb. 14, 2014.

    History

    Redesignation of section - 2013 (Adj. Sess.). This section, which was originally enacted as § 140a of this title, was redesignated as § 570i pursuant to 2013, No. 92 (Adj. Sess.), § 78, eff. Feb. 14, 2014.

    § 570j. Unlawful conduct.

    1. For purposes of this subchapter, "hazing" means any intentional, knowing, or reckless act committed by a student, whether individually or in concert with others, against another student:
      1. in connection with pledging, being initiated into, affiliating with, holding office in, or maintaining membership in any organization that is affiliated with the educational institution; and
      2. that is intended to have the effect of, or should reasonably be expected to have the effect of, endangering the mental or physical health of the student.
    2. Hazing shall not include any activity or conduct that furthers legitimate curricular, extracurricular, or military training program goals, provided that:
      1. the goals are approved by the educational institution; and
      2. the activity or conduct furthers the goals in a manner that is appropriate, contemplated by the educational institution, and normal and customary for similar programs at other educational institutions.
    3. It shall be unlawful to:
      1. engage in hazing;
      2. solicit, direct, aid, or attempt to aid, or abet another person engaged in hazing; or
      3. knowingly fail to take reasonable measures within the scope of the person's authority to prevent hazing.
    4. It is not a defense in an action under this subchapter that the person against whom the hazing was directed consented to or acquiesced in the hazing activity.

      Added 1999, No. 120 (Adj. Sess.), § 9; amended 2013, No. 92 (Adj. Sess.), § 79, eff. Feb. 14, 2014.

    History

    Redesignation of section - 2013 (Adj. Sess.). This section, which was originally enacted as § 140b of this title, was redesignated as § 570j pursuant to 2013, No. 92 (Adj. Sess.), § 79, eff. Feb. 14, 2014.

    § 570k. Civil penalty; Judicial Bureau; waiver penalty.

    1. A person who commits an unlawful act under this subchapter shall be subject to a civil penalty of not more than $5,000.00.
    2. Any law enforcement officer may issue a summons and complaint for an act of hazing, which shall be heard by the Judicial Bureau pursuant to the procedures provided in 4 V.S.A. chapter 29.
    3. The Court Administrator shall appoint a panel of Judicial Bureau hearing officers to establish a waiver penalty for an act of hazing.
    4. Nothing in this section shall limit or affect the right of an educational institution to enforce its own penalties against hazing.

      Added 1999, No. 120 (Adj. Sess.), § 9; amended 2013, No. 92 (Adj. Sess.), § 80, eff. Feb. 14, 2014.

    History

    Redesignation of section - 2013 (Adj. Sess.). This section, which was originally enacted as § 140c of this title, was redesignated as § 570k pursuant to 2013, No. 92 (Adj. Sess.), § 80, eff. Feb. 14, 2014.

    § 570l. Criminal prosecution and civil action.

    Nothing in this subchapter shall limit or preclude a criminal prosecution or any criminal or civil action based on any act that may constitute hazing.

    Added 1999, No. 120 (Adj. Sess.), § 9; amended 2013, No. 92 (Adj. Sess.), § 81, eff. Feb. 14, 2014.

    History

    Redesignation of section - 2013 (Adj. Sess.). This section, which was originally enacted as § 140d of this title, was redesignated as § 570 l pursuant to 2013, No. 92 (Adj. Sess.), § 81, eff. Feb. 14, 2014.

    CHAPTER 11. UNION SCHOOLS AND SCHOOL DISTRICTS AND JOINT SCHOOLS

    Article 1. General Provisions [Repealed.]

    Article 2. Organization and Operation [Repealed.]

    Article 3. Finances [Repealed.]

    Article 4. Changes in Membership; Districts under Prior Law [Repealed.]

    Article 1. General Provisions.

    Article 2. Organization and Operation.

    Article 3. Finances.

    Article 4. Change in Membership; Districts under Prior Law.

    Subchapter 1. Generally; Contracts Between Districts

    § 571. Contracts to construct and operate joint schools.

    By a majority vote of the voters present and voting at a meeting, duly warned for that purpose, a town school district or incorporated school district may authorize its school directors to enter into a contract or contracts with other towns and parties for the financing, construction, maintenance, and operation of a competent school or schools to provide means and facilities for the convenient and adequate development, education, and training of the youths of such town.

    History

    Source. 1949, No. 92 .

    ANNOTATIONS

    Analysis

    1. Constitutionality.

    This section is not unconstitutional. 1956-58 Op. Atty. Gen. 66.

    2. State Board of Education.

    State Board of Education has no specific functions under this section and section 572 of this title and terms of joint board agreement, imposing on State Board power to determine controversies, are not binding on State Board. 1956-58 Op. Atty. Gen. 66.

    3. Interstate school districts.

    It is within the authority of the Legislature to implement the association of units of local government for the purpose of jointly operating school facilities in a school district located in Vermont and New Hampshire. Dresden School District v. Norwich Town School District, 124 Vt. 227, 203 A.2d 598 (1964).

    § 572. Joint boards for joint, contract, or consolidated schools.

    1. The control of joint, contract, or consolidated schools, set up by two or more school districts, shall be vested in a joint school board from the forming school districts, and the members of the joint school board shall be chosen in the manner provided for in, and for the purpose of, this section. A joint, contract, or consolidated school board shall be referred to as a joint board.
    2. The joint board shall have full authority to act on all matters pertaining to the finance, location, construction, maintenance, and operation of schools set up as joint, contract, or consolidated schools, including the selection and hiring of teachers.
    3. The joint board shall consist of members chosen annually from the duly elected school boards of the school districts, each school district board electing a member or members to the joint board from among its own members.
    4. Unless the school districts that are parties to the contract have agreed upon a different method of allocating board members that is consistent with law, the allocation of the board members shall be as provided in this subsection. The school district with the largest number of pupils attending the joint, contract, or consolidated school shall have three members on the joint board. Each other school district shall have at least one member on the joint board, and its total membership shall be determined by dividing the number of pupils from the school district with the largest enrollment by three, rounding off the quotient to the nearest whole number, which shall be called the "factor" and by then dividing the pupil enrollment of each of the other school districts by the "factor," rounding off this quotient to the nearest whole number, this number being the number of school directors on the joint board from each of the other school districts. Pupil enrollment for the purpose of determining the number of members on the joint board to which each school district is entitled shall be taken from the school registers on January 1 of the calendar year in which the school year starts. The joint board shall annually select from among its members a chair and a clerk and shall also select a treasurer from among the treasurers of the contracting districts.

      Amended 1961, No. 79 ; 1991, No. 173 (Adj. Sess.); 2011, No. 129 (Adj. Sess.), § 8, eff. May 11, 2012; 2019, No. 131 (Adj. Sess.), § 65.

    History

    Source. 1949, No. 95 , §§ 1-3.

    Amendments--2019 (Adj. Sess.). Subsec. (a): Substituted "the forming" for "such", substituted "the members of the joint school" for "such", deleted "hereinafter" following "manner", inserted "in," following "provided for" and made punctuation changes.

    Amendments--2011 (Adj. Sess.). Subsec. (d): Added "and shall also select a treasurer from among the treasurers of the contracting districts" to the final sentence.

    Amendments--1991 (Adj. Sess.) Substituted "school districts" for "towns" and "school district" for "town" wherever they appeared in subsecs. (a), (c) and (d) and added the first sentence of subsec. (d).

    Amendments--1961. Subsec. (c): Amended generally.

    ANNOTATIONS

    Analysis

    1. Constitutionality.

    This section is not unconstitutional. 1956-58 Op. Atty. Gen. 66.

    2. State board of education.

    State Board of Education has no specific functions under this section and section 571 of this title and terms of joint board agreement, imposing on State Board power to determine controversies, are not binding on State Board. 1956-58 Op. Atty. Gen. 66.

    Subchapter 2. Union High School Districts

    ARTICLE 1. General Provisions

    §§ 601, 602. Repealed. 1967, No. 277 (Adj. Sess.), § 39.

    History

    Former §§ 601-602. Former §§ 601-602, relating to policy and application of laws, was derived from 1967, No. 155 , § 2; 1953, No. 202 , §§ 1, 2, 24. The subject matter is now covered by §§ 701-701b of this title.

    ARTICLE 2. Organization and Operation

    §§ 611-625. Repealed. 1967, No. 277 (Adj. Sess.), § 39.

    History

    Former §§ 611-625. Former § 611, relating to preliminary study, was derived from 1953, No. 202 , § 3.

    Former § 612, relating to establishment of union high school district and supervisory services, was derived from 1957, No. 60 , § 1; 1955, No. 201 , § 1; 1953, No. 202 , § 4, and amended by 1959, No. 88 , § 1; 1961, No. 277 , § 1.

    Former § 613, relating to organization meeting, was derived from 1955, No. 201 , § 2; 1953, No. 202 , § 6, and amended by 1959, No. 88 , § 2.

    Former § 614, relating to election of officers, was derived from 1955, No. 201 , § 2; 1953, No. 202 , § 6.

    Former § 615, relating to terms of office and vacancies, was derived from 1955, No. 201 , § 2; 1953, No. 202 , § 6.

    Former § 616, relating to powers, duties, liabilities, and bonds of officers, was derived from 1953, No. 202 , § 7.

    Former § 617, relating to moderator and moderator pro tempore, was derived from 1953, No. 202 , § 8.

    Former § 618, relating to statistical information, was derived from 1953, No. 202 , § 9.

    Former § 619, relating to books and papers to be turned over to successor in office, was derived from 1953, No. 202 , § 10.

    Former § 620, relating to date of annual meetings, was derived from 1953, No. 202 , § 11, and amended by 1959, No. 88 , § 3.

    Former § 621, relating to warning of meetings, was derived from 1953, No. 202 , §§ 11-13.

    Former § 622, relating to eligibility of voters, was derived from 1953, No. 202 , §§ 5, 14.

    Former § 623, relating to check list, was derived from 1953, No. 202 , § 16.

    Former § 624, relating to record of proceedings, was derived from 1953, No. 202 , § 15.

    Former § 625, relating to polling places, was derived from 1963, No. 1 .

    The subject matter of former §§ 611-625 is now covered by chapter 11, subchapter 4, article 2 of this title.

    ARTICLE 3. Finances

    §§ 641-644. Repealed. 1967, No. 277 (Adj. Sess.), § 39.

    History

    Former §§ 641-644. Former §§ 641-644, relating to finances, were derived from 1959, No. 88 , §§ 4, 5; 1957, No. 60 , §§ 2, 3; 1953, No. 202 , §§ 17, 18, 21, 22. The subject matter is now covered by chapter 11, subchapter 4, article 3 of this title.

    ARTICLE 4. Changes in Membership; Districts under Prior Law

    §§ 661-663. Repealed. 1967, No. 277 (Adj. Sess.), § 39.

    History

    Former §§ 661-663. Former §§ 661-663, relating to changes in union school district membership and districts established under prior law, were derived from 1961, No. 277 , §§ 2, 3; 1955, No. 201 , §§ 3, 4; 1953, No. 202 , §§ 19, 20, 23, 26. The subject matter is now covered by chapter 11, subchapter 4, article 4 of this title.

    Subchapter 3. Union School Districts for Elementary and High Schools

    §§ 691-693. Repealed. 1967, No. 277 (Adj. Sess.), § 39.

    History

    Former §§ 691-693. Former §§ 691-693, relating to union school districts for elementary and high schools, were derived from 1965, No. 32 ; 1959, No. 88 , § 6; 1955, No. 206 , §§ 1-3.

    The subject matter of former sections 691-693 is now covered by chapter 11, subchapter 4, article 1 of this title.

    Subchapter 4. Union School Districts

    History

    Transition to full implementation of Act 130; funding of union and unified union school districts. 2005, No. 54 , § 19.

    Transition; employees of supervisory unions; Vt. Municipal Employees' Retirement System. 2011, No. 156 (Adj. Sess.), § 26 provides: "(a) If two or more districts merge to form a union school district pursuant to 16 V.S.A. chapter 11, subchapter 4, or a regional education district pursuant to No. 153 of the Acts of the 2009 Adj. Sess. (2010) ('the new district') prior to the date on which employees covered by the municipal employees' retirement system provisions of 24 V.S.A. chapter 125 ('the system') transitioned from employment solely by a school district to employment, wholly or in part, by a supervisory union pursuant to 16 V.S.A. § 261a(a)(6) or (8)(E) as amended on June 3, 2010 ('the transition date"), then:

    "(1) on the first day of merger, the new district shall be a participant in the system on behalf of:

    "(A) an employee from a school district that merged to form the new district if the merging district was a participant in the system prior to merger; and

    "(B) a new employee hired by the new district after the effective date of merger into a job classification for which the new district is a participant in the system, if any;

    "(2) an employee from a school district that was not a participant in the system prior to merger shall not be a member of the system unless, through negotiations with the new district under 21 V.S.A. chapter 22, the new district becomes a participant in the system on the employee's behalf.

    "(b) If a new district is formed after the transition date, then the new district shall assume the responsibilities of any one or more of the merging districts that participate in the system; provided, however, that this subsection shall not be construed to extend benefits to an employee who would not otherwise be a member of the system under any other provision of law.

    "(c) The existing membership and benefits of an employee shall not be impaired or reduced either by negotiations with the new district under 21 V.S.A. chapter 22 or otherwise.

    "(d) In addition to general responsibility for the operation of the Vermont municipal employees' retirement system pursuant to 24 V.S.A. § 5062(a), the responsibility for implementation of all sections of this act relating to the system is vested in the retirement board." see also 24 V.S.A. §§ 5051 and 5053a."

    ARTICLE 1. General Provisions

    § 701. Policy.

    It is declared to be the policy of the State to provide equal educational opportunities for all children in Vermont by authorizing two or more school districts, including an existing union school district, to establish a union school district for the purpose of owning, constructing, maintaining, or operating schools and to constitute the district so formed a municipal corporation with all of the rights and responsibilities that a town school district has in providing education for its youths.

    Added 1967, No. 277 (Adj. Sess.), § 3; amended 2007, No. 154 (Adj. Sess.), § 19.

    History

    Amendments--2007 (Adj. Sess.). Inserted ", including an existing union school district," after "districts".

    § 701a. Application of other laws.

    1. The provisions of this subchapter are intended to be in addition to the general provisions of law pertaining to schools and not a limitation upon them, and in the event there is no provision in this subchapter to cover a situation and the situation is covered by the general school law, then the provisions of the general school law apply.
    2. The provisions of general law relating to the administration and maintenance of schools; to school meetings and voting at the meetings; to grand lists; to the raising and expending of school money; to money apportioned by the State Board; to sharing in other State or federal aid; to the election, appointments, powers, duties, and liabilities of school officers; to secondary and elementary instruction; to transportation, board, and attendance of students; to textbooks and appliances; and to all other matters pertaining to schools in a town school district, unless inconsistent with this act or otherwise provided for in this subchapter, shall apply to schools maintained, similar school officers, and all matters pertaining to schools of the union school district.

      Added 1967, No. 277 (Adj. Sess.), § 4; amended 2013, No. 92 (Adj. Sess.), § 82, eff. Feb. 14, 2014.

    History

    Amendments--2013 (Adj. Sess.). Subsec. (b): Amended generally.

    § 701b. Application of chapter.

    1. Whenever referred to in this subchapter, the term "school district" shall include a "town school district," "incorporated school district," "union school district," or "city school district," and this subchapter shall accordingly apply to the organization and operation of a union school district of which any school district is a member or prospective member. The provisions of this subchapter shall apply and take precedence in the event of any conflict between those provisions and the provisions of the charter of a municipality that is a member or prospective member of a union district. Upon the organization of a union district under this subchapter, any charter of a member municipality is considered to be amended accordingly without further action.
    2. If a union school district votes to participate in a planning committee pursuant to section 706 of this title, its member districts shall not participate on the study committee. If the participating union school district votes to join another union school district that is successfully formed, any conflicting terms of its articles of agreement are repealed in favor of the terms of the articles of agreement of the newly formed union school district. If the proposed union school district is to be a unified union school district, however, only town districts and incorporated districts may participate in the joint study and vote on its formation. A successful vote to form a unified union school district dissolves any preexisting union school district within its borders, and any assets or liabilities held by that union school district shall be transferred to the new unified union district.

      Added 1967, No. 277 (Adj. Sess.), § 5; amended 2007, No. 154 (Adj. Sess.), § 20.

    History

    Amendments--2007 (Adj. Sess.). Subsec. (a): Added the subsec. designation; and deleted "thereby" following "considered to be" in the last sentence.

    Subsec. (b): Added.

    § 701c. Definition.

    Reference in any statute to "union high school district," or "union high school" includes a union school district, union elementary school district, or union elementary school.

    Added 1967, No. 277 (Adj. Sess.), § 38.

    ARTICLE 2. Organization and Operation

    History

    2007 (Adj. Sess.). 2007, No. 154 (Adj. Sess.), § 34 provides: "Pursuant to its statutory revision authority in 2 V.S.A. § 424, the legislative council is directed, wherever applicable in chapter 11 of Title 16, to substitute the term 'study' for the term 'plan' or 'planning.'"

    § 706. Proposal to form study committee.

    When the boards of two or more school districts believe that a study committee should be established to study the advisability of forming a union school district, or if five percent of the voters eligible to vote at the last annual or special school district meeting petition the board of their respective school districts to do so, each of the boards shall meet with the superintendent of each participating district. With the advice of the superintendent, the boards shall establish a budget and shall fix the number of persons to serve on the study committee that prepares the report required by this subchapter. The boards' proposal shall ensure that each participating district share in the committee's budget and be represented on the committee in that proportion that the equalized pupils (as defined in section 4001 of this title) of the district bear to the total equalized pupils of all school districts intending to participate in the committee's study. Nothing in this section shall be construed to prohibit informal exploration between and among school districts prior to the formation of a study committee.

    Added 1967, No. 277 (Adj. Sess.), § 6; amended 1997, No. 71 (Adj. Sess.), § 109, eff. March 11, 1998; 2005, No. 182 (Adj. Sess.), § 24; 2007, No. 154 (Adj. Sess.), § 21.

    History

    Amendments--2007 (Adj. Sess.). Act 154, § 21 substituted "Proposal to Form" for "Formation of" in the section heading and amended the section generally.

    Substituted "study" for "planning" pursuant to Act 154, § 34.

    Amendments--2005 (Adj. Sess.). Inserted "or her" following "his" in the first sentence, substituted "equalized pupils" for "average daily membership" in two places and substituted "bear" for "bears" in the second sentence, and added the third and fourth sentences.

    Amendments--1997 (Adj. Sess.). Substituted "section 4001 of this title" for "16 V.S.A. § 3441" in the last sentence.

    § 706a. Approval of study budget; appointment of study committee.

    1. If the proposed budget established in section 706 of this chapter exceeds $25,000.00, then:
      1. The voters of each participating district shall be warned to meet at an annual or special school district meeting to vote on a question in substantially the following form: "Shall the school district of  .................... appropriate funds necessary to support the district's financial share of a study to determine the advisability of forming a union school district with some or all of the following school districts:  ....................? It is estimated that the district's share, if all the above-listed districts vote to participate, will be $ ..................... The total proposed budget, to be shared by all participating districts, is $ .........." It is not necessary for the voters of each participating district to vote on the same date to establish a union school district study committee.
      2. If the vote is in the affirmative in two or more districts, the boards of the participating districts shall appoint a study committee consisting of the number of persons previously fixed. At least one school director from each participating district shall be on the committee. A district board may appoint residents to the committee who are not school directors.
      3. The sums expended for study purposes under this section shall be considered a part of the approved cost of any project in which the district participates pursuant to sections 3447 through 3449 of this title.
    2. If the proposed budget established in section 706 of this chapter does not exceed $25,000.00, then the boards of the participating districts shall appoint a study committee consisting of the number of persons previously fixed. At least one school director from each participating district shall be on the committee. A district board may appoint residents who are not school directors to the committee. The sums expended for study purposes under this section shall be considered a part of the approved cost of any project in which the district participates pursuant to sections 3447 through 3449 of this title.

      Added 1967, No. 277 (Adj. Sess.), § 7; amended 2007, No. 154 (Adj. Sess.), § 22.

    History

    Reference in text. Sections 3448b through 3448d and section 3349, referred to as part of the span of sections 3447 through 3449 referenced in subdiv. (a)(3) and subsec. (b), are repealed. Sections 3448b-3448d were repealed by 1995, No. 185 , § 7a and section 3449 was repealed by 2013, No. 56 , § 15(8).

    Amendments--2007 (Adj. Sess.). Act 154, § 22 added "; Appointment of Planning Committee" at the end of the section heading; added the subsec. (a) designation, and amended subsec. (a) generally; and added subsec. (b).

    Substituted "study" for "planning" pursuant to Act 154, § 34.

    § 706b. Study committee; contents of study committee report.

    1. Study committee.  When a study committee is appointed, the members shall elect a chair who shall notify the Secretary of Education of the appointment. The Secretary shall cooperate with the study committee and may make Agency staff available to assist in the study of the proposed union school district. The committee is a public body pursuant to 1 V.S.A. § 310(3) . The committee shall cease to exist when the clerk of each district voting on a proposal to establish a union school district has certified the results of the vote to the Secretary pursuant to section 706g of this chapter.
    2. Decision and report.  The study committee may determine that it is inadvisable to form a union school district, or it may prepare a report in the form of an agreement between member districts for the government of the proposed union school district. In making its determination, the committee may contact additional school districts it believes may be advisable to include within a new union school district. If the committee decides to recommend formation of a union school district, its report shall specify:
      1. The names of school districts the committee considers necessary to the establishment of the proposed union; provided, however, only districts named in the warning for the vote under section 706a of this chapter may be identified as necessary.
      2. The names of additional school districts the committee considers advisable to include in the proposed union school district.
      3. The grades to be operated by the proposed union school district.
      4. The cost and general location of any proposed new schools to be constructed and the cost and general description of any proposed renovations.
      5. A plan for the first year of the union school district's operation for the transportation of students, the assignment of staff, and curriculum that is consistent with existing contracts, collective bargaining agreements, or other provisions of law. The board of the union school district shall make all subsequent decisions regarding transportation, staff, and curriculum subject to existing contracts, collective bargaining agreements, or other provisions of law.
      6. The indebtedness of proposed member districts that the union school district shall assume.
      7. The specific pieces of real property of proposed member districts that the union shall acquire, their valuation, and how the union school district shall pay for them.
      8. The allocation of capital and operating expenses of the union school district among the member districts.
      9. Consistent with the proportional representation requirements of the Equal Protection Clause of the U.S. Constitution, the method of apportioning the representation that each proposed member district shall have on the union school board. The union school board shall have no more than 18 members, and each member district shall be entitled to at least one representative.
      10. The term of office of directors initially elected, to be arranged so that one-third expire on the day of the second annual meeting of the respective districts, one-third on the day of the third annual meeting of the respective districts, and one-third on the day of the fourth annual meeting of the respective districts, or as near to that proportion as possible.
      11. The date on which the union school district proposal will be submitted to the voters.
      12. The date on which the union school district will begin operating schools and providing educational services.
      13. Any other matters that the committee considers pertinent, including whether votes on the union school district budget or public questions shall be by Australian ballot.

        Added 1967, No. 277 (Adj. Sess.), § 8; amended 1973, No. 2 , § 1; 2003, No. 130 (Adj. Sess.), § 15; 2007, No. 154 (Adj. Sess.), § 23; 2013, No. 92 (Adj. Sess.), § 83, eff. Feb. 14, 2014.

    History

    Amendments--2013 (Adj. Sess.). Subsec. (a): Substituted "Secretary" for "commissioner" and "Agency" for "department" throughout.

    Amendments--2007 (Adj. Sess.). Section amended generally.

    Substituted "study" for "planning" pursuant to Act 154, § 34.

    Amendments--2003 (Adj. Sess.). Subdiv. (8): Repealed on July 1, 2006.

    Amendments--1973 Subdiv. (10): Amended generally.

    ANNOTATIONS

    1. Apportionment of boards.

    Since school boards of union school districts perform governmental functions there can be no constitutionally permissible justification for the malapportionment of a school board in such a district. Leopold v. Young, 340 F. Supp. 1014 (D. Vt. 1972).

    § 706c. Consideration by local school district boards and approval by State Board of Education.

    1. If a study committee prepares a report under section 706b of this chapter, the committee shall transmit the report to the school boards of each school district that participated in the study committee and any other school districts that the report identifies as necessary or advisable to the establishment of the proposed union school district for the review and comment of each school board.
    2. The study committee shall transmit the report to the Secretary who shall submit the report with his or her recommendations to the State Board. After providing notice to the study committee and after giving the committee an opportunity to be heard, the State Board shall consider the report and the Secretary's recommendations and decide whether the formation of such union school district will be in the best interests of the State, the students, and the school districts proposed to be members of the union. The State Board may request that the Secretary and the study committee make further investigation and may consider any other information deemed by it to be pertinent. If, after due consideration and any further meetings it deems necessary, the State Board finds that the formation of the proposed union school district is in the best interests of the State, the students, and the school districts, it shall approve the report submitted by the committee, together with any amendments, as a final report of the study committee, and shall give notice of its action to the committee. The chair of the study committee shall file a copy of the final report with the town clerk of each proposed member district at least 20 days prior to the vote to establish the union.

      Added 1967, No. 277 (Adj. Sess.), § 9; amended 2007, No. 154 (Adj. Sess.), § 24; 2011, No. 156 (Adj. Sess.), § 18; 2013, No. 92 (Adj. Sess.), § 84, eff. Feb. 14, 2014.

    History

    Amendments--2013 (Adj. Sess.). Subsec. (b): Amended generally.

    Amendments--2011 (Adj. Sess.). Section amended generally.

    Amendments--2007 (Adj. Sess.). Section amended generally.

    Substituted "study" for "planning" pursuant to Act 154, § 34.

    § 706d. Vote to establish union school districts.

    Each school district that is designated in the final report as necessary to the proposed union school district shall vote, and any school district designated in the final report as advisable to be included may vote on the establishment of the proposed union school district. The vote shall be held on the date specified in the final report. The vote shall be warned in each proposed member school district by the school board of that district, and the vote shall be by Australian ballot at separate school district meetings held on the same day and during the same hours. The polls shall remain open at least eight hours. Early or absentee voting as provided by 17 V.S.A. §§ 2531 to 2550 shall be permitted. The meetings shall be warned as a special meeting of each school district voting on the proposal. The school board of a school district designated as "advisable" in the proposed union school district may choose not to hold a meeting to vote on the question of establishing the union school district; provided, however, it shall warn and conduct the meeting on application of ten percent of the voters in the school district.

    Added 1967, No. 277 (Adj. Sess.), § 10; amended 1987, No. 228 (Adj. Sess.), § 19; 2001, No. 6 , § 12(c), eff. April 10, 2001; 2007, No. 154 (Adj. Sess.), § 25.

    History

    Amendments--2007 (Adj. Sess.). Section amended generally.

    Amendments--2001. Substituted "Early or absentee voting" for "Absentee voting" at the beginning of the fifth sentence.

    Amendments--1987 (Adj. Sess.) In the fifth sentence, substituted "sections 2531 to 2550" for "sections 121 to 147".

    § 706e. Election of directors.

    1. Each school district, at the meetings warned to vote on establishment of the union, shall also elect directors by Australian ballot to represent the district on the union school board in the event the union is approved by the voters. Directors so elected shall serve from the date of the organization meeting for terms as provided in the final report.
    2. Nominations for the office of union school director representing any district shall be made by filing with the clerk of that school district proposed as a member of the union, a statement of nomination signed by at least 30 voters in that district or one percent of the legal voters in the district, whichever is less and accepted in writing by the nominee. A statement shall be filed not less than 30 nor more than 40 days prior to the date of the vote. Each person so nominated shall have his or her name placed on the ballot. Each district shall elect as many directors as it is then entitled to have represent it on the union school board. The candidates for directors receiving the largest numbers of votes shall be elected to the union school board. In the event of a tie that, if unbroken, will result in more directors being elected than a district is entitled to, the town board of school directors shall, by majority vote, cast one vote for one of the candidates tied and so create a plurality for that candidate. Nothing contained in this subchapter shall be construed to prohibit the election of school directors by at-large voting.
    3. Nominations for the office of a union school director at-large shall be for a person who is a resident of a school district that is proposed as necessary to the establishment of the union. The nomination shall be made by filing with the clerk of any of the school districts proposed as necessary to the establishment of the union not less than 30 nor more than 40 days prior to the date of the vote, a statement of nomination signed by at least 60 voters from one or more districts proposed as necessary to the establishment of the union. Upon receipt of a petition for an at-large union school director, a clerk shall place the name of the person on the ballot and shall notify each clerk of every other school district proposed as a member of the union that the person is to have his or her name placed on each ballot in each district. Each district shall vote on candidates for member at-large. The candidates receiving the largest number of votes shall be elected to the union school board.

      Added 1967, No. 277 (Adj. Sess.), § 11; amended 1971, No. 11 ; 1975, No. 48 , § 7, eff. April 15, 1975; 1999, No. 64 (Adj. Sess.), § 1, eff. Feb. 3, 2000; 2003, No. 36 , § 6.

    History

    Amendments--2003. Designated the former undesignated paragraphs as subsecs. (a) and (b) and added subsec. (c).

    Amendments--1999 (Adj. Sess.). Substituted "at least 30 voters in that district or one percent of the legal voters in the district, whichever is less" for "the voters of the district equal in number to at least one percent on the entire vote cast for governor in that district in the last general election" in the third sentence and inserted "or her" following "his" in the fifth sentence.

    Amendments--1975 Substituted "the" for "ten" following "signed by" and inserted "equal in number to at least one percent of the entire vote cast for governor in that district in the last general election" preceding "and accepted" in the third sentence, substituted "less than 30 nor more than 40" for "more than forty nor less than thirty" preceding "days prior" in the fourth sentence and added the eighth sentence.

    Amendments--1971 Substituted "more than forty nor less than thirty" for "not less than ten" preceding "days prior" in the fourth sentence.

    ANNOTATIONS

    Analysis

    1. Construction with other law.

    Notwithstanding the fact that the voters of a union school district have the authority to approve the budget and to authorize various transactions, such as the purchase or lease of land and the borrowing of money, the broad power conferred on school directors of union school districts by the Vermont Legislature is sufficiently governmental in nature to require the application of the one person, one vote principle in the election of union school directors. Barnes v. Board of Directors, Mount Anthony Union High School District, 418 F. Supp. 845 (D. Vt. 1976).

    2. Apportionment of boards.

    Where smallest district in union school district had 286 residents and one board member, largest district had 13,602 residents and four board members, and the other three districts each had two members and had 1,974, 2,441 and 1,421 residents, there was a variance in the voting strength of the districts sufficient to violate the Equal Protection Clause; and the vote of the member districts to join the union under the condition that such apportionment was agreed upon, together with the approval of the union by the State Board of Education and the Secretary of State in accord with enabling legislation, did not constitute a corporate charter inviolate under the Contracts Clause of the federal Constitution or under the State Constitution from legislative or judicial action, as approval of an apportionment plan by the electorate does not make it constitutional if it otherwise violates the Equal Protection Clause. Barnes v. Board of Directors, Mount Anthony Union High School District, 418 F. Supp. 845 (D. Vt. 1976).

    Proposed apportionment of board of union school district composed of five member districts, whereby the election of the board members would be by the vote of the union-wide electorate, so that all voters in all member districts would vote for the nominees of their choice, would not violate the Equal Protection Clause one man, one vote, principle. Barnes v. Board of Directors, Mount Anthony Union High School District, 418 F. Supp. 845 (D. Vt. 1976).

    § 706f. Contents of warning on vote to establish the union.

    The warning for each school district meeting shall contain two articles in substantially the following form:

    WARNING

    The voters of the town (city, union, etc.) school district of are hereby notified and warned to meet at on the day of , , to vote by Australian ballot between the hours of , at which time the polls will open, and, at which time the polls will close, upon the following articles of business:

    Article I

    Shall the town (city, union, etc.) school district of , which the State Board of Education has found (necessary or advisable) to include in the proposed union school district, join with the school districts of and , which the State Board of Education has found necessary to include in the proposed union school district, and the school districts of and , which the State Board of Education has found advisable to include in the proposed union school district, for the purpose of forming a union school district, as provided in Title 16, Vermont Statutes Annotated, upon the following conditions and agreements: (a) Grades. The union school district shall operate and manage a school offering instruction in grades ________ through ________. (b) Board of School Directors. (State formula by which representation of each member district on the union school board is to be determined.) (c) [Repealed.] (d) Assumption of debts and ownership of school property. The union school district shall assume the indebtedness of member districts, acquire the school properties of member districts, and pay for them, all as specified in the final report. (If no indebtedness is to be assumed, or school property acquired, by the union district, this paragraph (d) may be omitted.) (e) Final Report. The provisions of the final report approved by the State Board of Education on the day of , , which is on file in the town clerk's office, shall govern the union district.

    Article II

    To elect from the following nominees: , , (name, etc.), (number of directors that the district is entitled to) school director(s) to serve on the proposed union school district board from the date of the organization meeting for terms as provided in the final report.

    Added 1967, No. 277 (Adj. Sess.), § 12; amended 2003, No. 130 (Adj. Sess.), § 15; 2007, No. 154 (Adj. Sess.), § 26; 2009, No. 44 , § 10, eff. May 21, 2009.

    History

    Amendments--2009. Subsec. (a): Added "a school" after "manage."

    Amendments--2007 (Adj. Sess.). Subsec. (a): Substituted "Grades" for "Class of schools", and deleted "(class of school or schools)" following "manage".

    Amendments--2003 (Adj. Sess.). Subsec. (c): Repealed on July 1, 2006.

    § 706g. Designation of districts as union school district, recording by Secretary of State.

    Within 45 days after the vote or 15 days after an unsuccessful vote to reconsider or rescind the original vote under 17 V.S.A. § 2661 , whichever is later, the clerk of each district voting on the proposal to establish a union school district shall certify the results of the vote to the Secretary of Education. If a majority of the voters voting in each district that is designated in the final report as necessary to the establishment of the proposed union vote to establish the proposed union district, those districts, together with any district designated in the final report as advisable to be included in the proposed union, that voted by a majority of those voting to establish the proposed union district shall constitute a union school district. The Secretary of Education shall designate all such districts as a union school district and shall so certify to the Secretary of State, who shall record such certification. Upon this record, the union school district shall become a body politic and corporate with the powers incident to a municipal corporation, shall be known by the name or number given in the certificate, by that name or number may sue and be sued, and may hold and convey real and personal estate for the use of the district. The record shall be notice to all parties of the establishment of the union school district with all the powers incident to such a district as provided in this subchapter. A certified copy of the record in the Office of the Secretary of State shall be filed by him or her in the office of the clerk of each school district to be included within the union school district within 15 days from the date the Secretary of Education certified the existence of the union district to him or her. This filing shall be prima facie evidence of full compliance with the requirements for the creation of a union school district as set forth in this subchapter.

    Added 1967, No. 277 (Adj. Sess.), § 13; amended 2013, No. 56 , § 1, eff. May 30, 2013; 2019, No. 131 (Adj. Sess.), § 66.

    History

    Editor's note. Although 1989, No. 118 , § 3, amended each section of this title containing the words "certify" and "certificate" by substituting therefor "license" the word "certified" by substituting therefor "licensed" and the word "certification" by substituting therefor "licensing", the words "certify", "certificate", "certification', and "certified" were not changed to "license", "licensing", and "licensed" in view of the context of the references.

    Amendments--2019 (Adj. Sess.). In the fifth sentence, deleted "herein" following "district as" and inserted "in this subchapter".

    Amendments--2013. Section heading: Deleted "State board" preceding "designation".

    Substituted "45 days after the vote or 15 days after an unsuccessful vote to reconsider or rescind the original vote under 17 V.S.A. § 2661, whichever is later" for "ten days of the vote" in the first sentence, "Secretary of Education" for "commissioner of education" throughout the section, and "15" for "fifteen" preceding "days"; and inserted "of full compliance with" for "that" following "evidence".

    § 706h. Superintendent for union district.

    For administrative and supervisory services, the State Board of Education shall assign a union school district to a supervisory union as established according to the provisions of this title.

    Added 1967, No. 277 (Adj. Sess.); amended 1969, No. 298 (Adj. Sess.), § 1.

    History

    Amendments--1969 (Adj. Sess.) Substituted "this title" for "16 V.S.A. § 261" and deleted the second and third sentences.

    § 706i. Organization meeting; notice.

    Within 60 days after the copies of the certificate have been filed in the office of the clerk of each school district to be included as members of the union school district, the voters in the union district shall hold an organization meeting within the district. Notice of the day, hour, and place of the meeting shall be posted in at least one public place in each member school district of the union school district and published once in a newspaper circulating in the union district. Publication and posting shall be made not more than 40 days nor less than 30 days before the date of the meeting. The warning for such meeting shall be drawn by the Secretary or by such person or persons who are voters in the union school district as the Secretary may designate for the purpose. The cost of giving notice shall be borne by the union school district.

    Added 1967, No. 277 (Adj. Sess.), § 15; amended 1971, No. 4 , eff. March 19, 1971; 2013, No. 92 (Adj. Sess.), § 86, eff. Feb. 14, 2014.

    History

    Editor's note. Although 1989, No. 118 , § 3, amended each section of this title containing the word "certificate" by substituting therefor "license", the word "certificate" appearing in the first sentence was not changed to "license" in view of the context of the reference.

    Amendments--2013 (Adj. Sess.). Substituted "Secretary" for "commissioner" and "the Secretary" for "he or she" in the fourth sentence.

    Amendments--1971 Rewrote the third sentence.

    § 706j. Organization meeting; business to be transacted.

    1. The meeting shall be called to order by the Secretary or a person designated by the Secretary, and at such meeting or at an adjournment thereof:
      1. A temporary presiding officer and clerk from among the qualified voters shall be elected.
      2. The meeting shall adopt Robert's or other rules of order, which shall govern the parliamentary procedures of this and subsequent meetings of the union school district.
      3. A moderator, a clerk, a treasurer, and three auditors shall be elected; a treasurer shall be elected unless a supervisory union treasurer is designated to act as treasurer of the union district.
      4. Compensation to be paid district officers shall be determined and approved.
      5. The date of the annual meeting shall be not earlier than February 1 nor later than June 1.
      6. The date on which the union will assume control of existing schools of the class specified in the vote to establish the union shall be determined.
      7. Provision shall be made for the payment of any expense incurred or to be incurred by or on behalf of the district for the period between the date on which the vote was taken to form the union district and the first annual meeting of the union district, including the cost of architects, surveyors, contractors, attorneys, educational consultants or other experts, the purchase price of a site for a union school, and current operating expenses.
      8. The board of directors may be authorized by the electorate to borrow money pending receipt of payments from the Education Fund by the issuance of its notes or orders payable not later than one year from date. A newly formed union school district, however, is authorized to borrow sufficient funds to meet pending obligations.
      9. Any other business, the subject matter of which has been included in the warning, that the voters have power to transact at any annual meeting, may be transacted.
    2. The officers and directors as elected shall be sworn in before entering upon the duties of their offices, and a record made by the clerk.  They shall assume office upon being sworn in. Officers shall serve until the first annual meeting or until their successors are elected and qualified.  When there is only one nominee for temporary presiding officer, temporary clerk, moderator, clerk, treasurer, or auditor, the voters may, by acclamation, instruct an officer to elect the nominee by casting one ballot, and upon the ballot being cast, the nominee shall be legally elected and shall thereupon be sworn.

      Added 1967, No. 277 (Adj. Sess.), § 16; amended 1969, No. 298 (Adj. Sess.), § 2; 1971, No. 138 (Adj. Sess.); 1973, No. 2 , § 2; 1977, No. 128 (Adj. Sess.), § 2; 2003, No. 130 (Adj. Sess.), § 1, eff. July 1, 2006; 2007, No. 154 (Adj. Sess.), § 27; 2013, No. 92 (Adj. Sess.), § 87, eff. Feb. 14, 2014.

    History

    Amendments--2013 (Adj. Sess.). Subsec. (a): Substituted "Secretary" for "commissioner" twice in the subsec.

    Amendments--2007 (Adj. Sess.). Subsec. (a): Substituted "the commissioner" for "him" in the introductory paragraph of subsec. (a).

    Subdiv. (a)(8): Inserted "by the electorate" following "authorized" in the first sentence and added the second sentence.

    Amendments--2003 (Adj. Sess.). Subdiv. (a)(8): Substituted "education fund" for "member districts as provided in this subchapter".

    Amendments--1977 (Adj. Sess.) Subdiv. (a)(5): Deleted "established" preceding "not earlier than" and substituted "June 1" for "January 1 nor later than February 28" thereafter and deleted the second sentence.

    Amendments--1973 Designated the first paragraph as subsec. (a), designated the second paragraph as subsec. (b) and deleted "July 1 following" preceding "the first" in the second sentence of that subsec.

    Amendments--1971 (Adj. Sess.) Subdiv. (5): Substituted "February 28" for "May 15" at the end of the first sentence and added the second sentence.

    Amendments--1969 (Adj. Sess.) Subdiv. (3): Added "a treasurer shall be elected unless a supervisory union treasurer is designated to act as treasurer of the union district" at the end of the subdiv.

    § 706k. Election of district officers.

    1. A school director representing a member district who is to serve on the union school district board after the expiration of the terms provided for school directors in the final report shall be elected by that member district at an annual or special meeting. Such election shall be by Australian ballot in those member districts that so elect their town school district directors. Union district officers elected at an annual meeting shall enter upon their duties on July 1 following their election and shall serve a term of one year or until their successors are elected and qualified, except that if the voters at an annual meeting so vote, moderators elected at an annual meeting shall assume office upon election and shall serve for a term of one year or until their successors are elected and qualified. School directors elected at an annual meeting shall assume office upon election and shall serve a term of three years or until their successors are elected and qualified. The clerk of the union district shall, within ten days after the election or appointment of any officer or director, give notice of the results to the Secretary of State.
    2. In any member district that elects its representative directors to the union school district board, or other union district officers, by Australian ballot, statements of nomination for officers to be elected by Australian ballot shall be signed by at least 30 voters in that district or one percent of the legal voters in the district, whichever is less. The statement of nomination shall be accepted in writing by the nominee. The statement shall be filed with the clerk of the town school district no later than 5:00 p.m. on the sixth Monday preceding the day of the election.
    3. In a union district that elects one or more at-large directors by Australian ballot, a nomination shall be made by filing a statement of nomination signed by at least 60 voters from one or more member districts with the clerk of the union school district no later than 5:00 p.m. on the sixth Monday preceding the day of the election.

      Added 1967, No. 277 (Adj. Sess.), § 17; amended 1973, No. 2 , § 3; 1975, No. 48 , § 8, eff. April 15, 1975; 1991, No. 12 ; 1999, No. 64 (Adj. Sess.), § 2, eff. Feb. 3, 2000; 2003, No. 36 , § 7.

    History

    Amendments--2003. Subsec. (c): Added.

    Amendments--1999 (Adj. Sess.). Designated the existing provisions of the section as subsec. (a) and added subsec. (b).

    Amendments--1991 Added "except that if the voters at an annual meeting so vote, moderators elected at an annual meeting shall assume office upon election and shall serve for a term of one year or until their successors are elected and qualified" following "qualified" at the end of the third sentence.

    Amendments--1975 Rewrote the third sentence.

    Amendments--1973 Rewrote the third sentence.

    § 706l. Vacancies in district offices.

    1. A vacancy occurring in any district office other than on the board of directors shall be temporarily filled by the board of school directors of the union school district as soon as practicable after the vacancy occurs and the temporary appointee shall serve until the district, at its next meeting, fills the vacancy for the remainder of the unexpired term.
    2. When a vacancy occurs on the board of directors:
      1. If the member represented a member school district, the clerk shall immediately notify the school board of the member district. Within 30 days of the receipt of that notice, the school board shall appoint a person who is otherwise eligible to serve as a director from that district to fill the vacancy until an election at a special or annual district meeting is held.
      2. If the member represented a town that does not have a school board, the clerk shall immediately notify the selectboard of the town. Within 30 days of the receipt of that notice, the selectboard shall appoint a person who is otherwise eligible to serve as a director from that district to fill the vacancy until an election at a special or annual district meeting is held.
      3. If the member was elected at large to represent the entire union district, the union school board shall, within 30 days of the creation of the vacancy, appoint a person who is otherwise eligible to serve as a director to fill the vacancy until an election at a special or annual district meeting is held.
      4. If there are vacancies in a majority of the members of the board of directors at the same time, the remaining director or directors are authorized to draw orders for payment of continuing obligations and necessary expenses until a majority of the vacancies is filled. If there are no directors in office, the Secretary of State shall appoint and authorize the union school district clerk or other qualified person to draw orders for payment of continuing obligations and necessary expenses until a majority of the vacancies is filled.

        Added 1967, No. 277 (Adj. Sess.), § 18; amended 1975, No. 171 (Adj. Sess.), § 2; 2005, No. 32 , § 2.

    History

    Amendments--2005 Subsec. (b): Amended generally.

    Amendments--1975 (Adj. Sess.) Designated existing provisions of the section as subsec. (a) and substituted "other than" for "or" following "office" and deleted "which elected the original incumbent" preceding "at its next" in that subsec., and added subsec. (b).

    § 706m. Terms of office.

    The terms of office of directors shall be three years after the first term and of all other officers shall be one year.

    Added 1967, No. 277 (Adj. Sess.), § 19; amended 2005, No. 54 , § 6; 2011, No. 129 (Adj. Sess.), § 25, eff. July 1, 2013.

    History

    Amendments--2011 (Adj. Sess.) Deleted "elimination of office of auditor" from the section heading, deleted subsecs. (a) and (b) designations, inserted "shall be" preceding "one year" in the remaining sentence, deleted second sentence in subsec. (a), and repealed all of former subsec. (b).

    Amendments--2005 Added "elimination of office of auditor" in the section heading, designated the existing provisions of the section as subsec. (a) and added subsec. (b).

    § 706n. Amendments to agreements reached by establishment vote, organization meeting, or final report.

    1. A specific condition or agreement set forth as a distinct subsection under Article 1 of the warning required by section 706f of this chapter and adopted by the member districts at the vote held to establish the union school district, or any amendment subsequently adopted pursuant to the terms of this section, may be amended only at a special or annual union district meeting, provided that the prior approval of the State Board of Education shall be secured if the proposed amendment concerns reducing the number of grades that the union is to operate. The warning for the meeting shall contain each proposed amendment as a separate article. The vote on each proposed amendment shall be by Australian ballot. Ballots shall be counted in each member district, and the clerks of each member district shall transmit the results of the vote in that district to the union school district clerk. Although the results shall be reported to the public by member district, an amendment is effective if approved by a majority of the electorate of the union district voting at that meeting.
    2. Any decision at the organization meeting may be amended by a majority of those present and voting at a union district meeting duly warned for that purpose.
    3. Any provision of the final report that was included in the warning required pursuant to section 706f of this chapter for the vote to form the union by reference to or incorporation of the entire report but that was not set forth as a distinct subsection under Article 1 of the warning may be amended by a simple majority vote of the union board of school directors or by any other majority of the board as is specified for a particular matter in the report.

      Added 1967, No. 277 (Adj. Sess.); amended 1969, No. 298 (Adj. Sess.), § 3; 2003, No. 130 (Adj. Sess.), § 2, eff. July 1, 2006; 2007, No. 154 (Adj. Sess.), § 28; 2011, No. 156 (Adj. Sess.), § 19.

    History

    Amendments--2011 (Adj. Sess.). Section amended generally.

    Amendments--2007 (Adj. Sess.). Subsec. (a): Amended generally.

    Subsec. (c): Inserted "required pursuant to section 706f of this chapter" following "warning".

    Amendments--2003 (Adj. Sess.). Subsec. (a): Amended generally.

    Amendments--1969 (Adj. Sess.). Subsec. (a): Substituted "only at a special or annual member" preceding "district" and "the prior approval of the state board of education shall be secured" for "the union school board shall secure the prior approval of the state board of education" following "operate" in the first sentence and added the fifth and sixth sentences.

    § 706o. Statistical information.

    Annually, on or before August 15, the directors shall give or cause to be given to the Secretary of Education answers to statistical inquiries that may be addressed to the district by the Secretary.

    Added 1967, No. 277 (Adj. Sess.), § 21; amended 1971, No. 10 ; 2013, No. 92 (Adj. Sess.), § 88, eff. Feb. 14, 2014.

    History

    Amendments--2013 (Adj. Sess.). Substituted "Secretary" for "commissioner" throughout.

    Amendments--1971. Substituted "August 15" for "July 15".

    § 706p. Warnings of union district meetings.

    1. Union district meetings shall be warned by the clerk, or in the case of his or her disability, by the directors, by posting a notice, signed by the chair of the board or a board member designated by him or her, specifying the time, place, and business of the meeting, in at least one public place in each member school district of the union school district, and causing the same to be published once in a newspaper circulating in the union district.  Publication and posting shall be made at least 30 days and not more than 40 days before the meeting, not counting the day of the meeting.  The warning shall be recorded in the office of the clerk before being posted.
    2. Any meeting called for the purpose of considering a bond issue shall be warned in accordance with the provisions of 24 V.S.A. § 1755 .
    3. The board of directors shall have the same authority and obligation to warn or call meetings of the union school district as selectboard members have to warn or call town meetings.
    4. When a person whose duty it is to warn a district meeting neglects to do so for ten days after application is made as provided in this section, he or she shall forfeit to the district $20.00 for each ten days' neglect, to be recovered in an action on this statute.

      Added 1967, No. 277 (Adj. Sess.), § 22; amended 1969, No. 298 (Adj. Sess.), § 4; 2013, No. 161 (Adj. Sess.), §§ 72(a),(c); 2019, No. 131 (Adj. Sess.), § 67.

    History

    2013 (Adj. Sess.) Substituted "chair" for "chairman" in subsec. (a) and "selectboard members" for "selectmen" in subsec. (c) in accordance with 2013, No. 161 (Adj. Sess.), § 72.

    - 1971 (Adj. Sess.). In subsec. (d), deleted "of tort" following "action" to conform language to Rule 2, Vermont Rules of Civil Procedure, pursuant to 1971, No. 185 (Adj. Sess.), § 236(d). See note set out under 4 V.S.A. § 219.

    Amendments--2019 (Adj. Sess.). Subsec. (d): Deleted "above" following "made as", and inserted "in this section" following "provided".

    Amendments--1969 (Adj. Sess.) Subsec. (a): Substituted "thirty" for "twelve" following "at least" and "forty" for "twenty" following "more than" in the second sentence.

    § 706q. Powers, duties, and liabilities of officers; bonds.

    1. The powers, duties, and liabilities of the treasurer, board of directors, and clerk shall be like those of a treasurer, board of school directors, and clerk of a town school district.
    2. Before entering upon the duties of their office, the board of school directors shall give a blanket bond and the treasurer shall give a personal bond to the district, conditioned upon the faithful performance of their duties. The treasurer's bond shall be in such sum as the board of school directors shall require. The board of school directors' bond shall be in such sum as shall be required by the Secretary of Education. When a board of school directors or treasurer for 10 days neglects to give a bond as required, the office shall become vacant.
    3. The board of directors shall prepare an annual report concerning the affairs of the union district and have it printed and distributed to the legal voters of the union at least ten days prior to the annual union district meeting. The report shall be filed with the clerk of the union district and the town clerk of each member district. It shall include:
      1. a statement of the board concerning the affairs of the union district;
      2. the budget proposed for the next year;
      3. a statement of the superintendent of schools for the union district concerning the affairs of the union; and
      4. a treasurer's report.
      5. [Repealed.]

        Added 1967, No. 277 (Adj. Sess.), § 23; amended 1969, No. 298 (Adj. Sess.), § 5; 2003, No. 107 (Adj. Sess.), § 5; 2011, No. 129 (Adj. Sess.), §§ 26, 27, eff. July 1, 2013; 2013, No. 92 (Adj. Sess.), § 89, eff. Feb. 14, 2014.

    History

    Amendments--2013 (Adj. Sess.). Subsec. (b): Substituted "Secretary of Education" for "commissioner of education".

    Amendments--2011 (Adj. Sess.). Subsec. (a): Deleted "auditor" preceding "board of directors" and "board of school director".

    Subdiv. (c)(5): Repealed.

    Amendments--2003 (Adj. Sess.). Subdiv. (c)(5): In the first sentence, substituted "A summary of an" for "An", and added the second sentence.

    Amendments--1969 (Adj. Sess.) Subsec. (b): Amended generally.

    ANNOTATIONS

    Cited. Pominville v. Addison Central Supervisory Union, 154 Vt. 299, 575 A.2d 196 (1990).

    § 706r. Moderator.

    The moderator shall preside at district meetings and in his or her absence a moderator pro tempore shall be chosen to preside.

    Added 1967, No. 277 (Adj. Sess.), § 24.

    § 706s. Books and papers to be turned over to successor.

    When a district office becomes vacant, and a successor is elected or appointed, the successor is entitled to receive all of the books and papers of the office, on demand. A person having books or papers in his or her possession who refuses for ten days after demand to surrender the same to the successor shall forfeit to the district $20.00 for each ten days' neglect, to be recovered in an action on this statute.

    Added 1967, No. 277 (Adj. Sess.), § 25.

    History

    Revision note. Deleted "of tort" following "action" to conform language to Rule 2, Vermont Rules of Civil Procedure, pursuant to 1971, No. 185 (Adj. Sess.), § 236(d). See note set out under 4 V.S.A. § 219.

    § 706t. Repealed. 1969, No. 298 (Adj. Sess.), § 79.

    History

    Former § 706t. Former § 706t, relating to eligibility of voters, was derived from 1967, No. 277 (Adj. Sess.), § 26.

    § 706u. Checklist for union district meetings.

    The clerks of the respective towns within the union school district shall furnish to the clerk of the district, at the expense of the district, authenticated copies of the checklist of legal voters within the town, as the same appears after revision of the checklist made pursuant to 17 V.S.A. §§ 2141-2150 . In the case of a person who is otherwise eligible to vote at a union district meeting who has not maintained current residence in a member town for the requisite number of days, but who has resided within the union school district for the requisite number of days, the clerk of the town of current residence shall enter such person's name on the checklist upon presentation of a certificate, or certificates, signed by the clerks of the towns of former residence evidencing residence within the district for the requisite number of days. That checklist shall control for the purposes of determining the voters eligible to vote at the district meeting, except that at an assembled district meeting, the union board of directors shall decide all questions as to the eligibility of a person to vote.

    Added 1967, No. 277 (Adj. Sess.), § 27; amended 1969, No. 298 (Adj. Sess.), § 6; 1987, No. 228 (Adj. Sess.), § 20.

    History

    Editor's note. Although 1989, No. 118 , § 3, amended each section of this title containing the words "certificate" and "certificates" by substituting therefor "license" and "licenses", the words "certificate" and "certificates" appearing in the second sentence were not changed to "license" and "licenses", respectively, in view of the context of the references.

    Amendments--1987 (Adj. Sess.) Substituted "sections 2141 through 2150" for "sections 244 and 245" in the first sentence and rewrote the second sentence.

    Amendments--1969 (Adj. Sess.) Substituted "the requisite number of" for "180" preceding "days" in three places in the second sentence and rewrote the third sentence.

    ANNOTATIONS

    1. Construction.

    The only constitutional construction of this section is that it requires the board of civil authority to hold hearings to update the checklist within a period of not more than 30 nor less than three days prior to the annual meeting of the union school district. 1972-74 Op. Atty. Gen. 184.

    § 706v. Record of proceedings.

    The clerk shall keep a record of the votes and the proceedings of the union school district meetings and give certified copies of them when required. A clerk who neglects to perform this duty shall forfeit $20.00 to the district, to be recovered in an action on this statute.

    Added 1967, No. 277 (Adj. Sess.), § 28.

    History

    Revision note. Deleted "of tort" following "action" to conform language to Rule 2, Vermont Rules of Civil Procedure, pursuant to 1971, No. 185 (Adj. Sess.), § 236(d). See note set out under § 219 of Title 4.

    Editor's note. Although 1989, No. 118 , § 3, amended each section of this title containing the word "certified" by substituting therefor "licensed", the word "certified" appearing in the first sentence was not changed to "licensed" in view of the context of the reference.

    § 706w. Polling places; transportation and counting of ballots.

    Bond issues under 24 V.S.A. §§ 1751-1788 are to be determined by Australian ballot or voting machine; each regular polling place in each district shall be used for this purpose. The board of civil authority of each town within the union district shall be responsible for determining the eligibility of persons to vote, the supervision of the election, and the transportation of ballots in its district to a central point designated by the board of school directors. The ballots shall be commingled. Counting of ballots by representatives of the boards of civil authority of the member towns shall be supervised by the union district clerk or his or her designee.

    Added 1967, No. 277 (Adj. Sess.), § 29; amended 1989, No. 211 (Adj. Sess.), § 1.

    History

    Reference in text. 24 V.S.A. §§ 1769 and 1770, referred to as part of 24 V.S.A. §§ 1751-1788 within this section, were repealed by 2011, No. 155 (Adj. Sess.), § 11.

    Amendments--1989 (Adj. Sess.) Substituted "representatives of the boards of civil authority of the member towns" for "the board of school directors" following "counting of ballots by" and "clerk" for "moderator" preceding "or his" and inserted "or her" thereafter in the fourth sentence.

    § 707. Union school district boards; quorum and voting requirements.

    1. A union school district board meeting shall be conducted in accordance with the Vermont Open Meeting Law.
    2. A majority of the members of the board shall constitute a quorum. Subject to the provisions of subsection (c) of this section but notwithstanding any other provision of law, the concurrence of a majority of members present at a union school district board meeting shall be necessary and sufficient for board action.
    3. A union school district may establish a system of weighted voting in its school board to reflect the principle of one person, one vote. If weighted voting is used, members of the board holding a majority of the total number of weighted votes shall constitute a quorum, and a majority of the weighted votes cast shall be necessary and sufficient for board action.

      Added 1991, No. 181 (Adj. Sess.), § 14.

    Cross References

    Cross references. Open meetings, generally, see 1 V.S.A. chapter 5, subchapter 2.

    ARTICLE 3. Finances

    § 711. Repealed. 2003, No. 130 (Adj. Sess.), § 15(3).

    History

    Former § 711. Former § 711, relating to apportionment of expenses, was derived from 1967, No. 277 (Adj. Sess.), § 30 and amended by 1987, No. 228 (Adj. Sess.), § 18 and 1995, No. 157 (Adj. Sess.), § 23.

    § 711a. Establishment of union district budget.

    1. The board of directors of the union district shall at each annual meeting present an estimate of the expenses for the ensuing year, and the district shall appropriate that sum that it deems necessary for the expenses, together with the amount required to pay any balance left unpaid from the preceding year, expressing the sum in dollars in its vote. If a budget for the operation of the district is not approved, a subsequent meeting or meetings shall be called pursuant to section 706p of this title. At its first annual meeting, the district shall similarly vote a sum sufficient to pay any unpaid balance of expenses, as defined in section 706j of this title, that was incurred by or on behalf of the district since the date on which the vote was taken to form the union district.
    2. If a budget has not been approved on or before June 30 of any year, the school board may borrow funds pursuant to the authority granted under section 566 of this title.
    3. [Repealed.]

      Added 1967, No. 277 (Adj. Sess.), § 31; amended 1977, No. 4 ; 1995, No. 32 , § 2; 2003, No. 68 , § 83, eff. June 18, 2003; 2003, No. 130 (Adj. Sess.), §§ 3, 16(d).

    History

    Amendments--2003 (Adj. Sess.) Deleted the fourth and fifth sentences in subsec. (a), and repealed subsec. (c), effective July 1, 2006.

    Amendments--1995 Designated the existing provisions as subsec. (a) and added subsec. (b).

    Amendments--1977 Rewrote the second sentence.

    ANNOTATIONS

    1. School board proposal.

    School district budget could be established by Australian ballot only as proposed by its school board upon affirmative vote at the annual or subsequent meeting; therefore, petition signed by approximately ten percent of district's voters requesting that an article be included in the warning proposing a lower budget than that proposed by the board was for an unlawful purpose and correctly excluded from the warning. Pominville v. Addison Central Supervisory Union, 154 Vt. 299, 575 A.2d 196 (1990).

    § 711b. Repealed. 2003, No. 130 (Adj. Sess.), § 15(4).

    History

    Former § 711b. Former § 711b, relating to assessment and payment to support union school district, was derived from 1967, No. 277 (Adj. Sess.), § 32 and amended by 1985, No. 235 (Adj. Sess.); 1987, No. 228 (Adj. Sess.), § 15; 1997, No. 71 (Adj. Sess.), § 110; and 2001, No. 8 , § 8.

    § 711c. Tuition rate for union school district.

    Any student, a resident of a nonmember town may, in the discretion of the board of union school directors, be admitted equally with participating member students; provided, however, that the tuition paid is a rate not greater than the calculated net cost per pupil as defined under section 825 of this title.

    Added 1967, No. 277 (Adj. Sess.), § 33.

    History

    Revision note. Substituted "section 825 of this title" for "section 793 or 1094 of this title". Former sections 793 and 1094 were repealed by 1969, No. 298 (Adj. Sess.), § 79. Calculated net cost per pupil is now defined in section 825.

    § 711d. Improvements, indebtedness, bonds, early or absentee voters.

    Improvements may be made by a union school district for the purposes for which the district is established as provided in this subchapter, and indebtedness may be incurred for the improvements as provided by 24 V.S.A. §§ 1751-1786a . Early or absentee voting in accordance with 17 V.S.A. §§ 2531-2550 shall be permitted on questions concerning bond issues of the union school district. The debt limit of the union school district shall be ten times the sum total of the education grand lists of the member districts composing the union, without diminution for any obligation incurred by a member district alone. The amount of indebtedness of a union school district incurred to finance any project approved under sections 3447 to 3456 of this title shall not be considered a part of the indebtedness of the union school district for purposes of determining its debt limit. Obligations incurred under 24 V.S.A. §§ 1751-1786a , or as otherwise authorized in this subchapter by a union school district, shall be the joint and several obligations of the district and of each of the member districts composing it. Any joint or several liability incurred by a member district under the provisions of this subchapter shall not be considered in determining its debt limit for its own separate purposes.

    Added 1967, No. 277 (Adj. Sess.), § 34; amended 1997, No. 71 (Adj. Sess.), § 111, eff. March 11, 1998; 2001, No. 6 , § 12(b), (c), eff. April 10, 2001; 2003, No. 107 (Adj. Sess.), § 6; 2003, No. 130 (Adj. Sess.), § 4.

    History

    Reference in text. 24 V.S.A. §§ 1769 and 1770, referred to as part of 24 V.S.A. §§ 1751-1786a within this section, were repealed by 2011, No. 155 (Adj. Sess.), § 11.

    17 V.S.A. § 2544, referred to as part of 17 V.S.A. §§ 2531-2550 within this section, was repealed by 1979, No. 200 (Adj. Sess.), § 120.

    2004. References to Title 17 sections in second sentence were changed to reflect recodification of §§ 121-147 to §§ 2531-2550 in 1977, No. 269 (Adj. Sess.), § 4(a).

    Amendments--2003 (Adj. Sess.) Act No. 107 substituted "1786a of Title 24" for "1785 of Title 24" twice.

    Act No. 130 deleted the sixth sentence, effective July 1, 2006.

    Amendments--2001. Substituted "early or absentee voters" for "absentee voters" in the section heading and "Early or absentee voting" for "Absentee voting" at the beginning of the second sentence.

    Amendments--1997 (Adj. Sess.). Inserted "education" preceding "grand lists" in the third sentence.

    § 711e. Budget votes by Australian ballot.

    1. A union school district may vote to establish its budget by Australian ballot under the provisions of 17 V.S.A. § 2680 . At the same time, the union school district shall also vote whether the ballots shall be commingled.
    2. The votes whether to use the Australian ballot and whether to commingle the ballots shall be taken by written ballot.  The questions shall be in substantially the following form:

      "Shall the (union school district name) adopt its budget by Australian ballot?"

      "If the (union school district name) votes to adopt its budget by Australian ballot, shall the ballots be commingled?"

    3. If the union school district has voted to adopt its budget by Australian ballot, the question shall be in substantially the following form:

      "Shall the (union school district name) adopt a budget of $ ................ for school year ....................?"

    4. If the union school district has voted to commingle its ballots, the ballots shall be deposited in separate containers at each polling place.  The board of civil authority may open the containers and count the number of ballots cast in the election, but shall not count the ballots for purposes of determining the outcome of the election.  At the closing of the polls, the municipal clerk or his or her designee shall appoint a member or members of the board of civil authority who shall transport the sealed container to the clerk of the union school district.  Under the supervision of the union school district clerk, the appointed members of the boards of civil authority shall count the commingled ballots.  The budget shall be established if a majority of the votes cast are in favor.
    5. If the union school district has voted not to commingle its ballots, the municipal clerks of the member towns shall transmit to the union school district clerk the results of the vote upon completion of the counting.  The budget shall be established if a majority of the votes cast are in favor.
    6. If the proposed budget is rejected, the union district board shall prepare a revised budget. The board shall establish a date for vote on the revised budget and shall take appropriate steps to warn a public informational meeting on the budget and the vote. The date of the public informational meeting shall be at least five days following the public notice. The date of the vote shall be at least seven days following the public notice. The vote on the revised budget shall be by Australian ballot and shall take place in the same locations that the first vote was taken. The budget shall be established if a majority of all votes cast are in favor. If the revised budget is rejected, the board shall repeat the procedure in this subsection until the budget is adopted.
    7. Unless clearly inconsistent, the provisions of 17 V.S.A. chapter 55 shall apply to actions taken under this section.

      Added 1983, No. 65 ; amended 1989, No. 211 (Adj. Sess.), § 2; 2003, No. 107 (Adj. Sess.), § 7.

    History

    Amendments--2003 (Adj. Sess.) Subsec. (f): In the second sentence, following "to warn", inserted "a public informational meeting on the budget and", and added the third sentence.

    Amendments--1989 (Adj. Sess.) Subsec. (d): Added the second sentence and inserted "or her" preceding "designee" in the third sentence.

    ANNOTATIONS

    Analysis

    1. School board proposal.

    School district budget could be established by Australian ballot only as proposed by its school board upon affirmative vote at the annual or subsequent meeting; therefore, petition signed by approximately ten percent of district's voters requesting that an article be included in the warning proposing a lower budget than that proposed by the board was for an unlawful purpose and correctly excluded from the warning. Pominville v. Addison Central Supervisory Union, 154 Vt. 299, 575 A.2d 196 (1990).

    2. Reconsideration vote.

    Town voters were not entitled to a new reconsideration vote on school budget under this section because 17 V.S.A. § 2661(c) prohibits reconsideration of questions voted on at a previous meeting without the approval of the legislative body of the district and there had already been one reconsideration vote on the same budget; the term "question voted on" means the budget of the school district and not the specific budget amount submitted to the voters. Santi v. Roxbury Town School District, 165 Vt. 476, 685 A.2d 301 (1996).

    § 712. Repealed. 1997, No. 71 (Adj. Sess.), § 106(b), eff. March 11, 1998.

    History

    Former § 712. Former § 712, relating to State aid for special education costs, was derived from 1991, No. 77 , § 3.

    ARTICLE 4. Change in Membership; Districts under Prior Law

    § 721. Inclusion of additional school districts.

    1. Action initiated by district outside the union.  After preliminary study by a district school board and approval by the State Board, and when a majority of voters present and voting at a school district meeting duly warned for that purpose vote to apply to a neighboring union school district for admission as a member of the union district, the vote shall be certified by the clerk of the school district to the clerk of the union school district and to the Secretary of Education. If, within two years from the date of that vote, a majority of those voting at a meeting of the union school district duly warned for that purpose votes to include the additional school district as a member of the union, the clerk of the union shall certify the results of that vote to the Secretary of Education. The Secretary of Education shall designate the additional school district a member of the union and so certify to the Secretary of State. The Secretary of State shall record such certification in accordance with the provisions of section 706g of this title, which shall have the effect as provided in that section.
    2. Action initiated by union school district.  When it appears to the union board of directors that the boundaries of the union school district should be changed to include another school district, the union board shall submit a plan for incorporation of the other school district in the union district to the State Board. Following approval of the plan by the State Board, the union district directors shall insert an article fully describing the proposed change in the warning for a regular or special meeting of the union district. When a majority of the voters voting at the meeting vote to include an additional school district within the boundaries of the union school district as a member of the union, the board of directors shall notify the legislative branch of that additional district of the vote. Within 180 days thereafter, the legislative branch of the additional district proposed to be included shall duly warn a meeting thereof, setting forth in the warning the vote of the union district and the proposed change in its boundaries. If a majority of the voters voting at the meeting of the additional district vote to be included within the union school district, the result of that vote and the result of the vote already taken by the union school district shall be certified by the respective clerks to the Secretary of Education. The Secretary of Education and the Secretary of State shall then take the action specified in section 706g of this title.
    3. A union school district enlarged pursuant to this section shall have all the powers and responsibilities given it by this subchapter. Unless otherwise agreed between the union district board and the additional member district school board, the additional member shall share in the expenses of the union district in the proportion provided in this subchapter for other member districts from the date the certificate of the Secretary of State is filed in the office of the clerk of the union district and the office of the clerk of the additional school district member.

      Added 1967, No. 277 (Adj. Sess.), § 35; amended 2013, No. 92 (Adj. Sess.), § 90, eff. Feb. 14, 2014; 2019, No. 131 (Adj. Sess.), § 68.

    History

    Editor's note. Although 1989, No. 118 , § 3, amended each section of this title containing the words "certified" by substituting therefor "licensed", "certify" and "certificate" by substituting therefor "license", and "certification" by substituting therefor "licensing", these words were not changed in this section in view of the context of the references.

    Amendments--2019 (Adj. Sess.). Subsec. (a): Substituted "in that section" for "therein" in the last sentence.

    Amendments--2013 (Adj. Sess.). Section amended generally.

    Amendments--2007 (Adj. Sess.). Subsec. (b): Substituted "study" for "plan" in two places pursuant to Act 154, § 34.

    § 721a. Withdrawal from district.

    1. A school district that is a member of a union school district may vote to withdraw from the union school district if one year has elapsed since the union school district has become a body politic and corporate as provided in section 706g of this title.
    2. When a majority of the voters of a school district that is a member of a union school district present and voting at a school district meeting duly warned for that purpose votes to withdraw from the union school district, the vote shall be certified by the clerk of the school district to the Secretary of State who shall record the certificate in his or her office and give notice of the vote to the Secretary of Education and to the other members of the union school district. Within 90 days after receiving notice, those other members shall vote by Australian ballot on the same day during the same hours whether to ratify withdrawal of the member. Withdrawal by a member shall be effective only if approved by an affirmative vote of each of the other members of the union school district.
    3. If the vote to ratify the withdrawal of a member is approved by each of the other members, the union school district shall notify the Secretary of Education who shall advise the State Board. At a meeting held thereafter, if the State Board finds that the students in the withdrawing member will attend a school that is in compliance with the rules adopted by the Board pertaining to educational programs, then the State Board shall declare the membership of the withdrawing member in the union school district to end as of July 1 immediately following or as soon thereafter as the obligations of the withdrawing member have been paid to, or an agreement made with, the union school district in an amount satisfactory to the electorate of each member of the union school district. The State Board shall give notice to the remaining members in the union of its meeting and give representatives of the remaining members an opportunity to be heard. It shall then determine whether it is in the best interests of the State, the students, and the members remaining in the union district for the union to continue to exist. The State Board may declare the union district dissolved as of July 1 immediately following or as soon thereafter as each member's obligations have been satisfied, or it may declare that the union district shall continue to exist despite the withdrawal of the former member. The State Board shall file the declaration with the Secretary of State, the clerk of the withdrawing member, and the clerk of the union school district concerned.
    4. A vote of withdrawal taken after a union school district has become a body politic and corporate as provided in section 706g of this title, but less than one year after that date, shall be void.

      Added 1967, No. 277 (Adj. Sess.), § 36; amended 1977, No. 7 ; 2007, No. 154 (Adj. Sess.), § 29; 2009, No. 44 , § 11, eff. May 21, 2009; 2013, No. 92 (Adj. Sess.), § 91, eff. Feb. 14, 2014.

    History

    Editor's note. Although 1989, No. 118 , § 3, amended each section of this title containing the words "certified" and "certificate" by substituting therefor "licensed" and "license", the words "certified" and "certificate" appearing in subsec. (b) were not changed to "licensed" and "license", respectively, in view of the context of the references.

    2015. This section is set out in the supplement to remove the underscore that was inadvertently added to the section in the bound volume prior to publication.

    Amendments--2013 (Adj. Sess.). Section amended generally.

    Amendments--2009. Subsec. (b): Substituted "Within 90 days after receiving notice, those" for "Those" at the beginning of the second sentence.

    Amendments--2007 (Adj. Sess.). Section amended generally.

    Amendments--1977 Subsec. (a): Deleted "and if the union school district has not voted to bond for construction and improvements as provided in section 711d of this title" following "706g of this title".

    Subsec. (b): Deleted "shall" following "purpose".

    Subsec. (c): Rewrote the first sentence.

    Subsec. (d): Rewrote the second sentence.

    § 721b. Districts established under prior law.

    All union school districts formed prior to July 1, 2007 are ratified and shall be governed by this chapter.

    Added 1967, No. 277 (Adj. Sess.), § 37; amended 2007, No. 154 (Adj. Sess.), § 30.

    History

    Amendments--2007 (Adj. Sess.). Rewrote the section.

    § 721c. Districts not operating schools.

    At a duly warned meeting, the electorate of a district that does not operate schools and is a member of a union school district or districts representing all grades K-12 may vote to discontinue the district. The powers and responsibilities of districts discontinued in this fashion shall be assigned to the union district of which it is a member.

    Added 1987, No. 228 (Adj. Sess.), § 16.

    § 722. Unified union districts.

    1. A union school district shall be known as a unified union district if it provides for the education of resident prekindergarten-grade 12 students, whether by:
      1. operating a school or schools for all grades;
      2. operating a school or schools for all students in one or more grades and paying tuition for all students in the remaining grade or grades; or
      3. paying tuition for all grades.
    2. On the date the unified union district becomes operative, unless another date is specified in the study committee report, it shall supplant all other school districts within its borders, and they shall cease to exist.
    3. If provided for in the committee report, the unified union school district board may be elected and may conduct business for the limited purpose of preparing for the transition to unified union district administration while the proposed member school districts continue to operate schools.
    4. The functions of the legislative branch of each preexisting school district in warning meetings and conducting elections of unified union school district board members shall be performed by the corresponding board of alderpersons of a city or city council, the selectboard of a town, or the trustees of an incorporated school district, as appropriate.

      Added 1969, No. 298 (Adj. Sess.), § 50; amended 1977, No. 107 ; 1987, No. 228 (Adj. Sess.), § 14; 1997, No. 71 (Adj. Sess.), § 112, eff. July 1, 1999; 2003, No. 76 (Adj. Sess.), § 24, eff. Feb. 17, 2004; 2003, No. 107 (Adj. Sess.), § 8; 2003, No. 130 (Adj. Sess.), § 5; 2007, No. 154 (Adj. Sess.), § 31; 2015, No. 46 , § 44, eff. June 2, 2015.

    History

    Amendments--2015. Added subsec. designations and amended the new subsec. (a) generally.

    Amendments--2007 (Adj. Sess.). Section amended generally.

    Amendments--2003 (Adj. Sess.). Act No. 76 added the subsec. (a) designation and added subsec. (b).

    Act No. 107 deleted "or grades one through 12" following "through 12" in subsec. (a).

    Act. No. 130 also deleted the designation (a), deleted "or grades one through 12" following "through 12", and deleted the fourth and fifth sentences in the former subsec. (a), and repealed subsec. (b), effective July 1, 2006.

    Amendments--1997 (Adj. Sess.). Substituted "determining each taxpayer's local share property tax amount" for "assessing a tax upon the grand list" in the last sentence.

    Amendments--1987 (Adj. Sess.) Inserted "union" following "unified" in two places in the fourth sentence and deleted "apportioning union school district costs" preceding "assessing a tax" in the fifth sentence and substituted "upon the grand list of such district to pay the member district's unified union school assessment" for "therefore" thereafter.

    Amendments--1977 Rewrote the fourth sentence.

    § 723. Transition to unified union school district administration.

    On the day the establishment of a unified union school district becomes effective, the district gains title to the assets and assumes the existing contractual obligations and other liabilities of the member school districts within its borders unless otherwise agreed to by the member districts in the approved plan for the formation of the unified union school district; provided, however, the unified union school district shall in all cases assume the contractual obligations of the member districts regarding each existing collective bargaining agreement or other employment contract until the agreement's or contract's expiration. All trust funds held or enjoyed by a preexisting district shall be held and applied as the terms of the trust indicate. If such trust allows, the funds may be applied for the use of the unified union school district. Within five days of the day a unified union school district becomes effective, the treasurer of each preexisting school district shall pay by check to the treasurer of the unified union school district the full amount of the balance standing in his or her school account and transfer to him or her all outstanding notes and contracts in force. All other officers of the preexisting school districts shall transfer to the corresponding officer of the unified union school district all instruments and other documents giving evidence of the assets, liabilities, and contractual status of the district.

    Added 1969, No. 298 (Adj. Sess.), § 51; amended 2007, No. 154 (Adj. Sess.), § 32.

    History

    Amendments--2007 (Adj. Sess.). Section amended generally.

    § 724. Withdrawal from or dissolution of a unified union school district.

    1. A town or city corresponding to a preexisting school district that voted to form a unified union school district may vote to withdraw from the district if one year has elapsed since the unified union school district became a body politic and corporate as provided under section 706g of this title.
    2. When a majority of the voters of the town or city present and voting at a meeting duly warned for that purpose votes to withdraw from a unified union school district, the vote shall be certified by the clerk of the town or city to the Secretary of State who shall record the certificate in his or her office and give notice of the vote to the other towns or cities corresponding to the preexisting school districts that voted to form the unified union school district. Such other towns and cities shall vote by Australian ballot on the same day during the same hours whether to ratify the withdrawal of the town or city. To be effective, action to withdraw shall be approved by an affirmative vote of each of the other towns or cities within the unified union school district.
    3. If the vote to ratify the withdrawal of the town or city is approved by each of the other towns or cities, the unified union school district clerk shall notify the Secretary of Education who shall advise the State Board. At a meeting held thereafter, if the State Board finds that the students in the withdrawing town or city will attend a school that is in compliance with the rules adopted by the State Board pertaining to educational programs, the State Board shall declare the membership of the withdrawing town or city to be at an end as of July 1 immediately following or as soon thereafter as the obligations of the withdrawing district have been paid to, or an agreement made with, the union school district in an amount satisfactory to the electorate of each of the other towns and cities within the unified union school district. In addition, the State Board shall declare the preexisting school district corresponding to the withdrawing town or city to be reconstituted. The State Board shall give notice to the remaining towns and cities in the unified union school district of its meeting and give the relevant representatives an opportunity to be heard. It shall then determine whether it is in the best interests of the State, the students, and the school districts remaining in the unified union school district that the unified union district continue to exist. The State Board may declare the unified union school district dissolved as of July 1 immediately following or as soon thereafter as each remaining town's or city's obligations have been satisfied, or it may declare that the unified union district shall continue to exist despite the withdrawal of the former town or city member. The State Board shall file its declaration with the Secretary of State, the clerk of the withdrawing town or city, and the clerk of the affected unified union school district.
    4. A vote of withdrawal taken after a unified union school district has become a body politic and corporate as provided in section 706g of this title but less than one year after that date is void.

      Added 2007, No. 154 (Adj. Sess.), § 33; amended 2013, No. 92 (Adj. Sess.), § 92, eff. Feb. 14, 2014.

    History

    Amendments--2013 (Adj. Sess.). Subsec. (c): Substituted "Secretary of Education" for "commissioner of education" and "State Board" for "state board of education".

    CHAPTER 13. INTERSTATE HIGH SCHOOL DISTRICTS

    Sec.

    §§ 731-761. Repealed. 1969, No. 298 (Adj. Sess.), § 79.

    History

    Former §§ 731-761. Former §§ 731-761, relating to interstate high school districts, were derived from 1959, No. 230 .

    CHAPTER 15. NEW HAMPSHIRE-VERMONT INTERSTATE SCHOOL COMPACT

    Sec.

    Cross References

    Cross references. New Hampshire statutes relating to the New Hampshire-Vermont Interstate School Compact, see RSA 200-B:1.

    § 771. General provisions - Article I.

    1. Statement of policy.  It is the purpose of this compact to increase the educational opportunities within the states of New Hampshire and Vermont by encouraging the formation of interstate school districts which will each be a natural social and economic region with adequate financial resources and a number of pupils sufficient to permit the efficient use of school facilities within the interstate district and to provide improved instruction.  The state boards of education of New Hampshire and Vermont may formulate and adopt additional standards consistent with this purpose and with these standards; and the formation of any interstate school district and the adoption of its articles of agreement shall be subject to the approval of both state boards as hereinafter set forth.
    2. Requirement of Congressional Approval.  This compact shall not become effective until approved by the United States Congress.
    3. Definitions.  The terms used in this compact shall be construed as follows, unless a different meaning is clearly apparent from the language or context:
    1. "Interstate school district" and "interstate district" shall mean a school district composed of one or more school districts located in the State of New Hampshire associated under this compact with one or more school districts located in the State of Vermont, and may include either the elementary schools, the secondary schools, or both.
    2. "Member school district" and "member district" shall mean a school district located either in New Hampshire or Vermont which is included within the boundaries of a proposed or established interstate school district.  In the case of districts located in Vermont, it shall include city school districts, town school districts, union school districts and incorporated school districts.  Where appropriate, the term "member district clerk" shall refer to the clerk of the city in which a Vermont school district is located, the clerk of the town in which a Vermont town school district is located, or the clerk of an incorporated school district.
    3. "Elementary school" shall mean a school which includes all grades from kindergarten or grade one through not less than grade six nor more than grade eight.
    4. "Secondary school" shall mean a school which includes all grades beginning no lower than grade seven and no higher than grade twelve.
    5. "Interstate board" shall refer to the board serving an interstate school district.
    6. "New Hampshire board" shall refer to New Hampshire State Board of Education.
    7. "Vermont board" shall refer to the Vermont State Board of Education.
    8. "Commissioner" shall refer to the New Hampshire Commissioner of Education or the Vermont Secretary of Education, individually or collectively as appropriate. "State departments of education" shall refer collectively to the New Hampshire Department of Education and the Vermont Agency of Education.
    9. Where joint action by both state boards is required, each state board shall deliberate and vote by its own majority, but shall separately reach the same result or take the same action as the other state board.
    10. The terms "professional staff personnel" and "instructional staff personnel" shall include superintendents, assistant superintendents, administrative assistants, principals, guidance counselors, special education personnel, school nurses, therapists, teachers, and other licensed personnel.
    11. The term "warrant" or "warning" to mean the same for both states.

      Added 1967, No. 243 (Adj. Sess.); amended 1989, No. 118 , § 3; 2013, No. 92 (Adj. Sess.), § 93, eff. Feb. 14, 2014.

    History

    Revision note. Substituted "an" for "in" preceding "interstate" in paragraph C.e. to correct an apparent typographical error.

    Amendments--2013 (Adj. Sess.). Paragraph C.h.: Substituted "the New Hampshire Commissioner of Education or the Vermont Secretary of Education, individually or collectively as appropriate" for "commissioner of education" and added the second sentence.

    Amendments--1989 Paragraph C.j.: Substituted "licensed" for "certified" following "teachers, and other".

    § 772. Procedure for formation of an interstate school district - Article II.

    1. Creation of Planning Committee.  The New Hampshire and Vermont commissioners of education shall have the power, acting jointly to constitute and discharge one or more interstate school district planning committees.  Each such planning committee shall consist of at least two voters from each of a group of two or more neighbouring member districts. One of the representatives from each member district shall be a member of its school board, whose term on the planning committee shall be concurrent with his or her term as a school board member.  The term of each member of a planning committee who is not also a school board member shall expire on June thirtieth of the third year following his or her appointment.  The existence of any planning committee may be terminated either by vote of a majority of its members or by joint action of the commissioners.  In forming and appointing members to an interstate school district planning board, the commissioners shall consider and take into account recommendations and nominations made by school boards of member districts.  No member of a planning committee shall be disqualified because he or she is at the same time a member of another planning board or committee created under the provisions of this compact or under any other provisions of law.  Any existing informal interstate school planning committee may be reconstituted as a formal planning committee in accordance with the provisions hereof, and its previous deliberations adopted and ratified by the reorganized formal planning committee.  Vacancies on a planning committee shall be filled by the commissioners acting jointly.
    2. Operating Procedures of Planning Committee.  Each interstate school district planning committee shall meet in the first instance at the call of any member, and shall organize by the election of a chairman and clerk-treasurer, each of whom shall be a resident of a different state. Subsequent meetings may be called by either officer of the committee.  The members of the committee shall serve without pay.  The member districts shall appropriate money on an equal basis at each annual meeting to meet the expenses of the committee, including the cost of publication and distribution of reports and advertising.  From time to time the commissioners may add additional members and additional member districts to the committee, and may remove members and member districts from the committee.  An interstate school district planning committee shall act by majority vote of its membership present and voting.
    3. Duties of Interstate School District Planning Committee.  It shall be the duty of an interstate school district planning committee, in consultation with the commissioners and the state departments of education: to study the advisability of establishing an interstate school district in accordance with the standards set forth in paragraph A of Article I of this compact, its organization, operation and control, and the advisability of constructing, maintaining and operating a school or schools to serve the needs of such interstate district; to estimate the construction and operating costs thereof; to investigate the methods of financing such school or schools, and any other matters pertaining to the organization and operation of an interstate school district; and to submit a report or reports of its findings and recommendations to the several member districts.
    4. Recommendations and Preparation of Articles of Agreement.  An interstate school district planning committee may recommend that an interstate school district composed of all the member districts represented by its membership, or any specified combination of such member districts, be established.  If the planning committee does recommend the establishment of an interstate school district, it shall include in its report such recommendation, and shall also prepare and include in its report proposed articles of agreement for the proposed interstate school district, which shall be signed by at least a majority of the membership of the planning committee, which set forth the following:
    5. Hearings.  If the planning committee recommends the formation of an interstate school district, it shall hold at least one public hearing on its report and the proposed articles of agreement within the proposed interstate school district in New Hampshire, and at least one public hearing thereon within the proposed interstate school district in Vermont.  The planning committee shall give such notice thereof as it may determine to be reasonable, provided that such notice shall include at least one publication in a newspaper of general circulation within the proposed interstate school district not less than 15 days (not counting the date of publication and not counting the date of the hearing) before the date of the first hearing.  Such hearings may be adjourned from time to time and from place to place.  The planning committee may revise the proposed articles of agreement after the date of the hearings.  It shall not be required to hold further hearings on the revised articles of agreement but may hold one or more further hearings after notice similar to that required for the first hearings if the planning committee in its sole discretion determines that the revisions are so substantial in nature as to require further presentation to the public before submission to the state boards of education.
    6. Approval by State Boards.  After the hearings a copy of the proposed articles of agreement, as revised, signed by a majority of the planning committee, shall be submitted by it to each state board.  The state boards may (a) if they find that the articles of agreement are in accord with the standards set forth in this compact and in accordance with sound educational policy, approve the same as submitted, or (b) refer them back to the planning committee for further study.  The planning committee may make additional revisions to the proposed articles of agreement to conform to the recommendations of the state boards.  Further hearings on the proposed articles of agreement shall not be required unless ordered by the state boards in their discretion.  In exercising such discretion, the state boards shall take into account whether or not the additional revisions are so substantial in nature as to require further presentation to the public.  If both state boards find that the articles of agreement as further revised are in accord with the standards set forth in this compact and in accordance with sound educational policy, they shall approve the same.  After approval by both state boards, each state board shall cause the articles of agreement to be submitted to the school boards of the several member districts in each state for acceptance by the member districts as provided in the following paragraph.  At the same time, each state board shall designate the form of warrant, date, time, place, and period of voting for the special meeting of the member district to be held in accordance with the following paragraph.
    7. Adoption by Member Districts.  Upon receipt of written notice from the state board in its state of the approval of the articles of agreement by both state boards, the school board of each member district shall cause the articles of agreement to be filed with the member district clerk.  Within ten days after receipt of such notice, the school board shall issue its warrant for a special meeting of the member district, the warrant to be in the form, and the meeting to be held at the time and place and in the manner prescribed by the state board.  No approval of the superior court shall be required for such special school district meeting in New Hampshire.  Voting shall be with the use of the check list by a ballot substantially in the following form:

      If the articles of agreement included the nomination of individual school directors, those nominated from each member district shall be included in the ballot and voted upon, such election to become effective upon the formation of an interstate school district.

      If a majority of the voters present and voting in a member district vote in the affirmative, the clerk for such member district shall forthwith send to the state board in its state a certified copy of the warrant, certificate of posting, and minutes of the meeting of the district. If the state boards of both states find that a majority of the voters present and voting in each member district have voted in favor of the establishment of the interstate school district, they shall issue a joint certificate to that effect; and such certificate shall be conclusive evidence of the lawful organization and formation of the interstate school district as of its date of issuance.

    8. Resubmission.  If the proposed articles of agreement are adopted by one or more of the member districts but rejected by one or more of the member districts, the state boards may resubmit them, in the same form as previously submitted, to the rejecting member districts, in which case the school boards thereof shall resubmit them to the voters in accordance with paragraph G of this article.  An affirmative vote in accordance therewith shall have the same effect as though the articles of agreement had been adopted in the first instance.  In the alternative, the state boards may either (a) discharge the planning committee, or (b) refer the articles of agreement back for further consideration to the same or a reconstituted planning committee, which shall have all of the powers and duties as the planning committee as originally constituted.

      Added 1967, No. 243 (Adj. Sess.).

    1. The name of the interstate school district.
    2. The member districts which shall be combined to form the proposed interstate school district.
    3. The number, composition, method of selection and terms of office of the interstate school board, provided that:
    4. The grades for which the interstate school district shall be responsible.
    5. The specific properties of member districts to be acquired initially by the interstate school district and the general location of any proposed new schools to be initially established or constructed by the interstate school district.
    6. The method of apportioning the operating expenses of the interstate school district among the several member districts, and the time and manner of payments of such shares.
    7. The indebtedness of any member district which the interstate district is to assume.
    8. The method of apportioning the capital expenses of the interstate school district among the several member districts, which need not be the same as the method of apportioning operating expenses, and the time and manner of payment of such shares.  Capital expenses shall include the cost of acquiring land and buildings for school purposes; the construction, furnishing and equipping of school buildings and facilities; and the payment of the principal and interest of any indebtedness which is incurred to pay for the same.
    9. The manner in which state aid, available under the laws of either New Hampshire or Vermont, shall be allocated, unless otherwise expressly provided in this compact or by the laws making such aid available.
    10. The method by which the articles of agreement may be amended, which amendments may include the annexation of territory, or an increase or decrease in the number of grades for which the interstate district shall be responsible, provided that no amendment shall be effective until approved by both state boards in the same manner as required for approval of the original articles of agreement.
    11. The date of operating responsibility of the proposed interstate school district and a proposed program for the assumption of operating responsibility for education by the proposed interstate school district, and any school construction; which the interstate school district shall have the power to vary by vote as circumstances may require.
    12. Any other matters, not incompatible with law, which the interstate school district planning committee may consider appropriate to include in the articles of agreement, including, without limitation:

      (1) The method of allocating the cost of transportation between the interstate district and member districts;

      (2) The nomination of individual school directors to serve until the first annual meeting of the interstate school district.

    1. The interstate school board shall consist of an odd number of members, not less than five nor more than fifteen;
    2. The terms of office shall not exceed three years;
    3. Each member district shall be entitled to elect at least one member of the interstate school board.  Each member district shall either vote separately at the interstate school district meeting by the use of a distinctive ballot, or shall choose its member or members at any other election at which school officials may be chosen;
    4. The method of election shall provide for the filing of candidacies in advance of election and for the use of a printed nonpartisan ballot;
    5. Subject to the foregoing, provision may be made for the election of one or more members at large.

    "Shall the school district accept the provisions of the New Hampshire-Vermont Interstate School Compact providing for the establishment of an interstate school district, together with the school districts of ............... and ..............., etc., in accordance with the provisions of the proposed articles of agreement filed with the school district (town, city or incorporated school district) clerk?" Yes ( ) No ( )

    History

    Editor's note. Although 1989, No. 118 , § 3, amended each section of this title containing the words "certified" and "certificate" by substituting therefor "licensed" and "license", these words were not changed in the section in view of the context of the references.

    § 773. Powers of interstate school districts - Article III.

    1. Powers.  Each interstate school district shall be a body corporate and politic, with power:
    1. To acquire, construct, extend, improve, staff, operate, manage and govern public schools within its boundaries;
    2. To sue and be sued, subject to the limitations of liability hereinafter set forth;
    3. To have a seal and alter the same at pleasure;
    4. To adopt, maintain and amend bylaws not inconsistent with this compact, and the laws of the two states;
    5. To acquire by purchase, condemnation, lease or otherwise, real and personal property for the use of its schools;
    6. To enter into contracts and incur debts;
    7. To borrow money for the purposes hereinafter set forth, and to issue its bonds or notes therefor;
    8. To make contracts with and accept grants and aid from the United States, the State of New Hampshire, the State of Vermont, any agency or municipality thereof, and private corporations and individuals for the construction, maintenance, reconstruction, operation and financing of its schools; and to do any and all things necessary in order to avail itself of such aid and cooperation;
    9. To employ such assistants, agents, servants, and independent contractors as it shall deem necessary or desirable for its purposes; and
    10. To take any other action which is necessary or appropriate in order to exercise any of the foregoing powers.

      Added 1967, No. 243 (Adj. Sess.).

    § 774. District meetings - Article IV.

    1. General.  Votes of the district shall be taken at a duly warned meeting held at any place in the district, at which all of the eligible legal voters of the member districts shall be entitled to vote, except as otherwise provided with respect to the election of directors.
    2. Eligibility of Voters.  Any resident who would be eligible to vote at a meeting of a member district being held at the same time, shall be eligible to vote at a meeting of the interstate district.  The board of civil authority in each Vermont member district and the supervisors of the check list of each New Hampshire district shall respectively prepare a check list of eligible voters for each meeting of the interstate district in the same manner, and they shall have all the same powers and duties with respect to eligibility of voters in their districts as for a meeting of a member district.
    3. Warning of Meetings.  A meeting shall be warned by a warrant addressed to the residents of the interstate school district qualified to vote in district affairs, stating the time and place of the meeting and the subject matter of the business to be acted upon.  The warrant shall be signed by the clerk and by a majority of the directors.  Upon written application of ten or more voters in the district, presented to the directors or to one of them, at least 25 days before the day prescribed for an annual meeting, the directors shall insert in their warrant for such meeting any subject matter specified in such application.
    4. Posting and Publication of Warrant.  The directors shall cause an attested copy of the warrant to be posted at the place of meeting, and a like copy at a public place in each member district at least 20 days (not counting the date of posting and the date of meeting) before the date of the meeting.  In addition, the directors shall cause the warrant to be advertised in a newspaper of general circulation on at least one occasion, such publication to occur at least ten days (not counting the date of publication and not counting the date of the meeting) before the date of the meeting. Although no further notice shall be required, the directors may give such further notice of the meeting as they in their discretion deem appropriate under the circumstances.
    5. Return of Warrant.  The warrant with a certificate thereon, verified by oath, stating the time and place when and where copies of the warrant were posted and published, shall be given to the clerk of the interstate school district at or before the time of the meeting, and shall be recorded by him in the records of the interstate school district.
    6. Organization Meeting.  The commissioners, acting jointly, shall fix a time and place for a special meeting of the qualified voters within the interstate school district for the purpose of organization, and shall prepare and issue the warrant for the meeting after consultation with the interstate school district planning board and the members-elect, if any, of the interstate school board of directors.  Such meeting shall be held within 60 days after the date of issuance of the certificate of formation, unless the time is further extended by the joint action of the state boards.  At the organization meeting the commissioner of education of the state where the meeting is held, or his or her designate, shall preside in the first instance, and the following business shall be transacted:
    7. Annual Meetings.  An annual meeting of the district shall be held between January fifteenth and June first of each year at such time as the interstate district may by vote determine. Once determined, the date of the annual meeting shall remain fixed until changed by vote of the interstate district at a subsequent annual or special meeting.  At each annual meeting the following business shall be transacted:

      a. Necessary officers shall be elected.

      b. Money shall be appropriated for the support of the interstate district schools for the fiscal year beginning the following July first.

      c. Such other business as may properly come before the meeting.

    8. Special Meetings.  A special meeting of the district shall be held whenever, in the opinion of the directors, there is occasion therefor, or whenever written application shall have been made by five percent or more of the voters (based on the check lists as prepared for the last preceding meeting) setting forth the subject matter upon which such action is desired.  A special meeting may appropriate money without compliance with RSA 33:8 or RSA 197:3 which would otherwise require the approval of the New Hampshire superior court.
    9. Certification of Records.  The clerk of an interstate school district shall have the power to certify the record of the votes adopted at an interstate school district meeting to the respective commissioners and state boards and (where required) for filing with a secretary of state.
    10. Method of Voting at School District Meetings.  Voting at meetings of interstate school districts shall take place as follows:

      a. School Directors. A separate ballot shall be prepared for each member district, listing the candidates for interstate school director to represent such member district; and any candidates for interstate school director at large; and the voters of each member district shall register on a separate ballot their choice for the office of school director or directors. In the alternative, the articles of agreement may provide for the election of school directors by one or more of the member districts at an election otherwise held for the choice of school or other municipal officers.

      b. Other Votes. Except as otherwise provided in the articles of agreement or this compact, with respect to all other votes (1) the voters of the interstate school district shall vote as one body irrespective of the member districts in which they are resident, and (2) a simple majority of those present and voting at any duly warned meeting shall carry the vote. Voting for officers to be elected at any meeting, other than school directors, shall be by ballot or voice, as the interstate district may determine, either in its articles of agreement or by a vote of the meeting.

      Added 1967, No. 243 (Adj. Sess.).

    1. A temporary moderator and a temporary clerk shall be elected from among the qualified voters who shall serve until a moderator and clerk respectively have been elected and qualified.
    2. A moderator, a clerk, a treasurer, and three auditors shall be elected to serve until the next annual meeting and thereafter until their successors are elected and qualified. Unless previously elected, a board of school directors shall be elected to serve until their successors are elected and qualified.
    3. The date for the annual meeting shall be established.
    4. Provision shall be made for the payment of any organizational or other expense incurred on behalf of the district before the organization meeting, including the cost of architects, surveyors, contractors, attorneys, and educational or other consultants or experts.
    5. Any other business, the subject matter of which has been included in the warrant, and which the voters would have had power to transact at an annual meeting.

    History

    Editor's note. Although 1989, No. 118 , § 3, amended each section of this title containing the words "certificate" and "certify" by substituting therefor "license" and "certification" by substituting therefor "licensing", these words were not changed in the section in view of the context of the references.

    § 775. Officers - Article V.

    1. Officers: General.  The officers of an interstate school district shall be a board of school directors, a chairman of the board, a vice-chairman of the board, a secretary of the board, a moderator, a clerk, a treasurer and three auditors. Except as otherwise specifically provided, they shall be eligible to take office immediately following their election; they shall serve until the next annual meeting of the interstate district and until their successors are elected and qualified.  Each shall take oath for the faithful performance of his or her duties before the moderator, or a notary public or a justice of the peace of the state in which the oath is administered.  Their compensation shall be fixed by vote of the district.  No person shall be eligible to any district office unless he or she is a voter in the district.  A custodian, school teacher, principal, superintendent or other employee of an interstate district acting as such shall not be eligible to hold office as a school director.
    2. Board of Directors.
    3. Chairman of the Board.  The chairman of the board of interstate school directors shall be elected by the interstate board from among its members at its first meeting following the annual meeting.  The chairman shall preside at the meetings of the board and shall perform such other duties as the board may assign to him.
    4. Vice-Chairman of the Board of Directors.  The vice-chairman of the interstate board shall be elected in the same manner as the chairman.  He shall represent a member district in a state other than that represented by the chairman. He shall preside in the absence of the chairman and shall perform such other duties as may be assigned to him or her by the interstate board.
    5. Secretary of the Board.  The secretary of the interstate board shall be elected in the same manner as the chairman. Instead of electing one of its members, the interstate board may appoint the interstate district clerk to serve as secretary of the board in addition to his or her other duties.  The secretary of the interstate board (or the interstate district clerk, if so appointed) shall keep the minutes of its meetings, shall certify its records, and perform such other duties as may be assigned to him or her by the board.
    6. Moderator.  The moderator shall preside at the district meetings, regulate the business thereof, decide questions of order, and make a public declaration of every vote passed.  He may prescribe rules of procedure; but such rules may be altered by the district.  He may administer oaths to district officers in either state.
    7. Clerk.  The clerk shall keep a true record of all proceedings at each district meeting, shall certify its records, shall make an attested copy of any records of the district for any person upon request and tender of reasonable fees therefor, if so appointed, shall serve as secretary of the board of school directors, and shall perform such other duties as may be required by custom or law.
    8. Treasurer.  The treasurer shall have custody of all of the monies belonging to the district and shall pay out the same only upon the order of the interstate board.  He shall keep a fair and accurate account of all sums received into and paid from the interstate district treasury, and at the close of each fiscal year he or she shall make a report to the interstate district, giving a particular account of all receipts and payments during the year.  He shall furnish to the interstate directors, statements from his or her books and submit his or her books and vouchers to them and to the district auditors for examination whenever so requested.  He or she shall make all returns called for by laws relating to school districts. Before entering on his or her duties, the treasurer shall give a bond with sufficient sureties and in such sum as the directors may require.  The treasurer's term of office is from July 1 to the following June 30.
    9. Auditors.  At the organization meeting of the district, three auditors shall be chosen, one to serve for a term of one year, one to serve for a term of two years, and one to serve for a term of three years.  After the expiration of each original term, the successor shall be chosen for a three year term.  At least one auditor shall be a resident of New Hampshire, and one auditor shall be a resident of Vermont.  An interstate district may vote to employ a certified public accountant to assist the auditors in the performance of their duties.  The auditors shall carefully examine the accounts of the treasurer and the directors at the close of each fiscal year, and at such other times whenever necessary, and report to the district whether the same are correctly cast and properly vouched.
    10. Superintendent.  The superintendent of schools shall be selected by a majority vote of the board of school directors of the interstate district with the approval of both commissioners.
    11. Vacancies.  Any vacancy among the elected officers of the district shall be filled by the interstate board until the next annual meeting of the district or other election, when a successor shall be elected to serve out the remainder of the unexpired term, if any.  Until all vacancies on the interstate board are filled, the remaining members shall have full power to act.

      Added 1967, No. 2 43 (Adj. Sess.).

    1. How Chosen.  Each member district shall be represented by at least one resident on the board of school directors of an interstate school district.  A member district shall be entitled to such further representation on the interstate board of school directors as provided in the articles of agreement as amended from time to time.  The articles of agreement as amended from time to time may provide for school directors at large, as above set forth.  No person shall be disqualified to serve as a member of an interstate board because he or she is at the same time a member of the school board of a member district.
    2. Term.  Interstate school directors shall be elected for terms in accordance with the articles of agreement.
    3. Duties of Board of Directors.  The board of school directors of an interstate school district shall have and exercise all of the powers of the district not reserved herein to the voters of the district.
    4. Organization.  The clerk of the district shall warn a meeting of the board of school directors to be held within ten days following the date of the annual meeting, for the purpose of organizing the board, including the election of its officers.

    History

    Editor's note. Although 1989, No. 118 , § 3, amended each section of this title containing the word "certify" by substituting therefor "license", the word "certify" was not changed to "license" in this section in view of the context of the references.

    § 776. Appropriation and apportionment of funds - Article VI.

    1. Budget.  Before each annual meeting, the interstate board shall prepare a report of expenditures for the preceding fiscal year, an estimate of expenditures for the current fiscal year, and a budget for the succeeding fiscal year.
    2. Appropriation.  The interstate board of directors shall present the budget report of the annual meeting.  The interstate district shall appropriate a sum of money for the support of its schools and for the discharge of its obligations for the ensuing fiscal year.
    3. Apportionment of Appropriation.  Subject to the provisions of article VII hereof, the interstate board shall first apply against such appropriation any income to which the interstate district is entitled, and shall then apportion the balance among the member districts in accordance with one of the following formulas as determined by the articles of agreement as amended from time to time:
    4. Share of New Hampshire Member District.  The interstate board shall certify the share of a New Hampshire member district of the total appropriation to the school board of each member district which shall add such sum to the amount appropriated by the member district itself for the ensuing year and raise such sum in the same manner as though the appropriation had been voted at a school district meeting of the member district.  The interstate district shall not set up its own capital reserve funds; but a New Hampshire member district may set up a capital reserve fund in accordance with RSA 35, to be turned over to the interstate district in payment of the New Hampshire member district's share of any anticipated obligations.
    5. Share of Vermont Member District.  The interstate board shall certify the share of a Vermont member district of the total appropriation to the school board of each member district which shall add such sum to the amount appropriated by the member district itself for the ensuing year and raise such sum in the same manner as though the appropriation had been voted at a school district meeting of the member district.

      Added 1967, No. 243 (Adj. Sess.).

    1. All of such balance to be apportioned on the basis of the ratio that the fair market value of the taxable property in each member district bears to that of the entire interstate district; or
    2. All of such balance to be apportioned on the basis that the average daily resident membership for the preceding fiscal year of each member district bears to that of the average daily resident membership of the entire interstate school district; or
    3. A formula based on any combination of the foregoing factors. The term "fair market value of taxable property" shall mean the last locally assessed valuation of a member district in New Hampshire, as last equalized by the New Hampshire state tax commission.

      The term "fair market value of taxable property" shall mean the equalized grand list of a Vermont member district, as determined by the Vermont department of taxes.

      Such assessed valuation and grand list may be further adjusted (by elimination of certain types of taxable property from one or the other or otherwise) in accordance with the articles of agreement, in order that the fair market value of taxable property in each state shall be comparable.

      "Average daily resident membership" of the interstate district in the first instance shall be the sum of the average daily resident membership of the member districts in the grades involved for the preceding fiscal year where no students were enrolled in the interstate district schools for such preceding fiscal year.

    History

    Editor's note. The New Hampshire State Tax Commission, referred to in paragraph C., no longer exists. Its functions are now performed by the New Hampshire Department of Revenue Administration. See RSA 21-J, 71.

    Although 1989, No. 118 , § 3, amended each section of this title containing the word "certify" by substituting therefor "license", the word "certify" was not changed to "license" in this section in view of the context of the references.

    RSA 35, referred to in paragraph D., is a reference to Chapter 35 of the New Hampshire Revised Statutes Annotated. RSA Chapter 35 relates to capital reserve funds of counties, towns, districts, and water departments, and consists of §§ 35:1 - 35:18.

    § 777. Borrowing - Article VII.

    1. Interstate District Indebtedness.  Indebtedness of an interstate district shall be a general obligation of the district and shall also be a joint and several general obligation of each member district, except that such obligations of the district and its member districts shall not be deemed indebtedness of any member district for the purposes of determining its borrowing capacity under New Hampshire or Vermont law.  A member district which withdraws from an interstate district shall remain liable for indebtedness of the interstate district which is outstanding at the time of withdrawal and shall be responsible for paying its share of such indebtedness to the same extent as though it had not been withdrawn.
    2. Temporary Borrowing.  The interstate board may authorize the borrowing of money by the interstate district (1) in anticipation of payments of operating and capital expenses by the member districts to the interstate districts and (2) in anticipation of the issue of bonds or notes of the interstate district which have been authorized for the purpose of financing capital projects. Such temporary borrowing shall be evidenced by interest bearing or discounted notes of the interstate district.  The amount of notes issued in any fiscal year in anticipation of expense payments shall not exceed the amount of such payments received by the interstate district in the preceding fiscal year. Notes issued under this paragraph shall be payable within one year in the case of notes under clause (1) and three years in the case of notes under clause (2) from their respective dates, but the principal of and interest on notes issued for a shorter period may be renewed or paid from time to time by the issue of other notes, provided that the period from the date of an original note to the maturity of any note issued to renew or pay the same debt shall not exceed the maximum period permitted for the original loan.
    3. Borrowing for Capital Projects.  An interstate district may incur debt and issue its bonds or notes to finance capital projects.  Such projects may consist of the acquisition or improvement of land and buildings for school purposes, the construction, reconstruction, alteration, or enlargement of school buildings and related school facilities, the acquisition of equipment of a lasting character and the payment of judgments.  No interstate district may authorize indebtedness in excess of ten percent of the total fair market value of taxable property in its member districts as defined in article VI of this compact. The primary obligation of the interstate district to pay indebtedness of member districts shall not be considered indebtedness of the interstate district for the purpose of determining its borrowing capacity under this paragraph. Bonds or notes issued under this paragraph shall mature in equal or diminishing installments of principal payable at least annually commencing no later than two years and ending not later than thirty years after their dates.
    4. Authorization Proceedings.  An interstate district shall authorize the incurring of debts to finance capital projects by a majority vote of the district passed at an annual or special district meeting. Such vote shall be taken by secret ballot after full opportunity for debate, and any such vote shall be subject to reconsideration and further action by the district at the same meeting or at an adjourned session thereof. As an alternative, an interstate district may provide in its articles of agreement that such a vote be conducted by Australian or official balloting under procedures as set forth in the articles of agreement, and that such vote be subject to any method of reconsideration, if any, the interstate district sets forth in the articles of agreement.
    5. Sale of Bonds and Notes.  Bonds and notes which have been authorized under this article may be issued from time to time and shall be sold at not less than par and accrued interest at public or private sale by the chairman of the school board and by the treasurer.  Interstate district bonds and notes shall be signed by the said officers, except that either one of the two required signatures may be a facsimile.  Subject to this compact and the authorizing vote, they shall be in such form, bear such rates of interest and mature at such times as the said officers may determine. Bonds shall, but notes need not, bear the seal of the interstate district, or a facsimile of such seal.  Any bonds or notes of the interstate district which are properly executed by the said officers shall be valid and binding according to their terms notwithstanding that before the delivery thereof such officers may have ceased to be officers of the interstate district.
    6. Proceeds of Bonds.  Any accrued interest received upon delivery of bonds or notes of an interstate district shall be applied to the payment of the first interest which becomes due thereon.  The other proceeds of the sale of such bonds or notes, other than temporary notes, including any premiums, may be temporarily invested by the interstate district pending their expenditure; and such proceeds, including any income derived from the temporary investment of such proceeds, shall be used to pay the costs of issuing and marketing the bonds or notes and to meet the operating expenses or capital expenses in accordance with the purposes for which the bonds or notes were issued or, by proceedings taken in the manner required for the authorization of such debt, for other purposes for which such debt could be incurred.  No purchaser of any bonds or notes of an interstate district shall be responsible in any way to see to the application of the proceeds thereof.
    7. State Aid Programs.  As used in this paragraph the term "initial aid" shall include New Hampshire and Vermont financial assistance with respect to a capital project, or the means of financing a capital project, which is available in connection with construction costs of a capital project or which is available at the time indebtedness is incurred to finance the project. Without limiting the generality of the foregoing definition, initial aid shall specifically include a New Hampshire state guarantee under RSA 195-B with respect to bonds or notes and Vermont construction aid under chapter 123 of this title.  As used in this paragraph the term "long-term aid" shall include New Hampshire and Vermont financial assistance which is payable periodically in relation to capital costs incurred by an interstate district. Without limiting the generality of the foregoing definition, long-term aid shall specifically include New Hampshire school building aid under RSA 198 and Vermont school building aid under chapter 123 of this title. For the purpose of applying for, receiving and expending initial aid and long-term aid an interstate district shall be deemed a native school district by each state, subject to the following provisions.  When an interstate district has appropriated money for a capital project, the amount appropriated shall be divided into a New Hampshire share and a Vermont share in accordance with the capital expense apportionment formula in the articles of agreement as though the total amount appropriated for the project was a capital expense requiring apportionment in the year the appropriation is made.  New Hampshire initial aid shall be available with respect to the amount of the New Hampshire share as though it were authorized indebtedness of a New Hampshire cooperative school district.  In the case of a state guarantee of interstate district bonds or notes under RSA 195-B, the interstate district shall be eligible to apply for and receive an unconditional state guarantee with respect to an amount of its bonds or notes which does not exceed 50 percent of the amount of the New Hampshire share as determined above. Vermont initial aid shall be available with respect to the amount of the Vermont share as though it were funds voted by a Vermont school district.  Payments of Vermont initial aid shall be made to the interstate district, and the amount of any borrowing authorized to meet the appropriation for the capital project shall be reduced accordingly.  New Hampshire and Vermont long-term aid shall be payable to the interstate district.  The amounts of long-term aid in each year shall be based on the New Hampshire and Vermont shares of the amount of indebtedness of the interstate district which is payable in that year and which has been apportioned in accordance with the capital expense apportionment formula in the articles of agreement.  The New Hampshire aid shall be payable at the rate of forty-five percent, if there are three or less New Hampshire members in the interstate district, and otherwise it shall be payable as though the New Hampshire members were a New Hampshire cooperative school district.  New Hampshire and Vermont long-term aid shall be deducted from the total capital expenses for the fiscal year in which the long-term aid is payable, and the balance of such expenses shall be apportioned among the member districts.  Notwithstanding the foregoing provisions, New Hampshire and Vermont may at any time change their state school aid programs that are in existence when this compact takes effect and may establish new programs, and any legislation for these purposes may specify how such programs shall be applied with respect to interstate districts.  Notwithstanding the foregoing, the respective amounts of New Hampshire and Vermont initial and long-term aid, with respect to a capital project of the Dresden School District for which indebtedness is authorized by a vote of the District after July 1, 1977, shall be initially determined for each year for each member district by the manner provided in this paragraph and the aid shall be paid to the Dresden School District, however, the amount of aid for those capital projects received by the Dresden School District on account of each member district shall be used by the district to reduce the sums which would otherwise be required to be raised by taxation within that member district.
    8. Tax Exemption.  Bonds and notes of an interstate school district shall be exempt from local property taxes in both states, and the interest or discount thereon and any profit derived from the disposition thereof shall be exempt from personal income taxes in both states.
    9. Notwithstanding paragraph G of this Article, initial and longterm aid may be allocated among the members of an interstate district other than the Dresden School District in the manner which is provided in the articles of agreement of that district, or if not therein provided, in the manner specified in paragraph G for all interstate districts other than the Dresden School District.

      Added 1967, No. 243 (Adj. Sess.); amended 1977, No. 65 , §§ 1, 2; 2001, No. 63 , § 176a.

    History

    Reference in text. RSA 195-B, referred to in paragraph G., was repealed by N.H. Laws 1967, 154: 6, eff. July 24, 1967. The subject matter is now covered by RSA 195-C.

    Amendments--2001. Paragraph D: Added the third sentence.

    Amendments--1977 Paragraph G: Added the last sentence.

    Paragraph I: Added.

    § 778. Taking over of existing property - Article VIII.

    1. Power to Acquire Property of Member District.  The articles of agreement, or an amendment thereof, may provide for the acquisition by an interstate district from a member district of all or a part of its existing plant and equipment.
    2. Valuation.  The articles of agreement, or the amendment, shall provide for the determination of the value of the property to be acquired in one or more of the following ways:
    3. Reimbursement to Member District.  The articles of agreement shall specify the method by which the member district shall be reimbursed by the interstate district for the property taken over, in one or more of the following ways:

      a. By one lump sum, appropriated, allocated, and raised by the interstate district in the same manner as an appropriation for operating expenses.

      b. In installments over a period of not more than twenty years, each of which is appropriated, allocated, and raised by the interstate district in the same manner as an appropriation for operating expenses.

    1. A valuation set forth in the articles of agreement or the amendment.
    2. By appraisal, in which case, one appraiser shall be appointed by each commissioner, and a third appraiser appointed by the first two appraisers.
    3. By an agreement to assume or reimburse the member district for all principal and interest on any outstanding indebtedness originally incurred by the member district to finance the acquisition and improvement of the property, each such installment to be appropriated, allocated, and raised by the interstate district in the same manner as an appropriation for operating expenses.

      The member district transferring the property shall have the same obligation to pay to the interstate district its share of the cost of such acquisition, but may offset its right to reimbursement.

      Added 1967, No. 243 (Adj. Sess.).

    § 779. Amendments to articles of agreement - Article IX.

    1. Amendments to the articles of agreement shall be adopted in the manner provided in the articles of agreement, and if no such provision is made in the articles of agreement then amendments shall be adopted by the affirmative vote of two-thirds of those present and voting at an interstate district meeting, except that:
    1. If the amendment proposes the addition of a new member district, the amendment shall be adopted in the same manner provided for the adoption of the original articles of agreement, provided that the planning committee shall consist of all of the members of the interstate district board of directors and all of the members of the school board of the proposed new member district or districts, and provided that the amendment shall be submitted to the voters of the interstate district, the affirmative vote of two-thirds of those present and voting at an interstate district meeting being required for approval of the amendment. The articles of agreement together with the proposed amendment shall then be submitted to the voters of the proposed new member district or districts, and an affirmative vote of a simple majority of those present and voting at each district meeting shall be required for approval of the amendment.
    2. No amendment to the articles of agreement may impair the rights of bond or note holders or the power of the interstate district to procure the means for their payment.
    3. Amendments to the articles of agreement of the Dresden School District shall be adopted in the following manner: (1) an amendment shall be initially approved upon the affirmative vote of a simple majority of those voters of the Dresden School District who are present and voting at a meeting called for such purpose, (2) the amendment initially approved by the voters of the Dresden School District shall become final and effective upon the expiration of thirty days after the date of that vote, unless a petition is duly filed within that thirty day period and the amendment is subsequently not approved by the voters of a member district in accordance with the procedure specified in clause (3), (3) if a petition, valid under applicable state law, is filed before the expiration of that thirty-day period with the clerk of any school district which is a member of the Dresden School District, which petition requires the calling of a special meeting of that member district for the purpose of considering the approval of the amendment initially adopted by the voters of the Dresden School District, then the board of school directors of that member district shall thereupon call a special meeting of that district for that purpose, (4) if the amendment as initially approved by the voters of the Dresden School District is approved by more than forty percent of the voters present and voting at the meeting of each member district in which a petition was filed under this section, then the amendment as initially adopted shall become final and effective upon the vote of that member district last to vote.  If the amendment as initially approved by the voters of the Dresden School District is not so approved by more than forty percent of the voters present and voting at the meeting of any one member district, then the amendment shall be null and void and of no effect.

      Added 1967, No. 243 (Adj. Sess.); amended 1977, No. 65 , § 3.

    History

    Amendments--1977 Section amended generally.

    § 780. Applicability of New Hampshire laws - Article X.

    1. General School Laws.  With respect to the operation and maintenance of any school of the district located in New Hampshire, the provisions of New Hampshire law shall apply except as otherwise provided in this compact and except that the powers and duties of the school board shall be exercised and discharged by the interstate board and the powers and duties of the union superintendent shall be exercised and discharged by the interstate district superintendent.
    2. New Hampshire State Aid.  A New Hampshire school district shall be entitled to receive an amount of state aid for operating expenditures as though its share of the interstate district's expenses were the expenses of the New Hampshire member district, and as though the New Hampshire member district pupils attending the interstate school were attending a New Hampshire cooperative school district's school.  The state aid shall be paid to the New Hampshire member school district to reduce the sums which would otherwise be required to be raised by taxation within the member district.
    3. Continued Existence of the New Hampshire Member School District.  A New Hampshire member school district shall continue in existence, and shall have all of the powers and be subject to all of the obligations imposed by law and not herein delegated to the interstate district.  If the interstate district incorporates only a part of the schools in the member school district, then the school board of the member school district shall continue in existence and it shall have all of the powers and be subject to all of the obligations imposed by law on it and not herein delegated to the district.  However, if all of the schools in the member school district are incorporated into the interstate school district, then the member or members of the interstate board representing the member district shall have all of the powers and be subject to all of the obligations imposed by law on the members of a school board for the member district and not herein delegated to the interstate district.  The New Hampshire member school district shall remain liable on its existing indebtedness; and the interstate school district shall not become liable therefor, unless the indebtedness is specifically assumed in accordance with the articles of agreement.  Any trust funds or capital reserve funds and any property not taken over by the interstate district shall be retained by the New Hampshire member district and held or disposed of according to law.  If all of the schools in a member district are incorporated into an interstate district, then no annual meeting of the member district shall be required unless the members of the interstate board from the member district shall determine that there is occasion for such an annual meeting.
    4. Suit and Service of Process in New Hampshire.  The courts of New Hampshire shall have the same jurisdiction over the district as though a New Hampshire member district were a party instead of the interstate district.  The service necessary to institute suit in New Hampshire shall be made on the district by leaving a copy of the writ or other proceedings in hand or at the last and usual place of abode of one of the directors who reside in New Hampshire, and by mailing a like copy to the clerk and to one other director by certified mail with return receipt requested.
    5. Employment.  Each employee of an interstate district assigned to a school located in New Hampshire shall be considered an employee of a New Hampshire school district for the purpose of the New Hampshire teachers' retirement system, the New Hampshire state employees' retirement system, the New Hampshire workers' compensation law and any other law relating to the regulation of employment or the provision of benefits for employees of New Hampshire school districts except as follows:
      1. A teacher in a New Hampshire member district may elect to remain a member of the New Hampshire teachers' retirement system, even though assigned to teach in an interstate school in Vermont.
      2. Employees of interstate districts designated as professional or instructional staff members, as defined in article I hereof, may elect to participate in the teachers' retirement system of either the State of New Hampshire or the State of Vermont but in no case will they participate in both retirement systems simultaneously.
      3. It shall be the duty of the superintendent in an interstate district to: (a) advise teachers and other professional staff employees contracted for the district about the terms of the contract and the policies and procedure of the retirement systems; (b) see that each teacher or professional staff employee selects the retirement system of his or her choice at the time his or her contract is signed; (c) provide the commissioners of education in New Hampshire and in Vermont with the names and other pertinent information regarding each staff member under his or her jurisdiction so that each may be enrolled in the retirement system of his or her preference.

        Added 1967, No. 243 (Adj. Sess.); amended 1981, No. 185 (Adj. Sess.), § 1.

    History

    Editor's note. The reference to the "union" superintendent in paragraph A. is obsolete. N.H. Laws 1979, 459:4, eff. Aug. 24, 1979, renamed supervisory unions as school administrative units.

    Although 1989, No. 118 , § 3, amended each section of this title containing the word "certified" by substituting therefor "licensed", the word "certified" appearing in the second sentence of paragraph D was not changed to "licensed" in view of the context of the reference.

    The references to the New Hampshire teachers' retirement system and the New Hampshire state employees' retirement system in paragraph E. are obsolete. Those retirement systems have been terminated and merged into the New Hampshire retirement system. See RSA 100-A:35-36-b.

    Amendments--1981 (Adj. Sess.) Paragraph E: Substituted "workers'" for "workmen's" preceding "compensation".

    § 781. Applicability of Vermont laws - Article XI.

    1. General School Laws.  With respect to the operation and maintenance of any school of the district located in Vermont, the provisions of Vermont law shall apply except as otherwise provided in this compact and except that the powers and duties of the school board shall be exercised and discharged by the interstate board and the powers and duties of the union superintendent shall be exercised and discharged by the interstate district superintendent.
    2. Vermont State Aid.  A Vermont school district shall be entitled to receive such amount of State aid for operating expenditures as though its share of the interstate district's expenses were the expenses of the Vermont member district, and as though the Vermont member district pupils attending the interstate schools were attending a Vermont union school district's schools.  Such State aid shall be paid to the Vermont member school district to reduce the sums which would otherwise be required to be raised by taxation within the member district.
    3. Continued Existence of Vermont Member School District.  A Vermont member school district shall continue in existence, and shall have all of the powers and be subject to all of the obligations imposed by law and not herein delegated to the interstate district.  If the interstate district incorporates only a part of the schools in the member school district, then the school board of the member school district shall continue in existence and it shall have all of the powers and be subject to all of the obligations imposed by law on it and not herein delegated to the district.  However, if all of the schools in the member school district are incorporated into the interstate school district, then the member or members of the interstate board representing the member district shall have all of the powers and be subject to all of the obligations imposed by law on the members of a school board for the member district and not herein delegated to the interstate district.  The Vermont member school district shall remain liable on its existing indebtedness; and the interstate school district shall not become liable therefor.  Any trust funds and any property not taken over shall be retained by the Vermont member school district and held or disposed of according to law.
    4. Suit and Service of Process in Vermont.  The courts of Vermont shall have the same jurisdiction over the districts as though a Vermont member district were a party instead of the interstate district.  The service necessary to institute suit in Vermont shall be made on the district by serving one of the directors who resides in Vermont, and by mailing a like copy to the clerk and to one other director by certified mail with return receipt requested.
    5. Employment.  Each employee of an interstate district assigned to a school located in Vermont shall be considered an employee of a Vermont school district for the purpose of the State Teachers' Retirement System of Vermont, the State Employees' Retirement System, the Vermont workers' compensation law, and any other law relating to the regulation of employment or the provision of benefits for employees of Vermont school districts except as follows:
      1. A teacher in a Vermont member district may elect to remain a member of the State Teachers' Retirement System of Vermont, even though assigned to teach in an interstate school in New Hampshire.
      2. Employees of interstate districts designated as professional or instructional staff members, as defined in article I hereof, may elect to participate in the teachers' retirement system of either the State of Vermont or the State of New Hampshire but in no case will they participate in both retirement systems simultaneously.
      3. It shall be the duty of the superintendent in an interstate district to: (a) advise teachers and other professional staff employees contracted for the district about the terms of the contract and the policies and procedures of the retirement system; (b) see that each teacher or professional staff employee selects the retirement system of his choice at the time his contract is signed; (c) provide the commissioners of education in New Hampshire and in Vermont with the names and other pertinent information regarding each staff member under his jurisdiction so that each may be enrolled in the retirement system of his preference.

        Added 1967, No. 243 (Adj. Sess.); amended 1971, No. 185 (Adj. Sess.), § 183, eff. March 29, 1972; 1981, No. 165 (Adj. Sess.), § 1.

    History

    Editor's note. Although 1989, No. 118 , § 3, amended each section of this title containing the word "certified" by substituting therefor "licensed", the word "certified" appearing in the second sentence of par. D was not changed to "licensed" in view of the context of the reference.

    The reference to the teachers' retirement system of New Hampshire in par. E. is obsolete. That system has been terminated and merged into the New Hampshire retirement system. See RSA 100-A:35, 36.

    Amendments--1981 (Adj. Sess.) Paragraph E: Substituted "workers'" for "workmen's" preceding "compensation".

    Amendments--1971 (Adj. Sess.) Paragraph D: Substituted "serving" for "leaving a copy of the writ or other proceedings in hand or at the last and usual place of abode of" following "district by" in the second sentence.

    § 782. Adoption of compact by Dresden School District - Article XII.

    The Dresden School District, otherwise known as the Hanover-Norwich Interstate School District, authorized by New Hampshire laws of 1961, chapter 116, and by the laws of Vermont, is hereby authorized to adopt the provisions of this compact and to become an interstate school district within the meaning hereof, upon the following conditions and subject to the following limitations:

    1. Articles of agreement shall be prepared and signed by a majority of the directors of the interstate school district.
    2. The articles of agreement shall be submitted to an annual or special meeting of the Dresden district for adoption.
    3. An affirmative vote of two-thirds of those present and voting shall be required for adoption.
    4. Nothing contained therein, or in this compact, as it affects the Dresden School District shall affect adversely the rights of the holders of any bonds or other evidences of indebtedness then outstanding, or the rights of the district to procure the means for payment thereof previously authorized.
    5. The corporate existence of the Dresden School District shall not be terminated by such adoption of articles of amendment, but shall be deemed to be so amended that it shall thereafter be governed by the terms of this compact.

      Added 1967, No. 243 (Adj. Sess.).

    § 783. Miscellaneous provisions - Article XIII.

    1. Studies.  Insofar as practicable, the studies required by the laws of both states shall be offered in an interstate school district.
    2. Textbooks.  Textbooks and scholar's supplies shall be provided at the expense of the interstate district for pupils attending its schools.
    3. Transportation.  The allocation of the cost of transportation in an interstate school district, as between the interstate district and the member districts, shall be determined by the articles of agreement.
    4. Location of Schoolhouses.  In any case where a new schoolhouse or other school facility is to be constructed or acquired, the interstate board shall first determine whether it shall be located in New Hampshire or in Vermont.  If it is to be located in New Hampshire, RSA 199, relating to schoolhouses, shall apply.  If it is to be located in Vermont, the Vermont law relating to schoolhouses shall apply.
    5. Fiscal Year.  The fiscal year of each interstate district shall begin on July first of each year and end on June thirtieth of the following year.
    6. Immunity from Tort Liability.  Notwithstanding the fact that an interstate district may derive income from operating profit, fees, rentals, and other services, it shall be immune from suit and from liability for injury to persons or property and for other torts caused by it or its agents, servants or independent contractors, except insofar as it may have undertaken such liability under RSA 281:7 relating to workers' compensation, or RSA 412:3 relating to the procurement of liability insurance by a governmental agency and except insofar as it may have undertaken such liability under 21 V.S.A. § 621 relating to workers' compensation or 29 V.S.A. § 1403 relating to the procurement of liability insurance by a governmental agency.
    7. Administrative Agreement Between Commissioners of Education.  The commissioners of education of New Hampshire and Vermont may enter into one or more administrative agreements prescribing the relationship between the interstate districts, member districts, and each of the two state departments of education, in which any conflicts between the two states in procedure, regulations, and administrative practices may be resolved.
    8. Amendments.  Neither state shall amend its legislation or any agreement authorized thereby without the consent of the other in such manner as to substantially adversely affect the rights of the other state or its people hereunder, or as to substantially impair the rights of the holders of any bonds or notes or other evidences of indebtedness then outstanding or the rights of an interstate school district to procure the means for payment thereof.  Subject to the foregoing, any reference herein to other statutes of either state shall refer to such statute as it may be amended or revised from time to time.
    9. Separability.  If any of the provisions of this compact, or legislation enabling the same, shall be held invalid or unconstitutional in relation to any of the applications thereof, such invalidity or unconstitutionality shall not affect other applications thereof or other provisions thereof; and to this end the provisions of this compact are declared to be severable.
    10. Inconsistency of Language.  The validity of this compact shall not be affected by any insubstantial differences in its form or language as adopted by the two states.

      Added 1967, No. 243 (Adj. Sess.); amended 1981, No. 165 (Adj. Sess.), § 1.

    History

    Reference in text. RSA 281:7, referred to in paragraph F, was repealed by N.H. Laws 1967, 403:19, eff. Oct. 1, 1967.

    Editor's note. RSA 199, referred to in paragraph D., is a reference to Chapter 199 of the New Hampshire Revised Statutes Annotated. RSA Chapter 199 relates to schoolhouses and consists of §§ 199:1 - 199:22-a.

    Amendments--1981 (Adj. Sess.) Paragraph F: Substituted "workers'" for "workmen's" preceding "compensation".

    § 784. Effective date - Article XIV.

    This compact shall become effective when passed by the Vermont General Assembly, signed by the Governor and approved by the United States Congress.

    Added 1967, No. 243 (Adj. Sess.).

    History

    Congressional consent. For act providing for Congressional consent of the New Hampshire-Vermont Interstate School Compact see Public Law 91-21; 83 Stat. 14, June 3, 1969.

    CHAPTER 17. NEW YORK-VERMONT INTERSTATE SCHOOL COMPACT

    Sec.

    § 791. General Provision - Article I.

    1. Statement of policy.  It is the purpose of this compact to increase the educational opportunities within the states of New York and Vermont by encouraging the formation of interstate school districts which will each be a natural social and economic region with adequate financial resources and a number of pupils sufficient to permit the efficient use of school facilities within the interstate district and to provide improved instruction.  The state boards of education of New York and Vermont may formulate and adopt additional standards consistent with this purpose and with these standards; and the formation of any interstate school district and the adoption of its articles of agreement shall be subject to the approval of both state boards as hereinafter set forth.
    2. Requirement of congressional approval.  This compact shall not become effective until approved by the United States Congress.
    3. Definitions.  The terms used in this compact shall be construed as follows, unless a different meaning is clearly apparent from the language or context:
    1. "Interstate school district" and "interstate district" shall mean a school district composed of one or more school districts located in the State of New York associated under this compact with one or more school districts located in the State of Vermont, and may include either the elementary schools, the secondary schools, or both.
    2. "Member school district" and "member district" shall mean a school district located either in New York or Vermont which is included within the boundaries of a proposed or established interstate school district.  In the case of districts located in Vermont, it shall include city school districts, town school districts, union school districts, and incorporated school districts.  Where appropriate, the term "member district clerk" shall refer to the clerk of the city in which a Vermont school district is located, the clerk of the town in which a Vermont town school district is located, or the clerk of an incorporated school district.
    3. "Elementary school" shall mean a school which includes all grades from kindergarten or grade one through not less than grade six nor more than grade eight.
    4. "Secondary school" shall mean a school which includes all grades beginning no lower than grade seven and no higher than grade twelve.
    5. "Interstate board" shall refer to the board serving an interstate school district.
    6. "New York board" shall refer to the New York State Board of Education.
    7. "Vermont board" shall refer to the Vermont State Board of Education.
    8. "Commissioner" shall refer to the New York Commissioner of Education or the Vermont Secretary of Education, individually or collectively as appropriate. "State departments of education" shall refer collectively to the New York State Education Department and the Vermont Agency of Education.
    9. Where joint action by both state boards is required, each state board shall deliberate and vote by its own majority, but shall separately reach the same result or take the same action as the other state board.
    10. The terms "professional staff personnel" and "instructional staff personnel" shall include superintendents, assistant superintendents, administrative assistants, principals, guidance counsellors, special education personnel, school nurses, therapists, teachers, and other licensed personnel.
    11. The term "warrant" or "warning" to mean the same for both states.

      Added 1975, No. 130 (Adj. Sess.), § 1; amended 1989, No. 118 , § 3; 2013, No. 92 (Adj. Sess.), § 94, eff. Feb. 14, 2014.

    History

    Amendments--2013 (Adj. Sess.). Paragraph C.h.: Substituted "the New York Commissioner of Education or the Vermont Secretary of Education, individually or collectively as appropriate" for "commissioner of education" and added the second sentence.

    Amendments--1989. Paragraph C.j.: Substituted "licensed" for "certified" following "teachers, and other".

    § 792. Procedure for Formation of an Interstate School District - Article II.

    1. Creation of planning committee.  The New York and Vermont Commissioners of Education shall have the power, acting jointly to constitute and discharge one or more interstate school district planning committees.  Each such planning committee shall consist of at least two voters from each of a group of two or more neighboring member districts.  One of the representatives from each member district shall be a member of its school board, whose term on the planning committee shall be concurrent with his or her term as a school board member.  The term of each member of a planning committee who is not also a school board member shall expire on June thirtieth of the third year following his or her appointment.  The existence of any planning committee may be terminated either by vote of a majority of its members or by joint action of the commissioners.  In forming and appointing members to an interstate school district planning board, the Commissioners shall consider and take into account recommendations and nominations made by school boards of member districts.  No member of a planning committee shall be disqualified because he or she is at the same time a member of another planning board or committee created under the provisions of this compact or under any other provisions of law.  Any existing informal interstate school planning committee may be reconstituted as a formal planning committee in accordance with the provisions hereof, and its previous deliberations adopted and ratified by the reorganized formal planning committee.  Vacancies on a planning committee shall be filled by the commissioners acting jointly.
    2. Operating procedures of planning committee.  Each interstate school district planning committee shall meet in the first instance at the call of any member, and shall organize by the election of a chairman and clerk-treasurer, each of whom shall be a resident of a different state. Subsequent meetings may be called by either officer of the committee.  The members of the committee shall serve without pay.  The member districts shall appropriate money on an equal basis at each annual meeting to meet the expenses of the committee, including the cost of publication and distribution of reports and advertising.  From time to time the commissioners may add additional members and additional member districts to the committee, and may remove members and member districts from the committee.  An interstate school district planning committee shall act by majority vote of its membership present and voting.
    3. Duties of interstate school district planning committee.  It shall be the duty of an interstate school district planning committee, in consultation with the commissioners and the state departments of education: to study the advisability of establishing an interstate school district in accordance with the standards set forth in paragraph A of Article I of this compact, its organization, operation and control, and the advisability of constructing, maintaining and operating a school or schools to serve the needs of such interstate district; to estimate the construction and operating costs thereof; to investigate the methods of financing such school or schools, and any other matters pertaining to the organization and operation of an interstate school district; and to submit a report or reports of its findings and recommendations to the several member districts.
    4. Recommendations and preparation of articles of agreement.  An interstate school district planning committee may recommend that an interstate school district composed of all the member districts represented by its membership, or any specified combination of such member districts, be established.  If the planning committee does recommend the establishment of an interstate school district, it shall include in its report such recommendation, and shall also prepare and include in its report proposed articles of agreement for the proposed interstate school district, which shall be signed by at least a majority of the membership of the planning committee, which set forth the following:
    5. Hearings.  If the planning committee recommends the formation of an interstate school district, it shall hold at least one public hearing on its report and the proposed articles of agreement within the proposed interstate school district in New York, and at least one public hearing thereon within the proposed interstate school district in Vermont. The planning committee shall give such notice thereof as it may determine to be reasonable, provided that such notice shall include at least one publication in a newspaper of general circulation within the proposed interstate school district not less than fifteen days (not counting the date of publication and not counting the date of the hearing) before the date of the first hearing.  Such hearings may be adjourned from time to time and from place to place.  The planning committee may revise the proposed articles of agreement  after the date of the hearings.  It shall not be required to hold further hearings on the revised articles of agreement but may hold one or more further hearings after notice similar to that required for the first hearings if the planning committee in its sole discretion determines that the revisions are so substantial in nature as to require further presentation to the public before submission to the state boards of education.
    6. Approval by state boards.  After the hearings a copy of the proposed articles of agreement, as revised, signed by a majority of the planning committee, shall be submitted by it to each state board.  The state boards may (a) if they find that the articles of agreement are in accord with the standards set forth in this compact and in accordance with sound educational policy, approve the same as submitted, or (b) refer them back to the planning committee for further study.  The planning committee may make additional revisions to the proposed articles of agreement to conform to the recommendations of the state boards.  Further hearings on the proposed articles of agreement shall not be required unless ordered by the state boards in their discretion.  In exercising such discretion, the state boards shall take into account whether or not the additional revisions are so substantial in nature as to require further presentation to the public.  If both state boards find that the articles of agreement as further revised are in accord with the standards set forth in this compact and in accordance with sound educational policy, they shall approve the same.  After approval by both state boards, each state board shall cause the articles of agreement to be submitted to the school boards of the several member districts in each state for acceptance by the member districts as provided in the following paragraph.  At the same time, each state board shall designate the form of warrant, date, time, place, and period of voting for the special meeting of the member district to be held in accordance with the following paragraph.
    7. Adoption by member districts.  Upon receipt of written notice from the state board in its state of the approval of the articles of agreement by both state boards, the school board of each member district shall cause the articles of agreement to be filed with the member district clerk.  Within ten days after receipt of such notice, the school board shall issue its warrant for a special meeting of the member district, the warrant to be in the form, and the meeting to be held at the time and place and in the manner prescribed by the state board.  No approval of the superior court shall be required for such special school district meeting in New York.  Voting shall be with the use of the check list by a ballot substantially in the following form:

      If the articles of agreement included the nomination of individual school directors, those nominated from each member district shall be included in the ballot and voted upon, such election to become effective upon the formation of an interstate school district.

      If a majority of the voters present and voting in a member district vote in the affirmative, the clerk for such member district shall forthwith send to the state board in its state a certified copy of the warrant, certificate of posting, and minutes of the meeting of the district. If the state boards of both states find that a majority of the voters present and voting in each member district have voted in favor of the establishment of the interstate school district, they shall issue a joint certificate to that effect; and such certificate shall be conclusive evidence of the lawful organization and formation of the interstate school district as of its date of issuance.

    8. Resubmission.  If the proposed articles of agreement are adopted by one or more of the member districts but rejected by one or more of the member districts,  the state boards may resubmit them, in the same form as previously submitted, to the rejecting member districts, in which case the school boards thereof shall resubmit them to the voters in accordance with paragraph G of this article.  An affirmative vote in accordance therewith shall have the same effect as though the articles of agreement had been adopted in the first instance.  In the alternative, the state boards may either (a) discharge the planning committee, or (b) refer the articles of agreement back for further consideration to the same or a reconstituted planning committee, which shall have all of the powers and duties as the planning committee as originally constituted.

      Added 1975, No. 130 (Adj. Sess.), § 2.

    1. The name of the interstate school district.
    2. The member districts which shall be combined to form the proposed interstate school district.
    3. The number, composition, method of selection and terms of office of the interstate school board, provided that:
    4. The grades for which the interstate school district shall be responsible.
    5. The specific properties of member districts to be acquired initially by the interstate school district and the general location of any proposed new schools to be initially established or constructed by the interstate school district.
    6. The method of apportioning the operating expenses of the interstate school district among the several member districts, and the time and manner of payments of such shares.
    7. The indebtedness of any member district which the interstate district is to assume.
    8. The method of apportioning the capital expenses of the interstate school district among the several member districts, which need not be the same as the method of apportioning operating expenses, and the time and manner of payment of such shares.  Capital expenses shall include the cost of acquiring land and buildings for school purposes; the construction, furnishing and equipping of school buildings and facilities; and the payment of the principal and interest of any indebtedness which is incurred to pay for the same.
    9. The manner in which state aid, available under the laws of either New York or Vermont, shall be allocated, unless otherwise expressly provided in this compact or by the laws making such aid available.
    10. The method by which the articles of agreement may be amended, which amendments may include the annexation of territory, or an increase or decrease in the number of grades for which the interstate district shall be responsible, provided that no amendment shall be effective until approved by both state boards in the same manner as required for approval of the original articles of agreement.
    11. The date of operating responsibility of the proposed interstate school district and a proposed program for the assumption of operating responsibility for education by the proposed interstate school district, and any school construction; which the interstate school district shall have the power to vary by vote as circumstances may require.
    12. Any other matters, not incompatible with law, which the interstate school district planning committee may consider appropriate to include in the articles of agreement, including, without limitation:

      (1) The method of allocating the cost of transportation between the interstate district and member districts;

      (2) The nomination of individual school directors to serve until the first annual meeting of the interstate school district.

    1. The interstate school board shall consist of an odd number of members, not less than five nor more than fifteen;
    2. The terms of office shall not exceed three years;
    3. Each member district shall be entitled to elect at least one member of the interstate school board.  Each member district shall either vote separately at the interstate school district meeting by the use of a distinctive ballot, or shall choose its member or members at any other election at which school officials may be chosen;
    4. The method of election shall provide for the filing of candidacies in advance of election and for the use of a printed nonpartisan ballot;
    5. Subject to the foregoing, provision may be made for the election of one or more members at large.

    "Shall the school district accept the provisions of the New York-Vermont Interstate School Compact providing for the establishment of an interstate school district, together with the school districts of .................... and ...................., etc., in accordance with the provisions of the proposed articles of agreement filed with the school district (town, city or incorporated school district) clerk?" Yes ( ) No ( )

    History

    Editor's note. Although 1989, No. 118 , § 3, amended each section of this title containing the words "certified" and "certificate" by substituting therefor "licensed" and "license", the words "certified" and "certificate" were not changed in this section to "licensed" and "license", respectively, in view of the context of the references.

    § 793. Powers of Interstate School Districts - Article III.

    1. Powers.  Each interstate school district shall be a body corporate and politic, with power:
    1. To acquire, construct, extend, improve, staff, operate, manage and govern public schools within its boundaries;
    2. To sue and be sued, subject to the limitations of liability hereinafter set forth;
    3. To have a seal and alter the same at pleasure;
    4. To adopt, maintain and amend bylaws not inconsistent with this compact, and the laws of the two states;
    5. To acquire by purchase, condemnation, lease or otherwise, real and personal property for the use of its schools;
    6. To enter into contracts and incur debts;
    7. To borrow money for the purposes hereinafter set forth and to issue its bonds or notes therefor;
    8. To make contracts with and accept grants and aid from the United States, the State of New York, the State of Vermont, any agency or municipality thereof, and private corporations and individuals for the construction, maintenance, reconstruction, operation and financing of its schools; and to do any and all things necessary in order to avail itself of such aid and cooperation;
    9. To employ such assistants, agents, servants, and independent contractors as it shall deem necessary or desirable for its purposes; and
    10. To take any other action which is necessary or appropriate in order to exercise any of the foregoing powers.

      Added 1975, No. 130 (Adj. Sess.), § 3.

    § 794. District Meetings - Article IV.

    1. General.  Votes of the district shall be taken at a duly warned meeting held at any place in the district, at which all of the eligible legal voters of the member districts shall be entitled to vote, except as otherwise provided with respect to the election of directors.
    2. Eligibility of voters.  Any resident who would be eligible to vote at a meeting of a member district being held at the same time, shall be eligible to vote at a meeting of the interstate district.  The board of civil authority in each Vermont member district and the supervisors of the check list of each New York district shall respectively prepare a check list of eligible voters for each meeting of the interstate district in the same manner, and they shall have all the same powers and duties with respect to eligibility of voters in their districts as for a meeting of a member district.
    3. Warning of meetings.  A meeting shall be warned by a warrant addressed to the residents of the interstate school district qualified to vote in district affairs, stating the time and place of the meeting and the subject matter of the business to be acted upon.  The warrant shall be signed by the clerk and by a majority of the directors.  Upon written application of ten or more voters in the district, presented to the directors or to one of them, at least 25 days before the day prescribed for an annual meeting, the directors shall insert in their warrant for such meeting any subject matter specified in such application.
    4. Posting and publication of warrant.  The directors shall cause an attested copy of the warrant to be posted at the place of meeting, and a like copy at a public place in each member district at least twenty days (not counting the date of posting and the date of meeting) before the date of the meeting.  In addition, the directors shall cause the warrant to be advertised in a newspaper of general circulation on at least one occasion, such publication to occur at least ten days (not counting the date of publication and not counting the date of the meeting) before the date of the meeting. Although no further notice shall be required, the directors may give such further notice of the meeting as they in their discretion deem appropriate under the circumstances.
    5. Return of warrant.  The warrant with a certificate thereon, verified by oath, stating the time and place when and where copies of the warrant were posted and published, shall be given to the clerk of the interstate school district at or before the time of the meeting, and shall be recorded by him or her in the records of the interstate school district.
    6. Organization meeting.  The commissioners, acting jointly, shall fix a time and place for a special meeting of the qualified voters within the interstate school district for the purpose of organization, and shall prepare and issue the warrant for the meeting after consultation with the interstate school district planning board and the members-elect, if any, of the interstate school board of directors.  Such meeting shall be held within 60 days after the date of issuance of the certificate of formation, unless the time is further extended by the joint action of the state boards.  At the organization meeting the commissioner of education of the state where the meeting is held, or his or her designate, shall preside in the first instance, and the following business shall be transacted:
    7. Annual meetings.  An annual meeting of the district shall be held between January fifteenth and June first of each year at such time as the interstate district may by vote determine.  Once determined, the date of the annual meeting shall remain fixed until changed by vote of the interstate district at a subsequent annual or special meeting.  At each annual meeting the following business shall be transacted:

      a. Necessary officers shall be elected.

      b. Money shall be appropriated for the support of the interstate district schools for the fiscal year beginning the following July first.

      c. Such other business as may properly come before the meeting.

    8. Special meetings.  A special meeting of the district shall be held whenever, in the opinion of the directors, there is occasion therefor, or whenever written application shall have been made by five percent or more of the voters (based on the check lists as prepared for the last preceding meeting) setting forth the subject matter upon which such action is desired.  A special meeting may appropriate money without compliance with Education Law §§ 2006-2008 and Education Law §§ 416 and 417 which would otherwise require the approval of the New York supreme court.
    9. Certification of records.  The clerk of an interstate school district shall have the power to certify the record of the votes adopted at an interstate school district meeting to the respective commissioners and state boards and (where required) for filing with a Secretary of State.
    10. Method of voting at school district meetings.  Voting at meetings of interstate school districts shall take place as follows:

      a. School directors. A separate ballot shall be prepared for each member district, listing the candidates for interstate school director to represent such member district; and any candidates for interstate school director at large; and the voters of each member district shall register on a separate ballot their choice for the office of school director or directors. In the alternative, the articles of agreement may provide for the election of school directors by one or more of the member districts at an election otherwise held for the choice of school or other municipal officers.

      b. Other votes. Except as otherwise provided in the articles of agreement or this compact, with respect to all other votes (1) the voters of the interstate school district shall vote as one body irrespective of the member districts in which they are resident, and (2) a simple majority of those present and voting at any duly warned meeting shall carry the vote. Voting for officers to be elected at any meeting, other than school directors, shall be by ballot or voice, as the interstate district may determine, either in its articles of agreement or by vote of the meeting.

      Added 1975, No. 130 (Adj. Sess.), § 4.

    1. A temporary moderator and a temporary clerk shall be elected from among the qualified voters who shall serve until a moderator and clerk respectively have been elected and qualified.
    2. A moderator, a clerk, a treasurer, and three auditors shall be elected to serve until the next annual meeting and thereafter until their successors are elected and qualified. Unless previously elected, a board of school directors shall be elected to serve until their successors are elected and qualified.
    3. The date for the annual meeting shall be established.
    4. Provision shall be made for the payment of any organizational or other expense incurred on behalf of the district before the organization meeting, including the cost of architects, surveyors, contractors, attorneys, and educational or other consultants or experts.
    5. Any other business, the subject matter of which has been included in the warrant, and which the voters would have had power to transact at an annual meeting.

    History

    Editor's note. Although 1989, No. 118 , 3, amended each section of this title containing the words "certificate" and "certify" by substituting therefor "license" and the word "certification" by substituting therefor "licensing", these words were not changed in this section in view of the context of the references.

    § 795. Officers - Article V.

    1. Officers: general.  The officers of an interstate school district shall be a board of school directors, a chairman of the board, a vice-chairman of the board, a secretary of the board, a moderator, a clerk, a treasurer and three auditors. Except as otherwise specifically provided, they shall be eligible to take office immediately following their election; they shall serve until the next annual meeting of the interstate district and until their successors are elected and qualified.  Each shall take oath for the faithful performance of his duties before the moderator, or a notary public or a justice of the peace of the state in which the oath is administered.  Their compensation shall be fixed by vote of the district.  No person shall be eligible to any district office unless he is a voter in the district.  A custodian, school teacher, principal, superintendent or other employee of an interstate district acting as such shall not be eligible to hold office as a school director.
    2. Board of directors.
    3. Chairman of the board.  The chairman of the board of interstate school directors shall be elected by the interstate board from among its members at its first meeting following the annual meeting.  The chairman shall preside at the meetings of the board and shall perform such other duties as the board may assign to him.
    4. Vice-Chair of the board of directors.  The vice-chairman of the interstate board shall be elected in the same manner as the chairman.  He shall represent a member district in a state other than that represented by the chairman. He shall preside in the absence of the chairman and shall perform such other duties as may be assigned to him by the interstate board.
    5. Secretary of the board.  The secretary of the interstate board shall be elected in the same manner as the chairman. Instead of electing one of its members, the interstate board may appoint the interstate district clerk to serve as secretary of the board in addition to his other duties.  The secretary of the interstate board (or the interstate district clerk, if so appointed) shall keep the minutes of its meetings, shall certify its records, and perform such other duties as may be assigned to him by the board.
    6. Moderator.  The moderator shall preside at the district meetings, regulate the business thereof, decide questions of order, and make a public declaration of every vote passed.  He may prescribe rules of procedure; but such rules may be altered by the district.  He may administer oaths to district officers in either state.
    7. Clerk.  The clerk shall keep a true record of all proceedings at each district meeting, shall certify its records, shall make an attested copy of any records of the district for any person upon request and tender of reasonable fees therefor, if so appointed, shall serve as secretary of the board of school directors, and shall perform such other duties as may be required by custom or law.
    8. Treasurer.  The treasurer shall have custody of all of the monies belonging to the district and shall pay out the same only upon the order of the interstate board.  He shall keep a fair and accurate account of all sums received into and paid from the interstate district treasury, and at the close of each fiscal year he shall make a report to the interstate district, giving a particular account of all receipts and payments during the year.  He shall furnish to the interstate directors, statements from his books and submit his books and vouchers to them and to the district auditors for examination whenever so requested.  He shall make all returns called for by laws relating to school districts. Before entering on his duties, the treasurer shall give a bond with sufficient sureties and in such sum as the directors may require.  The treasurer's term of office is from July 1 to the following June 30.
    9. Auditors.  At the organization meeting of the district, three auditors shall be chosen, one to serve for a term of one year, one to serve for a term of two years, and one to serve for a term of three years.  After the expiration of each original term, the successor shall be chosen for a three year term.  At least one auditor shall be a resident of New York, and one auditor shall be a resident of Vermont.  An interstate district may vote to employ a certified public accountant to assist the auditors in the performance of their duties.  The auditors shall carefully examine the accounts of the treasurer and the directors at the close of each fiscal year, and at such other times whenever necessary, and report to the district whether the same are correctly cast and properly vouched.
    10. Superintendent.  The superintendent of schools shall be selected by a majority vote of the board of school directors of the interstate district with the approval of both commissioners.
    11. Vacancies.  Any vacancy among the elected officers of the district shall be filled by the interstate board until the next annual meeting of the district or other election, when a successor shall be elected to serve out the remainder of the unexpired term, if any.  Until all vacancies on the interstate board are filled, the remaining members shall have full power to act.

      Added 1975, No. 130 (Adj. Sess.), § 5.

    1. How chosen.  Each member district shall be represented by at least one resident on the board of school directors of an interstate school district.  A member district shall be entitled to such further representation on the interstate board of school directors as provided in the articles of agreement as amended from time to time.  The articles of agreement as amended from time to time may provide for school directors at large, as above set forth.  No person shall be disqualified to serve as a member of an interstate board because he is at the same time a member of the school board of a member district.
    2. Term.  Interstate school directors shall be elected for terms in accordance with the articles of agreement.
    3. Duties of board of directors.  The board of school directors of an interstate school district shall have and exercise all of the powers of the district not reserved herein to the voters of the district.
    4. Organization.  The clerk of the district shall warn a meeting of the board of school directors to be held within ten days following the date of the annual meeting, for the purpose of organizing the board, including the election of its officers.

    History

    Editor's note. Although 1989, No. 118 , § 3, amended each section of this title containing the word "certify" by substituting therefor "license", the word "certify" was not changed to "license" in this section in view of the context of the references.

    § 796. Appropriation and Apportionment of Funds - Article VI.

    1. Budget.  Before each annual meeting, the interstate board shall prepare a report of expenditures for the preceding fiscal year, an estimate of expenditures for the current fiscal year, and a budget for the succeeding fiscal year.
    2. Appropriation.  The interstate board of directors shall present the budget report of the annual meeting.  The interstate district shall appropriate a sum of money for the support of its schools and for the discharge of its obligations for the ensuing fiscal year.
    3. Apportionment of appropriation.  Subject to the provisions of article VII hereof, the interstate board shall first apply against such appropriation any income to which the interstate district is entitled, and shall then apportion the balance among the member districts in accordance with one of the following formulas as determined by the articles of agreement as amended from time to time:
    4. Share of New York member district.  The interstate board shall certify the share of a New York member district of the total appropriation to the school board of each member district which shall add such sum to the amount appropriated by the member district itself for the ensuing year and raise such sum in the same manner as though the appropriation had been voted at a school district meeting of the member district.  The interstate district shall not set up its own capital reserve funds; but a New York member district may set up a capital reserve fund in accordance with Education Law §§ 3651 and 3652, to be turned over to the interstate district in payment of the New York member district's share of any anticipated obligations.
    5. Share of Vermont member district.  The interstate board shall certify the share of a Vermont member district of the total appropriation to the school board of each member district which shall add such sum to the amount appropriated by the member district itself for the ensuing year and raise such sum in the same manner as though the appropriation had been voted at a school district meeting of the member district.

      Added 1975, No. 130 (Adj. Sess.), § 6.

    1. All of such balance to be apportioned on the basis of the ratio that the fair market value of the taxable property in each member district bears to that of the entire interstate district; or
    2. All of such balance to be apportioned on the basis that the average daily resident membership for the preceding fiscal year of each member district bears to that of the average daily resident membership of the entire interstate school district; or
    3. A formula based on any combination of the foregoing factors.

      The term "fair market value of taxable property" shall mean the last locally assessed valuation of a member district in New York, as last equalized by the New York State Tax Commission.

      The term "fair market value of taxable property" shall mean the equalized grand list of a Vermont member district, as determined by the Vermont Department of Taxes.

      Such assessed valuation and grand list may be further adjusted (by elimination of certain types of taxable property from one or the other or otherwise) in accordance with the articles of agreement, in order that the fair market value of taxable property in each state shall be comparable.

      "Average daily resident membership" of the interstate district in the first instance shall be the sum of the average daily resident membership of the member districts in the grades involved for the preceding fiscal year where no students were enrolled in the interstate district schools for such preceding fiscal year.

    History

    Editor's note. Although 1989, No. 118 , § 3, amended each section of this title containing the word "certify" by substituting therefor "license", the word "certify" was not changed to "license" in this section in view of the context of the references.

    § 797. Borrowing - Article VII.

    1. Interstate district indebtedness.  Indebtedness of an interstate district shall be a general obligation of the district and shall also be a joint and several general obligation of each member district, except that such obligations of the district and its member districts shall not be deemed indebtedness of any member district for the purposes of determining its borrowing capacity under New York and Vermont law.  A member district which withdraws from an interstate district shall remain liable for indebtedness of the interstate district which is outstanding at the time of withdrawal and shall be responsible for paying its share of such indebtedness to the same extent as though it had not been withdrawn.
    2. Temporary borrowing.  The interstate board may authorize the borrowing of money by the interstate district (1) in anticipation of payments of operating and capital expenses by the member districts to the interstate districts and (2) in anticipation of the issue of bonds or notes of the interstate district which have been authorized for the purpose of financing capital projects. Such temporary borrowing shall be evidenced by interest bearing or discounted notes of the interstate district.  The amount of notes issued in any fiscal year in anticipation of expense payments shall not exceed the amount of such payments received by the interstate district in the preceding fiscal year. Notes issued under this paragraph shall be payable within one year in the case of notes under clause (1) and three years in the case of notes under clause (2) from their respective dates, but the principal of and interest on notes issued for a shorter period may be renewed or paid from time to time by the issue of other notes, provided that the period from the date of an original note to the maturity of any note issued to renew or pay the same debt shall not exceed the maximum period permitted for the original loan.
    3. Borrowing for capital projects.  An interstate district may incur debt and issue its bonds or notes to finance capital projects.  Such projects may consist of the acquisition or improvement of land and buildings for school purposes, the construction, reconstruction, alteration, or enlargement of school buildings and related school facilities, the acquisition of equipment of a lasting character and the payment of judgments.  No interstate district may authorize indebtedness in excess of ten percent of the total fair market value of taxable property in its member districts as defined in article VI of this compact. The primary obligation of the interstate district to pay indebtedness of member districts shall not be considered indebtedness of the interstate district for the purpose of determining its borrowing capacity under this paragraph. Bonds or notes issued under this paragraph shall mature in equal or diminishing installments of principal payable at least annually commencing no later than two years and ending not later than thirty years after their dates.
    4. Authorization proceedings.  An interstate district shall authorize the incurring of debts to finance capital projects by a majority vote of the district passed at an annual or special district meeting.  Such vote shall be taken by secret ballot after full opportunity for debate, and any such vote shall be subject to reconsideration and further action by the district at the same meeting or at an adjourned session thereof.
    5. Sale of bonds and notes.  Bonds and notes which have been authorized under this article may be issued from time to time and shall be sold at not less than par and accrued interest at public or private sale by the chairman of the school board and by the treasurer.  Interstate district bonds and notes shall be signed by the said officers, except that either one of the two required signatures may be a facsimile.  Subject to this compact and the authorizing vote, they shall be in such form, bear such rates of interest and mature at such times as the said officers may determine. Bonds shall, but notes need not, bear the seal of the interstate district or a facsimile of such seal.  Any bonds or notes of the interstate district which are properly executed by the said officers shall be valid and binding according to their terms notwithstanding that before the delivery thereof such officers may have ceased to be officers of the interstate district.
    6. Proceeds of bonds.  Any accrued interest received upon delivery of bonds or notes of an interstate district shall be applied to the payment of the first interest which becomes due thereon.  The other proceeds of the sale of such bonds or notes, other than temporary notes, including any premiums, may be temporarily invested by the interstate district pending their expenditure; and such proceeds, including any income derived from the temporary investment of such proceeds, shall be used to pay the costs of issuing and marketing the bonds or notes and to meet the operating expenses or capital expenses in accordance with the purposes for which the bonds or notes were issued or, by proceedings taken in the manner required for the authorization of such debt, for other purposes for which such debt could be incurred.  No purchaser of any bonds or notes of an interstate district shall be responsible in any way to see to the application of the proceeds thereof.
    7. State aid programs.  As used in this paragraph the term "initial aid" shall include New York and Vermont financial assistance with respect to a capital project, or the means of financing a capital project, which is available in connection with construction costs of a capital project or which is available at the time indebtedness is incurred to finance the project.  Without limiting the generality of the foregoing definition, initial aid shall specifically include a New York state guarantee under Education Law §§ 1709 and 2512 with respect to bonds or notes and Vermont construction aid under 16 V.S.A. chapter 123.  As used in this paragraph the term "long-term aid" shall include New York and Vermont financial assistance which is payable periodically in relation to capital costs incurred by an interstate district. Without limiting the generality of the foregoing definition, long-term aid shall specifically include New York school building aid under Education Law §§ 416 and 417 and Vermont school building aid under 16 V.S.A. chapter 123.  For the purpose of applying for, receiving and expending initial aid and long-term aid an interstate district shall be deemed a native school district by each state, subject to the following provisions.  When an interstate district has appropriated money for a capital project, the amount appropriated shall be divided into a New York share and a Vermont share in accordance with the capital expense apportionment formula in the articles of agreement as though the total amount appropriated for the project was a capital expense requiring apportionment in the year the appropriation is made.  New York initial aid shall be available with respect to the amount of the New York share as though it were authorized indebtedness of a New York cooperative school district.  In the case of a state guarantee of interstate districts bonds or notes under Education Law §§ 1709 and 2512, the interstate district shall be eligible to apply for and receive an unconditional state guarantee with respect to an amount of its bonds or notes which does not exceed fifty percent of the amount of the New York share as determined above.  Vermont initial aid shall be available with respect to the amount of the Vermont share as though it were funds voted by a Vermont school district. Payments of Vermont initial aid shall be made to the interstate district, and the amount of any borrowing authorized to meet the appropriation for the capital project shall be reduced accordingly.  New York and Vermont long-term aid shall be payable to the interstate district.  The amounts of long-term aid in each year shall be based on the New York and Vermont shares of the amount of indebtedness of the interstate district which is payable in that year and which has been apportioned in accordance with the capital expense apportionment formula in the articles of agreement.  The New York aid shall be payable at the rate of forty-five percent, if there are three or less New York members in the interstate district, and otherwise it shall be payable as though the New York members were a New York cooperative school district.  New York and Vermont long-term aid shall be deducted from the total capital expenses for the fiscal year in which the long-term aid is payable, and the balance of such expenses shall be apportioned among the member districts.  Notwithstanding the foregoing provisions, New York and Vermont may at any time change their state school aid programs that are in existence when this compact takes effect and may establish new programs, and any legislation for these purposes may specify how such programs shall be applied with respect to interstate districts.
    8. Tax exemption.  Bonds and notes of an interstate school district shall be exempt from local property taxes in both states, and the interest or discount thereon and any profit derived from the disposition thereof shall be exempt from personal income taxes in both states.

      Added 1975, No. 130 (Adj. Sess.), § 7.

    History

    Reference in text. In 16 V.S.A. chapter 123, referred to in Paragraph. G., sections 3441-3446, 3448b-3448d, 3449-3453, 3455, 3457-3467, 3469-3476, 3480-3481, 3486, and 3491-3499 are repealed. Section 3487 has been redesignated as § 4014 of this title.

    § 798. Taking Over of Existing Property - Article VIII.

    1. Power to acquire property of member district.  The articles of agreement, or an amendment thereof, may provide for the acquisition by an interstate district from a member district of all or a part of its existing plant and equipment.
    2. Valuation.  The articles of agreement, or the amendment, shall provide for the determination of the value of the property to be acquired in one or more of the following ways:
    3. Reimbursement to member district.  The articles of agreement shall specify the method by which the member district shall be reimbursed by the interstate district for the property taken over, in one or more of the following ways:

      a. By one lump sum, appropriated, allocated, and raised by the interstate district in the same manner as an appropriation for operating expenses.

      b. In installments over a period of not more than twenty years, each of which is appropriated, allocated, and raised by the interstate district in the same manner as an appropriation for operating expenses.

    1. A valuation set forth in the articles of agreement or the amendment.
    2. By appraisal, in which case, one appraiser shall be appointed by each commissioner, and a third appraiser appointed by the first two appraisers.
    3. By an agreement to assume or reimburse the member district for all principal and interest on any outstanding indebtedness originally incurred by the member district to finance the acquisition and improvement of the property, each such installment to be appropriated, allocated, and raised by the interstate district in the same manner as an appropriation for operating expenses.

      The member district transferring the property shall have the same obligation to pay to the interstate district its share of the cost of such acquisition, but may offset its right to reimbursement.

      Added 1975, No. 130 (Adj. Sess.), § 8.

    § 799. Amendments to Articles of Agreement - Article IX.

    1. Amendments to the articles of agreement may be adopted in the same manner provided for the adoption of the original articles of agreement, except that:
    1. Unless the amendment calls for the addition of a new member district, the functions of the planning committee shall be carried out by the interstate district board of directors.
    2. If the amendment proposes the addition of a new member district, the planning committee shall consist of all of the members of the interstate board and all of the members of the school board of the proposed new member district or districts.  In such case the amendment shall be submitted to the voters at an interstate district meeting, at which an affirmative vote of two-thirds of those present and voting shall be required.  The articles of agreement together with the proposed amendment shall be submitted to the voters of the proposed new member district at a meeting thereof, at which a simple majority of those present and voting shall be required.
    3. In all cases an amendment may be adopted on the part of an interstate district upon the affirmative vote of voters thereof at a meeting voting as one body.  Except where the amendment proposes the admission of a new member district, a simple majority of those present and voting shall be required for adoption.
    4. No amendment to the articles of agreement may impair the rights of bond or note holders or the power of the interstate district to procure the means for their payment.

      Added 1975, No. 130 (Adj. Sess.), § 9.

    § 800. Applicability of New York Laws - Article X.

    1. General school laws.  With respect to the operation and maintenance of any school of the district located in New York, the provisions of New York law shall apply except as otherwise provided in this compact and except that the powers and duties of the school board shall be exercised and discharged by the interstate board and the powers and duties of the union superintendent shall be exercised and discharged by the interstate district superintendent.
    2. New York state aid.  A New York school district shall be entitled to receive an amount of state aid for operating expenditures as though its share of the interstate district's expenses were the expenses of the New York member district, and as though the New York member district pupils attending the interstate school were attending a New York cooperative school district's school. The state aid shall be paid to the New York member school district to reduce the sums which would otherwise be required to be raised by taxation within the member district.
    3. Continued existence of the New York member school district.  A New York member school district shall continue in existence, and shall have all of the powers and be subject to all of the obligations imposed by law and not herein delegated to the interstate district.  If the interstate district incorporates only a part of the schools in the member school district, then the school board of the member school district shall continue in existence and it shall have all of the powers and be subject to all of the obligations imposed by law on it and not herein delegated to the district.  However, if all of the schools in the member school district are incorporated into the interstate school district, then the member or members of the interstate board representing the member district shall have all of the powers and be subject to all of the obligations imposed by law on the members of a school board for the member district and not herein delegated to the interstate district.  The New York member school district shall remain liable on its existing indebtedness; and the interstate school district shall not become liable therefor, unless the indebtedness is specifically assumed in accordance with the articles of agreement.  Any trust funds or capital reserve funds and any property not taken over by the interstate district shall be retained by the New York member district and held or disposed of according to law.  If all of the schools in a member district are incorporated into an interstate district, then no annual meeting of the member district shall be required unless the members of the interstate board from the member district shall determine that there is occasion for such an annual meeting.
    4. Suit and service of process in New York.  The courts of New York shall have the same jurisdiction over the district as though a New York member district were a party instead of the interstate district.  The service necessary to institute suit in New York shall be made on the district by leaving a copy of the writ or other proceedings in hand or at the last and usual place of abode of one of the directors who reside in New York, and by mailing a like copy to the clerk and to one other director by certified mail with return receipt requested.
    5. Employment.  Each employee of an interstate district assigned to a school located in New York shall be considered an employee of a New York school district for the purpose of the New York Teachers' Retirement System, the New York State Employees' Retirement System, the New York workers' compensation law and any other law relating to the regulation of employment or the provision of benefits for employees of New York school districts except as follows:
      1. A teacher in a New York member district may elect to remain a member of the New York teachers' retirement system, even though assigned to teach in an interstate school in Vermont.
      2. Employees of interstate districts designated as professional or instructional staff members, as defined in article I hereof, may elect to participate in the teachers' retirement system of either the State of New York or the State of Vermont but in no case will they participate in both retirement systems simultaneously.
      3. It shall be the duty of the superintendent in an interstate district to: (a) advise teachers and other professional staff employees contracted for the district about the terms of the contract and the policies and procedure of the retirement systems; (b) see that each teacher or professional staff employee selects the retirement system of his or her choice at the time his or her contract is signed; (c) provide the commissioners of education in New York and in Vermont with the names and other pertinent information regarding each staff member under his or her jurisdiction so that each may be enrolled in the retirement system of his or her preference.

        Added 1975, No. 130 (Adj. Sess.), § 10; amended 1981, No. 165 (Adj. Sess.), § 1.

    History

    Editor's note. Although 1989, No. 118 , § 3, amended each section of this title containing the word "certified" by substituting therefor "licensed", the word "certified" was not changed to "licensed" in this section in view of the context of the reference.

    Amendments--1981 (Adj. Sess.) Paragraph E: Substituted "workers'" for "workmen's" preceding "compensation".

    § 801. Applicability of Vermont Laws - Article XI.

    1. General school laws.  With respect to the operation and maintenance of any school of the district located in Vermont, the provisions of Vermont law shall apply except as otherwise provided in this compact and except that the powers and duties of the school board shall be exercised and discharged by the interstate board and the powers and duties of the union superintendent shall be exercised and discharged by the interstate district superintendent.
    2. Vermont State aid.  A Vermont school district shall be entitled to receive such amount of State aid for operating expenditures as though its share of the interstate district's expenses were the expenses of the Vermont member district, and as though the Vermont member district pupils attending the interstate schools were attending a Vermont union school district's schools.  Such State aid shall be paid to the Vermont member school district to reduce the sums which would otherwise be required to be raised by taxation within the member district.
    3. Continued existence of Vermont member school district.  A Vermont member school district shall continue in existence, and shall have all the powers and be subject to all of the obligations imposed by law and not herein delegated to the interstate district.  If the interstate district incorporates only a part of the schools in the member school district, then the school board of the member school district shall continue in existence and it shall have all of the powers and be subject to all of the obligations imposed by law on it and not herein delegated to the district.  However, if all of the schools in the member school district are incorporated into the interstate school district, then the member or members of the interstate board representing the member district shall have all of the powers and be subject to all of the obligations imposed by law on the members of a school board for the member district and not herein delegated to the interstate district.  The Vermont member school district shall remain liable on its existing indebtedness; and the interstate school district shall not become liable therefor.  Any trust funds and any property not taken over shall be retained by the Vermont member school district and held or disposed of according to law.
    4. Suit and service of process in Vermont.  The courts of Vermont shall have the same jurisdiction over the districts as though a Vermont member district were a party instead of the interstate district.  The service necessary to institute suit in Vermont shall be made on the district by leaving a copy of the writ or other proceedings in hand or at the last and usual place of abode of one of the directors who resides in Vermont, and by mailing a like copy to the clerk and to one other director by certified mail with return receipt requested.
    5. Employment.  Each employee of an interstate district assigned to a school located in Vermont shall be considered an employee of a Vermont school district for the purpose of the State Teachers' Retirement System of Vermont, the State Employees' Retirement System, the Vermont workers' compensation law, and any other law relating to the regulation of employment or the provision of benefits for employees of Vermont school districts except as follows:
      1. A teacher in a Vermont member district may elect to remain a member of the State Teachers' Retirement System of Vermont, even though assigned to teach in an interstate school in New York.
      2. Employees of interstate districts designated as professional or instructional staff members, as defined in article I hereof, may elect to participate in the teachers' retirement system of either the State of Vermont or the State of New York but in no case will they participate in both retirement systems simultaneously.
      3. It shall be the duty of the superintendent in an interstate district to: (a) advise teachers and other professional staff employees contracted for the district about the terms of the contract and the policies and procedures of the retirement system; (b) see that each teacher or professional staff employee selects the retirement system of his choice at the time his contract is signed; (c) provide the commissioners of education in New York and in Vermont with the names and other pertinent information regarding each staff member under his jurisdiction so that each may be enrolled in the retirement system of his preference.

        Added 1975, No. 130 (Adj. Sess.), § 11; amended 1981, No. 165 (Adj. Sess.), § 1.

    History

    Editor's note. Although 1989, No. 118 , § 3, amended each section of this title containing the word "certified" by substituting therefor "licensed", the word "certified" was not changed to "licensed" in this section in view of the context of the reference.

    Amendments--1981 (Adj. Sess.) Paragraph E: Substituted "workers'" for "workmen's" preceding "compensation".

    § 802. Miscellaneous Provisions - Article XII.

    1. Studies.  Insofar as practicable, the studies required by the laws of both states shall be offered in an interstate school district.
    2. Textbooks.  Textbooks and scholar's supplies shall be provided at the expense of the interstate district for pupils attending its schools.
    3. Transportation.  The allocation of the cost of transportation in an interstate school district, as between the interstate district and the member districts, shall be determined by the articles of agreement.
    4. Location of schoolhouses.  In any case where a new schoolhouse or other school facility is to be constructed or acquired, the interstate board shall first determine whether it shall be located in New York or in Vermont. If it is to be located in New York, Education Law §§ 401-409, relating to schoolhouses, shall apply.  If it is to be located in Vermont, the Vermont law relating to schoolhouses shall apply.
    5. Fiscal year.  The fiscal year of each interstate district shall begin on July first of each year and end on June thirtieth of the following year.
    6. Immunity from tort liability.  Notwithstanding the fact that an interstate district may derive income from operating profit, fees, rentals, and other services, it shall be immune from suit and from liability for injury to persons or property and for other torts caused by it or its agents, servants or independent contractors except insofar as it may have undertaken such liability under Workers' Compensation Law § 3 relating to workers' compensation, or Education Law § 3023 relating to the procurement of liability insurance by a governmental agency and except insofar as it may have undertaken such liability under 21 V.S.A. § 621 relating to workers' compensation or 29 V.S.A. § 1403 relating to the procurement of liability insurance by a governmental agency.
    7. Administrative agreement between commissioners of education.  The commissioners of education of New York and Vermont may enter into one or more administrative agreements prescribing the relationship between the interstate districts, member districts, and each of the two state departments of education, in which any conflicts between the two states in procedure, regulations, and administrative practices may be resolved.
    8. Amendments.  Neither state shall amend its legislation or any agreement authorized thereby without the consent of the other in such manner as to substantially adversely affect the rights of the other state or its people hereunder, or as to substantially impair the rights of the holders of any bonds or notes or other evidences of indebtedness then outstanding or the rights of an interstate school district to procure the means for payment thereof.  Subject to the foregoing, any reference herein to other statutes of either state shall refer to such statute as it may be amended or revised from time to time.
    9. Separability.  If any of the provisions of this compact, or legislation enabling the same, shall be held invalid or unconstitutional in relation to any of the applications thereof, such invalidity or unconstitutionality shall not affect other applications thereof or other provisions thereof; and to this end the provisions of this compact are declared to be severable.
    10. Inconsistency of language.  The validity of this compact shall not be affected by any insubstantial differences in its form or language as adopted by the two states.

      Added 1975, No. 130 (Adj. Sess.), § 12; amended 1981, No. 165 (Adj. Sess.), § 1.

    History

    Revision note. Paragraph F: Substituted "Workers' Compensation Law § 3" for "Workmen's Compensation Law § 3" to conform reference to current designation of New York Laws.

    Amendments--1981 (Adj. Sess.) Paragraph F: Substituted "workers'" for "workmen's" preceding "compensation" in two places.

    § 803. Effective Date - Article XIII.

    This compact shall become effective when passed by the Vermont General Assembly, signed by the Governor and approved by the United States Congress.

    Added 1975, No. 130 (Adj. Sess.), § 13.

    CHAPTER 19. INTERSTATE COMPACT ON EDUCATIONAL OPPORTUNITY FOR MILITARY CHILDREN

    Sec.

    § 806. Purpose - Article I.

    It is the purpose of this compact to remove barriers to educational success imposed on children of military families because of frequent moves and deployment of their parents by:

    1. Facilitating the timely enrollment of children of military families and ensuring that they are not placed at a disadvantage due to difficulty in the transfer of education records from the previous school district or variations in entrance or age requirements.
    2. Facilitating the student placement process through which children of military families are not disadvantaged by variations in attendance requirements, scheduling, sequencing, grading, course content, or assessment.
    3. Facilitating the qualification and eligibility for enrollment, educational programs, and participation in extracurricular academic, athletic, and social activities.
    4. Facilitating the on-time graduation of children of military families.
    5. Providing for the promulgation and enforcement of administrative rules implementing the provisions of this compact.
    6. Providing for the uniform collection and sharing of information between and among member states, schools, and military families under this compact.
    7. Promoting coordination between this compact and other compacts affecting military children.
    8. Promoting flexibility and cooperation between the educational system, parents, and the student in order to achieve educational success for the student.

      Added 2011, No. 43 , § 1.

    § 806a. Definitions - Article II.

    As used in this compact, unless the context clearly requires a different construction:

    1. "Active duty" means: full-time duty status in the active uniformed service of the United States, including members of the National Guard and Reserve on active duty orders pursuant to 10 U.S.C. Chapter 1209 and 1211.
    2. "Children of military families" means: a school-aged child or children, enrolled in Kindergarten through Twelfth (12th) grade, in the household of an active duty member.
    3. "Compact commissioner" means: the voting representative of each compacting state appointed pursuant to Article VIII of this compact.
    4. "Deployment" means: the period one (1) month prior to the service members' departure from their home station on military orders though six (6) months after return to their home station.
    5. "Education(al) records" means: those official records, files, and data directly related to a student and maintained by the school or local education agency, including but not limited to records encompassing all the material kept in the student's cumulative folder such as general identifying data, records of attendance and of academic work completed, records of achievement and results of evaluative tests, health data, disciplinary status, test protocols, and individualized education programs.
    6. "Extracurricular activities" means: a voluntary activity sponsored by the school or local education agency or an organization sanctioned by the local education agency. Extracurricular activities include, but are not limited to, preparation for and involvement in public performances, contests, athletic competitions, demonstrations, displays, and club activities.
    7. "Interstate Commission on Educational Opportunity for Military Children" means: the commission that is created under Article IX of this compact, which is generally referred to as Interstate Commission.
    8. "Local education agency" means: a public authority legally constituted by the state as an administrative agency to provide control of and direction for Kindergarten through Twelfth (12th) grade public educational institutions.
    9. "Member state" means: a state that has enacted this compact.
    10. "Military installation" means: a base, camp, post, station, yard, center, homeport facility for any ship, or other activity under the jurisdiction of the Department of Defense, including any leased facility, which is located within any of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, the Northern Marianas Islands, and any other U.S. Territory. Such term does not include any facility used primarily for civil works, rivers and harbors projects, or flood control projects.
    11. "Nonmember state" means: a state that has not enacted this compact.
    12. "Receiving state" means: the state to which a child of a military family is sent, brought, or caused to be sent or brought.
    13. "Rule" means: a written statement by the Interstate Commission promulgated pursuant to Article XII of this compact that is of general applicability, implements, interprets, or prescribes a policy or provision of the compact, or an organizational, procedural, or practice requirement of the Interstate Commission, and has the force and effect of a rule promulgated under the Vermont Administrative Procedure Act as found in 3 V.S.A. chapter 25, and includes the amendment, repeal, or suspension of an existing rule.
    14. "Sending state" means: the state from which a child of a military family is sent, brought, or caused to be sent or brought.
    15. "State" means: a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, the Northern Marianas Islands, and any other U.S. Territory.
    16. "Student" means: the child of a military family for whom the local education agency receives public funding and who is formally enrolled in Kindergarten through Twelfth (12th) grade.
    17. "Transition" means: 1) the formal and physical process of transferring from school to school or 2) the period of time in which a student moves from one school in the sending state to another school in the receiving state.
    18. "Uniformed service" means: the Army, Navy, Air Force, Marine Corps, Coast Guard as well as the Commissioned Corps of the National Oceanic and Atmospheric Administration, and Public Health Services.
    19. "Veteran" means: a person who served in the uniformed services and who was discharged or released therefrom under conditions other than dishonorable.

      Added 2011, No. 43 , § 1.

    § 806b. Applicability - Article III.

    1. Except as otherwise provided in Section B, this compact shall apply to the children of:
      1. active duty members of the uniformed services as defined in this compact, including members of the National Guard and Reserve on active duty orders pursuant to 10 U.S.C. Chapter 1209 and 1211;
      2. members or veterans of the uniformed services who are severely injured and medically discharged or retired for a period of one (1) year after medical discharge or retirement; and
      3. members of the uniformed services who die on active duty or as a result of injuries sustained on active duty for a period of one (1) year after death.
    2. The provisions of this interstate compact shall only apply to local education agencies as defined in this compact.
    3. The provisions of this compact shall not apply to the children of:
      1. inactive members of the national guard and military reserves;
      2. members of the uniformed services now retired, except as provided in Section A;
      3. veterans of the uniformed services, except as provided in Section A; and
      4. other U.S. Dept. of Defense personnel and other federal agency civilian and contract employees not defined as active duty members of the uniformed services.

        Added 2011, No. 43 , § 1.

    § 806c. Educational records and enrollment - Article IV.

    1. Unofficial or "hand-carried" education records  - .  In the event that official education records cannot be released to the parents for the purpose of transfer, the custodian of the records in the sending state shall prepare and furnish to the parent a complete set of unofficial educational records containing uniform information as determined by the Interstate Commission. Upon receipt of the unofficial education records by a school in the receiving state, the school shall enroll and appropriately place the student based on the information provided in the unofficial records pending validation by the official records, as quickly as possible.
    2. Official education records and transcripts  - .  Simultaneous with the enrollment and conditional placement of the student, the school in the receiving state shall request the student's official education record from the school in the sending state. Upon receipt of this request, the school in the sending state will process and furnish the official education records to the school in the receiving state within ten (10) days or within such time as is reasonably determined under the rules promulgated by the Interstate Commission.
    3. Immunizations  - .  Compacting states shall give thirty (30) days from the date of enrollment or within such time as is reasonably determined under the rules promulgated by the Interstate Commission, for students to obtain any immunizations required by the receiving state. For a series of immunizations, initial vaccinations must be obtained within thirty (30) days or within such time as is reasonably determined under the rules promulgated by the Interstate Commission.
    4. Kindergarten and first grade entrance age  - .  Students shall be allowed to continue their enrollment at grade level in the receiving state commensurate with their grade level (including Kindergarten) from a local education agency in the sending state at the time of transition, regardless of age. A student that has satisfactorily completed the prerequisite grade level in the local education agency in the sending state shall be eligible for enrollment in the next highest grade level in the receiving state, regardless of age. A student transferring after the start of the school year in the receiving state shall enter the school in the receiving state on their validated level from an accredited school in the sending state.

      Added 2011, No. 43 , § 1.

    § 806d. Placement and attendance - Article V.

    1. Course placement  - .  When the student transfers before or during the school year, the receiving state school shall initially honor placement of the student in educational courses based on the student's enrollment in the sending state school or educational assessments conducted at the school in the sending state if the courses are offered or both. Course placement includes but is not limited to Honors, International Baccalaureate, Advanced Placement, vocational, technical, and career pathways courses. Continuing the student's academic program from the previous school and promoting placement in academically and career challenging courses should be paramount when considering placement. This does not preclude the school in the receiving state from performing subsequent evaluations to ensure appropriate placement and continued enrollment of the student in the courses.
    2. Educational program placement  - .  The receiving state school shall initially honor placement of the student in educational programs based on current educational assessments conducted at the school in the sending state or participation or placement in like programs in the sending state. Such programs include, but are not limited to: 1) gifted and talented programs; and 2) English as a second language (ESL). This does not preclude the school in the receiving state from performing subsequent evaluations to ensure appropriate placement of the student.
    3. Special education services  - .  1) In compliance with the federal requirements of the Individuals with Disabilities Education Act (IDEA), 20 U.S.C.A. Section 1400 et seq., the receiving state shall initially provide comparable services to a student with disabilities based on his or her current Individualized Education Program (IEP); and 2) in compliance with the requirements of Section 504 of the Rehabilitation Act, 29 U.S.C.A. Section 794, and with Title II of the Americans with Disabilities Act, 42 U.S.C.A. Sections 12131-12165, the receiving state shall make reasonable accommodations and modifications to address the needs of incoming students with disabilities, subject to an existing 504 or Title II Plan, to provide the student with equal access to education. This does not preclude the school in the receiving state from performing subsequent evaluations to ensure appropriate placement of the student.
    4. Placement flexibility  - .  Local education agency administrative officials shall have flexibility in waiving course and program prerequisites, or other preconditions for placement in courses and programs offered under the jurisdiction of the local education agency.
    5. Absence as related to deployment activities  - .  A student whose parent or legal guardian is an active duty member of the uniformed services, as defined by the compact, and has been called to duty for, is on leave from, or immediately returned from deployment to a combat zone or combat support posting, shall be granted additional excused absences at the discretion of the local education agency superintendent to visit with his or her parent or legal guardian relative to such leave or deployment of the parent or guardian.

      Added 2011, No. 43 , § 1.

    § 806e. Eligibility - Article VI.

    1. Eligibility for enrollment.
      1. Special power of attorney, relative to the guardianship of a child of a military family and executed under applicable law shall be sufficient for the purposes of enrollment and all other actions requiring parental participation and consent.
      2. A local education agency shall be prohibited from charging local tuition to a transitioning military child placed in the care of a noncustodial parent or other person standing in loco parentis who lives in a jurisdiction other than that of the custodial parent.
      3. A transitioning military child, placed in the care of a noncustodial parent or other person standing in loco parentis who lives in a jurisdiction other than that of the custodial parent, may continue to attend the school in which he or she was enrolled while residing with the custodial parent.
    2. Eligibility for extracurricular participation  - .  State and local education agencies shall facilitate the opportunity for transitioning military children's inclusion in extracurricular activities, regardless of application deadlines, to the extent they are otherwise qualified.

      Added 2011, No. 43 , § 1.

    § 806f. Graduation - Article VII.

    In order to facilitate the on-time graduation of children of military families, states and local education agencies shall incorporate the following procedures:

    1. Waiver requirements  - .  Local education agency administrative officials shall waive specific courses required for graduation if similar course work has been satisfactorily completed in another local education agency or shall provide reasonable justification for denial. Should a waiver not be granted to a student who would qualify to graduate from the sending school, the local education agency shall provide an alternative means of acquiring required coursework so that graduation may occur on time.
    2. Exit exams  - .  States shall accept: 1) exit or end-of-course exams required for graduation from the sending state; or 2) national norm-referenced achievement tests; or 3) alternative testing, in lieu of testing requirements for graduation in the receiving state. In the event the above alternatives cannot be accommodated by the receiving state for a student transferring in his or her senior year, then the provisions of Article VII, Section C shall apply.
    3. Transfers during senior year  - .  Should a military student transferring at the beginning or during his or her senior year be ineligible to graduate from the receiving local education agency after all alternatives have been considered, the sending and receiving local education agencies shall ensure the receipt of a diploma from the sending local education agency, if the student meets the graduation requirements of the sending local education agency. In the event that one of the states in question is not a member of this compact, the member state shall use best efforts to facilitate the on-time graduation of the student in accordance with Sections A and B of this Article.

      Added 2011, No. 43 , § 1.

    § 806g. State coordination - Article VIII.

    1. Each member state shall, through the creation of a State Council or use of an existing body or board, provide for the coordination among its agencies of government, local education agencies, and military installations concerning the state's participation in, and compliance with, this compact and Interstate Commission activities. While each member state may determine the membership of its own State Council, its membership must include at least: the state superintendent of education, superintendent of a school district with a high concentration of military children, representative from a military installation, one representative each from the legislative and executive branches of government, and other offices and stakeholder groups the State Council deems appropriate. A member state that does not have a school district deemed to contain a high concentration of military children may appoint a superintendent from another school district to represent local education agencies on the State Council.
    2. The State Council of each member state shall appoint or designate a military family education liaison to assist military families and the state in facilitating the implementation of this compact.
    3. The compact commissioner responsible for the administration and management of the state's participation in the compact shall be appointed by the Governor or as otherwise determined by each member state.
    4. The compact commissioner and the military family education liaison designated herein shall be ex-officio members of the State Council, unless either is already a full voting member of the State Council.

      Added 2011, No. 43 , § 1.

    § 806h. Interstate commission on educational opportunity for military children - Article IX.

    The member states hereby create the "Interstate Commission on Educational Opportunity for Military Children." The activities of the Interstate Commission are the formation of public policy and are a discretionary state function. The Interstate Commission shall:

    1. Be a body corporate and joint agency of the member states and shall have all the responsibilities, powers, and duties set forth herein, and such additional powers as may be conferred upon it by a subsequent concurrent action of the respective legislatures of the member states in accordance with the terms of this compact.
    2. Consist of one Interstate Commission voting representative from each member state who shall be that state's compact commissioner.
      1. Each member state represented at a meeting of the Interstate Commission is entitled to one vote.
      2. A majority of the total member states shall constitute a quorum for the transaction of business, unless a larger quorum is required by the bylaws of the Interstate Commission.
      3. A representative shall not delegate a vote to another member state. In the event the compact commissioner is unable to attend a meeting of the Interstate Commission, the Governor or State Council may delegate voting authority to another person from their state for a specified meeting.
      4. The bylaws may provide for meetings of the Interstate Commission to be conducted by telecommunication or electronic communication.
    3. Consist of ex-officio, nonvoting representatives who are members of interested organizations. Such ex-officio members, as defined in the bylaws, may include but not be limited to, members of the representative organizations of military family advocates, local education agency officials, parent and teacher groups, the U.S. Department of Defense, the Education Commission of the States, the Interstate Agreement on the Qualification of Educational Personnel, and other interstate compacts affecting the education of children of military members.
    4. Meet at least once each calendar year. The chairperson may call additional meetings and, upon the request of a simple majority of the member states, shall call additional meetings.
    5. Establish an executive committee, whose members shall include the officers of the Interstate Commission and such other members of the Interstate Commission as determined by the bylaws. Members of the executive committee shall serve a one-year term. Members of the executive committee shall be entitled to one vote each. The executive committee shall have the power to act on behalf of the Interstate Commission, with the exception of rulemaking, during periods when the Interstate Commission is not in session. The executive committee shall oversee the day-to-day activities of the administration of the compact, including enforcement and compliance with the provisions of the compact, its bylaws and rules, and other such duties as deemed necessary. The U.S. Dept. of Defense shall serve as an ex-officio, nonvoting member of the executive committee.
    6. Establish bylaws and rules that provide for conditions and procedures under which the Interstate Commission shall make its information and official records available to the public for inspection or copying. The Interstate Commission may exempt from disclosure information or official records to the extent they would adversely affect personal privacy rights or proprietary interests.
    7. Give public notice of all meetings and all meetings shall be open to the public, except as set forth in the rules or as otherwise provided in the compact. The Interstate Commission and its committees may close a meeting, or portion thereof, where it determines by two-thirds' vote that an open meeting would be likely to:
      1. Relate solely to the Interstate Commission's internal personnel practices and procedures;
      2. Disclose matters specifically exempted from disclosure by federal and state statute;
      3. Disclose trade secrets or commercial or financial information which is privileged or confidential;
      4. Involve accusing a person of a crime, or formally censuring a person;
      5. Disclose information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy;
      6. Disclose investigative records compiled for law enforcement purposes; or
      7. Specifically relate to the Interstate Commission's participation in a civil action or other legal proceeding.
    8. Cause its legal counsel or designee to certify that a meeting may be closed and shall reference each relevant exemptible provision for any meeting, or portion of a meeting, which is closed pursuant to this provision. The Interstate Commission shall keep minutes which shall fully and clearly describe all matters discussed in a meeting and shall provide a full and accurate summary of actions taken, and the reasons therefor, including a description of the views expressed and the record of a roll call vote. All documents considered in connection with an action shall be identified in such minutes. All minutes and documents of a closed meeting shall remain under seal, subject to release by a majority vote of the Interstate Commission.
    9. Collect standardized data concerning the educational transition of the children of military families under this compact as directed through its rules which shall specify the data to be collected, the means of collection and data exchange and reporting requirements. Such methods of data collection, exchange, and reporting shall, insofar as is reasonably possible, conform to current technology and coordinate its information functions with the appropriate custodian of records as identified in the bylaws and rules.
    10. Create a process that permits military officials, education officials, and parents to inform the Interstate Commission if and when there are alleged violations of the compact or its rules or when issues subject to the jurisdiction of the compact or its rules are not addressed by the state or local education agency. This section shall not be construed to create a private right of action against the Interstate Commission, any member state, or any local education agency.

      Added 2011, No. 43 , § 1.

    § 806i. Powers and duties of the interstate commission - Article X.

    The Interstate Commission shall have the following powers:

    1. To provide for dispute resolution among member states.
    2. To promulgate rules and take all necessary actions to effect the goals, purposes, and obligations as enumerated in this compact. The rules shall have the force and effect of a rule promulgated under the Vermont Administrative Procedure Act as found in 3 V.S.A. chapter 25 and shall be binding in the compact states to the extent and in the manner provided in this compact.
    3. To issue, upon request of a member state, advisory opinions concerning the meaning or interpretation of the interstate compact, its bylaws, rules, and actions.
    4. To monitor compliance with the compact provisions, the rules promulgated by the Interstate Commission, and the bylaws. Any action to enforce compliance with the compact provisions by the Interstate Commission shall be brought against a member state only.
    5. To establish and maintain offices which shall be located within one or more of the member states.
    6. To purchase and maintain insurance and bonds.
    7. To borrow, accept, hire, or contract for services of personnel.
    8. To establish and appoint committees including but not limited to an executive committee as required by Article IX, Section E, which shall have the power to act on behalf of the Interstate Commission in carrying out its powers and duties hereunder.
    9. To elect or appoint such officers, attorneys, employees, agents, or consultants, and to fix their compensation, define their duties, and determine their qualifications; and to establish the Interstate Commission's personnel policies and programs relating to conflicts of interest, rates of compensation, and qualifications of personnel.
    10. To accept any and all donations and grants of money, equipment, supplies, materials, and services, and to receive, utilize, and dispose of it.
    11. To lease, purchase, accept contributions or donations of, or otherwise to own, hold, improve, or use any property, real, personal, or mixed.
    12. To sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property, real, personal, or mixed.
    13. To establish a budget and make expenditures.
    14. To adopt a seal and bylaws governing the management and operation of the Interstate Commission.
    15. To report annually to the legislatures, governors, judiciary, and state councils of the member states concerning the activities of the Interstate Commission during the preceding year. Such reports shall also include any recommendations that may have been adopted by the Interstate Commission.
    16. To coordinate education, training, and public awareness regarding the compact and its implementation and operation for officials and parents involved in such activity.
    17. To establish uniform standards for the reporting, collecting, and exchanging of data.
    18. To maintain corporate books and records in accordance with the bylaws.
    19. To perform such functions as may be necessary or appropriate to achieve the purposes of this compact.
    20. To provide for the uniform collection and sharing of information between and among member states, schools, and military families under this compact.

      Added 2011, No. 43 , § 1.

    § 806j. Organization and operation of the interstate commission - Article XI.

    1. The Interstate Commission shall, by a majority of the members present and voting, within 12 months after the first Interstate Commission meeting, adopt bylaws to govern its conduct as may be necessary or appropriate to carry out the purposes of the compact, including, but not limited to:
      1. Establishing the fiscal year of the Interstate Commission;
      2. Establishing an executive committee, and such other committees as may be necessary;
      3. Providing for the establishment of committees and for governing any general or specific delegation of authority or function of the Interstate Commission;
      4. Providing reasonable procedures for calling and conducting meetings of the Interstate Commission, and ensuring reasonable notice of each such meeting;
      5. Establishing the titles and responsibilities of the officers and staff of the Interstate Commission;
      6. Providing a mechanism for concluding the operations of the Interstate Commission and the return of surplus funds that may exist upon the termination of the compact after the payment and reserving of all of its debts and obligations; and
      7. Providing "start up" rules for initial administration of the compact.
    2. The Interstate Commission shall, by a majority of the members, elect annually from among its members a chairperson, a vice chairperson, and a treasurer, each of whom shall have such authority and duties as may be specified in the bylaws. The chairperson or, in the chairperson's absence or disability, the vice chairperson, shall preside at all meetings of the Interstate Commission. The officers so elected shall serve without compensation or remuneration from the Interstate Commission; provided that, subject to the availability of budgeted funds, the officers shall be reimbursed for ordinary and necessary costs and expenses incurred by them in the performance of their responsibilities as officers of the Interstate Commission.
    3. Executive Committee, Officers, and Personnel.
      1. The executive committee shall have such authority and duties as may be set forth in the bylaws, including, but not limited to:
        1. Managing the affairs of the Interstate Commission in a manner consistent with the bylaws and purposes of the Interstate Commission;
        2. Overseeing an organizational structure within, and appropriate procedures for the Interstate Commission to provide for the creation of rules, operating procedures, and administrative and technical support functions; and
        3. Planning, implementing, and coordinating communications and activities with other state, federal, and local government organizations in order to advance the goals of the Interstate Commission.
      2. The executive committee may, subject to the approval of the Interstate Commission, appoint or retain an executive director for such period, upon such terms and conditions, and for such compensation, as the Interstate Commission may deem appropriate. The executive director shall serve as secretary to the Interstate Commission, but shall not be a Member of the Interstate Commission. The executive director shall hire and supervise such other persons as may be authorized by the Interstate Commission.
    4. The Interstate Commission's executive director and its employees shall be immune from suit and liability, either personally or in their official capacity, for a claim for damage to or loss of property or personal injury or other civil liability caused or arising out of or relating to an actual or alleged act, error, or omission that occurred, or that such person had a reasonable basis for believing occurred, within the scope of Interstate Commission employment, duties, or responsibilities; provided, that such person shall not be protected from suit or liability for damage, loss, injury, or liability caused by the intentional or willful and wanton misconduct of such person.
      1. The liability of the Interstate Commission's executive director and employees or Interstate Commission representatives, acting within the scope of such person's employment or duties for acts, errors, or omissions occurring within such person's state may not exceed the limits of liability set forth under the Constitution and laws of that state for state officials, employees, and agents. The Interstate Commission is considered to be an instrumentality of the states for the purposes of any such action. Nothing in this subsection shall be construed to protect such person from suit or liability for damage, loss, injury, or liability caused by the intentional or willful and wanton misconduct of such person.
      2. The Interstate Commission shall defend the executive director and its employees and, subject to the approval of the Attorney General or other appropriate legal counsel of the member state represented by an Interstate Commission representative, shall defend such Interstate Commission representative in any civil action seeking to impose liability arising out of an actual or alleged act, error, or omission that occurred within the scope of Interstate Commission employment, duties, or responsibilities, or that the defendant had a reasonable basis for believing occurred within the scope of Interstate Commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from intentional or willful and wanton misconduct on the part of such person.
      3. To the extent not covered by the state involved, member state, or the Interstate Commission, the representatives or employees of the Interstate Commission shall be held harmless in the amount of a settlement or judgment, including attorney's fees and costs, obtained against such persons arising out of an actual or alleged act, error, or omission that occurred within the scope of Interstate Commission employment, duties, or responsibilities, or that such persons had a reasonable basis for believing occurred within the scope of Interstate Commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from intentional or willful and wanton misconduct on the part of such persons.

        Added 2011, No. 43 , § 1.

    § 806k. Rulemaking functions of the interstate commission - Article XII.

    1. Rulemaking Authority  - .  The Interstate Commission shall promulgate reasonable rules in order to effectively and efficiently achieve the purposes of this Compact. Notwithstanding the foregoing, in the event the Interstate Commission exercises its rulemaking authority in a manner that is beyond the scope of the purposes of this Act, or the powers granted hereunder, then such an action by the Interstate Commission shall be invalid and have no force or effect.
    2. Rulemaking Procedure  - .  Rules shall be made pursuant to a rulemaking process that substantially conforms to the "Model State Administrative Procedure Act," of 1981, Uniform Laws Annotated, Vol. 15, p.1 (2000) as amended, as may be appropriate to the operations of the Interstate Commission.
    3. Not later than thirty (30) days after a rule is promulgated, any person may file a petition for judicial review of the rule; provided, that the filing of such a petition shall not stay or otherwise prevent the rule from becoming effective unless the court finds that the petitioner has a substantial likelihood of success. The court shall give deference to the actions of the Interstate Commission consistent with applicable law and shall not find the rule to be unlawful if the rule represents a reasonable exercise of the Interstate Commission's authority.
    4. If a majority of the legislatures of the compacting states rejects a rule by enactment of a statute or resolution in the same manner used to adopt the compact, then such rule shall have no further force and effect in any compacting state.

      Added 2011, No. 43 , § 1.

    § 806l. Oversight, enforcement, and dispute resolution - Article XIII.

    1. Oversight.
      1. Each member state shall enforce this compact to effectuate the compact's purposes and intent. The rules promulgated under this act shall have standing as a rule promulgated under the Vermont Administrative Procedure Act as found in 3 V.S.A. chapter 25.
      2. All courts shall take judicial notice of the compact and the rules in any judicial or administrative proceeding in a member state pertaining to the subject matter of this compact which may affect the powers, responsibilities, or actions of the Interstate Commission.
      3. The Interstate Commission shall be entitled to receive all service of process in any such proceeding, and shall have standing to intervene in the proceeding for all purposes. Failure to provide service of process to the Interstate Commission shall render a judgment or order void as to the Interstate Commission, this compact, or promulgated rules.
    2. Default, Technical Assistance, Suspension, and Termination  - .  If the Interstate Commission determines that a member state has defaulted in the performance of its obligations or responsibilities under this compact, or the bylaws or promulgated rules, the Interstate Commission shall:
      1. Provide written notice to the defaulting state and other member states of the nature of the default, the means of curing the default, and any action taken by the Interstate Commission. The Interstate Commission shall specify the conditions by which the defaulting state must cure its default.
      2. Provide remedial training and specific technical assistance regarding the default.
      3. If the defaulting state fails to cure the default, the defaulting state shall be terminated from the compact upon an affirmative vote of a majority of the member states and all rights, privileges, and benefits conferred by this compact shall be terminated from the effective date of termination. A cure of the default does not relieve the offending state of obligations or liabilities incurred during the period of the default.
      4. Suspension or termination of membership in the compact shall be imposed only after all other means of securing compliance have been exhausted. Notice of intent to suspend or terminate shall be given by the Interstate Commission to the Governor, the majority and minority leaders of the defaulting state's legislature, and each of the member states.
      5. The state which has been suspended or terminated is responsible for all assessments, obligations, and liabilities incurred through the effective date of suspension or termination, not to exceed $100 per year as provided in Article XIV, Section E, of this compact for each year that the State of Vermont is a member of the compact.
      6. The Interstate Commission shall not bear any costs relating to any state that has been found to be in default or which has been suspended or terminated from the compact, unless otherwise mutually agreed upon in writing between the Interstate Commission and the defaulting state.
      7. The defaulting state may appeal the action of the Interstate Commission by petitioning the U.S. District Court for the District of Columbia or the federal district where the Interstate Commission has its principal offices. The prevailing party shall be awarded all costs of such litigation including reasonable attorney's fees.
    3. Dispute Resolution.
      1. The Interstate Commission shall attempt, upon the request of a member state, to resolve disputes which are subject to the compact and which may arise among member states and between member and non-member states.
      2. The Interstate Commission shall promulgate a rule providing for both mediation and binding dispute resolution for disputes as appropriate.

        Added 2011, No. 43 , § 1.

    § 806m. Financing of the interstate commission - Article XIV.

    1. The Interstate Commission shall pay or provide for the payment of the reasonable expenses of its establishment, organization, and ongoing activities.
    2. The Interstate Commission may levy on and collect an annual assessment from each member state to cover the cost of the operations and activities of the Interstate Commission and its staff which must be in a total amount sufficient to cover the Interstate Commission's annual budget as approved each year. The aggregate annual assessment amount shall be allocated based upon a formula to be determined by the Interstate Commission, which shall promulgate a rule binding upon all member states.
    3. The Interstate Commission shall not incur obligations of any kind prior to securing the funds adequate to meet the same; nor shall the Interstate Commission pledge the credit of any of the member states, except by and with the authority of the member state.
    4. The Interstate Commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the Interstate Commission shall be subject to the audit and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the Interstate Commission shall be audited yearly by a certified or licensed public accountant, and the report of the audit shall be included in and become part of the annual report of the Interstate Commission.
    5. The Interstate Commission may not assess, levy, or collect from Vermont in its annual assessment more than $2,000.00 per year. Other funding sources may be accepted and used to offset expenses related to the State's participation in the compact.

      Added 2011, No. 43 , § 1; amended 2013, No. 56 , § 20, eff. May 30, 2013.

    History

    Amendments--2013 Paragraph (E): Substituted "$2,000.00" for "$100" following "than".

    Agency of education budget. 2013, No. 56 , § 21 provides: "There shall be no separate or additional General Fund appropriation to the Agency of Education in fiscal year 2014 for purposes of funding the increased assessment to be paid pursuant to Sec. 20 of this act [which amended this section]."

    § 806n. Member states, effective date and amendment - Article XV.

    1. Any state is eligible to become a member state.
    2. The compact shall become effective and binding upon legislative enactment of the compact into law by no less than ten (10) of the states. The effective date shall be no earlier than December 1, 2007. Thereafter it shall become effective and binding as to any other member state upon enactment of the compact into law by that state. The governors of non-member states or their designees shall be invited to participate in the activities of the Interstate Commission on a non-voting basis prior to adoption of the compact by all states.
    3. The Interstate Commission may propose amendments to the compact for enactment by the member states. No amendment shall become effective and binding upon the Interstate Commission and the member states unless and until it is enacted into law by unanimous consent of the member states.

      Added 2011, No. 43 , § 1.

    § 806o. Withdrawal and dissolution - Article XVI.

    1. Withdrawal.
      1. Once effective, the compact shall continue in force and remain binding upon each and every member state; provided that a member state may withdraw immediately from the compact by specifically repealing the statute which enacted the compact into law.
      2. Withdrawal from this compact shall be by the enactment of a statute repealing the same.
      3. The withdrawing state shall immediately notify the chairperson of the Interstate Commission in writing upon the introduction of legislation repealing this compact in the withdrawing state. The Interstate Commission shall notify the other member states of the withdrawing state's intent to withdraw within sixty (60) days of its receipt thereof.
      4. The withdrawing state is responsible for all assessments, obligations, and liabilities incurred through the effective date of withdrawal, not to exceed $100 per year as provided in Article XIV, Section E, of this compact for each year that the State of Vermont is a member of the compact.
      5. Reinstatement following withdrawal of a member state shall occur upon the withdrawing state reenacting the compact or upon such later date as determined by the Interstate Commission.
    2. Dissolution of Compact.
      1. This compact shall dissolve effective upon the date of the withdrawal or default of the member state which reduces the membership in the compact to one (1) member state.
      2. Upon the dissolution of this compact, the compact becomes null and void and shall be of no further force or effect, and the business and affairs of the Interstate Commission shall be concluded and surplus funds shall be distributed in accordance with the bylaws.

        Added 2011, No. 43 , § 1.

    § 806p. Severability and construction - Article XVII.

    1. The provisions of this compact shall be severable, and if any phrase, clause, sentence, or provision is deemed unenforceable, the remaining provisions of the compact shall be enforceable.
    2. The provisions of this compact shall be liberally construed to effectuate its purposes.
    3. Nothing in this compact shall be construed to prohibit the applicability of other interstate compacts to which the states are members.

      Added 2011, No. 43 , § 1.

    § 806q. Binding effect of compact and other laws - Article XVIII.

    1. Other Laws.  Nothing herein prevents the enforcement of any other law of a member state.
    2. Binding Effect of the Compact.
      1. All lawful actions of the Interstate Commission, including all rules and bylaws promulgated by the Interstate Commission, are binding upon the member states.
      2. All agreements between the Interstate Commission and the member states are binding in accordance with their terms.
      3. In the event any provision of this compact exceeds the constitutional limits imposed on the legislature of any member state, such provision shall be ineffective to the extent of the conflict with the constitutional provision in question in that member state.

        Added 2011, No. 43 , § 1.

    PART 2 Public Schools

    CHAPTER 21. MAINTENANCE OF PUBLIC SCHOOLS

    Sec.

    §§ 791-805. Repealed. 1969, No. 298 (Adj. Sess.), § 79.

    History

    Former §§ 791-805. Former § 791, relating to classification of public schools, was derived from 1949, No. 101 § 1.

    Former § 792, relating to establishment of elementary schools, was derived from V.S. 1947, § 4293; P.L. § 4229; 1919, No. 58 ; G.L. § 1232; 1917, No. 254 , § 1195; 1915, No. 64 , §§ 41, 43; 1915, No. 68 ; 1912, No. 80 , § 5; P.S. § 1003; V.S. §§ 683, 822; 1894, Nos. 17, 18; 1892, No. 20 , § 6; 1888, No. 9 , §§ 95, 97, 98, 99; 1886, No. 32 ; 1884, No. 28 ; 1883, Nos. 20, 21; R.L. §§ 558, 560; 1880, No. 98 , § 1; 1876, No. 48 ; G.S. 22, § 19; R.S. 18, § 1; 1827, No. 23 , § 1, R. 1797, p. 493, § 1. The subject matter is now covered by § 821 of this title.

    Former § 793, relating to high schools, secondary instruction, and tuition, was derived from 1955, No. 239 ; 1953, No. 20 , § 2; 1951, No. 90 , § 2; 1949, No. 100 , § 1; 1947, Nos. 38, 66; V.S. 1947, § 4339; P.L. § 4275; 1933, No. 157 , § 4001; 1931, No. 26 ; 1927, No. 31 ; 1921, No. 54 , § 1; G.L. § 1275; 1917, No. 254 , § 1237; 1915, No. 70 , § 1; 1912, No. 62 , § 19; P.S. §§ 1017, 1021; R. 1906, § 934; 1906, No. 50 , § 2; 1906, No. 51 , §§ 1, 2; 1904, No. 37 , §§ 1, 2, 5; 1902, No. 27 , §§ 1, 2, 3, 6, 7; 1900, No. 22 , § 1; V.S. § 687; 1894, No. 19 § 1; 1892, No. 20 , § 7; R.L. §§ 568, 572, 597; 1880, No. 97 , § 1; 1876, No. 42 ; 1869, No. 9 , § 1, and amended by 1961, No. 72 ; 1963, No. 52 ; 1965, No. 146 ; 1967, No. 280 (Adj. Sess.), § 1. The subject matter is now covered by §§ 822, 824, and 825 of this title.

    Former § 794, relating to appeal of tuition decisions and age of pupils, was derived from V.S. 1947, § 4340; P.L. § 4276; 1931, No. 26 ; 1927, No. 31 ; 1921, No. 54 , § 1; G.L. § 1275; 1917, No. 254 , § 1237; 1915, No. 70 , § 1; 1912, No. 62 , § 19; P.S. §§ 1017, 1021; R. 1906, § 934; 1906, No. 50 , § 2; 1906, No. 51 , §§ 1, 2; 1904, No. 37 , §§ 1, 2, 5; 1902, No. 27 , §§ 1, 2, 3, 6, 7; R.L. §§ 568, 572, 597; 1880, No. 97 , § 1; 1876, No. 42 ; 1869, No. 9 , § 1. The subject matter is now covered by § 828 of this title.

    Former § 795, relating to junior high schools, was derived from V.S. 1947, § 4365; P.L. § 4299; G.L. § 1293; 1915, No. 69 , § 2.

    Former § 796, relating to junior-senior high schools, was derived from V.S. 1947, § 4367; 1947, No. 202 , § 4338; P.L. § 4301; G.L. § 1295; 1915, No. 69 , § 5.

    Former § 797, relating to instruction outside district, was derived from V.S. 1947, § 4369; P.L. § 4303; G.L. § 1297; 1917, No. 254 , § 1259; 1915, No. 69 , §§ 3, 6.

    Former § 798, relating to designation of academies to receive secondary pupils, was derived from V.S. 1947, § 4357; P.L. 4292; G.L. § 1286; 1917, No. 254 , § 1248; 1915, No. 69 , § 2; 1912, No. 73 ; 1910, No. 68 , § 6, and amended by 1967, No. 322 (Adj. Sess.). The subject matter is now covered by § 827 of this title.

    Former § 799, relating to payment of tuition to approved schools only, was derived from V.S. 1947 § 4356; P.L. § 4291; G.L. § 1285; 1917, No. 254 , § 1247; 1910, No. 68 , § 3; P.S. § 1020; 1906, No. 51 , § 3. The subject matter is now covered by § 828 of this title.

    Former § 800, relating to pupils eligible for high school tuition, was derived from V.S. 1947, §§ 4349-4351; 1935, No. 89 , §§ 10-12; P.L. §§ 4284-4286; 1931, No. 28 ; G.L. §§ 1282-1284; 1917, No. 254 , §§ 1245, 1246; 1915, No. 69 , §§ 3, 6; 1915, No. 70 , § 4; 1910, No. 68 , §§ 1-3; P.S. §§ 1018, 1020; 1906, No. 51 , §§ 1-3.

    Former § 801, relating to children under care of social welfare department, was derived from 1955, No. 199 , § 1; V.S. 1947, § 4358; 1941, No. 108 , § 1, and amended by 1967, No. 147 , § 24.

    Former § 801a, relating to children under custody of child placing agencies, was derived from 1959, No. 233 , and amended by 1961, No. 115 , § 1.

    Former § 802, relating to State wards at the Weeks School, was derived from V.S. 1947, § 4355; P.L. § 4290; 1927, No. 30 .

    Former § 803, relating to aid to needy children of deceased veterans, was derived from 1957, No. 158 ; 1953, No. 134 ; V.S. 1947, § 4353; 1943, No. 49 , § 2; P.L. § 4288; 1933, No. 157 , § 4014; 1931, No. 29 , §§ 1, 3.

    Former § 804, relating to determination of eligibility for aid under § 803 of this title, was derived from V.S. 1947, § 4354; P.L. 4289; 1933, No. 157 , § 4015; 1931, No. 29 § 2.

    Former § 805, relating to book rent, was derived from V.S. 1947, § 4360; 1935, No. 89 , § 13; P.L. § 4293; G.L. § 1287; 1910, No. 68 , § 7.

    § 821. School district to maintain public elementary schools or pay tuition.

    1. Each school district shall maintain one or more approved schools within the district in which elementary education for its resident students in kindergarten through grade six is provided unless:
      1. the electorate authorizes the school board to provide for the elementary education of the students by paying tuition in accordance with law to one or more public elementary schools in one or more school districts;
      2. the school district is organized to provide only high school education for its students; or
      3. the General Assembly provides otherwise.
    2. [Repealed.]
    3. Notwithstanding subsection (a) of this section, without previous authorization by the electorate, a school board in a district that operates an elementary school may pay tuition for elementary students who reside near a public elementary school in an adjacent district upon request of the student's parent or guardian, if in the board's judgment the student's education can be more conveniently furnished there due to geographic considerations. Within 30 days of the board's decision, a parent or guardian who is dissatisfied with the decision of the board under this subsection may request a determination by the Secretary, who shall have authority to direct the school board to pay all, some, or none of the student's tuition and whose decision shall be final.
    4. Notwithstanding subdivision (a)(1) of this section, the electorate of a school district that does not maintain an elementary school may grant general authority to the school board to pay tuition for an elementary student at an approved independent elementary school or an independent school meeting education quality standards pursuant to sections 823 and 828 of this chapter upon notice given by the student's parent or legal guardian before April 15 for the next academic year.

      Added 1969, No. 298 (Adj. Sess.), § 52; amended 1985, No. 71 , § 4; 1987, No. 141 (Adj. Sess.); 1989, No. 271 (Adj. Sess.), §§ 1, 2; 1991, No. 24 , § 11; 2009, No. 44 , § 13, eff. May 21, 2009; 2011, No. 58 , § 29, eff. May 31, 2011; 2011, No. 129 (Adj. Sess.), § 4, eff. May 11, 2012; 2013, No. 92 (Adj. Sess.), § 95, eff. Feb. 14, 2014; 2015, No. 23 , § 21.

    History

    Amendments--2015. Subsec. (d): Substituted "education quality standards" for "school quality standards".

    Amendments--2013 (Adj. Sess.). Substituted "students" for "pupils" and "student's" for "pupil's" throughout the section; in subsec. (c) substituted "Secretary" for "commissioner".

    Amendments--2011 (Adj. Sess.) Section amended generally.

    Amendments--2011. Subsec. (d): Inserted "or an independent school meeting school quality standards pursuant to sections 823 and 828 of this chapter" following "school" and deleted "provided the board shall pay tuition for the pupil in an amount not to exceed the least of" following "year" and deleted former subdivs. (1)-(3).

    Amendments--2009. Added "one or more" in subdiv. (a)(1); in subdiv. (b)(2), added "approved" after "more" and substituted "or independent schools meeting school quality standards" for "approved by the state board"; in subsec. (c), added "due to geographic considerations" at the end of the first sentence, deleted the second sentence, and added the third sentence; amended generally subsec. (d); and added subdivs. (d)(1) through (d)(3).

    Amendments--1991. Subdiv. (b)(2): Substituted "independent" for "private" preceding "schools approved".

    Amendments--1989 (Adj. Sess.). Subsec. (c): Substituted "a public" for "an" following "reside near", "the board's" for "its" preceding "judgment the" and "pupils" for "child's" thereafter in the first sentence and added the second sentence.

    Subsec. (d): Added.

    Amendments--1987 (Adj. Sess.). Subdiv. (a)(1): Amended generally.

    Subsec. (c): Added.

    Amendments--1985. Designated existing provisions of section as subsec. (a), added the section heading in that subsec., deleted "or" following "there" at the end of the second sentence of subdiv. (a)(1), and added subsec. (b).

    Kindergarten program - Legislative findings and purpose. 1985, No. 71 , § 1, provided:

    "(a) The General Assembly finds that kindergarten is an important part of a child's education, and that children who have had kindergarten experiences generally are at an educational advantage during their later schooling. Most learning materials and curricula for schools presuppose that children have had kindergarten schooling.

    "(b) It is the intention of the General Assembly to require that by July 1, 1988 all Vermont children of suitable age and development will have access to a publicly supported kindergarten. It is the preference of the general assembly that such programs, whenever possible, shall be provided in publicly operated elementary schools. However, the General Assembly recognizes that due to the rural nature of the state, in some cases direct operation of a kindergarten is not practicable. In those cases the General Assembly recognizes that it may be necessary to permit tuition payments to state approved private kindergartens."

    § 821a. Repealed. 1985, No. 71, § 5.

    History

    Former § 821a. Former § 821a, relating to tuition payments by school districts for kindergarten education, was derived from 1983, No. 248 (Adj. Sess.), § 2.

    § 822. School district to maintain public high schools or pay tuition.

    1. 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.
    2. For purposes of this section, a school district that is organized to provide kindergarten through grade 12 and maintains a program of education for only the first eight years of compulsory school attendance shall be obligated to pay tuition for its resident students for at least four additional years.
      1. A school district may both maintain a high school and furnish high school education by paying tuition: (c) (1)  A school district may both maintain a high school and furnish high school education by paying tuition:
        1. to a public school as in the judgment of the school board may best serve the interests of the students; or
        2. 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.
      2. The judgment of the board shall be final in regard to the institution the students may attend at public cost.

        Added 1969, No. 298 (Adj. Sess.), § 53; amended 1977, No. 33 , § 2; 1989, No. 271 (Adj. Sess.), § 3; 1991, No. 24 , § 2; 1997, No. 71 (Adj. Sess.), § 85, eff. March 11, 1998; 2009, No. 44 , § 13, eff. May 21, 2009; 2013, No. 92 (Adj. Sess.), § 96, eff. Feb. 14, 2014; 2015, No. 23 , § 22.

    History

    Amendments--2015. Subdivs. (a)(1) and (c)(1)(B): Substituted "education quality standards" for "school quality standards".

    Amendments--2013 (Adj. Sess.). Section amended generally.

    Amendments--2009. In the second sentence of subdiv. (a)(1), substituted "a public high school, an approved" for "an approved public or" and added "or an independent school meeting school quality standards"; and added "or an independent school meeting school quality standards" in subsec. (c).

    Amendments--1997 (Adj. Sess.). Subsec. (c): Substituted "to a public school" for "elsewhere"; added the language beginning with "or to an approved" to the first sentence; and added "at public cost" following "may attend" at the end of the second sentence.

    Amendments--1991 Subdiv. (a)(1): Substituted "an approved public or independent" for "a" following "paid to" and deleted "public or private, approved by the state board" preceding "to be selected" in the second sentence.

    Amendments--1989 (Adj. Sess.) Subdiv. (a)(1): Added "or" at the end of the second sentence and deleted the third sentence.

    Subsec. (c): Added.

    Amendments--1977 Subsec. (b): Substituted "at least" for "only" preceding "four additional years".

    ANNOTATIONS

    Analysis

    1. Construction with other law .

    Individuals with Disabilities Education Act, 20 U.S.C.S. §§ 1400-1490, applies only to the state and other public agencies, not to private schools in which public agencies may place children pursuant to state statute. St. Johnsbury Academy v. D.H., 240 F.3d 163 (2d Cir. 2001).

    2. Tuition reimbursement.

    School district's tuition-payment policy violated Compelled Support Clause of Vermont Constitution by authorizing tuition reimbursement to sectarian schools, where neither tuition payment statutes nor Board of Education rules imposed any restrictions that prevented use of public money to fund religious education. Chittenden Town School District v. Department of Education, 169 Vt. 310, 738 A.2d 539 (1999).

    Providing educational opportunity for school-age children while offering educational choice between public and private schools is valid secular purpose for tuition reimbursement scheme. Campbell v. Manchester Bd. of Sch. Dirs., 161 Vt. 441, 641 A.2d 352 (1994).

    Tuition reimbursement scheme does not foster excessive government entanglement with religion, where aid flowing to religious school is result of parental choice in selecting the school, and where the school is already approved to select students for reimbursement, thereby involving no greater government regulation or involvement. Campbell v. Manchester Bd. of Sch. Dirs., 161 Vt. 441, 641 A.2d 352 (1994).

    Primary effect of tuition reimbursement scheme to private school does not advance religion where: scheme covers all students whether or not they attend public or private school; there is no indication that aid to sectarian education is either purpose or main effect of scheme; and any aid flowing to religious schools resulting from reimbursement scheme derives from parent's choice rather than government involvement. Campbell v. Manchester Bd. of Sch. Dirs., 161 Vt. 441, 641 A.2d 352 (1994).

    § 822a. Public high school choice.

    1. Definitions.  In this section:
      1. "High school" means a public school or that portion of a public school that offers grades 9 through 12 or some subset of those grades.
      2. "Student" means a student's parent or guardian if the student is a minor or under guardianship and means a student himself or herself if the student is not a minor.
    2. Limits on transferring students.  A sending high school board may limit the number of resident students who transfer to another high school under this section in each year; provided that in no case shall it limit the potential number of new transferring students to fewer than five percent of the resident students enrolled in the sending high school as of October 1 of the academic year in which the calculation is made or 10 students, whichever is fewer; and further provided that in no case shall the total number of transferring students in any year exceed 10 percent of all resident high school students or 40 students, whichever is fewer.
    3. Capacity.  On or before February 1 each year, the board of a high school district shall define and announce its capacity to accept students under this section. The Secretary shall develop, review, and update guidelines to assist high school district boards to define capacity limits. Guidelines may include limits based on the capacity of the program, class, grade, school building, measurable adverse financial impact, or other factors, but shall not be based on the need to provide special education services.
    4. Lottery.
      1. Subject to the provisions of subsection (f) of this section, if more than the allowable number of students wish to transfer to a school under this section, then the board of the receiving high school district shall devise a nondiscriminatory lottery system for determining which students may transfer.
      2. Subject to the provisions of subsection (f) of this section, if more than the allowable number of students wish to transfer from a school under this section, then the board of the sending high school district shall devise a nondiscriminatory lottery system for determining which students may transfer; provided, however:
        1. a board shall give preference to the transfer request of a student whose request to transfer from the school was denied in a prior year; and
        2. a board that has established limits under subsection (b) of this section may choose to waive those limits in any year.
    5. Application and notification.
      1. A high school district shall accept applications for enrollment until March 1 of the school year preceding the school year for which the student is applying.
      2. A high school district shall notify each student of acceptance or rejection of the application by April 1 of the school year preceding the school year for which the student is applying.
      3. An accepted student shall notify both the sending and the receiving high schools of his or her decision to enroll or not to enroll in the receiving high school by April 15 of the school year preceding the school year for which the student has applied.
      4. After sending notification of enrollment, a student may enroll in a school other than the receiving high school only if the student, the receiving high school, and the high school in which the student wishes to enroll agree. If the student becomes a resident of a different school district, the student may enroll in the high school maintained by the new district of residence.
      5. If a student who is enrolled in a high school other than in the school district of residence notifies the school district of residence by July 15 of the intent to return to that school for the following school year, the student shall be permitted to return to the high school in the school district of residence without requiring agreement of the receiving district or the sending district.
    6. Enrollment.
      1. An enrolled nonresident student shall be permitted to remain enrolled in the receiving high school without renewed applications in subsequent years unless:
        1. the student graduates;
        2. the student is no longer a Vermont resident; or
        3. the student is expelled from school in accordance with adopted school policy.
      2. A career technical education (CTE) center serving the region in which a receiving high school district is located shall be the CTE center in which a nonresident student under this section is eligible to enroll. The nonresident student shall be eligible to use any transportation the district provides for resident students attending the CTE center.
    7. Tuition and other costs.
      1. Unless the sending and receiving schools agree to a different arrangement, no tuition or other cost shall be charged by the receiving district or paid by the sending district for a student transferring to a different high school under this section; provided, however, a sending high school district shall pay special education and career technical education costs for resident students pursuant to the provisions of this title.
      2. A student transferring to a different high school under this section shall pay no tuition, fee, or other cost that is not also paid by students residing in the receiving district.
      3. A district of residence shall include within its average daily membership any student who transfers to another high school under this section; a receiving school district shall not include any student who transfers to it under this section.
    8. Special education.  If a student who is eligible for and receiving special education services chooses to enroll in a high school other than in the high school district of residence, then the receiving high school shall carry out the individualized education program, including placement, developed by the sending high school district. If the receiving high school believes that a student not on an individualized education program may be eligible for special education services or that an existing individualized education program should be altered, it shall notify the sending high school district. When a sending high school district considers eligibility, development of an individualized education program, or changes to a program, it shall give notice of meetings to the receiving high school district and provide an opportunity for representatives of that district to attend the meetings and participate in making decisions.
    9. Suspension and expulsion.  A sending high school district is not required to provide services to a resident student during a period of suspension or expulsion imposed by another high school district.
    10. Transportation.  Jointly, the superintendent of each supervisory union shall establish and update a statewide clearinghouse providing information to students about transportation options among the high school districts.
    11. Nonapplicability of other laws.  The provisions of subsections 824(b) and (c) (amount of tuition), 825(b) and (c) (maximum tuition rate), and 826(a) (notice of tuition change) and section 836 (tuition overcharge and undercharge) of this chapter shall not apply to enrollment in a high school pursuant to this section.
    12. Waiver.  If a high school board determines that participation under this section would adversely affect students in its high school, then it may petition the Secretary for an exemption. The Secretary's decision shall be final.
    13. Report.  Notwithstanding 2 V.S.A. § 20(d) , the Secretary shall report annually in January to the Senate and House Committees on Education on the implementation of public high school choice as provided in this section, including a quantitative and qualitative evaluation of the program's impact on the quality of educational services available to students and the expansion of educational opportunities.

      Added 2011, No. 129 (Adj. Sess.), § 34; amended 2013, No. 56 , § 4, eff. May 30, 2013; 2013, No. 92 (Adj. Sess.), § 97, eff. Feb. 14, 2014.

    History

    2013 (Adj. Sess.) Inserted "career" preceding "technical education" in subdiv. (g)(1) and substituted "program" for "plan" in subsec. (h) in accordance with 2013, No. 92 (Adj. Sess.), § 302.

    Amendments--2013 (Adj. Sess.). Substituted "Secretary" for "commissioner" throughout the section.

    Amendments--2013 Substituted "Enrollment" for "Continued enrollment" in subsec. (f); redesignated former subsec. (f) as present subdiv. (f)(1) and subdiv. (f)(1) through (f)(3) as (f)(1)(A) through (f)(1)(C); and added subdiv. (f)(2).

    § 823. Elementary tuition.

    1. Tuition for elementary students shall be paid by the district in which the student is a resident. The district shall pay the full tuition charged its students attending a public elementary school. If a payment made to a public elementary school is three percent more or less than the calculated net cost per elementary pupil in the receiving school district for the year of attendance, the district shall be reimbursed, credited, or refunded pursuant to section 836 of this title. Notwithstanding the provisions of this subsection or of subsection 825(b) of this title, the boards of both the receiving and sending districts may enter into tuition agreements with terms differing from the provisions of those subsections, provided that the receiving district must offer identical terms to all sending districts, and further provided that the statutory provisions apply to any sending district that declines the offered terms.
    2. Unless the electorate of a school district authorizes payment of a higher amount at an annual or special meeting warned for the purpose, the tuition paid to an approved independent elementary school or an independent school meeting education quality standards shall not exceed the least of:
      1. the average announced tuition of Vermont union elementary schools for the year of attendance;
      2. the tuition charged by the approved independent school for the year of attendance; or
      3. the average per-pupil tuition the district pays for its other resident elementary students in the year in which the student is enrolled in the approved independent school.

        Added 1969, No. 298 (Adj. Sess.), § 54; amended 1989, No. 271 (Adj. Sess.), § 4; 2003, No. 76 (Adj. Sess.), § 29, eff. Feb. 17, 2004; 2005, No. 54 , § 7; 2007, No. 66 , § 5; 2009, No. 44 , § 13, eff. May 21, 2009; 2011, No. 58 , § 30, eff. May 31, 2011; 2015, No. 23 , § 23.

    History

    2013 (Adj. Sess.) Substituted "student" for "pupil" throughout the section in accordance with 2013, No. 92 (Adj. Sess.), § 302.

    Amendments--2015. Subsec. (b): Substituted "education quality standards" for "school quality standards".

    Amendments--2011. Subsec. (b): Substituted "Unless the electorate of a school district authorizes payment of a higher amount at an annual or special meeting warned for the purpose, the" for "The" preceding "tuition" and "least" for "lesser" preceding "of" and deleted the former last sentence.

    Subdiv. (b)(2): Inserted "approved" preceding "independent" and "for the year of attendance; or" following "school".

    Subdiv. (b)(3): Added.

    Amendments--2009. Added "or an independent school meeting school quality standards" in the first sentence of subsec. (b).

    Amendments--2007. Subsec. (a): Substituted "If" for "However, if" at the beginning of the third sentence and deleted "unless otherwise agreed to by" at the end of that sentence and added the fourth sentence.

    Amendments--2005 Rewrote subsec. (a) and substituted "the independent school" for "the public elementary school attended by the greatest number of the district's pupils" at the end of the first sentence of subsec. (b).

    Amendments--2003 (Adj. Sess.). Added the subsec. designations and in subsec. (b), added the last sentence.

    Amendments--1989 (Adj. Sess.). Inserted "to a public elementary school" following "tuition paid" in the second sentence and added the third sentence.

    Cross References

    Cross references. Tuitioning of certain students in New Hampshire elementary schools, see § 835 of this title.

    § 824. High school tuition.

    1. Tuition for high school students shall be paid by the school district in which the student is a resident.
    2. Except as otherwise provided for technical students, the district shall pay the full tuition charged its students attending a public high school in Vermont or an adjoining state or a public or approved independent school in Vermont functioning as an approved area career technical center, or an independent school meeting education quality standards; provided:
      1. If a payment made to a public high school or an independent school meeting education quality standards is three percent more or less than the calculated net cost per secondary pupil in the receiving school district or independent school for the year of attendance then the district or school shall be reimbursed, credited, or refunded pursuant to section 836 of this title.
      2. Notwithstanding the provisions of this subsection or of subsection 825(b) of this title, the board of the receiving public school district, public or approved independent school functioning as an area career technical center, or independent school meeting education quality standards may enter into tuition agreements with the boards of sending districts that have terms differing from the provisions of those subsections, provided that the receiving district or school must offer identical terms to all sending districts, and further provided that the statutory provisions apply to any sending district that declines the offered terms.
    3. The district shall pay an amount not to exceed the average announced tuition of Vermont union high schools for the year of attendance for its students enrolled in an approved independent school not functioning as a Vermont area career technical center, or any higher amount approved by the electorate at an annual or special meeting warned for that purpose.

      Added 1969, No. 298 (Adj. Sess.), § 55; amended 1971, No. 52 , § 5, eff. April 14, 1971; 1975, No. 27 , § 1, eff. Jan. 1, 1976; 1983, No. 247 (Adj. Sess.), § 3; 1991, No. 24 , § 3; 1991, No. 24 , § 3; 1991, No. 204 (Adj. Sess.), § 7; 1995, No. 34 , § 2; 1997, No. 60 , § 8, eff. June 26, 1997; 1997, No. 71 (Adj. Sess.), § 86, eff. March 11, 1998; 1997, No. 138 (Adj. Sess.), § 21; 2001, No. 8 , § 9; 2005, No. 54 , § 8; 2007, No. 66 , § 6; 2009, No. 44 , § 13, eff. May 21, 2009; 2015, No. 23 , § 24.

    History

    2013 (Adj. Sess.) Substituted "student" for "pupil" and inserted "career" before "technical center" throughout the section in accordance with 2013, No. 92 (Adj. Sess.), § 302.

    Amendments--2015. Subsec. (b): Substituted "education quality standards" for "school quality standards" in three places throughout the subsec.

    Amendments--2009. In subsec. (b): Made minor punctuation changes, added "approved" before "independent" and "provided" at the end; added subdivs. (b)(1) and (b)(2) designations; in subdiv. (b)(1), added "or independent school" after the first reference of "district" and "or school" after the second reference of "district"; amended generally subdiv. (b)(2); and in subsec. (c), substituted "The" for "For students in grades 7-12, the" and deleted "students in grades 7-12 for" after "schools."

    Amendments--2007. Subsec. (b): Substituted "If" for "However, if" at the beginning of the second sentence; deleted "unless otherwise agreed to by" at the end of that sentence; and rewrote the third sentence.

    Subsec. (c): Rewrote the subsec.

    Amendments--2005 Subsec. (b): Deleted "in average daily membership" following "secondary pupil" and made a minor change in punctuation in the second sentence.

    Amendments--2001. Subsec. (b): Substituted "a" for "an approved" preceding "public high school" in two places and "school quality standards" for "public school standards" in two places in the first and second sentences.

    Amendments--1997 (Adj. Sess.). Subsec. (b): Act No. 138 rewrote the second sentence.

    Subsec. (c): Act No. 71 deleted the last sentence.

    Amendments--1997 Subsec. (c): Inserted "for students in grades 7 and 8" in two places in the first sentence, and added the second sentence.

    Amendments--1995 Subsec. (b): Added the second sentence.

    Amendments--1991 (Adj. Sess.) Substituted "technical" for "vocational" wherever it appeared in subsec. (b) and in the first sentence of subsec. (c).

    Amendments--1991 Section amended generally.

    Amendments--1983 (Adj. Sess.). Section amended generally.

    Amendments--1975. Subsec. (a): Added "or any higher amount approved by the electorate at an annual or special meeting warned for that purpose" following "attendance" in the second sentence and added the third sentence.

    Amendments--1971. Subsec. (a): Rewrote the second sentence.

    Subsec. (b): Inserted "or a Vermont school functioning as an area vocational center" preceding "shall establish".

    Cross References

    Cross references. Career technical center tuition, see § 1552 of this title.

    ANNOTATIONS

    Analysis

    1. State custody pupils.

    Where section 1075 of this title provided that residence of a pupil in the care and custody of the Department of Social and Rehabilitation Services was where the pupil was placed and this section required each school district to pay the tuition of its residents, district which had pupils in State's custody placed in a group home in the district was liable for their tuition when they were sent to a neighboring district's high school because district with the group home had no high school. Stoneman v. Vergennes Union High School District # 5, 139 Vt. 50, 421 A.2d 1307 (1980), overruled on other grounds, Cronin v. State (1987) 148 Vt. 252, 531 A.2d 929, reinstated, Libercent v. Aldrich (1987) 149 Vt. 76, 539 A.2d 981.

    That, under this section, each school district had to pay the tuition of its residents and residency of a pupil in State's care and custody was where the pupil was placed, did not violate State Constitution's Proportional Contribution Clause on the theory that it cast a heavier burden on districts with group homes in which pupils under State's custody were placed, while the public in general was benefited, for the burden on the districts with group homes was reasonably related to the purpose of treating the pupils as normal residents of the community. Stoneman v. Vergennes Union High School District # 5, 139 Vt. 50, 421 A.2d 1307 (1980), overruled on other grounds, Cronin v. State (1987) 148 Vt. 252, 531 A.2d 929, reinstated, Libercent v. Aldrich (1987) 149 Vt. 76, 539 A.2d 981.

    2. Tuition reimbursement.

    School district's tuition-payment policy violated Compelled Support Clause of Vermont Constitution by authorizing tuition reimbursement to sectarian schools, where neither tuition payment statutes nor Board of Education rules imposed any restrictions that prevented use of public money to fund religious education. Chittenden Town School District v. Department of Education, 169 Vt. 310, 738 A.2d 539 (1999).

    § 825. Maximum tuition rate; calculated net cost per pupil defined.

    1. Calculated net cost per pupil for purposes of this chapter shall be defined by the Secretary. Expenditures shall include those for equipment and school building construction, additions, or renovations. Expenditures excluded shall be:
      1. transportation costs incurred by the receiving school district for its resident students;
      2. transportation costs for which the receiving school district receives reimbursement;
      3. that portion of the total cost that is provided by direct grants from State or federal sources for salaries or other specific expenses;
      4. expenditures for maintenance, and payments of principal and interest for buildings used exclusively for boarding students if any;
      5. expenditures for special education;
      6. tuition payments for career technical education.
    2. In no case shall the tuition charged be such that the ratio of the total tuition received to the total cost of operation of the receiving school, or school district, exceeds the ratio of the number of tuition-paying students to the total number of students enrolled in the receiving school, or school district.
    3. The Secretary shall investigate complaints by a school board regarding tuition and may, within the limits of funds appropriated for this specific purpose, contract for limited scope audits of the annual statistical reports submitted by school districts for the purpose of determining the accuracy of the allocation of revenues and expenditures to elementary and secondary tuition rates.

      Added 1969, No. 298 (Adj. Sess.), § 56; amended 1987, No. 235 (Adj. Sess.), § 10; 1997, No. 138 (Adj. Sess.), § 23, eff. April 27, 1998; 2005, No. 54 , § 9; 2013, No. 92 (Adj. Sess.), § 98, eff. Feb. 14, 2014.

    History

    2013 (Adj. Sess.) Inserted "career" preceding "technical education" in subdiv. (a)(6) in accordance with 2013, No. 92 (Adj. Sess.), § 302.

    Amendments--2013 (Adj. Sess.). Substituted "Secretary" for "commissioner" and "students" for "pupils" throughout the section.

    Amendments--2005 Subsec. (a): Made a minor change in punctuation in subdiv. (5) and added subdiv. (6).

    Amendments--1997 (Adj. Sess.). Subsec. (c): Added.

    Amendments--1987 (Adj. Sess.). Subdiv. (a)(4): Made minor changes in punctuation.

    Subdiv. (a)(5): Added.

    § 826. Notice of tuition rates; special education charges.

    1. A school board, or the board of trustees of an independent school meeting education quality standards, that proposes to increase tuition charges shall notify the school board of the school district from which its nonresident students come, and the Secretary, of the proposed increase on or before January 15 in any year; such increases shall not become effective without the notice and not until the following school year.
    2. A school board or the board of trustees of an independent school meeting education quality standards may establish a separate tuition for one or more special education programs. No such tuition shall be established unless the State Board has by rule defined the program as of a type that may be funded by a separate tuition. Any such tuition shall be announced in accordance with the provisions of subsection (a) of this section. The amount of tuition shall reflect the net cost per pupil in the program. The announcement of tuition shall describe the special education services included or excluded from coverage. Tuition for part-time students shall be reduced proportionally.
    3. Excess special education costs incurred by a supervisory union in providing special education services to a student beyond those covered by tuition may be charged to the student's supervisory union for the district of residence. However, only actual costs or actual proportionate costs attributable to the student may be charged.
    4. The State Board shall adopt rules relating to the types of special education programs that may establish tuition charges and relating to methods and times of calculating excess charges.

      Added 1969, No. 298 (Adj. Sess.), § 57; amended 1987, No. 235 (Adj. Sess.), § 9; 1991, No. 24 , § 12; 1995, No. 34 , § 3; 2001, No. 8 , § 10; 2009, No. 44 , § 13, eff. May 21, 2009; 2013, No. 92 (Adj. Sess.), § 99, eff. Feb. 14, 2014; 2015, No. 23 , § 25; 2017, No. 173 (Adj. Sess.), § 6, eff. May 25, 2018.

    History

    2013 (Adj. Sess.) Substituted "student" for "pupil" throughout the section in accordance with 2013, No. 92 (Adj. Sess.), § 302.

    Amendments--2017 (Adj. Sess.). Subsec. (c): In the first sentence, substituted "supervisory union" for "district"; inserted "to a student" following "special education services" and "supervisory union for the" preceding "district of residence".

    Amendments--2015. Subsecs. (a) and (b): Substituted "education quality standards" for "school quality standards".

    Amendments--2013 (Adj. Sess.). Subsec. (a): Substituted "students" for "pupils" following "nonresident" and "Secretary" for "commissioner" following "and the".

    Amendments--2009. Subsec. (a): Substituted "that" for "which" and substituted "January 15" for "February 1."

    Amendments--2001. Substituted "school quality standards" for "public school standards" in subsec. (a) and in the first sentence of subsec. (b).

    Amendments--1995 Subsec. (c): Added the second sentence.

    Amendments--1991 Substituted "an independent school meeting public school standards" for "a public school" following "trustees of" in the first sentence of subsecs. (a) and (b).

    Amendments--1987 (Adj. Sess.) Added "special education charges" following "rates" in the section heading, designated the existing provisions of the section as subsec. (a), and added subsecs. (b), (c) and (d).

    Cross References

    Cross references. Procedure for adoption of administrative rules, see 3 V.S.A. chapter 25.

    Tuition overcharge, see § 836 of this title.

    § 827. Designation of a public high school or an approved independent high school as the public high school of a school district.

    1. A school district not maintaining an approved public high school may vote on such terms or conditions as it deems appropriate, to designate three or fewer approved independent or public high schools as the public high school or schools of the district.
    2. Except as otherwise provided in this section, if the board of trustees or the school board of a designated school votes to accept this designation, the school shall be regarded as a public school for tuition purposes under subsection 824(b) of this title, and the sending school district shall pay tuition only to that school, and to any other school designated under this section, until such time as the sending school district or the designated school votes to rescind the designation.
    3. A parent or legal guardian who is dissatisfied with the instruction provided at a designated school or who cannot obtain for his or her child the kind of course or instruction desired there, or whose child can be better accommodated in an approved independent or public high school nearer his or her home during the next academic year, may request on or before April 15 that the school board pay tuition to another approved independent or public high school selected by the parent or guardian.
    4. The school board may pay tuition to another approved high school as requested by the parent or legal guardian if in its judgment that will best serve the interests of the student. Its decision shall be final in regard to the institution the student may attend. If the board approves the parent's request, the board shall pay tuition for the student in an amount not to exceed the least of:
      1. The statewide average announced tuition of Vermont union high schools.
      2. The per-pupil tuition the district pays to the designated school in the year in which the student is enrolled in the nondesignated school. If the district has designated more than one school pursuant to this section, then it shall be the lowest per-pupil tuition paid to a designated school.
      3. The tuition charged by the approved nondesignated school in the year in which the student is enrolled.
    5. Notwithstanding any other provision of law to the contrary:
      1. the school districts of Pawlet, Rupert, and Wells may designate a public high school located in New York as the public high school of the district pursuant to the provisions of this section;
      2. unless otherwise directed by an affirmative vote of the school district, when the Wells Board approves parental requests to pay tuition to a nondesignated approved independent or public school, the Board shall pay tuition in an amount not to exceed the base education amount as determined under section 4011 of this title for the fiscal year in which tuition is being paid; and
      3. unless otherwise directed by an affirmative vote of the school district, when the Strafford Board approves a parental request to pay tuition to a nondesignated approved independent or public school, the Board shall pay tuition to the nondesignated school pursuant to section 824 of this title for the year in which the student is enrolled; provided, however, that it shall not pay tuition in an amount that exceeds the tuition paid to the designated school for the same academic year.

        Added 1969, No. 298 (Adj. Sess.), § 58; amended 1989, No. 271 (Adj. Sess.), § 5; 1991, No. 24 , § 4; 2009, No. 44 , § 13, eff. May 21, 2009; 2009, No. 153 (Adj. Sess.), § 21a; 2011, No. 156 (Adj. Sess.), § 33, eff. May 16, 2012; 2015, No. 46 , § 45.

    History

    2013 (Adj. Sess.) Substituted "student" for "pupil" throughout the section in accordance with 2013, No. 92 (Adj. Sess.), § 302.

    Amendments--2015. Subsec. (a): Substituted "three or fewer approved independent or public high schools" for "an approved independent school or a public school" following "as it deems appropriate, to designate" near the middle of the sentence and added "or schools" preceding "of the district" at the end of the sentence.

    Subsec. (b): Substituted "only to that school, and to any other school designated under this section," for "to that school only" following "school district shall pay tuition" near the middle of the sentence.

    Subsec. (c): Substituted "a designated school" for "the designated school".

    Subdiv. (d)(2): Added the second sentence.

    Amendments--2011 (Adj. Sess.). Subdiv. (e)(3): Added.

    Amendments--2009 (Adj. Sess.) Subsec. (e): Added.

    Amendments--2009. Amended generally subsecs. (a) through (d) and added subdivs. (d)(1) through (d)(3).

    Amendments--1991. Substituted "an independent" for "a private" preceding "high school" in the section heading, deleted "managed by a school board" preceding "may vote" and substituted "an approved independent school" for "a private high school, or a public high school not managed by a school board, approved by the state board of education" following "designate" in subsec. (a).

    Amendments--1989 (Adj. Sess.). Subsec. (d): Deleted "a parent or guardian may appeal to the state board and" preceding "its decision" and substituted "pupil" for "child" preceding "may attend" in the second sentence.

    ANNOTATIONS

    Analysis

    1. Review.

    V.R.C.P. 75, providing for review of governmental action, did not give parents the right to appellate review of State Board's affirmance of local school board's decision not to pay their child's tuition at a school other than the one designated by the local board as the public high school of their school district, since availability of and entitlement to review were precluded by subsec. (d) of this section providing that decisions of the State Board would be final. Mason v. Thetford School Board, 142 Vt. 495, 457 A.2d 647 (1983).

    Where subsec. (d) of this section precluded appellate review of State Board's decision whether or not to reimburse parents who sent their child to a school other than the one designated as the public high school of their school district, it was error for the Superior Court to deny the State Board's motion to dismiss for lack of jurisdiction plaintiffs' appeal of the Board's decision. Mason v. Thetford School Board, 142 Vt. 495, 457 A.2d 647 (1983).

    2. Construction with other law .

    Individuals with Disabilities Education Act, 20 U.S.C.S. §§ 1400-1490, applies only to the state and other public agencies, not to private schools in which public agencies may place children pursuant to state statute. St. Johnsbury Academy v. D.H., 240 F.3d 163 (2d Cir. 2001).

    Cited. Campbell v. Manchester Board of School Directors, 152 Vt. 643, 565 A.2d 1318 (mem.) (1989).

    § 828. Tuition to approved schools; age; appeal.

    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.

    Added 1969, No. 298 (Adj. Sess.), § 59; amended 1989, No. 271 (Adj. Sess.), § 6; 1991, No. 24 , § 11; 1995, No. 157 (Adj. Sess.), § 3; 2009, No. 44 , § 13, eff. May 21, 2009; 2015, No. 23 , § 26.

    History

    2013 (Adj. Sess.) Substituted "student" for "pupil" in the first sentence in accordance with 2013, No. 92 (Adj. Sess.), § 302.

    Amendments--2015. Substituted "education quality standards" for "school quality standards" in the first sentence.

    Amendments--2009. Substituted "school, an approved" for "or" after "public", substituted ", an independent school meeting school quality standards, a" for "or" after "school", substituted "an approved education program, or an independent school in another state or country approved under the laws of that state or country," for "or" after "board" in the first sentence.

    Amendments--1995 (Adj. Sess.) Inserted "or tutorial program" preceding "approved" in the first sentence.

    Amendments--1991. Substituted "independent" for "private" following "public or" in the first sentence.

    Amendments--1989 (Adj. Sess.). Inserted "unless otherwise provided" preceding "a person" and "or she" preceding "may attend" in the second sentence.

    ANNOTATIONS

    1. Appeal.

    Decision of Board of Education involving constitutional and legal precepts was of judicial rather than administrative nature and proper route for relief by aggrieved party was to file petition for certiorari. Campbell v. Manchester Board of School Directors, 152 Vt. 643, 565 A.2d 1318 (mem.) (1989).

    Superior Court had jurisdiction to review decision of Vermont Board of Education denying tuition reimbursement for student attending private high school, where although statute provides that decisions of State Board are final, jurisdictional issue was not raised, and no alternative routes by which plaintiff could pursue constitutional issues were suggested. Campbell v. Manchester Bd. of Sch. Dirs., 161 Vt. 441, 641 A.2d 352 (1994).

    § 829. Prekindergarten education.

    1. Definitions.  As used in this section:
      1. "Prekindergarten child" means a child who, as of the date established by the district of residence for kindergarten eligibility, is three or four years of age or is five years of age but is not yet enrolled in kindergarten.
      2. "Prekindergarten education" means services designed to provide to prekindergarten children developmentally appropriate early development and learning experiences based on Vermont's early learning standards.
      3. "Prequalified private provider" means a private provider of prekindergarten education that is qualified pursuant to subsection (c) of this section.
    2. Access to publicly funded prekindergarten education.
      1. No fewer than ten hours per week of publicly funded prekindergarten education shall be available for 35 weeks annually to each prekindergarten child whom a parent or guardian wishes to enroll in an available, prequalified program operated by a public school or a private provider.
      2. If a parent or guardian chooses to enroll a prekindergarten child in an available, prequalified program, then, pursuant to the parent or guardian's choice, the school district of residence shall:
        1. pay tuition pursuant to subsections (d) and (h) of this section upon the request of the parent or guardian to:
          1. a prequalified private provider; or
          2. a public school located outside the district that operates a prekindergarten program that has been prequalified pursuant to subsection (c) of this section; or
        2. enroll the child in the prekindergarten education program that it operates.
      3. If requested by the parent or guardian of a prekindergarten child, the school district of residence shall pay tuition to a prequalified program operated by a private provider or a public school in another district even if the district of residence operates a prekindergarten education program.
      4. If the supply of prequalified private and public providers is insufficient to meet the demand for publicly funded prekindergarten education in any region of the State, nothing in this section shall be construed to require a district to begin or expand a program to satisfy that demand; but rather, in collaboration with the Agencies of Education and of Human Services, the local Building Bright Futures Council shall meet with school districts and private providers in the region to develop a regional plan to expand capacity.
    3. Prequalification.  Pursuant to rules jointly developed and overseen by the Secretaries of Education and of Human Services and adopted by the State Board pursuant to 3 V.S.A. chapter 25, the Agencies jointly may determine that a private or public provider of prekindergarten education is qualified for purposes of this section and include the provider in a publicly accessible database of prequalified providers. At a minimum, the rules shall define the process by which a provider applies for and maintains prequalification status, shall identify the minimum quality standards for prequalification, and shall include the following requirements:
      1. A program of prekindergarten education, whether provided by a school district or a private provider, shall have received:
        1. National Association for the Education of Young Children (NAEYC) accreditation; or
        2. at least four stars in the Department for Children and Families' STARS system with a plan to get to at least two points in each of the five arenas; or
        3. three stars in the STARS system if the provider has developed a plan, approved by the Commissioner for Children and Families and the Secretary of Education, to achieve four or more stars with at least two points in each of the five arenas in no more than three years, and the provider has met intermediate milestones.
      2. A licensed provider shall employ or contract for the services of at least one teacher who is licensed and endorsed in early childhood education or in early childhood special education under chapter 51 of this title.
      3. A registered home provider that is not licensed and endorsed in early childhood education or early childhood special education shall receive regular, active supervision and training from a teacher who is licensed and endorsed in early childhood education or in early childhood special education under chapter 51 of this title.
    4. Tuition, budgets, and average daily membership.
      1. On behalf of a resident prekindergarten child, a district shall pay tuition for prekindergarten education for ten hours per week for 35 weeks annually to a prequalified private provider or to a public school outside the district that is prequalified pursuant to subsection (c) of this section; provided, however, that the district shall pay tuition for weeks that are within the district's academic year. Tuition paid under this section shall be at a statewide rate, which may be adjusted regionally, that is established annually through a process jointly developed and implemented by the Agencies of Education and of Human Services. A district shall pay tuition upon:
        1. receiving notice from the child's parent or guardian that the child is or will be admitted to the prekindergarten education program operated by the prequalified private provider or the other district; and
        2. concurrent enrollment of the prekindergarten child in the district of residence for purposes of budgeting and determining average daily membership.
      2. In addition to any direct costs of operating a prekindergarten education program, a district of residence shall include anticipated tuition payments and any administrative, quality assurance, quality improvement, transition planning, or other prekindergarten-related costs in its annual budget presented to the voters.
      3. Pursuant to subdivision 4001(1)(C) of this title, the district of residence may include within its average daily membership any prekindergarten child for whom it has provided prekindergarten education or on whose behalf it has paid tuition pursuant to this section.
      4. A prequalified private provider may receive additional payment directly from the parent or guardian only for prekindergarten education in excess of the hours paid for by the district pursuant to this section or for child care services, or both. The provider is not bound by the statewide rate established in this subsection when determining the rates it will charge the parent or guardian.
    5. Rules.  The Secretary of Education and the Commissioner for Children and Families shall jointly develop and agree to rules and present them to the State Board for adoption under 3 V.S.A. chapter 25 as follows:
      1. To permit private providers that are not prequalified pursuant to subsection (c) of this section to create new or continue existing partnerships with school districts through which the school district provides supports that enable the provider to fulfill the requirements of subdivision (c)(2) or (3), and through which the district may or may not make in-kind payments as a component of the statewide tuition established under this section.
      2. To authorize a district to begin or expand a school-based prekindergarten education program only upon prior approval obtained through a process jointly overseen by the Secretaries of Education and of Human Services, which shall be based upon analysis of the number of prekindergarten children residing in the district and the availability of enrollment opportunities with prequalified private providers in the region. Where the data are not clear or there are other complex considerations, the Secretaries may choose to conduct a community needs assessment.
      3. To require that the school district provides opportunities for effective parental participation in the prekindergarten education program.
      4. To establish a process by which:
        1. a parent or guardian notifies the district that the prekindergarten child is or will be admitted to a prekindergarten education program not operated by the district and concurrently enrolls the child in the district pursuant to subdivision (d)(1) of this section;
        2. a district:
          1. pays tuition pursuant to a schedule that does not inhibit the ability of a parent or guardian to enroll a prekindergarten child in a prekindergarten education program or the ability of a prequalified private provider to maintain financial stability; and
          2. enters into an agreement with any provider to which it will pay tuition regarding quality assurance, transition, and any other matters; and
        3. a provider that has received tuition payments under this section on behalf of a prekindergarten child notifies a district that the child is no longer enrolled.
      5. To establish a process to calculate an annual statewide tuition rate that is based upon the actual cost of delivering ten hours per week of prekindergarten education that meets all established quality standards and to allow for regional adjustments to the rate.
      6. [Repealed.]
      7. To require a district to include identifiable costs for prekindergarten programs and essential early education services in its annual budgets and reports to the community.
      8. To require a district to report to the Agency of Education annual expenditures made in support of prekindergarten education, with distinct figures provided for expenditures made from the General Fund, from the Education Fund, and from all other sources, which shall be specified.
      9. To provide an administrative process for:
        1. a parent, guardian, or provider to challenge an action of a school district or the State when the complainant believes that the district or State is in violation of State statute or rules regarding prekindergarten education; and
        2. a school district to challenge an action of a provider or the State when the district believes that the provider or the State is in violation of State statute or rules regarding prekindergarten education.
      10. To establish a system by which the Agency of Education and Department for Children and Families shall jointly monitor and evaluate prekindergarten education programs to promote optimal results for children that support the relevant population-level outcomes set forth in 3 V.S.A. § 2311 and to collect data that will inform future decisions. The Agency and Department shall be required to report annually to the General Assembly in January. At a minimum, the system shall monitor and evaluate:
        1. programmatic details, including the number of children served, the number of private and public programs operated, and the public financial investment made to ensure access to quality prekindergarten education;
        2. the quality of public and private prekindergarten education programs and efforts to ensure continuous quality improvements through mentoring, training, technical assistance, and otherwise; and
        3. the results for children, including school readiness and proficiency in numeracy and literacy.
      11. To establish a process for documenting the progress of children enrolled in prekindergarten education programs and to require public and private providers to use the process to:
        1. help individualize instruction and improve program practice; and
        2. collect and report child progress data to the Secretary of Education on an annual basis.
    6. Other provisions of law.  Section 836 of this title shall not apply to this section.
    7. Limitations.  Nothing in this section shall be construed to permit or require payment of public funds to a private provider of prekindergarten education in violation of Chapter I, Article 3 of the Vermont Constitution or in violation of the Establishment Clause of the U.S. Constitution.
    8. Geographic limitations.
      1. Notwithstanding the requirement that a district pay tuition to any prequalified public or private provider in the State, a school board may choose to limit the geographic boundaries within which the district shall pay tuition by paying tuition solely to those prequalified providers in which parents and guardians choose to enroll resident prekindergarten children that are located within the district's "prekindergarten region" as determined in subdivision (2) of this subsection.
      2. For purposes of this subsection, upon application from the school board, a district's prekindergarten region shall be determined jointly by the Agencies of Education and of Human Services in consultation with the school board, private providers of prekindergarten education, parents and guardians of prekindergarten children, and other interested parties pursuant to a process adopted by rule under subsection (e) of this section. A prekindergarten region:
        1. shall not be smaller than the geographic boundaries of the school district;
        2. shall be based in part upon the estimated number of prekindergarten children residing in the district and in surrounding districts, the availability of prequalified private and public providers of prekindergarten education, commuting patterns, and other region-specific criteria; and
        3. shall be designed to support existing partnerships between the school district and private providers of prekindergarten education.
      3. If a school board chooses to pay tuition to providers solely within its prekindergarten region, and if a resident prekindergarten child is unable to access publicly funded prekindergarten education within that region, then the child's parent or guardian may request and in its discretion the district may pay tuition at the statewide rate for a prekindergarten education program operated by a prequalified provider located outside the prekindergarten region.
      4. Except for the narrow exception permitting a school board to limit geographic boundaries under subdivision (1) of this subsection, all other provisions of this section and related rules shall continue to apply.

        Added 2007, No. 62 , § 3; amended 2007, No. 132 (Adj. Sess.), § 1; 2011, No. 129 (Adj. Sess.), § 9; 2013, No. 92 (Adj. Sess.), § 100, eff. Feb. 14, 2014; 2013, No. 166 (Adj. Sess.), § 1, eff. May 28, 2014; 2015, No. 11 , § 13; 2017, No. 49 , § 45, eff. May 23, 2017.

    History

    Amendments--2017. Subdiv. (c)(1)(B): Inserted "a plan to get to" preceding "at least".

    Subdiv. (c)(1)(C): Inserted "with at least two points in each of the five arenas" following "stars"; substituted "three" for "two" preceding "years,"; and deleted "with at least two points in each of the five arenas" following "years".

    Amendments--2015. Subdiv. (e)(10): Substituted "results" for "outcomes" following "optimal" and inserted "that support the relevant population-level outcomes set forth in 3 V.S.A. § 2311" in the first sentence.

    Subdiv. (e)(10)(C): Substituted "results" for "outcomes" preceding "for children".

    Amendments--2013 (Adj. Sess.). Act No. 92 made miscellaneous technical amendments; Act No. 166 amended the section generally.

    Amendments--2011 (Adj. Sess.) Subdiv. (1): Added the proviso at the end.

    Amendments--2007 (Adj. Sess.). Subdiv. (10)(A): Amended generally.

    Prekindergarten education; minimum quality standards. 2007, No. 132 (Adj. Sess.), § 2 provides: "(a) For the 2008-2009 school year, any prekindergarten education program operated by a school district or by a private provider on behalf of a school district that is not yet participating in the STARS program shall be granted presumptive eligibility at a three star level if the program is in good regulatory standing with the department for children and families.

    "(b) The departments for children and families and of education jointly shall develop and approve rules for the STARS program, applicable respectively to public and private providers, to be adopted by the department for children and families under chapter 25 of Title 3. The rules shall be in effect no later than April 1, 2009."

    Quality standards. 2013, No. 166 (Adj. Sess.), § 3 provides: "(a) The Agencies of Education and of Human Services shall review existing quality standards for prekindergarten education programs and may initiate rulemaking under 3 V.S.A. chapter 25 to require higher standards of quality; provided, however, that no new standards shall take effect earlier than July 1, 2016. Changes to the quality standards shall be designed to ensure that programs are based on intentional, evidence-based practices that create a developmentally appropriate environment and support the delivery of an engaging program that supports the social, emotional, intellectual, language, literacy, and physical development of prekindergarten children.

    "(b) In January of the 2016, 2017, and 2018 legislative sessions, the Agencies shall report to the House and Senate Committees on Education and on Appropriations, the House Committee on Human Services, and the Senate Committee on Health and Welfare regarding the quality of prekindergarten education in the State."

    Report on enrollment and access. 2013, No. 166 (Adj. Sess.), § 3a provides: "The Agencies of Education and of Human Services and the Building Bright Futures Council shall monitor and evaluate access to and enrollment in prekindergarten education programs under Sec. 1 of this act. On or before January 1, 2018, they shall report to the House and Senate Committees on Education and on Appropriations, the House Committee on Ways on Means, and the Senate Committee on Finance regarding their evaluation, conclusions, and any recommendations for amendments to statute or related rule."

    Former § 829. Former § 829, relating to relating to entrance qualifications of high school pupils; certification and payment of tuition, was derived from 1969, No 298 (Adj. Sess.), § 60 and was previously repealed by 1989, No. 271 (Adj. Sess.), § 7.

    § 830. Repealed. 1989, No. 233 (Adj. Sess.), § 2.

    History

    Former § 830. Former § 830, relating to children under care of Social Welfare Department and reimbursement of tuition, was derived from 1969, No. 298 (Adj. Sess.), § 61. The subject matter is now covered in § 1075 of this title.

    §§ 831, 832. Repealed. 1973, No. 191 (Adj. Sess.), § 2.

    History

    Former §§ 831, 832. Former § 831, relating to children under custody of child placing agencies, was derived from 1969, No. 298 (Adj. Sess.), § 62, and amended by 1973, No. 152 (Adj. Sess.), § 6.

    Former § 832, relating to children under care of department of social and rehabilitation services, was derived from 1969, No. 298 (Adj. Sess.), § 63, and amended by 1973, No. 152 (Adj. Sess.), § 7. The subject matter is now covered in § 1075 of this title.

    § 833. Repealed. 1983, No. 247 (Adj. Sess.), § 4(3).

    History

    Former § 833. Former § 833, relating to vocational education tuition, was derived from 1969, No. 298 (Adj. Sess.), § 64, and amended by 1971, No. 52 , §§ 1-4; 1971, No. 243 (Adj. Sess.), § 2; 1977, No. 46 . The subject matter is now covered by chapter 37 of this title.

    § 834. Duty of care.

    1. Each school district and its employees owe its students a duty of ordinary care to prevent the students from being exposed to unreasonable risk, from which it is foreseeable that injury is likely to occur.
    2. School districts and their employees do not owe their students a duty of immediate supervision at all times and under all circumstances.

      Added 1983, No. 122 (Adj. Sess.).

    ANNOTATIONS

    Analysis

    1. Construction.

    In Vermont, the standard of care that schools and their officials must exercise in supervising students is governed by statute. Edson v. Barre Supervisory Union #61, 182 Vt. 157, 933 A.2d 200 (July 20, 2007).

    Neither the common law, nor this section, holds individuals liable in negligence for consequences that a reasonably prudent person could not have foreseen or anticipated under the circumstances. Edson v. Barre Supervisory Union #61, 182 Vt. 157, 933 A.2d 200 (July 20, 2007).

    The duty of supervision to students is limited both by statute and by the common law, which requires schools to protect students only from foreseeable risks, and only to the extent necessary to carry out their educational purpose. Nonetheless, where school administrators or teachers fail to exercise ordinary care in supervising students, they may be held liable to the extent their acts or omissions are the proximate cause of a student's injury. Edson v. Barre Supervisory Union #61, 182 Vt. 157, 933 A.2d 200 (July 20, 2007).

    2. Foreseeability of risk of harm.

    High school did not breach the duty of ordinary care and thus could not be held liable under either common law negligence or the statute prescribing the duty of care for public schools because the school was not required to protect a student against an unforeseeable assault by his teammates. The school did not have any knowledge or notice to make the assault foreseeable and, in turn, did not owe the student a duty to protect him from it. Stopford v. Milton Town Sch. Dist., 206 Vt. 462, 202 A.3d 973 (Nov. 16, 2018).

    Foreseeability of potential risk of harm to a student who left campus unauthorized was not enough to trigger a legal duty on the part of defendant school to protect her where her death was a result of the premeditated criminal act of a third party. Although it has been held that a defendant may be responsible for protecting against the criminal act of another, it has been done only where the defendant had special knowledge or notice upon which to impose a duty to anticipate the wrongful act. Edson v. Barre Supervisory Union #61, 182 Vt. 157, 933 A.2d 200 (July 20, 2007).

    3. Reasonable care.

    Enactment of the statute prescribing the duty of care owed by public schools evidences the Legislature's intent: Vermont schools do not owe their students anything other than a duty of ordinary care. In addition, by explicitly stating in the statute that Vermont schools do not owe students a duty of immediate supervision at all times and under all circumstances, the Legislature chose not to impose a heightened duty of care upon Vermont schools. Stopford v. Milton Town Sch. Dist., 206 Vt. 462, 202 A.3d 973 (Nov. 16, 2018).

    Although school officials are required to take into consideration a student's age, situation, and disposition in exercising reasonable care, these factors do not raise the duty owed under the statute beyond one of ordinary care. Rather, school officials must simply act as the reasonably prudent person would in supervising students of similar age and maturity. Edson v. Barre Supervisory Union #61, 182 Vt. 157, 933 A.2d 200 (July 20, 2007).

    § 835. Lemington, Bloomfield, Brunswick, Granby, Guildhall, and Maidstone; tuitioning of elementary students.

    The Lemington, Bloomfield, Brunswick, Granby, Guildhall, and Maidstone school districts may provide for the elementary education of the students residing in their districts by paying tuition to public elementary schools in the State of New Hampshire. Notwithstanding the provisions of section 823 of this title, school districts affected by this section shall pay the full tuition charged by a public elementary school in New Hampshire.

    Added 1993, No. 72 ; amended 2005, No. 182 (Adj. Sess.), § 4; 2007, No. 192 (Adj. Sess.), § 6.029.

    History

    2013 (Adj. Sess.). Substituted "students" for "pupils" throughout the section in accordance with 2013, No. 92 (Adj. Sess.), § 302.

    Amendments--2007 (Adj. Sess.). Inserted ", and Guildhall" in the section heading, deleted "The school boards of the towns of" preceding "Lemington" at the beginning of the first sentence, inserted "Guildhall," preceding "Maidstone" and "school districts" thereafter, and substituted "school districts" for "school boards" in the second sentence.

    Amendments--2005 (Adj. Sess.). Inserted "Granby" following "Maidstone" in the section heading and following "Brunswick" in the first sentence.

    § 836. Tuition overcharge or undercharge.

    1. Annually, on or before November 1, the Secretary shall inform each school board of a receiving public school, each board of trustees of a receiving approved independent school for which the Secretary has calculated a net cost per pupil, and each sending school district in Vermont of the calculated net cost per elementary or secondary pupil in the receiving schools. Each school board or board of trustees of a receiving school shall then determine whether it overcharged or undercharged any sending district for tuition charges and shall notify the district by December 15 of the same year of the amount due or the amount to be refunded or credited.
    2. If the sending district has paid tuition charges in excess of three percent of the calculated net cost per elementary or secondary pupil and is not sending enough students to the receiving district to use the overcharge funds as credit against tuition, the receiving district shall refund the overcharge money by July 31; provided, however, that the refund shall be in the amount that exceeded a three-percent overcharge. Interest owed the sending district on overcharge monies shall begin to accrue on December 1, at the rate of one-half percent per month.
    3. If the receiving district has undercharged tuition in an amount three percent or more than the calculated net cost per elementary or secondary pupil, the sending district shall pay the receiving district an amount equal to the amount of the undercharge that is between three percent and ten percent of the net cost per pupil. If payment is not made by July 31 of the year following the year in which the undercharge was determined, interest owed the receiving district on undercharge monies shall begin to accrue on August 1, at the rate of one percent per month.

      Added 1995, No. 34 , § 4; amended 1995, No. 129 (Adj. Sess.), § 1; 1997, No. 138 (Adj. Sess.), § 22; 2005, No. 54 , § 10; 2013, No. 60 , § 3; 2013, No. 92 (Adj. Sess.), § 102, eff. Feb. 14, 2014.

    History

    Amendments--2013 (Adj. Sess.). Subsec. (a): Substituted "Secretary" for "commissioner".

    Amendments--2013 Subsec. (a): Amended generally.

    Amendments--2005 Subsec. (a): Added "and shall notify the district by December 15 of the same year of the amount due or the amount to be refunded or credited" in the second sentence.

    Amendments--1997 (Adj. Sess.). Added "or undercharge" in the section heading, rewrote subsec. (a), inserted "three percent" following "excess of" and substituted "July 31" for "July 15" in the first sentence and "one-half" for "one" preceding "percent" in the second sentence of subsec. (b) and added subsec. (c).

    Amendments--1995 (Adj. Sess.) Subsec. (b): Substituted "July 15" for "December 1" in the first sentence and rewrote the second sentence.

    Legislative intent. 1995, No. 34 , § 1, provided: "It is the intent of the General Assembly that no sending school district shall be required to pay tuition in excess of elementary or secondary calculated net cost per pupil in average daily membership in the receiving school district for the year of attendance. It is not the intent of the General Assembly to interfere in disputes regarding tuition fees that were charged or paid prior to the effective date of this act."

    CHAPTER 23. COURSES OF STUDY

    Subchapter 1. Public Schools Generally

    §§ 901-905. Repealed. 1969, No. 298 (Adj. Sess.), § 79.

    History

    Former §§ 901-905. Former § 901, relating to instruction in vocal music, physical culture and drawing, was derived from V.S. 1947, § 4302: P.L. § 4238: 1933, No. 157 , § 3963: G.L. § 1239: 1915, No. 64 , § 87: P.S. § 1004: 1906, No. 49 , § 1: V.S. §§ 686, 823: 1888, No. 9 , § 96.

    Former § 902, relating to instruction in proper method of marking ballots, was derived from V.S. 1947, § 4300; P.L. § 4235; 1933, No. 157 , § 3960; 1927, No. 29 .

    Former § 903, relating to instruction in use of firearms and hunting practices, was derived from 1955, No. 102 , § 2.

    Former § 904, relating to Lincoln's birthday, was derived from V.S. 1947, § 4304; P.L. § 4240; 1933, No. 157 , § 3965; G.L. § 1241; 1917, No. 254 , § 1204; 1912, No. 485 . The subject matter is now covered by § 907 of this title.

    Former § 905, relating to pre-Memorial Day exercises, was derived from V.S. 1947, § 4303; P.L. § 4239; 1933, No. 157 , § 3964; G.L. § 1240; 1915, No. 64 , § 88; P.S. § 1005; V.S. § 684; 1894, No. 25 . The subject matter is now covered by § 908 of this title.

    § 906. Course of study.

    1. In public schools, approved and recognized independent schools, and in home study programs, learning experiences shall be provided for students in the minimum course of study.
    2. For purposes of this title, the minimum course of study means learning experiences adapted to a student's age and ability in the fields of:
      1. basic communication skills, including reading, writing, and the use of numbers;
      2. citizenship, history, and government in Vermont and the United States;
      3. physical education and comprehensive health education, including the effects of tobacco, alcoholic drinks, and drugs on the human system and on society;
      4. English, American, and other literature;
      5. the natural sciences; and
      6. the fine arts.

        Added 1969, No. 298 (Adj. Sess.), § 65; amended 1981, No. 151 (Adj. Sess.), § 4; 1987, No. 132 (Adj. Sess.); 1987, No. 270 (Adj. Sess.), § 4, eff. Sept. 1, 1989; 1989, No. 44 , § 4, eff. June 1, 1990.

    History

    2013 (Adj. Sess.). Substituted "students" for "pupils" in accordance with 2013, No. 92 (Adj. Sess.), § 302.

    - 1969 (Adj. Sess.). Sections 906-908 of this title were enacted as §§ 1001, 1003, 1004 but were renumbered to conform to V.S.A. classification.

    Amendments--1989. Subsec. (a): Substituted "recognized independent" for "reporting private" following "approved and".

    Amendments--1987 (Adj. Sess.). Subdiv. (b)(3): Act No. 270 substituted "comprehensive" for "principles of" preceding "health" and inserted "education" thereafter.

    Subdiv. (b)(4): Act No. 132 deleted "and" following "literature".

    Subdiv. (b)(5): Act No. 132 added "and" following "sciences".

    Subdiv. (b)(6): Added by Act No. 132.

    Amendments--1981 (Adj. Sess.). Section amended generally.

    Cross References

    Cross references. Home study programs generally, see § 166b of this title.

    Preventing early school failure, see § 2903 of this title.

    ANNOTATIONS

    Cited. State v. DeLaBruere, 154 Vt. 237, 577 A.2d 254 (1990).

    Law review commentaries

    Law review. State regulation of private church-related schools, see 8 Vt. L. Rev. 75 (1983).

    § 907. Lincoln's birthday.

    Exercises in commemoration of the birth, life, and services of Abraham Lincoln shall be conducted in all public and independent schools on the last school day before February 12, annually.

    Added 1969, No. 298 (Adj. Sess.), § 67; amended 1991, No. 24 , § 11.

    History

    1969 (Adj. Sess.). Section renumbered, see note set out under § 906 of this title.

    Amendments--1991. Substituted "independent" for "private" following "public and".

    § 908. Pre-Memorial Day exercises.

    The last half-day's session of the public schools before Memorial Day shall be devoted to exercises commemorative of the history of the nation during its wars and to patriotic instruction in the principles of liberty and the equal rights of man.

    Added 1969, No. 298 (Adj. Sess.), § 68.

    History

    1969 (Adj. Sess.). Section renumbered, see note set out under § 906 if this title.

    § 909. Tobacco use, alcohol and drug abuse prevention education curriculum.

    1. The Secretary, in conjunction with the Alcohol and Drug Abuse Council, and, where appropriate, with the Division of Health Promotion, shall develop a sequential alcohol and drug abuse prevention education curriculum for elementary and secondary schools. The curriculum shall include teaching about the effects and legal consequences of the possession and use of tobacco products.
    2. The Secretary shall:
      1. Provide for pre-service and in-service training programs for school personnel on alcohol and drug abuse prevention and on the effects and legal consequences of the possession and use of tobacco products. At least one training program shall be made available in electronic format. Each superintendent shall determine the content, duration, and frequency of training on issues concerning alcohol and drug abuse for the districts in his or her supervisory union.
      2. Provide teaching materials that are appropriate to the age and learning ability of the students.
      3. Provide technical assistance to the local school districts for implementation of the curriculum.
      4. Encourage coordination of effort with existing community resources.
    3. [Repealed.]

      Added 1983, No. 51 , § 3, eff. April 22, 1983; amended 1987, No. 162 (Adj. Sess.), § 1; 1995, No. 52 , § 2; 1997, No. 58 , § 11; 2007, No. 154 (Adj. Sess.), § 8; 2013, No. 92 (Adj. Sess.), § 103, eff. Feb. 14, 2014.

    History

    Revision note. As added by 1983, No. 51 , § 3, this section was numbered section 907 and the section heading was "Course of study." It was changed to " § 909. Alcohol and drug abuse prevention education curriculum" to conform to the sequence of subchapter 1, chapter 23 of this title which already contained a section 907, and to prevent further confusion with section 906 of this title, the section heading for which presently is "Course of study."

    Amendments--2013 (Adj. Sess.). Section amended generally.

    Amendments--2007 (Adj. Sess.). Subdiv. (b)(1): Added the second and third sentences.

    Amendments--1997. Subsec. (a): Amended generally.

    Subdiv. (b)(1): Inserted "and legal consequences" following "effects" and "possession and" preceding "use" and deleted "and tobacco" preceding "products".

    Amendments--1995 Subsec. (c): Repealed.

    Amendments--1987 (Adj. Sess.) Added "tobacco use" preceding "alcohol" in the section heading, inserted "and where appropriate, with the division of health promotion" following "council" and "that includes teaching the effects of the use of tobacco and tobacco products" following "curriculum" and made other minor changes in punctuation in subsec. (a), added "and on the effects of the use of tobacco and tobacco products" following "prevention" in subdiv. (b)(1), rewrote subsec. (c), and deleted subsec. (d).

    Cross References

    Cross references. Tobacco use policy, see § 140 of this title.

    § 910. Coordination of services to children and adolescents with a severe emotional disturbance.

    Each town, city, interstate, incorporated, unified, or union school district shall cooperate with the Agency of Education and the Departments of Mental Health, for Children and Families, and of Disabilities, Aging, and Independent Living when coordinating educational services to children and adolescents with a severe emotional disturbance pursuant to the provisions of 33 V.S.A. chapter 43.

    Added 1987, No. 264 (Adj. Sess.), § 4; amended 1989, No. 187 (Adj. Sess.), § 5; 2011, No. 58 , § 9, eff. May 31, 2011; 2013, No. 92 (Adj. Sess.), § 104, eff. Feb. 14, 2014.

    History

    Amendments--2013 (Adj. Sess.). Substituted "Agency of Education" for "department of education".

    Amendments--2011. Substituted "department of mental health, the department for children and families, the department of disabilities, aging, and independent living," for "departments of mental health and mental retardation, social and rehabilitation services"; inserted "the department of" preceding "education" and substituted "pursuant to the provisions of chapter 43 of Title 33" for "in accordance with the provisions of chapter 2 of Title 3" following "disturbance".

    Amendments--1989 (Adj. Sess.). Inserted "and mental retardation" following "mental health".

    § 911. American Sign Language; foreign language credit.

    1. American Sign Language is a visual-gestural system of communication used by many in the Deaf community living in the United States and Canada. It is a complete and complex language that has its own syntax, rhetoric, and grammar that is used to convey information and meaning through signs made with the hands, arms, facial markers, and other body movements.
    2. Any public or independent school may offer American Sign Language for foreign language credit.

      Added 2001, No. 16 , § 2.

    § 912. Student's right of refusal; animal dissection.

    1. A student in a public elementary or secondary school or an approved independent school shall have the right to be excused from participating in any lesson, exercise, or assessment requiring the student to dissect, vivisect, or otherwise harm or destroy an animal or any part of an animal, or to observe any of these activities, as part of a course of instruction.
    2. Each school district and approved independent school shall adopt and implement policies regarding a student's right to be excused under this section, which shall include:
      1. procedures by which the school shall provide:
        1. timely notification to each student enrolled in the course and to the student's parent or guardian of the student's right to be excused from participating in or observing the lesson; and
        2. the process by which a student may exercise this right;
      2. alternative education methods through which a student excused under this section can learn and be assessed on material required by the course; and
      3. a statement that no student shall be discriminated against based on his or her decision to exercise the right to be excused afforded by this section.
    3. As used in this section, the word "animal" means any organism of the kingdom animalia and includes an animal's cadaver or the severed parts of an animal's cadaver.

      Added 2007, No. 154 (Adj. Sess.), § 4.

    History

    2013 (Adj. Sess.). Substituted "Student's" for "Pupil's" in the section heading in accordance with 2013, No. 92 (Adj. Sess.), § 302.

    Pupil's right of refusal; animal dissection. 2007, No. 154 (Adj. Sess.), § 5 provides: "On or before August 15, 2008, each school district and approved independent school shall develop and implement procedures pursuant to 16 V.S.A. § 912(b), created in Sec. 4 of this act, which shall be adopted as policy within the district or approved independent school no later than November 1, 2008."

    § 913. Repealed. 2013, No. 77, § 3, effective June 6, 2013.

    History

    Former § 913. Former § 913, relating to secondary credit, postsecondary course, was derived from 2011, No. 58 , § 23. For present provisions, see subchapter 2 of this chapter 23.

    Subchapter 2. Flexible Pathways to Secondary School Completion

    § 941. Flexible Pathways Initiative.

    1. There is created within the Agency a Flexible Pathways Initiative:
      1. to encourage and support the creativity of school districts as they develop and expand high-quality educational experiences that are an integral part of secondary education in the evolving 21st Century classroom;
      2. to promote opportunities for Vermont students to achieve postsecondary readiness through high-quality educational experiences that acknowledge individual goals, learning styles, and abilities; and
      3. to increase the rates of secondary school completion and postsecondary continuation in Vermont.
    2. The Secretary shall develop, publish, and regularly update guidance, in the form of technical assistance, sharing of best practices and model documents, legal interpretations, and other support designed to assist school districts:
      1. to identify and support secondary students who require additional assistance to succeed in school and to identify ways in which individual students would benefit from flexible pathways to graduation;
      2. to work with every student in grade 7 through grade 12 in an ongoing personalized learning planning process that:
        1. identifies the student's emerging abilities, aptitude, and disposition;
        2. includes participation by families and other engaged adults;
        3. guides decisions regarding course offerings and other high-quality educational experiences; and
        4. is documented by a personalized learning plan;
      3. to create opportunities for secondary students to pursue flexible pathways to graduation that:
        1. increase aspiration and encourage postsecondary continuation of training and education;
        2. are an integral component of a student's personalized learning plan; and
        3. include:
          1. applied or work-based learning opportunities, including career and career technical education and internships;
          2. virtual learning and blended learning;
          3. dual enrollment opportunities as set forth in section 944 of this title;
          4. early college programs as set forth in subsection 4011(e) of this title;
          5. the High School Completion Program as set forth in section 943 of this title; and
          6. the Adult Diploma Program and General Educational Development Program as set forth in section 945 of this title; and
      4. to provide students, beginning no later than in grade 7, with career development and postsecondary planning resources to ensure that they are able to take full advantage of the opportunities available within the flexible pathways to graduation and to achieve their career and postsecondary education and training goals.
    3. Nothing in this subchapter shall be construed as discouraging or limiting the authority of any school district to develop or continue to provide educational opportunities for its students that are otherwise permitted, including the provision of Advanced Placement courses.
    4. An individual entitlement or private right of action shall not arise from creation of a personalized learning plan.

      Added 2013, No. 77 , § 1.

    History

    2014. Corrected statutory cite referenced in subdiv. (b)(3)(C)(vi).

    - 2013 (Adj. Sess.) Inserted "career" preceding "technical education" in subdiv. (b)(3)(C)(i) in accordance with 2013, No. 92 (Adj. Sess.), § 302.

    Flexible pathways implementation project on postsecondary planning. 2013, No. 77 , § 12 provides: "To assist implementation of the Flexible Pathways Initiative established in Sec. 1 of this act, the Secretary of Education is authorized to enter into an agreement with the Vermont Student Assistance Corporation and one or more elementary or secondary schools to design and implement demonstration projects related to career planning and planning for postsecondary education and training."

    Former § 941. Former § 941, relating to elementary school course of study, was derived from V.S. 1947, § 4299; 1937, No. 73 , § 1; 1935, No. 89 , § 1; P.L. § 4234; 1933, No. 157 , § 3959; 1923, No. 35 ; G.L. § 1237; 1917, No. 254 , § 1200; 1915, No. 64 , §§ 5, 41, 42, 44; P.S. §§ 923, 1003; 1906, No. 43 , § 4; V.S. §§ 607, 608, 609, 683, 822; 1894, Nos. 17, 18; 1894, No. 30 , §§ 1, 2, 3; 1892, No. 20 , § 6; 1888, No. 9 , §§ 95, 97, 98, 99; 1886, No. 32 ; 1884, No. 28 ; 1882, Nos. 20, 21; R.L. §§ 558, 560; 1880, No. 98 , § 1; 1876, No. 48 ; G.S. 22, § 19; R.S. 18, § 1; 1827, No. 23 , § 1; R. 1797, p. 493, § 1. This section was previously repealed by 1969, No. 298 (Adj. Sess.), § 79. The subject matter for former § 941 is now covered by § 906 of this title.

    § 942. Definitions.

    As used in this title:

    1. "Accredited postsecondary institution" means a postsecondary institution that has been accredited by the New England Association of Schools and Colleges or another regional accrediting agency recognized by the U.S. Department of Education.
    2. "Approved provider" means an entity approved by the Secretary to provide educational services that may be awarded credits or used to determine proficiency necessary for a high school diploma.
    3. "Blended learning" means a formal education program in which content and instruction are delivered both in a traditional classroom setting and through virtual learning.
    4. "Career development" means the identification of student interests and aptitudes and the ability to link these to potential career paths and the training and education necessary to succeed on these paths.
    5. "Carnegie unit" means 125 hours of class or contact time with a teacher over the course of one year at the secondary level.
    6. "Local adult education and literacy provider" means an entity that is awarded federal or State grant funds to conduct adult education and literacy activities.
    7. "Dual enrollment" means enrollment by a secondary student in a course offered by an accredited postsecondary institution and for which, upon successful completion of the course, the student will receive:
      1. secondary credit toward graduation from the secondary school in which the student is enrolled; and
      2. postsecondary credit from the institution that offered the course if the course is a credit-bearing course at that institution.
    8. "Early college" means full-time enrollment, pursuant to subsection 4011(e) of this title, by a 12th grade Vermont student for one academic year in a program offered by a postsecondary institution in which the credits earned apply to secondary school graduation requirements.
    9. "Flexible pathways to graduation" means any combination of high-quality academic and experiential components leading to secondary school completion and postsecondary readiness, which may include assessments that allow the student to apply his or her knowledge and skills to tasks that are of interest to that student.
    10. "Personalized learning plan" and "PLP" mean documentation of an evolving plan developed on behalf of a student in an ongoing process involving a secondary student, a representative of the school, and, if the student is a minor, the student's parents or legal guardian and updated at least annually by November 30; provided, however, that a home study student and the student's parent or guardian shall be solely responsible for developing a plan. The plan shall be developmentally appropriate and shall reflect the student's emerging abilities, aptitude, and disposition. The plan shall define the scope and rigor of academic and experiential opportunities necessary for a secondary student to complete secondary school successfully, attain postsecondary readiness, and be prepared to engage actively in civic life. While often less formalized, personalized learning and personalized instructional approaches are critical to students in kindergarten through grade 6 as well.
    11. "Postsecondary planning" means the identification of education and training programs after high school that meet a student's academic, vocational, financial, and social needs and the identification of financial assistance available for those programs.
    12. "Postsecondary readiness" means the ability to enter the workforce or to pursue postsecondary education or training without the need for remediation.
    13. "Virtual learning" means learning in which the teacher and student communicate concurrently through real-time telecommunication. "Virtual learning" also means online learning in which communication between the teacher and student does not occur concurrently and the student works according to his or her own schedule.

      Added 2013, No. 77 , § 1; amended 2017, No. 49 , § 38, eff. May 23, 2017.

    History

    Amendments--2017. Subdiv. (6): Amended generally.

    § 943. High School Completion Program.

    1. There is created a High School Completion Program to be a potential component of a flexible pathway for any Vermont student who is at least 16 years of age, who has not received a high school diploma, and who may or may not be enrolled in a public or approved independent school.
    2. If a person who wishes to work on a personalized learning plan leading to graduation through the High School Completion Program is not enrolled in a public or approved independent school, then the Secretary shall assign the prospective student to a high school district, which shall be the district of residence whenever possible. The school district in which a student is enrolled or to which a nonenrolled student is assigned shall work with the local adult education and literacy provider that serves the high school district and the student to develop a personalized learning plan. The school district shall award a high school diploma upon successful completion of the plan.
    3. The Secretary shall reimburse, and net cash payments where possible, a school district that has agreed to a personalized learning plan developed under this section in an amount:
      1. established by the Secretary for the development and ongoing evaluation and revision of the personalized learning plan and for other educational services typically provided by the assigned district or an approved independent school pursuant to the plan, such as counseling, health services, participation in cocurricular activities, and participation in academic or other courses; provided, however, that this amount shall not be available to a school district that provides services under this section to an enrolled student; and
      2. negotiated by the Secretary and the local adult education and literacy provider, with the approved provider, for services and outcomes purchased from the approved provider on behalf of the student pursuant to the personalized learning plan.

        Added 2013, No. 77 , § 1; amended 2013, No. 77 , §§ 4, 5; 2017, No. 49 , § 39, eff. May 23, 2017.

    History

    Amendments--2017. Subsec. (a): Substituted "of age" for "old" following "16 years".

    Subsec. (b): Substituted "local adult education and literacy provider that serves the high school district" for "contracting agency".

    Subdiv. (c)(2): Substituted "local adult education and literacy provider" for "contracting agency".

    Amendments--2013. Section amended generally.

    Redesignation of section. This section, which was originally enacted as § 1049a of this title, was redesignated as § 943 pursuant to 2013, No. 77 , § 4.

    § 944. Dual Enrollment Program.

    1. Program creation.  There is created a statewide Dual Enrollment Program to be a potential component of a student's flexible pathway. The Program shall include college courses offered on the campus of an accredited postsecondary institution and college courses offered by an accredited postsecondary institution on the campus of a secondary school. The Program may include online college courses or components.
    2. Students.
      1. A Vermont resident who has completed grade 10 but has not received a high school diploma is eligible to participate in the Program if:
        1. the student:
          1. is enrolled in:
            1. a Vermont public school, including a Vermont career technical center;
            2. a public school in another state or an approved independent school that is designated as the public secondary school for the student's district of residence; or
            3. an approved independent school in Vermont to which the student's district of residence pays publicly funded tuition on behalf of the student;
          2. is assigned to a public school through the High School Completion Program; or
          3. is a home study student;
        2. dual enrollment is an element included within the student's personalized learning plan; and
        3. the secondary school and the postsecondary institution have determined that the student is sufficiently prepared to succeed in a dual enrollment course, which can be determined in part by the assessment tool or tools identified by the participating postsecondary institution.
      2. An eligible student may enroll in up to two dual enrollment courses prior to completion of secondary school for which neither the student nor the student's parent or guardian shall be required to pay tuition. A student may enroll in courses offered while secondary school is in session and during the summer.
    3. Public postsecondary institutions.  The Vermont State Colleges and the University of Vermont shall work together to provide dual enrollment opportunities throughout the State.
      1. When a dual enrollment course is offered on a secondary school campus, the public postsecondary institution shall:
        1. retain authority to determine course content; and
        2. work with the secondary school to select, monitor, support, and evaluate instructors.
      2. The public postsecondary institution shall maintain the postsecondary academic record of each participating student and provide transcripts on request.
      3. To the extent permitted under the Family Educational Rights and Privacy Act, the public postsecondary institution shall collect and send data related to student participation and success to the student's secondary school and the Secretary and shall send data to the Vermont Student Assistance Corporation necessary for the Corporation's federal reporting requirements.
      4. The public postsecondary institution shall accept as full payment the tuition set forth in subsection (f) of this section.
    4. Secondary schools.  Each school identified in subdivision (b)(1) of this section that is located in Vermont shall:
      1. provide access for eligible students to participate in any dual enrollment courses that may be offered on the campus of the secondary school;
      2. accept postsecondary credit awarded for dual enrollment courses offered by a Vermont public postsecondary institution under this section as meeting secondary school graduation requirements;
      3. collect enrollment data as prescribed by the Secretary for longitudinal review and evaluation;
      4. identify and provide necessary support for participating students and continue to provide services for students with disabilities; and
      5. provide support for a seamless transition to postsecondary enrollment upon graduation.
    5. Program management.  The Agency shall manage or may contract for the management of the Dual Enrollment Program in Vermont by:
      1. marketing the Dual Enrollment Program to Vermont students and their families;
      2. assisting secondary and postsecondary partners to develop memoranda of understanding, when requested;
      3. coordinating with secondary and postsecondary partners to understand and define student academic readiness;
      4. convening regular meetings of interested parties to explore and develop improved student support services;
      5. coordinating the use of technology to ensure access and coordination of the Program;
      6. reviewing program costs;
      7. evaluating all aspects of the Dual Enrollment Program and ensuring overall quality and accountability; and
      8. performing other necessary or related duties.
    6. Tuition and funding.
      1. Tuition shall be paid to public postsecondary institutions in Vermont as follows:
        1. For any course for which the postsecondary institution pays the instructor, tuition shall be paid to the postsecondary institution in an amount equal to the tuition rate charged by the Community College of Vermont (CCV) at the time the dual enrollment course is offered; provided however, that tuition paid to CCV under this subdivision (A) shall be in an amount equal to 90 percent of the CCV rate.
        2. For any course that is taught by an instructor who is paid as part of employment by a secondary school, tuition shall be paid to the postsecondary institution in an amount equal to 20 percent of the tuition rate charged by the Community College of Vermont at the time the dual enrollment course is offered.
      2. The State shall pay 50 percent of the tuition owed to public postsecondary institutions under subdivision (1)(A) of this subsection from the Next Generation Initiative Fund created in section 2887 of this title and 50 percent from funds appropriated from the Education Fund, notwithstanding subsection 4025(b) of this title.
      3. If it agrees to the terms of subsection (c) of this section, an accredited private postsecondary institution in Vermont approved pursuant to section 176 of this title shall receive tuition pursuant to subdivisions (1) and (2) of this subsection (f) for each eligible student it enrolls in a college-level course under this section.
    7. Private and out-of-state postsecondary institutions.  Nothing in this section shall be construed to limit a school district's authority to enter into a contract for dual enrollment courses with an accredited private or public postsecondary institution not identified in subsection (c) of this section located in or outside Vermont. The school district may negotiate terms different from those set forth in this section, including the amount of tuition to be paid. The school district may determine whether enrollment by an eligible student in a course offered under this subsection shall constitute one of the two courses authorized by subdivision (b)(2) of this section.
    8. Number of courses.  Nothing in this section shall be construed to limit a school district's authority to pay for more than the two courses per eligible student authorized by subdivision (b)(2) of this section; provided, however, that payment under subdivision (f)(2) of this section shall not be made for more than two courses per eligible student.
    9. Other postsecondary courses.  Nothing in this section shall be construed to limit a school district's authority to award credit toward graduation requirements to a student who receives prior approval from the school and successfully completes a course offered by an accredited postsecondary institution that was not paid for by the district pursuant to this section. The school district shall determine the number and nature of credits it will award to the student for successful completion of the course, including whether the course will satisfy one or more graduation requirements, and shall inform the student prior to enrollment. Credits awarded shall be based on performance and not solely on Carnegie units; provided, however, that unless the school district determines otherwise, a three-credit postsecondary course shall be presumed to equal one-half of a Carnegie unit. A school district shall not withhold approval or credit without reasonable justification. A student may request that the superintendent review the district's determination regarding course approval or credits. The superintendent's decision shall be final.
    10. Reports.  Notwithstanding 2 V.S.A. § 20(d) , the Secretary shall report to the House and Senate Committees on Education annually in January regarding the Dual Enrollment Program, including data relating to student demographics, levels of participation, marketing, and program success.

      Added 2013, No. 77 , § 1; amended 2015, No. 58 , § E.504.1.

    History

    Amendments--2015. Subdiv. (f)(1): Deleted "the student's school district of residence shall pay" following "instructor" and inserted "shall be paid" preceding "to the postsecondary" in subdivs. (A) and (B).

    Subdiv. (f)(2): Amended generally.

    ANNOTATIONS

    1. Constitutionality.

    Court agreed with appellants' contention that they would likely succeed in showing that, as applied, the Dual Enrollment Program's "publicly funded" requirement violated their First Amendment right to freely exercise their religion, and that the equities favored preliminary injunctive relief. The district court abused its discretion by denying their motion for a preliminary injunction. A.H. v. French, - F.3d - (2d Cir. Jan. 15, 2021).

    § 945. Adult Diploma Program; General Educational Development Program.

    1. The Secretary shall maintain an Adult Diploma Program (ADP), which shall be an assessment process administered by the Agency through which an individual who is at least 20 years of age can receive a local high school diploma granted by one of the Program's participating high schools.
    2. The Secretary shall maintain a General Educational Development (GED) Program, which it shall administer jointly with the GED testing service and approved local testing centers and through which an adult individual who is at least 16 years of age and who is not enrolled in secondary school can receive a secondary school equivalency certificate based on successful completion of the GED tests.
    3. The Secretary may provide additional programs designed to address the individual needs and circumstances of adult students, particularly students with the lowest levels of literacy skills.

      Added 2013, No. 77 , § 1; amended 2013, No. 77 , §§ 6, 7; 2019, No. 131 (Adj. Sess.), § 69.

    History

    Amendments--2019 (Adj. Sess.). Substituted "of age" for "old" in subsecs. (a) and (b).

    Amendments--2013. Section amended generally.

    Redesignation of section. This section, which was originally enacted as § 1049 of this title, was redesignated as § 945 pursuant to 2013, No. 77 , § 6.

    § 946. Early college.

    1. For each grade 12 Vermont student enrolled, the Secretary shall pay an amount equal to 87 percent of the base education amount to:
      1. the Vermont Academy of Science and Technology (VAST); and
      2. an early college program other than the VAST program that is developed and operated or overseen by the University of Vermont, by one of the Vermont State Colleges, or by an accredited private postsecondary school located in Vermont and that is approved for operation by the Secretary; provided, however, when making a payment under this subdivision (2), the Secretary shall not pay more than the tuition charged by the institution.
    2. The Secretary shall make the payment pursuant to subsection (a) of this section directly to the postsecondary institution, which shall accept the amount as full payment of the student's tuition.
    3. A student on whose behalf the Secretary makes a payment pursuant to subsection (a) of this subsection:
      1. shall be enrolled as a full-time student in the institution receiving the payment for the academic year for which payment is made;
      2. shall not be enrolled concurrently in a secondary school operated by the student's district of residence or to which the district pays tuition on the student's behalf; and
      3. shall not be included in the average daily membership of any school district for the academic year for which payment is made; provided, however, that if more than five percent of the grade 12 students residing in a district enroll in an early college program, then the district may include the number of students in excess of five percent in its average daily membership; but further provided that a student in grade 12 enrolled in a college program shall be included in the percentage calculation only if, for the previous academic year, the student was enrolled in a school maintained by the district or was a student for whom the district paid tuition to a public or approved independent school.
    4. A postsecondary institution shall not accept a student into an early college program unless enrollment in an early college program was an element of the student's personalized learning plan.

      Added 2017, No. 49 , § 30, eff. May 23, 2017.

    History

    Redesignation of section - 2017. This section, which was originally enacted as subsec. 4011(e) of this title, was redesignated as § 946 pursuant to 2017, No. 49 , §§ 29 and 30, eff. May 23, 2017.

    § 947. Early college program; report; appropriation.

    1. Notwithstanding 2 V.S.A. § 20(d) , any postsecondary institution receiving funds pursuant to section 946 of this title shall report annually in January to the Senate and House Committees on Education regarding the level of participation in the institution's early college program, the success in achieving the stated goals of the program to enhance secondary students' educational experiences and prepare them for success in college and beyond, and the specific results for participating students relating to programmatic goals.
    2. In the budget submitted annually to the General Assembly pursuant to 32 V.S.A. chapter 5, the Governor shall include the recommended appropriation for all early college programs to be funded pursuant to section 946 of this title, including the VAST program, as a distinct amount.

      Added 2017, No. 49 , § 32, eff. May 23, 2017.

    History

    Redesignation of section - 2017. This section, which was originally enacted as § 4011a of this title, was redesignated as § 947 pursuant to 2017, No. 49 , §§ 31 and 32, eff. May 23, 2017.

    Subchapter 3. Secondary Schools

    § 971. Repealed. 1969, No. 298 (Adj. Sess.), § 79.

    History

    Former § 971. Former § 971, relating to junior high schools, was derived from V.S. 1947, § 4366; 1937, No. 73 , § 3; 1935, No. 89 , § 16; P.L. § 4300; G.L. § 1294; 1915, No. 69 , § 4.

    § 972. Repealed. 1975, No. 48, § 14, eff. April 15, 1975.

    History

    Former § 972. Former § 972, relating to junior-senior high schools, was derived from V.S. 1947, § 4368; P.L. § 4302; G.L. § 1296; 1915, No. 69 , § 7.

    § 973. Repealed. 1969, No. 298 (Adj. Sess.), § 79.

    History

    Former § 973. Former § 973, relating to high school courses and teachers, was derived from 1949, No. 101 , § 2; V.S. 1947, § 4342; 1937, No. 73 , § 2; P.L. § 4278; 1933, No. 157 , § 4004; G.L. § 1277; 1917, No. 254 , § 1239; 1912, No. 62 , § 20; 1908, No. 39 ; P.S. § 1016; R. 1906, § 932; 1904, No. 37 , § 4; 1902, No. 27 , § 4, and amended by 1963, No. 13 , § 2. For present provision relating to courses of study, see § 906 of this title.

    §§ 974, 975. Repealed. 1975, No. 48, § 14, eff. April 15, 1975.

    History

    Former §§ 974, 975. Former § 974, relating to entrance qualifications of high school pupils and certificates of completion of elementary school, was derived from V.S. 1947, § 4346; 1935, No. 89 , § 8; P.L. § 4281; G.L. § 1279; 1917, No. 254 , § 1241; 1915, No. 64 , § 70; 1915, No. 69 , §§ 4, 7; 1910, No. 68 , § 2; P.S. § 1019; 1906, No. 51 , § 2.

    Former § 975, relating to certificate of completion of elementary school from another school district, was derived from V.S. 1947, § 4347; 1935, No. 89 , § 9; P.L. § 4282; G.L. § 1280; 1917, No. 254 , § 1242; 1910, No. 68 , § 8.

    § 976. Repealed. 1969, No. 298 (Adj. Sess.), § 79.

    History

    Former § 976. Former § 976, relating to entrance qualifications of high school pupils who did not attend elementary school in Vermont, was derived from V.S. 1947, § 4348; P.L. § 4283; G.L. § 1281; 1917, No. 254 , § 1243; 1910, No. 68 , § 5.

    Subchapter 4. Vocational Training

    §§ 1021 Repealed. 1969, No. 298 (Adj. Sess.), § 79.

    History

    Former § 1021. Former § 1021, relating to vocational courses in junior and junior-senior high schools, was derived from V.S. 1947, § 4370; 1947, No. 202 , § 4341, 1935, No. 89 , § 17; P.L. § 4304; G.L. § 1298; 1917, No. 254 , § 1260; 1915, No. 69 , §§ 8, 10, 11, and amended by 1963, No. 7 , § 1.

    §§ 1022-1025. Repealed. 1963, No. 7, § 2.

    History

    Former §§ 1022-1025. Former § 1022, relating to apportionment of expenses of vocational courses, was derived from V.S. 1947, § 4371; 1947, No. 202 , § 4342; P.L. § 4306; G.L. § 1300; 1915, No. 69 , § 12.

    Former § 1023, relating to provision of land for instruction in gardening and agriculture, was derived from V.S. 1947, § 4372; P.L. § 4307; G.L. § 1301; 1915, No. 69 , §§ 9, 12.

    Former § 1024, relating to funds for vocational courses, was derived from V.S. 1947, § 4373; P.L. § 4308; G.L. § 1302; 1917, No. 58 ; 1915, No. 69 , § 14.

    Former § 1025, relating to vocational courses in high schools and state aid, was derived from V.S. 1947, §§ 4343, 4344; P.L. §§ 4279, 4280; 1931, No. 27 ; G.L. § 1278; 1917, No. 64 § 3; 1912, No. 74 , § 1; 1908, No. 40 , § 1.

    § 1026. Repealed. 1969, No. 298 (Adj. Sess.), § 79.

    History

    Former § 1026. Former § 1026, relating to payment of tuition by districts not having high school vocational courses, was derived from 1951, No. 93 ; V.S. 1947, § 4345; 1947, No. 67 , and amended by 1961, No. 194 .

    § 1027. Repealed. 1983, No. 247 (Adj. Sess.), § 4(4).

    History

    Former § 1027. Former § 1027, relating to vocational courses in high schools, was derived from 1969, No. 298 (Adj. Sess.), § 66. The subject matter is now covered by chapter 37 of this title.

    § 1028. Repealed. 1983, No. 247 (Adj. Sess.), § 4(5).

    History

    Former § 1028. Former § 1028, relating to equipment replacement fund, was derived from 1979, No. 201 (Adj. Sess.), § 1.

    Subchapter 5. Student Driver Education and Training Program

    §§ 1041-1044. Repealed. 1969, No. 298 (Adj. Sess.), § 79.

    History

    Former §§ 1041-1044. Former §§ 1041-1044, relating to student driver education and training courses, were derived from 1966, No. 65 (Sp. Sess.), §§ 2-5.

    § 1045. Driver training course.

    1. A driver education and training course, approved by the Agency of Education and the Department of Motor Vehicles, shall be made available to students whose parent or guardian is a resident of Vermont and who have reached their 15th birthday and who are regularly enrolled in a public or independent high school approved by the State Board.
    2. After June 30, 1984, all driver education courses shall include a course of instruction approved by the State Board and the council on the effects of alcohol and drugs on driving.
    3. All driver education courses shall include instruction on motor vehicle liability insurance and the motor vehicle financial responsibility laws of the State.
    4. All driver education courses shall include instruction on the adverse environmental, health, economic, and other effects of unnecessary idling of motor vehicles and on the law governing prohibited idling of motor vehicles.

      Added 1969, No. 298 (Adj. Sess.), § 69; amended 1975, No. 1 (Sp. Sess.), § 10, eff. Oct. 22, 1975; 1983, No. 51 , § 5, eff. April 22, 1983; 1985, No. 77 , § 6; 1991, No. 24 , § 11; 2013, No. 57 , § 29.

    History

    2013 (Adj. Sess.). Substituted "Agency" for "Department" and "students" for "pupils" in accordance with 2013, No. 92 (Adj. Sess.), § 302.

    - 1969 (Adj. Sess.). Sections 1045-1048 of this title were enacted as §§ 1005-1008 but were renumbered to conform to V.S.A. classification.

    Amendments--2013 Subsec. (d): Added.

    Amendments--1991. Subsec. (a): Substituted "independent" for "private" preceding "high school".

    Amendments--1985. Subsec. (c): Added.

    Amendments--1983. Designated existing provisions of the section as subsec. (a) and subsec. (b).

    Amendments--1975 (Sp. Sess.). Deleted "and consisting of at least thirty hours of classroom instruction and at least six hours of behind the wheel instruction" following "vehicles".

    Cross References

    Cross references. Learner's permit, see 23 V.S.A. § 617.

    Motor vehicle financial responsibility and liability insurance generally, see 23 V.S.A. chapter 11.

    § 1046. Arrangement.

    Subject to the approval of the Secretary, each superintendent shall arrange for the establishment of a driver education and training course for all public and approved independent schools located within his or her jurisdiction that so request.

    Added 1969, No. 298 (Adj. Sess.), § 70; amended 1991, No. 24 , § 5; 2013, No. 92 (Adj. Sess.), § 106, eff. Feb. 14, 2014.

    History

    1969 (Adj. Sess.). Section renumbered, see note set out under § 1045 of this title.

    Amendments--2013 (Adj. Sess.). Substituted "Secretary" for "commissioner" and amended section generally.

    Amendments--1991. Section amended generally.

    § 1047. State to pay costs.

    The State shall pay to each school providing an approved driver education and training course an amount per pupil instructed in driver education to be determined annually by the General Assembly.

    Added 1969, No. 298 (Adj. Sess.), § 71; amended 1975, No. 1 (Sp. Sess.), § 11, eff. Oct. 22, 1975; 2019, No. 131 (Adj. Sess.), § 70.

    History

    1969 (Adj. Sess.). Section renumbered, see note set out under § 1045 of this title.

    Amendments--2019 (Adj. Sess.). Substituted "General Assembly" for "Legislature".

    Amendments--1975 (Sp. Sess.). Section amended generally.

    § 1047a. Driver's education grants.

    1. The purpose of the driver's education grant program is to provide increased availability and quality of driver's education programs for Vermont students to prepare them for the responsibilities and requirements of safely operating a motor vehicle.
    2. The Commissioner of Motor Vehicles and the Secretary of Education shall cooperatively establish and implement a driver's education grant program that improves the availability and quality of driver's education programs. Eligible applicants shall include Vermont public secondary and career and technical centers and supervisory unions on behalf of a school or schools. Grant awards shall be up to $12,500.00. Eligible activities shall include one or more of the following:
      1. proposals and activities that result in increased parental involvement;
      2. increased availability of driver's education, including reducing waiting lists;
      3. increased exposure to nighttime driving;
      4. increased exposure to diverse weather conditions;
      5. costs associated with the purchase and use of simulators;
      6. increased practice with the operation of standard transmissions;
      7. creative proposals designed to reduce alcohol abuse among enrolled students, including peer counseling;
      8. training opportunities for educators; and
      9. purchase of materials and equipment designed to enhance curricula.

        Added 1999, No. 140 (Adj. Sess.), § 10; amended 2013, No. 92 (Adj. Sess.), § 107, eff. Feb. 14, 2014.

    History

    Amendments--2013 (Adj. Sess.). Subsec. (b): Substituted "Commissioner of Motor Vehicles and the Secretary of Education" for "commissioner of motor vehicles and the commissioner of education" preceding "shall" and "career and technical centers" for "vocational schools" preceding "and supervisory".

    § 1048. Administration.

    The administration of this subchapter, including the training and qualification of instructors and selection of instructional material and visual aids, shall be in the Agency.

    Added 1969, No. 298 (Adj. Sess.), § 72; amended 2013, No. 92 (Adj. Sess.), § 108, eff. Feb. 14, 2014.

    History

    1969 (Adj. Sess.). Section renumbered, see note set out under § 1045 of this title.

    Amendments--2013 (Adj. Sess.). Inserted "and" preceding "selection" and substituted "Agency" for "department of education".

    Subchapter 6. Adult Education and Literacy

    History

    2009. 2009, No. 44 , § 29 provides: "Pursuant to its statutory revision authority in 2 V.S.A. § 424, the legislative council is directed to amend Title 16:

    "(1) By replacing the term 'adult basic education' with the term 'adult education and literacy' wherever it appears."

    §§ 1049 Redesignated. 2013, No. 77, § 6.

    History

    Redesignation of 1049. Former § 1049, relating to the adult diploma and GED programs, was derived from 1977, No. 256 (Adj. Sess.); and amended by 1997, No. 59 , § 25; and 1999, No. 49 , § 196. For present provisions, see § 945 of this title.

    § 1049a. Redesignated. 2013, No. 77, § 4.

    History

    Redesignation of 1049a. Former § 1049a, relating to the high school completion program, was derived from 2005, No. 176 (Adj. Sess.), § 2 and amended by 2009, No. 33 , § 83(g)(2); and 2009, No. 44 , § 42. For present provisions, see § 943 of this title.

    CHAPTER 24. PERIODIC RELEASED TIME

    Sec.

    History

    Revision note. This chapter was enacted as Chapter 6 but was renumbered as Chapter 24 to conform to V.S.A. numbering.

    § 1051. Statement of public policy.

    It is the policy of the State of Vermont to cooperate with religious groups by adjusting the schedule of public schools to provide periodic released time for religious instruction, provided that such adjustments do not interfere with the conduct of secular educational programs in the schools.

    Added 1969, No. 260 (Adj. Sess.), eff. Sept. 1, 1970.

    § 1052. Definitions and construction.

    1. As used in this chapter, unless the context otherwise clearly requires:
      1. "Periodic released time" means time, occurring at least once weekly, during which public school students are released from school to attend religious education courses sponsored by and given under the authority of a religious group.
      2. "Religious group" means any association of persons for religious purposes, including any organization of religious denominations, communions, or traditions.
      3. "Periodic released time religious education course" means a course offered by a religious group during periodic released time.
    2. This chapter shall be construed liberally to carry out the policies stated in this chapter.

      Added 1969, No. 260 (Adj. Sess.), eff. Sept. 1, 1970; amended 2013, No. 92 (Adj. Sess.), § 111, eff. Feb. 14, 2014; 2019, No. 131 (Adj. Sess.), § 71.

    History

    Amendments--2019 (Adj. Sess.). Subsec. (b): Substituted "in this chapter" for "herein".

    Amendments--2013 (Adj. Sess.). Subsec. (a): Amended generally.

    § 1053. Duty to cooperate in periodic released time program.

    If requested by a religious group, the board of directors or trustees of a school district shall make available periodic released time, provided that the granting of released time will not interfere with the conduct of secular education programs within the school system. On request of a religious group, periodic released time religious education courses shall be included in public school catalogues and listings of course offerings, provided that all periodic released time religious education course offerings shall be identified as given under the provisions of this chapter.

    Added 1969, No. 260 (Adj. Sess.), eff. Sept. 1, 1970.

    § 1054. Prohibitions.

    1. No person shall conduct a periodic released time religious education course on public school property.
    2. No periodic released time program shall interfere with the completion by any student of requirements for graduation as established from time to time by the Agency.
    3. No administrator or teacher in a public school cooperating in a periodic released time program shall direct a student to take or not to take a periodic released time course.

      Added 1969, No. 260 (Adj. Sess.), eff. Sept. 1, 1970; amended 2013, No. 92 (Adj. Sess.), § 112, eff. Feb. 14, 2014.

    History

    Amendments--2013 (Adj. Sess.). Subsec. (b): Deleted "be conducted so as to" preceding "interfere" and substituted "Agency" for "state department of education".

    § 1055. Conditions.

    1. No student may take a periodic released time religious education course without first having obtained:
      1. written permission from parent or guardian containing a release of the school from all legal responsibility for the student while engaged in the periodic released time program; and
      2. written permission from the sponsoring religious group to attend such course.
    2. All costs of periodic released time religious education courses shall be borne by the sponsoring religious group.

      Added 1969, No. 260 (Adj. Sess.), eff. Sept. 1, 1970.

    CHAPTER 25. ATTENDANCE AND DISCIPLINE

    Cross References

    Cross references. Attendance registers, see chapter 29 of this title.

    Subchapter 1. General Provisions

    § 1071. School year and school day.

    1. Minimum number of days.  Except as provided in this section, each public school shall be maintained and operated for:
      1. At least 175 student attendance days in each school year. For purposes of this section, a majority of students enrolled in a school must be recorded on the school roll as in attendance on any day counted as a student attendance day.
      2. At least five teacher in-service education days, during which time activities shall be conducted without students present in order to increase the competency of the staff, improve the curriculum of the school, enable teachers to attend State educational meetings, or disseminate student progress information to parents or the community.
    2. Hours of operation.  Within the minimum set by the State Board, the school board shall fix the number of hours that shall constitute a school day, subject to change upon the order of the State Board.
    3. Unanticipated closings.  When a public school is closed for cause beyond the control of the school board, it may petition the State Board for a waiver of the requirements of this section.  The petition shall be filed with the State Board within 10 days of each occurrence and not later than June 15 of the school year involved; and the State Board shall act on the petition at its next meeting.  If the petition is approved and a waiver granted, the school district shall be deemed to have satisfied the requirements of this section.  If the State Board fails to act at that meeting, the petition shall be deemed to have been approved and the waiver granted.
    4. [Repealed.]
    5. Regional calendar.  Before April 1 of each year, the superintendents of schools and the headmasters of public schools not managed by school boards in an area shall meet, and by majority vote, establish a uniform calendar within that area for the following school year. The calendar shall include student attendance days, periods of vacation, holidays, and teacher in-service education days and shall comply with subsection (a) of this section. Unless permitted by the Secretary, no area served by a regional career technical center shall be divided into two or more calendar regions.
    6. Additional days.  Nothing in this section prohibits a school from scheduling additional days for student attendance or teacher in-service education.  However, those days shall not conflict with any applicable school calendar.
    7. Upon application of one or more school districts, after approval by the voters of each such district, the State Board may grant a waiver of the requirements of subsection (a) of this section if it is satisfied that equivalent educational programming will be maintained or improved. The waiver may be granted for any purpose, including the conservation of energy.

      Amended 1969, No. 298 (Adj. Sess.),§§ 7, 79; 1971, No. 17 ; 1979, No. 155 (Adj. Sess.); 1981, No. 47 , § 1; 1983, No. 163 (Adj. Sess.); 1991, No. 204 (Adj. Sess.), § 7; 1995, No. 130 (Adj. Sess.), § 1; 1999, No. 49 , § 22, eff. June 2, 1999; 2013, No. 92 (Adj. Sess.), § 113, eff. Feb. 14, 2014.

    History

    Source. 1951, No. 84 , § 1. V.S. 1947, § 4305. 1943, No. 58 , § 1. 1935, No. 89 , § 2. P.L. § 4241. G.L. § 1242. 1917, No. 254 , § 1205. 1915, No. 64 , §§ 45, 46. 1910, No. 65 , § 13. 1910, No. 72 . P.S. §§ 1003, 1024. V.S. §§ 683, 705. 1894, No. 18 . 1892, No. 21 , § 2. 1888, No. 9 , §§ 97, 98, 99, 163, 165. R.L. §§ 560, 677. 1886, No. 32 . 1884, No. 28 . 1882, No. 21 . 1880, No. 98 , § 1. 1872, No. 16 .

    2013 (Adj. Sess.). Inserted "career" before "technical center" in subsec. (e) in accordance with 2013, No. 92 (Adj. Sess.), § 302.

    Amendments--2013 (Adj. Sess.). Subdiv. (a)(1): Substituted "175" for "one hundred seventy-five" preceding "student".

    Subsec. (e): Substituted "Secretary" for "commissioner" in the third sentence.

    Subsec. (g): Inserted "of this section" following "subsection (a)".

    Amendments--1999. Subdiv. (a)(1): Added the second sentence.

    Amendments--1995 (Adj. Sess.) Subsec. (d): Repealed.

    Subsec. (e): Amended generally.

    Amendments--1991 (Adj. Sess.). Subsec. (e): Substituted "technical" for "vocational" preceding "center" in the second sentence.

    Amendments--1983 (Adj. Sess.). Section amended generally.

    Amendments--1981. Subsec. (d): Added.

    Amendments--1979 (Adj. Sess.). Subsec. (a): Added "except as provided in this section" preceding "each public" and deleted "and" following "hundred" in the first sentence and substituted "the school year" for "the aforesaid days" following "dividing" in the second sentence.

    Subsec. (b): Substituted "the requirements of" for "the number of school days required by" preceding "this section" in the first sentence and substituted "its" for "the" preceding "next meeting", deleted "of the state board" thereafter and made a minor change in punctuation in the second sentence.

    Subsec. (c): Added.

    Amendments--1971. Subsec. (b): Substituted "at the next meeting of the state board" for "within 15 days thereafter" following "petition" at the end of the second sentence and deleted "within the fifteen days" preceding "as specified" in the fourth sentence.

    Amendments--1969 (Adj. Sess.). Act No. 298, § 7 amended the section generally.

    Act No. 298, § 79 repealed former subsec. (a).

    § 1072. Legal holidays.

    All conditions of employment relating to legal holidays, including decisions such as the closing or opening of schools and compensation for work performed on a holiday, shall be proper matters for collective bargaining pursuant to chapter 57 of this title.

    Amended 1975, No. 48 , § 9, eff. April 15, 1975; 1985, No. 251 (Adj. Sess.), § 2; 2013, No. 92 (Adj. Sess.), § 114, eff. Feb. 14, 2014.

    History

    Source. 1955, No. 16 . V.S. 1947, § 4239. P.L. § 4195. G.L. § 1213. 1917, No. 254 , § 1176. 1915, No. 64 , § 111. 1910, No. 65 , § 15. P.S. § 1026. V.S. § 708. 1892, No. 21 , § 4. 1888, No. 9 , § 167. 1886, No. 28 .

    Amendments--2013 (Adj. Sess.). Section amended generally.

    Amendments--1985 (Adj. Sess.). Section amended generally.

    Amendments--1975. Section amended generally.

    Cross References

    Cross references. Designation of legal holidays, see 1 V.S.A. § 371.

    ANNOTATIONS

    1. Making up time on legal holiday.

    Teachers and superintendent who wish to take an extra day off, such as day after Thanksgiving, and make up time by teaching on a legal holiday, are not prevented from so doing by this section. 1936-38 Op. Atty. Gen. 229.

    Cited. , 1950-52 Op. Atty. Gen. 94.

    § 1073. "Legal pupil" defined; access to school.

    1. Definition.  "Legal pupil" means an individual who has attained the age of five years on or before January 1 next following the beginning of the school year. However, a school district may require that students admitted to kindergarten have attained the age of five on or before any date between August 31 and January 1.
    2. Access to school.
      1. Right to a public education.  No legal pupil attending school at public expense, including a married, pregnant, or parenting student, shall be deprived of or denied the opportunity to participate in or complete a public school education.
      2. Right to enroll in a public or independent school.  Notwithstanding the provisions of sections 822 and 1075 of this title, a pregnant or parenting student may enroll in any approved public school in Vermont or an adjacent state, any approved independent school in Vermont, or any other educational program approved by the State Board in which any other legal pupil in Vermont may enroll.
      3. Teen parent education program.
        1. Residential teen parent education programs.  The Secretary shall pay the educational costs for a pregnant or parenting student attending a State Board-approved teen parent education program in a 24-hour residential facility for up to eight months after the birth of the child. The Secretary may approve extension of payment of educational costs based on a plan for reintegration of the student into the community or for exceptional circumstances as determined by the Secretary. The district of residence of a student in a 24-hour residential facility shall remain responsible for coordination of the student's educational program and for planning and facilitating her subsequent educational program.
        2. Nonresidential teen parent education programs.
          1. The pregnant or parenting student's district of residence or the approved independent or public school to which that district pays tuition for its students (the enrolling school) shall be responsible for planning, coordinating, and assessing the enrolled student's education plan while attending a teen parent education program and for planning, assessing, and facilitating the student's subsequent education plan, including the student's transition back to the public or approved independent school. As determined by the district of residence or the enrolling school, as appropriate, the student's educational plan while attending a teen parent education program shall include learning experiences that are the substantial equivalent of the learning experiences required by the district of residence or the enrolling school to obtain a high school diploma.
          2. A pregnant or parenting student may attend a nonresidential teen parent education program for a length of time to be determined by agreement of the student's district of residence, the enrolling school, the teen parent education program, and the student.
          3. In the event of a dispute regarding any aspect of this subdivision (B), the district of residence, the enrolling school, the teen parent education program, or the student, or any combination of these, may request a determination from the Secretary whose decision shall be final; any determination by the Secretary regarding "substantial equivalency" pursuant to subdivision (i) of this subdivision (b)(3)(B) shall be based on the Secretary's analysis of the course syllabus or the course description provided by the district of residence or enrolling school.
    3. Prekindergarten and essential early education.  An individual who is not a legal pupil may be enrolled in a public school in a prekindergarten program offered by or through a public school pursuant to rules adopted under section 829 of this title or in a program of essential early education offered pursuant to section 2956 of this title.

      Amended 1971, No. 243 (Adj. Sess.), § 1; 1979, No. 124 (Adj. Sess.); 1983, No. 247 (Adj. Sess.), § 4(6); 1985, No. 71 , § 6; 1991, No. 21 , § 1; 1995, No. 157 (Adj. Sess.), § 4; 1997, No. 147 (Adj. Sess.), § 153a, eff. April 29, 1998; 2007, No. 62 , § 5; 2009, No. 44 , § 34, eff. May 21, 2009; 2013, No. 92 (Adj. Sess.), § 115, eff. Feb. 14, 2014; 2019, No. 131 (Adj. Sess.), § 72.

    History

    Source. V.S. 1947, § 4306. 1947, No. 202 , § 4278. P.L. § 4242. 1921, No. 51 . G.L. § 1243. 1917, No. 254 , § 1206. 1915, No. 64 , § 47. 1910, No. 69 , § 1. P.S. § 1027. 1900, No. 26 , § 1. 1898, No. 24 , § 1. V.S. § 709. 1892, No. 21 , § 1. 1892, No. 22 , § 1. 1888, No. 9 , § 150. R.L. § 675. 1870, No. 11 , § 3.

    Amendments--2019 (Adj. Sess.). Subsec. (a): Inserted "Definition."

    Subsec. (c): Inserted "Prekindergarten and essential early education."

    Amendments--2013 (Adj. Sess.). Section amended generally.

    Amendments--2009. Subsec. (b): Amended generally.

    Amendments--2007. Subsec. (c): Substituted "may" for "shall not" following "pupil", "in a prekindergarten program offered by or through a public school pursuant to rules adopted under section 829 of this title or" for "except for enrollment" following "public school", and "offered pursuant to section 2956 of this title" for "without the consent of the superintendent" following "education".

    Amendments--1997 (Adj. Sess.) Subsec. (b): Added "or for exceptional circumstances as determined by the commissioner" following "into the community" at the end of fourth sentence.

    Amendments--1995 (Adj. Sess.) Subsec. (b): Deleted "temporarily" following "attend" in the second sentence, added the third and fourth sentences, rewrote the fifth sentence, and deleted the sixth sentence.

    Amendments--1991. Subsec. (a): Added the second sentence.

    Subsec. (b): Substituted "pregnant or postpartum pupil" for "or pregnant individual" following "married" and inserted "participate in or" preceding "complete" in the first sentence, rewrote the second sentence, and added the third and fourth sentences.

    Amendments--1985. Section amended generally.

    Amendments--1983 (Adj. Sess.). Subdiv. (2): Repealed.

    Amendments--1979 (Adj. Sess.). Section amended generally.

    Amendments--1971 (Adj. Sess.). Section amended generally.

    ANNOTATIONS

    Analysis

    1. Birth record.

    Local school authorities are entirely within their legal rights when they require parents to present birth record for child whom they desire entered in first grade. 1942-44 Op. Atty. Gen. 108.

    2. Age.

    Both this section and section 794 of this title remove age as a barrier to the receipt of a public school education. Town School District of St Johnsbury v. Town School District of Topsham, 122 Vt. 268, 169 A.2d 352 (1961).

    Cited. Rutz v. Essex Junction Prudential Committee, 142 Vt. 400, 457 A.2d 1368 (1983); St. Johnsbury Academy v. D.H., 240 F.3d 163 (2d Cir. 2001).

    § 1074. Age of student; "between" defined.

    The word "between," as used in this title in respect to a specified age of a student, shall mean the period of time commencing on the birthday of the child when he or she becomes the age first specified and ending on the day next preceding the birthday of the child when he or she becomes the age last specified.

    Amended 2013, No. 92 (Adj. Sess.), § 116, eff. Feb. 14, 2014.

    History

    Source. V.S. 1947, § 4307. P.L. § 4243. G.L. § 1244. 1915, No. 64 , § 90.

    Amendments--2013 (Adj. Sess.). Substituted "student," for "pupil" preceding "shall" and "the" for "such" preceding "child" in two places; twice inserted "or she" following "he"; and twice deleted "of" following "becomes".

    § 1075. Legal residence defined; responsibility and payment of education of student.

    1. For the purpose of this title, except as otherwise set forth, the legal residence or residence of a student shall be as follows:
      1. In the case of a minor, legal residence is where his or her parents reside, except that:
        1. if the parents live apart, legal residence is where either parent resides, but if a parent with sole custody lives outside the State of Vermont, the student does not have a legal residence in Vermont;
        2. if the minor is in the custody of a legal guardian appointed by a Vermont court or a court of competent jurisdiction in another state, territory, or country, legal residence is where the guardian resides.
      2. In the case of a student who has reached the age of majority, legal residence is where the student resides.
      3. For the purposes of this title, "resident" of the State and of a school district means a natural person who is domiciled in the school district and who, if temporarily absent, demonstrates an intent to maintain a principal dwelling place in the school district indefinitely and to return there, coupled with an act or acts consistent with that intent.  The term "temporarily absent" includes those special cases listed in 17 V.S.A. § 2122(a) .  The term "residence" is synonymous with the term "domicile." A married person may have a domicile independent of the domicile of his or her spouse.  If a person removes to another town with the intention of remaining there indefinitely, that person shall be considered to have lost residence in the town in which the person originally resided even though the person intends to return at some future time.  A person may have only one residence at a given time.
    2. The Secretary shall determine the legal residence of all State-placed students pursuant to the provisions of this section. In all other cases, the student's legal residence shall be determined by the school board of the district in which the student is seeking enrollment or, if the student is seeking payment of tuition, the school board from which the student is seeking tuition payment. If a student is denied enrollment at any stage, the student and his or her parent or guardian shall be notified in writing, within 24 hours, of the provisions of this section. If the student is not in attendance as a result of a preliminary decision by school officials and a decision from the school board will not be available by the end of the second school day after the request for enrollment is made, the Secretary may issue a temporary order requiring enrollment. Any interested person or taxpayer who is dissatisfied with the decision of the school board as to the student's legal residence may appeal to the Secretary, who shall determine the student's legal residence, and the decision of the Secretary shall be final. Pending appeal under this subsection, the Secretary shall issue a temporary order requiring enrollment.
    3. State-placed students.
      1. A State-placed student in the legal custody of the Commissioner for Children and Families, other than one placed in a 24-hour residential facility and except as otherwise provided in this subsection, shall be educated by the student's school of origin, unless the student's education team determines that it is not in the student's best interests to attend the school of origin. The student's education team shall include, as applicable, the student, the student's parents and foster parents, the student's guardian ad litem and educational surrogate parent, representatives of both the school of origin and potential new school, and a representative of the Family Services Division of the Department for Children and Families. In the case of a dispute about whether it is in the student's best interests to attend the school of origin, the Commissioner for Children and Families shall make the final decision. As used in this section, "school of origin" means the school in which the child was enrolled at the time of placement into custody of the Commissioner for Children and Families, or in the case of a student already in the custody of the Commissioner for Children and Families, the school the student most recently attended.
      2. If a student is a State-placed student pursuant to subdivision 11(a)(28)(D)(i)(I) of this title, then the Department for Children and Families shall be responsible for the student's transportation to and from school, unless the receiving district chooses to provide transportation.
      3. A State-placed student not in the legal custody of the Commissioner for Children and Families, other than one placed in a 24-hour residential facility and except as otherwise provided in this subsection, shall be educated by the school district in which the student is living, unless an alternative plan or facility for the education of the student is agreed upon by the Secretary. In the case of dispute as to where a State-placed student is living, the Secretary shall conduct a hearing to determine which school district is responsible for educating the student. The Secretary's decision shall be final.
      4. A student who is in temporary legal custody pursuant to 33 V.S.A. § 5308(b)(3) or (4) and is a State-placed student pursuant to subdivision 11(a)(28)(D)(i)(II) of this title shall be enrolled, at the temporary legal custodian's discretion, in the district in which the student's parents reside, the district in which either parent resides if the parents live in different districts, the district in which the student's legal guardian resides, or the district in which the temporary legal custodian resides. If the student enrolls in the district in which the temporary legal custodian resides, the district shall provide transportation in the same manner and to the same extent it is provided to other students in the district. In all other cases, the temporary legal custodian is responsible for the student's transportation to and from school, unless the receiving district chooses to provide transportation.
      5. If a student who had been a State-placed student pursuant to subdivision 11(a)(28) of this title is returned to live in the district in which one or more of the student's parents or legal guardians reside, then, at the request of the student's parent or legal guardian, the Secretary may order the student to continue his or her enrollment for the remainder of the academic year in the district in which the student resided prior to returning to the parent's or guardian's district, and the student will continue to be funded as a State-placed student. Unless the receiving district chooses to provide transportation:
        1. If the student remains in the legal custody of the Commissioner for Children and Families, then the Department for Children and Families shall assume responsibility for the student's transportation to and from school.
        2. In all other instances under this subdivision (4), the parent or legal guardian is responsible for the student's transportation.
    4. [Repealed.]
    5. For the purposes of this title, the legal residence or residence of a child of homeless parents is the child's school of origin, as defined in subdivision (c)(1) of this section, unless the parents and another school district agree that the child's attendance in school in that school district will be in the best interests of the child. A "child of homeless parents" means a child whose parents:
      1. lack a fixed, regular, and adequate residence; or
      2. have a primary nighttime residence in a supervised publicly or privately operated shelter for temporary accommodations such as public assistance hotels, emergency shelters, battered women's shelters, and transitional housing facilities, or a public or private place not designated for, or ordinarily used as, a regular sleeping accommodation for human beings.
    6. For the purposes of this title, the legal residence of an alien, immigrant, or refugee child shall be determined in the same manner as in subsection (e) of this section, unless the child's parents have established a residence in the State.
    7. [Repealed.]
    8. For the purposes of this title, the legal residence or residence of an independent student is where the independent student resides. "Independent student" as used in this subsection means a child between the ages of 14 and 18 years who by the acts and expressions of the child and his or her parents or legal guardian has demonstrated that he or she is living separate and apart from his or her parents or legal guardian, is independent of the authority of his or her parents or legal guardian, and is not economically dependent upon his or her parents or legal guardian. For the purposes of this subsection, the term "independent student" shall also include "emancipated minor" as that term is defined in 12 V.S.A. § 7151(a) .
    9. The Commissioner for Children and Families shall continue to provide social services and financial support in accordance with section 2950 of this title on behalf of individuals under his or her care and custody while in a residential placement, until they reach their 19th birthday.
    10. A claim or statement of fact bearing on residency shall be subject to 13 V.S.A. § 3016 .
    11. [Repealed.]

      Amended 1967, No. 147 , § 25; 1973, No. 152 (Adj. Sess.), § 8, eff. April 14, 1974; 1975, No. 48 , § 10, eff. April 15, 1975; 1977, No. 194 (Adj. Sess.), § 1; 1979, No. 6 , § 1, eff. March 2, 1979; 1981, No. 153 (Adj. Sess.), § 2; 1985, No. 51 ; 1989, No. 187 (Adj. Sess.), § 5; 1989, No. 233 (Adj. Sess.), § 1; 1991, No. 21 , §§ 2, 3; 1995, No. 145 (Adj. Sess.), § 3; 1995, No. 157 (Adj. Sess.), §§ 5, 30(a)(2), 30(c), and § 29 (eff. July 1, 1997); 1995, No. 174 (Adj. Sess.), § 3; 2003, No. 36 , § 8; 2009, No. 44 , § 15, eff. May 21, 2009; 2011, No. 58 , § 10, eff. May 31, 2011; 2013, No. 92 (Adj. Sess.), § 117, eff. Feb. 14, 2014; 2017, No. 49 , § 28; 2019, No. 131 (Adj. Sess.), § 73.

    History

    Source. V.S. 1947, § 4308. P.L. § 4244. 1933, No. 157 , § 3969. 1927, No. 30 . 1925, No. 33 . G.L. § 1245. 1917, No. 254 , § 1208. 1915, No. 64 , §§ 48, 49, 75. 1908, No. 38 , § 1. P.S. § 1007. R. 1906, § 923. 1904, No. 36 , § 1. 1900, No. 21 , § 1. 1898, No. 23 , § 1.

    Amendments--2019 (Adj. Sess.). Subdiv. (c)(1): Substituted "interests" for "interest" in the first and third sentences.

    Amendments--2017. Subsec. (c): Amended generally.

    Subsec. (e): In the first sentence, substituted "the child's school of origin, as defined in subdivision (c)(1) of this section," for "where the child temporarily resides" preceding "unless" and deleted "in that continuity of education will be provided and transportation will not be unduly burdensome to the school district" following "child".

    Amendments--2013 (Adj. Sess.). Section amended generally.

    Amendments--2011. Subsec. (i): Substituted "for children and families" for "of social and rehabilitation services" following "commissioner" and "section" for "16 V.S.A. § " preceding "2950"; inserted "of this title" following "2950"; and substituted "19th" for "nineteenth" preceding "birthday".

    Amendments--2009. Subsec. (b): Added "pursuant to the provisions of this section" at the end of the first sentence.

    Subsec. (c): Added "State-placed students", added subdiv. (c)(1) designation, and added "and except as otherwise provided in this subsection" after "residential facility" in the first sentence.

    Subdivs. (c)(2) through (c)(4): Added.

    Amendments--2003. Subsec. (b): In the first sentence, inserted "the pupil's legal residence shall be determined by" preceding "the board" and substituted "seeking enrollment or, if the pupil is seeking payment of tuition, the board of directors from which the pupil is seeking tuition payment" for "living shall determine the pupil's legal residence".

    Amendments--1995 (Adj. Sess.) Subsec. (b): Act No. 157 substituted "state-placed students" for "pupils under the care and custody of a state agency or a licensed child placement agency" in the first sentence.

    Subsec. (c): Act No. 157 substituted "state-placed student, other than one placed in a 24-hour residential facility" for "pupil who is under the care and custody of a state agency or a child placement agency" at the beginning of the first sentence and added the second and third sentences.

    Subsec. (d): Repealed by Act No. 157.

    Subsec. (g): Repealed by Act. No. 157.

    Subsec. (h): Amended generally by Act No. 145.

    Subsec. (i): Act No. 157 substituted "16 V.S.A. § 2950" for "16 V.S.A. § 2948(e)".

    Subsec. (k): Repealed by Act No. 157.

    Amendments--1991. Substituted "pupils" for "pupil under custody of state agencies" following "education of" in the section heading and added subsec. (k).

    Amendments--1989 (Adj. Sess.). Subsec. (a): Amended generally by Act No. 233.

    Subsec. (b): Act No. 233 added the third and fourth sentences.

    Subsec. (d): Act No. 233 deleted "for expenses incurred on behalf of the child, but not to exceed" preceding "the calculated" and substituted "where the child receives educational services" for "of legal residence" preceding "during the second" in the second sentence.

    Subsec. (e): Added by Act No. 233.

    Subsec. (f): Added by Act No. 233.

    Subsec. (g): Added by Act No. 233.

    Subsec. (g): Act No. 187 inserted "and mental retardation" following "department of mental health".

    Subsec. (h): Added by Act No. 233.

    Subsec. (i): Added by Act No. 233.

    Subsec. (j): Added by Act No. 233.

    Amendments--1985. Subsec. (d): Rewrote the first sentence, substituted "calculated net cost" for "average" preceding "per pupil", "as defined in 16 V.S.A. § 825" for "cost of education" thereafter and "second preceding school year" for "school year immediately preceding" following "during the" in the second sentence and "daily" for "weekly" preceding "basis" in the third sentence, and deleted the fifth sentence.

    Amendments--1981 (Adj. Sess.). Subsec. (a): Deleted "private" preceding "legal guardian" in the first sentence and added the second sentence.

    Amendments--1979. Subsec. (b): Added the fourth sentence.

    Amendments--1977 (Adj. Sess.). Section amended generally.

    Amendments--1975. Substituted "placed" for "kept" following "where the pupil is" in the fourth sentence.

    Amendments--1973 (Adj. Sess.). Substituted "department of social and rehabilitation services" for "department of social welfare" in the fourth sentence.

    Amendments--1967. Section amended generally.

    ANNOTATIONS

    Analysis

    1. Married pupil.

    Where a minor student married, he became an emancipated minor, with full legal control of himself as a pupil, and his residence was where he was thereafter domiciled, and not necessarily where his parents resided. 1962-64 Op. Atty. Gen. 106.

    2. Pupil with no parent or guardian.

    A pupil who has no parent or legal guardian is under the legal control of a person who stands in the relation of in loco parentis to that pupil. 1962-64 Op. Atty. Gen. 92.

    When no one has legal control over a pupil, the school district in which the pupil resides is responsible for furnishing secondary education to him. 1962-64 Op. Atty. Gen. 92.

    3. Pupil under custody of state agency.

    Where this section provided that residence of a pupil in the care and custody of the Department of Social and Rehabilitation Services was where the pupil was placed and section 824 of this title required each school district to pay the tuition of its residents, district which had pupils in State's custody placed in a group home in the district was liable for their tuition when they were sent to a neighboring district's high school because district with the group home had no high school. Stoneman v. Vergennes Union High School District # 5, 139 Vt. 50, 421 A.2d 1307 (1980), overruled on other grounds, Cronin v. State (1987) 148 Vt. 252, 531 A.2d 929, reinstated, Libercent v. Aldrich (1987) 149 Vt. 76, 539 A.2d 981. (Decided under prior law.)

    4. Foster children.

    For purpose of school attendance and tuition therefor, residence of foster children is where they are placed. 1958-60 Op. Atty. Gen. 160.

    5. Appeal.

    In passing on appeal under this section, Commissioner acted in judicial or quasi-judicial capacity and therefore his act was reviewable in Supreme Court. Lewis v. Holden, 118 Vt. 59, 99 A.2d 758 (1953).

    Question of residence is one of fact for determination of Commissioner. 1946-48 Op. Atty. Gen. 79.

    Commissioner is without jurisdiction to determine respective liability of two towns for tuition payments of pupil. 1942-44 Op. Atty. Gen. 109.

    Cited. , 1942-44 Op. Atty. Gen. 106, 1950-52 Op. Atty. Gen. 91, 1952-54 Op. Atty. Gen. 113.

    § 1076. Penalties.

    1. A superintendent or truant officer who fails to perform the duties imposed on him or her by this chapter shall be fined not more than $100.00.
    2. A teacher who violates a provision of this chapter shall be fined not more than $25.00 nor less than $5.00.

      Amended 1967, No. 147 , § 26, eff. Oct. 1, 1968; 2013, No. 92 (Adj. Sess.), § 118, eff. Feb. 14, 2014.

    History

    Source. V.S. 1947, §§ 4330, 4331. P.L. §§ 4266, 4267. G.L. §§ 1267, 1268. 1917, No. 254 , §§ 1229, 1230. 1915, No. 64 , §§ 64, 65. P.S. §§ 1042, 1043, 1056. R. 1906, §§ 955, 1014. 1906, No. 52 , §§ 4, 5. 1904, No. 39 , § 2. 1898, No. 26 , § 1. 1896, No. 19 , § 9. V.S. §§ 714, 716, 718, 719, 721, 853. 1892, No. 22 , § 13. 1888, No. 9 , §§ 162, 240. 1886, No. 25 .

    Amendments--2013 (Adj. Sess.). Subsec. (a): Inserted "or her" following "him".

    Amendments--1967 Subsec. (a): Amended generally.

    § 1077. -1092. [Reserved for future use.].

    A school board may receive into the schools under its charge nonresident students under such terms and restrictions as it deems best, and money received for the instruction of the students shall be paid into the school fund of the district.

    Amended 2013, No. 92 (Adj. Sess.), § 120, eff. Feb. 14, 2014.

    History

    Source. V.S. 1947, § 4309. P.L. § 4245. G.L. § 1246. 1915, No. 64 , §§ 48, 60. P.S. § 1011. V.S. §§ 688, 830. 1892, No. 20 , § 8. 1888, No. 9 , §§ 106, 131. R.L. § 598. 1870, No. 10 , § 9.

    Amendments--2013 (Adj. Sess.). Substituted "students" for "pupils" in the section heading, "A school" for "The" preceding "board", "students" for "pupils" preceding "under", and "the students" for "such pupils" preceding "shall".

    ANNOTATIONS

    Analysis

    1. Discretion.

    Because 16 V.S.A. §§ 821-835 mandate local school boards to provide public schools for their own residents, Legislature intended to give school boards broad discretion in controlling influx of voluntary nonresident pupils via 16 V.S.A. § 1093. Dover Town School District v. Simon, 162 Vt. 630, 650 A.2d 514 (mem.) (1994).

    School districts have power to demand payment of nonresident pupil tuition directly from parents because, although 16 V.S.A. § 1093 does not explicitly authorize school districts to demand payment from parents, it implicitly gives school districts the discretion to do so. Dover Town School District v. Simon, 162 Vt. 630, 650 A.2d 514 (mem.) (1994).

    It is within sound discretion of school directors to refuse to accept into school under their control nonresident pupils and to dismiss any nonresident pupils attending such school. 1942-44 Op. Atty. Gen. 117, 1956-58 Op. Atty. Gen. 97.

    2. Paupers.

    School directors of town, in which paupers of school age from another town were kept, could receive them into schools under such terms and restrictions as they deemed best, and school directors of town liable for support of such paupers could provide for their instruction in public schools of town in which they were kept and pay for such instruction. Sheldon Poor House Association v. Town of Sheldon, 72 Vt. 126, 47 A. 542 (1900).

    3. Tuition.

    From context of this section and section 1094 of this title, it would seem that legislative intent was that tuition should be received by town furnishing schooling to nonresident pupil. 1942-44 Op. Atty. Gen. 117.

    Permitting a child to attend school without paying tuition, even though he is resident of another town, is not in any way penal offense, but it is better practice for school board to require tuition of all pupils who are not residents of town wherein they are attending school. 1942-44 Op. Atty. Gen. 117.

    § 1093. Nonresident students.

    Subchapter 2. Assignment of Pupils to Schools; Tuition

    Repealed. 2013, No. 92 (Adj. Sess.), § 119.

    History

    Repeal of former subchapter. This subchapter, relating to assignment of pupils to schools, tuition, which comprised former sections 1091, 1092, 1094, and 1095, and current section 1093, was repealed by 2013, No. 92 (Adj. Sess.), § 119, eff. February 14, 2014. Section 1093 is now part of subchapter 1, which comprises §§ 1071-1093.

    §§ 1091, 1092. Repealed. 1983, No. 11.

    History

    Former §§ 1091, 1092. Former § 1091, relating to preparation of list of legal pupils by clerk of school board, was derived from V.S. 1947, §§ 4311, 4312; P.L. §§ 4247, 4248; 1921, No. 53 ; G.L. §§ 1248, 1249; 1915, No. 64 , §§ 30, 32; 1910, No. 65 , § 9; P.S §§ 1000, 1001; R. 1906, § 918; 1898, No. 20 , § 6; V.S. §§ 680, 681; 1892, No. 20 , § 13; 1892, No. 21 , § 6; 1888, No. 9 , §§ 169, 170, and amended by 1959, No. 7 ; 1961, No. 67 .

    Former § 1092, relating to furnishing list of legal pupils to school board, assignment to schools, and change of schools, was derived from V.S. 1947, § 4313; P.L. § 4249; 1933, No. 157 , § 3974; G.L. § 1250; 1917, No. 254 , § 1213; 1915, No. 64 , §§ 21, 33; 1912, No. 63 , § 3; 1910, No. 65 , § 10; P.S. §§ 990, 1002, 1031; 1906, No. 52 , § 4; 1904, No. 39 , § 2; 1902, No. 26 , § 1; 1898, No. 20 , § 4; 1896, No. 19 , § 7; V.S. §§ 673, 682, 716; 1894, No. 16 , § 1; 1894, No. 23 , § 3; 1892, No. 20 , § 5; 1892, No. 21 , §§ 10, 13; 1892, No. 22 , § 8; 1888, No. 9 , § 129; R.L. §§ 597, 619, 622; 1878, No. 117 , § 1; 1876, No. 46 ; 1876, No. 52 , § 1; 1874, No. 33 , § 4; 1872, No. 18 , § 2; 1870, No. 10 , § 7; 1864, No. 58 ; G.S. 22, §§ 22, 109, 110; 1858, No. 1 , §§ 7, 8.

    §§ 1094, 1095. Repealed 1969, No. 298 (Adj. Sess.), § 79.

    History

    Former §§ 1094, 1095. Former § 1094, relating to nonresident elementary pupils in adjoining school districts, was derived from 1957, No. 138 ; 1953, No. 20 , § 1; 1951, No. 90 , § 1; 1949, No. 97 , § 1; V.S. 1947, § 4310; 1947, No. 65 ; P.L. § 4246; 1921, No. 52 , § 1; G.L. § 1247; 1915, No. 64 , § 61; P.S. § 1012; 1898, No. 25 , § 1, and amended by 1959, No. 11 ; 1967, No. 820 .

    Former § 1095, relating to children under care of the Department of Social Welfare, was derived from 1955, No. 199 , § 2; V.S. 1947, § 4359; 1941, No. 108 , § 2, and amended by 1967, No. 147 , § 27.

    Subchapter 3. Compulsory Attendance

    ANNOTATIONS

    Cited. In re T.M., 171 Vt. 1, 756 A.2d 793 (2000).

    § 1121. Attendance by children of school age required.

    A person having the control of a child between the ages of six and 16 years shall cause the child to attend a public school, an approved or recognized independent school, an approved education program, or a home study program for the full number of days for which that school is held, unless the child:

    1. is mentally or physically unable so to attend; or
    2. has completed the tenth grade; or
    3. is excused by the superintendent or a majority of the school directors as provided in this chapter; or
    4. is enrolled in and attending a postsecondary school, as defined in subdivision 176(b)(1) of this title, which is approved or accredited in Vermont or another state.

      Amended 1965, No. 46 , § 1, eff. May 5, 1965; 1967, No. 55 ; 1981, No. 151 (Adj. Sess.), § 2; 1987, No. 97 , § 2, eff. June 23, 1987; 1989, No. 44 , § 5, eff. June 1, 1990; 1999, No. 113 (Adj. Sess.), § 3; 2009, No. 44 , § 35, eff. May 21, 2009.

    History

    Source. V.S. 1947, § 4317. 1945, No. 65 , § 1. 1935, No. 89 , § 4. P.L. § 4253. 1933, No. 157 , § 3978. G.L. § 1254. 1917, No. 254 , § 1217. 1915, No. 64 , § 50. 1912, No. 75 , §§ 1, 2. 1910, No. 69 , §§ 2, 3, 4. P.S. § 1029. 1904, No. 39 , § 1. 1896, No. 19 , § 8. V.S. § 711. 1894, No. 26 , § 1. 1892, No. 22 , § 3. 1888, No. 9 , § 153. R.L. § 669. 1867, No. 35 , §§ 1, 3.

    Amendments--2009. Added ", an approved education program," after "independent school" in the introductory paragraph.

    Amendments--1999 (Adj. Sess.). Substituted "ages of six and 16 years" for "ages of seven and sixteen years" and "attend a public school" for "attend an approved public school" in the introductory paragraph; and added subdiv. (4).

    Amendments--1989. Substituted "recognized independent" for "reporting private" preceding "school or a home study" in the introductory paragraph.

    Amendments--1987. Section amended generally.

    Amendments--1981 (Adj. Sess.). Section amended generally.

    Amendments--1967. Designated existing provisions of the section as subsec. (a), substituted "equivalent" for "the same" preceding "education" in that subsec. and added subsec. (b).

    Amendments--1965 Substituted "continually" for "continuously" preceding "public school", "tenth grade" for "elementary school course or the rural school course and the first two years of the junior or senior high school course" following "completed the", and "majority of the school directors" for "school director" preceding "as provided".

    Cross References

    Cross references. Enrollment of child in home study program, see § 166b of this title.

    ANNOTATIONS

    Analysis

    1. Constitutionality.

    For purposes of challenge under Free Exercise Clause to statutory private school reporting requirements, the State has a compelling interest in regulating attendance and minimum course of study of students in private as well as public schools in order that all students obtain basic skills necessary to function as adults and citizens. State v. DeLaBruere, 154 Vt. 237, 577 A.2d 254 (1990).

    This section's requirement that parents or guardians send children between the ages of seven and sixteen to an approved or reporting private school burdened the free exercise of religion of defendant operating private religious school, even though reporting requirement did not amount to state control of course content, where defendant found the symbols of state regulation as religiously important as actuality of state control. State v. DeLaBruere, 154 Vt. 237, 577 A.2d 254 (1990).

    State could validly prosecute parents for truancy of child enrolled in religious school which did not meet private school reporting requirements; in their First Amendment challenge to the reporting statute, parents had emphasized the unity of interest of the church and the parents, and nothing in the record suggested church could not change its policies to comply with the statute or that parents could not control church policy, and parents made no attempt to reconcile the conflict between State requirements and church policy. State v. DeLaBruere, 154 Vt. 237, 577 A.2d 254 (1990).

    Where parents were charged with violation on only two days of truancy statute which proscribed failure to send the child to school "for the full number of days for which a school is held," double jeopardy claim was premature, but could be raised if parents were again prosecuted for failure to send their child to school in the same school year. State v. DeLaBruere, 154 Vt. 237, 577 A.2d 254 (1990).

    2. Information.

    Information charging parents with violation of truancy statute was not defective for failure to allege all essential elements of the crime; affidavit accompanying the information negated all statutory exceptions to the offense of truancy and parents had sufficient notice of the charges to form a defense. State v. DeLaBruere, 154 Vt. 237, 577 A.2d 254 (1990).

    3. Construction.

    This section's requirement that parents cause a child to attend school for "the full number of days for which the school is held," subject to enumerated exceptions, authorizes prosecution for truancy upon the failure to cause a child to attend school, even for one school day. State v. DeLaBruere, 154 Vt. 237, 577 A.2d 254 (1990).

    4. Tardiness or temporary absence.

    Words, "continuously for the full number of days for which such school is held," in this section were used by Legislature and intended for purpose of establishing compulsory attendance period in general sense, and had no reference to tardiness or even temporary absence not inconsistent with general design of requiring compulsory attendance of all pupils of school age, but left tardiness or temporary absences to be regulated and dealt with by constituted school authorities. State v. Burroughs, 102 Vt. 33, 145 A. 260 (1929).

    5. After commencement of school year.

    Child can be compelled to attend school when he reaches age mentioned in this section regardless of whether or not school year has commenced, but since real difficulties might arise by requiring child to start in school in middle of school year, circumstance can be taken care of by exercise of discretionary authority in school officials to excuse legal pupils from school attendance. 1944-46 Op. Atty. Gen. 94.

    6. Children under custody of State agency.

    Department of Social Welfare has responsibility imposed by this section as regards children committed to its custody. 1958-60 Op. Atty. Gen. 160.

    7. Prosecution.

    Truancy prosecution against parents, charging them for failure to cause their children of school age to attend school as required by this section, must be considered in the light of the fact that the charge was a criminal one, potentially subjecting defendants to criminal penalties; therefore, prosecutor had the burden of establishing by the requisite measure all the essential elements of the criminal act. State v. LaBarge, 134 Vt. 276, 357 A.2d 121 (1976).

    Cited. Palmer v. Bennington School District, Inc., 159 Vt. 31, 615 A.2d 498 (1992); 1940-42 Op. Atty. Gen. 137, 1950-52 Op. Atty. Gen. 84, 1958-60 Op. Atty. Gen. 69; In re T.M., 171 Vt. 1, 756 A.2d 793 (2000).

    Law review commentaries

    Law review. State regulation of private church-related schools, see 8 Vt. L. Rev. 75 (1983).

    § 1122. Students over 16.

    A person having the control of a child over 16 years of age who allows the child to become enrolled in a public school shall cause the child to attend the school continually for the full number of the school days of the term in which he or she is enrolled, unless the child is mentally or physically unable to continue or is excused in writing by the superintendent or a majority of the school directors. In case of such enrollment, the person and the teacher, child, superintendent, and school directors shall be under the laws and subject to the penalties relating to the attendance of children between the ages of six and 16 years.

    Amended 1965, No. 46 , § 2, eff. May 5, 1965; 2011, No. 58 , § 2, eff. May 31, 2011.

    History

    Source. V.S. 1947, § 4318. 1947, No. 202 , § 4290. P.L. § 4254. G.L. § 1255. 1917, No. 62 , § 1. 1915, No. 64 , § 51. 1912, No. 75 , § 3. 1908, No. 43 , § 1. P.S. § 1030. R. 1906, § 943. 1904, No. 39 , § 1.

    Amendments--2011. Substituted "six" for "seven" and made miscellaneous technical changes.

    Amendments--1965. Substituted "continually" for "continuously" preceding "for the full" and "majority of the school directors" for "school director" following "superintendent or a" in the first sentence.

    ANNOTATIONS

    1. Educational neglect and truancy .

    A child in need of care and supervision (CHINS) petition based on educational neglect and truancy against a child was not required to be dismissed as moot because he reached the age of sixteen before the merits hearing was held. In re A.V., 176 Vt. 568, 844 A.2d 739 (2003).

    Cited. , 1936-38 Op. Atty. Gen. 223.

    § 1123. Attendance may be excused.

    1. The superintendent of a public school may excuse, in writing, any student from attending the school for a definite time, but for not more than ten consecutive school days and only for emergencies or for absence from town.
    2. The superintendent of an elementary school held for more than 175 school days in a school year may excuse, in writing, a student of the school from attending more than 175 days.
    3. [Repealed.]

      Amended 2013, No. 56 , § 9, eff. May 30, 2013.

    History

    Source. V.S. 1947, §§ 4314-4316. 1937, No. 74 , § 1. 1935, No. 89 , § 3. P.L. §§ 4250-4252. G.L. §§ 1251-1253. 1917, No. 254 , § 1214. 1915, No. 64 , §§ 50, 52. 1912, No. 75 , §§ 1, 8. 1910, No. 69 , § 2. 1908, No. 43 , § 4. P.S. § 1029. 1904, No. 39 , § 1. 1896, No. 19 , § 8. V.S. § 711. 1894, No. 26 , § 1. 1892, No. 22 , § 3. 1888, No. 9 , § 153. R.L. § 669. 1867, No. 35 , §§ 1, 3.

    Amendments--2013 Subsec. (a): Amended generally.

    Subsec. (b): Amended generally.

    Subsec. (c): Repealed.

    ANNOTATIONS

    1. Inclusion in establishment of average daily attendance.

    Mere fact that certain officials can excuse pupil from school does not mean that such pupil can be marked "present" during such excused absence, and absence of lawful pupil from school, even though such absence be excused by proper authority, should be included in calculation used to establish average daily attendance of that school for purposes of determining State aid on equated pupil basis. 1940-42 Op. Atty. Gen. 152.

    Cited. State v. DeLaBruere, 154 Vt. 237, 577 A.2d 254 (1990).

    § 1124. Repealed. 2013, No. 56, § 15(1), eff. May 30, 2013.

    History

    Former § 1124. Former § 1124, relating to mentally or physically unfit pupils, was derived from V.S. 1947, § 4323; P.L. § 4259; G.L. § 1260; 1917, No. 254 , § 1222; 1915, No. 64 , § 56; 1912, No. 75 , § 7; 1908, No. 43 , § 3; P.S. § 1037; V.S. § 719; 1892, No. 22 , § 11; 1888, No. 9 , § 160; R.L. § 671; 1870, No. 13 , § 2.

    § 1125. Truant officers.

    1. A school board shall annually appoint one or more truant officers and record their appointments with the clerk of the school district on or before July 3.  State police, sheriffs, deputy sheriffs, constables, and police officers shall be truant officers ex officio.
    2. Truant officers shall receive remuneration for time actually spent in performance of their duties and shall be allowed their necessary expenses incurred in connection therewith.

      Added 1969, No. 298 (Adj. Sess.), § 73.

    History

    Former § 1125. Former § 1125, relating to pupil without suitable clothing, was derived from V.S. 1947, § 4324; P.L. § 4260; G.L. § 1261; 1917, No. 254 , § 1223; 1915, No. 64 , § 59; P.S. § 1035; R. 1906, § 948; 1904, No. 40 , § 1; V.S. § 717; 1894, No. 297 ; 1892, No. 22 , § 9, and repealed by 1967, No. 147 , § 53(b). See also history note for § 1125a of this title.

    § 1125a. Repealed. 2013, No. 56, § 15(2), eff. May 30, 2013.

    History

    Former § 1125a. Former § 1125a, relating to pupil without suitable clothing, was derived from 1967, No. 147 , § 28. See also history note for § 1125 of this title.

    § 1126. Failure to attend; notice.

    When a student between the ages of six and 16 years, who is not excused or exempted from school attendance, fails to enter school at the beginning of the academic year or, being enrolled, fails to attend the school, and when a student who is at least 16 years of age becomes enrolled in a public school and fails to attend, the teacher or principal shall notify the truant officer and either the superintendent or the school board, unless the teacher or principal is satisfied that the student is absent on account of illness.

    Amended 1965, No. 46 , § 3, eff. May 5, 1965; 1975, No. 48 , § 11, eff. April 15, 1975; 1999, No. 113 (Adj. Sess.), § 4; 2013, No. 92 (Adj. Sess.), § 121, eff. Feb. 14, 2014.

    History

    Source. V.S. 1947, § 4319. 1945, No. 65 , § 2. 1943, No. 59 , § 1. P.L. § 4255. G.L. § 1256. 1917, No. 62 , § 2. 1915, No. 64 , § 53. 1912, No. 75 , § 4. P.S. § 1032. 1906, No. 52 , § 4. 1904, No. 39 , § 2. V.S. § 716. 1894, No. 26 , § 3. 1892, No. 22 , § 8.

    Amendments--2013 (Adj. Sess.). Section amended generally.

    Amendments--1999 (Adj. Sess.). Substituted "ages of six and 16 years" for "ages of seven and sixteen years" and "become 16 years of age" for "become sixteen years of age".

    Amendments--1975. Inserted "or principal" following "teacher" in two places.

    ANNOTATIONS

    Cited. State v. DeLaBruere, 154 Vt. 237, 577 A.2d 254 (1990).

    § 1127. Notice and complaint by truant officer; penalty.

    1. The truant officer, upon receiving the notice provided in section 1126 of this title, shall inquire into the cause of the nonattendance of the child. If he or she finds that the child is absent without cause, the truant officer shall give written notice to the person having the control of the child that the child is absent from school without cause and shall also notify that person to cause the child to attend school regularly thereafter.
    2. When, after receiving notice, a person fails, without legal excuse, to cause a child to attend school as required by this chapter, he or she shall be fined not more than $1,000.00 pursuant to subsection (c) of this section.
    3. The truant officer shall enter a complaint to the State's Attorney of the county and shall provide a statement of the evidence upon which the complaint is based. The State's Attorney shall prosecute the person. In the prosecution, the complaint, information, or indictment shall be deemed sufficient if it states that the respondent (naming the respondent) having the control of a child of school age (naming the child) neglects to send that child to a public school or an approved or recognized independent school or a home study program as required by law.

      Amended 1981, No. 151 (Adj. Sess.), § 3; 1987, No. 97 , § 6, eff. June 23, 1987; 1991, No. 24 , § 11; 2013, No. 92 (Adj. Sess.), § 122, eff. Feb. 14, 2014; 2017, No. 93 (Adj. Sess.), § 15.

    History

    Source. V.S. 1947, § 4321. P.L. § 4257. 1931, No. 25 , § 1. G.L. § 1258. 1917, No. 254 , § 1220. 1915, No. 64 , §§ 54, 57, 65. 1912, No. 75 , § 5. 1908, No. 43 , § 2. P.S. §§ 1033, 1034, 1036, 1037, 1040. 1906, No. 52 , §§ 4, 5. 1904, No. 39 , § 2. 1898, No. 26 , § 1. V.S. §§ 716, 718, 719, 720. 1894, No. 26 , §§ 3, 4. 1894, No. 297 . 1892, No. 22 , §§ 8, 10-12. 1888, No. 9 , §§ 159, 160, 161. 1886, No. 25 . R.L. §§ 670-672. 1870, No. 13 , §§ 1-4.

    Amendments--2017 (Adj. Sess.). Subsec. (c): Deleted "town grand juror of the town in which such person resides, or to the" preceding "State's Attorney" in the first sentence and "grand juror or" preceding "State's Attorney" in the second sentence.

    Amendments--2013 (Adj. Sess.). Section amended generally.

    Amendments--1991. Subsec. (c): Substituted "independent" for "private" following "reporting" in the second sentence.

    Amendments--1987. Subsec. (c): Substituted "a home study program" for "an approved program of home instruction" following "private school or" at the end of the second sentence.

    Amendments--1981 (Adj. Sess.). Subsec. (a): Made minor changes in phraseology.

    Subsec. (b): Substituted "$1,000.00" for "$50.00 nor less than "$5.00" and made other minor changes in phraseology.

    Subsec. (c): Substituted "an approved public school or an approved or reporting private school or an approved program of home instruction" for "school" preceding "as required" in the second sentence and made other minor changes in phraseology throughout the subsec.

    Amendments--1965. Reenacted section without change.

    ANNOTATIONS

    Analysis

    1. Constitutionality.

    Subsec. (b) of this section, which penalizes parent or guardian who "without legal excuse" fails to cause a child to attend school as required, was not unconstitutionally vague; Legislature clearly intended list of legal excuse in section 1121 of this title to apply to this section. State v. DeLaBruere, 154 Vt. 237, 577 A.2d 254 (1990).

    2. Prosecution .

    Notice required by this section is condition precedent to prosecution. State v. Burroughs, 102 Vt. 33, 145 A. 260 (1929).

    Where evidence showed that there had been no representation to superintendent of schools where child should attend school as to child's physical or mental inability to attend school on date he was alleged to have been absent, superintendent was not required under section 1124 of this title to investigate concerning child's condition before prosecution was instituted. State v. Maguire, 100 Vt. 476, 138 A. 741 (1927).

    *3. Complaint.

    Information that alleged truancy occurred on only two days was sufficient to charge a violation of this section. State v. DeLaBruere, 154 Vt. 237, 577 A.2d 254 (1990).

    Information charging parents with violation of this section was not defective for failure to allege all essential elements of the crime; affidavit accompanying the information negated all statutory exceptions to the offense of truancy and parents had sufficient notice of the charges to form a defense. State v. DeLaBruere, 154 Vt. 237, 577 A.2d 254 (1990).

    Complaint drawn in accordance with statute sufficiently appraises respondent of "cause and nature of his accusation." State v. McCaferey, 69 Vt. 85, 37 A. 234 (1896).

    Statutory exceptions "unless the child is mentally or physically unable to attend, has already acquired the branches required by law to be taught in the public schools, or is otherwise being furnished with the same education," were not descriptive of offense and so to be negatived by State, but matters of excuse to be shown by respondent. State v. McCaferey, 69 Vt. 85, 37 A. 234 (1896).

    *4. Grounds.

    Where truant officer gave parents notice, required by this section, stating that their school age children were not attending an "approved" school, such notice, as the only precedent notice, defined the grounds upon which truancy could be charged against the parents in criminal prosecution. State v. LaBarge, 134 Vt. 276, 357 A.2d 121 (1976).

    *5. Burden of proof.

    Truancy prosecution against parents, charging them for failure to cause their children of school age to attend school as required by section 1121 of this title, must be considered in the light of the fact that the charge was a criminal one, potentially subjecting defendants to criminal penalties; therefore, prosecutor had the burden of establishing by the requisite measure all the essential elements of the criminal act. State v. LaBarge, 134 Vt. 276, 357 A.2d 121 (1976).

    *6. Evidence.

    Where complaint charged that respondent, having control of child of school age, on certain date neglected to send child to school, admission of evidence that child was either tardy or absent on certain other days was erroneous as being evidence of offenses independent and distinct from that charged. State v. Burroughs, 102 Vt. 33, 145 A. 260 (1929).

    Evidence that on last day on which child was in school, in being punished by teacher he was exposed to drafts from which he could catch cold or get a chill, offered to explain sudden appearance of his disease on that day, and as bearing upon his condition when he reached home and was kept there by his mother, was properly excluded as not relating to day in issue, with no offer to connect it therewith, and as speculative in character. State v. Maguire, 100 Vt. 476, 138 A. 741 (1927).

    Where State in respondent's cross-examination had asked several questions evidently designed to show that reason for keeping child out of school was because respondent's wife had not been employed as teacher therein, which respondent denied, testimony of wife that she had applied for position as teacher, but withdrew application when she learned another teacher had been engaged, was properly excluded, since it added nothing to testimony previously introduced. State v. Maguire, 100 Vt. 476, 138 A. 741 (1927).

    *7. Questions for jury.

    In prosecution for failure to send child to school, evidence on question of child's suitable condition of health to attend school on date he was alleged to have been absent was for jury. State v. Maguire, 100 Vt. 476, 138 A. 741 (1927).

    *8. New trial.

    Where evidence in prosecution for failure of person having control of child of school age to send child to school as required by law, was close issue of child's physical fitness to attend school at time he was alleged to have been absent, respondent's petition for new trial, based on failure of court to adjourn to permit attendance of witness on this issue, whose evidence was not merely cumulative but of such nature as to render probable different result on another trial, was entitled to favorable consideration, facts showing no lack of diligence by respondent. State v. Maguire, 100 Vt. 476, 138 A. 741 (1927).

    Cited. Palmer v. Bennington School District, Inc., 159 Vt. 31, 615 A.2d 498 (1992).

    § 1128. Legal pupil taken to school; nonresident child living in district.

    1. A superintendent may and the truant officer shall stop a child between the ages of six and 16 years or a child 16 years of age or over and enrolled in public school, wherever found during school hours, and shall, unless such child is excused or exempted from school attendance, take the child to the school that she or he should attend.
    2. A child of legal school age who is not exempt from school attendance and who has not finished the elementary school course and is living in a district other than the place of legal residence shall, with the school board's approval, be admitted immediately to a school in the district where he or she is found.  If the child is not admitted to school, then immediate action shall be taken by the truant officer to cause the return of the child to the district of his or her residence.

      Amended 1965, No. 46 , § 4, eff. May 5, 1965; 1999, No. 113 (Adj. Sess.), § 5.

    History

    Source. V.S. 1947, § 4322. 1947, No. 202 , § 4294. 1935, No. 89 , § 5. P.L. § 4258. G.L. § 1259. 1915, No. 64 , § 55. 1912, No. 75 , § 6. 1908, No. 43 , § 2. P.S. § 1033. 1906, No. 52 , § 4. 1904, No. 39 , § 2. V.S. § 716. 1894, No. 26 , § 3. 1892, No. 22 , § 8.

    Amendments--1999 (Adj. Sess.). Subsec. (a): Substituted "ages of six and 16 years or a child of 16 years" for "ages of seven and sixteen years or a child of sixteen years" and "take the child to" for "take him to" and inserted "she or" preceding "he should attend".

    Amendments--1965. Subsec. (a): Deleted "a" preceding "public school".

    ANNOTATIONS

    Cited. , 1936-38 Op. Atty. Gen. 223.

    § 1129. Jurisdiction of nonresidents.

    The superintendent of a school in which a nonresident pupil is enrolled and a truant officer having jurisdiction of the pupils in such school shall have the same authority and jurisdiction over such nonresident pupil and the person having the control of such pupil as they have over resident pupils and the persons having control of such pupils.

    History

    Source. V.S. 1947, § 4325. P.L. § 4261. G.L. § 1262. 1917, No. 254 , § 1224. 1915, No. 64 , § 62. P.S. § 1038. 1898, No. 25 , § 2.

    § 1130. Repealed. 1969, No. 298 (Adj. Sess.), § 79.

    History

    Former § 1130. Former § 1130, relating to application of sections 1122 and 1126 of this title in municipalities having twenty-five or more schools, was derived from V.S. 1947, § 4320; P.L. § 4256; 1933, No. 157 , § 3981; G.L. § 1257; 1917, No. 62 , § 3.

    Subchapter 4. Effective Discipline Measures

    History

    Amendments--1999 (Adj. Sess.). 1999, No. 113 (Adj. Sess.), § 5a, inserted "Effective" preceding "Discipline" and added "Measures" thereafter in the subchapter heading.

    § 1161. Repealed. 1983, No. 145 (Adj. Sess.), § 3.

    History

    Former § 1161. Former § 1161, relating to punishment, was derived from V.S. 1947, § 4326; P.L. § 4262; G.L. § 1263; 1915, No. 64 , § 66; 1912, No. 75 , § 13. The subject matter is now covered by § 1161a of this title.

    § 1161a. Discipline.

    1. Each public and each approved independent school shall adopt and implement a comprehensive plan for responding to student misbehavior. To the extent appropriate, the plan shall promote the positive development of youths. The plan shall include:
      1. The school's approach to classroom management and response to disruptive behavior, including the use of alternative educational settings.
      2. The manner in which the school will provide information and training to students in methods of conflict resolution, peer mediation, and anger management.
      3. Procedures for informing parents of the school's discipline policies, for notifying parents of student misconduct, and for working with parents to improve student behavior.
      4. The school's response to significant disruptions, such as threats or use of bombs or weapons.
      5. A description of how the school will ensure that all staff and contractors who routinely have unsupervised contact with students periodically receive training on the maintenance of a safe, orderly, civil, and positive learning environment. The training shall be appropriate to the role of the staff member being trained and shall teach classroom and behavior management, enforcement of the school's discipline policies, and positive youth development models.
      6. A description of behaviors on and off school grounds that constitute misconduct, including harassment, bullying, and hazing, particularly those behaviors that may be grounds for expulsion. The plan shall include a description of misconduct as listed in subdivisions 11(a)(26)(A)-(C) and (32) of this title that, although serious, does not rise to the level of harassment or bullying as those terms are defined in these subdivisions.
      7. Standard due process procedures for suspension and expulsion of a student.
    2. For the purpose of this chapter, "corporal punishment" means the intentional infliction of physical pain upon the body of a pupil as a disciplinary measure.
    3. No person employed by or agent of a public or approved independent school shall inflict or cause to be inflicted corporal punishment upon a student attending the school or the institution. However, this section does not prohibit a person from using reasonable and necessary force:
      1. to quell a disturbance;
      2. to obtain possession of weapons or other dangerous objects upon the person of or within the control of a student;
      3. for the purpose of self defense; or
      4. for the protection of persons or property.

        Added 1983, No. 145 (Adj. Sess.), § 1; amended 1995, No. 35 , § 3; 1999, No. 113 (Adj. Sess.), § 6; 2003, No. 91 (Adj. Sess.), § 5; 2003, No. 117 (Adj. Sess.), § 2; 2013, No. 92 (Adj. Sess.), § 123, eff. Feb. 14, 2014; 2019, No. 131 (Adj. Sess.), § 74.

    History

    Reference in text. Subdiv. 11(a)(26)(C) of this title, referred to in subdiv. (a)(6), was repealed as part of the rewrite of subdiv (a)(26) by 2003, No. 91 , § 2. For current provisions, see subdivs. 11(a)(26)(A) and (B).

    Amendments--2019 (Adj. Sess.). Subdiv. (a)(6): Substituted "in these subdivisions" for "therein" in the second sentence.

    Amendments--2013 (Adj. Sess.). Subsec. (c): Inserted "independent" preceding "school" and substituted "student" for "pupil" preceding "attending".

    Subdiv. (c)(2): Substituted "student" for "pupil".

    Amendments--2003 (Adj. Sess.). Subdiv. (a)(6): Act No. 91 added the second sentence.

    Subdiv. (a)(6): Act No. 117 inserted "bullying" following "harassment" in the first sentence and inserted "and (32)" preceding "of this title" and substituted "harassment or bullying as those terms are defined" for "harassment as that term is defined" in the second sentence.

    Amendments--1999 (Adj. Sess.). Subsec. (a): Amended generally.

    Amendments--1995 Subsec. (a): Inserted "independent" preceding "school" in the first sentence and inserted "due process" preceding "procedures" and substituted "board's policies" for "district's regulations" preceding "on suspension and" and "expulsion" for "dismissal" thereafter in the second sentence.

    ANNOTATIONS

    Cited. Bouchard v. Department of Emp. and Training, 174 Vt. 588, 816 A.2d 508 (mem.) (2002).

    § 1162. Suspension or expulsion of students.

    1. A superintendent or principal may, pursuant to policies adopted by the school board that are consistent with State Board rules, suspend a student for up to 10 school days or, with the approval of the board of the school district, expel a student for up to the remainder of the school year or up to 90 school days, whichever is longer, for misconduct:
      1. on school property, on a school bus, or at a school-sponsored activity when the misconduct makes the continued presence of the student harmful to the welfare of the school;
      2. not on school property, on a school bus, or at a school-sponsored activity where direct harm to the welfare of the school can be demonstrated; or
      3. not on school property, on a school bus, or at a school-sponsored activity where the misconduct can be shown to pose a clear and substantial interference with another student's equal access to educational programs.
    2. Nothing contained in this section shall prevent a superintendent or principal, subject to subsequent due process procedures, from removing immediately from a school a student who poses a continuing danger to persons or property or an ongoing threat of disrupting the academic process of the school, or from expelling a student who brings a weapon to school pursuant to section 1166 of this title.
    3. Principals, superintendents, and school boards are authorized and encouraged to provide alternative education services or programs to students during any period of suspension or expulsion authorized under this section.

      Amended 1977, No. 33 , § 3; 1977, No. 130 (Adj. Sess.); 1995, No. 35 , § 4; 1999, No. 113 (Adj. Sess.), § 7; 2001, No. 8 , § 19; 2011, No. 58 , § 37, eff. May 31, 2011.

    History

    Source. V.S. 1947, § 4327. P.L. § 4263. 1933, No. 157 , § 3988. G.L. § 1264. 1917, No. 254 , § 1226. 1915, No. 64 , § 67. 1912, No. 80 , § 2. 1910, No. 59 , § 2. P.S. § 1164. 1904, No. 45 , § 1.

    2013 (Adj. Sess.). Substituted "student" for "pupil" in the section heading and throughout the section in accordance with 2013, No. 92 (Adj. Sess.), § 302.

    Amendments--2011. Subdiv. (a)(3): Added.

    Amendments--2001. Subsec. (a): Inserted "up to" preceding "the remainder of the school year or up to 90 school days" in the first sentence.

    Amendments--1999 (Adj. Sess.). Section amended generally.

    Amendments--1995 Substituted "expulsion" for "dismissal" preceding "of pupils" in the section heading, rewrote the first sentence and inserted "subject to subsequent due process procedures" following "principal" in the second sentence.

    Amendments--1977 (Adj. Sess.) Rewrote the first sentence.

    Amendments--1977 Section amended generally.

    ANNOTATIONS

    Analysis

    1. Construction with other law.

    Section 563 of this title, granting to school boards the general power to establish education policies and to prescribe rules and regulations for the conduct and management of schools, including student discipline, does not conflict with, and therefore give way to this section, which authorizes, but does not require, school boards to delegate the power to suspend or expel students. Rutz v. Essex Junction Prudential Committee, 142 Vt. 400, 457 A.2d 1368 (1983).

    2. Purpose.

    The purpose of this section is to prescribe the conditions under which school boards, by the adoption of appropriate regulations, may authorize certain officials to suspend, dismiss, or expel students, and in the absence of regulations adopted for that purpose, the enumerated disciplinary powers remain with the boards. Rutz v. Essex Junction Prudential Committee, 142 Vt. 400, 457 A.2d 1368 (1983).

    3. Regulations.

    The purpose of this section is not to limit the authority of school boards in disciplinary matters, and it does not mandate the boards must adopt regulations in favor of superintendents or principals. Rutz v. Essex Junction Prudential Committee, 142 Vt. 400, 457 A.2d 1368 (1983).

    4. Well being of other students.

    Expulsion of a student based on a finding that the sale of marijuana on school property gravely affected the well being of other students enrolled within the school district satisfied the spirit of the standard prescribed in this section which empowers the expulsion of a student when the misconduct makes the presence of the pupil harmful to the welfare of the school. Rutz v. Essex Junction Prudential Committee, 142 Vt. 400, 457 A.2d 1368 (1983).

    § 1163. Transfer of suspension or expulsion to other schools.

    1. If a student transfers from one Vermont public or independent school to another, then upon application by the student and after a review of whether the school can provide the student with appropriate services, the new school may choose to continue a suspension or expulsion imposed by the original school.
    2. During a period of suspension or expulsion imposed under section 1162 of this title, a student, or parent or guardian, shall not be subject to the provisions of subchapter 3 of this chapter regarding compulsory attendance at school, unless the conditions of the suspension or expulsion include participation in a program in the school or an alternative program outside the school. Further, nothing in this section shall prohibit a suspended or expelled student from applying to a different Vermont public or independent school during the period of suspension or expulsion and attending if accepted.
    3. A school district that provides for the education of a suspended or expelled student by paying tuition to a public or approved independent school may, at the discretion of the school board, provide for the education of the student during the period of suspension or expulsion by paying tuition to another public or approved independent school.

      Added 1999, No. 113 (Adj. Sess.), § 8; amended 2013, No. 92 (Adj. Sess.), § 124, eff. Feb. 14, 2014.

    History

    Amendments--2013 (Adj. Sess.). Section amended generally.

    Former § 1163 - History. Former § 1163, relating to sentence to the Weeks School for truancy or moral delinquency, was derived from V.S. 1947, § 4329; P.L. § 4265; G.L. § 1266; 1915, No. 64 , § 63; 1912, No. 75 , § 6; P.S. § 1041; 1906, No. 52 , § 5; 1898, No. 26 , § 1; V.S. § 718; 1894, No. 26 , § 4 and was previously repealed by 1969, No. 298 (Adj. Sess.), § 79.

    § 1164. Repealed. 1977, No. 33, § 6.

    History

    Former § 1164. Former § 1164, relating to secret societies, was derived from V.S. 1947, § 4328; P.L. § 4264; G.L. § 1265; 1915, No. 64 , §§ 68, 69; 1908, No. 41 .

    § 1165. Alcohol and drug abuse.

    1. The State Board, in consultation with local school boards, the alcohol and drug division, the law enforcement authorities, and the juvenile court system shall formulate a general policy for the education, discipline, and referral for rehabilitation of students who are involved with alcohol or drug abuse on school property or at school functions.
    2. The State Board shall adopt rules for all school districts that include standards consistent with due process of law for discipline, suspension, or dismissal of students and recommended procedures for education and for referral for treatment and rehabilitation.
    3. Each school district shall adopt its own policy consistent with the State Board's rules setting forth recommended procedures for education; referral for treatment, counseling, and rehabilitation; and standards consistent with due process of law for discipline, suspension, or dismissal of students in accordance with section 1162 of this title. Nothing in this section is intended to mandate local school districts to employ counselors for treatment or rehabilitation.
    4. [Repealed.]
    5. No municipality, school district, or officer or employee of the school district shall be liable for civil damages in connection with the implementation of the purposes of this section so long as they have acted in good faith and not knowingly in violation of the constitutional or civil rights of any person.
    6. , (g)  [Repealed.]

      Added 1979, No. 62 , § 1, eff. April 27, 1979; amended 1983, No. 51 , § 4, eff. April 22, 1983; 2003, No. 107 (Adj. Sess.), § 21; 2007, No. 154 (Adj. Sess.), § 6; 2013, No. 92 (Adj. Sess.), § 125, eff. Feb. 14, 2014.

    History

    1983. Subsecs. (e) and (f), as added by 1983, No. 51 , § 4, were redesignated as subsecs. (f) and (g), respectively, to avoid a conflict with existing subsec. (e).

    Amendments--2013 (Adj. Sess.). Subsec. (b): Substituted "rules" for "guidelines pursuant to 3 V.S.A. chapter 25" following "adopt" and "that" for "The guidelines shall" following "districts".

    Subsec. (c): Substituted "rules" for "guidelines" following "board's", "in this section" for "contained herein" following "Nothing".

    Subsec. (e): Substituted "officer or employee" for "the officers and or employees" and deleted "and carrying out".

    Amendments--2007 (Adj. Sess.). Subsecs. (f), (g): Repealed.

    Amendments--2003 (Adj. Sess.). Subsec. (d): Repealed.

    Amendments--1983. Subsec. (e): Added.

    Subsec. (f): Added.

    ANNOTATIONS

    Cited. Rutz v. Essex Junction Prudential Committee, 142 Vt. 400, 457 A.2d 1368 (1983).

    § 1166. Possession of a firearm at school.

    1. In this section, the terms "to school" and "firearm" shall have the same meaning that the terms have in 18 U.S.C. § 921. The school board may expand the definitions, however, provided they remain consistent with federal law.
    2. Each school board shall adopt and implement policies regarding a student who brings a firearm to or possesses a firearm at school, which at a minimum shall include:
      1. A provision that any student who brings a firearm to or possesses a firearm at school shall be referred to a law enforcement agency. In addition to any other action the law enforcement agency may take, it may report the incident to the Department for Children and Families.
      2. A provision that the superintendent or principal, with the approval of the school board following opportunity for a hearing, shall expel from the school for not less than one calendar year any student who brings a firearm to or possesses a firearm at school; provided, however, the school board may modify the expulsion on a case-by-case basis. Modifications may be granted in circumstances such as:
        1. The student is unaware that he or she has brought a firearm to or possessed a firearm at school.
        2. The student did not intend to use the firearm to threaten or endanger others.
        3. The student has a disability and the misconduct is related to the student's disability.
        4. The student does not present an ongoing threat to others and a lengthy expulsion would not serve the best interests of the student.
    3. Annually at a time and on a form determined by the Secretary, each superintendent shall provide the Secretary with a description of the circumstances surrounding expulsions imposed under this section, the number of students expelled, and the type of firearm involved.

      Added 1995, No. 35 , § 5; amended 2003, No. 36 , § 9; 2011, No. 58 , § 11, eff. May 31, 2011; 2013, No. 92 (Adj. Sess.), § 126, eff. Feb. 14, 2014; 2013, No. 96 (Adj. Sess.), § 77.

    History

    Amendments--2013 (Adj. Sess.). Section amended generally.

    Amendments--2011. Subdiv. (b)(1): Substituted "for children and families" for "of social and rehabilitation services" following "department".

    Amendments--2003. Substituted "firearm" for "weapon" in the section heading.

    Subsec. (a): Substituted "firearm" for "weapon", "18 U.S.C. § 921" for "Gun Free Schools Act of 1994" and "federal law" for "Gun Free Schools Act".

    Subsec. (b): Substituted "firearm to or possesses a firearm at" for "weapon to".

    Subdivs. (b)(1)-(2): Substituted "firearm to or possesses a firearm at" for "weapon to".

    Subdiv. (b)(2)(A): Substituted "firearm to or possesses a firearm at" for "weapon to".

    Subdiv. (b)(2)(B): Substituted "firearm" for "weapon".

    Subsec. (c): Substituted "firearm" for "weapon".

    ANNOTATIONS

    1. Violations.

    Where the school board found that students who brought pellet guns to school took the guns from a locked box in plaintiff student's house, while plaintiff was present, the board was within its discretion in determining that plaintiff's behavior violated the school district's weapons policy's prohibition of actions that "cause, encourage, or aid any other student to possess, handle, or transmit" weapons at school. Rouleau v. Williamstown School Board, 179 Vt. 576, 892 A.2d 223 (mem.) (December 15, 2005).

    § 1167. School resource officer; memorandum of understanding.

    1. Neither the State Board nor the Agency shall regulate the use of restraint and seclusion on school property by a school resource officer certified pursuant to 20 V.S.A. § 2358 .
    2. School boards and law enforcement agencies are encouraged to enter into memoranda of understanding relating to:
      1. the possession and use of weapons and devices by a school resource officer on school property; and
      2. the nature and scope of assistance that a school resource officer will provide to the school system.

        Added 2011, No. 101 (Adj. Sess.), § 1, eff. May 4, 2012; amended 2013, No. 92 (Adj. Sess.), § 127, eff. Feb. 14, 2014.

    History

    Amendments--2013 (Adj. Sess.). Subsec. (a): Substituted "State Board nor the Agency" for "state board nor the department".

    State board of education; rules 2011, No. 101 , § 2 provides: "Any part of a provision of state board of education rule that purports to regulate the use of restraint and seclusion on school property by a school resource officer certified pursuant to 20 V.S.A. § 2358 is repealed."

    CHAPTER 27. TRANSPORTATION AND BOARD

    Subchapter 1. General Provisions

    § 1221. Repealed. 2011, No. 58, § 3.

    History

    Former § 1221. Former § 1221, relating to control and regulation of the transportation board, was derived from 1955, No. 35 ; V.S. 1947, § 4332; 1947, No. 101 , § 1. P.L. § 4268; 1925, No. 34 , § 1; G.L. § 1269; 1915, No. 64 , § 71; 1915, No. 68 ; P.S. § 1006; 1904, No. 36 , § 1; 1900, No. 21 , § 1; 1898, No. 23 , § 1; V.S. § 685; 1892, No. 20 , § 6; 1888, No. 9 , §§ 105, 133, 138. 1882, No. 25 ; R.L. §§ 564, 597; amended by 2003, No. 12 , § 3, and repealed by 2011, No. 58 , § 3.

    Pursuant to 2011, No. 58 , § 41, the repeal of § 1221 took effect on passage [May 31, 2011], provided that "Section 3 [which repealed this section] of this act shall be fully implemented by July 1, 2013, subject to the provisions of existing contracts." 2013, No. 92 (Adj. Sess.), § 128, eff. Feb. 14, 2014, an act relating to making technical amendments to education laws, inadvertently amended the repealed § 1221.

    Annotations From Former § 1221

    1. Prior law.

    Under prior law interested person or taxpayer dissatisfied with decision of board of school directors as to transportation, board, or compensation could appeal to Commissioner of Education. Town School District v. Dempsey, 103 Vt. 481, 156 A. 387 (1931).

    2. Discretion.

    This section and section 1222 of this title gave discretionary control and management of transportation of school pupils to board of school directors. Proctor v. Hufnail, 111 Vt. 369, 16 A.2d 518 (1940).

    3. Contract.

    This section and section 1222 of this title contemplated that some contract or understanding regarding pupil's transportation must be arranged with school board before it is authorized to pay for same. Proctor v. Hufnail, 111 Vt. 369, 16 A.2d 518 (1940).

    § 1222. Students who may be furnished transportation.

    1. Each legal pupil, as defined in section 1073 of this title, who is entitled or required to attend an elementary school or a secondary school may be furnished with total or partial transportation to school, or board, as in the opinion of the school board is reasonable and necessary to enable the student to attend school. Each school board shall adopt a transportation policy for students required to attend school in accordance with the procedure specified in subdivision 563(1) of this title. The policy shall consider the transportation needs of students, including such factors as the age and health of a student, distance to be travelled, and condition and type of highway. The policy and any subsequent amendments shall be filed in the principal's office in each school in the district. Compensation may be paid to parents or guardians and shall be payable only in return for actual transportation or board as shall be stipulated by the school board.
    2. The provisions of 23 V.S.A. § 376 relative to the use of motor vehicles for a municipal purpose shall apply to this section.
    3. Expenditures by a school district for transportation or board under this chapter shall be included in computing current school expenses under chapter 123 of this title.

      Amended 1965, No. 102 , § 1, eff. June 17, 1965; 1969, No. 298 (Adj. Sess.), § 8; 1971, No. 12 ; 2001, No. 61 , § 75, eff. June 16, 2001; 2013, No. 92 (Adj. Sess.), § 128, eff. Feb. 14, 2014.

    History

    Source. 1957, No. 146 , § 2. V.S. 1947, § 4333. 1935, No. 89 , § 6. P.L. § 4269. 1933, No. 62 , § 1. 1925, No. 34 , § 2. 1919, No. 59 . G.L. § 1270. 1917, No. 254 , § 1232. 1915, No. 64 , § 72. 1915, Nos. 68, 69. 1908, No. 47 , § 4. P.S. §§ 1006, 1014. 1906, No. 53 , § 2. 1904, No. 36 , § 1. 1900, No. 21 , § 1. 1898, No. 23 , § 1. V.S. § 685. 1892, No. 20 , § 6. 1888, No. 9 , §§ 105, 133, 138. 1882, No. 25 . R.L. §§ 564, 597.

    Amendments--2013 (Adj. Sess.). Section amended generally.

    Amendments--2001. Subsec. (a): Substituted "principal of each school in the district" for "town clerk" at the end of the fourth sentence and "principal's office" for "clerk's office" at the end of the fifth sentence.

    Amendments--1971 Subsec. (a): Added the second through fifth sentences.

    Amendments--1969. (Adj. Sess.). Subsec. (a): Substituted "shall" for "may" preceding "be furnished" in the first sentence.

    Amendments--1965 Subsec. (a): Rewrote the first sentence.

    Subsec. (b): Amended generally.

    Subsec. (c): Added.

    Cross References

    Cross references. State assistance for transportation to career technical education centers, see § 1563 of this title.

    ANNOTATIONS

    Analysis

    1. Discretion.

    Under this section, providing of transportation is left to sound discretion of school board and vote by town district not to provide transportation for rural pupils is not binding on the board but merely indicative of attitude of voters. 1942-44 Op. Atty. Gen. 115.

    This section and section 1221 of this title gave discretionary control and management of transportation of school pupils to board of school directors. Proctor v. Hufnail, 111 Vt. 369, 16 A.2d 518 (1940).

    Commissioner of Education does not have power to require school directors to make provisions for transportation of school children. 1930-32 Op. Atty. Gen. 125.

    2. Factors to be considered.

    Board of school directors in deciding whether transportation should be furnished should consider such factors as age of child, distance to be traveled, condition of road to be traveled, facilities which parent or guardian has with which to furnish transportation, health and financial condition of parent, ability of parent to transport his child or children and at same time carry on his farm, and all other pertinent facts. 1934-36 Op. Atty. Gen. 161.

    3. Contract.

    This section and section 1221 of this title contemplated that some contract or understanding regarding pupil's transportation must be arranged with the school board before it is authorized to pay for same. Proctor v. Hufnail, 111 Vt. 369, 16 A.2d 518 (1940).

    Where directors have agreed to pay transportation, voters in subsequent meeting may not vote not to pay by making vote retroactive, but are bound by such agreement. 1930-32 Op. Atty. Gen. 121.

    4. Payment to parents or guardian.

    Compensation may be paid to parents or guardians of legal pupils only for such transportation as is being actually furnished. 1942-44 Op. Atty. Gen. 115.

    5. Private or parochial school pupils.

    School directors are not authorized to furnish or pay compensation for transportation of pupils attending private or parochial school. 1930-32 Op. Atty. Gen. 125, 1950-52 Op. Atty. Gen. 88, 1954-56 Op. Atty. Gen. 106.

    § 1223. Repealed. 1965, No. 102, § 2, eff. June 17, 1965.

    History

    Former § 1223. Former § 1223, relating to transportation of pupils to high school, was derived from V.S. 1947, § 4361; 1935, No. 89 , § 14; P.L. § 4296; G.L. § 1290; 1917, No. 254 , § 1252; 1912, No. 71 ; 1908, No. 47 , § 4. The subject matter is now covered by § 1222 of this title.

    § 1224. Reports.

    The superintendent shall include in his or her annual report to the school board of each district data regarding the students in the district who have been transported or boarded under the provisions of this chapter and the associated expenses. Annually, at a time fixed by the State Board, the superintendent shall report to the Board regarding the students transported or boarded under the provisions of this chapter and the associated expenses.

    Amended 2013, No. 92 (Adj. Sess.), § 128, eff. Feb. 14, 2014.

    History

    Source. V.S. 1947, § 4338. P.L. § 4274. G.L. § 1274. 1915, No. 64 , § 76. 1910, No. 65 , § 11. P.S. § 1015. 1906, No. 53 , § 3.

    Amendments--2013 (Adj. Sess.). Section amended generally.

    Subchapter 2. School Food Programs

    History

    Amendments--2013 (Adj. Sess.). 2013, No. 92 (Adj. Sess.), § 129, eff. February 14, 2014, substituted "Food Programs" for "Lunches" in the subchapter heading.

    Federal options in the supplemental nutrition program. 2009, No. 87 (Adj. Sess.), § 1 provides: "(a)(1) It is the intent of the general assembly that the department for children and families will implement the federal options described in this subsection by July 1, 2012.

    "(2) The department for children and families may implement federal options in 3SquaresVT or seek federal waivers in the supplemental nutrition program to:

    "(A) expand participation in 3SquaresVT by individuals applying for and receiving Supplemental Security Income (SSI), such as through the combined application project (CAP), through direct communication with potentially eligible individuals known to the department, or through other methods designed to simplify the application process or facilitate access to the program; and

    "(B) increase participation in 3SquaresVT by individuals age 60 or older through a simplified application process.

    "(b) Annually, by March 1, the department for children and families shall provide a progress report through testimony to the house committee on human services and the senate committee on health and welfare on implementation of any federal options or waivers that would simplify the administration of 3SquaresVT, simplify the application or recertification process, or increase enrollment in the program. The department's progress report shall include an explanation of any legislative, administrative, or technical challenges encountered that may affect timely implementation."

    After-school snack program. 2009, No. 87 (Adj. Sess.), § 2 provides: "(a) By October 1, 2010, the department of education shall require that every after-school program funded in whole or in part by a grant under the 21st Century Community Learning Center program create an after-school snack program using federal funds from the national school lunch after-school snack program or the child and adult care food program.

    "(b) By October 1, 2010, the department of education shall require that one or more schools in districts with organizations receiving a grant under the 21st Century Community Learning Center program for an after-school snack program provide fiscal sponsorship of the national school lunch after-school snack program for these organizations. The department shall only require the school to provide fiscal sponsorship if requested by the organization in the district providing an after-school snack program.

    "(c) The school board or the after-school program may apply to the department of education for a waiver of the requirements in this section. The commissioner shall grant the requested waiver if he or she finds that it is unduly difficult for the school district or after-school program to provide a snack, and if he or she finds that the school district or after-school program has exercised due diligence in its efforts to avoid the situation that gives rise to the need for the requested waiver. In no event shall the waiver extend for a period to exceed a school year."

    Direct certification for school meals programs. 2009, No. 87 (Adj. Sess.), § 5 provides: "The department for children and families and the department of education shall continue to improve the monthly direct certification process through the use of automated data matches in order to certify children receiving 3SquaresVT or other programs or benefits deemed by federal law to make those children eligible for school breakfast, lunch, and summer meals programs."

    § 1261. Repealed. 1969, No. 21, § 4.

    History

    Former § 1261. Former § 1261, relating to reimbursement of expenses incurred in providing school lunches, was derived from V.S. 1947, § 4334; P.L. § 4272; 1933, No. 157 , § 3997; 1921, No. 57 , § 1.

    § 1261a. Definitions.

    As used in this subchapter:

    1. "Food programs" means provision of food to persons under programs meeting standards for assistance under the National School Lunch Act, 42 U.S.C. § 1751 et seq. and in the Child Nutrition Act, 42 U.S.C. § 1779 et seq., each as amended.
    2. "School board" means the governing body responsible for the administration of a public school.
    3. "Independent school board" means a governing body responsible for the administration of a nonprofit independent school exempt from United States income taxes.

      Added 1969, No. 21 , § 1; amended 1991, No. 24 , § 11; 2011, No. 58 , § 22, eff. May 31, 2011; 2019, No. 131 (Adj. Sess.), § 75.

    History

    Reference in text. The Child Nutrition Act, referred to in subdiv. (1), is codified as 42 U.S.C. § 1771 et seq.

    2013. Changed "For the purposes of" to "As used in" to conform to V.S.A. style.

    Amendments--2019 (Adj. Sess.). Subdiv. (1): Deleted ", and any amendment thereto," following " § 1751 et seq." and substituted "each as amended" for "and any amendments thereto".

    Amendments--2011. Deleted ", or" at the end of subdiv. (2) and inserted ". (3) 'Independent school board' means a governing body responsible for the administration of".

    Amendments--1991 Subdiv. (2): Substituted "independent" for "private" following "nonprofit".

    § 1262. Repealed. 1969, No. 21, § 4.

    History

    Former § 1262. Former § 1262, relating to warrant for reimbursement of expenses under section 1261 of this title, was derived from V.S. 1947, § 4335; P.L. § 4273; 1921, No. 57 , § 2. The subject matter is now covered by §§ 1261a, 1262a, and 1262b of this title.

    § 1262a. Award of grants.

      1. The Agency may, from funds appropriated for this subsection to the Agency, award grants to: (a) (1)  The Agency may, from funds appropriated for this subsection to the Agency, award grants to:
        1. supervisory unions for the use of member school boards that establish and operate food programs;
        2. independent school boards that establish and operate food programs; and
        3. approved education programs, as defined in subdivision 11(a)(34) of this title and operating under private nonprofit ownership as defined in the National School Lunch Act, that establish and operate food programs for students engaged in a teen parent education program or students enrolled in a Vermont public school.
      2. The amount of any grant awarded under this subsection shall not be more than the amount necessary, in addition to any reimbursement from federal funds, to pay the actual cost of the meal.
    1. The Agency may, from funds available to the Agency for this subsection, award grants to supervisory unions consisting of one or more school districts that need to initiate or expand food programs in order to meet the requirements of section 1264 of this title and that seek assistance in meeting the cost of initiation or expansion. The amount of the grants shall be limited to 75 percent of the cost deemed necessary by the Secretary to construct, renovate, or acquire additional facilities and equipment to provide lunches to all students, and shall be reduced by the amount of funds available from federal or other sources, including those funds available under section 3448 of this title. The Agency shall direct supervisory unions seeking grants under this section to share facilities and equipment within the supervisory union and with other supervisory unions for the provision of lunches wherever more efficient and effective operation of food programs can be expected to result.
    2. On a quarterly basis, from State funds appropriated to the Agency for this subsection, the Agency shall award to each supervisory union, independent school board, and approved education program as described in subsection (a) of this section a sum equal to the amount that would have been the student share of the cost of all breakfasts and lunches actually provided in the district during the previous quarter to students eligible for a reduced-price breakfast under the federal school breakfast program and students eligible for a reduced-price lunch under the federal school lunch program.

      Added 1969, No. 21 , § 2; amended 1973, No. 252 (Adj. Sess.), § 1; 2007, No. 192 (Adj. Sess.), § 6.027; 2011, No. 58 , § 22, eff. May 31, 2011; 2013, No. 50 , § E.501.1.

    History

    Reference in text. The National School Lunch Act, referred to in subdiv. (a)(1)(C), is codified as 42 U.S.C. § 1751 et seq.

    Amendments--2013 Subdiv. (a)(1): Substituted "Agency" for "state board of education" and for "department of education".

    Subdiv. (a)(2): Deleted "the charge made for the meal and" preceding "any".

    Subsec. (b): Substituted "Agency" for "state board", for "department of education", and for "state board, upon recommendation of the commissioner"; substituted "Secretary" for "commissioner"; and substituted "students" for "pupils".

    Subsec. (c): Substituted "Agency" for "department of education" and for "state board"; inserted "and lunches" following "breakfasts"; substituted "reduced-price" for "reduced price" preceding "breakfast"; and inserted "and students eligible for a reduced-price lunch under the federal school lunch program" following "program."

    Amendments--2011. Section amended generally.

    Amendments--2007 (Adj. Sess.). Subsec. (c): Added.

    Amendments--1973 (Adj. Sess.). Designated existing provisions of the section as subsec. (a), substituted "this subsection" for "the purpose" following "appropriated for" and deleted "(or supervise nonprofit)" following "operate" in that subsec. and added subsec. (b).

    § 1262b. Rules.

    The State Board shall adopt rules governing grants under section 1262a of this title. The rules shall provide for grants from State funds in accordance with federal guidelines for food programs. The State Board may adopt other rules that are necessary to carry out the provisions of this subchapter.

    Added 1969, No. 21 , § 3; amended 1971, No. 29 ; 1973, No. 252 (Adj. Sess.), § 2; 2011, No. 58 , § 22, eff. May 31, 2011; 2013, No. 92 (Adj. Sess.), § 131, eff. Feb. 14, 2014.

    History

    Amendments--2013 (Adj. Sess.). Section amended generally.

    Amendments--2011. Deleted "to local school programs" following "grants" in the second sentence.

    Amendments--1973 (Adj. Sess.). Added the third sentence.

    Amendments--1971. Rewrote the second sentence.

    § 1263. Repealed. 1969, No. 298 (Adj. Sess.), § 79.

    History

    Former § 1263. Former § 1263, relating to federal funds for school lunch and milk programs, was derived from V.S. 1947, § 4336; 1945, No. 59 , § 1. The subject matter is now covered by § 44 of this title.

    § 1264. Food program.

      1. Each school board operating a public school shall cause to operate within the school district a food program that makes available a school lunch, as provided in the National School Lunch Act as amended, and a school breakfast, as provided in the National Child Nutrition Act as amended, to each attending student every school day. (a) (1)  Each school board operating a public school shall cause to operate within the school district a food program that makes available a school lunch, as provided in the National School Lunch Act as amended, and a school breakfast, as provided in the National Child Nutrition Act as amended, to each attending student every school day.
      2. Each school board operating a public school shall offer a summer snack or meals program funded by the Summer Food Service program or the National School Lunch Program for participants in a summer educational or recreational program or camp if:
        1. at least 50 percent of the students in a school in the district were eligible for free or reduced-price meals under subdivision (1) of this subsection for at least one month in the preceding academic year;
        2. the district operates or funds the summer educational or recreational program or camp; and
        3. the summer educational or recreational program or camp is offered 15 or more hours per week.
    1. In the event of an emergency, the school board may apply to the Secretary for a temporary waiver of the requirements in subsection (a) of this section. The Secretary shall grant the requested waiver if he or she finds that it is unduly difficult for the school district to provide a school lunch, breakfast, or summer meals program, or any combination of the three, and if he or she finds that the school district and supervisory union have exercised due diligence to avoid the emergency situation that gives rise to the need for the requested waiver. In no event shall the waiver extend for a period to exceed 20 school days or, in the case of a summer meals program, the remainder of the summer vacation.
    2. The State shall be responsible for the student share of the cost of breakfasts provided to all students eligible for a reduced-price breakfast under the federal school breakfast program and for the student share of the cost of lunches provided to all students eligible for a reduced-price lunch under the federal school lunch program.
    3. It is a goal of the State that by the year 2022 school boards operating a school lunch, breakfast, or summer meals program shall purchase at least 20 percent of all food for those programs from local producers.
      1. On or before December 31, 2020 and annually thereafter, a school board operating a school lunch, breakfast, or summer meals program shall submit to the Agency of Education an estimate of the percentage of locally produced foods that were purchased by the school board for those programs. (e) (1)  On or before December 31, 2020 and annually thereafter, a school board operating a school lunch, breakfast, or summer meals program shall submit to the Agency of Education an estimate of the percentage of locally produced foods that were purchased by the school board for those programs.
      2. On or before January 31, 2021 and annually thereafter, the Agency of Education shall submit to the Senate Committees on Agriculture and on Education and the House Committees on Agriculture and Forestry and on Education in an aggregated form the information received from school boards regarding the percentage of locally produced foods that are purchased as part of a school lunch, breakfast, or summer meals program. The provisions of 2 V.S.A. § 20(d) regarding expiration of required reports shall not apply to the report required by this subdivision.

        Added 1973, No. 252 (Adj. Sess.), § 3; amended 2003, No. 22 , § 1; 2007, No. 192 (Adj. Sess.), § 6.028; 2009, No. 87 (Adj. Sess.), § 4, eff. April 28, 2010; 2011, No. 58 , § 22, eff. May 31, 2011; 2013, No. 50 , § E.501.2; 2013, No. 92 (Adj. Sess.), § 132, Feb. 14, 2014; 2019, No. 34 , § 4.

    History

    Reference in text. The National School Lunch Act, referred to in this section, is codified as 42 U.S.C. § 1751 et seq.

    The National Child Nutrition Act, referred to in this section, is codified as 42 U.S.C. § 1771 et seq.

    2013 (Adj. Sess.). Substituted "student" for "pupil" in subdiv. (a)(1) in accordance with 2013, No. 92 (Adj. Sess.), § 302.

    Amendments--2019. Subsecs. (d) and (e): Added.

    Amendments--2013 (Adj. Sess.). Subsec. (b): Substituted "Secretary" for "department" in the first sentence and "Secretary" for "commissioner" in the second sentence.

    Amendments--2013 Subsec. (c): Substituted "reduced-price" for "reduced price" and inserted "and for the student share of the cost of lunches provided to all students eligible for a reduced-price lunch under the federal school lunch program" following "program".

    Amendments--2011. Subdiv. (a)(2)(A): Inserted "in the district" following "school".

    Subsec. (b): Substituted "and supervisory union have" for "has" following "district" and deleted "in its efforts" following "diligence".

    Amendments--2009 (Adj. Sess.) Section amended generally.

    Amendments--2007 (Adj. Sess.). Redesignated existing section as subsec. (a) and added subsec. (b).

    Amendments--2003. Deleted "type A" preceding "school lunch"; inserted "as amended, and a school breakfast, as provided in the National Child Nutrition Act as amended" following "National School Lunch Act", "or she" following "he" in two places; substituted "a school lunch or breakfast" for "type A lunches" and "20" for "twenty" preceding "days".

    § 1265. Exemption; public discussion.

    1. The school board of a public school district that wishes to be exempt from the provisions of section 1264 of this title may vote at a meeting warned and held for that purpose to exempt itself from the requirement to offer either the school lunch program or the school breakfast program, or both, for a period of one year.
    2. If a public school is exempt from offering a breakfast or lunch program, its school board shall conduct a discussion annually on whether to continue the exemption. The pending discussion shall be included on the agenda at a regular or special school board meeting publicly noticed in accordance with 1 V.S.A. § 312(c) , and citizens shall be provided an opportunity to participate in the discussion. The school board shall send a copy of the notice to the Secretary and to the superintendent of the supervisory union at least ten days prior to the meeting. Following the discussion, the school board shall vote on whether to continue the exemption for one additional year.
    3. On or before the first day of November prior to the date on which an exemption voted under this section is due to expire, the Secretary shall notify the boards of the affected school district and supervisory union in writing that the exemption will expire.
    4. Following a meeting held pursuant to subsection (b) of this section, the school board shall send a copy of the agenda and minutes to the Secretary and the superintendent of the supervisory union.
    5. The Secretary may grant a supervisory union or a school district a waiver from duties required of it under this subchapter upon a demonstration that the duties would be performed more efficiently and effectively in another manner.

      Added 1973, No. 252 (Adj. Sess.), § 4; amended 2003, No. 22 , § 1; 2011, No. 58 , § 22, eff. May 31, 2011; 2013, No. 92 (Adj. Sess.), § 133, eff. Feb. 14, 2014.

    History

    Amendments--2013 (Adj. Sess.). Subsecs. (b)-(e): Substituted "Secretary" for "commissioner".

    Amendments--2011. Section amended generally.

    Amendments--2003. Added "; public discussion" to the end of the section heading.

    Subsec. (a): Added the subsec. designation, substituted "The school board" for "A majority of the legal voters, present and voting" in the first sentence, deleted "so" preceding "vote", substituted "a" for "an annual or special" preceding "meeting", "to exempt itself from the requirement to operate either the school lunch program or the school breakfast program, or both, for a period of one year" for "and shall be exempt from the provisions of this subchapter until the school year following an affirmative vote to adopt the program" at the end.

    Subsecs. (b)-(d): Added.

    CHAPTER 29. REGISTERS

    Sec.

    History

    Amendments--2013. Deleted "and Returns" following "Registers" in heading.

    Cross References

    Cross references. Attendance generally, see chapter 25, subchapter 3 of this title.

    School year, holidays, and pupils generally, see chapter 25, subchapter 1 of this title.

    § 1321. Form and contents of register.

    With the approval of the State Board, the Secretary shall prescribe the content of school registers used to keep records of student enrollment and daily attendance and to obtain statistical and other information from teachers and school officers. Schools shall maintain an electronic system for recording enrollment and attendance.

    Amended 1963, No. 13 , § 1; 2013, No. 56 , § 8, eff. May 30, 2013.

    History

    Source. V.S. 1947, § 4388. P.L. § 4311. 1933, No. 157 , § 4041. G.L. § 1306. 1915, No. 64 , § 77. P.S. § 1051. V.S. § 723. 1892, No. 21 , § 8. 1888, No. 9 , § 188. R.L. § 616. 1878, No. 117 , § 6. 1874, No. 33 , § 4. 1872, No. 18 , § 2. G.S. 22, § 109. 1858, No. 1 , § 7.

    Amendments--2013 Section amended generally.

    Amendments--1963. Deleted "printed forms of teacher's contracts and" preceding "interrogatories" in the first sentence and added the second sentence.

    § 1322. Transmission to superintendents and teachers.

    Annually, in the month of June, the Secretary shall provide access to the school register. Superintendents shall ensure that school registrars and other staff have received the register and updated the current student information system at least 10 days prior to the beginning of the school year.

    Amended 2013, No. 56 , § 8, eff. May 30, 2013.

    History

    Source. V.S. 1947, § 4389. P.L. § 4312. 1933, No. 157 , § 4042. G.L. § 1307. 1917, No. 254 , § 1267. 1915, No. 64 , § 78. 1912, No. 63 , §§ 3, 4. 1910, No. 65 , §§ 10, 17. P.S. §§ 1002, 1052. 1896, No. 19 , § 7. V.S. §§ 682, 724. 1892, No. 21 , §§ 9, 10, 13. 1888, No. 9 , § 189. R.L. §§ 617, 619, 622. 1878, No. 117 , § 1. 1876, No. 52 , § 1. 1874, No. 33 , § 4. 1872, No. 18 , § 2. 1864, No. 58 . G.S. 22, §§ 22, 109, 110. 1858, No. 1 , §§ 7, 8.

    Amendments--2013. Section amended generally.

    § 1323. Registrar's duties.

    The superintendent shall appoint a registrar for each school within the supervisory union. Pursuant to the school register, the registrar shall maintain the record of student enrollment, daily attendance, and other requested information and shall oversee transmission of student data to the Secretary on or before July 15 annually.

    Amended 1987, No. 137 (Adj. Sess.), § 1; 2013, No. 56 , § 8, eff. May 30, 2013.

    History

    Source. V.S. 1947, § 4390. P.L. § 4313. G.L. § 1308. 1915, No. 64 , § 79. 1912, No. 63 , § 5. P.S. § 1053. V.S. § 725. 1892, No. 21 , § 11. 1888, No. 9 , § 191. 1886, No. 33 , § 3. R.L. § 620. 1878, No. 117 , § 1. 1865, No. 30 . 1864 No. 58. G.S. 22, § 110. 1858, No. 1 , § 8.

    Amendments--2013. Section amended generally.

    Amendments--1987 (Adj. Sess.). Section amended generally.

    § 1324. Superintendent's duties.

    At the end of the school year, the superintendent shall examine the register of each school, verify the accuracy of the information, and notify in writing the chair of the school board and the Secretary that the school register for the year is complete and accurate.

    Amended 1975, No. 48 , § 12, eff. April 15, 1975; 1987, No. 137 (Adj. Sess.), § 2; 2001, No. 61 , § 76, eff. June 16, 2001; 2003, No. 36 , § 10; 2009, No. 91 (Adj. Sess.), § 9, eff. May 6, 2010; 2013, No. 56 , § 8, eff. May 30, 2013.

    History

    Source. V.S. 1947, §§ 4391, 4392. P.L. §§ 4314, 4315. 1933, No. 157 , § 4045. G.L. §§ 1309, 1310. 1917, No. 254 , § 1270. 1915, No. 64 , §§ 80, 81. 1912, No. 63 , §§ 6, 7. 1910, No. 65 , § 18. 1908, No. 45 , § 2. P.S. §§ 1054, 1055. R. 1906, § 968. 1896, No. 19 , § 7. V.S. §§ 726, 727. 1892, No. 21 , §§ 12, 13. 1888, No. 9 , §§ 191, 192, 193. R.L. §§ 621, 622. 1878, No. 117 , § 1. 1867, No. 19 . 1865, No. 30 . 1864, No. 58 . G.S. 22, § 110. 1858, No. 1 , § 8.

    Amendments--2013. Section amended generally.

    Amendments--2009 (Adj. Sess.) Subsec. (b): Deleted the former fourth sentence.

    Amendments--2003. Subsec. (b): Substituted "license" for "certificate" in the second sentence and added the last four sentences.

    Amendments--2001. Subsec. (b): Deleted the third sentence.

    Amendments--1987 (Adj. Sess.). Section amended generally.

    Amendments--1975. Subsec. (b): Substituted "August 15" for "July 3" following "before" in the second sentence.

    CHAPTER 31. MEDICAL INSPECTION GENERALLY; HEALTH SERVICES

    History

    Legislative findings, purpose and goals 1999, No. 125 (Adj. Sess.), § 1, provided:

    "(a) The General Assembly finds that:

    "(1) There is significant evidence that hazardous chemical exposure and poor indoor air quality can negatively affect human health and productivity.

    "(2) Problems related to hazardous chemical exposure ranging from complaints of minor illness to death are documented in medical, institutional and governmental studies.

    "(3) Children are particularly susceptible to adverse health effects from hazardous chemical exposure and poor indoor air quality, as their bodies are undergoing rapid growth and development, their immune systems are not fully functional and they are likely to be in contact with materials not encountered by adults.

    "(4) A school environment, in which hazardous exposures are reduced and an adequate supply of fresh or filtered air is provided reduces viruses and allergens, increases the likelihood that school students and staff will be more alert and productive and may reduce risk of litigation.

    "(5) Problems involving potentially hazardous chemical exposure and poor indoor air quality are associated with increased use of manufactured construction materials, energy conservation measures which have sealed school buildings more tightly, inadequate air exchange which fails to eliminate pollutants from inside school buildings, and moisture problems that cause biological growth inside school buildings.

    "(6) Information on least-toxic and nontoxic materials, nonchemical pest control methods and appropriate maintenance practices and standards is widely available through governmental agencies, nonprofit organizations and professional societies, but is not readily accessible through a single information source.

    "(b) It is the purpose of this act to direct the department of health, in consultation with other state agencies, to compile and make available to all Vermont schools, information about materials and practices commonly used in school operation and construction that may compromise indoor air quality or negatively impact human health. It is also the purpose of this act to encourage schools, with assistance from the department of health, to develop programs that will enable them to identify and eliminate potentially hazardous materials, isolate those hazardous materials that cannot be eliminated, and adequately ventilate school buildings to exhaust any pollutants and contaminants.

    "(c) It is the goal of this act that at least 50 percent of Vermont schools qualify for an environmental health certification by January 2005."

    Cross References

    Cross references. Comprehensive health education, see chapter 1, subchapter 7 of this title.

    Human immuno-deficiency virus (HIV) testing, see 18 V.S.A. § 1127.

    Immunization of students, see 18 V.S.A. chapter 21, subchapter 4.

    Subchapter 1. Medical Inspection Generally; Health Services

    §§ 1381-1384. Repealed. 2011, No. 129 (Adj. Sess.), § 5, eff. May 11, 2012.

    History

    Former §§ 1381-1384. Former § 1381, relating to definition of medical inspector, was derived from V.S. 1947, § 4393; P.L. § 4316; G.L. § 1317 and 1915, No. 72 , § 5.

    Former § 1382, relating to appointment and compensation of medical inspector, was derived from V.S. 1947, §§ 4394, 4395. P.L. §§ 4317, 4318. 1933, No. 157 , § 4048. 1927, No. 33 , §§ 1, 2. 1921, No. 56 , § 1. G.L. § 1313. 1917, No. 254 , § 1273. 1915, No. 72 , § 1. 1910, No. 73 , § 1.

    Former § 1383, relating to duties of inspectors, was derived from V.S. 1947, §§ 4396, 4397. P.L. §§ 4319, 4320. G.L. §§ 1314, 1315. 1915, No. 72 , §§ 2, 3. 1910, No. 73 , §§ 2, 3 and amended by 1959, No. 329 (Adj. Sess.), § 27 and 1991, No. 24 , § 11.

    Former § 1384, relating to examination by physicians, was derived from V.S. 1947, § 4398. P.L. § 4321. G.L. § 1316. 1915, No. 72 , § 4.

    Annotations From Former § 1381

    1. Osteopath.

    Osteopath would be considered licensed physician for purposes of this section. 1934 Op. Atty. Gen. 164.

    § 1385. Repealed. 2011, No. 75 (Adj. Sess.), § 81, eff. March 7, 2012.

    History

    Former § 1385. Former § 1385, relating to appropriation to State Board of Education for improving health and physical education in schools, was derived from V.S. 1947, § 4399. 1947, No. 27 , § 1.

    § 1386. Health services for children.

    In any school year, a school board may expend from its funds a sum not to exceed three percent of that year's school budget for any necessary health service for a student whose parents are unable to pay for it. Expenditures for this purpose may include the purchase of eyeglasses and the provision of dental and other health services approved by the school nurse. The right to determine who is covered under this section shall be in the discretion of the school board.

    Amended 2013, No. 56 , § 10, eff. May 30, 2013.

    History

    Source. V.S. 1947, § 4337. 1935, No. 91 , § 1.

    Amendments--2013. Section amended generally.

    § 1387. Possession and self-administration of emergency medication.

    1. Pursuant to the requirements of this section, each public and approved independent school in the State shall permit students with life-threatening allergies or with asthma to possess and self-administer emergency medication at school, on school grounds, at school-sponsored activities, on school-provided transportation, and during school-related programs.
    2. In each school year for which possession and self-administration of emergency medication is requested, the student's parent or guardian shall provide the school with:
      1. written authorization, on a form to be provided by the school, for the student to possess and self-administer emergency medication;
      2. written documentation from the student's physician:
        1. stating that the student has one or more life-threatening allergies or asthma, or both;
        2. providing the name of the emergency medication, the dosage, and the times and circumstances under which the medication is to be taken;
        3. affirming that the student:
          1. is capable of, and has been instructed by the physician in, the proper method of self-administration of the emergency medication;
          2. has been advised of possible side-effects of the medication;
          3. has been informed of when and how to access emergency services.
    3. In each school year for which possession and self-administration of emergency medication is requested, the student's parent or guardian shall develop, in consultation with the school nurse or the designated health care staff at an approved independent school, a plan of action regarding responding to the student's life-threatening allergy or allergies or asthma. The plan of action shall be based upon the written documentation provided by the student's physician and shall include the name of each emergency medication, the dosage, and the times and circumstances under which the medication is to be taken. The written plan shall prominently state that the medication is solely for the use of the student covered by the plan. The parties developing the plan of action shall determine both to whom the plan, or notification of the plan, shall be given and the person or persons responsible for distribution or notification. The plan may include a requirement that the student notify a school employee or agent after self-administering emergency medication. The written plan shall become part of the student's health records maintained by the school.
    4. The student's parent or guardian shall sign a statement on a form to be provided by the school releasing the school and its employees and agents, including volunteers, from liability as a result of any injury arising from the student's self-administration of the emergency medication, except when the conduct of the school, school employee, or agent would constitute gross negligence, recklessness, or intentional misconduct.
    5. Nothing in this section shall prohibit a public school district or an approved independent school from adopting school policies and individual plans of action regarding the possession and self-administration of emergency medication for medical conditions other than asthma and life-threatening allergies.

      Added 2007, No. 175 (Adj. Sess.), § 1.

    § 1388. Stock supply and emergency administration of epinephrine auto-injectors.

    1. As used in this section:
      1. "Designated personnel" means a school employee, agent, or volunteer who has been authorized by the school administrator to provide and administer epinephrine auto-injectors under this section and who has completed the training required by State Board policy.
      2. "Epinephrine auto-injector" means a single-use device that delivers a premeasured dose of epinephrine.
      3. "Health care professional" means a physician licensed pursuant to 26 V.S.A. chapter 23 or 33, an advanced practice registered nurse licensed to prescribe drugs and medical devices pursuant to 26 V.S.A. chapter 28, or a physician assistant licensed to prescribe drugs and medical devices pursuant to 26 V.S.A. chapter 31.
      4. "School" means a public or approved independent school and extends to school grounds, school-sponsored activities, school-provided transportation, and school-related programs.
      5. "School administrator" means a school's principal or headmaster.
      1. A health care professional may prescribe an epinephrine auto-injector in a school's name, which may be maintained by the school for use as described in subsection (d) of this section. The health care professional shall issue to the school a standing order for the use of an epinephrine auto-injector prescribed under this section, including protocols for: (b) (1)  A health care professional may prescribe an epinephrine auto-injector in a school's name, which may be maintained by the school for use as described in subsection (d) of this section. The health care professional shall issue to the school a standing order for the use of an epinephrine auto-injector prescribed under this section, including protocols for:
        1. assessing whether an individual is experiencing a potentially life-threatening allergic reaction;
        2. administering an epinephrine auto-injector to an individual experiencing a potentially life-threatening allergic reaction;
        3. caring for an individual after administering an epinephrine auto-injector to him or her, including contacting emergency services personnel and documenting the incident; and
        4. disposing of used or expired epinephrine auto-injectors.
      2. A pharmacist licensed pursuant to 26 V.S.A. chapter 36 or a health care professional may dispense epinephrine auto-injectors prescribed to a school.
    2. A school may maintain a stock supply of epinephrine auto-injectors. A school may enter into arrangements with epinephrine auto-injector manufacturers or suppliers to acquire epinephrine auto-injectors for free or at reduced or fair market prices.
    3. The school administrator may authorize a school nurse or designated personnel, or both, to:
      1. provide an epinephrine auto-injector to a student for self-administration according to a plan of action for managing the student's life-threatening allergy maintained in the student's school health records pursuant to section 1387 of this title;
      2. administer a prescribed epinephrine auto-injector to a student according to a plan of action maintained in the student's school health records; and
      3. administer an epinephrine auto-injector, in accordance with the protocol issued under subsection (b) of this section, to a student or other individual at a school if the nurse or designated personnel believe in good faith that the student or individual is experiencing anaphylaxis, regardless of whether the student or individual has a prescription for an epinephrine auto-injector.
    4. Designated personnel, a school, and a health care professional prescribing an epinephrine auto-injector to a school shall be immune from any civil or criminal liability arising from the administration or self-administration of an epinephrine auto-injector under this section, unless the person's conduct constituted intentional misconduct. Providing or administering an epinephrine auto-injector under this section does not constitute the practice of medicine.
    5. On or before January 1, 2014, the State Board, in consultation with the Department of Health, shall adopt policies for managing students with life-threatening allergies and other individuals with life-threatening allergies who may be present at a school. The policies shall:
      1. establish protocols to prevent exposure to allergens in schools;
      2. establish procedures for responding to life-threatening allergic reactions in schools, including postemergency procedures;
      3. implement a process for schools and the parents or guardians of students with a life-threatening allergy to jointly develop a written individualized allergy management plan of action that:
        1. incorporates instructions from a student's physician regarding the student's life-threatening allergy and prescribed treatment;
        2. includes the requirements of section 1387 of this title, if a student is authorized to possess and self-administer emergency medication at school;
        3. becomes part of the student's health records maintained by the school; and
        4. is updated each school year;
      4. require education and training for school nurses and designated personnel, including training related to storing and administering an epinephrine auto-injector and recognizing and responding to a life-threatening allergic reaction; and
      5. require each school to make publicly available protocols and procedures developed in accordance with the policies adopted by the State Board under this section.

        Added 2013, No. 68 , § 4.

    Subchapter 2. Testing Sight and Hearing

    § 1421. Repealed. 2015, No. 48, § 3.

    History

    Former § 1421. Former § 1421, relating to sight and hearing testing equipment, was derived from V.S. 1947, § 4400; 1941, No. 72 , § 1; P.L. § 4322; G.L. § 1318; 1917, No. 254 , § 1278; 1915, No. 64 , §§ 179, 180; P.S. § 1163; 1904, No. 45 , § 1 and amended by 1959, No. 329 (Adj. Sess.), § 27.

    § 1422. Periodic hearing and vision screening; guidelines.

    School districts and primary care providers shall conduct periodic hearing and vision screening of school-aged children pursuant to research-based guidelines developed by the Commissioner of Health in consultation with the Secretary of Education. School districts and primary care providers will attempt to avoid duplicating services provided by the other and will share information as practicable and allowable by law.

    Amended 1969, No. 34 ; 2007, No. 154 (Adj. Sess.), § 6; 2009, No. 44 , § 31, eff. May 21, 2009; 2013, No. 92 (Adj. Sess.), § 134, eff. Feb. 14, 2014.

    History

    Source. 1951, No. 96 , §§ 1, 2. V.S. 1947, § 4401. 1941, No. 72 , § 2. P.L. § 4323. G.L. § 1319. 1917, No. 254 , § 1279. 1915, No. 64 , §§ 179, 180. 1912, No. 80 , § 2. 1910, No. 59 , § 2. P.S. § 1164. 1904, No. 45 , § 1.

    Revision note. V.S. 1947, § 4402, providing that "The duties required of teachers under the provisions of this chapter shall be performed by the inspector in a district having a medical inspector as provided by chapter 204." was omitted as obsolete in view of 1951, No. 96 .

    Amendments--2013 (Adj. Sess.). Substituted "School districts and primary care providers shall conduct periodic" for "Periodic" preceding "hearing"; deleted "shall be conducted by school districts and primary care providers" preceding "pursuant" and substituted "Secretary of Education" for "commissioner of education".

    Amendments--2009. Section amended generally.

    Amendments--2007 (Adj. Sess.). Subsec. (d): Repealed.

    Amendments--1969. Subsec. (a): Added the second sentence.

    Subchapter 3. Health and Safety Generally

    § 1431. Concussions and other head injuries.

    1. Definitions.  As used in this subchapter:
      1. "Coach" means a person who instructs or trains students on a school athletic team.
      2. "Collision sport" means football, hockey, lacrosse, or wrestling.
      3. "Contact sport" means a sport, other than football, hockey, lacrosse, or wrestling, defined as a contact sport by the American Academy of Pediatrics.
      4. "Health care provider" means an athletic trainer, or other health care provider, licensed pursuant to Title 26, who has within the preceding five years been specifically trained in the evaluation and management of concussions and other head injuries. Training pursuant to this subdivision shall include training materials and guidelines for practicing physicians provided by the Centers for Disease Control and Prevention, if available.
      5. "School athletic team" means an interscholastic athletic team or club sponsored by a public or approved independent school for elementary or secondary students.
      6. "Youth athlete" means an elementary or secondary student who is a member of a school athletic team.
    2. Guidelines and other information.  The Secretary of Education or designee, assisted by members of the Vermont Principals' Association selected by that association, members of the Vermont School Boards Insurance Trust, and others as the Secretary deems appropriate, shall develop statewide guidelines, forms, and other materials, and update them when necessary, that are designed to educate coaches, youth athletes, and the parents and guardians of youth athletes regarding:
      1. the nature and risks of concussions and other head injuries;
      2. the risks of premature participation in athletic activities after receiving a concussion or other head injury;
      3. the importance of obtaining a medical evaluation of a suspected concussion or other head injury and receiving treatment when necessary;
      4. effective methods to reduce the risk of concussions occurring during athletic activities; and
      5. protocols and standards for clearing a youth athlete to return to play following a concussion or other head injury, including treatment plans for such athletes.
    3. Notice and training.  The principal or headmaster of each public and approved independent school in the State, or a designee, shall ensure that:
      1. the information developed pursuant to subsection (b) of this section is provided annually to each youth athlete and the athlete's parents or guardians;
      2. each youth athlete and a parent or guardian of the athlete annually sign a form acknowledging receipt of the information provided pursuant to subdivision (1) of this subsection and return it to the school prior to the athlete's participation in training or competition associated with a school athletic team;
        1. each coach of a school athletic team receive training no less frequently than every two years on how to recognize the symptoms of a concussion or other head injury, how to reduce the risk of concussions during athletic activities, and how to teach athletes the proper techniques for avoiding concussions; and (3) (A) each coach of a school athletic team receive training no less frequently than every two years on how to recognize the symptoms of a concussion or other head injury, how to reduce the risk of concussions during athletic activities, and how to teach athletes the proper techniques for avoiding concussions; and
        2. each coach who is new to coaching at the school receive training prior to beginning his or her first coaching assignment for the school; and
      3. each referee of a contest involving a high school athletic team participating in a collision sport receive training not less than every two years on how to recognize concussions when they occur during athletic activities.
    4. Participation in athletic activity.
      1. Neither a coach nor a health care provider shall permit a youth athlete to continue to participate in any training session or competition associated with a school athletic team if the coach or health care provider knows or should know that the athlete has sustained a concussion or other head injury during the training session or competition.
      2. Neither a coach nor a health care provider shall permit a youth athlete who has been prohibited from training or competing pursuant to subdivision (1) of this subsection to train or compete with a school athletic team until the athlete has been examined by and received written permission to participate in athletic activities from a health care provider.
    5. Action plan.
      1. The principal or headmaster of each public and approved independent school in the State or a designee shall ensure that each school has a concussion management action plan that describes the procedures the school shall take when a student athlete suffers a concussion. The action plan shall include policies on:
        1. who makes the initial decision to remove a student athlete from play when it is suspected that the athlete has suffered a concussion;
        2. what steps the student athlete must take in order to return to any athletic or learning activity;
        3. who makes the final decision that a student athlete may return to athletic activity; and
        4. who has the responsibility to inform a parent or guardian when a student on that school's athletic team suffers a concussion.
      2. The action plan required by subdivision (1) of this subsection shall be provided annually to each youth athlete and the athlete's parents or guardians.
      3. Each youth athlete and a parent or guardian of the athlete shall annually sign a form acknowledging receipt of the information provided pursuant to subdivision (2) of this subsection and return it to the school prior to the athlete's participation in training or competition associated with a school athletic team.
    6. Health care providers; presence at athletic events.
      1. The home team shall ensure that a health care provider is present at any athletic event in which a high school athletic team participates in a collision sport. If an athlete on the visiting team suffers a concussion during the athletic event, the health care provider shall notify the visiting team's athletic director within 48 hours after the injury occurs.
      2. Home teams are strongly encouraged to ensure that a health care provider is present at any athletic event in which a high school athletic team participates in a contact sport.
      3. A school shall notify a parent or guardian within 24 hours of when a student participating on that school's athletic team suffers a concussion.

        Added 2011, No. 58 , § 40, eff. May 31, 2011; amended 2011, No. 171 (Adj. Sess.), § 39a; 2013, No. 68 , § 2.

    History

    Amendments--2013. Section amended generally.

    Amendments--2011 (Adj. Sess.). Subsec. (d): Amended generally.

    CHAPTER 33. FIRE AND EMERGENCY PREPAREDNESS DRILLS AND SAFETY PATROLS

    Sec.

    History

    Amendments--2003. 2003, No. 16 , § 1 inserted "AND EMERGENCY PREPAREDNESS" following "FIRE" in the chapter heading.

    § 1481. Fire and emergency preparedness drills.

    1. The principal or person in charge of a public or independent school or another educational institution, other than a university or college, shall drill the students so they are able to leave the school building or perform other procedures described in the school's emergency preparedness plan, or both, in the shortest possible time and without panic or confusion.
    2. A drill shall be held at least once in each month during the school year and a record of the date and time of the drill, together with the time consumed in completing the procedure, shall be kept in the official school register, and such register shall be open at all times for inspection by representatives from the Fire Safety Division of the Department of Public Safety or the Agency of Education.
    3. A school district, independent school, or educational institution whose administrative personnel neglect to comply with the provisions of this section shall be fined not more than $500.00.

      Amended 1973, No. 214 (Adj. Sess.), § 5; 1991, No. 24 , § 11; 2003, No. 16 , § 2; 2003, No. 141 (Adj. Sess.), § 1, eff. April 1, 2005; 2013, No. 92 (Adj. Sess.), § 136, eff. Feb. 14, 2014.

    History

    Source. 1951, No. 97 . V.S. 1947, §§ 4403, 4404. P.L. §§ 4326, 4327. G.L. §§ 1322, 1323. 1915, No. 64 , §§ 84, 85. P.S. §§ 1160, 1161. 1904, No. 47 , §§ 1, 2, 4.

    Amendments--2013 (Adj. Sess.). Section amended generally.

    Amendments--2003 (Adj. Sess.). Subsec. (b): Substituted "the fire safety division of the department of public safety" for "the department of labor and industry".

    Amendments--2003. Section amended generally.

    Amendments--1991. Subsec. (a): Substituted "independent" for "private" following "public or".

    Amendments--1973 (Adj. Sess.). Subsec. (b): Substituted "department of labor and industry" for "department of public safety" following "representatives from the".

    § 1482. Safety patrols.

    1. In the exercise of authorized control and supervision over students attending schools and other educational institutions in this State, both public and independent, the school board or other directing authority of a school or institution may organize and supervise school safety patrols and the appointment, with the permission of parents, of students as members for the purpose of influencing and encouraging other students to refrain from crossing public highways at points other than at regular crossings and for the purpose of directing students not to cross highways at times when the presence of traffic would make crossing unsafe.
    2. The school board or other directing authority shall obtain and keep in force adequate accident insurance to protect students acting as safety patrols during the performance of their services.
    3. The Commissioner of Public Safety shall, upon the request of a school board or other directing authority of any public or independent educational institution, assign an officer or officers of the State Police to assist the school authorities to organize and supervise school safety patrols, advise and make recommendations concerning the elimination of traffic hazards endangering the safety of students, and otherwise assist in promoting safety education in the schools of the State. Within the appropriation of the Department of Public Safety, the Commissioner shall furnish any equipment, material, and supplies that he or she deems necessary for the proper functioning of the school safety patrols. Nothing in this section shall be construed to authorize or permit any safety patrol member to direct vehicular traffic.
    4. Liability shall not attach either to a school, educational institution, governing board, individual director, trustee, superintendent, teacher, or other school authority, parent, sponsor, sponsoring organization, or representative of a sponsor, or to the Department of Public Safety or to any of its employees, by virtue of the organization, maintenance, or operation of a school safety patrol and school safety patrol field day activity organized, maintained, and operated under the authority of this section because of injuries sustained by any student or person, whether a member of the patrol or otherwise, by reason of the operation and maintenance.

      Amended 1991, No. 24 , § 11; 2013, No. 92 (Adj. Sess.), § 137, eff. Feb. 14, 2014.

    History

    Source. 1957, No. 180 , § 1. 1949, No. 103 . V.S. 1947, § 4405. 1941, No. 73 , § 1.

    Revision note. Substituted "independent" for "private" preceding "educational" in the first sentence of subsec. (c) for purposes of conformity with 1991, No. 24 , § 11.

    Amendments--2013 (Adj. Sess.). Section amended generally.

    Amendments--1991. Subsec. (a): Substituted "independent" for "private" preceding "the board".

    ANNOTATIONS

    1. Insurance.

    Adequate insurance coverage means coverage for medical, surgical, and hospitalization expenses and should not be less than $5,000 per pupil for such expenses, but if local board chose to carry less, Department of Education should not substitute its judgment for that of local board. 1956-58 Op. Atty. Gen. 72.

    Protection of policy must extend to child apart from board's liability, and company must agree in writing to pay all expenses, up to policy limit, although in fact school district is not liable for injury sustained. 1956-58 Op. Atty. Gen. 72.

    § 1483. Chapter printed in manuals or handbooks.

    This chapter shall be printed in manuals or handbooks prepared for the guidance of teachers in a school or institution subject to the provisions of this chapter.

    Amended 1977, No. 33 , § 4; 2013, No. 92 (Adj. Sess.), § 138, eff. Feb. 14, 2014.

    History

    Source. V.S. 1947, § 4406. P.L. § 4328. G.L. § 1324. 1915, No. 64 , § 86. P.S. § 1162. 1904, No. 47 , § 3.

    Amendments--2013 (Adj. Sess.). Deleted "such" preceding "manuals" and "as may be" following "handbooks" and substituted "of this chapter" for "thereof".

    Amendments--1977. Deleted "in every register supplied for use in the public schools and" following "printed".

    CHAPTER 35. INTERSTATE COMPACT FOR EDUCATION

    Sec.

    History

    Withdrawal from Compact; prospective repeal of chapter. 1993, No. 140 (Adj. Sess.), § 69, eff. April 15, 1994, provided: "The State of Vermont hereby exercises its right under 16 V.S.A. § 1508 (d) to withdraw from the Education Commission of the States, and pursuant to that section, the Governor is directed to notify the governors of all other party states on or before June 30, 1994. One year form June 30, 1994, the withdrawal of the State of Vermont shall become effective, and on that date Chapter 35 of Title 16 (Interstate Compact for Education) is repealed."

    §§ 1501-1509. Repealed. 1993, No. 140 (Adj. Sess.), § 69; 1995, No. 178 (Adj. Sess.), § 189a.

    History

    Former §§ 1501-1509. Former §§ 1501-1509, relating to the Interstate Compact for Education, were derived from 1967, No. 95 , § 1.

    Prior to the repeal of former sections 1501-1509 by 1995, No. 178 (Adj. Sess.), § 189a, those sections had been previously repealed by 1993, No. 140 (Adj. Sess.), § 69; however, pursuant to 1993, No. 210 (Adj. Sess.), § 184b, the repeal by 1993, No. 140 (Adj. Sess.), § 69 did not take effect.

    CHAPTER 37. CAREER TECHNICAL EDUCATION

    History

    Amendments--2013 (Adj. Sess.). 2013, No. 92 (Adj. Sess.), § 139, eff. Feb. 14, 2014, inserted "Career" preceding "Technical" and substituted "Education" for "Training" in the chapter heading.

    Amendments--1991 (Adj. Sess.). 1991, No. 204 (Adj. Sess.), § 7, substituted "Technical" for "Vocational" preceding "Training" in the chapter heading.

    Career and technical centers; integration with food processing sectors. 2011, No. 58 , § 38 provides: "The department of education, in consultation with the agency of agriculture, food and markets, the Vermont association of career and technical center directors, the workforce development council, slaughterhouse operators, meat processors, chefs, and livestock farmers shall integrate the value added food processing sectors, including meat cutting and processing, into the programs of study offered at the state's regional career and technical education centers."

    Subchapter 1. General Provisions

    § 1521. Purpose.

    1. It is the policy of the State of Vermont that all Vermonters should receive educational services that enable them to master the skills essential for further education and training or for successful entry into or advancement in the workplace.
    2. It is further the policy of the State of Vermont that Vermont's career technical education system shall be based on clear standards for student performance and career technical education program performance and that achievement of these standards shall be measured on a regular and ongoing basis.

      Added 1983, No. 247 (Adj. Sess.), § 1; amended 1991, No. 204 (Adj. Sess.), § 1; 1997, No. 138 (Adj. Sess.), § 5, eff. April 27, 1998.

    History

    2013 (Adj. Sess.) Inserted "career" preceding "technical education" in subsec. (b) in accordance with 2013, No. 92 (Adj. Sess.), § 302.

    Amendments--1997 (Adj. Sess.). Designated the existing provisions of the section as subsec. (a) and deleted the second sentence of that subsec., and added subsec. (b).

    Amendments--1991 (Adj. Sess.). Section amended generally.

    § 1522. Definitions.

    As used in this chapter:

    1. "Secondary CTE student" means a resident of this State, of any age, who has not completed high school and is enrolled in a secondary career technical education program.
    2. "Adult student" means a resident of this State, of any age, who has completed high school and who needs additional career technical education for entry into the labor force or who needs to upgrade skills to qualify for higher pay or for more dependable employment.
    3. "Secondary career technical education" or "secondary CTE" means an educational program leading to a high school diploma, designed to provide students with career and technical knowledge, skills, and attitudes that will prepare them for further education, enhance their employment options, or lead to an industry-recognized credential.
    4. "Regional CTE center" means any of the 16 regional CTE centers operating with State support on January 1, 1984 and any other centers so designated thereafter by rule of the State Board.
    5. "Sending district" means a school district paying tuition on behalf of a student to a school district that provides CTE courses.
    6. "Receiving district" means a school district, inside or outside of this State, receiving tuition on behalf of a student to whom it provides career technical education. The classification of a school district as a receiving district is not altered by reason of the participation of that district in a contract for management of the regional CTE center under section 1543 of this title.
    7. "Service region" means, for each regional CTE center, a region surrounding it designated by rule of the State Board under section 1531 of this title. The State Board may designate a service region for two or more comprehensive high schools if that region is not served by a career technical center.
    8. , (9) [Repealed.]

      (10) "CTE tuition" means the amount calculated by subtracting from total regional technical CTE center costs all expenditures from State and federal grants except for incentive grants, adult education grants, or other State grants as defined by State Board rule, then dividing the result by the sum of the actual number of full-time equivalent out-of-state students and the average of the full-time equivalent Vermont students for the three prior years.

      (11) "Adult career technical education" or "adult CTE" means an educational program that is not part of a postsecondary degree program, that does not award postsecondary credit, and that provides students with career and technical knowledge, skills, and attitudes that will prepare them for further education, enhance their employment options, or lead to an industry-recognized credential.

      (12) "Postsecondary career technical education" or "postsecondary CTE" means an educational program or course of study that awards postsecondary credit and is designed to provide students with career and technical knowledge, skills, and attitudes that will prepare them for further education, enhance their employment options, or lead to an industry-recognized credential.

      (13) "Postsecondary CTE student" means a resident of this State, of any age, who desires to enroll in, or is enrolled in, a postsecondary CTE program.

      (14) "Comprehensive high school" means a public or independent school other than a career technical center that provides secondary career technical education approved under section 1533 of this title.

      Added 1983, No. 247 (Adj. Sess.), § 1; amended 1987, No. 238 (Adj. Sess.), § 1; 1991, No. 204 (Adj. Sess.), § 2; 1993, No. 233 (Adj. Sess.), §§ 49a, 49b, eff. June 21, 1994; 1997, No. 138 (Adj. Sess.), § 24, eff. July 1, 1999; 2001, No. 63 , § 164d, eff. July 1, 2002; 2013, No. 92 (Adj. Sess.), § 140, eff. Feb. 14, 2014.

    History

    2013 (Adj. Sess.) Inserted "career" preceding "technical" throughout the section in accordance with 2013, No. 92 (Adj. Sess.), § 302.

    Amendments--2013 (Adj. Sess.). Section amended generally.

    Amendments--2001. Subdiv. (8): Repealed.

    Subdiv. (9): Repealed.

    Amendments--1997 (Adj. Sess.). Rewrote subdivs. (9) and (10).

    Amendments--1993 (Adj. Sess.). Subdiv. (7): Added the second sentence.

    Subdiv. (14): Added.

    Amendments--1991 (Adj. Sess.). Section amended generally.

    Amendments--1987 (Adj. Sess.). Added subdivs. (8)-(10).

    Subchapter 2. State Board of Education

    § 1531. Responsibility of State Board.

    1. The State Board has overall responsibility for the effectiveness of career technical education. This requires the Board to collect suitable information and to take appropriate steps within its legal, financial, and personnel resources to ensure that:
      1. Career technical education is equally available to students and is of consistent quality in all parts of the State, including areas remote from career technical centers.
      2. The timing and content of career technical education is properly and flexibly coordinated with academic instruction.
      3. Career technical education is available to adult students, particularly in areas where unemployment is high or occupational retraining needs are great. This includes entering into contracts with postsecondary educational institutions or with any resource supplier to provide adult programs at career technical centers.
      4. Career technical education programs and courses of study are demonstrably useful to their graduates in obtaining employment or improving the quality of their employment.
      5. Career technical education programs are well coordinated with related State programs in education and training. This includes ensuring that career technical education graduates receive appropriate credit toward requirements in apprenticeship programs and professional licensing programs.
    2. In order to provide regional career technical education services efficiently, the State Board shall designate a service region for each career technical center. However, the Board may designate a service region for two or more comprehensive high schools if that region is not served by a career technical center.
    3. For a school district that is geographically isolated from a Vermont career technical center, the State Board may approve a career technical center in another state as the career technical center that district students may attend. In this case, the school district shall receive transportation assistance pursuant to section 1563 of this title and tuition assistance pursuant to section 1561(c) of this title. Any student who is a resident in the Windham Southwest Supervisory Union and who is enrolled at public expense in the Charles H. McCann Technical School or the Franklin County Technical School shall be considered to be attending an approved career technical center in another state pursuant to this subsection, and, if the student is from a school district eligible for a small schools support grant pursuant to section 4015 of this title, the student's full-time equivalency shall be computed according to time attending the school.

      Added 1983, No. 247 (Adj. Sess.), § 1; amended 1987, No. 238 (Adj. Sess.), § 14; 1991, No. 204 (Adj. Sess.), § 7; 1993, No. 233 (Adj. Sess.), § 49c, eff. June 21, 1994; 1999, No. 10 , § 1; 1999, No. 29 , § 49, eff. May 19, 1999; 2001, No. 142 (Adj. Sess.), § 188a; 2003, No. 66 , § 183a; 2013, No. 56 , § 28.

    History

    2013 (Adj. Sess.) Inserted "career" preceding "technical center" and "technical education" throughout the section in accordance with 2013, No. 92 (Adj. Sess.), § 302.

    Amendments--2013. Subsec. (c): Added "at public expense" following "enrolled" and substituted "or the Franklin County Technical School" for "at public expense" preceding "shall" in the third sentence.

    Amendments--2003. Subsec. (c): Inserted "and, if the student is from a school district eligible for a small schools support grant pursuant to section 4015 of this title, the student's full-time equivalency shall be computed according to time attending the school" at the end of the subsec.

    Amendments--2001 (Adj. Sess.) Subsec. (c): Added the last sentence.

    Amendments--1999. Subsec. (b): Act No. 10 deleted the last sentence of the introductory paragraph of subsec. (b) and subdivs. (1)-(4).

    Subsec. (c): Added by Act No. 29.

    Amendments--1993 (Adj. Sess.) Subsec. (b): Added the second and third sentences and subdivs. (1)-(4).

    Amendments--1991 (Adj. Sess.) Substituted "technical" for "vocational" wherever it appeared.

    Amendments--1987 (Adj. Sess.) Subsec. (c): Repealed.

    § 1532. Minimum standards; measurement of standards.

    1. The State Board shall adopt by rule:
      1. Minimum standards for the operation and performance of career technical centers that include the education quality standards adopted by the State Board under subdivision 164(9) and section 165 of this title.
      2. Standards for student performance based on the standards adopted by the State Board under subdivision 164(9) of this title and standards for industry recognized credentials.
      3. The minimum number of days of career technical instruction for each academic year.
      4. The minimum number of hours of instruction for each course of study within career technical education.
      5. The availability of remedial programs offered to students by career technical centers or by another school, agency, or program.
      6. Accounting procedures and standards, including methods for calculating tuition for career technical education.
      7. A system of equipment inventory, amortization, and maintenance.
      8. Procedures and requirements for measurement of student knowledge and skill upon entry into and exit from the career technical program. The purpose of the measurement shall be to determine student achievement in relation to the standards for academic and career technical competence as adopted under subdivision (2) of this subsection. Aggregate results shall be reported to the communities in the service region along with other items reported pursuant to subdivision 165(a)(2) of this title.
    2. The following shall be adopted by procedure or rule:
      1. competencies that graduates of each kind of career technical program should be able to demonstrate, including career technical competencies necessary for the student's intended employment;
      2. minimum admissions competencies for entrance into each career technical course of study;
      3. procedures by which the Secretary will review and comment on the employment qualifications of candidates for positions at career technical centers for whom State salary assistance will be requested;
      4. requirements for career technical centers to provide programs designed to acquaint prospective students with career technical courses of study;
      5. procedures by which the Secretary will review and approve use of course of study credits in career technical education to meet State graduation requirements;
      6. procedures, including communications with the sending school districts, to identify unique or specific circumstances relative to a student's progress or safety.

        Added 1983, No. 247 (Adj. Sess.), § 1; amended 1987, No. 238 (Adj. Sess.), § 1a; 1991, No. 204 (Adj. Sess.); 1997, No. 138 (Adj. Sess.), § 6, eff. April 27, 1998; 2015, No. 23 , § 27.

    History

    2013 (Adj. Sess.) Inserted "career" preceding "technical" throughout the section and deleted "technical" preceding "students" in subdiv. (a)(5) in accordance with 2013, No. 92 (Adj. Sess.), § 302.

    Amendments--2015. Subdiv. (a)(1): Substituted "education quality standards" for "school quality standards".

    Amendments--2013 (Adj. Sess.). Section amended generally.

    Amendments--1997 (Adj. Sess.). Section amended generally.

    Amendments--1991 (Adj. Sess.). Substituted "technical" for "vocational" wherever it appeared.

    Amendments--1987 (Adj. Sess.). Subdiv. (c)(5): Added.

    § 1533. Career technical center evaluation.

    1. At least once in each period of five years, and in coordination with the Vermont Advisory Council on Career Technical Education, the Secretary shall evaluate the effectiveness of each career technical center in the State. The State Board by rule shall prescribe the method for conducting these evaluations.
    2. Evaluations of career technical centers shall consider at least the following areas:
      1. compliance with this chapter and the rules of the State Board;
      2. the condition and suitability of the facility and its equipment;
      3. the quality of the course of study, including faculty development policies and instruction;
      4. the overall success of the center at combining academic education, skill training, and employability trait development into its program;
      5. the overall success of the center in providing regionwide services and a flexible response to student needs, integrating its courses of study into a coherent program, and coordinating its program with postsecondary career technical education services;
      6. the satisfaction of the center's customer groups, including graduates, sending schools, and local industry;
      7. the adequacy and effectiveness of the center in meeting the educational and employment needs of all its eligible students, including its success in taking steps to encourage each student to consider enrolling in courses not traditional for that student's gender.
    3. [Repealed.]

      Added 1983, No. 247 (Adj. Sess.), § 1; amended 1991, No. 204 (Adj. Sess.), §§ 3, 7; 2003, No. 122 (Adj. Sess.), § 294w; 2013, No. 92 (Adj. Sess.), § 142, eff. Feb. 14, 2014; 2015, No. 23 , § 33.

    History

    2013 (Adj. Sess.). Inserted "career" preceding "technical" in the section heading and throughout the section in accordance with 2013, No. 92 (Adj. Sess.), § 302.

    Amendments--2015. Subdiv. (b)(7): Substituted "gender" for "sex" following "student's".

    Amendments--2013 (Adj. Sess.). Subsec. (a): Substituted "Vermont Advisory Council on Technical Education, the Secretary" for "Vermont advisory council on technical education, the commissioner or his designee" preceding "shall evaluate".

    Amendments--2003 (Adj. Sess.). Subsec. (c): Repealed.

    Amendments--1991 (Adj. Sess.). Substituted "technical" for "vocational" in the section heading, in two places in the first sentence of subsec. (a) and in the introductory paragraph of subsec. (b) and rewrote subdiv. (b)(5).

    § 1534. Course of study evaluation.

    1. At least once in each period of five years, and in coordination with the Vermont Advisory Council on Career Technical Education, the Secretary shall evaluate the effectiveness of each course of study offered by any career technical center in the State. The State Board by rule shall prescribe the method for conducting these evaluations.
    2. Evaluations of courses of study shall consider at least the following areas as they apply in every center offering that course:
      1. the content and quality of the program, including the scope of instruction and the academic and practical competencies required for completion;
      2. the length of the course;
      3. the adequacy of equipment used in the course;
      4. the appropriateness of the program and its content in light of later career and higher education choices made by recent graduates;
      5. the usefulness of the program to recent graduates;
      6. coordination with other State programs, especially licensing, job training, and apprenticeship programs;
      7. possibilities for decentralization of the program.
    3. [Repealed.]

      Added 1983, No. 247 (Adj. Sess.), § 1; amended 1991, No. 204 (Adj. Sess.), § 7; 2003, No. 122 (Adj. Sess.), § 294w; 2013, No. 92 (Adj. Sess.), § 143, eff. Feb. 14, 2014.

    History

    2013 (Adj. Sess.). Inserted "career" preceding "technical" throughout the section in accordance with 2013, No. 92 (Adj. Sess.), § 302.

    Amendments--2013 (Adj. Sess.). Subsec. (a): Vermont Advisory Council on Technical Education, the Secretary" for "Vermont advisory council on technical education, the commissioner or his designee" preceding "shall evaluate".

    Amendments--2003 (Adj. Sess.). Subsec. (c): Repealed.

    Amendments--1991 (Adj. Sess.). Subsec. (a): Substituted "technical" for "vocational" preceding "education" and preceding "center" in the first sentence.

    Subchapter 3. Local Career Technical Education Programs

    History

    Amendments--2013 (Adj. Sess.). 2013, No. 92 (Adj. Sess.), § 144, eff. Feb. 14, 2014, inserted "Career" preceding "Technical" and "Education" preceding "Programs" in the subchapter heading.

    Amendments--1991 (Adj. Sess.) 1991, No. 204 (Adj. Sess.), § 7, substituted "Technical" for "Vocational" preceding "Programs" in the subchapter heading.

    § 1541. Responsibility of local school boards that operate career technical centers.

    1. A school board that operates a CTE center has responsibility for providing secondary and adult career technical education services within its service region.
    2. A school board that operates a CTE center shall establish a regional advisory board. It shall give due regard to the policy and financial recommendations of its regional advisory board. When the school board rejects a written recommendation of a regional advisory board, or fails to adopt a recommendation after 30 days, it shall notify the advisory board and the Secretary in writing, stating its reasons. If the State Board designates a service region for two or more comprehensive high schools, the boards of the high schools shall establish a joint regional advisory board.
    3. In consultation with its regional advisory board, a school board that operates a regional CTE center shall:
      1. annually set the budget for operation of the center;
      2. establish the secondary and adult curriculum of the regional center, including courses of study offered;
      3. whenever advantageous to the service region, provide for the decentralization of its career technical programs, including the creation of rotating and satellite programs;
      4. employ and, as need requires, dismiss an assistant director for adult education and, subject to section 243 of this title, a director of career technical education;
      5. establish admission and program completion policies;
      6. periodically evaluate the success of the center in serving all parts of its service area and in offering useful adult training and education programs;
      7. periodically evaluate the quality of each course of study offered by the center;
      8. coordinate use of the center with the Vermont State Colleges; with other State programs, including licensing, job training, and apprenticeship programs; and other approved institutions, for the provision of postsecondary career technical education programs, and charge fees not exceeding actual direct and indirect costs of the use of the center;
      9. offer programs designed to acquaint prospective students with CTE programs that do not require an enrollment commitment; and
      10. after giving due consideration to efficient and cost-effective use of the center, establish fees for building and equipment use.
    4. A school board that operates a CTE center:
      1. shall establish a CTE tuition;
      2. shall make the center's facilities and equipment available for providing CTE education to adults; and
      3. shall use and maintain all facilities designed and constructed for career technical education in a manner consistent with that purpose, except when those facilities are not needed for CTE and the Secretary consents.

        Added 1983, No. 247 (Adj. Sess.), § 1; amended 1987, No. 238 (Adj. Sess.), §§ 2, 3; 1989, No. 243 (Adj. Sess.), § 2; 1991, No. 204 (Adj. Sess.), §§ 4, 7; 1993, No. 233 (Adj. Sess.), § 49d, eff. June 21, 1994; 2007, No. 192 (Adj. Sess.), § 6.004, eff. June 7, 2008; 2013, No. 92 (Adj. Sess.), § 145, eff. Feb. 14, 2014.

    History

    2013 (Adj. Sess.) Inserted "career" preceding "technical" in subdivs. (c)(3) and (c)(4) in accordance with 2013, No. 92 (Adj. Sess.), § 302.

    Amendments--2013 (Adj. Sess.). Section amended generally.

    Amendments--2007 (Adj. Sess.). Subdiv. (c)(4): Substituted "assistant director for adult education" for "adult services' coordinator".

    Amendments--1993 (Adj. Sess.) Subsec. (b): Added the fourth sentence.

    Amendments--1991 (Adj. Sess.) Substituted "technical" for "vocational" in two places in subsec. (a), in the first sentence of subsec. (b), in subdivs. (c)(3), (4) and (9), and wherever it appears in subsec. (d), substituted "regional technical" for "vocational" in the introductory paragraph of subsec. (c), and rewrote subdiv. (c)(8).

    Amendments--1989 (Adj. Sess.) Subdiv. (c)(4): Deleted "a director of vocational education and" following "dismiss" and added "and, subject to section 243 of this title, a director of vocational education" following "coordinator".

    Amendments--1987 (Adj. Sess.) Subsec. (c): Added a new subdiv. (1), redesignated former subdivs. (1) and (2) as subdivs. (2) and (3), redesignated former subdiv. (3) as subdiv. (4) and added "and an adult services' coordinator" at the end of that subdiv., redesignated former subdivs. (4)-(8) as subdivs. (5)-(9), and added subdiv. (10).

    Subsec. (d): Rewrote subdiv. (1).

    § 1541a. Responsibility of local boards in sending districts.

    1. A school board of a sending district that offers public education in grade 11 or 12 shall:
      1. Provide students enrolled in grades 11 and 12 with a genuine opportunity to participate fully and to benefit from career technical education.
      2. Provide students enrolled in programs at career technical centers transportation between its high school building and the career technical center or centers in its designated service region or regions.
      3. If the career technical center for the region does not offer a course of study desired by a student, pay tuition on behalf of that student who applies and is accepted to another career technical center that does offer such a course of study. The district of residence is not responsible for providing transportation for a student attending a career technical center under this subdivision.
    2. A school district that maintains a secondary school shall provide the names and addresses of enrolled students to the CTE center for its region for the limited purpose of the CTE center providing information to students and their parents about CTE center offerings. An approved independent school shall provide to the CTE center the names and addresses of enrolled secondary students for whom it receives publicly funded tuition dollars.

      Added 1987, No. 238 (Adj. Sess.), § 4; amended 1991, No. 204 (Adj. Sess.), § 7; 1997, No. 138 (Adj. Sess.), § 7, eff. April 27, 1998; 2013, No. 56 , § 5, eff. May 30, 2013.

    History

    2013 (Adj. Sess.) Inserted "career" preceding "technical center" and "technical education" throughout the section in accordance with 2013, No. 92 (Adj. Sess.), § 302.

    Amendments--2013. Subsec. (b): Added the second sentence.

    Amendments--1997 (Adj. Sess.). Designated the existing provisions of the section as subsec. (a) and in that subsec. added "or centers in its designated service region or regions; and" following "technical center" in subdiv. (2) and added subdiv. (3), and added subsec. (b).

    Amendments--1991 (Adj. Sess.). Substituted "technical" for "vocational" wherever it appeared.

    § 1542. Regional advisory board.

    1. Each regional advisory board shall consist of:
      1. one member from each public high school in the center's service region, elected by and from among the members of that high school board for a term determined by that high school board; and
      2. the superintendent or his or her designee of each supervisory union within the center's service region; and
      3. one member elected for a term of three years by and from among the school board of each sending district in the center's service region that does not have a public high school represented on the advisory board under subdivision (1) of this section; except that, if there are more than three such districts in the center's service area, the advisory board shall select three school boards to represent the interests of all such districts, shall rotate its selections among the districts, and shall stagger the expiration of initial terms; and
      4. one member of the board of each independent comprehensive high school within a service region, elected by the members of that board for a term determined by that board; and
      5. once constituted, the regional advisory board shall elect three additional members for terms of three years to represent the interests of employers or employees, provided that no two terms shall expire in any year.
    2. A regional advisory board, with the consent of the State Workforce Development Board, may delegate its responsibilities to the grantee that performs workforce development activities in the region pursuant to 10 V.S.A. § 542 . In this case, the grantee shall become the regional advisory board unless and until the school board that operates the career technical center requests that the regional advisory board be reconstituted pursuant to subsection (a) of this section.

      Added 1983, No. 247 (Adj. Sess.), § 1; amended 1987, No. 238 (Adj. Sess.), § 5; 1993, No. 233 (Adj. Sess.), § 49e, eff. June 21, 1994; 2001, No. 33 , § 2; 2013, No. 92 (Adj. Sess.), § 147, eff. Feb. 14, 2014; 2015, No. 23 , § 34; 2015, No. 157 (Adj. Sess.), § K.3.

    History

    2013 (Adj. Sess.). Inserted "career" preceding "technical" in subsec. (b) in accordance with 2013, No. 92 , (Adj. Sess.), § 302.

    Amendments--2015 (Adj. Sess.). Subsec. (b): Substituted "State Workforce Development Board" for "Workforce Investment Board" in the first sentence.

    Amendments--2015. Subsec. (b): Substituted "Investment Board" for "Development Council" following "Workforce".

    Amendments--2013 (Adj. Sess.). Section amended generally.

    Amendments--2001. Designated the existing text of the section as subsec. (a) and added subsec. (b).

    Amendments--1993 (Adj. Sess.) Added a new subdiv. (4) and redesignated former subdiv. (4) as subdiv. (5).

    Amendments--1987 (Adj. Sess.) Subdiv. (2): Inserted "or his or her designee" following "superintendent".

    Subdiv. (3): Amended generally.

    Subdiv. (4): Amended generally.

    § 1543. Repealed. 2001, No. 33, § 6.

    History

    Former § 1543. Former § 1543, relating to union municipal district and interlocal contracts, was derived from 1983, No. 247 (Adj. Sess.), § 1 and amended by 1991, No. 204 (Adj. Sess.), § 7.

    § 1544. Career technical courses in other schools.

    Subject to any direction as to courses, teachers, or equipment that the State Board may prescribe by rule, high schools may include within their courses of study pretechnical or career technical courses, or both. Before establishing such a program, a high school shall consult with the regional advisory board for its CTE service region.

    Added 1983, No. 247 (Adj. Sess.), § 1; amended 1987, No. 238 (Adj. Sess.), § 6; 1991, No. 204 (Adj. Sess.), § 7; 2013, No. 92 (Adj. Sess.), § 148, eff. Feb. 14, 2014; 2019, No. 131 (Adj. Sess.), § 76.

    History

    Amendments--2019 (Adj. Sess.). Deleted "and regulations" following "direction" in the first sentence.

    Amendments--2013 (Adj. Sess.). Section amended generally.

    Amendments--1991 (Adj. Sess.) Substituted "technical" for "vocational" wherever it appeared.

    Amendments--1987 (Adj. Sess.) Substituted "regional advisory board" for "director of vocational education" following "consult with the" in the second sentence.

    § 1545. Credits and grades earned.

    1. Grades earned in a course offered within a CTE program approved by the State Board shall not be altered by any public school or approved or recognized independent school in Vermont and shall be applied by the school toward any State graduation requirements in accordance with rules adopted by the State Board. Any State Board rules regarding earning of credits shall allow flexibility with respect to the integration of CTE education and other academic courses.
    2. The credits earned for a career technical education program approved by the State Board shall be honored by any public or independent school within Vermont. If necessary to enable a student to participate in career technical education and graduate with his or her class, the credits earned shall be applied toward any school district or independent school graduation requirements exceeding the minimum number of credits required by the State Board. The school board of the high school from which the student wishes to graduate shall make a determination as to whether the credits shall be applied toward graduation requirements. A decision of a school board may be appealed to the Secretary who shall construe this section to favor participation in career technical education.
    3. For any student attending the Vermont Academy for Science and Technology pursuant to subsection 4011(e) of this title, the credits and grades earned shall, upon request of the student or the student's parent or guardian, be applied toward graduation requirements at the Vermont high school that the student attended prior to enrolling in the Academy.

      Added 1997, No. 138 (Adj. Sess.), § 8; amended 2001, No. 149 (Adj. Sess.), § 68, eff. June 27, 2002; 2003, No. 36 , § 20; 2013, No. 77 , § 9; 2013, No. 92 (Adj. Sess.), § 149, eff. Feb. 14, 2014.

    History

    Reference in text. Subsec. 4011(e) of this title, referred to in subsec. (c), was repealed by 2017, No. 49 , § 29.

    2013 (Adj. Sess.). Inserted "career" preceding "technical" in the first sentence of subsec. (b) in accordance with 2013, No. 92 (Adj. Sess.), § 302.

    Amendments--2013 (Adj. Sess.). Section amended generally.

    Amendments--2013. Subsec. (c): Inserted "resident 12th grade" preceding "student"; and inserted "or in another early college program pursuant to that subsection" following "title".

    Amendments--2003. Subsec. (b): Amended generally.

    Amendments--2001 (Adj. Sess.) Section amended generally.

    § 1546. Comprehensive high schools.

    1. In the sections referenced in this section, when applied to an independent comprehensive high school, the term "school board" or "school district" means "the school's board of trustees."
    2. A comprehensive high school shall charge and receive tuition pursuant to section 824 of this title. A comprehensive high school shall be a career technical center for the purposes of receiving funding for grants per full-time equivalent student under section 1561 of this title, for tryout classes under section 1562 of this title, and for reporting requirements under section 1568 of this title. Funds received under this section shall be used for support of career technical education programs within the comprehensive high school.
    3. Two or more comprehensive high schools for which the State Board has designated a service region shall be a career technical center for the purposes of accountability to the State Board under subchapter 2 of this chapter, responsibilities of the career technical center under subchapter 3 of this chapter, and receiving State financial assistance under subchapter 5 of this chapter, excluding the per equalized pupil general State support grant under subsection 1561(b). The regional advisory board shall determine how funds received under subchapter 5 shall be distributed. A comprehensive high school aggrieved by a decision of the regional advisory board may appeal to the Secretary who, after opportunity for hearing, may affirm or modify the decision.

      Added 1999, No. 10 , § 2; amended 2001, No. 63 , § 164a, eff. July 1, 2002; 2013, No. 92 (Adj. Sess.), § 150, eff. Feb. 14, 2014; 2015, No. 23 , § 35.

    History

    2013 (Adj. Sess.). Inserted "career" preceding "technical" in the final sentence of subsec. (b) in accordance with 2013, No. 92 (Adj. Sess.), § 302.

    Amendments--2015. Subsec. (b): Deleted ", for equipment replacement under section 1564 of this title, for incentive grants under section 1566 of this title" following "section 1562 of this title" in the second sentence.

    Amendments--2013 (Adj. Sess.). Section amended generally.

    Amendments--2001. Subsec. (b): Deleted "except that a comprehensive high school need not report direct and overhead costs" from the end of the second sentence.

    Subchapter 4. Eligibility and Tuition

    § 1551. Secondary student eligibility.

    1. A secondary student shall be enrolled in a program of part-time or full-time career technical education at a career technical center if he or she:
      1. applies for the program; and
      2. is accepted into the program by the career technical center.
    2. A secondary student who is eligible to enroll in a career technical center, but who resides in a sending school district, and who so applies, shall be enrolled for academic education in the high school associated with the career technical center if:
      1. the sending school district operates a high school but does not provide daily transportation at its expense to and from the career technical center; or
      2. the sending school district does not operate a high school.
    3. A secondary student who enrolls in a career technical center may enroll part-time in any school to which he or she would otherwise be entitled to enroll for full-time attendance.

      Added 1983, No. 247 (Adj. Sess.), § 1; amended 1987, No. 238 (Adj. Sess.), § 7; 1991, No. 204 (Adj. Sess.), § 7.

    History

    2013 (Adj. Sess.) Inserted "career" preceding "technical education" in subsec. (a) and preceding "technical center" in subsecs. (b) and (c) in accordance with 2013, No. 92 (Adj. Sess.), § 302.

    Amendments--1991 (Adj. Sess.) Substituted "technical" for "vocational" wherever it appeared.

    Amendments--1987 (Adj. Sess.) Subsec. (a): Deleted "and" following "center" at the end of subdiv. (2) and deleted subdiv. (3).

    § 1551a. Secondary students not enrolled in a high school.

    1. Enrollment in a high school shall not be a precondition for enrollment in a career technical center for a student of any age without a diploma. For the purposes of this section, a general education development credential shall not be considered a high school diploma.
    2. A school district may establish reasonable procedures to require its resident students to discuss educational opportunities within career technical centers or the high school. Procedures shall not interfere with enrollment in a career technical center. If a student without a diploma who is not enrolled in a high school enrolls in a career technical center, within 10 days of enrollment, the career technical center shall notify the school district of residence of the enrollment.

      Added 1997, No. 138 (Adj. Sess.), § 9.

    History

    2013 (Adj. Sess.). Inserted "career" preceding "technical center" throughout the section and substituted "students" for "pupils" in accordance with 2013, No. 92 (Adj. Sess.), § 302.

    § 1552. Secondary student tuition.

    1. Each career technical center shall establish a tuition charge for secondary career technical education. The amount shall reflect the actual cost, as defined by rule of the State Board, of attendance in the career technical courses offered by the center. The tuition charge shall be reduced proportionally for students enrolled in a part-time program.
    2. Secondary students are eligible for tuition assistance in career technical education provided in another state when the State Board determines that such career technical education can properly serve the needs of Vermont students.
    3. For students from a school district within Vermont, funds received under subsection 1561(c) of this title shall be subtracted when calculating the tuition charge. For students who are not Vermont residents, funds received under subsections 1561(b) and (c) of this title shall not be subtracted when calculating the tuition charge.
    4. The tuition charged to a school district within Vermont shall be based on the average of the district's three prior years' full-time equivalent student enrollment in the career technical center.

      Added 1983, No. 247 (Adj. Sess.), § 1; amended 1987, No. 238 (Adj. Sess.), § 8; 1991, No. 204 (Adj. Sess.), § 7; 1997, No. 138 (Adj. Sess.), §§ 10, 25, eff. July 1, 1999, eff. July 1, 1999; 2005, No. 54 , § 11.

    History

    2013 (Adj. Sess.). Inserted "career" preceding "technical center" and substituted "students" for "pupils" throughout the section in accordance with 2013, No. 92 (Adj. Sess.), § 302.

    Amendments--2005 Subsec. (c): Substituted "subsection 1561(c)" for "subsections 1561(b) and (c)" in the first sentence.

    Amendments--1997 (Adj. Sess.). Subsec. (a): Deleted "net cost" following "reflect the actual" in the second sentence.

    Subsecs. (c) and (d): Added.

    Amendments--1991 (Adj. Sess.) Substituted "technical" for "vocational" wherever it appeared.

    Amendments--1987 (Adj. Sess.) Subsec. (a): Rewrote the second sentence.

    Cross References

    Cross references. Tuition assistance, see § 1561 of this title.

    § 1553. Adult students.

    An adult student who is academically qualified for career technical education, who applies and for whom space is available shall be enrolled in a program of secondary career technical education at a career technical center at a rate not to exceed 40 percent of the announced tuition.

    Added 1983, No. 247 (Adj. Sess.), § 1; amended 1987, No. 238 (Adj. Sess.), § 9; 1991, No. 204 (Adj. Sess.), § 7; 1997, No. 138 (Adj. Sess.), § 11, eff. April 27, 1998.

    History

    2013 (Adj. Sess.). Inserted "career" preceding "technical center" throughout the section in accordance with 2013, No. 92 (Adj. Sess.), § 302.

    Amendments--1997 (Adj. Sess.). Section amended generally.

    Amendments--1991 (Adj. Sess.) Substituted "technical" for "vocational" wherever it appeared.

    Amendments--1987 (Adj. Sess.) Subsec. (b): Deleted "it shall be without cost to the adult or to any sending district; and" following "this section" and "additional" preceding "cost shall".

    Subchapter 5. State Financial Assistance

    History

    Repeal of prospective repeal of subchapter. 1997, No. 60 , § 25, as amended by 1997, No. 71 (Adj. Sess.), § 101, eff. March 11, 1998, which provided for the repeal of this subchapter, comprising sections 1561-1567 of this title, on July 1, 1999, was repealed by 1997, No. 138 (Adj. Sess.), § 17(b), eff. April 27, 1998.

    Cross References

    Cross references. Construction aid for approved regional career technical centers, see § 3448e of this title.

    § 1561. Tuition reduction.

    1. In this section:
      1. "Student" means a Vermont secondary student without a diploma regardless of age and regardless of whether the student is enrolled in a high school in Vermont.
      2. "Full-time equivalent student" means the average of a Vermont school district's three prior years' full-time equivalent enrollment of students in the career technical center.
    2. On behalf of a sending school district within Vermont, a career technical center shall receive from the Education Fund for each full-time equivalent student from the district 87 percent of the base education amount, and an equivalent amount shall be subtracted from the amount due to the sending district under section 4011 of this title. The amount sent to the career technical center and subtracted from the sending district shall be considered a revenue and an expenditure of the district and shall be reported as such in appropriate accounts and in the district's annual budget.
    3. Annually, the General Assembly shall appropriate funds to pay for a supplemental assistance grant per full-time equivalent student. The amount of the grant shall be equal to 35 percent of the base education amount for that year.
    4. In any year following a year in which fall semester full-time equivalent enrollment of students at a career technical center increased by 20 percent or more over the previous fall semester, in addition to other aid, the career technical center shall receive an extra supplemental assistance grant equal to two-thirds of the 35 percent of the base education amount for that year, multiplied by the actual full-time equivalent enrollment increase. The next year, if the increase in fall semester full-time equivalent enrollment is less than 20 percent, in addition to other aid, the career technical center shall receive an extra supplemental assistance grant equal to one-third of the 35 percent of the base education amount for the year, multiplied by the actual full-time equivalent increase of the previous fall semester.

      Added 1983, No. 247 (Adj. Sess.), § 1; amended 1987, No. 46 , § 3, eff. May 13, 1987; 1987, No. 238 (Adj. Sess.), §§ 10, 10a; 1991, No. 204 (Adj. Sess.), §§ 6, 7; 1997, No. 138 (Adj. Sess.), § 12, eff. July 1, 1999; 2001, No. 63 , § 164b; 2003, No. 68 , § 18, eff. June 18, 2003; 2003, No. 76 (Adj. Sess.), § 26, eff. Feb. 17, 2004; 2003, No. 122 (Adj. Sess.), § 188; 2005, No. 54 , § 12; 2009, No. 44 , §§ 18, 19, eff. May 21, 2009.

    History

    2013 (Adj. Sess.). Inserted "career" preceding "technical" throughout the section in accordance with 2013, No. 92 (Adj. Sess.), § 302.

    Amendments--2009 Subsecs. (b)-(d): Substituted "amount" for "payment" following "base education".

    Amendments--2005 Subsec. (a): Rewrote the introductory paragraph.

    Amendments--2003 (Adj. Sess.). Act No. 76 substituted "87" for "82" preceding "percent" in subsec. (b) and substituted "35" for "33" preceding "percent" in subsec. (c).

    Act No. 122 added subsec. (d).

    Amendments--2003. Subsec. (b): Amended generally.

    Subsec. (c): Substituted "33 percent of the base education" for "40 percent of the per equalized pupil general state support grant".

    Amendments--2001. Subsec. (c): Amended generally.

    Amendments--1997 (Adj. Sess.). Section amended generally.

    Amendments--1991 (Adj. Sess.) Substituted "technical" for "vocational" wherever it appeared in subsecs. (a)-(d) and added subsec. (e).

    Amendments--1987 (Adj. Sess.) Subsec. (b): Amended generally.

    Subsec. (d): Added.

    Amendments--1987. Subdiv. (b)(1): Inserted "either" following "receiving district and" and "or is enrolled in an approved private school but resides in a sending district which maintains a school for that student's grade" preceding "assistance".

    § 1562. Tryout classes.

    From the monies annually available for use in career technical education, the State Board may reimburse part of the program cost attributable to programs designed to assist students in deciding whether to enroll in career technical courses. As a condition of such assistance, the program shall demonstrate that it has taken steps to encourage each student to consider enrolling in courses not traditional for that student's gender.

    Added 1983, No. 247 (Adj. Sess.), § 1; amended 1991, No. 204 (Adj. Sess.), § 7; 2015, No. 23 , § 36.

    History

    2013 (Adj. Sess.). Inserted "career" preceding "technical" throughout the section in accordance with 2013, No. 92 (Adj. Sess.), § 302.

    Amendments--2015. Substituted "gender" for "sex" following "student's" in the last sentence.

    Amendments--1991 (Adj. Sess.) Substituted "technical" for "vocational" preceding "education" and preceding "courses" in the first sentence.

    § 1563. Transportation assistance.

    1. It is the policy of the General Assembly to encourage Vermont students to enroll in career technical education courses. In furtherance of that policy, transportation assistance is provided for in this section to facilitate the enrollment of Vermont students in career technical education programs.
    2. Transportation assistance shall be paid from the Education Fund to school districts that provide transportation to and from career technical education programs, regardless of whether the program is offered in a career technical center in the district's designated service region or regions or is offered within the career technical center region at a location other than at a career technical center. Assistance shall be $1.50 per mile for actual number of miles traveled, in 1998 dollars adjusted annually by the annual price index for state and local government purchases of goods and services. Payments shall be made on or before December 10 and June 10. Requests submitted on or following May 15 shall be reimbursed in the next payment.
    3. The State Board may adopt rules necessary to implement this section.

      Added 1983, No. 247 (Adj. Sess.), § 1; amended 1991, No. 204 (Adj. Sess.), § 7; 1997, No. 138 (Adj. Sess.), § 13, eff. July 1, 1999; 2007, No. 66 , § 7.

    History

    2013 (Adj. Sess.) Inserted "career" preceding "technical" throughout the section in accordance with 2013, No. 92 (Adj. Sess.), § 302.

    Amendments--2007. Subsec. (b): Substituted "education programs, regardless of whether the program is offered in a technical center" for "centers" and "the district's" for "their" and inserted "or is offered within the technical center region at a location other than at a technical center" following "regions".

    Amendments--1997 (Adj. Sess.). Section amended generally.

    Amendments--1991 (Adj. Sess.) Subsec. (a): Substituted "technical" for "vocational" preceding "center".

    § 1564. Repealed. 2009, No. 1 (Sp. Sess.), § E.511.1.

    History

    Former § 1564. Former § 1564, relating to the equipment replacement fund, was derived from 1983, No. 247 (Adj. Sess.), § 1 and amended by 1987, No. 238 (Adj. Sess.), § 11 and 1991, No. 204 (Adj. Sess.), § 7.

    § 1565. Salary assistance.

    1. The State Board shall reimburse a school district operating a career technical center for a portion of its cost in paying the salary of the following persons:
      1. the director of career technical education;
      2. a person whose principal duty is to provide guidance services for career technical students;
      3. a person whose principal duty is to find job training opportunities for students during the time they are enrolled at the career technical center;
      4. an assistant director for adult education;
      5. an assistant director of career technical education, if the career technical center has full-time equivalent enrollment of at least 150 and the sending school population is at least 30 percent of the career technical center's total full-time equivalent enrollment.
    2. Assistance under this section shall be determined by a formula and standards established by rule of the State Board. The formula and those standards:
      1. Shall provide different levels of support for different positions as follows:
        1. Directors and guidance coordinators' salary assistance shall be 50 percent of the State average salary and benefits for each position, or 50 percent of the actual salary and benefits for each individual, whichever is less.
        2. Assistant directors, except for assistant directors for adult education, if the district is eligible, and co-op teachers' salary assistance shall be 35 percent of the State average salary and benefits for each position or 35 percent of the actual salary and benefits for each individual, whichever is less.
        3. Salary assistance for assistant directors for adult education shall be up to 50 percent of the State average salary and benefits paid to full-time assistant directors for adult education; salary assistance shall be prorated for part-time assistant directors. Salary assistance under this subdivision (1)(C) shall not be paid from the Education Fund to the extent that the obligation is not fully funded from the General Fund. State General Fund assistance shall be divided so that each district employing an assistant director receives the same base amount of State salary support. The base support shall be pro-rated for part-time assistant directors. Payment under this subsection (b) does not preclude a district from using other State and federal grants to supplement the actual salaries and benefits of assistant directors for adult education.
      2. Shall require as a condition of assistance that the director:
        1. Is responsible for the overall administration of all career technical programs.
        2. Reports administratively to the superintendent of schools for the supervisory union of the school district that operates the center, or to a headmaster if the career technical center is not managed by a school board.

          Added 1983, No. 247 (Adj. Sess.), § 1; amended 1987, No. 238 (Adj. Sess.), § 12; 1991, No. 204 (Adj. Sess.), § 7; 2007, No. 46 , § 5a, eff. May 23, 2007; 2007, No. 66 , § 8; 2007, No. 192 (Adj. Sess.), § 6.004.1.

    History

    2013 (Adj. Sess.) Inserted "career" preceding "technical" throughout the section in accordance with 2013, No. 92 (Adj. Sess.), § 302.

    Amendments--2007 (Adj. Sess.). Subdiv. (a)(4): Substituted "assistant director for adult education" for "adult services coordinator".

    Subdiv. (b)(1)(B): Inserted ", except for assistant directors for adult education" following "assistant directors".

    Subdiv. (b)(1)(C): Amended generally.

    Amendments--2007. Subdiv. (a)(5): Substituted "full-time equivalent" for "an" preceding "enrollment" and "150" for "300" following "at least" and inserted "technical center's" preceding "total" and "full-time equivalent" following "total".

    Subsec. (b)(1)(C): Substituted "be" for "not exceed" preceding "50 percent".

    Amendments--1991 (Adj. Sess.) Substituted "technical" for "vocational" wherever it appeared in subsec. (a) and subdiv. (b)(2).

    Amendments--1987 (Adj. Sess.) Subsec. (a): Substituted "shall" for "may" preceding "reimburse" in the introductory paragraph, made minor changes in punctuation in subdiv. (4) and added subdiv. (5).

    Subsec. (b): Amended generally.

    Legislative intent; transitional provision. 2007, No. 192 (Adj. Sess.), § 6.004.2 provides: "(a) Nothing in Sec. 6.004 [which amended 16 V.S.A. § 1541(c)] or 6.004.1 [which amended 16 V.S.A. § 1565] of this act shall be construed to prohibit a technical center from hiring both an assistant director of technical education and an assistant director for adult education or to reduce salary assistance for other technical center positions.

    "(b) Any person employed as an adult service coordinator on the effective date of this act shall assume the position, title, benefits and responsibilities of assistant director of adult education."

    § 1566. Repealed. 2013, No. 56, § 15(3), eff. May 30, 2013.

    History

    Former § 1566. Former § 1566, relating to incentive grants; was derived from 1983, No. 247 (Adj. Sess.), § 1 and amended by 1985, No. 47 ; 1987, No. 238 (Adj. Sess.), § 12a; and 1991, No. 204 (Adj. Sess.), § 7.

    § 1567. Repealed. 2001, No. 63, § 164d, eff. July 1, 2002.

    History

    Former § 1567. Former § 1567, relating to State financial assistance for overhead costs for technical training, was derived from 1987, No. 238 (Adj. Sess.), § 13, and amended by 1999, No. 10 , § 3, and 2001, No. 63 , 159.

    § 1568. Reporting of information.

    1. Annually, in accordance with a timeline, format, and process established by State Board rule, each CTE center shall report its costs and student enrollment, achievement, and performance measures to the Secretary. CTE center financial accounts shall be kept separately from those of the host high school in accordance with rules adopted by the State Board, which shall clearly delineate relevant costs and revenues.
    2. If a CTE center fails to file financial or student information required under this section within the timelines established by rule of the State Board, the Secretary may withhold funds due under this chapter and shall subtract $100.00 per business day from funds due the center under this chapter. The Secretary may waive the $100.00 penalty upon appeal by the center for good cause.

      Added 1997, No. 138 (Adj. Sess.), § 14; amended 1999, No. 10 , § 4; 2001, No. 63 , § 164c, eff. July 1, 2002; 2013, No. 92 (Adj. Sess.), § 151, eff. Feb. 14, 2014.

    History

    Amendments--2013 (Adj. Sess.). Substituted "Secretary" for "commissioner" and "CTE" for "technical" throughout the section and "clearly delineate" for "establish clear delineation of" in subsec. (a).

    Amendments--2001. Subsec. (a): Deleted "direct and overhead" preceding "costs" in the first sentence.

    Amendments--1999. Added the subsec. (a) designation; inserted "and student enrollment, achievement and performance measures" following "overhead costs" in the first sentence; and added subsec. (b).

    Subchapter 5A. Regional Career Technical Center School Districts

    History

    Amendments--2013 (Adj. Sess.) 2013, No. 92 (Adj. Sess.), § 152, inserted "Career" preceding "Technical Center" in the subchapter heading.

    Vote to establish The Patricia A. Hannaford Regional Technical Center School District vote validated. 2003, No. 107 (Adj. Sess.), § 20.

    § 1571. Definitions.

    In this subchapter:

    1. "Regional career technical center school district" and "regional CTE center school district" mean a district that maintains a regional career technical center under a governance structure approved by vote of the electorate pursuant to this subchapter.
    2. "School district" means a school district that maintains a high school.

      Added 2001, No. 33 , § 3; amended 2013, No. 92 (Adj. Sess.), § 153, eff. Feb. 14, 2014.

    History

    Amendments--2013 (Adj. Sess.). Section amended generally.

    § 1572. Formation of a planning committee.

    1. Any two or more of the following may establish a committee to plan the formation of a regional CTE school district with an alternative governance structure for governance of the regional CTE center: either the school board of a school district that operates a regional CTE center or all the school boards that operate a comprehensive high school that have been designated as the regional CTE center; the majority of the school boards of the other school districts in the CTE center region; or an entity that performs workforce development activities pursuant to 10 V.S.A. § 542 in a CTE center region. The planning committee shall consist of representatives of the school district that operates a regional CTE center, the school districts that send students to the regional CTE center, regional employers, and residents of the CTE center region.
    2. The planning committee may determine that no change to the governance structure is needed, or it may prepare a report in the form of an agreement between the school districts that are located in the CTE center region. The report shall describe:
      1. The makeup of the governing board. At least 60 percent of the board members shall be elected by direct vote of the voters or chosen from member school district boards by the member school district boards, or a combination of the two. If the board is to have additional members, who may constitute up to 40 percent of the board, the additional members shall be appointed by the elected and chosen members from member school district boards for the purpose of acquiring expertise in areas they consider desirable. The appointed members may be selected from nominations submitted by the entity that performs workforce development activities pursuant to 10 V.S.A. § 542 or other workforce organizations, or may be chosen without nomination by an organization. Notwithstanding any provision of law to the contrary, a resident of an unorganized town, grant, or gore that sits within the regional CTE center school district who is otherwise eligible to vote under 17 V.S.A. § 2121 may vote for the board members and may be elected to or appointed as a member of the governing board.
      2. [Repealed.]
      3. Proposed bylaws.
      4. A plan for transition from the existing governance structure.
      5. The disposition of the existing CTE center land and facilities.
      6. How existing collective bargaining agreements and employee contracts will be addressed.
      7. Transportation to be provided.
      8. The term of office of the board members and other officers, how other officers are selected, and how board members will be replaced when a vacancy occurs.
      9. The date on which the proposal will be submitted to the voters and whether the votes will be commingled.
      10. A process for amending or dissolving the governance structure.
      11. Any other matter that the committee considers pertinent.

        Added 2001, No. 33 , § 3; amended 2005, No. 32 , § 3; 2005, No. 130 (Adj. Sess.), § 2; 2011, No. 129 (Adj. Sess.), § 17, eff. May 11, 2012; 2013, No. 92 (Adj. Sess.), § 154, eff. Feb. 14, 2014.

    History

    Amendments--2013 (Adj. Sess.). Substituted "CTE" for "technical" and "that" for "which" throughout the section, and "entity that performs workforce development activities pursuant to 10 V.S.A. § 542" for "a workforce investment board".

    Amendments--2011 (Adj. Sess.) Subdiv. (b)(1): Added last sentence.

    Amendments--2005 (Adj. Sess.). Subdiv. (b)(2): Repealed effective July 1, 2007.

    Amendments--2005 Subdiv. (b)(8): Deleted "and" preceding "how other officers" and added "and how board members will be replaced when a vacancy occurs".

    Technical center pilot projects. 2001, No. 33 , § 4, as amended by 2003, No. 46 , § 1 and 2003, No. 107 (Adj. Sess.), § 19 provides: "The following provisions apply to a technical center pilot project operating pursuant to Sec. 121a of Act No. 71 of the Acts of 1998 or Sec. 18 of Act No. 138 of the Acts of 1998:

    "(1) Notwithstanding 16 V.S.A. § 1572, a governing board of a pilot project or a planning committee endorsed by the governing board of a pilot project may be the planning committee for purposes of planning an alternative governance structure for a regional technical center pursuant to 16 V.S.A. chapter 37, subchapter 6A.

    "(2) If a governing board of a pilot project or a planning committee endorsed by the governing board does not apply for and receive approval of a new governance structure pursuant to Sec. 3 of this act by July 1, 2006, the technical center service region shall be governed under the provisions of chapter 37, subchapter 3 of Title 16 after that date."

    § 1573. Approval by State Board of Education.

    The planning committee shall transmit the report to the Secretary who, after consultation with the chair of the entity that performs workforce development activities pursuant to 10 V.S.A. § 542 , shall submit the report with his or her recommendations to the State Board. The State Board, after notice to the planning committee and after giving the committee and other interested parties an opportunity to be heard, shall consider the report and the Secretary's recommendations and decide whether the establishment of an alternative governance structure will be in the best interests of the students and the region. The State Board may request the Secretary or the planning committee, or both, to make further investigation and may consider any other information deemed by it to be pertinent. If, after due consideration and any further meetings as it may deem necessary, the State Board finds that establishment of the alternative governance structure is in the best interests of the students and the region involved, it shall approve the report submitted by the committee, together with any amendments, as a final report of the planning committee and shall give notice of its action to the committee. The chair of the planning committee shall file a copy of the final report with the clerk of each town school district, incorporated school district, unified union school district, and city school district in the region at least 20 days prior to the vote to adopt the alternative governance structure.

    Added 2001, No. 33 , § 3; amended 2013, No. 92 (Adj. Sess.), § 155, eff. Feb. 14, 2014.

    History

    Amendments--2013 (Adj. Sess.). Substituted "Secretary" for "commissioner" and "State Board" for "board" throughout the section, and substituted "entity that performs workforce development activities pursuant to 10 V.S.A. § 542" for "human resources investment council" and "State Board. The State Board" for "state board of education. That board".

    § 1574. Vote to adopt the alternative structure.

    Each town school district, incorporated school district, unified union school district, and city school district within the career technical center region shall vote on adoption of the alternative governance structure and formation of a regional career technical center school district. The vote shall be held on the date specified in the final report. The vote shall be by Australian ballot at separate school district meetings held on the same day and during the same hours. The polls shall remain open at least eight hours. Absentee voting as provided by 17 V.S.A. §§ 2531-2550 shall be permitted. Ballots may be commingled. The meetings shall be warned as a special meeting of each school district voting on the proposal.

    Added 2001, No. 33 , § 3.

    History

    Reference in text. Section 2544 of Title 17, referred to in this section, was repealed by 1979, No. 200 (Adj. Sess.), § 120.

    2013 (Adj. Sess.). Inserted "career" preceding "technical" throughout the section in accordance with 2013, No. 92 (Adj. Sess.), § 302.

    § 1575. Certification.

    Within 10 days of any vote held in accordance with this subchapter, the clerks of the participating school districts shall certify the results of the vote to the Secretary of Education, or, if the ballots are to be commingled, each municipal clerk shall appoint a member of the Board of Civil Authority to transport the uncounted ballots to a predetermined location where the appointed members of each participating school district shall count the commingled ballots. If a majority of the voters vote to approve the formation of the governance system and creation of a regional career technical center district, the Secretary shall declare the existing governance structure of the career technical center to be void, the region to be designated a career technical center school district, and the new governance system to be authorized, all as of the date specified in the application, and shall certify the declaration to the Secretary of State.

    Added 2001, No. 33 , § 3; amended 2013, No. 92 (Adj. Sess.), § 156, eff. Feb. 14, 2014.

    History

    2013 (Adj. Sess.). Inserted "career" preceding "technical" throughout the section in accordance with 2013, No. 92 (Adj. Sess.), § 302.

    Amendments--2013 (Adj. Sess.) Substituted "Secretary of Education" for "commissioner of education" in the first sentence and in the second sentence substituted "Secretary" for "commissioner" and inserted "career" following "designated a".

    § 1576. Effect of certification; application of other laws.

    1. Upon certification under section 1575 of this title, the career technical center region shall become a public school district and shall constitute a body politic and corporate, with all the rights and responsibilities pertaining to a public school district, as specified in this subchapter, and as specified in the approval granted by the State Board. The career technical center school district shall also be a supervisory district for the purpose of providing the planning and administrative functions of a supervisory union for the programs offered.
    2. The provisions of this subchapter are intended to be in addition to the general provisions of law pertaining to schools and school districts, including any laws relating to school choice, and not a limitation upon them, and, in the event there is no provision in this subchapter to cover a situation and the situation is covered by the general school law or municipal law, the provisions of the general school law or municipal law apply.
    3. A career technical center governed under a structure adopted under this subchapter, except with respect to inconsistent provisions related to methods of governance, shall be subject to all other provisions of this chapter and any other State or federal laws related to the operations of career technical centers and provision of secondary and adult technical education.

      Added 2001, No. 33 , § 3; amended 2019, No. 131 (Adj. Sess.), § 77.

    History

    2013 (Adj. Sess.) Substituted "career technical center" for "technical center" in subsections (a) and (c) in accordance with 2013, No. 92 (Adj. Sess.), § 302.

    Amendments--2019 (Adj. Sess.). Subsec. (a): Substituted "to a public school district" for "thereto" in the first sentence.

    § 1577. Duties and authority of Alternative Governance Board.

    The governance board of a CTE center authorized under this subchapter, in addition to other duties and authority specifically assigned by law to the governing authority of a CTE center, shall have the following duties and authority:

    1. To determine the educational policies of the career technical center. Policies shall be of general application to the center, shall be in writing, codified, and made available to the public. Board policies shall be adopted at regular or special meetings. A board shall give public notice of its intent to adopt a board policy, stating the substance of the proposed policy, at least ten days prior to its adoption. A board may also approve or disapprove rules and regulations proposed by the director for the conduct and management of the center.
    2. To take any action required for the sound administration of the center. The Secretary of Education, with the advice of the Attorney General, upon application by a board, shall decide whether any action contemplated or taken under this subdivision is required for the sound administration of the center and is consistent with law. The Secretary's decision shall be final.
    3. To have the possession, care, control, and management of the property of the center, subject to the provisions of any agreement between the former board of the center and the alternative governing board.
    4. To keep the center buildings and grounds in good repair, suitably equipped, insured, and in safe and sanitary condition at all times. The center shall regulate or prohibit firearms or other dangerous or deadly weapons on school premises. A board's policies in this regard shall be, at minimum, consistent with section 1166 of this title and 13 V.S.A. § 4004 , relating to a student who brings a firearm to or possesses a firearm at school.
    5. To lease or purchase real and personal property, and to sell, relocate, or discontinue use of real and personal property, subject to the terms and conditions of the approval granted to it by the State Board.
    6. To establish and maintain a system for receipt, deposit, disbursement, accounting, control, and reporting procedures that meets the criteria established by the State Board pursuant to subdivision 164(15) of this title and that ensures all payments are lawful and in accordance with the budget adopted pursuant to terms approved by the State Board. The Board may authorize a subcommittee, a superintendent of schools, or a designated employee of the Board to examine claims against the district for center expenses and draw orders for such as shall be allowed by it payable to the party entitled to the payment. Such orders shall state definitely the purpose for which they are drawn and shall serve as full authority to the treasurer to make such payments. It shall be lawful for a board to submit to its treasurer a certified copy of those portions of the board minutes, properly signed by the clerk and chair, or a majority of the board, showing to whom, and for what purpose, each payment is to be made by the treasurer, and the certified copy shall serve as full authority to the treasurer to make the approved payments.
    7. To establish, with the advice and consent of the Auditor of Accounts and the Secretary of Education, a system of accounts for the proper control and reporting of center finances and for stating the annual financial condition of the center.
    8. To sue and be sued.
    9. To execute contracts on behalf of the center, including contracts providing for binding arbitration, by its chair or any person designated whose appointment is recorded in the minutes of the board.
    10. [Repealed.]
    11. To employ persons to carry out the work of the center and dismiss any employee when necessary. The board shall consider the recommendation of the director or superintendent before employing or dismissing any person.
    12. To provide, at the expense of the center, subject to the approval of the director or superintendent, all textbooks, learning materials, equipment, and supplies.
    13. To employ a public accountant every year to audit the financial statements of the regional career technical center school district.
    14. To establish policies and procedures designed to avoid the appearance of board member conflict of interest.
    15. To borrow money by issuance of bonds or notes, not in excess of anticipated revenue for the school year.
    16. To apply for grants and to accept and expend grants and gifts.
    17. To present informational materials, at the expense of the center, to the electorate on any matter to be voted; provided, however, that the materials shall be limited to those that are reasonably designed to inform, educate, and explain to the electorate the board's position on the matter.

      Added 2001, No. 33 , § 3; amended 2003, No. 107 (Adj. Sess.), § 9; 2005, No. 130 (Adj. Sess.), § 2; 2005, No. 182 (Adj. Sess.), § 6; 2013, No. 92 (Adj. Sess.), § 157, eff. Feb. 14, 2014; 2019, No. 131 (Adj. Sess.), § 78.

    History

    2013 (Adj. Sess.). Inserted "career" preceding "technical" throughout the section in accordance with 2013, No. 92 (Adj. Sess.), § 302.

    Amendments--2019 (Adj. Sess.). Subdiv. (6): Substituted "to the payment" for "thereto" in the second sentence.

    Amendments--2013 (Adj. Sess.) Section amended generally.

    Amendments--2005 (Adj. Sess.). Subdiv. (10): Repealed by Act No. 130.

    Subdiv. (13): Act No. 182 deleted "at least once in" following "accountant"; substituted "year" for "three-year period"; inserted "regional technical" preceding "center" and "school district" following "center"; and deleted the remainder of the sentence.

    Amendments--2003 (Adj. Sess.). Substituted "firearm to or possesses a firearm at" for "a weapon to" in subdiv. (4); in subdiv. (6), substituted "a system for receipt, deposit" for "an adequate system of financial", and inserted "meets the criteria established by the state board pursuant to subdivision 164(15) of this title and that" preceding "ensures all payments are lawful" in the first sentence.

    § 1578. Regional career technical center school district meetings.

    The checklist for a regional career technical center school district and records of proceedings shall be made and maintained in the same manner as those functions are carried out in a union school district under sections 706u and 706v of this title.

    Added 2001, No. 33 , § 3.

    History

    2013 (Adj. Sess.). Inserted "career" preceding "technical" in the section heading and in the section in accordance with 2013, No. 92 (Adj. Sess.), § 302.

    § 1578a. Establishment of a regional career technical center budget.

    1. The board of directors of the regional career technical center school district shall at each annual meeting present an estimate of the expenses for the ensuing year, and the district shall appropriate that sum that it deems necessary for the expenses, together with the amount required to pay any balance left unpaid from the preceding year, expressing the sum in dollars in its vote. If a budget for the operation of the district is not approved, a subsequent meeting or meetings shall be warned.
    2. If a budget has not been approved on or before June 30 of any year, the school board may borrow funds pursuant to the authority granted under section 566 of this title.
    3. Following adoption of a budget, the board shall calculate each member district's share pursuant to section 1552 of this title. Upon receipt of the notice of the amount, the share shall become a legal obligation of the member district without need for further vote of the member district electorate and shall be included in the member district's education spending amount.

      Added 2005, No. 130 (Adj. Sess.), § 1.

    History

    2013 (Adj. Sess.). Inserted "career" preceding "technical" in the section heading and in the section in accordance with 2013, No. 92 (Adj. Sess.), § 302.

    § 1579. Incurring debt.

    1. If authorized by a majority of the qualified voters voting on the question in accordance with this section, a regional career technical center school district may incur indebtedness for improvements or the acquisition of capital assets for the purposes for which the district is established as provided in this chapter.
    2. Each town school district, incorporated school district, unified union school district, and city school district within the regional career technical center school district shall vote on a decision to incur indebtedness for improvements as provided by 24 V.S.A. chapter 53, subchapter 1. The vote shall be determined by Australian ballot or voting machine on the same day and during the same hours at each regular polling place in each town school district, incorporated school district, unified union school district, and city school district within the regional career technical center school district. Absentee voting in accordance with 17 V.S.A. chapter 51, subchapter 6 shall be permitted. The Board of Civil Authority of each town within the regional career technical center school district shall be responsible for determining the eligibility of persons to vote, the supervision of the election, and the transportation of ballots in its district to a central point designated by the governing board of the regional career technical center school district. The ballots shall be commingled. Counting of ballots by representatives of the Boards of Civil Authority of the towns in the regional career technical center school district shall be supervised by the regional career technical center school district clerk or his or her designee.
    3. Obligations incurred under 24 V.S.A. chapter 53, subchapter 1 shall be the joint and several obligations of the regional career technical center school district and of each of the town school districts, incorporated school districts, the member towns of unified union school districts, and city school districts within the career technical center region. Any joint or several liability incurred by a town school district, incorporated school district, the member towns of a unified union school district, or city school district within the career technical center region under the provisions of this subchapter shall not be considered in determining its debt limit for its own separate purposes.

      Added 2001, No. 33 , § 3.

    History

    2013 (Adj. Sess.). Inserted "career" preceding "technical" throughout the section in accordance with 2013, No. 92 (Adj. Sess.), § 302.

    Subchapter 6. Postsecondary Career Technical Education

    History

    Amendments--2013 (Adj. Sess.) 2013, No. 92 (Adj. Sess.), § 158, eff. February 14, 2014, inserted "Career" preceding "Technical Education" in the subchapter heading.

    § 1591. Governance.

    The governing body for the provision of postsecondary career technical education shall be the Board of Trustees of the Vermont State Colleges pursuant to chapter 72 of this title. However, nothing in this chapter shall be interpreted to diminish or interfere with the rights and responsibilities of students in postsecondary degree-granting programs or the public or private institutions offering such programs.

    Added 1991, No. 204 (Adj. Sess.), § 5.

    History

    2013 (Adj. Sess.) Inserted "career" preceding "technical education" in accordance with 2013, No. 92 (Adj. Sess.), § 302.

    § 1592. Powers and responsibilities of Board of Trustees.

    With respect to the provision of postsecondary career technical education programs, in addition to those powers and responsibilities set forth in chapter 72 of this title, the Vermont State Colleges Board of Trustees shall:

    1. provide on a statewide basis, subject to the payment of fees by enrolled students, postsecondary career technical education programs and establish policies and determine curriculum for the provision of such education;
    2. coordinate such programs with secondary regional career technical education centers and, to the maximum extent possible, contract with such centers for the use of the center's facilities;
    3. coordinate such programs with other employment and training programs such as those offered by the Department of Employment and Training, the Department of Labor, the Department for Children and Families, the Agency of Commerce and Community Development, independent colleges, and the Vermont Student Assistance Corporation; and
    4. possess all other necessary and implied powers to carry out such responsibilities.

      Added 1991, No. 204 (Adj. Sess.), § 5; amended 1995, No. 190 (Adj. Sess.), § 1(a); 1999, No. 147 (Adj. Sess.), § 4; 2005, No. 103 (Adj. Sess.), § 3, eff. April 5, 2006; 2005, No. 174 (Adj. Sess.), § 34.

    History

    2013 (Adj. Sess.) Inserted "career" preceding "technical education" throughout the section in accordance with 2013, No. 92 (Adj. Sess.), § 302.

    Amendments--2005 (Adj. Sess.). Subdiv. (3): Act No. 103 substituted "department of labor" for "department of labor and industry".

    Act No. 174 substituted "department for children and families" for "department of prevention, assistance, transition, and health access".

    Amendments--1999 (Adj. Sess.). Subdiv. (3): Substituted "department of prevention, assistance, transition, and health access" for "department of social welfare".

    Amendments--1995 (Adj. Sess.) Subdiv. (3): Substituted "agency of commerce and community development" for "agency of development and community affairs".

    § 1593. Secondary students in postsecondary career technical education programs.

    A secondary career technical student may be enrolled in postsecondary career technical education courses at the expense of the student's school district of residence if the enrollment is accepted by the postsecondary career institution and approved by the district of residence as being in the best interests of the student and if the enrollment is approved for credit toward high school graduation requirements. The school board awarding graduation credits shall consider the recommendation of the regional advisory board, regional technical center school district board, or any other authorized alternate governing board and shall provide an opportunity for the secondary student also to receive postsecondary credit.

    Added 1991, No. 204 (Adj. Sess.), § 5; amended 2005, No. 54 , § 13.

    History

    2013 (Adj. Sess.) Inserted "career" preceding "technical" and "education" preceding "programs" in section heading and "courses" in section in accordance with 2013, No. 92 (Adj. Sess.), § 302.

    Amendments--2005 Inserted "regional technical center school district board, or any other authorized alternate governing board" in the second sentence.

    CHAPTER 39. VERMONT STUDENT APPRENTICESHIP PROGRAM

    Sec.

    § 1601. Definitions.

    As used in this chapter:

    1. "Articulation agreement" means a written agreement between a secondary school and a postsecondary institution or registered apprenticeship program specifying the responsibilities for each party to the agreement with respect to student apprentices working towards completion of a registered apprenticeship program or a postsecondary degree. The agreement may include acceptance of a student apprentice into a registered apprenticeship program or postsecondary school pending completion of a student apprenticeship program.
    2. "Industry competency standards" mean performance criteria developed jointly by educators and business representatives and adopted by the State Board that define skills and knowledge that are needed in the workplace.
    3. "Registered apprenticeship" means an apprenticeship or on the job training program registered by the State Apprenticeship Council under 21 V.S.A. § 1102 in which a person enters into a contract to receive instruction and occupational preparation in a trade, craft, or business from an employer and is provided wages in consideration for services.
    4. "Student apprentice" means an individual, enrolled in a school, who is participating in a student apprenticeship program approved by the regional advisory board and who is employed in accordance with the federal Fair Labor Standards Act.
    5. "Student apprentice coordinator" means a licensed professional educator whom the State Board of Education finds qualified to plan, implement and evaluate a student apprenticeship program.
    6. "Student apprenticeship program" means a skill-based education program that coordinates and integrates classroom instruction with a structured, work-based learning experience. An individual participating in a student apprenticeship program receives academic instruction and training in a skilled occupation that prepares him or her for postsecondary education, advanced training, or direct employment in a position higher than entry level.
    7. "Worksite mentors" mean individuals employed by business and industry who have demonstrated mastery of their craft or profession, who have been prepared to carry out the role of student advisor, and who provide worksite learning experiences to student apprentices.
    8. "Worksite training" means the part of the apprenticeship program conducted at the place of business or industry.

      Added 1993, No. 155 (Adj. Sess.), § 1, eff. May 17, 1994; amended 2013, No. 92 (Adj. Sess.), § 159, eff. Feb. 14, 2014.

    History

    Reference in text. The Fair Labor Standards Act, referred to in subdiv. (4), is codified as 29 U.S.C. § 201 et seq.

    Amendments--2013 (Adj. Sess.) Section amended generally.

    § 1602. School board responsibilities.

    1. A school board or its equivalent in any independent secondary school may establish and operate a student apprenticeship program under this chapter when the school board has received approval from the regional advisory board.
    2. Each school board that runs a student apprenticeship program shall:
      1. Employ a student apprenticeship coordinator who shall:
        1. Find student apprenticeship opportunities for students.
        2. Develop working relationships between the school and business community.
        3. Select safe and appropriate worksites for student apprentices.
        4. Work with businesses to identify worksite mentors.
        5. Select, adapt and use curricula to meet the academic and career technical education needs of student apprentices.
        6. Quarterly, review each student's performance and the suitability of the program to the student's needs. Report the results of the review to the regional advisory board pursuant to section 1605 of this title.
        7. Annually, report to the regional advisory board concerning the effectiveness of the program pursuant to section 1605 of this title.
      2. Ensure preparation of individuals employed by business to be worksite mentors according to guidelines established by the State Board. Each participating business shall support the preparation of the worksite mentor as a condition to participating in the student apprenticeship program.
      3. Collaborate with and integrate the program with Vermont's school-to-work system.

        Added 1993, No. 155 (Adj. Sess.), § 1, eff. May 17, 1994.

    History

    2013 (Adj. Sess.) Inserted "career" preceding "technical education" in subdiv. (b)(1)(E) in accordance with 2013, No. 92 (Adj. Sess.), § 302.

    § 1603. Elements of the program.

    1. An eligible student may apply to enter the student apprenticeship program upon successful completion of grade 10 or its equivalent and meeting entrance requirements established by the State Board of Education.
    2. A program may be up to four years in length and shall require both academic study and work experience each program year. The program shall emphasize work-based learning, applied academics, team teaching, and other strategies that will enable the student apprentice to enter a postsecondary institution, a registered apprenticeship program, or the workforce in a position above entry level.
    3. The school board, working with the student and the employer, shall prepare an apprenticeship agreement. The agreement shall describe the responsibilities of each party, including program requirements and remuneration to the student by the employer as determined jointly by the student, apprenticeship coordinator, and worksite mentor and shall be valid when signed by each party.
    4. When an articulation agreement is requested and feasible, the school board shall negotiate one for apprentices working towards completion of registered apprenticeship or postsecondary degree requirements.
    5. The student apprenticeship coordinator shall assist the student in maintaining a portfolio that shall include a log of work activities and the results of assessments conducted periodically during the program.
    6. A student apprentice who successfully completes a student apprenticeship program shall receive an industry competency certificate issued by the State Board of Education. In order to earn an industry competency certificate, a student apprentice shall demonstrate mastery of industry competency standards and shall complete academic requirements for graduation.
    7. A record of mastery of skills attained through the apprenticeship program and high school graduation credit shall be recorded in the student's school record.

      Added 1993, No. 155 (Adj. Sess.), § 1, eff. May 17, 1994.

    § 1604. State Board responsibilities.

    The State Board of Education shall:

    1. Establish standards of operation for a student apprenticeship program. Standards shall ensure that a program prepares students to meet labor market standards and needs, and that a student shall receive relevant and quality work experience.
    2. Establish standards for entrance into a student apprenticeship program.
    3. Establish a process for termination of a student from a student apprenticeship program.
    4. In collaboration with related business or trade organizations, establish academic and occupation-specific industry competency standards for each occupation-specific student apprenticeship program offered in the State. The standards shall be those to be met in order to earn an industry competency certificate.
    5. Establish guidelines for preparation of worksite mentors.
    6. Certify those who graduate from a student apprenticeship program as meeting industry competency standards for entrance into the trade or profession the student has studied. The State Board shall maintain a record of certificates issued under this subdivision.

      Added 1993, No. 155 (Adj. Sess.), § 1, eff. May 17, 1994.

    § 1605. Regional advisory board responsibilities.

    Each regional advisory board shall:

    1. Based on standards of operation established by the State Board of Education, approve or disapprove an application from a school board to establish and operate a student apprenticeship program. The Board may rescind approval if the program is not meeting the standards.
    2. Based on standards and processes established by the State Board, determine which applicants shall be accepted into the student apprenticeship programs in its region and determine whether a student should be terminated from a program. Decisions regarding acceptance into a program shall, in part, be based on submission of an acceptable career preparation plan developed by the applicant with the help of a guidance counselor. Decisions regarding termination shall be made with the advice of the student apprenticeship coordinator.
    3. Approve or disapprove proposed worksites and worksite mentors for student apprenticeship programs in its region.
    4. At least quarterly, request information about each student from each student apprenticeship coordinator. The coordinator shall provide information concerning student performance, basic and advanced skill attainment, suitability of the worksite, and worksite mentor effectiveness.
    5. At least annually, request program information from each student apprenticeship coordinator that will enable the Board to judge the overall effectiveness of each student apprenticeship program in its region. The coordinator shall provide information concerning program participation, program completion by students, business and industry participation, quality of instruction, success at combining classroom and worksite instruction, career placement, and employer satisfaction.

      Added 1993, No. 155 (Adj. Sess.), § 1, eff. May 17, 1994.

    CHAPTER 41. PUBLIC HIGH SCHOOL CHOICE

    Sec.

    History

    Statewide public high school choice. 2011, No. 129 (Adj. Sess.), § 34 created present public high school choice provisions at 16 V.S.A. § 822a, Public High School Choice.

    §§ 1621 Repealed. 2011, No. 129 (Adj. Sess.), § 36, eff. July 1, 2013.

    History

    Former § 1621. Former § 1621, relating to the purpose of establishing public high school choice, was derived from 2009, No. 44 , § 27.

    § 1622. Repealed. 2011, No. 129 (Adj. Sess.), § 36, eff. July 1, 2013.

    History

    Former § 1622. Former § 1622, relating to establishment of public high school choice regions, was derived from 1999, No. 150 (Adj. Sess.), § 2 and amended by 2009, No. 44 , § 27. For present provisions providing for statewide public high school choice, see 16 V.S.A. § 822a.

    CHAPTER 42. STUDENT RIGHTS

    Sec.

    § 1623. Freedom of expression.

      1. The General Assembly finds that freedom of expression and freedom of the press are fundamental principles in our democratic society granted to every citizen of the nation by the First Amendment to the U.S. Constitution and to every resident of this State by Chapter I, Article 13 of the Vermont Constitution. (a) (1)  The General Assembly finds that freedom of expression and freedom of the press are fundamental principles in our democratic society granted to every citizen of the nation by the First Amendment to the U.S. Constitution and to every resident of this State by Chapter I, Article 13 of the Vermont Constitution.
      2. These freedoms provide all citizens, including students, with the right to engage in robust and uninhibited discussion of issues.
      3. The General Assembly intends to ensure free speech and free press protections for both public school students and students at public institutions of higher education in this State in order to encourage students to become educated, informed, and responsible members of society.
    1. As used in this chapter:
      1. "Media adviser" means an individual employed, appointed, or designated by a school or its governing body to supervise or provide instruction relating to school-sponsored media.
      2. "School" means a public school operating in the State.
      3. "School-sponsored media" means any material that is prepared, written, published, or broadcast as part of a school-supported program or activity by a student journalist and is distributed or generally made available as part of a school-supported program or activity to an audience beyond the classroom in which the material is produced.
      4. "Student journalist" means a student enrolled at a school who gathers, compiles, writes, edits, photographs, records, or prepares information for dissemination in school-sponsored media.
      5. "Student supervisor" is a student who is responsible for editing school-sponsored media.
      1. Subject to subsection (e) of this section, a student journalist may exercise freedom of speech and freedom of the press in school-sponsored media. (c) (1)  Subject to subsection (e) of this section, a student journalist may exercise freedom of speech and freedom of the press in school-sponsored media.
      2. Subdivision (1) of this subsection shall not be construed to be limited by the fact that the school-sponsored media are:
        1. supported financially by a school or its governing body, or by use of facilities owned by the school; or
        2. produced in conjunction with a class in which the student journalist is enrolled.
      1. Subject to subsection (e) of this section, the student supervisors of school-sponsored media are responsible for determining the content of their respective media. (d) (1)  Subject to subsection (e) of this section, the student supervisors of school-sponsored media are responsible for determining the content of their respective media.
      2. Subject to subdivision (1) of this subsection, a media adviser may teach professional standards of English and journalism to student journalists.
    2. This section shall not be construed to authorize or protect content of school-sponsored media that:
      1. is libelous or slanderous;
      2. constitutes an unwarranted invasion of privacy;
      3. may be defined as obscene, gratuitously profane, threatening, or intimidating;
      4. may be defined as harassment, hazing, or bullying under section 11 of this title;
      5. violates federal or State law; or
      6. creates the imminent danger of materially or substantially disrupting the ability of the school to perform its educational mission.
    3. A school is prohibited from subjecting school-sponsored media, other than that listed in subsection (e) of this section, to prior restraint. A school may restrain the distribution of content in student media described in subsection (e), provided that the school's administration shall have the burden of providing lawful justification without undue delay. Content shall not be suppressed solely because it involves political or controversial subject matter or is critical of the school or its administration.
    4. A student journalist may not be disciplined for acting in accordance with this section.
    5. A media adviser may not be dismissed, suspended, disciplined, reassigned, or transferred for:
      1. taking reasonable and appropriate action to protect a student journalist for engaging in conduct protected by this section; or
      2. refusing to infringe on conduct that is protected by this section, by the first amendment to the U.S. Constitution, or by the Vermont Constitution.
    6. Each school or its governing body shall adopt a written policy consistent with the provisions of this section.
    7. No expression made by students in school-sponsored media shall be deemed to be an expression of school policy.

      Added 2017, No. 49 , § 46, eff. May 23, 2017; amended 2019, No. 131 (Adj. Sess.), § 79.

    History

    Amendments--2019 (Adj. Sess.). Subsec. (a): Deleted subsec. heading "Findings."

    Subdiv. (a)(1): Substituted "Chapter I, Article 13 of the Vermont Constitution" for "Vt. Const. Ch. I, Art. 13".

    Subsec. (b): Deleted subsec. heading "Definitions."

    PART 3 Teachers

    Cross References

    Cross references. Reporting suspected child abuse or neglect, see 33 V.S.A. chapter 49, subchapter 2.

    CHAPTER 51. EXAMINATION AND LICENSING OF TEACHERS

    Sec.

    History

    Amendments--1989 1989, No. 118 § 3, substituted "Licensing" for "Certification" following "Examination and" in the chapter heading.

    Cross References

    Cross references. State Board of Education, general powers and duties, see § 164 of this title.

    §§ 1691 Repealed. 1969, No. 298 (Adj. Sess.), § 79.

    History

    Former § 1691. Former § 1691, relating to general regulations for examination and certification of teachers, was derived from V.S. 1947, § 4229; P.L. § 4183; G.L. § 1202; 1915, No. 64 , §§ 91, 94; 1912, No. 64 , § 3; 1912, No. 80 , § 3; 1910, No. 59 , § 1; 1910, No. 61 , § 3; 1910, No. 64 ; 1908, No. 37 ; P.S. §§ 922, 925, 926; P.S. ch. 44; V.S. §§ 605, 610, 611; 1890, No. 58 , §§ 3, 8, 12; 1888, No. 9 , §§ 49, 50, 65, ch. 2.

    § 1692. Repealed. 2005, No. 214, § 13(d).

    History

    Former § 1692. Former § 1692, relating to requirements as to license and age limit, was derived from V.S. 1947, § 4232. P.L. § 4186. G.L. § 1205. 1917, No. 254 , § 1168. 1915, No. 64 , § 95. P.S. § 954. 1902, No. 25 , § 1. V.S. § 644. 1890, No. 5 , § 4. 1888, No. 9 , § 40. R.L. §§ 481, 494-496 and amended by 1989, No. 118 , § 3.

    §§ 1693, 1694. Repealed. 1977, No. 33, § 6.

    History

    Former §§ 1693, 1694. Former § 1693, relating to prior certificates and revocation thereof, was derived from V.S. 1947, § 4230; P.L. § 4184; G.L. § 1203; 1915, No. 64 , § 92.

    Former § 1694, relating to five year certificate on demand, was derived from V.S. 1947, § 4235; P.L. § 4189; 1923, No. 33 , § 1.

    § 1695 , 1696. [Reserved for future use.].

    History

    Former § 1697. Former § 1697, relating to fees, was derived from 1971, No. 104 , § 2 and amended by 1989, No. 118 , § 1; 1997, No. 59 , § 26, eff. June 30, 1997; 2001, No. 65 , § 12; 2005, No. 202 (Adj. Sess.), § 6.

    § 1697. Repealed. 2005, No. 214, § 13(d).

    CHAPTER 51. PROFESSIONAL EDUCATORS

    Sec.

    § 1691. Purpose.

    The purpose of this chapter is to establish a board of professional educators to oversee the training, licensing, and professional standards of teachers and administrators and to establish hearing panels to determine compliance with those standards to help ensure high caliber professionals and high quality public educational programs for Vermont students.

    Added 2005, No. 214 (Adj. Sess.), § 2, eff. July 1, 2007.

    History

    Former § 1691 - History. Former § 1691, relating to general regulations for examination and certification of teachers, was derived from V.S. 1947, § 4229; P.L. § 4183; G.L. § 1202; 1915, No. 64 , §§ 91, 94; 1912, No. 64 , § 3; 1912, No. 80 , § 3; 1910, No. 59 , § 1; 1910, No. 61 , § 3; 1910, No. 64 ; 1908, No. 37 ; P.S. §§ 922, 925, 926; P.S. ch. 44; V.S. §§ 605, 610, 611; 1890, No. 58 , §§ 3, 8, 12; 1888, No. 9 , §§ 49, 50, 65, ch. 2.

    § 1691a. Definitions.

    As used in this chapter:

    1. "Administrator" means an individual licensed under this chapter the majority of whose employed time in a public school, school district, or supervisory union is assigned to developing and managing school curriculum, evaluating and disciplining personnel, or supervising and managing a public school system or public school program.
    2. "Applicant" means an individual applying for a license.
    3. "Educator" means any teacher or administrator requiring a license under this chapter.
    4. "Endorsement" means the grade level and field in which an educator is authorized to serve. A license shall bear one or more endorsements.
    5. "Hearing panel" means the persons assigned in individual cases to find facts, reach conclusions of law, and make decisions regarding compliance with standards for obtaining, retaining, and renewing licenses.
    6. "License" means a license to engage in teaching or school administration, as the context requires, in the State and includes, unless the context requires otherwise, the endorsements the licensee has applied for or possesses. "Licensee" means an individual licensed under this chapter.
    7. "Licensing action" means action that suspends, revokes, limits, or conditions licensure or certification in any way and includes warnings, reprimands, probation, and administrative penalties.
    8. "Office" means the office within the Agency responsible for professional standards and educator licensing.
    9. "Standards Board" means the Vermont Standards Board for Professional Educators established under section 1693 of this title.
    10. "Teacher" means an individual licensed under this chapter the majority of whose employed time in a public school district or supervisory union is assigned to furnish to students direct instructional or other educational services, as defined by rule of the Standards Board, or who is otherwise subject to licensing as determined by the Standards Board.

      Added 2005, No. 214 (Adj. Sess.), § 2, eff. July 1, 2007; amended 2013, No. 92 (Adj. Sess.), § 160, eff. Feb. 14, 2014.

    History

    Amendments--2013 (Adj. Sess.). Subdiv. (8): Substituted "Agency" for "department of education".

    § 1692. Requirement as to license.

    Except for a substitute teacher in accordance with rules adopted by the Standards Board, a person shall not be employed as a teacher or administrator in a public school without having a license then in force.

    Amended 1989, No. 118 , § 3; 2005, No. 214 (Adj. Sess.), § 2, eff. July 1, 2007.

    History

    Source. V.S. 1947, § 4232. P.L. § 4186. G.L. § 1205. 1917, No. 254 , § 1168. 1915, No. 64 , § 95. P.S. § 954. 1902, No. 25 , § 1. V.S. § 644. 1890, No. 5 , § 4. 1888, No. 9 , § 40. R.L. §§ 481, 494-496.

    Amendments--2005 (Adj. Sess.). Section amended generally.

    Amendments--1989. Substituted "license" for "certificate" preceding "age limit" in the section heading, following "having a" in the first sentence and preceding "shall not" in the second sentence.

    § 1693. Standards Board for Professional Educators.

    1. There is hereby established the Vermont Standards Board for Professional Educators comprising 13 members as follows: seven teachers; two administrators, one of whom shall be a school superintendent; one public member; one school board member; one representative of educator preparation programs from a public institution of higher education; and one representative of educator preparation programs from a private institution of higher education.
    2. Appointment and qualifications.  All members of the Standards Board shall be appointed by the Governor for terms of three years, which shall begin July 1 of the year of appointment. Prior to appointing a member, the Governor shall consult with the State Board of Education, and, as appropriate, the Vermont National Education Association, the Vermont School Boards Association, the Vermont Principals Association, the Vermont Superintendents Association, the Vermont State Colleges, the University of Vermont, and the Association of Vermont Independent Colleges. No person shall be eligible for more than one sequential reappointment. The Governor shall appoint a replacement to fill any vacancy on the Standards Board for the remainder of the term. The Governor shall ensure appointments are consistent with the following requirements:
      1. Each member of the Standards Board shall be a citizen of the United States and a resident of Vermont.
      2. The educator members shall be generally representative of elementary and secondary schools and of programs of study taught in Vermont public schools and of administrative positions in Vermont public schools. Teacher members shall hold a license and have at least five years' experience in public school teaching, at least three of which shall have been within the five years preceding appointment. Administrator members shall hold a license and be endorsed as an administrator and have at least five years' experience in public school administration, at least three of which shall have been within the five years preceding appointment.
      3. The school board member shall be a current school district board member or have served on a school district board at some period during the three years prior to appointment.
      4. The public member shall not be a member of the State Board of Education or an employee of any school and shall not derive primary livelihood in the field of public or independent education at any level of responsibility.
    3. Standards Board officers; meetings.  The Standards Board shall elect from its members a chair, vice chair, and secretary who shall serve for one year and until their successors are elected and seated. The Board shall meet at the request of the Chair or at such other times and places as the Board may determine. Seven members of the Board shall constitute a quorum for the transaction of business.
    4. Compensation.  The Agency shall compensate Standards Board members for the performance of their duties and reimburse them for their actual and necessary expenses in accordance with 32 V.S.A. § 1010 .
    5. Administration.  The Standards Board shall be attached for administrative purposes to the office. With respect to the Standards Board, the Secretary shall:
      1. With the advice of the Standards Board, employ a director, prepare an annual budget, and administer money appropriated to the Standards Board by the General Assembly. The budget of the Standards Board shall be part of the budget of the Agency.
      2. Employ administrative staff of the office.
      3. Incur such other expenses as the Secretary determines are necessary.
      4. Act as custodian of the records of the Standards Board.
      5. Annually, conduct a training for members of the Standards Board and the hearing panels established in this chapter, which shall include workshops regarding the powers and duties of the Standards Board and the panels and an opportunity for the Standards Board and hearing panel members to discuss the practical application of standards in quasi-judicial proceedings.

        Amended 2005, No. 214 (Adj. Sess.), § 2, eff. July 1, 2007; 2013, No. 92 (Adj. Sess.), § 161, eff. Feb. 14, 2014; 2017, No. 49 , § 40, eff. May 23, 2017.

    History

    Former § 1693. Former § 1693, relating to prior certificates and revocation thereof, was derived from V.S. 1947, § 4230; P.L. § 4184; G.L. § 1203; 1915, No. 64 , § 92 and was repealed by 1977, No. 33 , § 6.

    2014. Inserted "Vermont" preceding "Independent Colleges" to correct name of entity.

    Amendments--2017. Subsec. (a): Inserted "one of who shall be a school superintendent," following "administrators,".

    Amendments--2013 (Adj. Sess.) Substituted "Agency" for "department" and "Secretary" for "commissioner" throughout section.

    § 1694. Powers and duties of the Standards Board for Professional Educators. Section 1694 effective until April 1, 2021; see also section 1694 effective April 1, 2021 set out below.

    In addition to any other powers and duties prescribed by law or incidental or necessary to the exercise of such lawful powers and duties, the Standards Board shall:

    1. Adopt rules pursuant to 3 V.S.A. chapter 25 with respect to the licensing of teachers and administrators, and of speech-language pathologists and audiologists as provided in 26 V.S.A. chapter 87.
    2. Establish standards for educator preparation programs in Vermont and approve those that meet the standards so that a person graduating from an approved program shall be eligible for a license to engage in teaching or school administration in accordance with Standards Board rules. The Standards Board may accept accreditation of an educator preparation program in Vermont or another state from a national accreditation entity as sufficient for approval.
      1. Each Vermont educator preparation program seeking Results Oriented Program Approval (ROPA) shall be subject to the following fees.
        1. Authority to recommend licensure.  Colleges, universities, and other educator preparation programs that have the authority to recommend applicants for licensure shall pay an annual fee of $1,000.00.
        2. New program initiation.  Colleges, universities, and other educator preparation programs that do not have existing approved ROPA programs, or that wish to add an additional program approved by ROPA, shall pay a fee of $2,000.00 for the initial program application.
        3. Program review.  Colleges, universities, and other educator preparation programs with approved ROPA programs shall pay an annual fee of $25.00 for each applicant who completes a program.
        4. Two-year report.  Colleges, universities, and other educator preparation programs shall pay a fee of $500.00 for the review of the two-year report that they are required to submit following their program review. Programs reviewed to be exemplary by the Vermont Standards Board for Professional Educators may have the requirement of the two-year report waived; in these cases, programs shall not be subject to the two-year report fee.
        5. Visit.  Colleges, universities, and other educator preparation programs shall pay a fee of $1,500.00 for the travel, lodging, and meal expenses of the review team. If a program chooses to have a review team chair travel from outside the State under Vermont State Board of Professional Educators (VSBPE) Policy N2, the program is responsible for all additional expenses in excess of $1,500.00.
      2. Fees collected under this section shall be credited to special funds established and managed pursuant to 32 V.S.A. chapter 7, subchapter 5, and shall be available to the Agency to offset the costs of providing those services.
    3. Establish standards, including endorsements, according to which individuals may obtain a license or have one renewed or reinstated.
    4. Oversee and monitor the application and licensing process administered by the office.
    5. Develop a code of professional ethics and act as advisor to professional educators regarding its interpretation.

      Amended 2005, No. 214 (Adj. Sess.), § 2, eff. July 1, 2007; 2015, No. 149 (Adj. Sess.), § 47.

    History

    Source. V.S. 1947, § 4235; P.L. § 4189; 1923, No. 33 , § 1.

    Former § 1694 - History. Former § 1694, relating to five year certificate on demand, was derived from V.S. 1947, § 4235; P.L. § 4189; 1923, No. 33 , § 1.

    Amendments--2015 (Adj. Sess.). Subdivs. (2)(A) and (2)(B): Added.

    § 1694. Powers and duties of the Standards Board for Professional Educators. Section 1694 effective April 1, 2021; see also section 1694 effective until April 1, 2021 set out above.

    In addition to any other powers and duties prescribed by law or incidental or necessary to the exercise of such lawful powers and duties, the Standards Board shall:

      1. Adopt rules pursuant to 3 V.S.A. chapter 25 with respect to the licensing of teachers and administrators, and of speech-language pathologists and audiologists as provided in 26 V.S.A. chapter 87. (1) (A) Adopt rules pursuant to 3 V.S.A. chapter 25 with respect to the licensing of teachers and administrators, and of speech-language pathologists and audiologists as provided in 26 V.S.A. chapter 87.
      2. Not less than once every five years, review its continuing education or other continuing competency requirements for professional educators. The review results shall be in writing and address the following:
        1. the renewal requirements for licensure and endorsements;
        2. the renewal requirements in other jurisdictions, particularly in the Northeast region;
        3. the cost of the renewal requirements for the licensees; and
        4. an analysis of the utility and effectiveness of the renewal requirements with respect to the purpose set forth in section 1691 of this chapter.
    1. Establish standards for educator preparation programs in Vermont and approve those that meet the standards so that a person graduating from an approved program shall be eligible for a license to engage in teaching or school administration in accordance with Standards Board rules. The Standards Board may accept accreditation of an educator preparation program in Vermont or another state from a national accreditation entity as sufficient for approval.
      1. Each Vermont educator preparation program seeking Results Oriented Program Approval (ROPA) shall be subject to the following fees.
        1. Authority to recommend licensure.  Colleges, universities, and other educator preparation programs that have the authority to recommend applicants for licensure shall pay an annual fee of $1,000.00.
        2. New program initiation.  Colleges, universities, and other educator preparation programs that do not have existing approved ROPA programs, or that wish to add an additional program approved by ROPA, shall pay a fee of $2,000.00 for the initial program application.
        3. Program review.  Colleges, universities, and other educator preparation programs with approved ROPA programs shall pay an annual fee of $25.00 for each applicant who completes a program.
        4. Two-year report.  Colleges, universities, and other educator preparation programs shall pay a fee of $500.00 for the review of the two-year report that they are required to submit following their program review. Programs reviewed to be exemplary by the Vermont Standards Board for Professional Educators may have the requirement of the two-year report waived; in these cases, programs shall not be subject to the two-year report fee.
        5. Visit.  Colleges, universities, and other educator preparation programs shall pay a fee of $1,500.00 for the travel, lodging, and meal expenses of the review team. If a program chooses to have a review team chair travel from outside the State under Vermont State Board of Professional Educators (VSBPE) Policy N2, the program is responsible for all additional expenses in excess of $1,500.00.
      2. Fees collected under this section shall be credited to special funds established and managed pursuant to 32 V.S.A. chapter 7, subchapter 5, and shall be available to the Agency to offset the costs of providing those services.
      1. Establish standards, including endorsements, according to which individuals may obtain a license or have one renewed or reinstated. (3) (A) Establish standards, including endorsements, according to which individuals may obtain a license or have one renewed or reinstated.
      2. Adopt rules for an application process to provide licensure to applicants who can demonstrate three years or more of licensed practice in good standing in another jurisdiction within the United States, regardless of whether that jurisdiction has licensing requirements substantially similar to those of this State. The Standards Board may, by rule, exclude an endorsement from the process required by this subdivision (B) if it finds that licensure through this process for the endorsement does not fulfill the goals set forth in section 1691 of this chapter.
    2. Oversee and monitor the application and licensing process administered by the office. The Standards Board may, by adoption of a written policy that is posted on the Agency's website, allow specific military credentials to satisfy one or more requirements for licensure.
    3. Develop a code of professional ethics and act as advisor to professional educators regarding its interpretation.

      Amended 2005, No. 214 (Adj. Sess.), § 2, eff. July 1, 2007; 2015, No. 149 (Adj. Sess.), § 47; 2019, No. 152 (Adj. Sess.), § 7, eff. April 1, 2021.

    History

    Former § 1694. Former § 1694, relating to five year certificate on demand, was derived from V.S. 1947, § 4235; P.L. § 4189; 1923, No. 33 , § 1 and was repealed by 1977, No. 33 , § 6.

    Amendments--2019 (Adj. Sess.) Subdiv. (1): Added the subdiv. (A) designation and subdiv. (B).

    Subdiv. (3): Added the subdiv. (A) designation and subdiv. (B).

    Subdiv. (4): Added the second sentence.

    Amendments--2015 (Adj. Sess.). Subdivs. (2)(A) and (2)(B): Added.

    Effective date of amendments--2019 (Adj. Sess.) 2019, No. 152 (Adj. Sess.), § 25 provided that the amendments to this section by section 7 of the act shall take effect on April 1, 2021.

    § 1695. Review of licensing standards.

    Prior to the prefiling by the Standards Board of a licensing standard or procedure proposed for rulemaking pursuant to 3 V.S.A. § 820 , the Secretary may object to it before the State Board on the grounds that it would have significant adverse financial or operational impact on the public school system. If the State Board agrees, it may remand the proposed rule to the Standards Board for further deliberations consistent with its written decision. The Secretary may also object on the same grounds to a substantive change to a proposed rule, once initiated, before a final proposal is filed pursuant to 3 V.S.A. § 841 .

    Amended 1989, No. 118 , § 3; 2005, No. 214 (Adj. Sess.), § 2, eff. July 1, 2007; 2013, No. 92 (Adj. Sess.), § 162, eff. Feb. 14, 2014.

    History

    Source. V.S. 1947, § 4231. P.L. § 4185. G.L. § 1204. 1915, No. 64 , § 93. 1910, No. 64 , § 3. 1908, No. 37 , § 8. P.S. § 958. 1902, No. 25 , § 3. 1896, No. 19 , § 3. V.S. § 648. 1890, No. 5 , § 2. 1888, No. 9 , § 44.

    Amendments--2013 (Adj. Sess.). Substituted "State Board" for "state board of education" and "Secretary" for "commissioner" throughout the section.

    Amendments--2005 (Adj. Sess.). Section amended generally.

    Amendments--1989 Substituted "licenses" for "certificates" preceding "diplomas" in two places.

    Cross References

    Cross references. Interstate Agreement on Qualification of Educational Personnel, see chapter 59 of this title.

    State Board of Education, general powers and duties, see § 164 of this title.

    § 1695a. Pre-application criminal background determination; uniform process for foreign credential verification. Section 1695a effective April 1, 2021.

    1. Pre-application criminal background determination.  An individual may request a pre-application determination of the individual's criminal background. The pre-application determination shall adhere to the process set forth in section 254 of this title. Results of a pre-application determination shall not be binding on the Secretary in a future application.
      1. The individual's request for a pre-application determination shall include documentation related to criminal conviction or substantiation, evidence of rehabilitation or mitigation, and identification of which license and any endorsement the individual will seek.
      2. The individual shall submit this request on a form provided by the Secretary, accompanied by the pre-application criminal background determination fee set forth in section 1697 of this chapter. If the individual thereafter applies for licensure, this pre-application fee shall be deducted from that license application fee.
      3. The Secretary shall:
        1. process a request within 30 days of receiving a complete request;
        2. assess the nature of any underlying convictions and substantiations, the nexus to the license and endorsement sought, and the provided evidence of rehabilitation or mitigation; and
        3. respond to the individual's request in writing, stating whether the individual may seek licensure.
    2. Uniform process for foreign credential verification.
      1. The Standards Board shall adopt rules in consultation with the Secretary that prescribe a process for the Secretary to assess the equivalence of an applicant's professional credentials earned outside the United States as compared to State licensing requirements for professional educators.
      2. Any determination of equivalence by the Secretary under this subsection (b) shall be in consultation with the Standards Board, recorded in the applicant's licensing file, and binding upon the Secretary.
      3. In administering this subsection, the Secretary may rely upon third-party credential verification services. The cost of such services shall be paid by the applicant.
      4. The provisions relating to preliminary license denials set forth in subsection 1704(a) of this chapter shall apply to a license application that is preliminarily denied for nonequivalence under this subsection.

        Added 2019, No. 152 (Adj. Sess.), § 8, eff. April 1, 2021.

    § 1696. Licensing. Section 1696 effective until April 1, 2021; see also section 1696 effective April 1, 2021 set out below.

    1. Qualifications of applicants.  An applicant shall submit to the Secretary evidence satisfactory to the Secretary that the applicant either has completed all requirements of an approved educator preparation program or has otherwise acquired the knowledge and skills required for a license through coursework and experiences apart from an approved educator preparation program.
    2. License by reciprocity.  By rule, the Standards Board shall establish standards according to which an applicant who meets the licensing standards of another state with standards substantially similar to Vermont's may be accorded a license in this State, provided the other state recognizes, by substantially reciprocal regulations or laws, licenses issued in this State.
    3. Temporary licenses.  By rule, the Standards Board may establish standards, if any, by which an applicant who otherwise does not meet the standards for a license may obtain, for a period not to exceed two years, a temporary license.
    4. Junior Reserve Officer Training Corps instructors.  The Board shall accept certification of a Junior Reserve Officer Training Corps instructor by the federal Department of Defense as qualification for a license to provide Junior Reserve Officer Training Corps instruction to a student enrolled in a Junior Reserve Officer Training Corps program.
    5. Denial of license.  The Secretary may deny a license for:
      1. failure to meet the conditions for issuance of a license or endorsement or renewal or reinstatement thereof; or
      2. failure of a licensee to demonstrate the competencies specified in the rules of the Standards Board.
    6. Appeal.  An applicant aggrieved by a decision of the Secretary regarding the issuance or renewal of a license may appeal that decision by notifying the Secretary in writing within 30 days of receiving the decision. The Secretary shall transmit notice of the appeal to the administrative officer for hearing panels to initiate the appeal process set forth in section 1700 of this title.

      Added 2005, No. 214 (Adj. Sess.), § 2, eff. July 1, 2007; amended 2013, No. 92 (Adj. Sess.), § 163, eff. Feb. 14, 2014.

    History

    Amendments--2013 (Adj. Sess.). Substituted "Secretary" for "commissioner" throughout section and "Secretary" for "commissioner forthwith" in subsec. (f).

    § 1696. Licensing. Section 1696 effective April 1, 2021; see also section 1696 effective until April 1, 2021 set out above.

    1. Qualifications of applicants.  An applicant shall submit to the Secretary evidence satisfactory to the Secretary that the applicant either has completed all requirements of an approved educator preparation program or has otherwise acquired the knowledge and skills required for a license through coursework and experiences apart from an approved educator preparation program.
    2. License by reciprocity.
      1. By rule, the Standards Board shall establish standards according to which an applicant who meets the licensing standards of another state with standards substantially similar to Vermont's may be accorded a license in this State, provided the other state recognizes, by substantially reciprocal regulations or laws, licenses issued in this State.
      2. Eligibility for licensure under this subsection shall be in addition to eligibility for licensure under subdivision 1694(3)(B) of this chapter.
    3. Temporary licenses.  By rule, the Standards Board may establish standards, if any, by which an applicant who otherwise does not meet the standards for a license may obtain, for a period not to exceed two years, a temporary license.
    4. Junior Reserve Officer Training Corps instructors.  The Board shall accept certification of a Junior Reserve Officer Training Corps instructor by the federal Department of Defense as qualification for a license to provide Junior Reserve Officer Training Corps instruction to a student enrolled in a Junior Reserve Officer Training Corps program.
    5. Denial of license.  The Secretary may deny a license for:
      1. failure to meet the conditions for issuance of a license or endorsement or renewal or reinstatement thereof; or
      2. failure of a licensee to demonstrate the competencies specified in the rules of the Standards Board.
    6. Appeal.  An applicant aggrieved by a decision of the Secretary regarding the issuance or renewal of a license may appeal that decision by notifying the Secretary in writing within 30 days of receiving the decision. The Secretary shall transmit notice of the appeal to the administrative officer for hearing panels to initiate the appeal process set forth in section 1700 of this title.

      Added 2005, No. 214 (Adj. Sess.), § 2, eff. July 1, 2007; amended 2013, No. 92 (Adj. Sess.), § 163, eff. Feb. 14, 2014; 2019, No. 152 (Adj. Sess.), § 9, eff. April 1, 2021.

    History

    Amendments--2019 (Adj. Sess.) Subsec. (b): Added the subdiv. (1) designation and subdiv. (2).

    Effective date of amendments--2019 (Adj. Sess.) 2019, No. 152 (Adj. Sess.), § 25 provided that the amendments to this section by section 9 of the act shall take effect on April 1, 2021.

    § 1697. Fees. Section 1697 effective until April 1, 2021; see also section 1697 effective April 1, 2021 set out below.

    1. Each individual applicant and licensee shall be subject to the following fees:
      1. Processing of application                        $50.00 per application
      2. Issuance of Level I license                        $50.00 per year

        for the term

        of the license

      3. Issuance of Level II license                        $50.00 per year

        for the term

        of the renewal

      4. Official copy of licenses                        $10.00
      5. [Repealed.]
      6. Issuance of provisional, emergency,                        $50.00 per year

        or apprenticeship license for the term of

      7. Peer review process                        $1,200.00
    2. Fees collected under this section shall be credited to special funds established and managed pursuant to 32 V.S.A. chapter 7, subchapter 5, and shall be available to the Agency to offset the costs of providing those services.

      Added 1971, No. 104 , § 2; amended 1989, No. 118 , § 1; 1997, No. 59 , § 26, eff. June 30, 1997; 2001, No. 65 , § 12; 2005, No. 202 (Adj. Sess.), § 6; 2005, No. 214 (Adj. Sess.), § 2, eff. July 1, 2007; 2015, No. 57 , § 6.

    the license

    one-time fee

    History

    2013 (Adj. Sess.). Substituted "Agency" for "department" in accordance with 2013, No. 92 (Adj. Sess.), § 302.

    Amendments--2015. Subsec. (a): Amended generally.

    Amendments--2005 (Adj. Sess.). Subdivs. (a)(1)-(3): Substituted "$40.00" for "$35.00".

    Subdiv. (a)(5): Repealed by Act 202.

    Subsec. (b): Act 214 substituted "subchapter 5 of chapter 7 of Title 32" for "chapter 7, subchapter 5 of Title 32".

    § 1697. Fees. Section 1697 effective April 1, 2021; see also section 1697 effective until April 1, 2021 set out above.

    1. Each individual applicant and licensee shall be subject to the following fees:
      1. Processing of application                        $50.00 per application
      2. Issuance of Level I license                        $50.00 per year

        for the term

        of the license

      3. Issuance of Level II license                        $50.00 per year

        for the term

        of the renewal

      4. Official copy of licenses                        $10.00
      5. [Repealed.]
      6. Issuance of provisional, emergency,                        $50.00 per year

        or apprenticeship license for the term of

      7. Peer review process                        $1,200.00
      8. Pre-application criminal background                        $25.00

        determination

    2. Pursuant to qualifications and procedures determined by the Secretary, the Agency shall, upon request, waive application fees to qualified military members and military spouses.
    3. Fees collected under this section shall be credited to special funds established and managed pursuant to 32 V.S.A. chapter 7, subchapter 5, and shall be available to the Agency to offset the costs of providing those services.

      Added 1971, No. 104 , § 2; amended 1989, No. 118 , § 1; 1997, No. 59 , § 26, eff. June 30, 1997; 2001, No. 65 , § 12; 2005, No. 202 (Adj. Sess.), § 6; 2005, No. 214 (Adj. Sess.), § 2, eff. July 1, 2007; 2015, No. 57 , § 6; 2019, No. 152 (Adj. Sess.), § 10, eff. April 1, 2021.

    the license

    one-time fee

    History

    Amendments--2019 (Adj. Sess.) Subdiv. (a)(8): Added.

    Subsec. (b): Added.

    Subsec. (c): Redesignated from former subsec. (b).

    Effective date of amendments--2019 (Adj. Sess.) 2019, No. 152 (Adj. Sess.), § 25 provided that the amendments to this section by section 10 of the act shall take effect on April 1, 2021.

    § 1698. Causes for licensing action.

    Any one of the following, or any combination of the following, constitutes potential cause for licensing action whether occurring within or outside the State:

    1. Unprofessional conduct, which means:
      1. grossly negligent conduct or greater, on or off duty, that places a student or students in meaningful physical or emotional jeopardy, or conduct that evidences moral unfitness to practice as an educator;
      2. conviction for a criminal offense in which the underlying circumstances, conduct, or behavior, by gross negligence or greater, places a student or students in meaningful physical or emotional jeopardy, or conviction of a crime that evidences moral unfitness to practice as an educator;
      3. conviction of grand larceny under 13 V.S.A. § 2501 or embezzlement as defined in 13 V.SA. chapter 57, subchapter 2, provided charges were brought after July 1, 2006;
      4. conviction of a crime charged after July 1, 2006 that involves fraudulent misrepresentation, dishonesty, or deceit, including conviction for any of the following: 13 V.S.A. §§ 1101 , 1102, 1103, 1104, 1106, 1107, 1108, 3006, or 3016, provided that conviction under 13 V.S.A. §§ 2002 , 2502, 2561, 2575, 2582, and 2591, if the value or amount involved is $500.00 or less, shall not be considered a conviction under this subdivision unless it is part of a larger pattern of dishonesty, deceit, or fraud;
      5. a pattern of willful misconduct or a single egregious act of willful misconduct in violation of duties and obligations of the position;
      6. falsification, misrepresentation, or misstatement of material information provided in connection with the application for or renewal or reinstatement of a license or endorsement; and
      7. with respect to a superintendent, the failure to maintain the confidentiality and privileged status of information provided pursuant to subsection 1700(c) and subdivision 1708(f)(3) of this title.
    2. Incompetence, which means the inability or incapacity to perform the duties and competencies required by the license.

      Added 2005, No. 214 (Adj. Sess.), § 2, eff. July 1, 2007.

    § 1699. Reports of alleged unprofessional conduct or incompetence.

    1. An individual who has reasonable cause to believe a licensee has engaged in unprofessional conduct or is incompetent may, and a superintendent who has reasonable cause to believe a licensee has engaged in unprofessional conduct or is incompetent shall, submit a written report to the Secretary concerning allegations of unprofessional conduct or incompetence about a licensee. A principal submitting a report under this section shall submit it to the superintendent and may also submit it to the Secretary.
    2. Except as provided in section 1708 of this title, information provided the licensing office under this section shall be confidential.
    3. A person who acts in good faith under the provisions of this section shall not be liable for damages in any civil action.

      Added 2005, No. 214 (Adj. Sess.), § 2, eff. July 1, 2007; amended 2013, No. 92 (Adj. Sess.), § 164, eff. Feb. 14, 2014.

    History

    Amendments--2013 (Adj. Sess.). Subsec. (a): Substituted "Secretary" for "commissioner" twice.

    § 1700. Investigation.

    1. Investigation committee.  Upon receiving notice of either an applicant's appeal of a licensing office decision or an allegation of unprofessional conduct or incompetence on the part of a licensee, the hearing panel administrative officer shall assign one or more of its licensee members to serve on an investigation committee with an investigator and prosecuting attorney assigned by the Secretary of Education to investigate the licensing decision or allegation and make recommendations to the Secretary in accordance with subsections (b) and (d) of this section. Teacher members shall be assigned to assist in the investigation of matters involving teachers and administrator members in matters involving administrators. Members shall not serve on a hearing panel regarding any matter they assisted in investigating. If the administrative officer is unable to assign one or more members to the investigation committee by reason of disqualification, resignation, vacancy, or necessary absence, the officer shall appoint ad hoc members who shall meet the requirements of subsection 1693(b) of this title.
    2. Preliminary review.  After conducting a preliminary review of an allegation of unprofessional conduct or incompetence or of a denial of a license based on alleged unprofessional conduct or incompetence, the investigation committee shall make a recommendation to the Secretary regarding whether to conduct a formal investigation.
    3. Formal investigation.  If the Secretary decides to conduct a formal investigation, the Secretary shall:
      1. notify the educator and direct the investigation committee to proceed with a formal investigation; and
      2. notify the superintendent of the school district in which the educator may be employed, or if the educator is currently employed as a superintendent, the chair of the board of the supervisory union or supervisory district that employs the superintendent, that the office has commenced a formal investigation of an allegation of unprofessional conduct or incompetence and shall specify the provisions of section 1698 of this title that best describe the allegation.
    4. Recommendation.  Upon completing its investigation, the investigation committee shall recommend that the Secretary, with respect to a license application, affirm, or reverse a licensing office decision or, with respect to alleged unprofessional conduct or incompetence, issue, or not issue formal charges.
    5. Professional guidance.  In its recommendation as to whether the Secretary should issue formal charges and, if so, what form they should take, the committee may consider the effect it believes its professional guidance may have in mitigating the need for and nature of licensing action.

      Added 2005, No. 214 (Adj. Sess.), § 2, eff. July 1, 2007; amended 2013, No. 92 (Adj. Sess.), § 165, eff. Feb. 14, 2014.

    History

    Amendments--2013 (Adj. Sess.). Substituted "Secretary" for "commissioner" throughout the section.

    § 1701. Secretary's determination.

    1. Matters involving denial of licensure.  With respect to an applicant's appeal, the Secretary shall, within 10 days of receiving the committee's recommendation, affirm or reverse the licensing decision and notify the applicant in writing. If the Secretary reverses the decision, the office shall issue a license accordingly. If the Secretary affirms the decision, the applicant may appeal by notifying the Secretary in writing within 10 days of receiving the Secretary's decision. The Secretary shall notify the hearing panel administrative officer of the appeal.
    2. Matters involving alleged unprofessional conduct or incompetence.  With respect to a licensee alleged either incompetent or to have engaged in unprofessional conduct, the Secretary shall, within 10 days of receiving the investigation committee's recommendation, determine whether to issue a formal charge and what, if any, licensing action should be imposed. If the Secretary determines no formal charge is warranted, the Secretary shall notify in writing the licensee and, if the licensee is employed, the superintendent of the school district of employment. If the Secretary determines a formal charge is warranted, the Secretary shall prepare a formal charge, file it with the hearing panel administrative officer, and cause a copy to be served upon the licensee charged together with a notice of hearing and procedural rights, as provided in this chapter. The Secretary shall provide a copy of the formal charge to the superintendent of the school district, if any, in which the licensee is employed, or if the licensee is employed as a superintendent, to the chair of the supervisory union that employs the superintendent, provided the superintendent or board chair agrees to maintain the confidentiality and privileged status of the information as provided in subsection 1708(d) of this title. If the Secretary finds that public health, safety, or welfare imperatively requires emergency action and incorporates a finding to that effect in the formal charge, the hearing panel may order summary suspension of a license pending proceedings for revocation or other action. These proceedings shall be promptly instituted and determined.

      Added 2005, No. 214 (Adj. Sess.), § 2, eff. July 1, 2007; amended 2013, No. 92 (Adj. Sess.), § 166, eff. Feb. 14, 2014.

    History

    Amendments--2013 (Adj. Sess.). Substituted "Secretary" for "commissioner" throughout the section.

    § 1702. Hearing panels.

    1. Appointment.  The Governor shall appoint seven teachers, four administrators, and three members of the public to serve on hearing panels for terms of three years beginning on July 1 of the year of appointment. No person shall be eligible for more than one sequential reappointment. The Governor shall ensure appointments are consistent with the requirements found in subdivisions 1693(b)(1)-(3) of this title. By appointment, the Governor shall fill any vacancy for the remainder of its term. Panel members shall be considered appointive officers for the purposes of 3 V.S.A. chapter 29 and shall be compensated in accordance with 32 V.S.A. § 1010 .
    2. Administration.  The hearing panels shall be attached for administrative purposes to the office. Annually, the panel members shall meet collectively to:
      1. elect an administrative officer for the purpose of assigning hearing panels in licensing matters;
      2. approve a pool, based upon the Secretary's recommendation, of impartial hearing officers who shall be attorneys admitted to practice in this State; and
      3. plan professional development activities.
    3. Powers and duties of hearing panels.  Hearing panels shall have the authority to determine compliance by applicants, licensees, and the office with Standards Board standards according to which individuals may obtain, renew, and retain a license. Upon notification that the applicant has appealed under subsection 1701(a) of this title or that the Secretary has issued a formal charge under subsection 1701(b) of this title, the administrative officer shall appoint a hearing officer and a panel, as well as a chair for the panel. Panels hearing appeals of teachers shall comprise two teacher members and one public member. Panels hearing appeals of administrators shall comprise two administrator members and one public member. In the conduct of proceedings, the hearing officer, or the panel if it takes additional evidence under subsection 1706(a) of this title, may:
      1. issue subpoenas to compel the attendance of witnesses and the furnishing of evidentiary material in connection with a hearing;
      2. authorize depositions to be taken as needed in any investigation, hearing, or proceeding;
      3. conduct administrative hearings in accordance with this section, section 1705 of this title, and 3 V.S.A. chapter 25 regarding appeals of licensing decisions and charges of unprofessional conduct or incompetence;
      4. in the case of the hearing officer, recommend and, in the case of a hearing panel, make decisions regarding appeals of licensing decisions and formal charges; and
      5. undertake any other actions and procedures specified in or required or appropriate to carry out the provisions of this chapter.

        Added 2005, No. 214 (Adj. Sess.), § 2, eff. July 1, 2007; amended 2013, No. 92 (Adj. Sess.), § 167, eff. Feb. 14, 2014.

    History

    Amendments--2013 (Adj. Sess.). Substituted "Secretary" for "commissioner" throughout section and in subdiv. (c)(3) inserted "3 V.S.A." preceding "chapter" and deleted "of Title 3" preceding "regarding".

    § 1703. Time and notice of hearing.

    The chair of the panel shall fix the time of hearing, which shall be between 30 and 60 days after, as applicable, filing of the license application appeal or service of the charge on the licensee. The chair shall provide the applicant or licensee notice of the hearing, in it stating the following: the time and place of the hearing; the right of the applicant or licensee charged to file with the chair a written response within 20 days of the date of service; the fact that a record of the proceeding will be kept; the rights of the applicant or licensee charged at the hearing to appear personally, to be represented by counsel, to produce witnesses and evidence, to cross-examine witnesses, and to examine such documentary evidence as may be produced; and, in the case of formal charges against the licensee, the range of licensing actions to which the licensee charged may be subject if the formal charges are substantiated.

    Added 2005, No. 214 (Adj. Sess.), § 2, eff. July 1, 2007.

    § 1704. Burden of proof.

    1. Denial of licensure.  Except as provided in subsection (b) of this section, the burden of proof in matters involving the denial of an initial license or the addition of an endorsement to a license once issued shall be on the applicant by a preponderance of the evidence.
    2. Alleged unprofessional conduct or incompetence.  The burden of proof in matters involving alleged unprofessional conduct or incompetence, including denial of a license based on alleged unprofessional conduct or incompetence, shall be on the Secretary by a preponderance of the evidence, except that in the case of revocation or suspension for more than one year, the proof shall be by clear and convincing evidence.

      Added 2005, No. 214 (Adj. Sess.), § 2, eff. July 1, 2007; amended 2013, No. 92 (Adj. Sess.), § 168, eff. Feb. 14, 2014.

    History

    Amendments--2013 (Adj. Sess.). Subsec. (b): Substituted "Secretary" for "commissioner".

    § 1705. Hearing officer recommendation.

    The hearing officer shall conduct the hearing for the purpose of issuing recommended findings of fact, conclusions of law, and a proposed decision to the hearing panel. The hearing officer may administer oaths and otherwise exercise the powers of a judicial officer regarding the conduct of a fair and impartial hearing. Within 30 days of the hearing, the hearing officer shall recommend to the hearing panel findings of fact, conclusions of law, and a decision and by certified mail provide a copy to the applicant or licensee.

    Added 2005, No. 214 (Adj. Sess.), § 2, eff. July 1, 2007.

    § 1706. Decision and order.

    1. Hearing panel decision.  The hearing panel may take additional evidence and may accept, reject, or modify the recommendations of the hearing officer and shall issue findings of fact, conclusions of law, and an order within 30 days of receiving the recommendations, unless the hearing panel grants an extension for good cause. The hearing panel shall provide a copy of the decision to the Secretary and, by certified mail, the applicant or licensee charged. If formal charges are not substantiated, the hearing panel shall include in its order a statement that the charges were not substantiated by the evidence, and it shall dismiss the charges.
    2. Charges substantiated.  If formal charges are substantiated, the hearing panel, in its order, may: take no action; issue a warning; issue a private reprimand; issue a public reprimand; or condition, limit, suspend, or revoke the license to practice. An administrative penalty not to exceed $1,000.00 may be imposed by itself or in connection with the issuance of a warning or of a private or public reprimand.

      Added 2005, No. 214 (Adj. Sess.), § 2, eff. July 1, 2007; amended 2013, No. 92 (Adj. Sess.), § 169, eff. Feb. 14, 2014.

    History

    Amendments--2013 (Adj. Sess.). Subsec. (a): Substituted "Secretary" for "commissioner".

    § 1707. Appeal from panel order.

    1. Appeal to State Board of Education.
      1. A party aggrieved by a final decision of a hearing panel may, within 30 days of the decision, appeal that decision by filing a notice of appeal with the administrative officer of the hearing panel who shall refer the case to the State Board of Education. The parties may agree to waive this review by written stipulation filed with the State Board of Education. The State Board of Education shall conduct its review on the basis of the record created before the hearing panel, and it shall allow the presentation of evidence regarding alleged irregularities in hearing procedure not shown in the record.
      2. The State Board of Education shall not substitute its judgment for that of the hearing panel as to the weight of the evidence on questions of fact. It may affirm the decision or may reverse and remand the matter with recommendations if substantial rights of the appellant have been prejudiced because the hearing panel's finding, inferences, conclusions, or decisions are:
        1. in violation of constitutional or statutory provisions;
        2. in excess of the statutory authority of the hearing panel;
        3. made upon unlawful procedure;
        4. affected by other error of law;
        5. clearly erroneous in view of the evidence on the record as a whole;
        6. arbitrary or capricious; or
        7. characterized by abuse of discretion or clearly unwarranted exercise of discretion.
    2. Following appeal or waiver of appeal to the State Board of Education, a party may appeal to the Superior Court in Washington County, which shall review the matter de novo.

      Added 2005, No. 214 (Adj. Sess.), § 2, eff. July 1, 2007.

    § 1708. Accessibility and confidentiality of licensing matters.

    1. It is the purpose of this section both to protect the reputation of licensees from public disclosure of unwarranted complaints and to fulfill the public's right to know of any action taken against an applicant or a licensee when that action is based on a determination of unprofessional conduct or incompetence.
    2. All meetings and hearings of the Standards Board and hearing panels shall be held in accordance with 1 V.S.A. chapter 5.
    3. The Secretary shall prepare and maintain a register of all complaints, which shall be a public record and which shall show:
      1. with respect to all complaints for which a formal investigation is initiated under subsection 1700(c) of this title, the following information:
        1. the date and the nature of the complaint, but not the identity of the licensee or information that could be used to identify the licensee; and
        2. a summary of the completed investigation; and
      2. only with respect to complaints resulting in the filing of a formal charge under subsection 1701(b) of this title, the following additional information:
        1. the name and business addresses of the licensee and the name of the complainant if disclosure is permitted under federal or State law and does not provide personally identifying information about a student;
        2. formal charges, provided they have been served or a reasonable effort to serve them has been made;
        3. except as provided under 1 V.S.A. chapter 5, the findings, conclusions, and order of the hearing panel; and
        4. final disposition of the matter.
    4. The hearing panel and the Secretary shall not disclose to anyone but the applicant or the licensee charged any information regarding a complaint, proceeding, or record, except the information required to be released under this section.
    5. A licensee or applicant shall have the right to inspect and copy all information in the possession of the Agency pertaining to the licensee or applicant except investigatory files not resulting in formal charges and attorney work product.
    6. Nothing in this section shall prohibit the disclosure of information:
      1. Regarding complaints to State or federal law enforcement agencies in the course of an investigation, provided the State or federal law enforcement agency agrees to maintain the confidentiality and privileged status of the information as provided in subsection (d) of this section.
      2. Regarding denials of licensure for cause, and license suspensions or revocations, and including reinstatements of licenses, to the National Association of State Directors of Teacher Education and Certification, consistent with the member agreement executed between it and the State of Vermont. For the purposes of this subdivision, "cause" includes any circumstance or activity also deemed to be a revocable offense.
      3. As is necessary in investigating a complaint, to the superintendent of a school district in which the licensee is employed or, if the licensee is employed as a superintendent, to the chair of the board that employs the superintendent, provided the superintendent or chair agrees to maintain the confidentiality and privileged status of the information as provided in subsection (d) of this section. Where, in the judgment of the Secretary, the alleged unprofessional conduct or incompetence places the students in immediate physical or emotional jeopardy, the office shall inform the superintendent of the school district in which the licensee is employed. The superintendent may take only such action as is both necessary to protect students and consistent with the rights of the licensee. The superintendent shall not do anything that compromises the integrity of the investigation.

        Added 2005, No. 214 (Adj. Sess.), § 2, eff. July 1, 2007; amended 2013, No. 92 (Adj. Sess.), § 170, eff. Feb. 14, 2014.

    History

    Amendments--2013 (Adj. Sess.). Substituted "Secretary" for "commissioner", "Agency" for "department of education", and "that" for "which" and inserted "state or federal law enforcement" preceding "agency" in subdiv. (f)(1).

    § 1709. Repealed. 2011, No. 139 (Adj. Sess.), § 51, eff. May 14, 2012.

    History

    Former § 1709. Former § 1709, relating to report to Professional Educator Standards Board: licensure and endorsements; complaints; accounting, was derived from 2005, No. 214 (Adj. Sess.), § 2.

    CHAPTER 53. CONTRACT, COMPENSATION, AND SICK LEAVE

    Cross References

    Cross references. Deferred compensation programs, see 3 V.S.A. chapter 22.

    Social Security for State and municipal employees, see 3 V.S.A. chapter 19.

    State Teachers' Retirement System, see chapter 55 of this title.

    Subchapter 1. General Provisions

    § 1751. Contract.

    A contract between a board of school directors and a teacher shall not be valid unless the same is in writing, or partly written and partly printed, in triplicate, and signed by the teacher and by a majority of the board or by a member of the board or other person who has been duly authorized by a majority vote of the board at a regular meeting to sign the contract in question on behalf of the board. One copy thereof shall be filed with the board, one copy delivered to the teacher, and one copy delivered to the superintendent. Such contract shall specify the date when the teacher shall begin service, the time, grade, and date of expiration of the license held by the teacher, the salary of the teacher and such other matters as may be necessary for a complete understanding between the parties.

    Amended 1989, No. 118 , § 3.

    History

    Source. V.S. 1947, § 4236. P.L. § 4192. 1931, No. 21 . G.L. § 1210. 1915, No. 64 , § 106.

    Amendments--1989. Substituted "license" for "certificate" following "expiration of the" in the third sentence.

    § 1752. Grounds and procedures for suspension and dismissal.

    1. A teacher under contract to teach in a public school who fails, without just cause, to complete the term for which the teacher contracted to teach, shall be disqualified to teach in any public school for the remainder of the school year.
    2. Unless otherwise negotiated, a teacher under contract to teach in a public school whose contract is not to be renewed for the ensuing year shall be notified in writing, setting forth the grounds therefor, no later than April 15. If the teacher so notified desires a hearing, the teacher shall so request in writing to the clerk of the school board. The teacher shall have the right to a hearing before the school directors within 15 days, may present witnesses and written evidence, and may be represented by counsel. A hearing shall be in executive session unless the teacher making the appeal requests or agrees in writing that it be open to the public. The school board shall affirm, modify, or reverse the nonrenewal and shall issue its decision in writing within five days. In the case of a probationary teacher who has received two written performance evaluations per year of probationary service, a decision of the board shall be final. The standard for nonrenewal of a contract shall be:
      1. In the case of a nonprobationary teacher, just and sufficient cause.
      2. In the case of a probationary teacher, any reason other than those prohibited by law. However, the standard for nonrenewal for a probationary teacher's contract shall be just and sufficient cause if the teacher has not received at least two written performance evaluations per year of probationary service. A probationary teacher is a person who has been employed as a teacher in Vermont public schools for less than two school years.
    3. A superintendent may suspend a teacher under contract on the grounds of incompetence, conduct unbecoming a teacher, failure to attend to duties, or failure to carry out reasonable orders and directions of the superintendent and school board.
    4. The suspension shall be in writing and shall set forth the grounds therefor.  Copies shall be delivered to the teacher, and to the chair and to the clerk of the board of school directors.  Thereafter, performance under the teacher's contract shall be suspended, but he or she shall be paid pro rata to the time of his or her dismissal by the board.
    5. The teacher so suspended shall have the right to appeal to the board of school directors of the district for review of the decision.  Filing a written notice of appeal with the clerk of the school board within seven days of the effective date of the suspension shall initiate the appeal.  The clerk of the board shall forthwith forward a copy of the notice of appeal to the superintendent and send to the teacher an acknowledgment of receipt of the appeal.
    6. The school board to which the appeal is directed shall hear the appeal within 10 days of receipt of notification.  The teacher and the superintendent shall be advised by the clerk of the board of the time and place of hearing by written notice at least three days before the date of hearing.
    7. All parties shall be entitled to counsel at every stage of the proceedings established by this section.  Hearings shall be in executive session, unless the teacher making an appeal requests or agrees in writing that they be open to the public.  A teacher making an appeal may waive in writing his or her right to a hearing.
    8. Upon hearing, or if no appeal is taken, the school board shall affirm or reverse the suspension or take such other action, including dismissal, as may appear just.  If the suspension, or the dismissal, is reversed, the teacher shall not suffer any loss of pay, retirement benefits, or any other benefits to which he or she would otherwise have been entitled.
    9. The decision of the school board shall be in writing and filed with the clerk of the school board not later than five days after the hearing or after the time for taking an appeal has expired.  The clerk shall within three days notify the superintendent and the teacher in writing of the decision.
    10. No action shall lie on the part of a teacher against any school district for breach of contract by reason of suspension or dismissal unless the procedures described in this section have been followed by said teacher.
    11. Every teacher's contract shall be deemed to contain the provisions of this section and any provision in the contract inconsistent with this section shall be considered of no force or effect.

      Amended 1963, No. 132 ; 1975, No. 79 ; 1997, No. 127 (Adj. Sess.), § 1; 2013, No. 161 (Adj. Sess.), § 72; 2019, No. 131 (Adj. Sess.), § 80.

    History

    Source. V.S. 1947, § 4237 P.L. § 4193. G.L. § 1211. 1917, No. 254 , § 1174. 1915, No. 64 , § 107. P.S. § 936. V.S. § 621. 1890, No. 5 , § 15. 1886, No. 31 . R.L. §§ 497, 498.

    2013 (Adj. Sess.). Substituted "chair" for "chairman" in subsec. (d) in accordance with 2013, No. 161 (Adj. Sess.), § 72.

    Revision note - Redesignated subsecs. (j), (k) and (m) as subsecs. (i), (j) and (k), respectively, to conform section to V.S.A. style.

    In subsec. (j), deleted "at law" following "action" to conform language to Rule 2, Vermont Rules of Civil Procedure, pursuant to 1971, No. 185 (Adj. Sess.), § 236(d). See note set out under 4 V.S.A. § 219.

    Amendments--2019 (Adj. Sess.). Subsec. (j): Deleted "herein" following "procedures" and inserted "in this section".

    Amendments--1997 (Adj. Sess.). Subsec. (b): Deleted "for just and sufficient cause" following "ensuing year" in the first sentence and added the last sentence in the introductory paragraph and added subdivs. (1) and (2).

    Amendments--1975 Added a new subsec. (b) and redesignated former subsecs. (b)-(j) as subsecs. (c)-(h), (j), (k) and (m), respectively.

    Amendments--1963 Section amended generally.

    Nonprobationary status of teachers initially employed during the 1997-98 school year. 1997, No. 127 (Adj. Sess.), § 2, provided: "The nonprobationary status of teachers who were initially employed in Vermont public schools during the 1997-98 school year shall not be affected by this act [which amended this section]."

    ANNOTATIONS

    Analysis

    1. Constitutionality.

    The words "failure to attend to duties or failure to carry out reasonable orders" are not ambiguous, and there is no conceivable danger that its application will have a chilling effect upon teachers' exercise of vital First Amendment rights. In re Davenport, 129 Vt. 546, 283 A.2d 452 (1971).

    2. Purpose.

    The objective of just cause requirement in subsec. (b) of this section is to remove from the employer the right to fire employees arbitrarily. Work v. Mount Abraham Union High School Board of Directors, 145 Vt. 94, 483 A.2d 258 (1984).

    3. Construction.

    "Action" under the statute governing the suspension and dismissal of teachers encompasses both judicial proceedings and proceedings under collective bargaining agreements (CBAs), including grievance-and-arbitration proceedings. Compliance with the pre-termination appeal procedures is a condition that must be met in order to be eligible to bring any post-termination review action, whether that review is by judicial action or by action utilizing a CBA's grievance process. Northfield Sch. Bd. v. Washington S. Educ. Ass'n, 210 Vt. 15, 210 A.3d 460 (2019).

    4. Rights of teachers .

    The rights protected by the First and Fourteenth Amendments extend to the nation's educational systems with application to students, teachers, and administrative officers alike. In re Davenport, 129 Vt. 546, 283 A.2d 452 (1971).

    This section, as amended by 1963, No. 132 , incorporates the concept that the rights protected by the First and Fourteenth Amendments extend to the nation's educational systems with application to teachers, students, and administrative officers alike. In re Davenport, 129 Vt. 546, 283 A.2d 452 (1971).

    *5. Renewal of contract.

    Teacher did not receive all pretermination process she was due by virtue of fact that, in meeting on June 12, superintendent informed her that school had not yet decided whether to renew her contract for the following school year. Latouche v. North Country Union High School District, 131 F. Supp. 2d 568 (D. Vt. 2001).

    Just cause, required by subsec. (b) of this section, for nonrenewal of a contract, means some substantial shortcoming detrimental to the employer's interest that the law and sound public opinion recognize as a good cause for dismissal. Work v. Mount Abraham Union High School Board of Directors, 145 Vt. 94, 483 A.2d 258 (1984).

    Elimination of a position for administrative or economic reasons provides just cause for nonrenewal of a teacher's contract. Work v. Mount Abraham Union High School Board of Directors, 145 Vt. 94, 483 A.2d 258 (1984).

    Trial court's finding that teacher's employment contract was not specifically limited to a particular assignment or a certain duration did not preclude there being just cause to support nonrenewal of the contract. Work v. Mount Abraham Union High School Board of Directors, 145 Vt. 94, 483 A.2d 258 (1984).

    Where teacher accepted teaching assignment knowing that it was probably only for one year because the regular teacher would be able to return to that position after a leave of absence and the position for which he had originally been hired had been eliminated, there was just cause for nonrenewal of the teacher's employment contract. Work v. Mount Abraham Union High School Board of Directors, 145 Vt. 94, 483 A.2d 258 (1984).

    This section, relating to procedures and conditions of teacher employment, setting forth procedural rights of a teacher whose contract is not renewed, and providing that "every teacher's contract shall be deemed to contain the provisions of this statute," gives teachers a contractual and statutory right to renewal except for the "just and sufficient cause," that the section states must exist before there can be a nonrenewal. Burroughs v. West Windsor Board of School Directors, 138 Vt. 575, 420 A.2d 861 (1980).

    This section, giving teachers a contractual and statutory right to renewal of teachers contract except for just and sufficient cause, giving teachers certain procedural rights in renewal proceedings, and providing that this section shall be deemed a part of each teaching contract, gives all teachers a property interest in continued employment absent sufficient cause for nonrenewal of the contract; and as there is a property interest, there is thus a right to procedural due process, and the specific procedural rights given by this section do not limit the requirement of just and sufficient cause for nonrenewal or indicate that a hearing on the matter can be had with anything less than the procedural due process rights associated with the suspension and dismissal of teachers under this section. Burroughs v. West Windsor Board of School Directors, 138 Vt. 575, 420 A.2d 861 (1980).

    6. Grounds for suspension or dismissal .

    The term "conduct unbecoming a teacher," in subsec. (c) of this section, is imprecise and apparently used to cover disqualifying conduct not otherwise specifically forbidden by that subsection, and although it is validly and properly applied to serious misconduct unprotected by constitutional safeguards, it cannot be used to stifle teacher's fundamental right to petition. In re Davenport, 129 Vt. 546, 283 A.2d 452 (1971).

    Where dismissal of teacher was primarily for involving herself in student petition to school board requesting time off from school in order to hold symposium or class discussions concerning American involvement in Southeast Asia and particularly Cambodia, dismissal related inextricably to teacher's exercise of her right to petition and was beyond school board's authority. In re Davenport, 129 Vt. 546, 283 A.2d 452 (1971).

    *7. Failure to attend to duties or carry out reasonable orders.

    It is implicit in the power the educational law confides in the boards of school directors that authority may be delegated to subordinate officials, including superintendents, principals, and teachers, and the orders of those subordinates will be enforced by the courts if reasonable and consistent with valid school board policy and within statutory limits. In re Davenport, 129 Vt. 546, 283 A.2d 452 (1971).

    That orders teachers disobeyed come from principal did not prevent teachers' dismissals under subsec. (c) of this section on ground that that subsection only mentions orders of the superintendent and school board, as school board could delegate authority to principal. In re Davenport, 129 Vt. 546, 283 A.2d 452 (1971).

    There was no violation of the First and Fourteenth Amendment rights of teachers dismissed under "failure to attend to duties" and "failure to carry out reasonable orders" of their principal grounds of subsec. (c) of this section where dismissals arose from participation by teachers in student walkout from classes in protest caused by rumors of dismissal or imminent dismissal of a third teacher for participating in student petition to school board to use class time to discuss and protest American involvement in Southeast Asia, particularly Cambodia. In re Davenport, 129 Vt. 546, 283 A.2d 452 (1971).

    8. Procedure for suspension or dismissal .

    Hearings held upon suspension or dismissal of a teacher or nonrenewal of a teacher's contract, provided for by this section, must be full, fair, and impartial, and teacher has the right to have the burden of persuasion cast upon the one who would suspend or dismiss teacher or decide not to renew the contract. Burroughs v. West Windsor Board of School Directors, 138 Vt. 575, 420 A.2d 861 (1980).

    Teachers suspended by superintendent upon direction of school board and dismissed following hearing on appeal to school board were entitled to a full, fair, and impartial hearing before a tribunal entertaining no bias against them, and any actual prejudice to the point of precluding an unbiased hearing arising from fact that dismissing tribunal had previously directed suspension would constitute a denial of constitutional right, and such denial could not be overcome by necessity of placing both administrative and judicial functions in school board. In re Davenport, 129 Vt. 546, 283 A.2d 452 (1971).

    Neither fact of school board's prior direction to superintendent to suspend teachers, nor a claim of prejudgment therefrom, would, of itself, work a judicial disqualification precluding board from hearing teachers' appeals and dismissing teachers. In re Davenport, 129 Vt. 546, 283 A.2d 452 (1971).

    *9. Judicial review.

    Where a petition for extraordinary relief was brought by teacher against school board for failure to renew her teaching contract, the teacher's case was properly viewed as a petition to the Superior Court for review under V.R.C.P. 75, governing review of governmental action in the nature of a writ of certiorari, since the Supreme Court has held that review of school board decisions under this section may be obtained by a writ of certiorari as provided by 4 V.S.A. § 2, setting forth the jurisdiction of the Supreme Court. Burroughs v. West Windsor Board of School Directors, 141 Vt. 234, 446 A.2d 377 (1982).

    Teachers suspended by superintendent on direction of school board and, after statutory hearing on appeal to school board, dismissed from the faculty had right to petition for certiorari to review suspension and dismissal. In re Davenport, 129 Vt. 546, 283 A.2d 452 (1971).

    10. Arbitration.

    Arbitration of teacher's claim that her suspension was a breach of contract was not barred by provision of subsec. (k) of this section, which collective bargaining contract stated must be followed, providing that "no action at law shall lie on the part of a teacher against any school district for breach of contract by reason of suspension or dismissal unless the procedures herein described have been followed by said teacher." Brattleboro Union High School Board v. Windham Southeast Education Ass'n, 137 Vt. 1, 398 A.2d 285 (1979).

    11. Exhaustion of remedies.

    Because the Legislature intended a teacher to exhaust the pre-termination procedures provided in the statute governing suspension and dismissal of teachers prior to availing himself or herself of judicial remedies or alternative grievance procedures, such as those negotiated in a collective bargaining agreement (CBA), the trial court properly barred a teacher from using the grievance-and-arbitration procedure contained in the CBA on the ground that he and his union had not exhausted their statutory remedies as required by the statute. Northfield Sch. Bd. v. Washington S. Educ. Ass'n, 210 Vt. 15, 210 A.3d 460 (2019).

    12. Construction with other provisions.

    Statute governing the agenda for labor relations for teachers and administrators authorizes schools and teachers' representatives to negotiate various terms of employment, including procedures for processing complaints and grievances relating to employment; it does not authorize parties to negotiate terms that would contravene the provisions of the statute governing the suspension and dismissal of teachers. The only provision in the latter statute that is subject to negotiation is the provision that deals with the nonrenewal of a teacher's contract; if the Legislature intended to make the entirety of the suspension and dismissal statute subject to negotiation, it would have explicitly included "unless otherwise negotiated" in each subsection or in an introductory subsection that applied to the section as whole. Northfield Sch. Bd. v. Washington S. Educ. Ass'n, 210 Vt. 15, 210 A.3d 460 (2019).

    Cited. Morton v. Essex Town School District, 140 Vt. 345, 443 A.2d 447 (1981); In re Trombly, 160 Vt. 215, 627 A.2d 855 (1993).

    § 1753. Time not spent in teaching counted in determining compensation.

    The time not exceeding five days during any one year, actually spent by a teacher in attendance upon a meeting of the State education associations, or upon educational meetings held under the authority of the Board of Education, and the time actually spent by a teacher in visiting schools when so directed by the superintendent, shall, in determining the compensation of the teacher, be counted the same as if spent in teaching.

    Amended 1977, No. 33 , § 5.

    History

    Source. 1951, No. 84 , § 2. V.S. 1947, § 4238. P.L. § 4194. G.L. § 1212. 1915, No. 64 , § 110. 1910, No. 65 , § 14. 1908, No. 42 , § 1. P.S. § 1025. R. 1906, § 938. 1906, No. 43 , § 1. V.S. § 707. 1892, No. 21 , § 3. 1888, No. 9 , § 166. 1882, No. 22 , § 1.

    Amendments--1977 Substituted "associations" for "association" following "state education".

    § 1754. Repealed. 1975, No. 48, § 14, eff. April 15, 1975.

    History

    Former § 1754. Former § 1754, relating to time and manner of payment of salaries, was derived from V.S. 1947, § 4234; 1935, No. 87 , § 5; P.L. § 4188; G.L. § 1207; 1915, No. 64 , § 108; 1908, No. 45 , § 1.

    § 1755. Sick leave.

    1. A full time teacher under contract to teach the regular school year in a public school shall be allowed a minimum of 10 days' sick leave with full pay during each school year.  Sick leave not used shall be cumulative at least to 20 days, so long as the teacher is employed in the same school district.
    2. The word "days" shall mean school days.
    3. The use of sick leave as provided in this section shall be subject to the rules and regulations of the directors of each school district.

      Added 1957, No. 173 , §§ 1-3; amended 2019, No. 131 (Adj. Sess.), § 81.

    History

    Source. 1957, No. 173 , §§ 1-3.

    Amendments--2019 (Adj. Sess.). Subsec. (c): Deleted "herein" following "leave as" and inserted "in this section".

    Cross References

    Cross references. State officers and employees, accumulated sick leave, see 3 V.S.A. § 264.

    ANNOTATIONS

    Analysis

    1. Retroactive effect.

    This section could not be given retroactive effect; 1957-1958 school year was first in which teachers were entitled to sick leave and 1958-1959 school year was first in which unused sick leave could be brought forward under cumulative provision. 1956-58 Op. Atty. Gen. 90.

    2. Computation.

    Where teacher after several years has accumulated 20 or more days of sick leave, he is entitled to at least 20 days of such leave plus current year's leave of 10 days, or 30 days in all. 1956-58 Op. Atty. Gen. 90.

    § 1756. Protection of teachers, employees, and board members in damage suits.

    1. A town, city, incorporated, or union school district and a supervisory union shall indemnify and save harmless to the extent of the policy limits provided in subsection (b) of this section any person employed by the school district or supervisory union and any member of its executive, supervisory, or administrative staff, including members of the school board, from financial loss and expense, including reasonable legal fees and costs, if any, arising out of any claim, demand, suit, or judgment by reason of alleged negligence or other act resulting in accidental injury to a person or accidental damage to or destruction of property, within or outside the school building, provided that the indemnified person at the time of the accident resulting in such injury, damage, or destruction was acting in the discharge of his or her duties within the scope of his or her employment or under the direction of the board of the school district or of the supervisory union.
    2. Each board of a school district or a supervisory union shall insure against the liability imposed upon it by this section in any insurance company organized in this State or in any insurance company of another state authorized by law to write insurance in this State, or through participation in an intermunicipal insurance agreement established under 24 V.S.A. chapter 121, subchapter 6, with minimum coverage in the form of a comprehensive general liability policy including liability for the operation of owned and nonowned motor vehicles and including the employees as additional insureds and with minimum limits of not less than $500,000.00 per person and $2 million per occurrence for bodily injury and for property damage.
    3. Each board of a school district or a supervisory union required to insure against the liability imposed upon it by this section shall furnish proof of insurance with the minimum limits prescribed by this section to the Secretary of Education, which shall be evidence of the insuring against the liability and property damage required by this section. In the event of cancellation, the board shall provide at least 30 days' prior notice of cancellation to the Secretary.

      Added 1969, No. 123 ; amended 1975, No. 48 , § 13, eff. April 15, 1975; 1975, No. 100 , § 1; 2003, No. 36 , § 12; 2003, No. 107 (Adj. Sess.), § 10, eff. Jan. 1, 2005; 2005, No. 182 (Adj. Sess.), § 5; 2013, No. 92 (Adj. Sess.), § 171, eff. Feb. 14, 2014.

    History

    Amendments--2013 (Adj. Sess.). Section amended generally.

    Amendments--2005 (Adj. Sess.). Subsec. (b): Added "and with minimum limits of not less than $500,000.00 per person and $2 million per occurrence for bodily injury and for property damage" following "insureds" in the first sentence and deleted the second sentence.

    Amendments--2003 (Adj. Sess.). Subsec. (b): Deleted "and with minimum limits of not less than $300,000.00 per person and $500,000.00 per occurrence for bodily injury and $50,000.00 per occurrence for property damage" following "additional insureds", and added the second sentence.

    Amendments--2003. Subsec. (b): Inserted "or through participation in an intermunicipal insurance agreement established under subchapter 6 of chapter 121 of Title 24" following "in this state".

    Amendments--1975. Subsec. (b): Act No. 48 substituted "$300,000.00" for "$100,000.00" preceding "per person and" and "$500,000.00" for "$300,000.00" thereafter.

    Act No. 100 inserted "including liability for the operation of owned and non-owned motor vehicles and" following "general liability policy".

    Cross References

    Cross references. Claims against State employees generally, see 3 V.S.A. chapter 29.

    Liabilities of officers of union school districts generally, see § 706q of this title.

    ANNOTATIONS

    1. Applicability .

    Because 16 V.S.A. § 1756(a) only requires school district employees to be indemnified for expenses arising out of allegations of accidental personal injury or property damage, it did not apply to a school superintendent who was investigated for a sexual harassment complaint. Brown v. Windham Northeast Supervisory Union, 2006 U.S. Dist. LEXIS 65884, WL 2548198 (D. Vt. 2006).

    Subchapter 2. Minimum Salaries

    § 1791. Repealed. 1975, No. 48, § 14, eff. April 15, 1975.

    History

    Former § 1791. Former § 1791, relating to minimum salaries for teachers without professional certification, was derived from 1957, No. 282 , § 1.

    §§ 1792, 1793. Repealed. 2003, No. 107 (Adj. Sess.), § 21(2).

    History

    Former §§ 1792, 1793. Former §§ 1792 and 1793, relating to minimum salaries for teachers, were derived from: § 1792: 1957, No. 282 , § 2 and amended by 1959, No. 179 ; 1963, No. 72 , §§ 1, 2; 1965, No. 92 , §§ 1, 2; 1967, No. 229 (Adj. Sess.), §§ 1, 2, eff. Jan. 23, 1968; 1969, No. 102 , § 1, eff. July 1, 1970; 1971, No. 104 , § 1; 1989, No. 118 , § 2; 1989, No. 118 , § 2; § 1793: 1957, No. 282 , § 3 and amended by 1963, No. 72 , § 3; 1969, No. 102 , § 2, eff. July 1, 1970.

    § 1794. Repealed. 1964, No. 40 (Sp. Sess.), § 8, eff. March 13, 1964.

    History

    Former § 1794. Former § 1794, relating to special State aid, was derived from 1957, No. 282 , § 4.

    Subchapter 3. Transition of Employees

    History

    Effective date and applicability of enactment. 2015, No. 46 , § 52(p) provides: "Sec. 43 (transition of employees) [which enacted this subchapter] shall take effect on passage [June 2, 2015] and shall apply to a New District or New SU that has its first day of operation on or after that date; provided, however, that this section shall not apply to the transition of employees to the new joint contract school scheduled to be operated by the Pomfret and Bridgewater school districts beginning in the 2015-2016 academic year."

    § 1801. Definitions.

    As used in this subchapter:

    1. "New District" means a district created by the realignment or merger of two or more current districts into a new supervisory district, union school district, or any other form of merged or realigned district authorized by law, including by chapter 11, subchapter 1, of this title, regardless of whether one or more of the districts creating the New District (a Realigning District) is a town school district, a city school district, an incorporated school district, a union school district, a unified union school district, or a supervisory district.
    2. "New SU" means a supervisory union created from the merger or realignment of two or more current supervisory unions or of all or some of the districts in one or more current supervisory unions (a Realigning SU). "New SU" also means a supervisory union created by the State Board's adjustment of the borders of one or more current supervisory unions or parts of supervisory unions pursuant to section 261 of this title or otherwise, regardless of whether the New SU is known by the name of one of the current supervisory unions or the adjustment is otherwise structured or considered to be one in which one current supervisory union (the Absorbing SU) is absorbing one or more other supervisory unions or parts of supervisory unions into the Absorbing SU.
    3. "Employees of a Realigning Entity" means the licensed and nonlicensed employees of a Realigning District or Realigning SU, or both, that create the New District or New SU, and includes employees of an Absorbing SU and employees of a Realigning SU whose functions will be performed by employees of a New District that is a supervisory district.
    4. "System" shall mean the Vermont Municipal Employees' Retirement System created pursuant to 24 V.S.A. chapter 125.
    5. "Transitional Board" means the board created prior to the first day of a New District's or a New SU's existence in order to transition to the new structure by negotiating and entering into contracts, preparing an initial proposed budget, adopting policies, and otherwise planning for implementation of the New District or New SU, and includes the board of an Absorbing District to which members from the other Realigning SU or SUs have been added in order to perform transitional responsibilities.

      Added 2015, No. 46 , § 43, eff. June 2, 2015.

    § 1802. Transition of employees to newly created employer.

    1. Prior to the first day of a New District's or a new SU's existence, upon creation of the Transitional Board, the Board shall:
      1. appoint a negotiations council for the New District or New SU for the purpose of negotiating with future employees' representatives; and
      2. recognize the representatives of the Employees of the Realigning Districts or Realigning SUs as the recognized representatives of the employees of the New District or New SU.
    2. Negotiations shall commence within 90 days after formation of the Transitional Board and shall be conducted pursuant to the provisions of chapter 57 of this title for teachers and administrators and pursuant to 21 V.S.A. chapter 22 for other employees.
    3. An Employee of a Realigning District or Realigning SU who was not a probationary employee shall not be considered a probationary employee of the New District or New SU.
    4. If a new agreement is not ratified by both parties prior to the first day of the New District's or New SU's existence, then:
      1. the parties shall comply with the existing agreements in place for Employees of the Realigning Districts or the Realigning SUs until a new agreement is reached;
      2. the parties shall adhere to the provisions of an agreement among the Employees of the Realigning Districts or the Realigning SUs, as represented by their respective recognized representatives, regarding how provisions under the existing contracts regarding issues of seniority, reduction in force, layoff, and recall will be reconciled during the period prior to ratification of a new agreement; and
      3. a new employee beginning employment after the first day of the New District's or New SU's existence shall be covered by the agreement in effect that applies to the largest bargaining unit for Employees of the Realigning Districts in the New District or for Employees of the Realigning SU in the New SU.
    5. On the first day of its existence, the New District or New SU shall assume the obligations of existing individual employment contracts, including accrued leaves and associated benefits, with the Employees of the Realigning Districts.

      Added 2015, No. 46 , § 43, eff. June 2, 2015.

    § 1803. Vermont Municipal Employees' Retirement System.

    1. A New District or New SU, on the first day of its existence, shall assume the responsibilities of any one or more of the Realigning Districts or Realigning SUs that have been participants in the System; provided, however, that this subsection shall not be construed to extend benefits to an employee who would not otherwise be a member of the System under any other provision of law.
    2. The existing membership and benefits of an Employee of a Realigning District or a Realigning SU shall not be impaired or reduced either by negotiations with the New District or New SU under 21 V.S.A. chapter 22 or otherwise.
    3. In addition to general responsibility for the operation of the System pursuant to 24 V.S.A. § 5062(a) , the responsibility for implementation of all sections of this subchapter relating to the System is vested in the Retirement Board.

      Added 2015, No. 46 , § 43, eff. June 2, 2015.

    CHAPTER 55. STATE TEACHERS' RETIREMENT SYSTEM OF VERMONT

    Sec.

    History

    Application of provisions of chapter in effect prior to 1989, No. 169 (Adj. Sess.) amendments. 1989, No. 169 (Adj. Sess.), § 12, provided:

    "(a) On July 1, 1990, any member in service who was a group B member under the provisions of chapter 55 of Title 16 in effect immediately prior to the effective date of this act shall become a group C member.

    "(b) The provisions of chapter 55 of Title 16 in effect immediately prior to the effective date of this act [see note below] shall apply to any group B member who is separated from service on July 1, 1990 and fails to resume service prior to retirement.

    "(c) The provisions of chapter 55 of Title 16 in effect immediately prior to the effective date of this act [see note below] shall apply to teachers who retired as group B members on or before June 30, 1990."

    Periodic review of retirement system. 1989, No. 78 , § 18, provided: "The house and senate committees on government operations shall conduct a review of the retirement systems at least once every other biennium."

    Retirement benefits - 1977. 1977, No. 113 , § 255, as amended by 1977, No. 247 (Adj. Sess.), § 141; 1979, No. 74 , § 254, eff. July 1, 1979, provided: "Notwithstanding the provisions of 16 V.S.A. chapter 55, no person shall be eligible to receive benefits from the state teachers' retirement system of Vermont who is receiving a continuation of salary under the early retirement provisions of Article XXXI of the agreement between Vermont state colleges and Vermont state colleges faculty federation VSCFF, AFT, Local 3180, AFL-CIO."

    - 1981. 1981, No. 4 , § 56, eff. Feb. 26, 1981; No. 108, § 253, provided: "Notwithstanding the provisions of 16 V.S.A., chapter 55, no person shall be eligible to receive benefits from the state teachers' retirement system of Vermont who is receiving a continuation of salary under the early retirement provisions of Article XXXI of the agreement between Vermont state colleges and Vermont state colleges faculty federation VSCFF, AFT, Local 3180, AFL-CIO."

    - 1981 (Adj. Sess.). 1981, No. 116 (Adj. Sess.), § 22, eff. Feb. 16, 1982, provided: "Notwithstanding the provisions of 16 V.S.A., Chapter 55, no person shall be eligible to receive benefits from the state teachers' retirement system of Vermont who is receiving a continuation of salary under the early retirement provisions of Article XXXI of the agreement between the Vermont state colleges and the Vermont state colleges faculty federation VSCFF, AFT, Local 3180, AFL-CIO."

    1981, No. 248 (Adj. Sess.), § 227 provided, in part: "Notwithstanding the provisions of 16 V.S.A., Chapter 55, no person shall be eligible to receive benefits from the state teachers' retirement system of Vermont who is receiving a continuation of salary under the early retirement provisions of the applicable article of the agreement between the Vermont state colleges and the Vermont state colleges faculty federation VSCFF, AFT, Local 3180, AFL-CIO."

    - 1989. 1989, No. 73 , § 198, provided in part: "Notwithstanding the provision of 16 V.S.A., chapter 55, no person shall be eligible to receive benefits from the state teachers' retirement system who is receiving a continuation of salary under the early retirement provisions of the applicable article of the agreement between the Vermont state colleges and the Vermont state colleges faculty federation, VSCFF, AFT, Local 3180, AFL-CIO."

    1994 retirement benefits. 1993, No. 60 , § 175, as amended by 1993, No. 140 (Adj. Sess.), § 68, eff. April 15, 1994, provided in part: "Notwithstanding the provision of 16 V.S.A. chapter 55, no person shall be eligible to receive benefits from the state teachers' retirement system who is receiving a continuation of salary under the early retirement provisions of the applicable article of the agreement between the Vermont state colleges and the Vermont state colleges faculty federation, VSCFF, AFT, Local 3180, AFL-CIO".

    1995 retirement benefits. 1993, No. 210 (Adj. Sess.), § 176, provided in part: "Notwithstanding the provision of 16 V.S.A. chapter 55, no person shall be eligible to receive benefits from the state teachers' retirement system who is receiving a continuation of salary under the early retirement provisions of the applicable article of the agreement between the Vermont state colleges and the Vermont state colleges faculty federation, VSCFF, AFT, Local 3180, AFL-CIO".

    1996 retirement benefits. 1995, No. 63 , § 178, as amended by 1995, No. 74 (Adj. Sess.), § 3, eff. Feb. 14, 1996, provided in part: "Notwithstanding the provisions of 16 V.S.A. chapter 55, the amount of annual contributions to the Vermont state teachers' retirement system shall be $13,080,000.00 in fiscal year 1996. Notwithstanding the provisions of 16 V.S.A. chapter 55, no person shall be eligible to receive benefits from the state teachers' retirement system who is receiving a continuation of salary under the early retirement provisions of the applicable article of the agreement between the Vermont state colleges and the Vermont state colleges faculty federation, VSCFF, AFT, Local 3180, AFL-CIO".

    1997 retirement benefits. 1995, No. 178 (Adj. Sess.), § 179 provides: "Notwithstanding the provisions of 16 V.S.A. chapter 55, the amount of annual contributions to the Vermont state teachers' retirement system shall be $18,080,000.00 in fiscal year 1997. Notwithstanding the provisions of 16 V.S.A. chapter 55, no person shall be eligible to receive benefits from the state teachers' retirement system who is receiving a continuation of salary under the early retirement provisions of the applicable article of the agreement between the Vermont state colleges and the Vermont state colleges faculty federation. VSCFF, AFT, Local 3180, AFL-CIO".

    2003 retirement benefits 2003, No. 66 , § 197, provides: "(a) Notwithstanding the provisions of 16 V.S.A. chapter 55, no person shall be eligible to receive benefits from the state teachers' retirement system who is receiving a continuation of salary under the early retirement provisions of the applicable article of the agreement between Vermont state colleges and the Vermont state colleges faculty federation, VSCFF, AFT, Local 3180, AFL-CIO.

    "(b) Notwithstanding 16 V.S.A. § 1944(g)(2), the amount of annual contribution to the Vermont state teachers' retirement system shall be $20,446,282.00 in fiscal year 2004."

    Cross References

    Cross references. Vermont Employees' Retirement System, see 3 V.S.A. chapter 16.

    § 1931. Definitions.

    As used in this chapter:

    1. "Accumulated contributions" shall mean the sum of all the amounts deducted from the compensation of a member and credited to his or her individual account in the Pension Fund, together with regular interest thereon, as provided in subsection 1944(b) of this title.
    2. "Actuarial equivalent" shall mean a benefit of equal value under the actuarial assumptions last adopted by the Retirement Board under subsection 1943a(h) of this title.
    3. "Annuity" shall mean annual payments for life derived from the accumulated contributions of a member.
    4. "Average final compensation" shall mean:
      1. The average annual earnable compensation of a member during the three consecutive fiscal years beginning July 1 and ending June 30 of creditable service affording the highest average, or during all of the years of creditable service if fewer than three years. If the member's highest three years of earnable compensation are the three years prior to separation of service and the member separates prior to the end of a fiscal year, the average final compensation shall be determined by adding:
        1. the actual earnable compensation earned in the fiscal year of separation through the date of separation and the corresponding service credit;
        2. the earnable compensation and service credit earned in the preceding two fiscal years; and
        3. the remaining service credit that is needed to complete the three full years, which shall be factored from the fiscal year preceding the two fiscal years described in subdivision (ii) of this subdivision (A). The earnable compensation associated with this remaining service credit shall be calculated by multiplying the annual earnable compensation reported by the remaining service credit that is needed.
      2. A member who works less than full-time shall have his or her reported earnable compensation annualized for purposes of determining average final compensation.
      3. An increase in compensation in excess of 10 percent in any of the years used to calculate average final compensation shall be excluded. For purposes of calculating average final compensation for any member, payments made in lieu of benefits shall not be considered part of a member's average final compensation. For purposes of determining average final compensation for group C members, unused annual or sick leave, termination bonuses, and any other compensation for service not actually performed shall also be excluded.
    5. "Beneficiary" shall mean any person in receipt of a pension, an annuity, a retirement allowance or other benefit as provided by the System.
    6. "Board" shall mean the board of trustees of the System provided for in section 1942 of this title to administer the System.
    7. "Creditable service" shall mean membership service, any other service allowable under this chapter, and service transferred under 3 V.S.A. § 495 .
    8. "Earnable compensation" shall mean the full rate of compensation for the performance of professional services paid to a teacher when the teacher works the full normal working time for his or her position, in whatever manner paid, plus all additional wages received by a teacher for duties performed that provide direct educational value to the students. Long-term disability benefits, as long as the teacher remains in an employment relationship with the school district, shall be included.
    9. "Medical Board" shall mean the board of physicians provided for in subsection 1942(k) of this title.
    10. "Member" shall mean any person included in the System pursuant to section 1933 of this chapter.
      1. "Group A member": any person who is first included in the membership of the System prior to July 1, 1981.
      2. "Group C member": any person who is first included in the membership of the System on or after July 1, 1990, any person who was a Group B member on June 30, 1990 who was in service on that date, and any person who was a Group B member on June 30, 1990 who was absent from service on that date who returns to service on or after July 1, 1990.
    11. "Membership service" shall mean service as a member for which credit is allowable as provided in subsection 1936(a) of this title.
    12. "Pension" shall mean annual payments for life derived from money provided by the State.
    13. [Repealed.]
    14. "Regular interest" shall mean interest at such rate as may be established from time to time by the Board as provided in subsection 1943(b) of  this title.
    15. "Retirement" shall mean withdrawal from active service with a retirement allowance granted under the provisions of this chapter.
    16. "Retirement allowance" or "maximum allowance" shall mean the sum of the annuity and the pension. All retirement allowances shall be payable in monthly installments; provided, however, that if the retirement allowance is less than $20.00 per month, it may be paid, at the discretion of the Board of Trustees, in quarterly or semi-annual installments or in a lump sum of equivalent actuarial value.
    17. "Service" shall mean all service as a teacher for which compensation is received.
    18. "State" shall mean the State of Vermont.
    19. "System" or "Retirement System" shall mean the State Teachers' Retirement System of Vermont, as defined in section 1932 of this title.
    20. "Teacher" shall mean any licensed teacher, principal, supervisor, superintendent, or any professional licensed by the Vermont Standards Board for Professional Educators who is regularly employed, or otherwise contracted if following retirement, for the full normal working time for his or her position in a public day school or school district within the State, or in any school or teacher-training institution located within the State, controlled by the State Board of Education, and supported wholly by the State; or in certain public independent schools designated for such purposes by the Board in accordance with section 1935 of this title. In all cases of doubt, the Board shall determine whether any person is a teacher as defined in this chapter. It shall not mean a person who is teaching with an emergency license.
    21. "Pension Fund" or "Vermont Teachers' Retirement Fund" shall mean the Fund created by section 1944 of this title.
    22. "Benefits Fund" or "Retired Teachers' Health and Medical Benefits Fund" shall mean the Fund created pursuant to section 1944b of this title.

      Amended 1981, No. 41 , § 23; 1989, No. 78 , § 2; 1989, No. 169 (Adj. Sess.), §§ 1, 2; 1991, No. 24 , § 11; 1991, No. 64 , § 6, eff. June 18, 1991; 1991, No. 24 7 (Adj. Sess.), § 7; 1995, No. 36 , §§ 3, 4; 2003, No. 122 (Adj. Sess.), § 297d; 2005, No. 214 (Adj. Sess.), § 3; 2007, No. 13 , § 22; 2007, No. 13 7 (Adj. Sess.), § 4; 2009, No. 24 , § 5; 2009, No. 74 (Adj. Sess.), § 2; 2013, No. 22 , § 10; 2017, No. 165 (Adj. Sess.), § 7.

    History

    Source. 1955, No. 229 , § 1. 1953, No. 6 , §§ 1-4. 1949, No. 96 , § 1. V.S. 1947, § 4275. 1947, No. 68 , § 1.

    Revision note. Paragraph XXIII of V.S. 1947, § 4275, providing that the masculine pronoun includes the feminine, was omitted as covered by 1 V.S.A. § 175.

    Designation "(a)" was deleted preceding the introductory paragraph for purposes of conformity with V.S.A. style.

    Amendments--2017 (Adj. Sess.). Section amended generally.

    Amendments--2013. Subdiv. (7): Inserted ", plus service transferred under 3 V.S.A. § 495".

    Amendments--2009 (Adj. Sess.). Subdiv. (4)(C): Deleted "shall be deemed to be designed to unjustifiably inflate the member's retirement benefits and" following "compensation" and deleted "unless the board determines that such compensation was paid for significant additional duties" following "excluded" in the first sentence; deleted the former second sentence and "as defined by the board" preceding "shall" in the present second sentence; and inserted "also" following "shall" near the end of the present third sentence.

    Subdiv. (20): Inserted ", or otherwise contracted if following retirement," following "employed" in three places and "or school district" following "public day school".

    Amendments--2009. Subdiv. (20): Added "licensed" before "teacher" and added "licensed by the Vermont standards board for professional educators and" after "professional" in the first sentence and substituted "licensed teacher" for "person" and added "and licensed by the Vermont standards board for professional educators" after "capacity" in the second sentence.

    Amendments--2007 (Adj. Sess.). Subdiv. (2): Amended generally.

    Amendments--2007. Subdiv. (1): Inserted "or her" following "his" and deleted "annuity savings" preceding "fund" and "(b) of section" following "subsection".

    Subdiv. (4): Rewrote the subdiv.

    Subdiv. (16): Inserted "or 'maximum allowance'" preceding "shall mean" in the first sentence.

    Subdiv. (21): Added.

    Amendments--2005 (Adj. Sess.). Subdiv. (20): Substituted "Vermont standards board for professional educators" for "state board of education" in the first sentence.

    Amendments--2003 (Adj. Sess.). Subdiv. (20): Added the fourth sentence.

    Amendments--1995 Subdiv. (8): Amended generally.

    Subdiv. (20): Inserted "licensed" following "mean any", substituted "superintendent or any professional licensed by the state board of education regularly employed for the full normal working time for his or her position" for "or superintendent regularly employed" preceding "in a public", and inserted "any teacher, principal, supervisor, superintendent or any professional regularly employed for the full normal working time for his or her position" preceding "in any nonsectarian" in the first sentence.

    Amendments--1991 (Adj. Sess.) Subdiv. (4): Deleted "or beneficiary" preceding "during the three" in the first sentence and added the second through fourth sentences.

    Amendments--1991 Subdiv. (8): Act No. 64 inserted "or she" preceding "worked the full" and "or her" preceding "position" and added "and shall include long-term disability benefits as long as the teacher remains in an employment relationship with the school district" following "manner paid".

    Subdiv. (20): Act No. 24 substituted "independent" for "private" following "nonsectarian" in the first sentence and "independent schools" for "quasi-public institutions" preceding "designated" in the second sentence.

    Amendments--1989 (Adj. Sess.) Subdiv. (4): Substituted "the member's" for "his or her" in three places and "the member" for "he or she" preceding "has less than" in the first sentence and "group C" for "group B" preceding "members" in the second sentence.

    Subdiv. (10)(B): Amended generally.

    Amendments--1989 Subdiv. (4): In the first sentence, substituted "three" for "five" preceding "years" in two places, inserted "or her" following "his" in three places and inserted "or she" preceding "has less".

    Amendments--1981 Deleted the former fifth and fifteenth paragraphs, designated the remaining second through twenty-first paragraphs as subdivs. (1) through (20), respectively, added the second sentence in subdiv. (4), inserted "for service" following "compensation", deleted the second sentence in subdiv. (8), and rewrote subdiv. (10).

    ANNOTATIONS

    Cited. Jacobs v. State Teachers' Retirement System of Vermont, 174 Vt. 404, 816 A.2d 517 (2002).

    § 1932. Date of establishment; power and privileges; name.

    A retirement system is hereby established and placed under the management of the Board of Trustees of the System for the purpose of providing retirement allowances and other benefits under the provisions of this chapter for teachers of the State of Vermont. The System shall begin operation and be established as of July 1, 1947. It shall have the power and privileges of a corporation and shall be known as the "State Teachers' Retirement System of Vermont," and by such name all of its business shall be transacted, all of its assets invested, and all of its cash and securities and other property held in trust for the purpose for which received.

    Amended 2007, No. 13 , § 23.

    History

    Source. V.S. 1947, § 4276. 1947, No. 68 , § 2.

    Amendments--2007. Substituted "assets" for "funds" preceding "invested" in the last sentence.

    ANNOTATIONS

    1. Sovereign immunity .

    The State Teachers' Retirement System is an arm of the State such that sovereign immunity prevents a suit for money damages against it absent some kind of waiver. Jacobs v. State Teachers' Retirement System of Vermont, 174 Vt. 404, 816 A.2d 517 (2002).

    § 1933. Members generally.

    1. Membership in the System shall be a condition of employment for all teachers. A person shall not join the System as a Group A member. A person shall not join the system as a Group B member after June 30, 1990. A service shall not be included in the creditable service of any member unless the member was a member at the time the service was performed or is entitled to credit under section 1936 or 1944 of this title or was transferred under 3 V.S.A. § 495 .
    2. , (c)  [Repealed.]

      (d) Should any Group A or Group C member who has less than five years of creditable service in any period of seven consecutive years after last becoming a member be absent from service more than six years, or should a member withdraw the member's accumulated contributions or die or retire under the provisions of this chapter, the member shall thereupon cease to be a member. However, the membership of any teacher granted leave of absence by the member's school board for the purpose of professional study or for the acceptance of an exchange position shall be continued during such leave of absence subject to Board rules, if the member does not withdraw the member's contributions, if any, and such member shall be considered in the service of the State for the purposes of the System during such leave of absence. In the case of leaves of absence granted by a member's school board for purposes other than for professional study or for an exchange position, service credit shall be granted upon a contribution by the member or the member's school board. Such contribution shall be made at the member's current rate multiplied by the member's earnable compensation for the year preceding the leave of absence.

      (e) [Repealed.]

      Amended 1961, No. 163 ; 1961, No. 223 , eff. July 18, 1961; 1963, No. 110 , § 5, eff. May 28, 1963; 1965, No. 84 , § 1; 1969, No. 62 ; 1969, No. 215 (Adj. Sess.), § 1; 1971, No. 201 (Adj. Sess.), § 2; 1973, No. 141 (Adj. Sess.), § 1; 1977, No. 53 , § 3, eff. April 23, 1977; 1981, No. 41 , § 24; 1981, No. 189 (Adj. Sess.), § 1, eff. April 22, 1982; 1989, No. 169 (Adj. Sess.), § 3; 1991, No. 64 , § 7; 2013, No. 22 , § 11; 2017, No. 165 (Adj. Sess.), § 8; 2019, No. 131 (Adj. Sess.), § 82.

    History

    Source. 1955, No. 115 , § 1. 1951, No. 88 , § 1. V.S. 1947, § 4277. 1947, No. 68 , § 3.

    Amendments--2019 (Adj. Sess.). Subsec. (d): Deleted "relating thereto" following "Board rules" in the second sentence.

    Amendments--2017 (Adj. Sess.). Subsec. (d): In the first sentence, inserted "who has less than five years of creditable service" following "member".

    Subsec. (e): Repealed.

    Amendments--2013. Subsec. (a): Substituted "A" for "No" preceding "person" in the second and third sentences and "service" in the fourth sentence and inserted "not" preceding "join" and "be", respectively; and inserted "or was transferred under 3 V.S.A. § 495" following "title".

    Amendments--1991. Subsec. (d): Added the third and fourth sentences.

    Amendments--1989 (Adj. Sess.). Subsec. (a): Deleted "after July 1, 1981, except as provided in section 1950(e) of this title" following "member" in the first sentence, added the second sentence, and substituted "the member" for "he" following "unless", deleted "for military service" following "credit", and inserted "or 1944" following "section 1936" in the third sentence.

    Subsec. (d): Inserted "or group C" following "group A" and substituted "a member" for "he" preceding "withdraw", "the member's" for "his" thereafter, and "the member" for "he" following "chapter" in the first sentence, deleted the former second sentence, and substituted "the member's" for "his" in two places, "rules" for "regulations" preceding "relating thereto, if", and "the member" for "he" thereafter in the third sentence.

    Amendments--1981 (Adj. Sess.). Subsec. (e): Substituted "member" for "teacher or beneficiary" preceding "who taught", inserted "subsequently" preceding "became", and substituted "and rendered five years of creditable service" for "on or before June 30, 1963" preceding "shall receive".

    Amendments--1981. Section amended generally.

    Amendments--1977. Subsec. (d): Deleted "entering such classes of military or naval service of the United States as may be approved by resolution of the board, or of any teacher" preceding "granted", "military or naval service, or during such" following "continued during such", and "military or naval service or during such" preceding "leave of absence" at the end of the subsec.

    Amendments--1973 (Adj. Sess.). Subdiv. (a)(1): Added "and any person who has rendered service as a teacher in Vermont shall become a member of the system as a condition of his re-employment" following "school year" at the end of the first sentence.

    Amendments--1971 (Adj. Sess.). Subsec. (a): Amended generally.

    Amendments--1969 (Adj. Sess.). Subsec. (e): Deleted "one-half of" preceding "those years".

    Amendments--1969. Subsec. (a): Amended generally.

    Amendments--1965. Subsec. (e): Inserted "became a member of the teachers' retirement system" preceding "on or before June 30, 1963" and deleted "has a total of ten years of creditable service under the teachers' retirement system after June 30, 1948" thereafter.

    Amendments--1963. Subsec. (e): Inserted "or beneficiary" following "any teacher" and "who" following "after June 30, 1948".

    Amendments--1961. Subsec. (d): Act No. 163, substituted "seven consecutive years" for "five consecutive years" and "six years" for "three years" near the beginning of the subsec.

    Subsec. (e): Added by Act No. 223.

    Cross References

    Cross references. Transfer of memberships between retirement systems, see 3 V.S.A. § 495.

    ANNOTATIONS

    Analysis

    1. Credit for prior service.

    Credit for service prior to 1947 in quasi-public institutions granted by 1961 amendment to this section, which added subsec. (e), was granted only to that group of teachers specifically described in the amendment, and all others were excluded. 1960-62 Op. Atty. Gen. 94.

    2. Credit for military service.

    Teacher whose teaching was interrupted by military service is entitled to one-half credit under section 1936(b) of this title and subsec. (e) of this section even though he did not return to his profession until three years after his discharge from military service. 1962-64 Op. Atty. Gen. 371.

    § 1934. Repealed. 2017, No. 165 (Adj. Sess.), § 29.

    History

    Former § 1934. Former § 1934, relating to members of the prior Vermont State Teachers' Retirement System, was derived from 1949, No. 96 , § 6; V.S. 1947, § 4287; 1947, No. 68 , § 13 and amended by 2007, No. 13 , § 24.

    § 1935. Teachers in certain public or independent schools.

    1. The Board of Trustees may designate certain public or independent schools, which are located within the State, and supported wholly or in part by the State but which are not under the control of the State Board of Education, as employers of teachers within the meaning of this chapter.
    2. At any time within 75 days following the date of such designation, any person employed on the date of designation in a teaching capacity by such institution and who is not then a member of the System may become a member of the System by filing with the Board of Trustees, on a form prescribed by the Board, an application to be covered in the membership of the System.
    3. -(f)  [Repealed.]

      Amended 1963, No. 69 ; 1991, No. 24 , § 11; 2007, No. 13 , § 25; 2017, No. 165 (Adj. Sess.), § 9.

    History

    Source. 1955, No. 115 , § 5. 1953, No. 6 , § 5.

    Amendments--2017 (Adj. Sess.). Subsecs. (c)-(e): Repealed.

    Amendments--2007. Subsec. (e): Substituted "the member's" for "his", inserted "or her" following "his" in three places, and deleted "annuity savings" preceding "fund".

    Subsec. (f): Repealed.

    Amendments--1991. Substituted "independent schools" for "quasi-public institutions" in the section heading and following "certain public or" in subsec. (a).

    Amendments--1963. Subsec. (f): Added.

    Cross References

    Cross references. Transfer of memberships between retirement systems, see 3 V.S.A. § 495.

    ANNOTATIONS

    Analysis

    1. Public institutions.

    Vermont State Colleges and the educational institutions under its control are "public institutions" within the meaning of subsection (a) of this section for they have been created by the State, are controlled by the State, and supported by the State and the Board of Trustees of the State Teachers' Retirement System may designate said institutions as employers of teachers. 1962-64 Op. Atty. Gen. 368.

    2. Teachers eligible for membership in System.

    Teachers in State institutions that have been designated as "employers of teachers," are entitled to join or transfer to the State Teachers' Retirement System in accordance with the provisions of this section. 1952-54 Op. Atty. Gen. 429.

    3. Creditable service.

    No retirement credit for teaching at quasi-public institutions before the date of such institution's approval by Board is granted by this section. 1960-62 Op. Atty. Gen. 94.

    § 1936. Creditable service; military service.

    1. Each member shall receive membership service credit for all service rendered while a member of the System since he or she became a member, or since he or she last became a member in the event of a break in his or her membership.
    2. [Repealed.]
    3. Creditable service shall consist of membership service credit, any other service allowable under this chapter, and service transferred under 3 V.S.A. § 495 .
    4. Credit shall also be granted for any period of absence from service due to any class of military service of the United States approved by the Retirement Board, provided the member returns to service as a teacher as defined under section 1931 of this title within 90 days after having become discharged or separated from military service, as if such service had been service as a teacher. The earnable compensation of the teacher at the time of entering such military service shall be deemed to be the earnable compensation for the period of such service.
    5. Credit shall also be granted for any period of absence from service in connection with an approved workers' compensation claim as a result of a work-related injury, provided the employee provides evidence of the period covered by the approved workers' compensation claim upon return to active service. The earnable compensation of the employee at the time of entering the absence from service resulting from an approved workers' compensation claim or the wages plus all other wage replacement compensation received while on the approved period of absence, whichever provides for the highest total compensation, shall be deemed to be the earnable compensation for the period of service. The total compensation under this subsection shall not exceed what the earnable compensation would have been had the member not been injured.

      Amended 1977, No. 53 , §§ 1, 5, eff. April 23, 1977; 2001, No. 29 , § 4; 2007, No. 13 , § 26; 2017, No. 165 (Adj. Sess.), § 10.

    History

    Source. V.S. 1947, § 4278. 1947, No. 68 , § 4.

    Amendments--2017 (Adj. Sess.). Subsec. (b): Repealed.

    Subsec. (c): Amended generally.

    Amendments--2007. Subsec. (e): Added.

    Amendments--2001. Subsec. (d): Deleted "in connection with a national emergency" preceding "due to any class of military" and "or naval" thereafter, substituted "90 days" for "eighteen months", and deleted "or naval" following "separated from military" in the first sentence, and rewrote the second sentence.

    Amendments--1977 Subsec. (b): Added "except as provided in section 1944(b)(6)(B) of this title" at the end of the fifth sentence.

    Subsec. (d): Added.

    Creditable service for members leaving full-time employment to serve in general assembly; contributions; computation of benefits. 1989, No. 78 , § 15(b), provided: "A member of the state employees' or teachers' retirement system who prior to 1980 had to leave full-time employment in order to serve as a member of the general assembly shall receive service credit for time spent in the general assembly, and shall not be required to make a contribution. For purposes of this section benefits shall be computed as if such leave had not occurred."

    ANNOTATIONS

    Analysis

    1. Credit for service outside System.

    The Board of Trustees of the State Teacher's Retirement System has no power to give service credit for service at the University of Vermont rendered prior to becoming a member of the System. 1970-72 Op. Atty. Gen. 456.

    2. Credit for military or naval service.

    Provisions of subsec. (b) of this section in regard to military service applied to the half credit set forth within section 1933(e) of this title, provided the military service interrupted the teacher in his occupation. 1962-64 Op. Atty. Gen. 371.

    Civilian public service participation on part of members of System was not creditable as "military or naval service" within meaning of such terms as used in this section. 1946-48 Op. Atty. Gen. 379.

    § 1937. Service retirement.

    1. Upon written application to the Board not later than 90 days, or longer for good cause shown, after the date upon which the retirement allowance is to begin:
      1. any Group A member may retire on a service retirement allowance on the first day of the calendar month next following the member's separation from service, provided that the member shall have attained age 60, and following completion of five years of creditable service for those members hired on or after July 1, 2004, or have completed 30 years of creditable service at the date of the member's retirement;
      2. any Group C member, having attained the age of 57 or completed 25 years of creditable service as of June 30, 2010, may retire on a service retirement allowance on the first day of the calendar month next following the member's separation from service, provided that such member shall have attained age 62, and following completion of five years of creditable service for those members who are hired on or after July 1, 2004, or have completed 30 years of creditable service at the date of the member's retirement; and
      3. any Group C member not having attained the age of 57 or completed 25 years of creditable service as of June 30, 2010, may retire on a service retirement allowance on the first day of the calendar month next following the member's separation from service, provided that the member shall have completed five years of creditable service and either has attained the age of 65 or has at least 90 years of combined age and years of creditable service at the date of the member's retirement.
      1. Upon service retirement, a Group A member shall receive a service retirement allowance that shall consist of: (b) (1)  Upon service retirement, a Group A member shall receive a service retirement allowance that shall consist of:
        1. an annuity, which shall be the actuarial equivalent of the member's accumulated contributions at the time of retirement except as subdivisions 1937(b)(4) and 1944(b)(2) of this title increase the annuity; and
        2. a pension, which shall be equal to one-120th of the member's average final compensation multiplied by the number of years of the member's membership service.
      2. Beginning on July 1, 1989, the service retirement allowance shall be not less than the larger of $4,550.00 a year or 50 percent of the member's average final compensation for any member or beneficiary who has completed 30 years or more of creditable service, nor less than a proportionate amount thereof for any member or beneficiary who has completed less than 30 years of creditable service. Beginning on March 1, 1998, the service retirement allowance shall be not less than the larger of $6,600.00 a year or 50 percent of the member's average final compensation for any member or beneficiary who has completed 30 years or more of creditable service, nor less than a proportionate amount thereof for any member or beneficiary who has completed at least five years, but less than 30 years, of creditable service. For this purpose, any annuity derived from the member's contributions transferred from the existing system under subsection 1934(c) of this title and from additional contributions made under subdivisions 1944(b)(5) and (6) of this title shall not be included as part of the retirement allowance. Beginning on September 1, 2006, the service retirement allowance shall be not less than the larger of $9,000.00 per year or 50 percent of the member's average final compensation for any member or beneficiary who has completed 30 years or more of creditable service nor less than a proportionate amount thereof for any member or beneficiary who has completed at least five years but less than 30 years of creditable service. Beginning on September 1, 2011, and on September 1 of every fifth year thereafter, the minimum service retirement allowance shall be increased by $1,000.00.
      3. , (4) [Repealed.]
    2. Upon service retirement, a Group C member shall receive a service retirement allowance as follows:
      1. for a member having attained the age of 57 or completed 25 years of creditable service as of June 30, 2010, the sum of:
        1. 1-1/4 percent of the member's average final compensation multiplied by years of creditable service prior to July 1, 1990;
        2. 1-2/3 percent of the member's average final compensation multiplied by years of creditable service on and after July 1, 1990 through June 30, 2010, to a maximum of 50 percent of average final compensation; and
        3. 1-2/3 percent of the member's average final compensation multiplied by years of creditable service, 2 of which shall be membership service, on or after July 1, 2010, to a maximum of 53.34 percent of average final compensation;
      2. for a member having neither attained the age of 57 nor completed 25 years of creditable service as of July 1, 2010, the sum of:
        1. 1-1/4 percent of the member's average final compensation multiplied by years of creditable service prior to July 1, 1990;
        2. 1-2/3 percent of the member's average final compensation multiplied by the member's years of creditable service between July 1, 1990 and June 30, 2010; and
        3. 1-2/3 percent of the member's average final compensation times the member's creditable service on or after July 1, 2010 until attainment of 20 years of creditable service, and two percent of the member's average final compensation multiplied by the member's years of creditable service in excess of 20 years, to a maximum of 60 percent of average final compensation.
    3. Upon written application to the Board, any Group A member who has not attained age 60 but who has attained age 55 may retire on an early retirement allowance on the first day of the calendar month next following the filing of the application or the member's separation from service, whichever date is later, provided that the applicant has notified the superintendent of schools in writing 30 calendar days prior to the effective date of the application.
    4. Upon early retirement a Group A member shall receive an early retirement allowance, which shall be the actuarial equivalent of:
      1. a normal retirement allowance payable at normal retirement date, based on the member's average final compensation at early retirement and the number of years of creditable service the member would have completed had the member remained in service to the member's normal retirement date; multiplied by
      2. the ratio that the number of the member's years of creditable service at early retirement bear to the number of years of such service the member would have completed had the member remained in service to the member's normal retirement date.
    5. Upon written application to the Board:
      1. any Group C member who has attained the age of 57 or completed at least 25 years of creditable service as of June 30, 2010, has not attained the age of 62 but has attained the age of 55 and completed between five and 30 years of creditable service may retire on an early retirement allowance on the first day of the calendar month next following the filing of the application or the member's separation from service, whichever date is later;
      2. any Group C member who has not attained the age of 57 or completed at least 25 years of creditable service as of June 30, 2010, and neither has attained the age of 65 nor has at least 90 years of combined age and years of creditable service, but who has attained age 55 and completed five years of creditable service, may retire on an early retirement allowance on the first day of the calendar month next following the filing of the application or the member's separation from service, whichever date is later.
    6. Upon early retirement, a Group C member:
      1. who has attained the age of 57 or completed at least 25 years of creditable service as of June 30, 2010 shall receive an early retirement allowance equal to the service retirement allowance reduced by one-half of one percent for each month the member is under age 62 at the time of early retirement;
      2. who has not attained the age of 57 or completed at least 25 years of creditable service as of June 30, 2010, and neither has attained the age of 65 nor has at least 90 years of combined age and years of creditable service, shall receive an early retirement allowance, which shall be the actuarial equivalent of the normal retirement allowance computed under subsection (c) of this section, based on the average final compensation and years of creditable service at the date of early retirement.
    7. Any member who retires prior to age 62 may, at any time prior to the date the first payment on account of the member's retirement allowance normally becomes due, elect to convert the retirement allowance otherwise payable to the member after retirement into a reduced retirement allowance that is its actuarial equivalent and is of such amount that, with the member's primary insurance amount under Title II of the Social Security Act, the member will receive, so far as possible, the same amount each year before and after such primary insurance amount commences.
    8. When a member has a minimum of 25 years of creditable service, he or she may elect to purchase up to five years of additional service credit. A member who has attained the age of 57 and completed at least 25 years of creditable service as of June 30, 2010 and makes an election under this subsection shall deposit in the Pension Fund by a single contribution an amount computed at regular interest to be sufficient to provide at normal retirement an annuity equal to one and two-thirds percent of the member's average final compensation multiplied by the number of years purchased. A member who has not attained the age of 57 or completed at least 25 years of creditable service as of June 30, 2010 and makes an election under this subsection shall deposit in the Pension Fund by a single contribution an amount computed at regular interest to be sufficient to provide at normal retirement an annuity equal to one and two-thirds percent of the member's average final compensation for each year up to 20 years of service and two percent of the member's average final compensation for each year thereafter. If through a negotiated agreement or binding contract, a school district or supervisory union is required to purchase the whole or part of the additional years of service credit necessary to enable the member to take normal retirement, the school district or supervisory union may deposit a single contribution into the Pension Fund or make the contribution in four equal annual payments on dates established by the State Treasurer. If a school district or supervisory union elects to make the contribution in four equal annual payments, it shall, in addition, pay interest at the actuarially assumed interest rate at the time of each annual payment. Any payment not received within 30 days after the date it is due shall be considered delinquent and the delinquent payment and interest may be recovered by action in a court of competent jurisdiction against the school district or supervisory union liable therefor or may be deducted by the State Treasurer from any other monies payable to such school district or supervisory union by the State or any department or agency thereof.

      Amended 1959, No. 72 , §§ 1, 2, eff. April 1, 1959; 1961, No. 85 , § 1; 1963, No. 182 , § 1; 1967, No. 172 , § 1; 1969, No. 72 ; 1971, No. 201 (Adj. Sess.), §§ 1, 3; 1973, No. 5 ; 1973, No. 141 (Adj. Sess.), § 2; 1977, No. 38 ; 1981, No. 41 , § 25; 1989, No. 78 , § 5; 1989, No. 169 (Adj. Sess.), § 4; 1993, No. 33 , § 2; 1997, No. 68 (Adj. Sess.), § 1, eff. March 1, 1998; 1999, No. 158 (Adj. Sess.), §§ 3, 8; 2003, No. 122 (Adj. Sess.), § 297e; 2005, No. 163 (Adj. Sess.), § 6; 2007, No. 13 , § 27; 2009, No. 74 (Adj. Sess.), § 3; 2009, No. 139 (Adj. Sess.), § 5; 2017, No. 165 (Adj. Sess.), § 11.

    History

    Source. 1955, No. 229 , §§ 2, 3. 1953, No. 150 , § 1. 1951, No. 88 , § 2. 1949, No. 96 , § 2. V.S. 1947, § 4279. 1947, No. 68 , § 5.

    Reference in text. Subdiv. 1937(b)(4), referred to in subdiv. (b)(1)(A), was repealed by 2017, No. 165 (Adj. Sess.), § 11.

    Title II of the Social Security Act, referred to in subsec. (h), is codified as 42 U.S.C. § 401 et seq.

    Amendments--2017 (Adj. Sess.). Subsec. (b): Amended generally.

    Subdiv. (g)(2): Substituted "subsection (c)" for "subsection (b)" following "computed under".

    Subsec. (i): Inserted "Pension" preceding "Fund" in the second through fourth sentences and substituted "after" for "of" following "30 days" in the last sentence.

    Amendments--2009 (Adj. Sess.). Subsec. (a): Rewritten by Act No. 74.

    Subdiv. (b)(4): Act No. 74 added the present fifth and sixth sentences.

    Subsec. (c): Rewritten by Act No. 74.

    Subdiv. (c)(1)(C): Act No. 139 inserted "two of which shall be membership service".

    Subsec. (f): Rewritten by Act No. 74

    Subsec. (g): Act No. 74 added the subdiv. (1) designation and inserted "who has attained the age of 57 or completed at least 25 years of creditable service as of June 30, 2010" preceding "shall" at the beginning of the subdiv. and added subdiv. (2).

    Subsec. (i): Act No. 74 inserted "has attained the age of 57 and completed at least 25 years of creditable service as of June 30, 2010 and" following "who" in the second sentence and added the present third sentence.

    Amendments--2007. Subsec. (a): Inserted "not later than 90 days, or longer for good cause shown, after the date upon which the retirement allowance is to begin" following "board" in the first and third sentences; deleted "filing of the application or the" preceding "member's" and "whichever date is later" following "service" in the first and second sentences.

    Subsec. (i): Deleted "annuity savings" preceding "fund" in the second and third sentences.

    Amendments--2005 (Adj. Sess.). Subdiv. (b)(4): In the third sentence, substituted "subsection 1934(c)" for "section 1934(c)" and "subdivisions 1944(b)(5) and (6)" for "section 1944(b)(5) and (6)" and added the last two sentences.

    Amendments--2003 (Adj. Sess.). Subsec. (a): Substituted "60, and following completion of five years of creditable service for those members hired on or after July 1, 2004" for "sixty"; "30" for "thirty" preceding "years" in two places; and "62, and following completion of five years of creditable service for those members who are hired on or after July 1, 2004," for "sixty-two".

    Amendments--1999 (Adj. Sess.). Subdiv. (b)(4): Substituted "50 percent" for "fifty percent" and "30 years" for "thirty years" in the first and second sentences, and "five years" for "ten years" in the second sentence.

    Subsec. (f): Substituted "five years" for "ten years".

    Subsec. (i): Added.

    Amendments--1997 (Adj. Sess.). Subdiv. (b)(4): Added the second sentence.

    Amendments--1993. Subsec. (a): Deleted the subdiv. (1) designation at the beginning of the subsec. and deleted subdiv. (2).

    Amendments--1989 (Adj. Sess.). Section amended generally.

    Amendments--1989. Subdiv. (b)(1): Inserted "or her" preceding "accumulated".

    Subdiv. (b)(2): Inserted "or her" following "of his" in two places.

    Subdiv. (b)(3): Inserted "or her" following "his" in three places and inserted "or she" following "less than he".

    Subdiv. (b)(4): Added "beginning July 1, 1989" preceding "the service retirement", substituted "$4,550.00" for "$2,600.00" following "larger of" and inserted "or her" preceding "average" in the first sentence.

    Amendments--1981. Inserted "group A" preceding "member" in the first sentence and added the second sentence in subdiv. (a)(1), substituted "a Group A" for "the" preceding "member" in the introductory paragraph and "$ 2,600.00" for "$ 1,800" in subdiv. (3) of subsec. (b), added a new subsec. (c), redesignated former subsecs. (c) and (d) as subsecs. (d) and (e), deleted former subsec. (e), added new subsecs. (f) and (g), and redesignated former subsec. (f) as subsec. (h).

    Amendments--1977. Subsec. (f): Added.

    Amendments--1973 (Adj. Sess.). Subdiv. (a)(1): Substituted "thirty" for "thirty-five" preceding "years of creditable service".

    Subsec. (b): Amended generally.

    Amendments--1973. Subsec. (c): Added.

    Subsec. (d): Added.

    Amendments--1971 (Adj. Sess.). Subdiv. (a)(1): Inserted "or have completed thirty-five years of creditable service" following "age sixty".

    Subsec. (c): Repealed.

    Subsec. (d): Repealed.

    Amendments--1969. Subsec. (e): Added.

    Amendments--1967. Subdiv. (b)(4): Substituted "$ 2,100.00" for "$ 1,500.00" following "larger of" and added "the amount of the increase in the pension payable under this subsection as amended as of July 1, 1967 shall be paid by the board from excess yield" following "creditable service" at the end of the first sentence.

    Amendments--1963. Subdiv. (b)(1): Added "except as sections 1937(b)(5) and 1944(b)(2) of this title increase the annuity" following "retirement".

    Subdiv. (b)(3): Deleted the second paragraph.

    Subdiv. (b)(4): Added.

    Amendments--1961. Subdiv. (b)(3): Added the second paragraph.

    Amendments--1959. Subdiv. (a)(1): Amended generally.

    Subsec. (c): Added "on the first day of the calendar month next following the filing of the application or his separation from service, whichever date is later" following "allowance".

    Retirement allowance for persons retiring prior to July 1, 1974. 1975, No. 112 , § 1, provided: "Any member who retired under the provisions of the state teacher's retirement system of Vermont prior to July 1, 1974 shall receive a retirement allowance of not less than $2,600.00 a year or 50 percent of his average final compensation, whichever is larger, for any member or beneficiary who has completed thirty-five years of creditable service, nor less than a proportionate amount thereof for any member or beneficiary who has completed less than 35 years of creditable service. For this purpose any annuity derived from the contributions of the member transferred from the existing system under section 1934(c) of Title 16 and from additional contributions made under section 1944(b)(5) and (6) of Title 16 shall not be included as part of the retirement allowance. This minimum allowance shall be the amount calculated to be payable under the provisions of option 1 of the system as provided by section 1941(a) of Title 16. If the member elected to receive his retirement allowance under the provisions of any other optional form of benefit, the allowance shall be reduced in accordance to the provisions of the elected option."

    ANNOTATIONS

    Analysis

    1. Powers of local districts and boards.

    Statutory Teachers' Retirement System sets out State retirement policy and local school districts and boards have no power, express or implied, to alter such policy, so that school board could not require retirement at 65 where under State policy teachers were permitted to retire at 60 and compelled to retire at 70. Cole v. Town of Hartford School District, 131 Vt. 464, 306 A.2d 101 (1973).

    2. Retirement age.

    Teacher, who was a member of a faculty transferred to the Vermont State Colleges and who transferred membership from State Teachers' Retirement System to new retirement plan established by Vermont State Colleges, retained, under terms of this section and collective bargaining agreement, right to mandatory retirement age of 70. In re Guttman, 139 Vt. 574, 431 A.2d 491 (1981).

    Statutory provision that teachers "may" retire at 60 is permissive, while provision they "shall" retire at 70 is mandatory. Cole v. Town of Hartford School District, 131 Vt. 464, 306 A.2d 101 (1973).

    3. Right to increased benefits.

    Increased benefits provided by 1955, No. 229 for beneficiaries of Retirement System were payable only to members then receiving benefits, or who would receive them in the future, and such benefits were not payable to those persons receiving benefits only by virtue of an option designation. 1954-56 Op. Atty. Gen. 338.

    § 1938. Disability retirement.

    1. Upon notice not later than 90 days subsequent to the date the member may have separated from service, any member who has had five or more years of creditable service and has served as a teacher in the State during the five years immediately preceding the date of such separation from service, may be retired by the Board of Trustees on a disability retirement allowance on the first day of the calendar month next following receipt of application, provided such application is filed not less than 30 nor more than one 180 days subsequent to the filing of such notice, or on the first day of the calendar month next following the member's separation from service provided such application is filed prior to such separation, and further provided that the Medical Board, after a medical examination of such member, shall certify that the member is mentally or physically incapacitated for ordinary service; and, if previously separated from service, that such incapacity has existed since the time of the member's separation from such service; and that such incapacity is likely to be permanent.
    2. Anything to the contrary notwithstanding, should the Board of Trustees of the State Teachers' Retirement System determine, within its sole discretion, that a member of said System had failed for good cause to file the notice or application required by subsection (a) of this section, within the time limits prescribed, said Board may permit the filing of such notice or application at any time prior to termination of membership and may thereupon act upon such notice or application as if it had been filed within the time limits prescribed by the subsection.
    3. Upon disability retirement a member shall receive a service retirement equal to the normal retirement benefit accrued to the effective date of the disability retirement, provided, however, that such allowance shall not be less than 25 percent of his or her average final compensation at the time of his or her disability.
    4. Once each year during the first five years following the retirement of a member on a disability retirement allowance, and once in every three-year period thereafter, the Board of Trustees may, and upon his or her application shall, require any disability beneficiary who has not reached his or her normal retirement date to undergo a medical examination by a Medical Board or by a physician or physicians designated by the Medical Board, such examination to be made at the place of residence of such beneficiary or other place mutually agreed upon. Should any disability beneficiary who has not reached his or her normal retirement date refuse to submit to such medical examination, his or her allowance may be discontinued until his or her withdrawal of such refusal, and should his or her refusal continue for one year, all his or her rights in and to his or her pension may be revoked by the Board of Trustees.
    5. Should the Medical Board report and certify to the Board of Trustees that any disability beneficiary has a residual functional capacity that might enable the beneficiary to return to work, and should the Board of Trustees reasonably conclude that the beneficiary is engaged in or is, as a result of specific findings made by a certified vocational counselor, able to engage in a gainful occupation paying more than the difference between the beneficiary's retirement allowance and his or her average final compensation at retirement, the beneficiary's pension may be reduced to an amount that, together with his or her annuity and the amount earnable by him or her, shall equal the beneficiary's average final compensation at retirement, adjusted for inflation each year following retirement, provided that:
      1. The Board of Trustees shall provide written notice and an opportunity to be heard to the beneficiary prior to any reduction of the beneficiary's pension under this subsection.
      2. If the beneficiary has engaged in a gainful occupation subsequent to receiving disability retirement, the Board of Trustees in its discretion may reject in whole or in part a vocational assessment of the beneficiary's ability to engage in a more gainful occupation and may rely in whole or in part on evidence of the beneficiary's actual earnings in determining the amount earnable by the beneficiary. In addition, if the Board of Trustees' determination is based in whole or in part on a vocational assessment of the ability to engage in a gainful occupation, the beneficiary shall be given a reasonable opportunity, not to exceed two years, to seek gainful occupation prior to any change in his or her retirement allowance. Not later than 60 days before the change in retirement allowance is to occur, at the conclusion of the period of a reasonable opportunity to seek gainful occupation, the beneficiary may petition the Board of Trustees for an extension of that period. An extension will be granted only where the beneficiary can demonstrate reasonable diligence in seeking gainful employment and that a substantial hardship will result from a change in the retirement allowance. The Board of Trustees shall render a decision at least five days before the change in retirement allowance is set to occur. In the event that the beneficiary is subsequently restored to service as a teacher as set forth in subsection 1939(a) of this chapter, the beneficiary's retirement allowance shall cease, effective on the date when reemployment commences.
    6. Every recipient of disability benefits who has not reached his or her normal retirement date shall, annually on a date determined by the Board of Trustees, file with the State Treasurer a statement certifying, under penalty of perjury and in such form as the Board of Trustees shall prescribe, the full amount of his or her earnings from earned income during the preceding calendar year. The State Treasurer may request, and the beneficiary shall provide within 60 days after such request, additional financial information and records pertinent to the beneficiary's earned income. The beneficiary's statement and accompanying forms and schedules and any other financial information and records provided by the beneficiary to the State Treasurer shall be confidential. In the event that a beneficiary fails to submit the certification or any required or requested financial information or records pertinent to the beneficiary's earned income, the beneficiary's retirement allowance shall be suspended until all such information and records have been submitted, and in the event that the failure continues for one year, the suspension shall include all the beneficiary's rights in and to his or her pension. Notwithstanding any provision of this section to the contrary, if the beneficiary's earned income for the preceding year exceeded the difference between the beneficiary's retirement allowance and his or her average final compensation at retirement, adjusted for inflation each year following retirement, the beneficiary shall refund the portion of the preceding year's retirement allowance that is equal to the amount of the reduction specified in subsection (e) of this section, and the refund amount may be offset against the beneficiary's monthly pension benefits. Prior to suspension or revocation of the beneficiary's retirement allowance, reemployment rights, or inception of any offset under this subsection, the Board of Trustees shall provide the beneficiary with written notice and an opportunity to be heard.
    7. If a disability beneficiary engages in gainful occupation paying more than the difference between his or her retirement allowance and his or her average final compensation at retirement, the Board of Trustees may, under uniform standards of economic need, reduce and from time to time adjust his or her pension to an amount that, together with his or her annuity and the amount earnable by him or her, equals his or her average final compensation at retirement. For the purposes of this subsection, "retirement allowance" means the allowance payable without optional modification as provided in section 1941 of this title, and does not include any part of the annuity not provided by the regular contributions of the member at the rate provided under subdivision 1944(b)(2) of this title.

      Amended 1959, No. 72 , § 3, eff. April 1, 1959; 1961, No. 85 , § 2; 1963, No. 110 , § 1, eff. May 28, 1963; 1963, No. 182 , § 2; 1967, No. 172 , § 2; 1973, No. 141 (Adj. Sess.), § 3; 1981, No. 41 , § 26; 1993, No. 33 , § 3; 1999, No. 158 (Adj. Sess.), § 9; 2017, No. 165 (Adj. Sess.), § 12.

    History

    Source. 1955, No. 229 , § 4. 1955, No. 115 , § 2. 1953, No. 150 , § 2. 1951, No. 88 , §§ 3, 4. 1949, No. 96 , §§ 3, 4. V.S., 1947, § 4280. 1947, No. 68 , § 6.

    Amendments--2017 (Adj. Sess.). Section amended generally.

    Amendments--1999 (Adj. Sess.). Subsec. (a): Substituted "90 days" for "ninety days", "five or more years" for "ten or more years", "30 nor more than 180 days" for "thirty days nor more than one hundred and eighty days", and "the member's" for "his" preceding "separation from service".

    Amendments--1993 Deleted "if he has attained normal retirement age, otherwise he shall receive a retirement allowance which shall be" preceding "equal" and inserted "or her" following "his" in two places.

    Amendments--1981. Subsec. (c): Amended generally.

    Amendments--1973 (Adj. Sess.) Subsec. (a): Substituted "ten" for "fifteen" preceding "or more years".

    Subsec. (c): Inserted "or has completed thirty years of creditable service" following "age sixty" in the introductory clause.

    Subdiv. (c)(1): Substituted "1938(c)(4)" for "1938(c)(5)".

    Subdiv. (c)(2): Substituted "one-one hundred and twentieth" for "nine-tenths of one-one hundred and fortieth" and "thirty" for "thirty-five".

    Subdiv. (c)(3): Substituted "one-sixtieth" for "nine-tenths of one-seventieth" and "thirty" for "thirty-five".

    Subdiv. (c)(4): Amended generally.

    Amendments--1967 Subdiv. (c)(4): Substituted "$ 2,100.00" for "$ 1,500.00" and added "the amount of increase in the pension payable under this subsection as amended as of July 1, 1967 shall be paid by the board from excess yield" following "creditable service" at the end of the first sentence.

    Amendments--1963 Subdiv. (c)(1): Added "except as sections 1938(c)(5) and 1944(b)(2) of this title increase the annuity" following "retirement".

    Subdiv. (c)(3): Deleted the second paragraph.

    Subdiv. (c)(4): Added.

    Subsec. (e): Amended generally.

    Amendments--1961. Subdiv. (c)(3): Added the second paragraph.

    Amendments--1959. Subsec. (a): Amended generally.

    ANNOTATIONS

    1. Nature of disability.

    The disability contemplated by the provisions of this section is the disability of the teacher in question to teach within this State, not disability to teach in any school system. 1946-48 Op. Atty. Gen. 378.

    § 1938a. Benefit denial; evidentiary hearing.

    1. An applicant for disability retirement benefits under section 1938 of this title may file a request for an evidentiary hearing with the Board of Trustees if the application for benefits is denied.
    2. The hearing shall be conducted by a hearing officer designated by the Board and in conformance with rules adopted by the Board. Rules adopted by the Board shall be consistent with 3 V.S.A. § 809 .
    3. The decision of the hearing officer shall constitute final administrative action.

      Added 2003, No. 38 , § 6.

    ANNOTATIONS

    1. Construction.

    Municipal Employees Retirement System, the State Employees Retirement System, and the Teachers Retirement System each provides for an award of disability-retirement benefits, and each, in turn, uniformly provides that an employee denied such a benefit is entitled to a contested hearing conducted by a hearing officer, whose decision "shall constitute final administrative action." This language is significant, revealing as it does a clear intent that the agency decision shall be considered "final" solely for purposes of administrative exhaustion and ripeness for subsequent judicial review, not as a bar to such review. Preston v. Burlington City Ret. Sys., 194 Vt. 147, 76 A.3d 615 (2013).

    § 1939. Restoration to service.

    1. In any fiscal year in which a beneficiary resumes service, as that term is defined in section 1931 of this title, he or she shall again become a member of the System, shall contribute at the rate established for members of his or her group and shall not be entitled to receive a retirement allowance, if he or she is:
      1. compensated in excess of the allowable number of days per school year as established by the Board for substitute teaching; or
      2. receives compensation in excess of 60 percent of the average compensation in the teacher System.
    2. If a person once again becomes a member under subsection (a) of this section, membership shall be retroactive to the beginning of the fiscal year in which the person resumed service and the member shall not be entitled to any retirement allowance received during that fiscal year. If the person received a retirement allowance during the fiscal year in which he or she resumed service, upon subsequent retirement the Board shall suspend his or her retirement allowance for a period necessary to reimburse the System for the total retirement allowance received during the period in which the beneficiary resumed service and became a member.
    3. Upon subsequent retirement of a person who once again becomes a member under subsection (a) of this section, the beneficiary's former retirement allowance shall be restored, but the beneficiary shall not be entitled to cost of living adjustments for the period during which he or she was restored to service. In addition to the former retirement allowance, a beneficiary shall be entitled to a retirement allowance separately computed for the period beginning with his or her last restoration to service for which the member has made a contribution.

      Amended 1963, No. 110 , § 2, eff. May 28, 1963; 1973, No. 141 (Adj. Sess.), § 4; 1981, No. 41 § 27; 1995, No. 36 , § 5; 1999, No. 158 (Adj. Sess.), § 10.

    History

    Source. V.S. 1947, § 4281. 1947, No. 68 , § 7.

    Amendments--1999 (Adj. Sess.). Subdiv. (a)(2): Substituted "60 percent" for "50 percent".

    Amendments--1995 Section amended generally.

    Amendments--1981 Added the fourth sentence.

    Amendments--1973 (Adj. Sess.) Added the second sentence.

    Amendments--1963 Section amended generally.

    § 1940. Termination of service; death; refund; pension.

      1. Upon the withdrawal of a member from service prior to retirement, the amount of the member's accumulated contributions, less not more than one-third of the regular interest credited thereon as determined by the Board, will be returnable to the member. In lieu of the return of contributions: (a) (1)  Upon the withdrawal of a member from service prior to retirement, the amount of the member's accumulated contributions, less not more than one-third of the regular interest credited thereon as determined by the Board, will be returnable to the member. In lieu of the return of contributions:
        1. a member who has attained the age of 57 and completed at least five years of creditable service or completed 25 years of creditable service as of June 30, 2010, may allow his or her contributions to remain in the System and receive a retirement allowance, commencing as early as age 55;
        2. a member who has not attained the age of 57 or completed 25 years of creditable service as of June 30, 2010 but who has five or more years of creditable service may allow his or her contributions to remain in the System and receive a retirement allowance commencing as early as age 55 or when the combination of the member's age and years of creditable service totals 90, whichever comes first.
      2. In either instance set forth in subdivisions (1)(A) and (B) of this subsection, the retirement allowance shall consist of the annuity provided by his or her accumulated contributions with interest to the date on which the allowance commences, and a pension equal to a service retirement pension computed on the basis of the member's compensation and creditable service to his or her date of withdrawal from service.
      1. Upon the death of a Group A or Group C member before retirement the member's accumulated contributions will be payable to such primary beneficiary, primary and secondary beneficiaries, or joint beneficiaries, if any, as the member has nominated by written designation duly acknowledged and filed with the Board. In the absence of a written designation of beneficiary or in the event the designated beneficiary is deceased, the return of accumulated contributions with interest payable as a result of the death of the member prior to retirement shall be payable as follows: (b) (1)  Upon the death of a Group A or Group C member before retirement the member's accumulated contributions will be payable to such primary beneficiary, primary and secondary beneficiaries, or joint beneficiaries, if any, as the member has nominated by written designation duly acknowledged and filed with the Board. In the absence of a written designation of beneficiary or in the event the designated beneficiary is deceased, the return of accumulated contributions with interest payable as a result of the death of the member prior to retirement shall be payable as follows:
        1. In the case of an open estate, to the administrator or executor.
        2. In the case of a closed estate and the deceased member's account is valued at less than $1,000.00, in accordance with the Probate Division of the Superior Court decree of distribution.
        3. In the absence of an open estate or Probate Division of the Superior Court decree of distribution, and where the deceased member's account is valued at less than $1,000.00 to the surviving spouse of the deceased owner, or, if there is no surviving spouse, then to the next of kin according to 14 V.S.A. § 314 .
        4. In all other cases a probate estate shall be opened by the claimant, or other interested party, in order to determine the appropriate distribution of the proceeds of the deceased member's account. When an estate is opened solely to distribute the proceeds of a deceased member's account under this section, the Probate Division of the Superior Court may waive any filing fees.
      2. In addition, if any member was in service at the date of the member's death or on leave of absence granted subject to Board rules and had completed one or more years of creditable service, or if the member's death was the result of an accident while in service or on leave of absence under Board rules, a pension equal to ten percent of the member's average final compensation, but not less than $50.00 per month, will be payable on account of each of the member's dependent children under 18 years of age, or, if a dependent student, under 23 years of age, not exceeding a total of three. However, if a surviving child of any age was mentally or physically incapacitated for substantial gainful employment before attaining 18 years of age, the pension will be payable for the duration of the child's incapacity.
      3. The survivors of a member who dies after December 31, 2006, while performing qualified military service shall be entitled to any additional benefits, other than benefit accruals related to the period of qualified military service, that would have been provided under the Plan had the member resumed employment and then terminated employment on account of death.

        Amended 1959, No. 226 , § 1; 1963, No. 110 , § 3, eff. May 28, 1963; 1966, No. 45 (Sp. Sess.), eff. July 1, 1965; 1967, No. 316 (Adj. Sess.), § 1, eff. March 22, 1968; 1973, No. 141 (Adj. Sess.), § 5; 1981, No. 41 , §§ 28, 39(2); 1989, No. 169 (Adj. Sess.), § 5; 1999, No. 158 (Adj. Sess.), § 11; 2007, No. 13 , § 28; 2009, No. 74 (Adj. Sess.), § 4; 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011; 2013, No. 22 , § 12; 2015, No. 18 , § 6; 2015, No. 23 , § 37; 2017, No. 165 (Adj. Sess.), § 13; 2019, No. 131 (Adj. Sess.), § 83.

    History

    Source. 1957, No. 245 , § 1. 1955, No. 229 , § 5. V.S. 1947, § 4282. 1947, No. 68 , § 8.

    Amendments--2019 (Adj. Sess.). Subdiv. (b)(2): In the first sentence, substituted "rules" for "regulations relating thereto", deleted "the age of" preceding "18", inserted "years of age" following "18", deleted "the age of" preceding "23", inserted "years of age" following "23", and substituted "18 years of age" for "age" in the second sentence.

    Amendments--2017 (Adj. Sess.). Subdiv. (a)(1)(B): Inserted "but who has five or more years of creditable service," following "June 30, 2010".

    Amendments--2015. Subdiv. (b)(1)(C): Act No. 23 substituted "14 V.S.A. § 314" for "14 V.S.A. § 551".

    Subdiv. (b)(3): Added by Act No. 18.

    Amendments--2013. Subdivs. (a)(1)(A), (a)(1)(B): Substituted "as early as age 55" for "at age 62" following "commencing".

    Amendments--2009 (Adj. Sess.) Subsec. (a): Amended generally by Act No. 74.

    Subdivs. (b)(1)(B)-(D): Act No. 154 substituted "probate division of the superior court" for "probate court" wherever it appeared.

    Amendments--2007. Subsec. (a): Substituted "62" for "60" following "age".

    Subsec. (b): Amended generally.

    Amendments--1999 (Adj. Sess.). Subsec. (a): Substituted "the member's accumulated" for "his accumulated" and "the member" for "him" following "returnable to" in the first sentence, and "five or more years" for "ten or more years", inserted "or her" following "his" in two places, substituted "age 60" for "age sixty", "the member's compensation" for "his compensation", and inserted "or her" following "his" in the second sentence.

    Amendments--1989 (Adj. Sess.) Subsec. (b): Inserted "or group C" following "group A" and substituted "the member's" for "his" in two places and "the member" for "he" preceding "has nominated" in the first sentence, substituted "any" for "a group A or group B" following "addition, if", "rules" for "regulations" preceding "a pension" and "the member's" for "his" in four places in the second sentence, substituted "the child's" for "his" following "duration of" in the third sentence, and deleted the fourth sentence.

    Amendments--1981 Subsec. (b): Inserted "group A" preceding "member" in the first sentence, substituted "a group A or group B" for "such" preceding "member" in the second sentence, and added the fourth sentence.

    Subsec. (c): Repealed.

    Amendments--1973 (Adj. Sess.) Subsec. (a): Substituted "fifteen" for "ten" preceding "or more years" and deleted "the cost of the pension payable under this subsection shall be paid from excess yield" following "withdrawal from service" in the second sentence.

    Subsec. (b): Substituted "primary beneficiary, primary and secondary beneficiaries, or joint beneficiaries" for "person" following "such" in the first sentence and inserted "ten percent of his average final compensation, but not less than" preceding "$50.00" and "or, if a dependent student, under the age of twenty-three" following "eighteen" and made a minor change in punctuation in the second sentence.

    Amendments--1967 (Adj. Sess.) Subsec. (a): Added the second sentence.

    Amendments--1966 Subsec. (b): Inserted "or if his death was the result of an accident while in service or on leave of absence under board regulations" preceding "a pension equal" in the second sentence and added the third sentence.

    Amendments--1963 Subsec. (b): Substituted "before retirement" for "prior to his attainment of age sixty" following "death of a member" in the first sentence and inserted "or on leave of absence granted subject to board regulations relating thereto" following "date of his death" in the second sentence.

    Amendments--1959 Subsec. (c): Added.

    Credits for service prior to March 22, 1968. 1967, No. 316 (Adj. Sess.), § 2, provided: "Any member who shall have received a refund of his accumulated contributions prior to the effective date of this act [March 22, 1968] after completion of twenty or more years of creditable service and who shall have returned to service for a minimum of one year shall be credited with all service which shall have been creditable immediately prior to his withdrawal of his accumulated contributions, provided that he repay to the system the amount of his accumulated contributions previously withdrawn together with regular interest thereon to the date of repayment."

    ANNOTATIONS

    Analysis

    1. Construction.

    Act 1959, No. 226 , which added subsec. (c), providing for death benefits in addition to retirement benefits, did not authorize Retirement Board to secure group life insurance in violation of former section 3821(6) of Title 8, which governed group life insurance for public employees. 1958-60 Op. Atty. Gen. 187.

    2. Payment of benefits.

    Benefits on account of deceased member whose designated beneficiary predeceases member should be paid to duly qualified executor or administrator of deceased member's estate. 1950-52 Op. Atty. Gen. 313.

    § 1941. Optional benefits.

      1. On or before the 15th day of the calendar month in which the first payment on account of a retirement allowance becomes normally due, but not later than the date on which the payment becomes normally due, each member shall elect to receive the member's retirement allowance in accordance with one of the following forms of payment: (a) (1)  On or before the 15th day of the calendar month in which the first payment on account of a retirement allowance becomes normally due, but not later than the date on which the payment becomes normally due, each member shall elect to receive the member's retirement allowance in accordance with one of the following forms of payment:
        1. Option 1.  A retirement allowance payable during the member's life computed pursuant to section 1937 or 1938 of this title, whichever is applicable.
        2. Option 2.  A reduced retirement allowance payable during the member's life, with the provision that at the member's death a lump sum equal in amount to the difference between his or her accumulated contributions at the time of his or her retirement and the sum of the annuity payments actually made to him or her during his or her lifetime shall be paid to the person, if any, as he or she has nominated by written designation duly acknowledged and filed with the Board; or in the absence of a written designation of beneficiary, or in the event the designated beneficiary is deceased, the residual amount payable as a result of the death of the member after retirement shall be payable as follows:
          1. In the case of an open estate, to the administrator or executor.
          2. In the case of a closed estate and the deceased member's account is valued at less than $1,000.00, in accordance with the Probate Division of the Superior Court decree of distribution.
          3. In the absence of an open estate or Probate Division of the Superior Court decree of distribution, and when the deceased member's account is valued at less than $1,000.00 to the surviving spouse of the deceased owner, or, if there is no surviving spouse, then to the next of kin according to 14 V.S.A. § 314 .
          4. In all other cases, a probate estate shall be opened by the claimant, or other interested party, in order to determine the appropriate distribution of the proceeds of the deceased member's account. When an estate is opened solely to distribute the proceeds of a deceased member's account under this section, the Probate Division of the Superior Court may waive any filing fees.
        3. Option 3.  A reduced retirement allowance payable during the member's life, with the provision that it shall continue after his or her death at one-half the rate paid to him or her and be paid for the life of the beneficiary nominated by him or her by written designation duly acknowledged and filed with the Board at the time of retirement, should the beneficiary survive him or her.
        4. Option 4.  A reduced retirement allowance payable during the member's life, with the provision that it shall continue after his or her death at three-fourths of the rate paid to him or her and be paid for the life of the beneficiary nominated by him or her by written designation duly acknowledged and filed with the Board at the time of retirement, should the beneficiary survive him or her.
        5. Option 5.  A reduced retirement allowance payable during the member's life, with the provision that it shall continue after his or her death for the life of the beneficiary nominated by him or her by written designation duly acknowledged and filed with the Board at the time of retirement, should the beneficiary survive him or her.
      2. The benefits payable under options 2, 3, 4, and 5 shall be determined as actuarial equivalents of the retirement allowance under option 1. Any member who elects to receive a retirement allowance under the provisions of options 3, 4, or 5 may elect to receive a benefit further reduced actuarially as prescribed by the Board with the added provision that on the basis of stipulations contained in a plan-approved domestic relations order or if the retired member survives his or her nominated beneficiary, the retirement allowance that would have been payable under option 1 shall be paid to the retired member during the remainder of his or her lifetime. If a member does not make an election as to the form of his or her retirement allowance, the member shall receive his or her retirement allowance under the provisions of option 1.
      1. A retirement allowance shall be payable to the eligible surviving beneficiary, if any, following the death of a: (b) (1)  A retirement allowance shall be payable to the eligible surviving beneficiary, if any, following the death of a:
        1. Group A member who had attained age 60 or had completed 30 years of creditable service; or had not attained age 60 and had completed 10 years (but less than 30 years) of creditable service and was in service at the time of the member's death.
        2. Group C member who had attained age 55 and completed five years of creditable service; or had not attained age 55 and completed 10 years of creditable service and was in service at the time of the member's death.
      2. In order to be eligible to receive the retirement allowance, the surviving beneficiary must be nominated by the member by written designation duly acknowledged and filed with the Board, and if the beneficiary is other than the spouse of the member, the beneficiary must be dependent upon the member at the time of the member's death, provided that no person entitled to a pension under subsection 1940(b) of this title may be eligible for a retirement allowance under this section. The Board shall from time to time adopt uniform rules for determining whether a designated beneficiary was dependent upon a member; if, in the judgment of the Board, a surviving beneficiary in receipt of a retirement allowance would have ceased to be dependent upon the member had the member survived, the Board may discontinue the retirement allowance payable to such surviving beneficiary. The retirement allowance payable to the surviving beneficiary shall be equal to the benefit that would have been payable had the member elected option 5 and retired on the member's date of death, computed in the case of a member who has not attained normal retirement age on the basis of a disability retirement allowance or an early retirement allowance, as provided in subsection 1937(c) of this title; without regard to whether the member has completed the eligibility requirements for early retirement, whichever provides the greater benefit to the surviving beneficiary. Such retirement allowance to the surviving beneficiary shall be in lieu of the payment of the member's accumulated contributions provided under subsection 1940(b) of this title; provided, however, that the surviving beneficiary may elect to receive payment of the member's accumulated contributions in lieu of such retirement allowance or may elect to convert the retirement allowance otherwise payable to the member into an actuarial equivalent under the provisions of option 2 of this section. Failing an eligible surviving beneficiary, the member's accumulated contributions shall be payable in accordance with the provisions of subsection 1940(b) of this title.
    1. [Repealed.]

      Amended 1959, No. 182 , § 1; 1967, No. 269 (Adj. Sess.), § 1, eff. July 1, 1967; 1973, No. 141 (Adj. Sess.), § 6; 1975, No. 175 (Adj. Sess.), § 1; 1981, No. 41 , § 29; 1989, No. 169 (Adj. Sess.), § 6; 1999, No. 53 , § 6; 2001, No. 29 , § 5; 2007, No. 13 , § 29; 2007, No. 13 7 (Adj. Sess.), § 5; 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011; 2015, No. 23 , § 38; 2017, No. 165 (Adj. Sess.), § 14.

    History

    Source. 1957, No. 245 , § 2. 1955, No. 229 , § 6. V.S. 1947, § 4283. 1947, No. 68 , § 9.

    Amendments--2017 (Adj. Sess.). Subdiv. (b)(1)(B): Inserted "and was in service at the time of the member's death" following "service".

    Subdiv. (b)(2): In the third sentence, inserted "normal retirement" preceding "age" and deleted "60" following "age".

    Subsec. (c): Repealed.

    Amendments--2015. Subdiv. (a)(1)(B)(iii): Substituted "14 V.S.A. § 314" for "14 V.S.A. § 551".

    Amendments--2009 (Adj. Sess.) Subdiv. (a)(1)(B): Substituted "probate division of the superior court" for "probate court" in subdivs. (ii)-(iv).

    Amendments--2007 (Adj. Sess.). Subsec. (b): Designated the existing provisions of the subsec. as subdiv. (1); redesignated former subdivs. (1) and (2) as present subdivs. (A) and (B), in subdivs. (A) and (B), substituted "10 years" for "20 years"; and designated the last paragraph in subsec. (b) as subdiv. (2).

    Amendments--2007. Subsec. (a): Added the subdiv. designations and amended the subsec. generally.

    Amendments--2001. Substituted "five" for "10" in subdiv. (b)(2).

    Amendments--1999 Subsec. (a): Substituted "the member's" for "his" and inserted "or her" following "his" as applicable throughout the subsec., and substituted "on the basis of stipulations contained in a plan-approved domestic relations order or if" for "should" and "survives" for "survive" in the next to last sentence.

    Amendments--1989 (Adj. Sess.) Subsec. (b): Substituted "the member's" for "his" preceding "death" in subdiv. (1), "group C" for "group B" preceding "member" in subdiv. (2), "the member's" for "his" preceding "death" in the first sentence and following "retired on" in the third sentence of the undesignated paragraph and "the member" for "him" preceding "into an actuarial" in the fourth sentence of that paragraph.

    Amendments--1981 Subsec. (b): Rewrote former subdivs. (1) and (2) as present subdiv. (1) and added present subdiv. (2).

    Amendments--1975 (Adj. Sess.) Subsec. (a): Added the third sentence in the undesignated paragraph following the paragraph describing option 5.

    Amendments--1973 (Adj. Sess.) Subsec. (b): Deleted "which shall be paid by the board from excess yield" following "allowance" in the introductory clause, substituted "thirty" for "thirty-five" years in subdiv. (1) and "twenty" for "twenty-five" and "thirty" for "thirty-five" in subdiv. (2) and "an early retirement allowance, as provided in subsection (c) of section 1937 of this title" for "a special service retirement allowance" in the third sentence of the undesignated paragraph.

    Subsec. (c): Deleted "the amount of increased benefit shall be paid by the board from excess yield" following "retired member".

    Amendments--1967 (Adj. Sess.) Section amended generally.

    Amendments--1959 Rewrote the first paragraph.

    § 1942. Board of Trustees; Medical Board; actuary; rate of contribution; safekeeping of securities.

    1. The general administration and the responsibility for the proper operation of the System and for making effective the provisions of this chapter are hereby vested in the Board of Trustees of the System, which shall be organized immediately after three of the trustees provided for in this section have qualified.
    2. The Board shall consist of six trustees, as follows:
      1. the Secretary of Education, ex-officio;
      2. the State Treasurer, ex-officio;
      3. the Commissioner of Financial Regulation, ex-officio;
      4. two trustees and one alternate, who shall be members of the System and who shall be elected by the members of the System for a term of four years according to such rules as the Board shall adopt to govern the election; and
      5. one trustee and one alternate, who shall be elected by the Board of Directors, Association of Retired Teachers of Vermont, who shall be a retired member of the System receiving retirement benefits, for a term of four years.
    3. If a vacancy occurs in the office of a trustee, except for the trustee elected by the Board of Directors, Association of Retired Teachers of Vermont, the vacancy shall be filled by the Board, which shall appoint a member of the System to serve until the next regular election is held.  A vacancy in the office of the trustee appointed by the Board of Directors, Association of Retired Teachers of Vermont, shall be filled by that Board, which shall appoint a retired member of the System receiving retirement benefits to serve until the next regular election is held.
    4. The trustees as such shall serve without compensation, but they shall be reimbursed from the funds of the System for all necessary expenses that they may incur through service on the Board.
    5. Each trustee shall be entitled to one vote on the Board. Four concurring votes shall be necessary for a decision by the trustees at any meeting of the Board, and four trustees shall constitute a quorum of the Board. Any ex officio trustee may designate in writing a person within the trustee's department, agency, or office to attend a meeting or meetings of the Board of Trustees in the trustee's place. The designation shall be filed with the Secretary of the Board. A person so designated and an alternate attending on behalf of an elected or appointed trustee under this section shall have the same voting rights and responsibilities as the absent trustee at such meeting or meetings, except that the designee or alternate shall not automatically assume the trustee's place as an officer of the Board.
    6. Subject to the limitations of this chapter, the Board shall, from time to time, establish rules for the administration of the System and for the transaction of its business.
    7. The Board shall elect from its membership a chair and a vice chair, and shall appoint a secretary who shall be the executive officer of the Board and who may or may not be a member of the Board.  The Board may employ such actuarial, medical, and other services as shall be required.
    8. The Board shall keep in convenient form such data as shall be necessary for actuarial valuation of the System and for checking the experience of the System.
    9. The Board shall keep a record of all of its proceedings, which shall be open to public inspection.  It shall publish annually a report showing the fiscal transactions of the System for the preceding year, the amount of the accumulated cash and securities of the System, and the last balance sheet indicating the financial condition of the System as shown by an actuarial valuation of the assets and liabilities of the System.
    10. The Attorney General of the State shall be the legal advisor to the Board.
    11. The Board shall designate a Medical Board of three physicians who are not eligible to participate in the System.  The Medical Board shall arrange for and pass upon all medical examinations required under the provisions of this chapter, shall investigate all essential statements and certificates by or on behalf of a member in connection with application for disability retirement, and shall report in writing to the Board its conclusions and recommendations upon all the matters referred to it.  If required, other physicians may be employed to report on special cases.
    12. The Board shall designate an actuary who shall be the technical adviser of the Board on matters regarding the operation of the System and who shall perform such other duties as are required in connection therewith.
    13. Immediately after the establishment of the System, the actuary shall make such investigation of the mortality, service, and compensation experience of the members of the System, as the actuary shall recommend and the Board shall authorize, for the purpose of determining the proper mortality and service tables to be prepared and submitted to the Board for adoption. Having regard to such investigation and recommendation, the Board shall adopt for the System such mortality and service tables as shall be deemed necessary, and shall certify the rates of contribution payable under the provisions of this chapter.  At least once in each five-year period following the establishment of the system, the actuary shall make an actuarial investigation into the mortality, service, and compensation experience of the members and beneficiaries of the System, and taking into account the results of such investigation, the Board shall adopt for the System such mortality, service, and other tables as shall be deemed necessary and shall certify the rates of contribution payable under the provisions of this chapter.
    14. On the basis of such mortality and service tables as the Board shall adopt, the actuary shall make annual valuations of the assets and liabilities of the funds of the System.
    15. The Vermont Pension Investment Committee shall designate from time to time a depository for the securities and evidences of indebtedness held in the Pension Fund and may contract for the safekeeping of securities and evidences of indebtedness within and outside the State of Vermont in such banks, trust companies, and safe-deposit facilities as it shall from time to time determine, and the necessary and incidental expenses of such safekeeping and for service rendered, including advisory services in investment matters, shall be paid from the Pension Fund. Any agreement for the safekeeping of securities or evidences of indebtedness, except securities loaned pursuant to a securities lending agreement as authorized by subsection (q) of this section, shall provide for the access to such securities and evidences of indebtedness at any time by the custodian or any authorized agent of the State for audit or other purposes.
    16. The Board shall enter into insurance arrangements to provide health and medical benefits for retired members and their dependents. The State is legally responsible for the costs of the health and medical benefits provided in this chapter in the amounts specified in section 1944e of this chapter. The Board may enter into insurance arrangements to provide dental coverage for retired members and their dependents, provided the State or the System has no legal obligation to pay any portion of the dental benefit premiums.
    17. The Vermont Pension Investment Committee may authorize the loan of its securities pursuant to securities lending agreements that provide for collateral consisting of cash or securities issued or guaranteed by the United States government or its agencies equal to 100 percent or more of the market value of the loaned securities. Cash collateral may be invested by the lending institution in investments approved by the State Treasurer. Approval of investments shall be made in accordance with the standard of care.
    18. The Board shall review annually the amount of State contribution recommended by the actuary of the Retirement System as necessary to achieve and preserve the financial integrity of the fund established pursuant to section 1944 of this title. Based on this review, the Board shall determine the amount of State contribution necessary for the next fiscal year to achieve and preserve the financial integrity of the funds. On or before November 1 of each year, the Board shall inform the Governor and the House and Senate Committees on Government Operations and on Appropriations in writing about the amount needed. The provisions of 2 V.S.A. § 20(d) (expiration of required reports) shall not apply to the report to be made under this subsection.

      Amended 1971, No. 155 (Adj. Sess.), eff. March 9, 1972; 1975, No. 175 (Adj. Sess.), § 2; 1987, No. 92 , § 4, eff. June 23, 1987; 1989, No. 225 (Adj. Sess.), § 25(b); 1991, No. 151 (Adj. Sess.), §§ 3, 4; 1991, No. 265 (Adj. Sess.), § 2; 1995, No. 36 , § 6; 1995, No. 180 (Adj. Sess.), § 38(a); 1999, No. 158 (Adj. Sess.), § 24; 2005, No. 48 , § 2; 2005, No. 50 , § 6; 2007, No. 13 , § 30; 2007, No. 13 7 (Adj. Sess.), § 6; 2009, No. 74 (Adj. Sess.), § 5; 2011, No. 78 (Adj. Sess.), § 2, eff. April 2, 2012; 2013, No. 92 (Adj. Sess.), § 172, eff. Feb. 14, 2014; 2013, No. 142 (Adj. Sess.), § 28; 2017, No. 165 (Adj. Sess.), § 15; 2018, No. 11 (Sp. Sess.), § E.515.1; 2019, No. 131 (Adj. Sess.), § 84.

    History

    Source. 1955, No. 115 , § 3. 1949, No. 96 , § 5. V.S. 1947, § 4284. 1947, No. 68 , § 10.

    Editor's note. Although 1989, No. 118 , § 3, amended each section of this title containing the words "certificates" and "certify" by substituting therefor "licenses" and "license", the words "certificates" and "certify" were not changed to "licenses" and "license", respectively, in view of the context of the references.

    Revision note. Substituted "chapter 147 of Title 9" for "chapter 147 of Title 7" to correct a typographical error.

    In the second sentence of subsec. ( o ), substituted "subsection (q)" for "subsection (g)" to correct an error in the reference.

    Redesignated subsec. (q) as added by 1991, No. 265 (Adj. Sess.), § 2, as subsec. (r) to avoid conflict with subsec. (q) as previously added by 1991, No. 151 (Adj. Sess.), § 4.

    Amendments--2019 (Adj. Sess.). Subdiv. (b)(4): Deleted "and regulations" following "rules" and "substituted "the" for "such" preceding "election".

    Subsec. (f): Deleted "and regulations" following "rules".

    Amendments--2018 (Sp. Sess.). Subsec. (p): Act 11 added the second sentence.

    Amendments--2017 (Adj. Sess.). Subsec. ( o ): Amended generally by Act 165.

    Amendments--2013 (Adj. Sess.). Subdiv. (b)(1): Act No. 92 substituted "Secretary of Education" for "commissioner of education".

    Subdiv. (b)(5): Act No. 92 deleted "beginning July 1, 1972" at the end.

    Subsec. (e): Act No. 92 inserted ", agency," following "department".

    Subsec. (r): Act No. 142 added the last sentence.

    Amendments--2011 (Adj. Sess.). Subdiv. (b)(3): Substituted "commissioner of financial regulation" for "commissioner of banking, insurance, securities, and health care administration".

    Amendments--2009 (Adj. Sess.). Subsec. (p): Substituted "shall" for "may" preceding "enter" in the first sentence.

    Subsec. (r): Substituted "determine" for "recommend" following "shall", and "necessary" for "that should be appropriated" following "contribution" in the second sentence; substituted "inform" for "submit this recommendation to" following "shall"; and inserted "on" preceding "appropriations" and "in writing about the amount needed" following "appropriations" in the third sentence.

    Amendments--2007 (Adj. Sess.). Subdivs. (b)(4), (5): Inserted "and one alternate" near the beginning of each subdiv.

    Subsec. (e): In the last sentence, inserted "and an alternate attending on behalf of an elected or appointed trustee under this section" following "so designated", substituted "absent trustee" for "ex officio trustee", and inserted "or alternate" following "the designee".

    Amendments--2007. Subsec. ( o ): Substituted "fund" for "various funds" and deleted "expense" preceding "fund" and "hereinafter provided" following "fund" in the first sentence.

    Subsec. (p): Added the second sentence.

    Subsec. (q): Substituted "investments" for "funds" in the second and third sentences.

    Subsec. (r): Substituted "fund" for "funds" preceding "established" in the first sentence.

    Amendments--2005. Subsec. ( o ): Act No. 50 substituted "Vermont pension investment committee" for "board" and made a minor change in punctuation in the first sentence.

    Subsec. (q): Act No. 50 substituted "Vermont pension investment committee" for "retirement board" in the first sentence and "chapter 147 of Title 9" for "chapter 147 of Title 7" in the third sentence.

    Subsec. (r): Act No. 48 added "and the house and senate committees on government operations and appropriations" in the third sentence.

    Amendments--1999 (Adj. Sess.). Subsec. (q): Substituted "may be invested by the lending institution in funds approved by the state treasurer" for "shall be invested in accordance with the requirements for investments of state funds as provided by 32 V.S.A § 433" in the second sentence and added third sentence.

    Amendments--1995 (Adj. Sess.) Subdiv. (b)(3): Substituted "commissioner of banking, insurance, securities, and health care administration" for "commissioner of banking, insurance, securities".

    Amendments--1995 Subsec. (q): Added the second sentence.

    Amendments--1991 (Adj. Sess.) Subsec. ( o ): Act No. 151 inserted "except securities loaned pursuant to a securities lending agreement as authorized by subsection (g) of this section" preceding "shall provide" in the second sentence.

    Subsec. (q): Added by Act Nos. 151 and 265.

    Amendments--1989 (Adj. Sess.) Subdiv. (b)(3): Substituted "commissioner of banking, insurance, and securities" for "commissioner of banking and insurance".

    Amendments--1987 Subsec. (e): Added the third, fourth, and fifth sentences.

    Amendments--1975 (Adj. Sess.) Subsec. (p): Added.

    Amendments--1971 (Adj. Sess.) Subsec. (b): Substituted "six" for "five" preceding "trustees" in the introductory clause, rewrote subdiv. (4) and added subdiv. (5).

    Subsec. (c): Amended generally.

    Subsec. (e): Substituted "on" for "in" following "vote" in the first sentence and "four" for "three" in two places in the second sentence.

    Legislative findings and purpose. 1987, No. 92 , § 1, eff. June 23, 1987, provides: "The general assembly recognizes that ex officio officers are sometimes unable to attend meetings of boards and commissions on which they serve. If an ex officio officer is unable to attend such a meeting it is desirable that the officer designate a person to attend the meeting in his or her place so that the board or commission will not be hampered in its ability to perform its function. Nevertheless, when the general assembly provides that the head of a department or agency or a constitutional officer serves as an ex officio member of a state board or commission, it intends that the holder of such office attend all meetings of that board or commission unless unable to do so. The General Assembly does not intend by the provisions of this Act [which amended this section, section 471 of Title 3, section 382 of Title 10 and section 5062 of Title 24] to encourage ex officio officers to avoid performing their statutory duties."

    Cross References

    Cross references. Retirement funds integrity report generally, see 32 V.S.A. § 311.

    ANNOTATIONS

    Analysis

    1. Regulatory powers generally.

    Board of trustees was not authorized to grant retirement credit retroactively for service at quasi-public institutions performed prior to the approval of such institutions by the board. 1960-62 Op. Atty. Gen. 94.

    Regulation of trustees that substitute teacher over 70 years of age could be utilized for up to sixty days per school year was not unlawful. 1954-56 Op. Atty. Gen. 104.

    Board of trustees was not authorized to adopt regulation which in effect would permit former teacher to receive leave of absence from service for necessary period intervening until he attained retirement age of sixty years. 1946-48 Op. Atty. Gen. 374.

    2. Actuarial studies.

    Trustees are responsible for such actuarial studies as may be necessary to determine an evaluation of the system, the experience thereof (whether contributions to fund are sufficient to keep it sound), and the proper operation thereof. 1958-60 Op. Atty. Gen. 185.

    When Vermont Education Association presents board of trustees with draft of specific proposed legislation, with written assurance that it will seek introduction, trustees may underwrite cost of actuarial studies as may subsequently be required. 1958-60 Op. Atty. Gen. 185.

    3. Payment of benefits.

    While responsibility of trustees encompasses a broad area, it does not include any basic responsibility to change, or propose changes in, the amount and method of payment of benefits. 1958-60 Op. Atty. Gen. 185.

    Cited. Ahern v. Mackey, 181 Vt. 599, 925 A.2d 1011 (mem.) (April 18, 2007).

    § 1943. Investments; interest rate; disbursements.

    1. The members of the Vermont Pension Investment Committee established in 3 V.S.A. chapter 17 shall be the trustees of the Pension Fund created by this chapter, and with respect to them may invest and reinvest the assets of the Pension Fund, and hold, purchase, sell, assign, transfer, and dispose of the securities and investments in which the assets of the Pension Fund have been invested and reinvested. Investments shall be made in accordance with the standard of care established by the prudent investor rule under 14A V.S.A. chapter 9.
    2. The Board from time to time shall set rates of regular interest at such percentages compounded annually as it determines to be equitable both to members and to taxpayers of the State, but not less than three percent nor more than five percent.
    3. The State Treasurer shall be the custodian of the assets of the Pension Fund of the System. All payment from the Pension Fund shall be made by the Treasurer or by a deputy treasurer, only upon vouchers signed by two persons designated by the Board. A duly attested copy of a resolution of the Board designating such persons and bearing on its face specimen signatures of such persons shall be filed with the State Treasurer as authority for making payments upon such vouchers. No vouchers shall be drawn unless it has previously been authorized by resolution of the Board.
    4. Except as otherwise provided in this section, no trustee and no employee of the Board or member of the Vermont Pension Investment Committee shall have any direct interest in the gains or profits of any investment made by the Committee; nor shall any trustee or employee of the Board or Committee, directly or indirectly, for himself or herself or as an agent, in any manner use the same except to make such current and necessary payments as are authorized by the Board or Committee; nor shall any trustee or employee of the Board or Committee become an endorser or surety, or in any manner an obligor, for the monies loaned to or borrowed from the Board. The State Treasurer, with the approval of the Board and the Committee, shall adopt by rule standards of conduct for trustees and employees of the Board in order to maintain and promote public confidence in the integrity of the Board. Such rules shall prohibit trustees, members of the Committee, and employees from receiving or soliciting any gift, including meals, alcoholic beverages, travel fare, room and board, or any other thing of value, tangible or intangible, from any vendor or potential vendor of investment services, management services, brokerage services, and other services to the Board.

      Amended 1963, No. 110 , § 4, eff. May 28, 1963; 1967, No. 13 ; 1967, No. 29 , § 1, eff. March 14, 1967; 1981, No. 41 , § 30; 1985, No. 171 (Adj. Sess.), § 4, eff. May 7, 1986; 1987, No. 80 , § 9, eff. June 9, 1987; 1997, No. 67 (Adj. Sess.), § 3; 2005, No. 50 , § 7; 2007, No. 13 , § 31; 2015, No. 23 , § 39; 2017, No. 165 (Adj. Sess.), § 16; 2019, No. 131 (Adj. Sess.), § 85.

    History

    Source. V.S. 1947, § 4285. 1947, No. 68 , § 11.

    Amendments--2019 (Adj. Sess.). Subsec. (d): In the first sentence, deleted "herein" preceding "provided" and inserted "in this section".

    Amendments--2017 (Adj. Sess.). Subsecs. (a), (c): Inserted "Pension" preceding "Fund" in five places.

    Amendments--2015. Subsec. (a): Substituted "chapter" for "subchapter" following "created by this" in the first sentence, and substituted "14A V.S.A. chapter 9" for "9 V.S.A. chapter 147" in the second sentence.

    Amendments--2007. Subsec. (a): Substituted "fund" for "funds" preceding "created", "assets of the fund" for "funds" following "reinvest" and preceding "have been invested".

    Subsec. (c): Substituted "assets of the fund" for "several funds" in the first sentence and "the fund" for "such funds" in the second sentence.

    Amendments--2005 Subsec. (a): Substituted "Vermont pension investment committee established in chapter 17 of Title 3" for "retirement board" and made a minor change in punctuation in the first sentence.

    Subsec. (d): Amended generally.

    Amendments--1997 (Adj. Sess.). Rewrote subsec. (a), deleted former subsec. (d), redesignated former subsec. (e) as subsec. (d) and added the last two sentences in that subsec.

    Amendments--1987. Subdiv. (a)(3): Substituted "fund" for "corporation" preceding "under the terms".

    Amendments--1985 (Adj. Sess.). Subdiv. (a)(3): Added.

    Amendments--1981. Subdiv. (a)(2): Substituted "70 percent" for "thirty-five percent (35%)" following "exceed" and inserted "of" preceding "the property" in the first sentence.

    Amendments--1967. Subsec. (a): Amended generally.

    Subsec. (b): Substituted "five" for "four" preceding "per cent".

    Amendments--1963. Subsec. (b): Amended generally.

    ANNOTATIONS

    1. Supervision and control of funds.

    Board of trustees may not delegate to an investment committee supervision and control of funds of system. 1946-48 Op. Atty. Gen. 381.

    § 1943a. Compliance with federal law.

    1. Intent.  The General Assembly intends that the Retirement System and any trusts or custodial accounts established to hold the assets of the Retirement System in accordance with subsection (b) of this section be maintained, in form and operation, so as to maintain the status of the Retirement System as a qualified plan under 26 U.S.C. § 401(a) as amended, and the tax exempt status of such trusts and custodial accounts under 26 U.S.C. § 501(a) , to the extent that those requirements apply to a governmental plan as described in 26 U.S.C. § 414. Notwithstanding any other provision of this chapter to the contrary, this section shall be applicable, administered, and interpreted in a manner consistent with maintaining the tax qualification of the Retirement System as a qualified plan and the tax exempt status of such trusts and custodial accounts under 26 U.S.C. §§ 401(a) and 501(a), respectively.
    2. Exclusive benefit.  All assets of the Retirement System shall be held in trust, in one or more custodial accounts treated as trusts in accordance with 26 U.S.C. § 401(f) , or in a combination thereof. Under any trust or custodial account, it shall be impossible at any time prior to the satisfaction of all liabilities with respect to members and their beneficiaries for any part of the corpus or income to be used for, or diverted to, purposes other than the exclusive benefit of members and their beneficiaries. However, this requirement shall not prohibit:
      1. the return of a contribution within six months after the Retirement System determines that the contribution was made by a mistake of fact; or
      2. payment of the expenses of the Retirement System.
    3. Vesting on plan termination.  In the event of the termination of the Retirement System, the accrued benefits of eligible members shall become fully and immediately vested.
    4. Forfeitures.  Service credits forfeited by a member for any reason shall not be applied to increase the benefits of any other member.
    5. Required distributions.  Distributions shall begin to be made not later than the member's required beginning date as defined under 26 U.S.C. § 401(a) (9) and shall be made in accordance with all other requirements of that subsection. Benefits shall be paid under the maximum allowance pursuant to this subsection even though the member has not previously applied to receive them. The System shall be deemed to be in compliance with the terms of 26 U.S.C. § 401(a) (9) so long as it is administered under a reasonable good faith interpretation of that subsection.
    6. Limitation on benefits.  Benefits shall not be payable to the extent that they exceed the limitations imposed by 26 U.S.C. § 415, as adjusted for increases in the cost of living.
    7. Limitation on compensation.  Benefits and contributions shall not be computed with reference to any compensation that exceeds the maximum dollar amount permitted by 26 U.S.C. § 401(a) (17) as adjusted for increases in the cost of living.
    8. Actuarial determination.  Whenever the amount of any member's benefit is to be determined on the basis of actuarial assumptions done by a professional actuary, those assumptions shall be specified by resolution, which documentation shall be incorporated in the System by reference. The Board shall also adopt interest and mortality assumptions for the purposes of determining actuarial equivalent benefits under the System. The Board shall adopt assumptions by resolution, which documentation shall be incorporated in the System by reference.
    9. Direct rollovers.  An individual withdrawing a distribution from the Retirement System that constitutes an "eligible rollover distribution" within the meaning of 26 U.S.C. § 402, may elect, in the time and manner prescribed by the Retirement Board and after receipt of proper notice, to have any portion of the distribution paid directly to another plan that is qualified under 26 U.S.C. § 401(a) , to an annuity plan described in 26 U.S.C. § 403(a) , to an annuity contract described in 26 U.S.C. § 403(b) , or to an eligible plan described in 26 U.S.C. § 457(b) that is maintained by a state, political subdivision of a state, or any agency or instrumentality of a state or political subdivision of a state and that agrees to account separately for amounts transferred into such plan, or to an individual retirement account or annuity described in 26 U.S.C. § 408(a) or (b), in a direct rollover. For distributions made after December 31, 2009, in accordance with 26 U.S.C. § 402(c) (11), a nonspouse beneficiary who is a designated beneficiary under 26 U.S.C. § 401(a) (9) may establish an individual retirement account into which all or a portion of a death distribution from the Retirement System to which such nonspouse beneficiary is entitled can be transferred directly.
    10. Compliance with the Uniformed Services Employment and Reemployment Rights Act (USERRA).  Notwithstanding any provision of law to the contrary, contributions, benefits, and service credits with respect to qualified military service will be provided under the System in accordance with 26 U.S.C. § 414(u) , unless State law provides more favorable benefits than those required by federal law.
    11. Nonvested members; consent.  An individual who is not a vested member of the System and who has not yet reached the later of normal retirement age or age 62 must consent to any withdrawal of his or her assets of greater than $1,000.00. For individuals who are not vested members of the System and who have reached the later of normal retirement age or 62 years of age, amounts greater than $1,000.00 may be paid out without the individual's consent. In all cases, amounts of $1,000.00 or less may be paid out without the individual's consent.
    12. Rulemaking.  The Board may adopt rules to ensure that this chapter complies with federal law requirements.

      Added 2007, No. 13 , § 32; amended 2009, No. 24 , § 6; 2015, No. 18 , § 5; 2017, No. 165 (Adj. Sess.), § 17; 2019, No. 131 (Adj. Sess.), § 86.

    History

    Amendments--2019 (Adj. Sess.). Subsec. (k): Inserted "Nonvested members; consent." at the beginning, in the first and second sentences deleted "age" following "age or" and inserted "years of age".

    Subsec. ( l ): Inserted "Rulemaking" at the beginning.

    Amendments--2017 (Adj. Sess.). Subsec. (k): Amended generally.

    Amendments--2015. Subsec. (i): Added the last sentence.

    Amendments--2009. Subsec. ( l ): Added.

    § 1944. Vermont Teachers' Retirement Fund.

    1. Pension Fund.  All of the assets of the System shall be credited to the Vermont Teachers' Retirement Fund.
    2. Member contributions.
      1. Contributions deducted from the compensation of members shall be accumulated in the Pension Fund and separately recorded for each member.
      2. The proper authority or officer responsible for making up each employer payroll shall cause to be deducted from the compensation of each Group A member five and one-half percent of the member's earnable compensation; from each Group C member with at least five years of membership service as of July 1, 2014, five percent of the member's earnable compensation; and from each Group C member with less than five years of membership service as of July 1, 2014, six percent of the member's earnable compensation, including compensation paid for absence as provided by subsection 1933(d) of this title. In determining the amount earnable by a member in a payroll period, the Board may consider the rate of compensation payable to such member on the first day of a payroll period as continuing throughout the payroll period, and it may omit deduction from compensation for any period less than a full payroll period if a teacher was not a member on the first day of the payroll period, and to facilitate the making of deductions it may modify the deduction required of any member by such an amount as shall not exceed one-tenth of one percent of the annual earnable compensation upon the basis of which such deduction is made. The actuary shall make annual valuations of the reduction to the recommended State contribution attributable to the increase from five to six percent, and the Board shall include the amount of this reduction in its written report pursuant to subsection 1942(r) of this title.
      3. The deductions provided for in this section shall be made notwithstanding that the minimum compensation provided for by law for any member shall be reduced thereby. Every Group A and Group C member shall be deemed to consent and agree to the deductions made and provided for in this section, and shall receipt for the member's full salary or compensation, and payment of salary or compensation less such deduction shall be a full and complete discharge and acquittance of all claims and demands whatsoever for the services rendered by such person during the period covered by such payment, except as to the benefits provided under this chapter.
      4. The proper authority or officer responsible for making up each employer payroll shall certify to the Board the amounts deducted on each and every payroll, and each of such amounts shall be paid into the Pension Fund and credited to the individual account of the member from whose compensation the deduction was made.
        1. All employer reports and corresponding member contributions required by this subdivision (4) shall be provided by the due date established by the Board. Employers providing reports or remitting contributions, which are more than 30 days delinquent, may be assessed a delinquent reporting fee of one percent of the amount that should have been reported and remitted for each month, or prorated portion of a month, that the report or contributions are delinquent.
        2. All employers shall provide accurate reports. Employers providing inaccurate reports shall be responsible for correcting any deficiencies and shall reimburse the System for any costs incurred by the System as a result of inaccuracy.
        3. In the event that an employer willfully files an inaccurate report, in addition to any other penalties provided by law, the employer shall pay the System an administrative penalty of up to 50 percent of the amount that was not accurately reported.
        4. The System may enforce the provisions of this subdivision (4) in Washington Superior Court.
        5. The Board may, in its discretion, waive part or all of a penalty assessment for good cause shown.
      5. [Repealed.]
      6. Any Group A member who has rendered service outside the State in the capacity of a teacher and as approved by the Board, or who was a teacher in Vermont on July 1, 1947 and elected not to join the System but who has subsequently joined, may:
        1. Elect to have included in the member's creditable service all or part of any period of service outside the State. Any Group A member who so elects shall deposit in the Pension Fund by a single contribution an amount computed at regular interest to be sufficient to provide at age 60 an annuity equal to one-120th of the member's average final compensation multiplied by the number of years of service rendered outside the State for which the member elects to receive credit. No application may be accepted for the purchase of credit for service outside the State, however, if at the time of application the member has a vested right to retirement benefits in another retirement system based upon that service.
        2. Elect to have included in the member's creditable service all or part of any service with which the member was credited immediately prior to any refund of the member's accumulated contributions, including prior service, as defined in section 1931 of this title, which shall be restored upon full restoration of previous membership service as provided in this section. Any Group A member who so elects shall deposit in the Pension Fund by a single contribution an amount equal to the amount of accumulated contributions previously withdrawn together with regular interest thereon from the date of the refund to the date of repayment, or a proportionate part of that amount if less than the full period of previous service is to be included in the member's creditable service. If a member has received a refund of the member's accumulated contributions more than once, the member may elect the period or periods of previous service on account of which the member will make contributions under this subdivision (b)(6) subject to this limitation. Any Group A member who elects to repay any amount previously refunded shall continue thereafter to contribute to the System the proportion of earnable compensation determined on the basis of the member's age on the date on which the member shall have last become a member.
        3. Elect to have included in the member's creditable service those years of teaching in Vermont rendered between July 1, 1947 and July 1, 1972 for which no contributions to the System have been made. Any Group A member who so elects shall deposit in the Pension Fund by a single contribution an amount computed at regular interest to be sufficient to provide at age 60 an annuity equal to one-120th of the member's average final compensation multiplied by the number of years of service for which the member elects to receive credit.
      7. The contributions of a member, and such interest as may be allowed thereon, paid upon the member's death or withdrawn by the member as provided in this chapter, shall be paid from the Pension Fund.
      8. Any Group A or Group C member who has rendered 15 years of creditable teaching service and who has, prior to becoming a member of the System, served a minimum of one full year of full-time service in the military, one full year of full-time service as a member of the Cadet Nurse Corps in World War II, the Peace Corps, VISTA, or AmeriCorps for which the member has derived no military or other pension benefits, may elect to have included in the member's creditable service all or any part of the member's military, Cadet Nurse Corps, Peace Corps, VISTA, or AmeriCorps service not exceeding five years. Any Group A member who elects credit under this subdivision shall deposit in the Pension Fund by a single contribution an amount computed at regular interest to be sufficient to provide at age 60 an annuity equal to one-120th of the member's average final compensation multiplied by the number of years of the service rendered for which the member elects to receive credit. Any Group A member who elects credit for service in the Cadet Nurse Corps under this subdivision and any Group C member who elects credit under this subdivision shall deposit in the Pension Fund by a single contribution an amount computed at regular interest to be sufficient to provide at normal retirement an annuity equal to one and two-thirds or two percent, whichever is applicable pursuant to section 1937 of this title, of the member's average final compensation multiplied by the number of years of the service for which the member elects to receive credit. Notwithstanding the provisions of this subdivision, any Group C member who was a Group B member and any Group A member shall, upon application, be granted up to three years of credit for military service during the periods June 25, 1950 through January 31, 1955, February 28, 1961 through August 4, 1964 if service was performed while in what is now the Republic of Vietnam, and August 5, 1964 through May 7, 1975 and shall not be required to make a contribution, provided the member has rendered 15 years of creditable teaching service and prior to becoming a member served a minimum of one full year of full-time service in the military for which he or she has derived no military pension benefits. Notwithstanding the foregoing, in the event of a conflict between the provisions of this subsection and the provisions of 10 U.S.C. § 12736 concerning the counting of the same full-time military service toward both military and State pensions, the provisions of the U.S. Code shall control.
      9. Contributions required under this subsection shall be limited to contributions from Group A and Group C members.
      10. [Repealed.]
      11. Any Group A or Group C member who rendered service in the capacity of a teacher, as defined by the Board, in an approved public or independent school that was not a part of the System may elect to have included in the member's creditable service all or part of any period of service in such approved school. Any member who so elects shall deposit in the Pension Fund by a single contribution an amount computed at regular interest to be sufficient to provide at normal retirement an annuity equal to one and two-thirds or two percent, whichever is applicable pursuant to section 1937 of this title, of the member's average compensation multiplied by the number of years of service for which the member elects to receive credit. No application for credit under this subdivision shall be granted if at the time of application, the member has a vested right to retirement benefits in another retirement system based upon that service.
      12. Any Group A or Group C member may elect to have included in the member's creditable service years of service during which the member exercised his or her option not to be a member of the System. Any member who so elects shall deposit in the Pension Fund by a single contribution an amount computed at regular interest to be sufficient to provide at normal retirement an annuity equal to one and two-thirds or two percent, whichever is applicable pursuant to section 1937 of this title, of the member's average compensation multiplied by the number of years of service for which the member elects to receive credit.
      13. Any Group A or Group C member may elect to have included in the member's creditable service all or any part of the member's service in the capacity of a teacher in a school that was a part of the System for which the member has no credit. Any member who so elects shall deposit in the Pension Fund by a single contribution an amount computed at regular interest to be sufficient to provide at normal retirement an annuity equal to one and two-thirds or two percent, whichever is applicable pursuant to section 1937 of this title, of the member's average final compensation multiplied by the number of years of the service for which the member elects to receive credit.
      14. Any Group C member may elect to increase his or her retirement allowance for years of service as a Group B member prior to July 1, 1990 from one and one-quarter percent of average final compensation to one and two-thirds percent of average final compensation. A member making an election under this subdivision shall deposit in the Pension Fund by a single contribution an amount computed at regular interest to be sufficient to provide at normal retirement an annuity equal to one and two-thirds percent of the member's average final compensation multiplied by the number of years of service for which the member elects to increase his or her retirement allowance.
      15. Notwithstanding any provision to the contrary and except for military credit elected under subdivision (8) of this subsection, a member may not elect more than a total of 10 years of creditable service under the provisions of this subsection.
      16. Any time a member is required to make a single contribution in connection with an election under this subsection, a member may, with the approval of the Board, contribute over a maximum of five years in installments of equal value toward the purchase of service. Those contributions shall become a part of the member's accumulated contribution and shall be treated for all purposes in the same manner as the contributions made under subdivision (2) of this subsection. Any member who retires before completing payment as approved by the Board for the purchase of service under subdivisions (6) through (14) of this subsection shall receive pro rata credit for service purchased before the date of retirement, but if the member so elects at the time of retirement, the member may pay as much in a single sum as is necessary to provide full credit at that time.
      17. Any member may elect to have included in the member's creditable service years of service as a State or municipal employee. Any member who so elects shall deposit in the Pension Fund by a single contribution an amount computed at regular interest to be sufficient to provide at normal retirement an annuity equal to one and two-thirds or two percent, whichever is applicable pursuant to section 1937 of this title, of the member's average compensation multiplied by the number of years of service for which the member elects to receive credit. No application for credit under this subdivision shall be granted if at the time of application, the member has a vested right to retirement benefits in another retirement system based upon that service.
    3. State contributions, earnings, and payments.
      1. All State appropriations and all reserves for the payment for all pensions including all interest and dividends earned on the assets of the Retirement System shall be accumulated in the Pension Fund. All benefits payable under the System, except for retired teacher health and medical benefits, shall be paid from the Pension Fund. Annually, the Retirement Board shall allow regular interest on the individual accounts of members in the Pension Fund which shall be credited to each member's account.
      2. Beginning with the actuarial valuation as of June 30, 2006, the contributions to be made to the Pension Fund by the State shall be determined on the basis of the actuarial cost method known as "entry age normal." On account of each member, there shall be paid annually by the State into the Pension Fund a percentage of the earnable compensation of each member to be known as the "normal contribution" and an additional percentage of the member's earnable compensation to be known as the "accrued liability contribution." The percentage rate of such contributions shall be fixed on the basis of the liabilities of the System as shown by actuarial valuation. "Normal contributions" and "accrued liability contributions" shall be by separate appropriation in the annual budget enacted by the General Assembly.
      3. The normal contribution shall be the uniform percentage of the total compensation of members that, if contributed over each member's prospective period of service and added to such member's prospective contributions, if any, will be sufficient to provide for the payment of all future pension benefits after subtracting the sum of the unfunded accrued liability and the total assets of the Pension Fund.
      4. It is the policy of the State of Vermont to liquidate fully the unfunded accrued liability to the System. Beginning on July 1, 2008, until the unfunded accrued liability is liquidated, the accrued liability contribution shall be the annual payment required to liquidate the unfunded accrued liability over a closed period of 30 years ending on June 30, 2038, provided that:
        1. From July 1, 2009 to June 30, 2019, the amount of each annual basic accrued liability contribution shall be determined by amortization of the unfunded liability over the remainder of the closed 30-year period in installments increasing at a rate of five percent per year.
        2. Beginning on July 1, 2019 and annually thereafter, the amount of each annual basic accrued liability contribution shall be determined by amortization of the unfunded liability over the remainder of the closed 30-year period in installments increasing at a rate of three percent per year.
        3. Any variation in the contribution of normal or unfunded accrued liability contributions from those recommended by the actuary and any actuarial gains and losses shall be added or subtracted to the unfunded accrued liability and amortized over the remainder of the closed 30-year period.
      5. -(12) [Repealed.]
    4. , (e)  [Repealed.]

      (f) Expenses. The expenses of the System, including all the expenses necessary in connection with the administration and operation of the System, shall be paid from the Pension and Benefits Funds.

      (g) Collection of contributions.

      1. The proper authority or officer responsible for making up the payroll shall draw his or her warrant, at intervals agreed upon with the Board but at least semiannually, payable to the System for all contributions deducted from the compensation of members, and shall transmit these contributions to the Board, together with any schedule of these contributions the Board requires.
      2. The Board shall certify to the Governor-Elect, as required by 32 V.S.A. § 301 , an estimate of the contributions of the State that will become due and payable during the two years next following to meet the requirements of the Pension Fund of the System, and shall certify the percentage of payroll of all members that is equivalent to such amount. The amounts so certified shall be included in the budget submitted to the General Assembly. When appropriated, the Commissioner of Finance and Management shall issue his or her warrant in favor of the System for the amount certified by the Board to be necessary to carry out the provisions of this section.

        (h) Contributions by State or political subdivision. Notwithstanding the provisions of subdivision 1944(b)(2) of this title to the contrary and pursuant to the provisions of Section 414(h) of the Internal Revenue Code, the State or political subdivisions employing such members shall pick up and pay the contributions required to be paid by Group A and Group C members with respect to service rendered on and after July 1, 1992. Contributions picked up by the State or political subdivisions employing such members shall be designated for all purposes as member contribution, except that they shall be treated as State contributions in determining tax treatment of a distribution. Each member's compensation shall be reduced by an amount equal to the amount picked up by the State or political subdivisions employing such members. This reduction, however, shall not be used to determine annual earnable compensation for purposes of determining average final compensation. Contributions picked up under this subsection shall be credited to the Pension Fund.

        (i) [Repealed.]

        Amended 1959, No. 42 , §§ 1, 2; 1959, No. 72 , §§ 4, 5, eff. April 1, 1959; 1959 (Adj. Sess.), No. 328, § 8(b); 1963, No. 182 , § 3; 1971, No. 187 (Adj. Sess.); 1971, No. 233 (Adj. Sess.), §§ 2-4; 1973, No. 141 (Adj. Sess.), § 7; 1975, No. 175 (Adj. Sess.), § 3; 1977, No. 53 , §§ 2, 4, eff. April 23, 1977; 1977, No. 247 (Adj. Sess.), §§ 191-193, 195; 1981, No. 41 , §§ 31-34, 39(3); 1983, No. 149 (Adj. Sess.), § 1; 1983, No. 195 (Adj. Sess.), § 5(b); 1989, No. 78 , §§ 8, 9; 1989, No. 169 (Adj. Sess.), § 7; 1991, No. 24 , § 11; 1991, No. 24 7 (Adj. Sess.), §§ 1-4; 1993, No. 49 , §§ 24, 25, eff. May 28, 1993; 1995, No. 36 , § 7; 1995, No. 178 (Adj. Sess.), § 179a; 1999, No. 53 , §§ 7, 7a; 1999, No. 158 (Adj. Sess.), § 5; 2001, No. 29 , § 6; 2001, No. 63 , § 175; 2001, No. 142 (Adj. Sess.), § 206; 2003, No. 122 (Adj. Sess.), § 297f; 2005, No. 163 (Adj. Sess.), § 7; 2005, No. 165 (Adj. Sess.), § 3; 2005, No. 215 (Adj. Sess.), § 277; 2007, No. 13 , § 33; 2007, No. 13 7 (Adj. Sess.), § 7; 2009, No. 24 , § 6a; 2009, No. 74 (Adj. Sess.), § 6; 2009, No. 139 (Adj. Sess.), § 6; 2013, No. 179 (Adj. Sess.), § E.514.2; 2015, No. 18 , § 7; 2015, No. 172 (Adj. Sess.), § E.514.1; 2017, No. 165 (Adj. Sess.), § 18; 2019, No. 131 (Adj. Sess.), § 87.

    History

    Source. V.S. 1947, § 4286. 1947, No. 68 , § 12.

    Reference in text. Section 414(h) of the Internal Revenue Code, referred to in subsec. (h), is codified as 26 U.S.C. § 414(h).

    2009 (Adj. Sess.) Redesignated subdivs. (c)(12)(A) through (G) as (c)(12)(B)(i) through (vii) to conform to V.S.A. style and avoid conflict in newly amended subsec. (c).

    Revision note - Reference to "auditor of accounts" in the third sentence of subdiv. (g)(2) changed to "finance director" pursuant to 1959, No. 328 (Adj. Sess.), § 8(b). See note set out under 32 V.S.A. § 182.

    Reference to "finance director" in the third sentence of subdiv. (g)(2) changed to "commissioner of finance" to conform reference to new title and reorganization of state government pursuant to 1971, No. 92 . See 3 V.S.A. chapter 45.

    Reference to "commissioner of finance and information support" in the third sentence of subdiv. (g)(2) changed to "commissioner of finance and management" in light of Executive Order No. 35-87, which provided for the abolition of the department of finance and information support and the transfer of the duties, responsibilities and authority of the commissioner of that entity to the commissioner of the department of finance and management as established by the order. By its own terms, Executive Order No. 35-87 took effect on July 1, 1987, pursuant to 3 V.S.A. § 2002. For the text of Executive Order No. 35-87, see chapter 3 of Title 3 Appendix.

    Editor's note. Although 1989, No. 118 , § 3, amended each section of this title containing the words "certify" and "certified" by substituting therefor "license" and "licensed", the words "certify" and "certified" were not changed to "license" and "licensed", respectively, in view of the context of the references.

    Amendments--2019 (Adj. Sess.). Subdiv. (b)(3): Substituted "in this section" for "herein" in the first and second sentences.

    Subdiv. (b)(6)(B): Substituted "in this section" for "herein" in the first sentence and substituted "this" for "the aforesaid" in the third sentence.

    Subdiv. (g)(1): Amended generally.

    Subsec. (h): Inserted "Contributions by State or political subdivision."

    Amendments--2017 (Adj. Sess.). Section amended generally.

    Amendments--2015 (Adj. Sess.). Subdiv. (c)(4): Amended generally.

    Amendments--2015. Subdiv. (b)(8): Inserted "or AmeriCorps" following "VISTA" in two places in the first sentence.

    Subsec. (i): Added the last sentence.

    Amendments--2013 (Adj. Sess.). Subdiv. (b)(1): Inserted "Fund" following "accumulated in the".

    Subdiv. (b)(2): Inserted "with at least five years of membership service as of July 1, 2014," following "each group C member" and "; and from each group C member with less than five years of membership service as of July 1, 2014, six percent of the member's earnable compensation" following "earnable compensation", and added the third sentence.

    Amendments--2009 (Adj. Sess.). Subdiv. (b)(2): Act No. 74 substituted "five" for "three and four-tenths" preceding "percent".

    Subdivs. (b)(8)-(b)(13), (b)(17): Act No. 74 inserted "or two" preceding "percent" and ", whichever is applicable pursuant to section 1937 of this title" following "percent".

    Subdiv. (c)(4): Act No. 74 added the present first sentence.

    Subdiv. (c)(12): Act No. 74 added the (A) and (B) designations and rewrote the subdiv.

    Subdiv. (c)(12)(A)(v): Act No. 139 added subdiv. (c)(12)(A)(v)(V).

    Amendments--2009. Subdiv. (c)(4): Substituted "July 1, 2008" for "July 1, 2006" and substituted "June 30, 2009" for "June 30, 2006" in the first sentence.

    Amendments--2007 (Adj. Sess.). Subdiv. (b)(16): Substituted "five years" for "three years" in the first sentence.

    Amendments--2007. Section amended generally.

    Amendments--2005 (Adj. Sess.). Subdiv. (b)(8): Act No. 163 added "February 28, 1961 through August 4, 1964 if service was performed in what is now the Republic of Vietnam" in the middle of the fourth sentence.

    Subsec. (c): Act No. 215 substituted "2006" for "1982" following "June 30"; deleted "cost with frozen initial liability" following "normal" in the first sentence, substituted "the member's" for "his" preceding "earnable" and "percentage rate" for "rates percent" in the second sentence, and added the third sentence in subdiv. (2); deleted former subdiv. (4) and redesignated former subdiv. (5) as present subdiv. (4) and in that subdiv., substituted "2006" for "1982" following "July 1", inserted "2006" following "June 30" in the first sentence, and added the second sentence.

    Subdiv. (c)(12)(G): Added by Act 165.

    Amendments--2003 (Adj. Sess.). Subdiv. (c)(12): Substituted "subsection" for "section" preceding "1942(p)"; "80" for "eighty" preceding "percent"; inserted "provided they had ten years of creditable service at the time of their retirement" following "members"; and substituted "50" for "fifty" preceding "percent" and "41" for "forty-one" following "allocate".

    Amendments--2001 (Adj. Sess.) Subdivs. (c)(12)(E) and (c)(12)(F): Added.

    Amendments--2001. Subdiv. (b)(8): Act No. 29 substituted "15" for "fifteen" in the first sentence, substituted "60" for "sixty" in the second sentence, and added the fifth sentence.

    Subdiv. (c)(12): Act No. 63 rewrote the second and fifth sentences, added the present sixth sentence, and rewrote subdiv. (D).

    Amendments--1999 (Adj. Sess.). Subdiv. (b)(8): Substituted "five years" for "three years" at the end of the first sentence.

    Amendments--1999 Subdiv. (b)(2): Substituted "four-tenths" for "seven-tenths" in the first sentence.

    Subdiv. (b)(17): Added.

    Amendments--1995 (Adj. Sess.) Subdiv. (c)(12): Substituted "a portion" for "up to one-half" in the first sentence, added the present second through fourth and sixth sentences of the introductory paragraph, and added subdivs. (A) through (D).

    Amendments--1995 Subdiv. (b)(8): Rewrote the last sentence.

    Amendments--1993 Subdiv. (g)(2): Deleted "minus one quarter of one percent of the member's earnable compensation as the amount necessary to make the members' contributions picked up and paid by the state under subsection (h) of this section cost neutral to the general fund" at the end of the third sentence.

    Subsec. (h): Inserted "or political subdivisions employing such members" preceding "shall pick" in the first sentence, preceding "shall be designated" in the second sentence, and following "state" in the third sentence.

    Amendments--1991 (Adj. Sess.) Subdiv. (b)(2): Substituted "three and seven-tenths" for "two and three-quarter" following "group C member" in the first sentence.

    Subdiv. (b)(8): Substituted "periods June 25, 1950 through January 31, 1955 and" for "period" preceding "August" in the fourth sentence.

    Subdiv. (g)(2): Rewrote the third sentence.

    Subsec. (h): Added.

    Amendments--1991 Subdiv. (b)(11): Substituted "independent" for "private" preceding "school which" in the first sentence.

    Amendments--1989 (Adj. Sess.) Subdiv. (b)(2): Substituted "the member's" for "his" following "one-half percent of" and inserted "and from each group C member two and three-quarter percent of the member's earnable compensation" preceding "including" in the first sentence.

    Subdiv. (b)(3): Inserted "and group C" following "group A" and substituted "the member's" for "his" following "receipt for" in the second sentence.

    Subdiv. (b)(5): Amended generally.

    Subdiv. (b)(6): Amended generally.

    Subdiv. (b)(7): Substituted "the member" for "him" preceding "as provided" in the first sentence and "the member's" for "his" preceding "death" in that sentence and preceding "accumulated" in the second sentence.

    Subdiv. (b)(8): Amended generally.

    Subdiv. (b)(9): Inserted "and group C" preceding "members".

    Subdiv. (b)(10): Repealed.

    Subdiv. (b)(11): Substituted "group C" for "group B" following "group A or" and "the member's" for "his or her" following "included in" and deleted "not exceeding ten years" following "approved school" in the first sentence and rewrote the second sentence.

    Subdiv. (b)(12): Amended generally.

    Subdiv. (b)(13): Added.

    Subdiv. (b)(14): Added.

    Subdiv. (b)(15): Added.

    Subdiv. (b)(16): Added.

    Amendments--1989 Subdiv. (b)(11): Added.

    Subdiv. (b)(12): Added.

    Subdiv. (c)(4): Substituted "1988" for "1982" following "June 30" and following "July 1" in the first sentence and following "adjusted after" in the second sentence.

    Amendments--1983 (Adj. Sess.) Subdiv. (b)(8): Act No. 149 added the sixth sentence.

    Subdiv. (g)(2): Act No. 195 substituted "commissioner of finance and information support" for "commissioner of finance" in the third sentence.

    Amendments--1981 Subdiv. (b)(2): Deleted "commencing as of July 1, 1977" preceding "the proper" and inserted "group A" preceding "member" in the first sentence.

    Subdiv. (b)(3): Inserted "group A" preceding "member" in the second sentence.

    Subdiv. (b)(5): Inserted "group A" preceding "member" in the first and second sentences.

    Subdiv. (b)(6): Inserted "group A" preceding "member".

    Subdiv. (b)(8): Inserted "group A" preceding "member".

    Subdiv. (b)(9): Added.

    Subdiv. (b)(10): Added.

    Subsec. (c): Amended generally.

    Subsec. (d): Repealed.

    Subsec. (e): Repealed.

    Subsec. (f): Deleted "provided by the state" preceding "to pay the administration expenses".

    Amendments--1977 (Adj. Sess.) Subdiv. (c)(3): Amended generally.

    Subdiv. (c)(4): Amended generally.

    Subdiv. (c)(5): Amended generally.

    Subdiv. (c)(6): Repealed.

    Amendments--1977 Subdiv. (b)(2): Substituted "1977" for "1974" and added "including compensation paid for absence as provided by section 1933(d) of this title" following "earnable compensation" in the first sentence.

    Subdiv. (b)(6)(B): Inserted "including prior service, as defined in section 1931 of this title" following "accumulated contributions" in the first sentence.

    Amendments--1975 (Adj. Sess.) Subdiv. (c)(12): Added.

    Amendments--1973 (Adj. Sess.) Subsec. (b): Rewrote subdiv. (2), deleted former subdiv. (3), redesignated former subdivs. (4) through (8) as subdivs. (3) through (7), respectively, and added a new subdiv. (8).

    Amendments--1971 (Adj. Sess.) Subdiv. (b)(7): Amended generally by Act No. 187.

    Subdiv. (c)(2): Act No. 233 rewrote the third sentence.

    Subdiv. (c)(4): Amended generally by Act No. 233.

    Subdiv. (c)(5): Act No. 233 deleted "by the state in each year" following "amount payable", inserted "in each year" following "accumulation fund", and substituted "1974" for "1960".

    Amendments--1963 Subdiv. (b)(2): Substituted "is" for "shall be" preceding "computed" in the first sentence, inserted "the" preceding "age sixty" in the third sentence, and added the fourth sentence.

    Amendments--1959 (Adj. Sess.) Subdiv. (g)(2): Substituted "finance director" for "auditor of accounts" preceding "shall issue" in the third sentence.

    Amendments--1959 Subsec. (b): Act No. 72 deleted "on each and every payroll for each and every payroll period" preceding "the proportion" in the first sentence of subdiv. (3) and added the second sentence in subdiv. (6).

    Subsec. (c): Act No. 42 substituted "valuation as of June 30, 1958" for "first valuation" in subdiv. (4) and inserted "after June 30, 1960" preceding "shall be at least" in subdiv. (5).

    Prior law. V.S. 1947, § 4292.

    - Fiscal year 1983. 1981, No. 248 (Adj. Sess.), § 227, provided in part:

    "Notwithstanding the provisions of 16 V.S.A. chapter 55, no person shall be eligible to receive benefits from the state teachers' retirement system of Vermont who is receiving a continuation of salary under the early retirement provisions of the applicable article of the agreement between the Vermont state colleges and the Vermont state colleges faculty federation VSCFF, AFT, Local 3180, AFL-CIO."

    ANNOTATIONS

    Cited. Jacobs v. State Teachers' Retirement System of Vermont, 174 Vt. 404, 816 A.2d 517 (2002).

    § 1944a. Periodic actuarial reports.

    The Board shall cause to be made an actuarial reevaluation of the rate of member contributions deducted from earnable compensation pursuant to subdivision 1944(b)(2) of this title, on a periodic basis at least every three years, to determine whether the amount deducted is necessary to make the contributions picked up and paid by the State for such members cost neutral to the General Fund. The actuarial re-evaluation shall consider all relevant factors including federal tax law changes. The Board shall report the results of the actuarial reevaluation to the General Assembly together with any recommendations for adjustment in the members' contribution rate under subdivision 1944(b)(2).

    Added 1991, No. 247 (Adj. Sess.), § 6.

    § 1944b. Retired Teachers' Health and Medical Benefits Fund.

    1. There is established the Retired Teachers' Health and Medical Benefits Fund (Benefits Fund) to pay retired teacher health and medical benefits, including prescription drug benefits, when due in accordance with the terms established by the Board of Trustees of the State Teachers' Retirement System of Vermont pursuant to subsection 1942(p) and section 1944e of this title. The Benefits Fund is intended to comply with and be a tax exempt governmental trust under Section 115 of the Internal Revenue Code of 1986, as amended. The Benefits Fund shall be administered by the Treasurer.
    2. The Benefits Fund shall consist of:
      1. all monies remitted to the State on behalf of the members of the State Teachers' Retirement System of Vermont for prescription drug plans pursuant to the Employer Group Waiver Plan with Wrap pursuant to the Medicare Prescription Drug Improvement and Modernization Act of 2003;
      2. any monies appropriated by the General Assembly for the purpose of paying the health and medical benefits for retired members and their dependents provided by subsection 1942(p) and section 1944e of this title;
      3. any monies pursuant to subsection (e) of this section; and
      4. [Repealed.]
      5. any monies pursuant to section 1944d of this title.
    3. No employee contributions shall be deposited in the Benefits Fund.
    4. The Treasurer may invest monies in the Benefits Fund in accordance with the provisions of 32 V.S.A. § 434 or, in the alternative, may enter into an agreement with the Vermont Pension Investment Committee to invest such monies in accordance with the standards of care established by the prudent investor rule under 14A V.S.A. § 902, in a manner similar to the Committee's investment of retirement system monies. Interest earned shall remain in the Benefits Fund, and all balances remaining at the end of a fiscal year shall be carried over to the following year. The Treasurer's annual financial report to the Governor and the General Assembly shall contain an accounting of receipts, disbursements, and earnings of the Benefits Fund.
    5. [Repealed.]
    6. Contributions to the Benefits Fund shall be irrevocable and it shall be impossible at any time prior to the satisfaction of all liabilities, with respect to employees and their beneficiaries, for any part of the corpus or income of the Benefits Fund to be used for, or diverted to, purposes other than the payment of retiree postemployment benefits to members and their beneficiaries and reasonable expenses of administering the Benefits Fund and related benefit plans.
    7. [Repealed.]

      Added 2013, No. 179 (Adj. Sess.), § E.514.1; amended 2015, No. 114 (Adj. Sess.), § 6; 2017, No. 85 , § E.515.1; 2017, No. 165 (Adj. Sess.), § 19; 2019, No. 6 , § 90, eff. April 22, 2019; 2019, No. 120 (Adj. Sess.), § A.38, eff. June 30, 2020.

    History

    Reference in text. The Medicare Prescription Drug, Improvement, and Modernization Act of 2003, referred to in subdiv. (b)(1), was enacted by P.L. 108-173, 117 Stat. 2066.

    Amendments--2019 (Adj. Sess.). Subsec. (d): Added the first and last sentences.

    Amendments--2019 Subsec. (d): Deleted "; provided, however, that any amounts received in repayment of interfund loans established under subsection (e) of this section may be reinvested by the State Treasurer".

    Subsecs. (e) and (g): Repealed.

    Subsec. (f): Deleted the first and second sentences.

    Amendments--2017 (Adj. Sess.). Subsec. (a): Substituted "section 1944e" for "subdivision 1944(e)(12)" preceding "of this title" and added the second sentence.

    Subdiv. (b)(2): Substituted "section 1944e" for "subdivision 1944(e)(12)" preceding "of this title".

    Amendments--2017. Subdiv. (b)(4): Repealed.

    Subdiv. (e)(1): Added the subdiv. designation; and substituted "$28,500,000.00" for "$30,000,000.00" following "exceed" in the seventh sentence.

    Subdiv. (e)(2) and subsec. (g): Added.

    Subsec. (f): Substituted "2023" for "2024" following "fiscal year" in the first sentence.

    Amendments--2015 (Adj. Sess.). Subsec. (f): Added the third sentence.

    § 1944c. Employer charges for federal grants or reimbursements.

    1. Notwithstanding any provision of law to the contrary, effective on July 1, 2015, the employer retirement costs and administrative operating expenses related to the retirement plans applicable to those teachers whose funding is provided from federal grants or through federal reimbursement shall be paid by local school systems or educational entities that participate in the Vermont Teachers' Retirement Fund from those federal monies.
    2. The percentage rates to be applied shall be determined by an actuary approved by the Board of Trustees of the State Teachers' Retirement System of Vermont and shall be applied to the total earnable compensation of members prepared by the actuary in compliance with subsection 1942(r) of this title. The Secretary of Education shall annually provide an accounting of federal grants and federal reimbursements, by school system, upon which payment by the participating schools shall be determined.
    3. The State Treasurer and the Secretary of Education shall establish procedures for the collection and deposit of those monies in the State Teachers' Retirement System of Vermont. The Secretary of Education may delay implementation upon review of the federal grant program to permit timely and accurate claims for reimbursement of retirement expenses under a particular federal program in order to receive funding under that program. The Secretary of Education shall provide an annual report to the Senate Committee on Appropriations and the House Committee on Education regarding progress in implementation of this section. The provisions of 2 V.S.A. § 20(d) (expiration of required reports) shall not apply to the report to be made under this subsection.

      Added 2013, No. 179 (Adj. Sess.), § E.514.3; amended 2017, No. 154 (Adj. Sess.), § 22, eff. May 21, 2018.

    History

    Amendments--2017 (Adj. Sess.). Subsec. (c): Substituted "Senate Committee on Appropriates and the House Committee on Education" for "House and Senate Committees on Appropriations and on Education" and added the last sentence.

    § 1944d. Employer annual charge for teacher health care.

    1. Beginning on July 1, 2018, the employer of teachers who become members of the State Teachers' Retirement System of Vermont on or after July 1, 2015 shall pay an annual assessment of $1,275.00 for each such teacher to the Benefits Fund.
    2. Beginning on July 1, 2019, and each year thereafter, the annual assessment shall be adjusted to account for inflation, as approved annually by the Board of Trustees.

      Added 2013, No. 179 (Adj. Sess.), § E.514.4 ; amended 2017, No. 165 (Adj. Sess.), § 20; 2018, No. 11 (Sp. Sess.), § E.515.2.

    History

    Amendments--2018 (Sp. Sess.). Act 11 added the subsec. designations and amended section generally.

    Amendments--2017 (Adj. Sess.). Act 165 deleted the former third sentence.

    Repeal of employer annual charge for teacher health care. 2018, No. 11 (Sp. Sess.), § E.515.4(a) provides: "The employer annual charge for teacher health care, established in 16 V.S.A. § 1944d is repealed on July 1, 2023."

    § 1944e. Retired teachers health and medical benefits.

    1. Payment of a portion of the cost of health and medical benefits provided by subsection 1942(p) of this title for retired members and their dependents shall be made from the Benefits Fund. The Board shall determine the total costs of the applicable standard plan for a retired member and of the applicable standard plan for a retired member and spouse, and the Board shall pay the following portion of those costs:
      1. For retired members:
        1. 80 percent of the cost for a retired member who has either at least 10 years of creditable service as of July 1, 2010, or 25 years of creditable service at the time of retirement;
        2. 70 percent of the cost for a retired member who has fewer than 10 years of creditable service as of July 1, 2010, and 20 years or more but fewer than 25 years of creditable service at the time of retirement;
        3. 60 percent of the cost for a retired member who has fewer than 10 years of creditable service as of July 1, 2010, and 15 or more but fewer than 20 years of creditable service at the time of retirement; and
        4. for retired members who do not meet the requirements of subdivisions (A) through (C) of this subdivision (1), no portion of the costs shall be paid.
      2. For a retired member's spouse. In addition to the payments for retired members' health and medical benefits specified in subdivision (a)(1) of this section, 80 percent of the cost for the retired member's spouse during the retired member's life, where:
        1. the retired member has fewer than 15 years of creditable service as of July 1, 2010, and at least 25 years of creditable service at the time of retirement; or
        2. the retired member has 15 or more but fewer than 25 years of creditable service as of July 1, 2010, and at least 10 additional years of creditable service at the time of retirement; or
        3. the retired member has 25 or more but fewer than 30 years of creditable service as of July 1, 2010, and at least 35 years of creditable service at the time of retirement; or
        4. the retired member has at least 30 years of creditable service as of July 1, 2010, and at least five additional years of creditable service at the time of retirement; and
        5. the service was not purchased, restored, granted, or transferred on or after July 1, 2010.
    2. The Board shall pay an equal dollar amount for eligible retirees regardless of the plan selected. All eligible retirees may select health plan coverage from a range of plans approved by the Board. Retired members may authorize deductions to be made from their monthly retirement allowance for the balance of the cost of such benefits for the retired members and their dependents.
    3. Periodically, the Board shall approve the following:
      1. a standard plan for retirees who are not yet eligible for Medicare, which plan shall provide first dollar coverage for subscribers;
      2. a standard plan for retirees who are eligible for Medicare, which plan shall provide first dollar coverage for subscribers; and
      3. a range of plans that may be selected by retirees, including the standard applicable plans.
    4. For fiscal year 2004 and thereafter, the cost of the applicable standard plan determined under this subsection shall not exceed the cost of the $250.00 comprehensive plan offered in fiscal year 2003, adjusted for the appropriate fiscal year. In the event of the discontinuance of the $250.00 comprehensive plan, a plan with a comparable expenditure profile shall be used as a benchmark.
    5. As of January 1, 2007 and thereafter, upon retirement, members entitled to prorated Group medical benefit plan premium payments from the Retirement System under the terms of this section shall have a one-time option to reduce the percentage of premium payments from the Benefits Fund during the member's life, with the provision that the Benefits Fund shall continue making an equal percentage of premium payments after the member's death for the life of the dependent beneficiary nominated by the member under section 1941 of this title, should such dependent beneficiary survive the member. The Board, after consultation with its actuary, shall establish reduced premium payment percentages that are as cost neutral to the Benefits Fund as possible.

      Added 2017, No. 165 (Adj. Sess.), § 21; amended 2019, No. 25 , § 2, eff. May 16, 2019.

    History

    Amendments--2019 Subdivs. (a)(1) and (a)(2): Rewritten.

    § 1945. Application of other laws.

    No other provision of law in any other statute that provides wholly or partly at the expense of the State of Vermont for pensions or retirement benefits for teachers of the State, their widows, or other dependents, shall apply to members or beneficiaries of the Retirement System hereby established, their widows, or other dependents.

    History

    Source. V.S. 1947, § 4288. 1947, No. 68 , § 14.

    § 1946. Exemption of member's interest; assignment.

    That portion of the compensation of a member deducted or to be deducted under this chapter, the rights of a member or beneficiary to an annuity, pension, or retirement allowance hereunder, and all a member's rights in the assets of the System, shall be exempt from taxation, including income tax, and from the operation of any laws relating to bankruptcy or insolvency, and shall not be attached or taken upon execution or other process of any court. No assignment by a member or beneficiary of any part of the assets to which he or she is or may be entitled, or of any right to or interest in the assets, shall be valid except as specifically provided in this chapter.

    Amended 2007, No. 13 , § 34.

    History

    Source. V.S. 1947, § 4289. 1947, No. 68 , § 15.

    Amendments--2007. Substituted "a member's" for "his" preceding "rights" and "assets" for "funds" preceding "of the system" in the first sentence; substituted "the assets" for "such funds" in two places and inserted "or she" following "he" in the second sentence.

    Cross References

    Cross references. Income taxes, see 32 V.S.A. chapter 151.

    ANNOTATIONS

    1. Construction.

    The exemptions contained in this section are specifically limited to retirement systems established by the Legislature and are not to be extended to include amounts received from private or local teachers' or employees' retirement systems in excess of contributions in any instance where the specific exemption does not appear. 1950-52 Op. Atty. Gen. 326.

    § 1946a. Tax exemption for member of retirement system of another state or political subdivision thereof.

    Payments received by a member of a retirement system of another state or political subdivision thereof, whether called a pension, an annuity, a retirement allowance, or any other name, shall be exempt from taxation, including income tax, provided that such member was at the time of retirement a member of the teaching or supervising staff covered by such retirement system. The term "teaching or supervising staff" shall include the superintendent, assistant superintendents, principals, supervisors, assistant supervisors, directors, assistant directors, examiners, supervising school physicians, supervisors of health education, supervising nurses, and all other persons permanently employed in giving or supervising instruction in a public day school, normal school, teachers' college, or other educational institution located in, and supported and controlled by, any state or political subdivision thereof.

    History

    Source. V.S. 1947, § 4266 (II). 1937, No. 72 , § 1. P.L. § 4220. 1933, No. 60 , § 1. 1919, No. 57 , § 16.

    Editor's note. This section has been repealed by implication of 32 V.S.A. § 5819.

    Codification. Chapter 193, §§ 4247-4272, of the Vermont Statutes, Revision of 1947, although not repealed, are not set out in Vermont Statutes Annotated since they are now special provisions applicable only to members of the Vermont teachers' retirement system who elected in 1947 not to become members of the state teachers' retirement system of Vermont; however, subsec. II of Vermont Statutes, Revision of 1947, appears to be of general application and therefore has been codified as this section.

    Cross References

    Cross references. Income taxes, see 32 V.S.A. chapter 151.

    ANNOTATIONS

    1. Foreign countries.

    Words "another state or political subdivision thereof" include a foreign state, and a person receiving a teacher's pension from the Bonn Republic of Western Germany is entitled to a tax exemption thereon. 1954-56 Op. Atty. Gen. 361.

    § 1946b. Alternate payee; domestic relations orders.

    1. As used in this section:
      1. "Alternate payee" means any individual who is recognized by a domestic relations order as having a right to receive all, or a portion of, another individual's payment rights in the System.
      2. "Domestic relations order" means a judgment, decree, or order of the Family Division of the Superior Court issued pursuant to 4 V.S.A. chapter 10, concerning marital property rights that includes a transfer of all, or a portion of, a member's or beneficiary's payment rights in the System to an alternate payee. It also means a judgment, decree, or order from a court of competent jurisdiction in another state, concerning marital property rights that includes a transfer of all, or a portion of, a member's or beneficiary's payment rights in the System to an alternate payee. Domestic relations orders shall conform to the requirements of this section in order to be effective. A domestic relations order does not take effect until it is served on the System by certified or registered mail, return receipt requested. In the event that there is more than one domestic relations order, the order that is most recent in time and that has been served on the System will control.
    2. A member's or beneficiary's rights in the System may be modified by a domestic relations order as provided in this section.
    3. A domestic relations order shall contain all of the following elements:
      1. the identity of the member or beneficiary and the alternate payee by full name, current address, and Social Security number;
      2. the amount or percentage of the member's or beneficiary's benefits to be paid by the Board to the alternate payee and the date or dates upon which the calculation of payments is to be based;
      3. the number of payments or time period in which payments are required to be made under the domestic relations order; and
      4. each retirement plan to which the domestic relations order applies.
    4. A domestic relations order shall not provide:
      1. for a type or form of benefit, option, or payment not available to the affected member or beneficiary;
      2. for an amount or duration of payment greater than that available to the affected member or beneficiary;
      3. that payment of a retirement allowance commence before the member departs from service and commences to receive benefits;
      4. withdrawal of the member's contributions without the consent of the member and the alternate payee;
      5. any requirements that are contrary to the intent of this section.
    5. A domestic relations order may provide for apportionment of post-retirement adjustments to the retirement allowance.
    6. Payments to the alternate payee under a domestic relations order shall be limited to the life of the member or beneficiary.
    7. An alternate payee's rights and interests under this section shall not survive the alternate payee's death and shall not be transferable by inheritance.
    8. An alternate payee's rights or interests acquired pursuant to this section are not subject to assignment, execution, garnishment, attachment, or other process. An alternate payee's rights or interests may be modified only by a domestic relations order amending the domestic relations order that established the right or interest.
    9. The Board, the System, its agents and employees shall not be liable to any person for carrying out the terms and conditions of a domestic relations order.
    10. The Board may adopt rules to implement this section.

      Added 1995, No. 36 , § 8; amended 2009, No. 154 (Adj. Sess.), § 238.

    History

    Amendments--2009 (Adj. Sess.) Subdiv. (a)(2): Substituted "family division of the superior court" for "family court" in the first sentence.

    § 1947. Penalty.

    Whoever with intent to deceive shall make any statements or reports required under this chapter that are untrue, or shall falsify or permit to be falsified any record or records of the System, shall be guilty of a misdemeanor and shall be punishable therefor under the laws of this State.

    History

    Source. V.S. 1947, § 4290. 1947, No. 68 , § 16.

    § 1948. Errors.

    Should any mistake be made, or should any change or error in the records result in any member or beneficiary receiving from the System more or less than he or she would have been entitled to receive had the records been correct, the Board shall have the power, in its discretion, to correct such mistake or such error, and as far as practicable, to adjust the payments in such a manner that the actuarial equivalent of the benefit to which such member or beneficiary was correctly entitled shall be paid or in such a manner that the impact upon the fund is de minimis.

    Amended 2017, No. 165 (Adj. Sess.), § 22.

    History

    Source. 1955, No. 115 , § 4. V.S. 1947, § 4291. 1947, No. 68 , § 17.

    Amendments--2017 (Adj. Sess.). Inserted "or in such a manner that the impact upon the fund is de minimis" following "paid".

    ANNOTATIONS

    1. Particular cases.

    Trial court did not err in upholding the Retirement Board's rejection of plaintiffs' request for administrative relief under this section because, in concluding that considerations of timeliness, proof, and the Fund's financial integrity militated against the granting of administrative relief, the Board acted well within its broad discretion, and there was no basis to conclude that its ruling was patently arbitrary or contrary to law. Ahern v. Mackey, 181 Vt. 599, 925 A.2d 1011 (mem.) (April 18, 2007).

    § 1949. Postretirement adjustments to retirement allowances.

    1. For all Group A members, as of June 30 in each year, beginning June 30, 1972, the Board shall determine any increase or decrease, to the nearest one-tenth of one percent, in the ratio of the average of the Consumer Price Index for the month ending on that date to the average of the Index for the month ending on June 30, 1971, or the month ending on June 30 of the most recent year thereafter. In the event of an increase, and provided that the net increase following the application of any offset as provided in this subsection equals or exceeds one percent, the retirement allowance of each beneficiary in receipt of an allowance for at least one year on the next following December 31 shall be increased by an equal percentage. Such increase shall begin on the January 1 immediately following that December 31. An equivalent percentage increase shall also be made in the retirement allowance payable to a beneficiary in receipt of an allowance under an optional election, provided the member on whose account the allowance is payable and such other person shall have received a total of at least 12 monthly payments by such December 31. In the event of a decrease of the Consumer Price Index as of June 30 for the preceding year, the retirement allowance of a beneficiary shall not be subject to any adjustment on the next following January 1; provided, however, that:
      1. such decrease shall be applied as an offset against the first subsequent year's increase of the Consumer Price Index when such increase equals or exceeds one percent, up to the full amount of such increase; and
      2. to the extent that such decrease is greater than such subsequent year's increase, such decrease shall be offset in the same manner against two or more years of such increases, for up to but not exceeding five subsequent years of such increases, until fully offset.
    2. For Group C members, as of June 30 in each year, commencing June 30, 1981, a determination shall be made of any increase or decrease, to the nearest one-tenth of a percent of the Consumer Price Index for the preceding fiscal year. In the event of an increase, and provided that there exists a net increase following the application of any offset as provided in this subsection, the retirement allowance of each beneficiary in receipt of an allowance for at least one year on the next following December 31 shall be increased by an amount equal to one-half of the net percentage increase. The increase shall commence on the January 1 immediately following that December 31. The increase shall apply to Group C members having attained 57 years of age or completed at least 25 years of creditable service as of June 30, 2010, and receiving an early retirement allowance only in the year following attainment of age 62, and shall apply to Group C members not having attained 57 years of age or having completed at least 25 years of creditable service as of June 30, 2010, and receiving an early retirement allowance only in the year following the member's attainment of 65 years of age, provided the member has received benefits for at least 12 months as of December 31 of the year preceding any January adjustment. In the event of a decrease of the Consumer Price Index as of June 30 for the preceding year, the retirement allowance of a beneficiary shall not be subject to any adjustment on the next following January 1; provided, however, that:
      1. such decrease shall be applied as an offset against the first subsequent year's increase of the Consumer Price Index, up to the full amount of such increase; and
      2. to the extent that such decrease is greater than such subsequent year's increase, such decrease shall be offset in the same manner against two or more years of such increases, for up to but not exceeding five subsequent years of such increases, until fully offset.
    3. For purposes of subsection (a) of this section, the maximum amount of any increase or decrease utilized to determine the net percentage increase shall be five percent. For purposes of subsection (b) of this section, the maximum amount of any increase or decrease utilized to determine the net percentage increase shall be five percent, and any increase or decrease less than one percent shall be assigned a value of one percent.
    4. As used in this section, "Consumer Price Index" shall mean the Northeast Region Consumer Price Index for all urban consumers, designated as "CPI-U," in the northeast region, as published by the U.S. Department of Labor, Bureau of Labor Statistics.

      Added 1971, No. 233 (Adj. Sess.), § 1; amended 1981, No. 41 , § 35; 1989, No. 169 (Adj. Sess.), § 8; 1991, No. 64 , § 8, eff. June 18, 1991; 1991, No. 247 (Adj. Sess.), § 5; 1999, No. 158 (Adj. Sess.), § 13; 2009, No. 74 (Adj. Sess.), § 7; 2009, No. 139 (Adj. Sess.), §§ 6a, 6b, 7, 13; 2011, No. 63 , § H.2; 2015, No. 114 (Adj. Sess.), § 7; 2019, No. 131 (Adj. Sess.), § 88.

    History

    2013 (Adj. Sess.) In subsec. (c), substituted "As used in" for "For the purposes of " to conform to V.S.A. style.

    Revision note - This section was added as § 1949(a) but was renumbered as § 1949 to conform to V.S.A. style.

    Amendments--2019 (Adj. Sess.). Subsec. (a): Substituted "thereafter" for "subsequent thereto" in the first sentence.

    Amendments--2015 (Adj. Sess.). Section amended generally.

    Amendments--2011. Section heading: Substituted "Postretirement" for "Post-retirement".

    Subsec. (c): Inserted "Northeast Region" preceding "consumer" and "in the northeast region," preceding "as published".

    Amendments--2009 (Adj. Sess.) Subsec. (a): Act No. 139 deleted "or decrease" following "increase" and "or decreased, as the case may be" following "increased" wherever it appeared throughout the subsec.

    Subsec. (b): Act No. 74 substituted "that" for "such" preceding "December" in the third sentence and inserted "having attained the age of 57 or completed at least 25 years of creditable service as of June 30, 2010, and" following "members" and "and shall apply to group C members not having attained the age of 57 or having completed at least 25 years of creditable service as of June 30, 2010, and receiving an early retirement allowance only in the year following the member's attainment of age 65 or when the combination of the member's age and years of creditable service totals 90," following "age 62," in the fourth sentence.

    Subsec. (b): Act No. 139, § 6b, deleted "or decrease" following "increase" and "or decreased, as the case may be" following "increased" wherever it appeared throughout the subsec.

    Subsec. (b): Act No. 139, § 7, deleted "or when the combination of the member's age and years of creditable service totals 90" following "attainment of age 65" in the next to last sentence.

    Subsec. (d): Added by Act No. 139.

    Amendments--1999 (Adj. Sess.). Inserted "and the minimum shall be one percent" following "shall be five percent" in the fifth sentences of subsecs. (a) and (b).

    Amendments--1991 (Adj. Sess.). Subsec. (b): Deleted "or a normal" preceding "retirement" in the fourth sentence.

    Amendments--1991. Subsec. (b): Inserted "or a normal" preceding "retirement" in the fourth sentence.

    Amendments--1989 (Adj. Sess.). Subsec. (b): Substituted "group C" for "group B" preceding "members" in the first and fourth sentences.

    Amendments--1981. Added "for all group A members" at the beginning of the first sentence of subsec. (a), added a new subsec. (b), redesignated former subsec. (b) as subsec. (c) and substituted "shall mean" for "means" preceding "the consumer price index" and "for all urban consumers, designated as 'CPI-U'" for "(all items - United States City Average)" thereafter in that subsec.

    Cost of living adjustments. 2011, No. 63 , § I.100(c) provides: "Secs. H.2 [which amended this section] of this act shall take effect on July 1, 2011, with determinations for cost of living adjustments as required by 3 V.S.A. § 470, 16 V.S.A. § 1949, and 24 V.S.A. § 5067 being made on January 1, 2012 pursuant to the Northeast Region Consumer Price Index as of June 30, 2011."

    § 1950. Repealed. 1989, No. 169 (Adj. Sess.), § 11.

    History

    Former § 1950. Former § 1950, relating to election of Group A members to Group B membership, was derived from 1981, No. 41 , § 36.

    § 1951. Group A members; limit on contributions.

    Contributions in the form of a deduction from compensation under section 1944 of this title shall cease for any Group A member who attains 25 years of creditable service and the member shall continue to accrue creditable service, without such a contribution, at the rate of one and two-thirds percent until the member retires.

    Added 1989, No. 169 (Adj. Sess.), § 9; amended 2017, No. 165 (Adj. Sess.), § 23.

    History

    Amendments--2017 (Adj. Sess.). Deleted the former second and third sentences.

    § 1952. Repealed. 2013, No. 22, § 17, eff. July 1, 2013.

    History

    Former § 1952. Former § 1952, relating to election to Group B membership, was derived from 1989, No. 169 (Adj. Sess.), § 10.

    § 1953. Prior service credit.

    A teacher who has ceased being a member upon reemployment is entitled to prior service credit upon depositing in the Pension Fund the contributions that would have been deducted from the teacher's compensation had he or she remained a member with interest as set forth in section 1944 of this title. The teacher, in order to qualify for the prior service credit, shall also deposit in the Fund a sum equal to the contributions that would have been contributed by the State had the teacher remained a member with interest as set forth in section 1944 of this title.

    Added 2005, No. 104 (Adj. Sess.), § 1; amended 2007, No. 13 , § 35; 2017, No. 165 (Adj. Sess.), § 24.

    History

    Amendments--2017 (Adj. Sess.). Inserted "Pension" preceding "Fund" following "in the".

    Amendments--2007. Deleted "annuity savings" preceding "fund" in the first sentence and "pension accumulation" preceding "fund" in the second sentence.

    CHAPTER 57. LABOR RELATIONS FOR TEACHERS AND ADMINISTRATORS

    History

    Amendments--2013 (Adj. Sess.) 2013, No. 92 (Adj. Sess.), § 173, eff. Feb. 14, 2014, added "and Administrators" in the chapter heading.

    Purpose. 1969, No. 127 , § 1, provided: "In order to forward the orderly growth and development of education in Vermont it is hereby declared to be the policy of the state to promote the improvement of communications and agreements between certificated employees of the schools within the state and the school boards of those schools by providing a procedure whereby certificated school employees may join associations of their choice and be represented by such associations in arriving at agreements with school boards on the terms and conditions of their professional service and other matters mutually agreed upon."

    Cross References

    Cross references. Municipal labor relations generally, see 21 V.S.A. chapter 22.

    State employees labor relations generally, see 3 V.S.A. chapter 27, subchapter 1.

    State labor relations generally, see 21 V.S.A. chapter 19, subchapter 1.

    Subchapter 1. General Provisions

    History

    Law review commentaries

    Law review. The Negotiating Impasse in Labor Relations for Teachers, see 5 Vt. L. Rev. 40 (1980).

    § 1981. Definitions.

    As used in this chapter unless the context requires otherwise:

    1. "Administrator" means any person so licensed by the Vermont Standards Board for professional educators, the majority of whose employed time in a school or a school district is devoted to serving as superintendent, assistant superintendent, assistant to the superintendent, supervisor, principal, or assistant principal.
    2. "Professional negotiations" means the meeting, conferring, consulting, discussing, and negotiating in good faith between a school board negotiations council and a teachers' organization negotiations council or an administrators' organization negotiations council to reach agreement.
    3. "School board" means the board of school directors of a school district or its equivalent in any independent elementary or secondary school.
    4. "School district" means any public school district or any independent elementary or secondary school within the State that directly or indirectly receives support from public funds.
    5. "Teacher" means any person licensed employable as a teacher by the Vermont Standards Board for Professional Educators who is not an administrator as defined in this section.
    6. A "teachers' organization" or an "administrators' organization" means an organization, committee, council, group, or separate unit thereof in which teachers or administrators participate and that exists, in whole or in part, for the purpose of professional negotiation.
    7. "Agency fee" means a fee deducted by an employer from the salary or wages of an employee who is not a member of an employee organization, which is paid to the employee organization that is the exclusive bargaining agent for the bargaining unit of the employee. The agency fee shall not exceed 85 percent of the amount payable as dues by members of the employee organization and shall be deducted in the same manner as dues are deducted from the salary or wages of members of the employee organization and shall be used to defray the costs of chargeable activities.
    8. "School board negotiations council" means, for a supervisory district, its school board, and, for school districts within a supervisory union, the body comprising representatives designated by each school board within the supervisory union and by the supervisory union board to engage in professional negotiations with a teachers' or administrators' organization.
    9. "Teachers' organization negotiations council" or "administrators' organization negotiations council" means the body comprising representatives designated by each teachers' organization or administrators' organization within a supervisory district or supervisory union to act as its representative for professional negotiations.

      Added 1969, No. 127 , § 2, eff. Sept. 1, 1969; amended 1989, No. 118 , § 3; 1991, No. 24 , § 11; 2005, No. 25 , § 1; 2005, No. 214 (Adj. Sess.), § 4; eff. July 1, 2007; 2007, No. 82 , § 29; 2009, No. 153 (Adj. Sess.), § 13; 2013, No. 37 , § 10; 2013, No. 56 , § 24, eff. May 30, 2013; 2013, No. 92 (Adj. Sess.), § 304, eff. Feb. 14, 2014; 2017, No. 74 , § 22; 2019, No. 131 (Adj. Sess.), § 89.

    History

    Amendments--2019 (Adj. Sess.). Subdiv. (5): Deleted "herein" preceding "defined" and inserted "in this section" at the end.

    Amendments--2017. Subdiv. (7): Substituted "agency" for "collective bargaining service" preceding "fee" in the second sentence.

    Amendments--2013 (Adj. Sess.). Subdiv. (8): Inserted "and by the supervisory union board".

    Amendments--2013. Subdiv. (a)(7): Act 37 rewrote the definition of "agency fee".

    Subdiv. (8): Act 56 inserted "and by the supervisory union board." following "union".

    Amendments--2009 (Adj. Sess.) Subdivs. (8) and (9): Deleted former subdivs. (A) and (B).

    Amendments--2007. Subdiv. (2): Inserted "negotiations council" following "school board" and twice following "organization".

    Subdiv. (6): Inserted a comma following "group".

    Subdivs. (8), (9): Added.

    Amendments--2005 (Adj. Sess.). Subdivs. (1), (5): Substituted "Vermont standards board for professional educators" for "state board of education".

    Amendments--2005. Subdiv. (7): Added.

    Amendments--1991 Substituted "independent" for "quasi-public or private" preceding "elementary" in subdivs. (3) and (4).

    Amendments--1989 Subdiv. (1): Substituted "licensed" for "certified" following "person so".

    Subdiv. (5): Substituted "licensed" for "certified" preceding "employable".

    § 1982. Rights.

    1. Teachers shall have the right to or not to join, assist, or participate in any teachers' organization of their choosing. However, teachers who choose not to join the teachers' organization, recognized as the exclusive representative pursuant to section 1992 of this chapter, shall pay the agency fee in the same manner as teachers who choose to join the teachers' organization pay membership fees. The teachers' organization shall indemnify and hold the school board harmless from any and all claims stemming from the implementation or administration of the agency fee.
    2. Principals, assistant principals, and administrators other than superintendents and assistant superintendents shall have the right to or not to join, assist, or participate in any administrators' organization or as a separate unit of any teachers' organization of their choosing. However, subject to the provisions of subsection (d) of this section, administrators other than the superintendents and assistant superintendents who choose not to join the administrators' organization, recognized as the exclusive representative pursuant to section 1992 of this chapter, shall pay the agency fee in the same manner as administrators who choose to join the administrators' organization pay membership fees. The administrators' organization agrees to indemnify and hold the school harmless from any and all claims stemming from the implementation or administration of the agency fee.
    3. The school board or any employee of the school board serving in any capacity or any other person or organization shall not interfere with, restrain, coerce, or discriminate in any way against or for any teacher or administrator engaged in activities protected by this legislation.
    4. A teachers' or administrators' organization shall not charge the agency fee unless it has established and maintained a procedure to provide nonmembers with:
      1. An audited financial statement that identifies the major categories of expenses and divides them into chargeable and nonchargeable expenses.
      2. An opportunity to object to the amount of the agency fee sought, and to place in escrow any amount reasonably in dispute.
      3. Prompt arbitration by an arbitrator selected jointly by the objecting fee payer and the teachers' or administrators' organization or pursuant to the rules of the American Arbitration Association to resolve any objection over the amount of the agency fee. The costs of arbitration shall be paid by the teachers' or administrators' organization.
    5. Nothing in this section shall require an employer to discharge an employee who does not pay the agency fee.
    6. A teacher or administrator who is a member of the teachers' or administrators' organization shall have the right to automatic membership dues deductions. Upon receipt of a signed authorization to commence automatic membership dues deductions from a teacher or administrator, the school board shall, as soon as practicable and in any event, not later than 30 calendar days after receiving the authorization, commence withholding from the teacher's or administrator's wages the amount of membership dues certified by the teachers' or administrators' organization. The school board shall transmit the amount withheld to the teachers' or administrators' organization on the same day as the teacher or administrator is paid. Nothing in this subsection shall be construed to require a member of a teachers' or administrators' organization to participate in automatic dues deduction.

      Added 1969, No. 127 , § 2, eff. Sept. 1, 1969; amended 2005, No. 25 , § 2; 2013, No. 37 , § 11; 2019, No. 180 (Adj. Sess.), § 6, eff. Jan. 1, 2021.

    History

    Amendments--2019 (Adj. Sess.) Subsec. (f): Added.

    Amendments--2013. Section amended generally.

    Amendments--2005. Added the second sentence in subsecs. (a) and (b).

    ANNOTATIONS

    Analysis

    1. Compulsory membership in state or national organization.

    A unified local of a teacher's organization cannot require a prospective member to join the state and national organizations as a condition of membership in the local. 1972-74 Op. Atty. Gen. 193.

    2. Agency fees.

    Imposition of an agency fee paid to bargaining unit in lieu of dues from teachers who are not members of bargaining unit is prohibited by subsec. (a) of this section. Weissenstein v. Burlington Board of School Commissioners, 149 Vt. 288, 543 A.2d 691 (1988).

    The provisions of section 1726(a)(8) of Title 21 permitting agency service fee agreements for municipal employees were not extended to teachers by virtue of the enactment of section 1735 of Title 21, which provides that teachers shall be considered municipal employees for purposes of representation in, and prevention of, unfair labor practices under sections 1726-1729 of Title 21, since section 1735 also provides that it does not alter or repeal the provisions of this chapter, and agency fee agreements are prohibited by subsec. (a) of this section. Weissenstein v. Burlington Board of School Commissioners, 149 Vt. 288, 543 A.2d 691 (1988).

    Cited. Hinesburg School District v. Vermont NEA, 147 Vt. 558, 522 A.2d 222 (1986).

    § 1983. Right to be heard.

    Nothing in this chapter shall prohibit any individual or organization representative, subject to reasonable rules of procedure that may be adopted by the school board, from appearing before the school board to be heard, but not to negotiate, on any matters of school district operation.

    Added 1969, No. 127 , § 2, eff. Sept. 1, 1969; amended 2013, No. 92 (Adj. Sess.), § 174, eff. Feb. 14, 2014.

    History

    Amendments--2013 (Adj. Sess.). Substituted "in this chapter" for "contained herein" and "that" for "which".

    § 1984. Access to new teachers or administrators in bargaining unit.

    1. A school board shall provide a teachers' or administrators' organization that is the exclusive representative of the teachers or administrators in a bargaining unit with an opportunity to meet with each newly hired teacher or administrator in the bargaining unit to present information about the teachers' or administrators' organization.
      1. The meeting shall occur during the new teacher's or administrator's orientation or, if the school board does not conduct an orientation for newly hired teachers or administrators, within 30 calendar days from the date on which the teacher or administrator was hired. (b) (1)  The meeting shall occur during the new teacher's or administrator's orientation or, if the school board does not conduct an orientation for newly hired teachers or administrators, within 30 calendar days from the date on which the teacher or administrator was hired.
      2. If the meeting is not held during the new teacher's or administrator's orientation, it shall be held during the new teacher's or administrator's regular work hours and at his or her regular worksite or a location mutually agreed to by the school board and the teachers' or administrators' organization.
      3. The employee organization shall be permitted to meet with the employee for not less than 60 minutes.
      4. The teacher or administrator shall be paid for attending the meeting at his or her regular rate of pay.
      1. Within 10 calendar days after hiring a new teacher or administrator, the school board shall provide the teachers' or administrators' organization, as appropriate, with his or her name, job title, worksite location, work telephone number and e-mail address, home address, personal e-mail address, home and personal cellular telephone numbers, and date of hire to the extent that the school board is in possession of such information. (c) (1)  Within 10 calendar days after hiring a new teacher or administrator, the school board shall provide the teachers' or administrators' organization, as appropriate, with his or her name, job title, worksite location, work telephone number and e-mail address, home address, personal e-mail address, home and personal cellular telephone numbers, and date of hire to the extent that the school board is in possession of such information.
      2. The teachers' or administrators' home address, personal e-mail address, and home and personal cellular telephone numbers shall be kept confidential by the employer and the teachers' or administrators' organization and shall be exempt from copying and inspection under the Public Records Act.
    2. The school board shall provide the teachers' or administrators' organization with not less than 10 calendar days' notice of an orientation for newly hired teachers or administrators in its bargaining unit.

      Added 2019, No. 180 (Adj. Sess.), § 12, eff. Jan. 1, 2021.

    § 1985. Annual list of teachers or administrators in bargaining unit.

    1. Annually, or on a more frequent basis if mutually agreed to by the school board and the teachers' or administrators' organization, the school board shall provide the teachers' or administrators' organization that is the exclusive representative of a bargaining unit with a list of all teachers or administrators in that bargaining unit.
    2. The list shall include, as appropriate, each teacher's or administrator's name, work location, job classification, and contact information. As used in this section, "contact information" includes a teacher's or administrator's home address, personal e-mail address, and home and personal cellular telephone numbers to the extent that the school board is in possession of such information.
    3. To the extent possible, the list shall be in alphabetical order by last name and provided in electronic format.
    4. The list shall be kept confidential by the school board and the teachers' or administrators' organization and shall be exempt from copying and inspection under the Public Records Act.

      Added 2019, No. 180 (Adj. Sess.), § 16, eff. Jan. 1, 2021.

    Subchapter 2. Bargaining Agent

    § 1991. Selection of representation.

    1. Teachers and administrators may select organizations to represent them on their negotiations council in collective negotiations with the school board negotiations council. The school board shall recognize an organization as the exclusive representative of the teachers or of the administrators in the school district when that organization has proved its claim to sole and exclusive representative status of the respective group as provided in this chapter. The superintendent, the assistant superintendent, and the principal shall not serve as negotiating agents for the teachers' organization.
    2. When close or disputed questions of eligibility to vote and inclusion in the unit to be represented by the teachers' organization arise, the general principle to be adhered to shall be that eligibility to vote and inclusion in that negotiating unit will be limited to all teachers in the school district under contract and actually engaged in full-time or part-time positions that are not that of administrator.
    3. The organizations selected to represent teachers or administrators shall represent without discrimination or prejudice all of those eligible for inclusion in the negotiating unit without regard to organizational affiliation or membership.

      Added 1969, No. 127 , § 2, eff. Sept. 1, 1969; amended 2007, No. 82 , § 30; 2013, No. 92 (Adj. Sess.), § 175, eff. Feb. 14, 2014.

    History

    Amendments--2013 (Adj. Sess.). Subsec. (a): deleted "hereinafter" following "group as" and inserted "in this chapter" following "provided".

    Amendments--2007. Subsec. (a): Inserted "on their negotiations council" following "them" and "negotiations council" following "school board" in the first sentence.

    ANNOTATIONS

    Cited. Hinesburg School District v. Vermont NEA, 147 Vt. 558, 522 A.2d 222 (1986).

    Law review commentaries

    Law review. The Negotiating Impasse in Labor Relations for Teachers, see 5 Vt. L. Rev. 40 (1980).

    § 1992. Referendum procedure for representation.

      1. An organization purporting to represent a majority of all of the teachers or administrators employed by the school board may be recognized by the school board without the necessity of a referendum upon the submission of a petition bearing the valid signatures of a majority of the teachers or administrators employed by that school board. Within 15 calendar days after receiving the petition, the school board shall notify the teachers or administrators of the school district in writing of its intention to either require or waive a secret ballot referendum. If the school board gives notice of its intention to waive a referendum and recognize an organization, 10 percent of the teachers or administrators employed by the school board may submit a petition within 15 calendar days thereafter, objecting to the granting of recognition without a referendum, in which event a secret ballot referendum shall be held in the district for the purpose of choosing an exclusive representative as provided pursuant to the provisions of this section. (a) (1)  An organization purporting to represent a majority of all of the teachers or administrators employed by the school board may be recognized by the school board without the necessity of a referendum upon the submission of a petition bearing the valid signatures of a majority of the teachers or administrators employed by that school board. Within 15 calendar days after receiving the petition, the school board shall notify the teachers or administrators of the school district in writing of its intention to either require or waive a secret ballot referendum. If the school board gives notice of its intention to waive a referendum and recognize an organization, 10 percent of the teachers or administrators employed by the school board may submit a petition within 15 calendar days thereafter, objecting to the granting of recognition without a referendum, in which event a secret ballot referendum shall be held in the district for the purpose of choosing an exclusive representative as provided pursuant to the provisions of this section.
          1. An organization seeking to represent the teachers or administrators employed by a school board may petition the school board for a list of the teachers or administrators in the proposed bargaining unit.
          2. An organization or group of teachers or administrators, or any person purporting to act on their behalf, that is seeking to demonstrate that the current exclusive representative of the teachers or administrators is no longer supported by a majority of the teachers or administrators employed by that school board shall not be entitled to obtain a list of the employees in the bargaining unit pursuant to this subdivision (a)(2).
        1. Unless the parties agree to a longer period, within five business days after receiving the petition, the school board shall file with the organization a list of the names and job titles of the teachers or administrators in the proposed bargaining unit. To the extent possible, the list of employees shall be in alphabetical order by last name and provided in electronic format.
    1. Recognition granted to a negotiating unit as exclusive representative shall be valid and not subject to challenge by referendum petition or otherwise for the remainder of the fiscal year in which recognition is granted and for an additional period of 12 months after final adoption of the budget for the succeeding fiscal year and shall continue thereafter until a new referendum is called for.
        1. A secret ballot referendum shall be held not more than 21 calendar days after 20 percent of the teachers or administrators employed by the school board present a petition requesting a referendum on the matter of representation, except during a period of prior recognition, as provided pursuant to subsection (b) of this section. (c) (1) (A)  A secret ballot referendum shall be held not more than 21 calendar days after 20 percent of the teachers or administrators employed by the school board present a petition requesting a referendum on the matter of representation, except during a period of prior recognition, as provided pursuant to subsection (b) of this section.
        2. The parties may mutually agree to extend the time to hold the election set forth in subdivision (A) of this subdivision (1).
        3. Any organization interested in representing teachers or administrators in the school district shall have the right to appear on the ballot by submitting a petition supported by ten percent or more of the teachers or administrators in the school district.
        1. Unless the school board and the organization agree to a longer period, within two business days after the petition is presented, the school board shall file with the organization that will be named on the ballot a list of the teachers or administrators in the bargaining unit. (2) (A) Unless the school board and the organization agree to a longer period, within two business days after the petition is presented, the school board shall file with the organization that will be named on the ballot a list of the teachers or administrators in the bargaining unit.
        2. The list shall include, as appropriate, each teacher's or administrator's name, work location, job classification, and contact information. As used in this subdivision (2), "contact information" includes a teacher's or administrator's home address, personal e-mail address, and home and personal cellular telephone numbers to the extent that the school board is in possession of such information.
        3. To the extent possible, the list of teachers or administrators shall be in alphabetical order by last name and provided in electronic format.
        4. The list shall be kept confidential by the school board and the organization and shall be exempt from copying and inspection under the Public Records Act.
        5. Failure to file the list within the time required pursuant to subdivision (A) of this subdivision (2) shall be an unfair labor practice and may be grounds for the Vermont Labor Relations Board to set aside the results of the referendum if an unfair labor practice charge is filed not more than 10 business days after the referendum.
    2. In the interest of expediting the referendum and minimizing the cost thereof, the petitioning party or parties and the school board may agree together to conduct cooperatively the referendum themselves.  Alternatively, the parties may select an impartial person or agency to conduct or aid in the conducting of the referendum.  Failing agreement among all interested parties on the conduct of the referendum, any of the petitioning parties or the school board may request that the referendum be conducted with the aid and assistance of the American Arbitration Association or its designee.  The American Arbitration Association or its designee shall have the responsibility for making decisions on any and all matters in dispute regarding the mechanics of the referendum, eligibility, and other necessary decisions relating to the conduct of the referendum.
    3. All costs incurred in conducting the referendum shall be borne jointly by the school board and the petitioners.
    4. The ballot used in any referendum shall include "no representation" among the choices.  The organization designated by the majority of the votes cast shall be the negotiating representative.  If the majority is "no representation," then the school board may not recognize any representative for at least 12 months thereafter.  If no choice receives a majority vote, then a run-off referendum shall be conducted among the two choices receiving the greatest number of votes.

      Added 1969, No. 127 , § 2, eff. Sept. 1, 1969; amended 2019, No. 131 (Adj. Sess.), § 90; 2019, No. 180 (Adj. Sess.), § 2, eff. Jan. 1, 2021.

    History

    Amendments--2019 (Adj. Sess.) Act No. 131. Subsec. (c): Deleted "hereinbefore" preceding "provided" and inserted "in this section" in the first sentence.

    Act No. 180. Subsec. (a): Rewrote subsec.

    Act No. 180. Subsec. (c): Rewrote subsec.

    Subchapter 3. Negotiations

    ANNOTATIONS

    1. Construction.

    Sections of this subchapter aimed at directing or controlling the conduct of the parties in the negotiation stage of the collective bargaining process do not compel school board to submit to arbitration. Fairchild v. West Rutland School District, 135 Vt. 282, 376 A.2d 28 (1977).

    History

    Law review commentaries

    Law review. The Negotiating Impasse in Labor Relations for Teachers, see 5 Vt. L. Rev. 40 (1980).

    § 2001. Good faith.

    The negotiations councils of the school board and of the recognized teachers' or administrators' organization shall meet together at reasonable times, upon request of either party, and shall negotiate in good faith on all matters properly before them under the provisions of this chapter.

    Added 1969, No. 127 , § 2, eff. Sept. 1, 1969; amended 2007, No. 82 , § 31.

    History

    Amendments--2007. Inserted "negotiations councils of the" preceding "school" and "of" following "and"; and substituted "teachers' or administrators'" for "teacher or administration".

    ANNOTATIONS

    Cited. Chittenden South Education Association, Hinesburg Unit v. Hinesburg School District, 147 Vt. 286, 514 A.2d 1065 (1986).

    § 2002. Access to materials and facilities.

    The school board shall permit teachers, administrators, and their respective organizations access at reasonable times to areas in which teachers and administrators work, and to use institutional bulletin boards, mail boxes, or other communication media subject to reasonable regulation by the school board, and to use school facilities at reasonable times for the purpose of meetings concerned with the exercise of rights guaranteed by this chapter.

    Added 1969, No. 127 , § 2, eff. Sept. 1, 1969.

    ANNOTATIONS

    Cited. Chittenden South Education Association, Hinesburg Unit v. Hinesburg School District, 147 Vt. 286, 514 A.2d 1065 (1986).

    § 2003. Time to begin.

    The teacher or administrator organizations holding exclusive negotiating rights shall make a request for commencement of negotiations either to their school board or to the school board negotiations council no later than 120 days prior to the earliest school district annual meeting conducted within the supervisory union.

    Added 1969, No. 127 , § 2, eff. Sept. 1, 1969; amended 2007, No. 82 , § 32.

    History

    Amendments--2007. Section amended generally.

    ANNOTATIONS

    Cited. Chittenden South Education Association, Hinesburg Unit v. Hinesburg School District, 147 Vt. 286, 514 A.2d 1065 (1986).

    § 2004. Agenda.

    1. The school board, through its negotiations council, shall, upon request, negotiate with representatives of the teachers' or administrators' organization negotiations council on matters of salary, related economic conditions of employment, the manner in which it will enforce an employee's obligation to pay the agency fee, procedures for processing complaints and grievances relating to employment, and any mutually agreed-upon matters not in conflict with the statutes and laws of the State of Vermont.
    2. As used in this section, the terms "salary" and "related economic conditions of employment" shall not include health care benefits or coverage other than stand-alone vision and dental benefits. Health care benefits and health coverage, excluding stand-alone vision and dental benefits but including health reimbursement arrangements and health savings accounts, shall not be subject to collective bargaining pursuant to this chapter, but shall be determined pursuant to chapter 61 of this title.

      Added 1969, No. 127 , § 2, eff. Sept. 1, 1969; amended 2005, No. 25 , § 3; 2007, No. 82 , § 33; 2013, No. 37 , § 12; 2017, No. 74 , § 23; 2018, No. 11 (Sp. Sess.), § H.19, eff. Jan. 1, 2020.

    History

    Amendments--2018 (Sp. Sess.). Subsec. (a): Added the subsec. designation and substituted "agreed-upon" for "agreed upon" preceding "matters".

    Subsec. (b): Added.

    Amendments--2017. Deleted "service" following "pay the agency".

    Amendments--2013. Substituted "the manner in which it will enforce an employee's obligation to pay the" for "an" preceding "agency service fee".

    Amendments--2007. Substituted "through its negotiations council" for "either directly or through authorized representatives" following "school board" and "teachers' or administrators' organization negotiations council" for "recognized organizations" preceding "on matters of".

    Amendments--2005. Inserted "an agency service fee" following "related economic conditions of employment".

    Effective date and applicability of 2018 (Sp. Sess.) amendment. 2018, No. 11 (Sp. Sess.), § H.31(a)(6) provides: "Secs. H.19-H.22 (subjects for collective bargaining) [which amended this section, 16 V.S.A. § 2005, and 21 V.S.A. §§ 1722 and 1725] shall take effect on January 1, 2020 and shall apply to all collective bargaining agreements between a supervisory union or school district and school employees that take effect on or after that date."

    Cross References

    Cross references. Bargaining as to conditions of employment relating to legal holidays, see § 1072 of this title.

    ANNOTATIONS

    Analysis

    1. Grievance procedures.

    The use of grievance procedures by teachers and their school boards, as a means of resolving disputes that arise between them in regard to the rules that govern their employment relationship, is expressly authorized by this section. Morton v. Essex Town School District, 140 Vt. 345, 443 A.2d 447 (1981).

    2. Construction with other provisions.

    Statute governing the agenda for labor relations for teachers and administrators authorizes schools and teachers' representatives to negotiate various terms of employment, including procedures for processing complaints and grievances relating to employment; it does not authorize parties to negotiate terms that would contravene the provisions of the statute governing the suspension and dismissal of teachers. The only provision in the latter statute that is subject to negotiation is the provision which deals with the nonrenewal of a teacher's contract; if the Legislature intended to make the entirety of the suspension and dismissal statute subject to negotiation, it would have explicitly included "unless otherwise negotiated" in each subsection or in an introductory subsection that applied to the section as whole. Northfield Sch. Bd. v. Washington S. Educ. Ass'n, 210 Vt. 15, 210 A.3d 460 (2019).

    Cited. Danville Board of School Directors v. Fifield, 132 Vt. 271, 315 A.2d 473 (1974); Chittenden South Education Association, Hinesburg Unit v. Hinesburg School District, 147 Vt. 286, 514 A.2d 1065 (1986).

    § 2005. Written agreement.

    The negotiations councils for the school board and the teachers' or administrators' organization shall enter into a written agreement or agreements incorporating matters agreed to in negotiation. The written agreement shall incorporate by reference the terms of the agreement entered into pursuant to chapter 61 of this title.

    Added 1969, No. 127 , § 2, eff. Sept. 1, 1969; amended 2007, No. 82 , § 34; 2018, No. 11 (Sp. Sess.), § H.20, eff. Jan. 1, 2020; 2019, No. 131 (Adj. Sess.), § 91.

    History

    Amendments--2019 (Adj. Sess.). Deleted "therein" following "incorporating".

    Amendments--2018 (Sp. Sess.). Added the second sentence.

    Amendments--2007. Inserted "negotiations councils for the" preceding "school board"; substituted "teachers' or administrators'" for "recognized" preceding "organization" and inserted "or agreements" following "agreement".

    Effective date and applicability of 2018 (Sp. Sess.) amendment. 2018, No. 11 (Sp. Sess.), § H.31(a)(6) provides: "Secs. H.19-H.22 (subjects for collective bargaining) [which amended this section, 16 V.S.A. § 2004, and 21 V.S.A. §§ 1722 and 1725] shall take effect on January 1, 2020 and shall apply to all collective bargaining agreements between a supervisory union or school district and school employees that take effect on or after that date."

    ANNOTATIONS

    Cited. Morton v. Essex Town School District, 140 Vt. 345, 443 A.2d 447 (1981); Chittenden South Education Association, Hinesburg Unit v. Hinesburg School District, 147 Vt. 286, 514 A.2d 1065 (1986).

    § 2006. Mediator.

    If, after negotiation has taken place on all matters properly before them, the negotiations councils for the school board and teachers' or administrators' organization are unable to reach agreement on specific negotiable items, they may jointly agree upon the services and person of a mediator for the purpose of assisting them in reconciling their differences and resolving the controversy on terms that are mutually acceptable. If agreement cannot be reached upon the person of a mediator, either party may request mediation upon any and all unresolved issues to be conducted by the American Arbitration Association or its designee. The parties shall meet with the mediator and make such information available as required.

    Added 1969, No. 127 , § 2, eff. Sept. 1, 1969; amended 2007, No. 82 , § 35.

    History

    Amendments--2007. Inserted "negotiations councils for the" preceding "school board"; substituted "teachers' or administrators'" for "negotiating" preceding "organization" in the first sentence and deleted "then" preceding "either party" in the second sentence.

    ANNOTATIONS

    Cited. Chittenden South Education Association, Hinesburg Unit v. Hinesburg School District, 147 Vt. 286, 514 A.2d 1065 (1986).

    § 2007. Fact-finding committee.

    1. If mediation fails to resolve outstanding differences or is not requested and a continuing disagreement persists, either party may, after negotiation on all matters properly before them, request that any or all unresolved issues be submitted to a fact-finding committee by notifying the other party of their intention and setting forth in writing the issues to be submitted to fact-finding.
    2. The fact-finding committee, which shall be activated as soon as practicable upon request, shall be composed of one member selected by the school board negotiations council, one member selected by the negotiations council for the teachers' or administrators' organization, and one member who shall serve as chair, to be chosen by the other two members. In the event that agreement cannot be reached on a third member for the fact-finding committee, the American Arbitration Association shall be asked to appoint the third member.
    3. The fact-finding committee shall convene as soon as practicable after its appointment, hold informal hearings as necessary, and provide adequate opportunity to all parties to testify fully on, and present evidence regarding, their respective positions.  All parties to the dispute shall furnish the fact-finding committee upon its request all records, papers, and information in their possession pertaining to any matter properly in issue before the fact-finding committee.  The fact-finding committee shall make a written report and shall deliver it to both parties recommending a reasonable basis for the settlement of the disagreement within 30 days after the appointment of all members of the committee.
    4. The report of the fact-finding committee shall be advisory only and shall not be binding on either party.  The report shall be made public by the fact-finding committee if the issues in dispute have not been resolved within ten days of the delivery of the report.
    5. All expenses of fact-finding and mediation shall be borne jointly by the parties to the dispute.

      Added 1969, No. 127 , § 2, eff. Sept. 1, 1969; amended 2007, No. 82 , § 36.

    History

    Amendments--2007. Subsec. (b): Inserted "negotiations council" following "school board"; substituted "negotiations council for the teachers' or administrators'" for "negotiating" preceding "organization" and "chair" for "chairman" following "serve as" in the first sentence.

    ANNOTATIONS

    Cited. Chittenden South Education Association, Hinesburg Unit v. Hinesburg School District, 147 Vt. 286, 514 A.2d 1065 (1986).

    § 2008. Finality of decisions.

    All decisions of the school board regarding matters in dispute in negotiations shall, after full compliance with this chapter, be final.

    Added 1969, No. 127 , § 2, eff. Sept. 1, 1969.

    ANNOTATIONS

    Analysis

    1. Purpose.

    This section serves to ensure that school boards provide teacher associations with advance notice of, and an opportunity to negotiate over, any proposed changes in the conditions of their employment before such changes are unilaterally imposed on them. Chittenden South Education Association, Hinesburg Unit v. Hinesburg School District, 147 Vt. 286, 514 A.2d 1065 (1986).

    2. Matters not in dispute.

    This section allows a school board to make final decisions regarding matters in dispute after the parties have failed to reach agreement through the process of negotiation, mediation, and fact finding, but matters that are not in dispute have not been made part of the bargaining process, and thus cannot be unilaterally deleted or added pursuant to a declaration of finality under this section. Chittenden South Education Association, Hinesburg Unit v. Hinesburg School District, 147 Vt. 286, 514 A.2d 1065 (1986).

    § 2009. Delegation of authority.

    The negotiations councils for school boards and for teachers' and administrators' organizations are empowered to delegate in whole or in part the responsibility for negotiation of the collective agreement to any persons they may choose. However, final ratification of any agreement on behalf of a school board shall remain the sole responsibility of the school board, unless the school board has agreed to binding interest arbitration pursuant to subchapter 4 of this chapter.

    Added 1969, No. 127 , § 2, eff. Sept. 1, 1969; amended 1991, No. 196 (Adj. Sess.), § 3; 2007, No. 82 , § 37.

    History

    Amendments--2007. Substituted "The negotiations councils for school" for "School" preceding "boards" and "for teachers' and administrators'" for "negotiating" preceding "organizations" in the first sentence; and substituted "a" for "the" preceding "school board shall remain" in the second sentence.

    Amendments--1991 (Adj. Sess.). Added "unless the school board has agreed to binding interest arbitration pursuant to subchapter 4 of this chapter" at the end of the second sentence.

    § 2010. Injunctions.

    No restraining order or temporary or permanent injunction shall be granted in any case brought with respect to any action taken by a representative organization or an official thereof or by a school board or representative thereof in connection with or relating to pending or future negotiations, except on the basis of findings of fact made by a court of competent jurisdiction after due hearing prior to the issuance of the restraining order or injunction that the commencement or continuance of the action poses a clear and present danger to a sound program of school education that in the light of all relevant circumstances it is in the best public interest to prevent. Any restraining order or injunction issued by a court as provided in this section shall prohibit only a specific act or acts expressly determined in the findings of fact to pose a clear and present danger.

    Added 1969, No. 127 , § 2, eff. Sept. 1, 1969; amended 2019, No. 131 (Adj. Sess.), § 92.

    History

    Amendments--2019 (Adj. Sess.). In the last sentence, deleted "herein" following "court as" and inserted "in this section" following "provided".

    Subchapter 4. Binding Interest Arbitration

    § 2021. Negotiated binding interest arbitration.

    1. Arbitration shall only occur if the recognized organization and one or more of the school boards agree in writing to submit to binding arbitration for one or more issues remaining in dispute. An agreement to accept binding interest arbitration may not be revoked and shall apply only to the parties to the arbitration.
    2. The parties may mutually agree to accept binding interest arbitration at any time after impasse is reached. If the parties have neither accepted all recommendations of a fact-finder nor reached an independent agreement on all issues in dispute, either the school board or the recognized organization may request binding interest arbitration by written notice to the other party. The parties shall mutually agree on one of the following limitations on the jurisdiction of the arbitrator:
      1. Arbitration under which the award is confined to a choice between one of the following single packages:
        1. The last best offer of the school board.
        2. The last best offer of the recognized organization.
      2. Arbitration under which the award is confined to a choice between one of the following on an issue-by-issue basis:
        1. The last best offer of the school board.
        2. The last best offer of the recognized organization.
    3. A strike, which shall have the same meaning as provided in 21 V.S.A. § 1722(16) , shall be prohibited if it occurs after both parties have voluntarily submitted a dispute to final and binding arbitration or after a decision or award has been issued by the arbitrator. A school board may petition for an injunction or other appropriate relief from the Superior Court in the county in which such strike in violation of this section is occurring or is about to occur.
    4. If any provision of this subchapter is inconsistent with any other provision of law governing arbitration, this subchapter shall govern.

      Added 1991, No. 196 (Adj. Sess.), § 1; amended 2007, No. 82 , § 38; 2019, No. 131 (Adj. Sess.), § 93.

    History

    Amendments--2019 (Adj. Sess.). Subsec. (c): In the second sentence, substituted "in" for "within" following "Superior Court" and substituted "in which" for "wherein" following "county".

    Amendments--2007. Subsec. (a): Amended generally.

    § 2022. Selection and decision of arbitrator.

    1. When arbitration has been invoked in accordance with this subchapter, the parties shall within five days mutually select a single arbitrator and each party shall state its final offer on all disputed issues. If the parties fail to select an arbitrator within five days, they shall request the services of the American Arbitration Association for the appointment of an arbitrator.
    2. Within 90 days after the appointment of the arbitrator or another period of time agreed upon by the parties, he or she shall hold a hearing and shall decide all disputed issues within his or her jurisdiction as defined by this chapter, and this award shall become an agreement of the parties.

      Added 1991, No. 196 (Adj. Sess.), § 1.

    § 2023. Jurisdiction of arbitrator.

    1. The parties may reach partial agreement on some issues or accept a fact-finder's recommendations on some issues. The arbitrator shall have the power to determine all issues remaining in dispute involving wages, hours, and conditions of employment as defined by this chapter and any other mutually agreed upon matters not in conflict with law.
    2. At any time prior to the issuance of a decision by the arbitrator, the parties may jointly file with the arbitrator any stipulations setting forth contract provisions that both parties agree to accept. The parties shall submit to the arbitrator their respective positions on all issues in dispute between them in the form of a last best offer.
    3. The arbitrator shall resolve all remaining disputed issues in his or her jurisdiction in accordance with the agreement of the parties. The arbitrator shall incorporate in a written decision the resolution of each disputed issue and an explanation of how the total cost of all offers was considered.

      Added 1991, No. 196 (Adj. Sess.), § 1.

    § 2024. Judicial appeal.

    Upon application of a party, a Superior Court shall vacate an award on the same grounds as set forth in 21 V.S.A. § 1733(d) and according to the same procedures as set forth in 21 V.S.A. § 1733(e) .

    Added 1991, No. 196 (Adj. Sess.), § 1.

    § 2025. Factors to be considered by arbitrator.

    1. At the hearing, each party shall have full opportunity to submit all relevant evidence, to introduce relevant documents and written material, and to argue on behalf of its positions. At the hearing, both parties may present evidence regarding the financial capacity of the school district. The arbitrator shall preside over such hearing.
    2. In reaching a decision, the arbitrator shall give weight to the factors listed in subsection (a) of this section, plus the following factors:
      1. the lawful authority of the school board;
      2. stipulations of the parties;
      3. the interest and welfare of the public and the financial ability of the school board to pay for increased costs of public services, including the cost of labor;
      4. comparisons of the wages, hours, and conditions of employment of the employees involved in the dispute with the wages, hours, and conditions of employment of other employees performing similar services in public schools in comparable communities or in private employment in comparable communities;
      5. the average consumer prices for goods and services commonly known as the cost of living;
      6. the overall compensation presently received by the employees, including direct wages, fringe benefits, and continuity conditions and stability of employment, and all other benefits received; and
      7. prior negotiations and existing conditions of other school and municipal employees.

        Added 1991, No. 196 (Adj. Sess.), § 1.

    § 2026. Notice of award.

    The arbitrator shall file one copy of the decision with each city or town clerk in the school district involved, the school board, and the recognized organization. The decision of the arbitrator shall be final and binding upon the parties to the dispute.

    Added 1991, No. 196 (Adj. Sess.), § 1.

    § 2027. Fees and expenses.

    The parties shall share equally the fee of the arbitrator and all other mutually incurred costs incidental to the arbitration.

    Added 1991, No. 196 (Adj. Sess.), § 1.

    § 2028. Contract ratification annual vote.

    Annually, the employees of the bargaining unit shall meet and discuss whether employees who have chosen not to join the employee organization shall be allowed to vote on the ratification of any collective bargaining agreement entered into pursuant to this chapter. After discussion, employees who are members of the employee organization shall vote on whether to allow employees who have chosen not to join the employee organization to vote on the ratification of any collective bargaining agreement.

    Added 2013, No. 37 , § 13a.

    CHAPTER 59. INTERSTATE AGREEMENT ON QUALIFICATION OF EDUCATIONAL PERSONNEL

    Subchapter 1. Interstate Agreement on Qualification of Educational Personnel

    § 2041. Purpose, findings, and policy - Article I.

    1. To improve their respective school systems by utilizing the teacher or other professional educational person wherever educated, declare that it is the policy of each of them, on the basis of cooperation with one another, to take advantage of the preparation and experience of such persons wherever gained, thereby serving the best interests of society, of education, and of the teaching profession.  It is the purpose of this Agreement to provide for the development and execution of such programs of cooperation as will facilitate the movement of teachers and other professional educational personnel among the States party to it and to authorize specific interstate educational personnel contracts to achieve that end.
    2. The party States find that included in the large movement of population among all sections of the nation are many qualified educational personnel who move for family and other personal reasons but who are hindered in using their professional skill and experience in their new locations. Variations from State to State in requirements for qualifying educational personnel discourage such personnel from taking the steps necessary to qualify in other States.  As a consequence, a significant number of professionally prepared and experienced educators is lost to our school systems. Facilitating the employment of qualified educational personnel, without reference to their States of origin, can increase the available educational resources.  Participation in this Compact can increase the availability of educational manpower.

      Added 1969, No. 8 , § 1 (Art. I).

    History

    Editor's note. The first sentence of this section appears to be incomplete. As codified in laws of other states that have enacted the Interstate Agreement on Qualification of Educational Personnel, the words "The States party to this Agreement, desiring by common action" precede "to improve" at the beginning of Article I. See New Hampshire Revised Statutes Annotated 200-E: 1; New York Education Law § 3030.

    § 2042. Definitions - Article II.

    As used in this Agreement and contracts made pursuant to it, unless the context clearly requires otherwise:

    1. "Educational personnel" means persons who must meet requirements pursuant to State law as a condition of employment in educational programs.
    2. "Designated State official" means the education official of a State selected by that State to negotiate and enter into, on behalf of his or her State, contracts pursuant to this Agreement.
    3. "Accept," or any variant thereof, means to recognize and give effect to one or more determinations of another State relating to the qualifications of educational personnel in lieu of making or requiring a like determination that would otherwise be required by or pursuant to the laws of a receiving State.
    4. "State" means a State, territory, or possession of the United States; the District of Columbia; or the Commonwealth of Puerto Rico.
    5. "Originating State" means a State (and the subdivision thereof, if any) whose determination that certain educational personnel are qualified to be employed for specific duties in schools is acceptable in accordance with the terms of a contract made pursuant to Article III.
    6. "Receiving State" means a State (and the subdivisions thereof) which accept educational personnel in accordance with the terms of a contract made pursuant to Article III.

      Added 1969, No. 8 , § 1 (Art. II).

    § 2043. Interstate educational personnel contracts - Article III.

    1. The designated State official of a party State may make one or more contracts on behalf of his or her State with one or more other party States providing for the acceptance of educational personnel.  Any such contract for the period of its duration shall be applicable to and binding on the States whose designated state officials enter into it, and the subdivisions of those States, with the same force and effect as if incorporated in this Agreement.  A designated state official may enter into a contract pursuant to this Article only with States in which he or she finds that there are programs of education, licensing standards, or other acceptable qualifications that assure preparation or qualification of educational personnel on a basis sufficiently comparable, even though not identical to that prevailing in his or her own State.
    2. Any such contract shall provide for:
    3. No contract made pursuant to this Agreement shall be for a term longer than five years but any such contract may be renewed for like or lesser periods.
    4. Any contract dealing with acceptance of educational personnel on the basis of their having completed an educational program shall specify the earliest date or dates on which originating state approval of the program or programs involved can have occurred.  No contract made pursuant to this Agreement shall require acceptance by a receiving State of any persons qualified because of successful completion of a program prior to January 1, 1954.
    5. The license or other acceptance of a person who has been accepted pursuant to the terms of a contract shall not be revoked or otherwise impaired because the contract has expired or been terminated.  However, any license or other qualifying document may be revoked or suspended on any ground which would be sufficient for revocation or suspension of a license or other qualifying document initially granted or approved in the receiving State.
    6. A contract committee composed of the designated state officials of the contracting States or their representatives shall keep the contract under continuous review, study means of improving its administration, and report no less frequently than once a year to the heads of the appropriate education agencies of the contracting States.

      Added 1969, No. 8 , § 1 (Art. III); amended 1989, No. 118 , § 3.

    1. Its duration.
    2. The criteria to be applied by an originating State in qualifying educational personnel for acceptance by a receiving State.
    3. Such waivers, substitutions, and conditional acceptances as shall aid the practical effectuation of the contract without sacrifice of basic educational standards.
    4. Any other necessary matters.

    History

    Amendments--1989. Subdiv. 1: Substituted "licensing" for "certification" preceding "standards" in the third sentence.

    Subdiv. 5: Substituted "license" for "certification" preceding "or other acceptance" in the first sentence and for "certificate" preceding "or other qualifying" in two places in the second sentence.

    § 2044. Approved and accepted programs - Article IV.

    1. Nothing in this Agreement shall be construed to repeal or otherwise modify any law or regulation of a party State relating to the approval of programs of educational preparation having effect solely on the qualification of educational personnel within that State.
    2. To the extent that contracts made pursuant to this Agreement deal with the educational requirements for the proper qualification of educational personnel, acceptance of a program of educational preparation shall be in accordance with such procedures and requirements as may be provided in the applicable contract.

      Added 1969, No. 8 , § 1 (Art. IV).

    § 2045. Interstate cooperation - Article V.

    The party States agree that:

    1. They will, so far as practicable, prefer the making of multilateral contracts pursuant to Article III of this Agreement.
    2. They will facilitate and strengthen cooperation in interstate licensing and other elements of educational personnel qualification and for this purpose shall cooperate with agencies, organizations, and associations interested in licensing and other elements of educational personnel qualification.

      Added 1969, No. 8 , § 1 (Art. V); amended 1989, No. 118 , § 3.

    History

    Amendments--1989. Subdiv. 2: Substituted "licensing" for "certification" following "interstate" and following "interested in".

    § 2046. Agreement evaluation - Article VI.

    The designated state officials of any party States may meet from time to time as a group to evaluate progress under the Agreement and to formulate recommendations for changes.

    Added 1969, No. 8 , § 1 (Art. VI).

    § 2047. Other arrangements - Article VII.

    Nothing in this Agreement shall be construed to prevent or inhibit other arrangements or practices of any party State or States to facilitate the interchange of educational personnel.

    Added 1969, No. 8 , § 1 (Art. VII).

    § 2048. Effect and withdrawal - Article VIII.

    1. This Agreement shall become effective when enacted into law by two States.  Thereafter it shall become effective as to any State upon its enactment of this Agreement.
    2. Any party State may withdraw from this Agreement by enacting a statute repealing the same, but no such withdrawal shall take effect until one year after the Governor of the withdrawing State has given notice in writing of the withdrawal to the Governors of all other party States.
    3. No withdrawal shall relieve the withdrawing State of any obligation imposed upon it by a contract to which it is a party.  The duration of contracts and the methods and conditions of withdrawal therefrom shall be those specified in their terms.

      Added 1969, No. 8 , § 1 (Art. VIII).

    § 2049. Construction and severability - Article IX.

    This Agreement shall be liberally construed so as to effectuate the purposes thereof. The provisions of this Agreement shall be severable and if any phrase, clause, sentence, or provision of this Agreement is declared to be contrary to the constitution of any State or of the United States, or the application thereof to any Government, agency, person, or circumstance is held invalid, the validity of the remainder of this Agreement and the applicability thereof to any Government, agency, person, or circumstance shall not be affected thereby. If this Agreement shall be held contrary to the constitution of any State participating therein, the Agreement shall remain in full force and effect as to the State affected as to all severable matters.

    Added 1969, No. 8 , § 1 (Art. IX).

    Subchapter 2. Provisions Relating to Interstate Agreement on Qualifications of Educational Personnel

    § 2061. Powers of Secretary of Education.

    The "designated State official" for this State shall be the Secretary of Education. The Secretary shall enter into contracts pursuant to Article III of the Agreement only with the approval of the specific text thereof by the State Board.

    Added 1969, No. 8 , § 2; 2013, No. 92 (Adj. Sess.), § 177, eff. Feb. 14, 2014.

    History

    Amendments--2013 (Adj. Sess.). Substituted "Secretary of Education" for "commissioner of education", "The Secretary" for "He", and "State Board" for "state board of education", and in the section heading substituted "Secretary" for "Commissioner".

    § 2062. Repealed. 2003, No. 122 (Adj. Sess.), § 294(w)(3).

    History

    Former § 2062. Former § 2062, relating to contracts; filing; publications, was derived from V.S.A. 1969, No. 8 , § 3.

    CHAPTER 61. COMMISSION ON PUBLIC SCHOOL EMPLOYEE HEALTH BENEFITS

    Sec.

    § 2101. Definitions.

    As used in this chapter:

    1. "Participating employee" means a school employee who is eligible for and has elected to receive health benefit coverage through a school employer.
    2. "School employee":
      1. includes the following individuals:
        1. an individual employed by a school employer as a teacher or administrator as defined in section 1981 of this title;
        2. a municipal school employee as defined in 21 V.S.A. § 1722 ;
        3. an individual employed as a supervisor as defined in 21 V.S.A. § 1502 ;
        4. a confidential employee as defined in 21 V.S.A. § 1722 ;
        5. a certified employee of a school employer; and
        6. any other permanent employee of a school employer not covered by subdivisions (i)-(v) of this subdivision (2); and
      2. notwithstanding subdivision (A) of this subdivision (2), excludes individuals who serve in the role of superintendent.
    3. "School employer" means a supervisory union or school district as those terms are defined in section 11 of this title.

      Added 2018, No. 11 (Sp. Sess.), § H.18; amended 2021, No. 7 , § 1.

    History

    Amendments--2021. Section amended generally.

    § 2102. Commission on Public School Employee Health Benefits created.

    1. Commission created.  There is created an independent commission to be called the Commission on Public School Employee Health Benefits (Commission) to determine, in accordance with section 2103 of this chapter, the amounts of the premiums and out-of-pocket expenses for school employee health benefits that shall be borne by school employers and by participating employees.
    2. Composition and appointment.
      1. The Commission shall have 10 members, of whom five shall be representatives of school employees and five shall be representatives of school employers.
        1. The representatives of school employees shall be appointed as follows: (2) (A) The representatives of school employees shall be appointed as follows:
          1. four members appointed by the labor organization representing the greatest number of school employees in this State; and
          2. one member appointed by the labor organization representing the second-greatest number of school employees in this State.
        2. The five representatives of school employers shall be appointed by the organization representing the majority of the public school boards in this State.
        3. The appointing authorities shall select appointees who have an understanding of health care and employer-employee relations and who demonstrate a willingness to work collaboratively.
        4. The term of each member of the Commission shall be six years, provided that of the members first appointed by the labor organization described in subdivision (A)(i) of this subdivision (2), one appointee shall serve a term of two years and one appointee shall serve a term of four years, and of the members first appointed by the organization representing the majority of the public school boards in this State, one appointee shall serve a term of two years and one appointee shall serve a term of four years.
      2. In the event of a vacancy, the appointing authority of the member whose seat becomes vacant shall appoint a successor to serve out the remainder of the member's term.
    3. Chairs.  The Commission shall be chaired jointly by one member selected biennially by the representatives of school employees and one member selected biennially by the representatives of school employers.
    4. Removal of Commission members.  Members of the Commission may be removed by the appointing authority of the member without cause.
    5. Decisions.  All decisions of the Commission shall require the votes of a majority of the representatives of school employees and a majority of the representatives of school employers.
    6. Compensation.  Commission members shall be entitled to receive per diem compensation and reimbursement of expenses as permitted under 32 V.S.A. § 1010 for not more than 20 meetings per year.
    7. Release time.  A school district that employs a member of the Commission, or an alternate member of the Commission under subsection (j) of this section, who represents school employees or school employers shall grant the Commission member time off as necessary for the member to attend meetings of the Commission.

      Staffing and expenses. The Commission may hire staff as it deems necessary to carry out its duties under this chapter. Compensation for Commission staff and administrative expenses of the Commission shall be shared equally by school employers and school employees. The representatives of school employers and the representatives of school employees shall equitably apportion their share of the costs of compensation and administrative expenses among their members.

      Rulemaking. The Commission may adopt rules or procedures, or both, pursuant to 3 V.S.A. chapter 25 as needed to carry out its duties under this chapter.

      (j) Alternate members.

      1. Four alternate members may be appointed to the Commission.
      2. Up to two alternate members may be appointed by representatives of school employees and up to two members may be appointed by representatives of school employers.
      3. The term of each alternate member, if appointed, shall be six years.
      4. An alternate member may serve temporarily in the role as a member appointed under subsection (b) of this section only in the absence of an appointed member and shall not otherwise have participation or voting rights in Commission business.
      5. An alternate member shall be appointed to be a full member of the Commission by the alternate member's appointing authority upon the resignation or removal of a full member.
      6. In the event of a vacancy of an alternate member, the appointing authority of the alternate member shall appoint a successor to serve out the remainder of the alternate member's term.
      7. Alternate members may be removed by the appointing authority of the alternate member without cause.

        (k) Funding. The Commission shall request the Governor to include in the Governor's annual budget a minimum of $35,000.00 appropriated to the Agency of Education for per diem compensation and reimbursement of expenses for members of the Commission. Any unencumbered appropriation shall revert to the General Fund in the year following the conclusion of an agreement under subdivision 2104(b)(1) of this title.

        Added 2018, No. 11 (Sp. Sess.), § H.18; amended 2021, No. 7 , § 2, eff. April 8, 2021.

    History

    Amendments--2021. Section amended generally.

    § 2103. Duties of the Commission.

    1. The Commission shall determine the percentage of the premium for individual, two-person, parent-child, and family coverage under a health benefit plan that shall be borne by each school employer and the percentage that shall be borne by participating employees.
      1. The premium responsibility percentages shall remain in effect for the entire plan year.
      2. Each school employer shall be responsible for paying, on behalf of all of its participating employees, the applicable percentages of premium costs as determined by the Commission.
      1. The Commission shall determine the amount of participating employees' calendar year out-of-pocket expenses for which the school employer and the participating employees shall be responsible, and whether school employers shall establish a health reimbursement arrangement, a health savings account, both, or neither, for their participating employees. (b) (1)  The Commission shall determine the amount of participating employees' calendar year out-of-pocket expenses for which the school employer and the participating employees shall be responsible, and whether school employers shall establish a health reimbursement arrangement, a health savings account, both, or neither, for their participating employees.
      2. The Commission also shall determine the extent to which the employer or employee shall bear first dollar responsibility for out-of-pocket expenses if using a health reimbursement arrangement and whether the balance in a participating employee's health reimbursement arrangement shall roll over from year to year.
    2. The Commission may make recommendations regarding health benefit plan design to any intermunicipal insurance association that offers health benefit plans to entities providing educational services pursuant to 24 V.S.A. chapter 121, subchapter 6.
    3. The Commission shall not make any determinations regarding school employer or participating employee responsibilities with respect to stand-alone vision or dental benefits.
    4. The Commission may negotiate a statewide grievance procedure for disputes concerning public school employee health benefits.
    5. In no case shall a school employee receive cash in lieu of receipt of healthcare benefits from one school employer while simultaneously receiving health care benefits from the same or another school employer.
    6. Accommodations shall be made for school employees whose workload is shared between more than one school employer, and who may not otherwise qualify for health care benefits from only one school employer. The affected school employers shall determine the proportionate portion of the shared costs of the health benefits.

      Added 2018, No. 11 (Sp. Sess.), § H.18; amended 2021, No. 7 , § 4, eff. April 8, 2021.

    History

    Amendments--2021. Section amended generally.

    § 2104. Negotiation; time to begin; good faith; written agreement. Section 2104 effective until January 1, 2022; see also section 2104 effective January 1, 2022 set out below.

      1. The Commission shall commence negotiation of the matters set forth in subsections 2103(a) and (b) of this chapter not later than April 1 of the year before the existing agreement pursuant to this section is set to expire. On or before October 1 of the year prior to commencement of bargaining, the Commission shall request from the parties any data and information that it anticipates needing for the negotiation in a common format, and on or before February 1 of the year of bargaining, the parties shall submit to the Commission the information requested. (a) (1)  The Commission shall commence negotiation of the matters set forth in subsections 2103(a) and (b) of this chapter not later than April 1 of the year before the existing agreement pursuant to this section is set to expire. On or before October 1 of the year prior to commencement of bargaining, the Commission shall request from the parties any data and information that it anticipates needing for the negotiation in a common format, and on or before February 1 of the year of bargaining, the parties shall submit to the Commission the information requested.
      2. The Commission shall meet together at reasonable times at the call of the Chairs and shall negotiate in good faith on all matters set forth in subsections 2103(a) and (b) of this chapter.
        1. The Commission shall select a person to serve as a fact finder to assist it in resolving any matters remaining in dispute in the event that the Commission is unable to reach an agreement by August 1. The fact finder shall be selected by a vote of a majority of the representatives of school employees and of a majority of the representatives of school employers. If the Commission cannot agree on a fact finder by April 5, the American Arbitration Association shall be asked to appoint the fact finder. (3) (A) The Commission shall select a person to serve as a fact finder to assist it in resolving any matters remaining in dispute in the event that the Commission is unable to reach an agreement by August 1. The fact finder shall be selected by a vote of a majority of the representatives of school employees and of a majority of the representatives of school employers. If the Commission cannot agree on a fact finder by April 5, the American Arbitration Association shall be asked to appoint the fact finder.
          1. The Commission shall mutually agree on an arbitrator by April 5 to decide all matters remaining in dispute if it is unable to reach an agreement within 30 days after receiving the fact finder's report. (B) (i) The Commission shall mutually agree on an arbitrator by April 5 to decide all matters remaining in dispute if it is unable to reach an agreement within 30 days after receiving the fact finder's report.
          2. If the Commission is unable to mutually agree on an arbitrator, it shall form a three-member panel of arbitrators to be selected as follows:
            1. One arbitrator shall be selected by the representatives of school employees from a list prepared by the American Arbitration Association.
            2. One arbitrator shall be selected by the representatives of school employers from a list prepared by the American Arbitration Association.
            3. The Commission shall request the services of the American Arbitration Association for the appointment of the third arbitrator.
      1. The Commission shall enter into a written agreement incorporating all matters agreed to in negotiation. (b) (1)  The Commission shall enter into a written agreement incorporating all matters agreed to in negotiation.
      2. The terms of the agreement shall be incorporated by reference into all collective bargaining agreements for school employees.
    1. The term of each agreement shall be negotiated by the Commission but shall not be less than two years.

      Added 2018, No. 11 (Sp. Sess.), § H.18; amended 2021, No. 7 , § 5, eff. April 8, 2021.

    History

    Amendments--2021. Subdiv. (a)(1): Added the second sentence.

    § 2104. Negotiation; time to begin; good faith; written agreement. Section 2104 effective January 1, 2022; see also section 2104 effective until January 1, 2022 set out above.

      1. The Commission shall commence negotiation of the matters set forth in subsections 2103(a) and (b) of this chapter not later than April 1 of the year before the existing agreement pursuant to this section is set to expire. On or before October 1 of the year prior to commencement of bargaining, the Commission shall request from the parties any data and information that it anticipates needing for the negotiation in a common format, and on or before February 1 of the year of bargaining, the parties shall submit to the Commission the information requested. (a) (1)  The Commission shall commence negotiation of the matters set forth in subsections 2103(a) and (b) of this chapter not later than April 1 of the year before the existing agreement pursuant to this section is set to expire. On or before October 1 of the year prior to commencement of bargaining, the Commission shall request from the parties any data and information that it anticipates needing for the negotiation in a common format, and on or before February 1 of the year of bargaining, the parties shall submit to the Commission the information requested.
      2. The Commission shall meet together at reasonable times at the call of the Chairs and shall negotiate in good faith on all matters set forth in subsections 2103(a) and (b) of this chapter.
        1. The Commission shall select a person to serve as a fact finder to assist it in resolving any matters remaining in dispute in the event that the Commission is unable to reach an agreement by August 1. The fact finder shall be selected by a vote of a majority of the representatives of school employees and of a majority of the representatives of school employers. If the Commission cannot agree on a fact finder by April 5, the American Arbitration Association shall be asked to appoint the fact finder. (3) (A) The Commission shall select a person to serve as a fact finder to assist it in resolving any matters remaining in dispute in the event that the Commission is unable to reach an agreement by August 1. The fact finder shall be selected by a vote of a majority of the representatives of school employees and of a majority of the representatives of school employers. If the Commission cannot agree on a fact finder by April 5, the American Arbitration Association shall be asked to appoint the fact finder.
          1. The Commission shall mutually agree on an arbitrator by April 5 to decide all matters remaining in dispute if it is unable to reach an agreement within 30 days after receiving the fact finder's report. (B) (i) The Commission shall mutually agree on an arbitrator by April 5 to decide all matters remaining in dispute if it is unable to reach an agreement within 30 days after receiving the fact finder's report.
          2. If the Commission is unable to mutually agree on an arbitrator, it shall either request the Vermont Labor Relations Board (VLRB) to decide all matters remaining in dispute or form a three-member panel of arbitrators to be selected as follows:
            1. One arbitrator shall be selected by the representatives of school employees.
            2. One arbitrator shall be selected by the representatives of school employers.
            3. The Commission shall request the services of the American Arbitration Association for the appointment of the third arbitrator.
      1. The Commission shall enter into a written agreement incorporating all matters agreed to in negotiation. (b) (1)  The Commission shall enter into a written agreement incorporating all matters agreed to in negotiation.
      2. The terms of the agreement or the VLRB or arbitration award shall be incorporated by reference into all collective bargaining agreements for school employees.
    1. The term of each agreement shall be negotiated by the Commission but shall not be less than two years.

      Added 2018, No. 11 (Sp. Sess.), § H.18; amended 2021, No. 7 , § 5, eff. April 8, 2021; 2021, No. 7 , § 5a, eff. Jan. 1, 2022.

    History

    Amendments--2021. Subdiv. (a)(3)(B)(ii): Inserted "either request the Vermont Labor Relations Board (VLRB) to decide all matters remaining in dispute or" following "shall".

    Subdiv. (a)(3)(B)(ii)(I), (II): Deleted "from a list by the American Arbitration Association" following "employees" and "employers".

    Subdiv. (b)(2): Inserted "or the VLRB or arbitration award" following "agreement".

    Effective date of amendments to subdivs. (a)(3)(B) and (b)(2). 2021, No. 7 , § 7 provides that the amendments to subdivs. (a)(3)(B) and (b)(2) of this section by 2021, No. 7 , § 5a shall take effect on January 1, 2022.

    § 2105. Dispute resolution. Section 2105 effective until January 1, 2022; see also section 2105 effective January 1, 2022 set out below.

      1. If the Commission is unable to reach agreement by August 1, the Commission shall meet with the fact finder selected pursuant to section 2104 of this chapter not later than August 15. (a) (1)  If the Commission is unable to reach agreement by August 1, the Commission shall meet with the fact finder selected pursuant to section 2104 of this chapter not later than August 15.
      2. The fact finder may schedule and hold additional meetings with the Commission as necessary. The Commission shall furnish the fact finder with all records, papers, and information in its possession pertaining to any matter remaining in dispute.
      3. The fact finder shall, before issuing his or her decision, attempt to mediate the matters remaining in dispute.
      4. If the mediation fails to produce an agreement, the fact finder shall, on or before September 15, submit a written report to the Commission recommending a reasonable basis for the settlement of the matters remaining in dispute.
      1. If the Commission is unable to resolve all matters remaining in dispute within 30 days after receiving the fact finder's report, the Commission shall submit the matters remaining in dispute to the arbitrator or arbitrators selected pursuant to section 2104 of this chapter for resolution. (b) (1)  If the Commission is unable to resolve all matters remaining in dispute within 30 days after receiving the fact finder's report, the Commission shall submit the matters remaining in dispute to the arbitrator or arbitrators selected pursuant to section 2104 of this chapter for resolution.
      2. The representatives of school employees and the representatives of school employers shall submit to the arbitrator or arbitrators their last best offer on all issues remaining in dispute prior to the arbitration hearing. The arbitrator or arbitrators shall select one of the last best offers without amendment, submitted by the parties prior to the arbitration hearing in its entirety. The parties shall not be permitted to modify their last best offers post hearing. Prior to the issuance of the decision of the arbitrator or arbitrators, nothing shall prohibit the parties from settling the matters in dispute.
        1. The arbitrator or arbitrators shall hold a hearing on or before November 15 at which the Commission members shall submit all relevant evidence, documents, and written material, including a cost estimate for the term of the proposal with a breakdown of costs borne by employers and costs borne by employees, and each member may submit oral or written testimony in support of his or her position on any undecided issue that is subject to arbitration. (3) (A) The arbitrator or arbitrators shall hold a hearing on or before November 15 at which the Commission members shall submit all relevant evidence, documents, and written material, including a cost estimate for the term of the proposal with a breakdown of costs borne by employers and costs borne by employees, and each member may submit oral or written testimony in support of his or her position on any undecided issue that is subject to arbitration.
        2. In reaching a decision, the arbitrator or arbitrators shall give weight to the evidence, documents, written material, and arguments presented, as well as the following factors:
          1. the interests and welfare of the public;
          2. the financial ability of the Education Fund and school districts across the State to pay for the costs of health care benefits and coverage;
          3. comparisons of the health care benefits of school employees with the health care benefits of similar employees in the public and private sectors in Vermont;
          4. the average consumer prices for goods and services commonly known as the cost of living; and
          5. prior and existing health care benefits and coverage for school employees.
      3. The arbitrator or arbitrators shall issue a written decision within 30 days after the hearing, providing a full explication of the basis for the decision. The decision of the arbitrator or arbitrators shall be final and binding upon the Commission and all school employees and school employers. The decision shall not be subject to ratification.
      4. Upon the petition of a majority of the employer or the employee members within not more than 15 days following the arbitration decision, a Superior Court shall vacate the decision if:
        1. it was procured by corruption, fraud, or other undue means;
        2. there was evident partiality or prejudicial misconduct by the arbitrator or arbitrators;
        3. the arbitrator or arbitrators exceeded their power or rendered a decision requiring a person to commit an act or engage in conduct prohibited by law; or
        4. there is an absence of substantial evidence on the record as a whole to support the decision.
      5. At any time prior to the issuance of a decision by the arbitrator or arbitrators, the Commission may notify the arbitrator or arbitrators of any additional issues on which a majority of the representatives of school employees and of the representatives of school employers have reached agreement.
      6. If any provision of this subsection is inconsistent with any other provision of law governing arbitration, this subsection shall govern.
    1. The arbitrator or arbitrators shall have the authority to address complaints that either party has engaged in or is engaging in unfair bargaining practices, including a refusal to bargain in good faith. If the arbitrator or arbitrators find upon a preponderance of the evidence that a party has engaged in or is engaging in any unfair bargaining practice, the arbitrator or arbitrators may include in the decision a remedy for the unfair bargaining practice that is consistent with the provisions of 21 V.S.A. § 1727(d) .

      Added 2018, No. 11 (Sp. Sess.), § H.18; amended 2021, No. 7 , § 6, eff. April 8, 2021.

    History

    Amendments--2021. Subdiv. (b)(2): Inserted "prior to the arbitration hearing" following "dispute" at the end of the first sentence; inserted "without amendment, submitted by the parties prior to the arbitration hearing" following "offers" and deleted "without amendment" following "entirety" in the second sentence and added the third and fourth sentences..

    Subdiv. (b)(3)(A): Inserted "including a cost estimate for the term of the proposal with a breakdown of costs borne by employers and costs borne by employees," following "material,".

    Subdiv. (b)(4): Substituted "a written" for "their" preceding "decision" and inserted ", providing a full explication of the basis for the decision" following "hearing".

    Subdiv. (b)(5): Substituted "majority of the employer or the employee members" for "Commission member" preceding "within".

    § 2105. Dispute resolution. Section 2105 effective January 1, 2022; see also section 2105 effective until January 1, 2022 set out above.

      1. If the Commission is unable to reach agreement by August 1, the Commission shall meet with the fact finder selected pursuant to section 2104 of this chapter not later than August 15. (a) (1)  If the Commission is unable to reach agreement by August 1, the Commission shall meet with the fact finder selected pursuant to section 2104 of this chapter not later than August 15.
      2. The fact finder may schedule and hold additional meetings with the Commission as necessary. The Commission shall furnish the fact finder with all records, papers, and information in its possession pertaining to any matter remaining in dispute.
      3. The fact finder shall, before issuing his or her decision, attempt to mediate the matters remaining in dispute.
      4. If the mediation fails to produce an agreement, the fact finder shall, on or before September 15, submit a written report to the Commission recommending a reasonable basis for the settlement of the matters remaining in dispute.
      1. If the Commission is unable to resolve all matters remaining in dispute within 30 days after receiving the fact finder's report, the Commission shall submit the matters remaining in dispute to the VLRB, arbitrator, or arbitrators selected pursuant to section 2104 of this chapter for resolution. (b) (1)  If the Commission is unable to resolve all matters remaining in dispute within 30 days after receiving the fact finder's report, the Commission shall submit the matters remaining in dispute to the VLRB, arbitrator, or arbitrators selected pursuant to section 2104 of this chapter for resolution.
      2. The representatives of school employees and the representatives of school employers shall submit to the VLRB, arbitrator, or arbitrators their last best offer on all issues remaining in dispute prior to the VLRB or arbitration hearing. The VLRB, arbitrator, or arbitrators shall select one of the last best offers without amendment, submitted by the parties prior to the VLRB or arbitration hearing in its entirety without amendment. The parties shall not be permitted to modify their last best offers post hearing. Prior to the issuance of the decision of the VLRB, arbitrator, or arbitrators, nothing shall prohibit the parties from settling the matters in dispute.
        1. The VLRB, arbitrator, or arbitrators shall hold a hearing on or before November 15 at which the Commission members shall submit all relevant evidence, documents, and written material, including a cost estimate for the term of the proposal with a breakdown of costs borne by employers and costs borne by employees, and each member may submit oral or written testimony in support of his or her position on any undecided issue that is subject to arbitration. (3) (A) The VLRB, arbitrator, or arbitrators shall hold a hearing on or before November 15 at which the Commission members shall submit all relevant evidence, documents, and written material, including a cost estimate for the term of the proposal with a breakdown of costs borne by employers and costs borne by employees, and each member may submit oral or written testimony in support of his or her position on any undecided issue that is subject to arbitration.
        2. In reaching a decision, the VLRB, arbitrator, or arbitrators shall give weight to the evidence, documents, written material, and arguments presented, as well as the following factors:
          1. the interests and welfare of the public;
          2. the financial ability of the Education Fund and school districts across the State to pay for the costs of health care benefits and coverage;
          3. comparisons of the health care benefits of school employees with the health care benefits of similar employees in the public and private sectors in Vermont;
          4. the average consumer prices for goods and services commonly known as the cost of living; and
          5. prior and existing health care benefits and coverage for school employees.
      3. The VLRB, arbitrator, or arbitrators shall issue a written decision within 30 days after the hearing, providing a full explication of the basis for the decision. The decision of the VLRB, arbitrator, or arbitrators shall be final and binding upon the Commission and all school employees and school employers. The decision shall not be subject to ratification.
      4. Upon the petition of a majority of the employer or the employee members within not more than 15 days following the VLRB or arbitration decision, the Vermont Supreme Court, in the case of a VLRB decision, or a Superior Court in the case of an arbitration decision, shall vacate the decision if:
        1. it was procured by corruption, fraud, or other undue means;
        2. there was evident partiality or prejudicial misconduct by the VLRB or arbitrator or by individual members of the VLRB or arbitration panel;
        3. the VLRB, arbitrator, or arbitrators exceeded its or their power or rendered a decision requiring a person to commit an act or engage in conduct prohibited by law; or
        4. there is an absence of substantial evidence on the record as a whole to support the decision.
      5. At any time prior to the issuance of a decision by the VLRB, arbitrator, or arbitrators, the Commission may notify the VLRB, arbitrator, or arbitrators of any additional issues on which a majority of the representatives of school employees and of the representatives of school employers have reached agreement.
      6. If any provision of this subsection is inconsistent with any other provision of law governing arbitration, this subsection shall govern.
    1. The VLRB, arbitrator, or arbitrators shall have the authority to address complaints that either party has engaged in or is engaging in unfair bargaining practices, including a refusal to bargain in good faith. If the VLRB, arbitrator, or arbitrators find upon a preponderance of the evidence that a party has engaged in or is engaging in any unfair bargaining practice, the VLRB, arbitrator, or arbitrators may include in the decision a remedy for the unfair bargaining practice that is consistent with the provisions of 21 V.S.A. § 1727(d) .

      Added 2018, No. 11 (Sp. Sess.), § H.18; amended 2021, No. 7 , § 6, eff. April 8, 2021; 2021, No. 7 , § 6a, eff. Jan. 1, 2022.

    History

    Effective date of amendments to subsecs. (b) and (c). 2021, No. 7 , § 7 provides that the amendments to subsecs. (b) and (c) of this section by 2021, No. 7 , § 6a shall take effect on January 1, 2022.

    Amendments --Inserted "VLRB" preceding "arbitrator" throughout subsec. (b); in subdiv. (b)(5), inserted ", the Vermont Supreme Court, in the case of a VLRB decision, or" following "decision" and "in the case of an arbitration decision," following "Superior Court"; in subdiv. (b)(5)(B); inserted "

    Amendments--2021. Subsec. (b): Inserted "VLRB" preceding "arbitrator" throughout.

    Subdiv. (b)(5): Inserted ", the Vermont Supreme Court, in the case of a VLRB decision, or" following "decision" and "in the case of an arbitration decision," following "Superior Court".; in subdiv. (b)(5)(B); inserted "

    Subdiv. (b)(5)(B): Inserted "VLRB or" preceding "arbitrator" and "by individual members of the VLRB" following "or" and substituted "arbitration panel" for "arbitrators".

    § 2106. Strikes and contract imposition prohibited.

    1. School employees and the representatives of school employees shall be prohibited from engaging in a strike, as defined by 21 V.S.A. § 1722(16) , in relation to the negotiation of an agreement pursuant to this chapter.
    2. The representatives of school employers shall be prohibited from imposing the terms of the agreement that is subject to this chapter.

      Added 2018, No. 11 (Sp. Sess.), § H.18.

    § 2107. Ratification of agreement.

    1. The representatives of school employers and the representatives of school employees shall each develop procedures by which their members shall ratify the agreement entered into by the Commission pursuant to this chapter within 30 days after the date of the agreement; provided, however, that if the agreement is determined by arbitration pursuant to subsection 2105(b) of this chapter, the agreement shall not be subject to ratification.
    2. In the event that either the school employers or school employees, or both, fail to ratify the agreement, the following provisions shall apply:
      1. If the Commission has not engaged in mediated fact-finding pursuant to subsection 2105(a) of this chapter during the current negotiation cycle, the Commission shall meet with the fact finder pursuant to the provisions of that subsection to settle all matters remaining in dispute. If the Commission is able to reach a new agreement, that agreement shall be submitted to the bargaining units for ratification. If, after mediated fact-finding, the Commission is unable to reach a new agreement, the Commission shall proceed to arbitration pursuant to subsection 2105(b) of this chapter.
      2. If the Commission has already engaged in mediated fact-finding pursuant to subsection 2105(a) of this chapter during the current negotiation cycle, the Commission shall proceed to arbitration pursuant to subsection 2105(b) of this chapter.

        Added 2018, No. 11 (Sp. Sess.), § H.18.

    § 2108. Duties of school employers.

    Each school employer shall:

    1. deduct from the gross wages of each participating employee a sum equal to the percentage of the premium determined by the Commission to be the employee's responsibility for the applicable tier of coverage;
    2. remit to the administrator of the health benefit plan the amount determined by the Commission to be the employers' premium responsibility for each participating employee, along with the amount deducted from the employee's wages for the employee's premium share;
    3. contribute toward the out-of-pocket expenses of each participating employee in the amounts and manner determined by the Commission to be the employer's responsibility; and
    4. participate in any health reimbursement arrangement or health savings account, or both, in the amounts and to the extent determined by the Commission.

      Added 2018, No. 11 (Sp. Sess.), § H.18.

    PART 4 Advanced Education

    CHAPTER 71. STATE TEACHERS' COLLEGES

    Sec.

    §§ 2161-2167. Repealed. 1961, No. 247, § 4, eff. July 28, 1961.

    History

    Former §§ 2161-2167. Former § 2161, relating to Castleton, Johnson, and Lyndon teachers' colleges, was derived from 1959, No. 176 ; 1951, No. 85 , § 1; V.S. 1947, § 4240; 1947, No. 61 , § 1.

    Former § 2162, relating to University of Vermont and Lyndon Institute contracts, was derived from 1951, No. 85 , § 2; V.S. 1947, § 4241; 1947, No. 61 , §§ 2, 4.

    Former § 2163, relating to courses of study, rules for admission, and graduation, was derived from V.S. 1947, § 4243; 1947, No. 61 , § 5; P.L. § 4197; 1921, No. 49 , § 2; G.L. § 1215; 1915, No. 64 ; §§ 98, 99; 1912, No. 62 , § 18; 1912, No. 64 , §§ 1, 2, 5, 6; 1910, No. 61 , §§ 1, 2.

    Former § 2164, relating to scholarships, tuition, and agreements to teach, was derived from 1959, No. 237 ; 1957, No. 297 ; 1951, No. 86 ; V.S. 1947, § 4244; 1947, No. 62 , § 1; 1943, No. 56 , § 1; 1937, No. 71 ; P.L. § 4198; 1929, No. 33 ; 1921, No. 49 , § 3; G.L. § 1216; 1915, No. 64 , § 100; 1912, No. 64 , §§ 2, 6; 1910, No. 61 , § 2.

    Former § 2165, relating to advanced training for elementary school teachers, was derived from V.S. 1947, § 4245; 1939, No. 79 ; P.L. § 4201; 1921, No. 49 , § 6.

    Former § 2166, relating to teachers for training courses, was derived from V.S. 1947, § 4246; P.L. § 4202; G.L. § 1217; 1915, No. 64 , §§ 98, 101; 1912, No. 64 , § 1; 1910, No. 61 , § 1.

    Former § 2167, relating to training for industrial arts teachers, was derived from 1955, No. 189 , §§ 1, 2.

    Transfer of property, powers, duties and obligations. See note set out under § 2171 of this title.

    CHAPTER 72. VERMONT STATE COLLEGES

    Sec.

    Cross References

    Cross references. Educational and health buildings financing, see chapter 131 of this title.

    University of Vermont and State Agricultural College, see chapter 75 of this title.

    § 2170. Statutory purposes.

    The statutory purpose of the exemption for the Vermont State Colleges in section 2178 of this title is to allow institutions providing higher education to deploy more of their financial resources to their educational missions.

    Added 2013, No. 200 (Adj. Sess.), § 9.

    § 2171. Corporation established; purposes; powers.

    1. There is created as a part of the educational system of the State of Vermont a public corporation to be known as "Vermont State Colleges" or any other name that the Board of Trustees, established under section 2172 of this chapter, selects at a meeting duly warned for that purpose, provided that the word "Vermont" shall appear in the selected name. The Corporation shall plan, supervise, administer, and operate facilities for education at the postsecondary level supported in whole or in substantial part with State funds; however, while the Corporation shall maintain cooperative relations with the University of Vermont and State Agricultural College, nothing in this chapter shall give the Corporation any responsibility for the planning, supervision, administration, or operation of the University.
    2. The Corporation shall own the real and personal property of the Castleton State College, Johnson State College, Lyndon State College, Vermont Technical College, and Community College of Vermont, and of other State-operated institutions of higher education that may be established. It shall protect, preserve, and improve the properties and promote their use as institutions of higher education.
    3. The Corporation may acquire, hold, and dispose of property in fee or in trust, or any other estate, except as provided in subsection (d) of this section, shall have a common seal, and shall be an instrumentality of the State for the purposes set forth in this section. The State of Vermont shall support and maintain the Corporation.
    4. The Corporation shall not abandon, lease, sell, or dispose of any of the institutions under its control unless that action is specifically authorized by the General Assembly. The terms of any such sale, lease, or other disposal shall be prescribed by the Agency of Administration, with the approval of the Governor, within the terms of the authorization of the General Assembly.
    5. The Corporation may make expenditures for capital improvements. The Corporation is authorized to borrow money for building purposes, to give security that may be required, and to execute necessary related instruments, and is also authorized to accept, use, and administer any funds made available to it for any of its corporate purposes by the United States or any of its agencies, and to agree to any terms and conditions that may be required that are not inconsistent with its corporate purposes.

      Added 1961, No. 247 , § 1, eff. July 28, 1961; amended 1963, No. 104 , eff. May 22, 1963; 1973, No. 240 (Adj. Sess.), § 1, eff. April 8, 1974; 2007, No. 52 , § 41, eff. May 28, 2007; 2013, No. 92 (Adj. Sess.), § 178, eff. Feb. 14, 2014; 2015, No. 19 , § 1, eff. July 15, 2015.

    History

    Revision note. Reference to "department of administration" changed to "agency of administration" in subsec. (d) to conform reference to new title and reorganization of state government. See 3 V.S.A. chapter 45.

    Amendments--2015. Subsecs. (a) and (b): Amended generally.

    Amendments--2013 (Adj. Sess.). Section amended generally.

    Amendments--2007. Subsec. (e): Substituted "The" for "provided those capital improvements receive the specific prior approval of the general assembly. Upon receiving approval, the" following "capital improvements".

    Amendments--1973 (Adj. Sess.). Subsec. (e): Added the first sentence and added "upon receiving approval" at the beginning of the second sentence.

    Amendments--1963. Subsec. (e): Added.

    Transfer of property, powers, duties, and obligations. 1961, No. 247 , § 2, eff. July 28, 1961, provided: "all the real and personal property of the Castleton, Johnson and Lyndon teachers colleges and the Vermont Agricultural and Technical Institute is hereby transferred to the Vermont State Colleges together with all the rights, powers, duties and obligations of those institutions incurred before the operative date of this act, including but not limited to duties and obligations toward students attending or enrolled in the institutions before the effective date of this act."

    Effect of amendment. 2015, No. 19 , § 2, effective July 15, 2015 provides: "In Sec. 1 of this act, 16 V.S.A. § 2171(a) is amended by authorizing the Board of Trustees established under 16 V.S.A. § 2172 to select a different name for the Corporation presently known as 'Vermont State Colleges.' Notwithstanding any name that the Board of Trustees selects for the Corporation pursuant to 16 V.S.A. § 2171(a):

    "(1) All legal instruments executed in the name of the Vermont State Colleges or in any subsequent name selected under 16 V.S.A. § 2171(a) shall be legally binding on the Corporation.

    "(2) All statutory references to 'Vermont State Colleges' shall mean the Corporation created under 16 V.S.A. § 2171(a)."

    ANNOTATIONS

    Analysis

    1. Administration of bequests and trust funds.

    Vermont State Colleges as the successor in interest of Vermont Agricultural and Technical Institute at Randolph Center and Castleton Teachers College in Castleton under this section became responsible for the administration of certain bequests and trust funds held on behalf of these institutions by the State Treasurer of Vermont, and transfer of the funds should be made to the trustees of Vermont State Colleges. 1962-64 Op. Atty. Gen. 433.

    2. Sale of property.

    Subsec. (d) of this section does not apply to dispositions of property where abandonment by the State of the particular educational institutions involved or the closing down of the operations of same does not result therefrom. 1962-64 Op. Atty. Gen. 430.

    3. Guarantee of loans.

    Vermont State Colleges cannot guarantee or be surety on or take a second mortgage on premises purchased by faculty members to assist the faculty members in purchasing residential properties. 1968-70 Op. Atty. Gen. 82.

    Cited. Merrow v. Goldberg, 674 F. Supp. 1130 (D. Vt. 1986).

    § 2172. Trustees; appointment; vacancies.

    1. The Corporation shall be governed by a board of 15 trustees who shall be appointed or elected as follows:
      1. Biennially, the Governor, with the advice and consent of the Senate, shall appoint trustees to serve for four-year terms expiring March 1 of the year of the biennial session. Five trustees may be in office at one time under this subdivision. In the event of any vacancy occurring between biennial sessions in an office under this subdivision, the Governor, pursuant to 3 V.S.A. § 257 , shall fill the vacancy, and the term of a person so appointed shall expire on March 1 in the year of the next following biennial session.
        1. One trustee shall be a student trustee: (2) (A) One trustee shall be a student trustee:
          1. who is a matriculated student at an educational institution operated by the Vermont State Colleges Corporation;
          2. who is pursuing a degree program; and
          3. who has reached the age of majority.
        2. The student trustee shall serve a one-year term expiring on June 1. The student trustee shall be appointed, and a vacancy may be filled, from among those eligible students applying for the position by the decision of those members of the steering committee of the Vermont State Colleges Student Association who have been elected at large to that committee by the students at their respective colleges. No student trustee may serve more than two consecutive terms.
      2. Four trustees shall be legislative trustees who are members of the General Assembly at the time of their election. Legislative trustees shall serve four-year terms expiring on March 1 of the second year of the biennial session, and they shall be elected by joint assembly of the Legislature. Vacancies for any cause shall be filled by the General Assembly at its earliest opportunity and the term of a person so appointed shall expire on March 1 of the next even numbered year.
      3. Four trustees shall be elected by the Board of Trustees to four-year terms expiring on March 1. Vacancies for any cause shall be filled by the remaining members of the Board of Trustees, and the term of the person so appointed shall expire on the next following March 1.
    2. Appointments by the Governor and elections by the General Assembly shall be made with consideration of the geographic distribution of members to prevent an unfair focus on any single college.
    3. No trustee shall be a member of the Board of Trustees of the University of Vermont.
      1. The Board of Trustees, after notice and a hearing, may remove a trustee for incompetency, failure to discharge duties, malfeasance, illegal acts, or other cases inimical to the welfare of the Corporation. (d) (1)  The Board of Trustees, after notice and a hearing, may remove a trustee for incompetency, failure to discharge duties, malfeasance, illegal acts, or other cases inimical to the welfare of the Corporation.
      2. Gubernatorial-appointed trustees shall serve at the pleasure of the Governor pursuant to 3 V.S.A. § 2004 .
      3. In the event of a vacancy occurring under this subsection, the Governor or the Board, as applicable, shall fill the vacancy pursuant to subsection (a) of this section.

        Added 1961, No. 247 , § 1, eff. July 28, 1961; amended 1977, No. 188 (Adj. Sess.), § 1, eff. April 5, 1978; 2015, No. 19 , § 1, eff. July 15, 2015; 2015, No. 48 , § 8, eff. July 16, 2015.

    History

    Revision note. In subdiv. (a)(1), substituted "this subdivision" for "this division" to conform references to V.S.A. style.

    Amendments--2015. Act No. 19 rewrote subsec. (a) and added subsec. (d).

    Act No. 48 rewrote subsec. (d).

    Amendments--1977 (Adj. Sess.). Section amended generally.

    Transition of terms. 2015, No. 19 , § 3, effective July 15, 2015 provides: "(a) Notwithstanding 16 V.S.A. § 2172 as amended by this act, all existing six-year terms of members of the Board of Trustees commencing on or before February 28, 2017 shall be completed, including terms of trustees appointed or elected due to vacancy. Beginning on March 1, 2017, new terms for all Board members, except the student trustee and the Governor, shall be four years in duration.

    "(b) In 2017:

    "(1) On March 1, two of the three gubernatorial-appointed Board seats expiring on that date shall be eliminated. The Governor shall appoint a trustee to fill the third seat for a four-year term commencing on March 1.

    "(2) The Board shall elect two trustees, selected pursuant to Sec. 1, 16 V.S.A. § 2172(a)(4), to fill two self-perpetuating four-year Board seats with terms commencing on March 1."

    "(c) In 2019:

    "(1) On March 1, one of the three gubernatorial-appointed Board seats expiring on that date shall be eliminated. The Governor shall appoint two trustees to fill the remaining two seats for four-year terms commencing on March 1.

    "(2) The Board shall elect a trustee, selected pursuant to Sec. 1, 16 V.S.A. § 2172(a)(4), to fill one self-perpetuating four-year Board seat with a term commencing on March 1.

    "(d) In 2021:

    "(1) On March 1, one of the three gubernatorial-appointed Board seats expiring on that date shall be eliminated. The Governor shall appoint two trustees to fill the remaining two seats for four-year terms commencing on March 1.

    "(2) The Board shall elect a trustee, selected pursuant to Sec. 1, 16 V.S.A. § 2172(a)(4), to fill one self-perpetuating four-year Board seat with a term commencing on March 1."

    ANNOTATIONS

    Analysis

    1. Eligibility for appointment.

    Federal customs inspector holds an office under authority of congress within meaning of chapter II, section 50 of Vermont Constitution and, hence, is ineligible for appointment to board of trustees of Vermont state colleges. 1962-64 Op. Atty. Gen. 119.

    2. Duties.

    Implied duties of the trustees include the protection and preservation of property which would in part be carried out through the acquisition of insurance coverage and the determination of the amount and type thereof. 1962-64 Op. Atty. Gen. 292.

    § 2173. Board of Trustees; organization.

    In addition to the 14 elected and appointed trustees, the Board of Trustees shall include as a member the Governor of Vermont. A majority of the trustees shall constitute a quorum for the transaction of business. Biennially, the Board shall elect one of its voting members to serve as its chair.

    Added 1961, No. 247 , § 1, eff. July 28, 1961; amended 1977, No. 188 (Adj. Sess.), § 2, eff. April 5, 1978; 2013, No. 92 (Adj. Sess.), § 179, eff. Feb. 14, 2014; 2015, No. 19 , § 1, eff. July 15, 2015.

    History

    Amendments--2015. Substituted "Biennially" for "Annually" preceding "the Board" in the third sentence.

    Amendments--2013 (Adj. Sess.). Substituted "14" for "fourteen", "Governor" for "governor of the state", "Annually" for "At the first meeting of the board and annually thereafter", and "its chair" for "chairman".

    Amendments--1977 (Adj. Sess.). Section amended generally.

    § 2174. Board of Trustees; power.

    The Board of Trustees may confer such honors and degrees as are usually given in colleges and universities and any other appropriate degrees and shall appoint a chancellor of the Corporation and a president for each institution under its control and prescribe their duties, salaries, and terms of office. The Board shall make bylaws and regulations for the government of its meetings and each institution under its control prescribing, among other things, the terms of admission, courses of instruction, educational standards, rates of tuition, scholarships, and other student aids.

    Added 1961, No. 247 , § 1, eff. July 28, 1961; amended 2015, No. 19 , § 1, eff. July 15, 2015.

    History

    Amendments--2015. Rewrote the first sentence.

    Cross References

    Cross references. Establishment of School of Nursing, see § 2635 of this title.

    Powers and responsibilities of Board of Trustees relative to postsecondary technical education programs, see § 1592 of this title.

    ANNOTATIONS

    1. Collective bargaining.

    Permissive portion of this section, which provides, inter alia, that Trustees may appoint necessary officers for each institution under its control, professors and instructors and any other necessary members of staff and prescribe their duties, salaries, and terms of office implicates matters which form the very heart of the collective bargaining process. Hackel v. Vermont State Colleges, 140 Vt. 446, 438 A.2d 1119 (1981).

    Statutory exception in 3 V.S.A. § 904(a), requiring collective bargaining for matters prescribed or controlled by statute, precludes collective bargaining only where outcome of any negotiations has been statutorily predetermined or expressly committed to the discretion of one party, and Legislature did neither by providing under this section that Trustees of Vermont State Colleges could appoint professors and prescribe their duties, salaries, and terms of office; consequently, the issues of tenure and promotion of faculty members are properly bargainable. Hackel v. Vermont State Colleges, 140 Vt. 446, 438 A.2d 1119 (1981).

    Collective bargaining agreement under which final authority concerning promotion and tenure of faculty was lodged in the presidents of the member colleges of Vermont State Colleges did not prevent trustees from promulgating, under this section and section 2175 of this title, qualitative criteria, setting numerical limits, or otherwise limiting promotion or tenure, but required that the standards promulgated by the trustees be applied in particular cases by the college presidents, whose determinations were to be final. Hackel v. Vermont State Colleges, 140 Vt. 446, 438 A.2d 1119 (1981).

    § 2175. Retirement system.

    The Corporation may deduct from funds appropriated to it for salaries, employer contributions to a retirement system established by its Board of Trustees, or to such other retirement system as the Board may choose.

    Added 1961, No. 247 , § 1, eff. July 28, 1961; amended 2013, No. 92 (Adj. Sess.), § 180, eff. Feb. 14, 2014.

    History

    Amendments--2013 (Adj. Sess.). Deleted "Tenure" preceding "Retirement" in the section heading, and deleted the former first sentence.

    Cross References

    Cross references. State Employees' Retirement System, see 3 V.S.A. chapter 16.

    State Teachers' Retirement System, see chapter 55 of this title.

    ANNOTATIONS

    Analysis

    1. Compliance with federal requirements.

    Vermont State Colleges is an instrumentality of the State and as a part of the educational system of the State is exempt from disclosing the operations of its retirement plan to the Secretary of Labor under the provisions of 29 U.S.C. § 303 (repealed and now covered by 29 U.S.C. § 1003). 1962-64 Op. Atty. Gen. 432.

    2. Transfer of retirement system membership.

    Teacher, who was a member of a faculty transferred to the Vermont State Colleges and who transferred membership from State Teachers' Retirement System to new retirement plan established by Vermont State Colleges, retained, under terms of section 1937 of this title and collective bargaining agreement, right to mandatory retirement age of 70. In re Guttman, 139 Vt. 574, 431 A.2d 491 (1981).

    Cited. Nzomo v. Vermont State Colleges, 138 Vt. 73, 411 A.2d 1366 (1980).

    § 2176. Procedures relating to accounting.

    The Corporation shall develop, administer, and install procedures relating to accounting practices, control of expenditures, budgets, audits, and purchase of supplies. The fiscal year of the Corporation shall be July 1 to June 30, and its fiscal biennium shall be the period of two successive fiscal years beginning July 1 of each odd-numbered year.

    Added 1961, No. 247 , § 1, eff. July 28, 1961.

    § 2177. Controls and audits; financial reports; other reports.

    1. Control of funds appropriated and of the work carried on shall be vested in the Board of Trustees.
    2. The financial statements of the Corporation shall be audited annually as of June 30 by an independent public accounting firm registered in Vermont in accordance with government auditing standards issued by the U.S. Government Accountability Office.
    3. , (d)  [Repealed.]

      (e) With the approval of the Governor, the Secretary of Administration, through the Deputy Secretary of Administration or any departments of the Agency of Administration that the Secretary may designate, shall have:

      1. the authority to allot to the Corporation the appropriation made by the General Assembly for the Corporation, which may be on a monthly basis or as the work of the Corporation may progress;
      2. the keeping of such controlling accounts as may be necessary in order to determine the accuracy and limit of the expenditures made under the allotments; and
      3. access to and the right to copy any records of the Corporation under such regulations as the Governor may prescribe.

        (f) The Corporation shall be governed by the allotments made pursuant to this section and shall not at any time exceed the sums allotted; provided, however, that nothing in this section authorizes the Secretary of Administration, the Deputy Secretary, or any department designated pursuant to subsection (e) of this section to decrease any appropriation, except to the extent that actual annual receipts are less than estimated receipts.

        Added 1961, No. 247 , § 1, eff. July 28, 1961; amended 2007, No. 121 (Adj. Sess.), § 3; 2007, No. 154 (Adj. Sess.), §§ 6, 9; 2009, No. 33 , § 83(g)(3); 2013, No. 92 (Adj. Sess.), § 181, eff. Feb. 14, 2014; 2019, No. 104 (Adj. Sess.), § 4.

    History

    2014. Substituted "department" for "commissioner" in subsec. (f) to conform with referenced subsec. (e).

    - 1961. Subsec. (e) of this section was originally codified as § 2180 of this title pursuant to the provisions of 1961, No. 247 , § 1, but was recodified as this section to correct an apparent error in the slip law and to conform to 1961, No. 247 as it appears in the session laws for 1961.

    Revision note - In subsecs. (c) and (e), references to "department of administration", "commissioner of administration" and "commissioner" changed to "agency of administration" and "secretary of administration"; in subsec. (e) reference to "budget director" changed to "commissioner of budget and management" and references to "divisions" and "division director" changed to "departments" and "department commissioner" to conform references to new titles and reorganization of state government. See 3 V.S.A. chapter 45.

    In subsec. (e), substituted "deputy secretary of administration" for "commissioner of budget and management" in light of Executive Order No. 35-87, dated Jan. 14, 1987, which provided for the abolition of the department of budget and management and the redesignation of the commissioner of budget and management prior to the abolition of that department as the deputy secretary of administration. By its own terms, Executive Order No. 35-87 took effect on July 1, 1987, pursuant to 3 V.S.A. § 2002. For the text of Executive Order No. 35-87, see chapter 1 of Title 3 Appendix.

    2008. The text of this section is based on the harmonization of two amendments. During the 2007 Adjourned Session, this section was amended twice, by Act Nos. 121 and 154, resulting in two versions of this section. In order to reflect all of the changes enacted by the Legislature during the 2007 Adjourned Session, the text of Act Nos. 121 and 154 was merged to arrive at a single version of this section. The changes that each of the amendments made are described in the amendment notes set out below.

    Amendments--2019 (Adj. Sess.). Subsec. (b): Deleted the last sentence.

    Amendments--2013 (Adj. Sess.). Section amended generally.

    Amendments--2009. Subsec. (c): Repealed.

    Amendments--2007 (Adj. Sess.) Subsec. (b): Act 121 substituted "financial statements" for "books and accounts"; deleted "under the supervision of the auditor of accounts who shall publish the audit report in detail" following "June 30"; added the language beginning "by an independent" and ending with "Government Accountability Office (GAO)"; and added the second sentence.

    Subsec. (b): Act 154 deleted "who shall publish the audit report in detail" following "accounts".

    Subsec. (d): Repealed by Act No. 154.

    ANNOTATIONS

    1. Public inspection of documents.

    The public is not entitled to examine the financial records and documents of the Vermont State Colleges and the University of Vermont, but is entitled to examine detailed reports on and audits of the records. 1970-72 Op. Atty. Gen. 73.

    § 2178. Tax exemption.

    All real and personal property owned by the Corporation and used for educational and not commercial purposes shall be exempt from taxation.

    Added 1961, No. 247 , § 1, eff. July 28, 1961; amended 2005, No. 207 (Adj. Sess.), § 8.

    History

    Amendments--2005 (Adj. Sess.). Inserted "and used for educational and not commercial purposes" following "corporation".

    § 2179. Nonapplicability of certain statutes.

    Except as expressly provided in this chapter, the Corporation, its officers, and employees shall not be governed by:

    1. 3 V.S.A. chapter 9, dealing with administrative departments;
    2. 3 V.S.A. chapter 13, dealing with classification of State personnel;
    3. 3 V.S.A. chapter 16, dealing with the State Employees Retirement System, except as may be otherwise agreed by the Board of Trustees of the System and the Board of Trustees of the Corporation with respect to those officers and employees of the Corporation transferred to the Corporation from the State institutions replaced by the Corporation;
    4. chapter 55 of this title, dealing with the State Teachers Retirement System, except as may be otherwise agreed by the Board of Trustees of the System and the Board of Trustees of the Corporation with respect to those officers and employees of the Corporation transferred to the Corporation from the State institutions replaced by the Corporation;
    5. 32 V.S.A. chapter 7, dealing with public monies;
    6. chapters 3 and 5 of this title, dealing with the State Board and the Secretary of Education;
    7. 29 V.S.A. chapter 49, dealing with supplies, duties of the Commissioner of Buildings and General Services as to purchases of material, supplies, or equipment, except upon request of the Corporation;
    8. 29 V.S.A. chapter 5, dealing with the Department of Buildings and General Services, except that any contracts awarded for the construction of buildings by the Corporation shall continue to be subject to the provisions of 29 V.S.A. § 161(b) ; or
    9. 21 V.S.A. § 342(c) , dealing with required written employee authorization before an employer may pay wages through electronic funds transfer or other direct deposit systems to a checking, savings, or other deposit account maintained by the employee within or outside the State.

      Added 1961, No. 247 , § 1, eff. July 28, 1961; amended 1967, No. 50 ; 1973, No. 240 (Adj. Sess.), § 2, eff. April 8, 1974; 1983, No. 147 (Adj. Sess.), § 4(a), (b), eff. April 11, 1984; 1995, No. 148 (Adj. Sess.), § 4(c)(2), eff. May 6, 1996; 2003, No. 63 , § 47, eff. June 11, 2003; 2009, No. 4 , § 87, eff. May 1, 2009; 2013, No. 92 (Adj. Sess.), § 182, eff. Feb. 14, 2014; 2015, No. 48 , § 4.

    History

    Revision note. Reference to "chapter 15 of Title 3" was changed to "chapter 16 of Title 3" since chapter 15 was repealed by 1971, No. 231 (Adj. Sess.), which enacted chapter 16.

    Reference to "chapter 50 of Title 29" was changed to "chapter 49 of Title 29" to conform to renumbering of the chapter.

    Reference to "purchasing director" following "supplies, duties of" changed to "commissioner of general services" in light of Executive Order No. 35-87, dated Jan. 14, 1987, which provided for the abolition of the division of purchasing, designation of the exempt position of director of purchasing as the commissioner of general services, and transfer of the duties, responsibilities, and authority of the former director of purchasing to the commissioner of the department of general services as established by the order. By its own terms, Executive Order No. 35-87 took effect on July 1, 1987, pursuant to 3 V.S.A. § 2002. For the text of Executive Order No. 35-87, see chapter 1 of Title 3 Appendix.

    Substituted "commissioner of general services and chief of administration" for "commissioner of general services" in subdiv. (7) in light of Executive Order No. 04-91, which provided for the redesignation of the exempt position of commissioner of the department of general services as the commissioner of general services and chief of administration. By its own terms, Executive Order No. 04-91 took effect on January 1, 1991.

    Substituted "commissioner of general services" for "commissioner of general services and chief of administration" in subdiv. (7) in light of Executive Order No. 01-93, which provided for the rescission of the provisions of Executive Order No. 04-91 authorizing the redesignation of the commissioner of the department of general services as the commissioner of general services and chief of administration. By its own terms, Executive Order No. 01-93 took effect on January 10, 1993. For the text of Executive Order No. 01-93, see chapter 1 of Title 3 Appendix.

    Substituted "department of buildings and general services" for "state buildings department" and "commissioner of buildings and general services" for "state buildings commissioner" in subdiv. (8) for purposes of conformity with 1995, No. 148 (Adj. Sess.), § 4(c)(1), eff. May 5, 1996.

    Amendments--2015. Subdiv. (9): Substituted "21 V.S.A. § 342(c)" for "21 V.S.A. § 342(d)".

    Amendments--2013 (Adj. Sess.). Subdiv. (6): Substituted "State Board and the Secretary of Education" for "state board of education and the commissioner of education".

    Amendments--2009 Added subdiv. (9) at the end of the paragraph.

    Amendments--2003. Added "contracts awarded for the" preceding "construction of buildings" and substituted "continue to be subject to the provisions of 29 V.S.A. § 161(b)" for "be under . . . general services" at the end of the section.

    Amendments--1995 (Adj. Sess.) Substituted "commissioner of buildings and general services" for "commissioner of general services" in subdiv. (7).

    Amendments--1983 (Adj. Sess.). Substituted "state buildings department" for "state buildings division" preceding "except that any construction of buildings by the corporation shall be under the supervision of the" and "state buildings commissioner" for "state buildings director" thereafter.

    Amendments--1973 (Adj. Sess.). Rewrote subdiv. (8).

    Amendments--1967. Substituted "except upon request of the corporation" for "where the purchase price concerned is less than $100.00" in subdiv. (7).

    § 2180. Repealed. 2015, No. 19, § 1, effective July 15, 2015.

    History

    Former § 2180. Former § 2180, relating to first meeting of Board, was derived from 1961, No. 247 , § 1.

    § 2181. Repealed. 1967, No. 8, § 1.

    History

    Former § 2181. Former § 2181, relating to sale or lease of Lyndon Teachers College, was derived from 1961, No. 279 , §§ 1-3. For present provision relating to sale or lease of institutions, see § 2171 of this title.

    § 2182. Repealed. 2009, No. 106 (Adj. Sess.), § 2(1), eff. May 13, 2010.

    History

    Former § 2182. Former § 2182, relating to harassment and hazing prevention policies; Vermont State Colleges, was derived from 1993, No. 162 (Adj. Sess.), § 5 and amended by 1999, No. 120 (Adj. Sess.), § 7. For present provisions, see § 178 of this title.

    § 2183. Repealed. 1999, No. 62, § 62.

    History

    Former § 2183. Former § 2183, relating to Vermont State Colleges administration of National Guard scholarships, was derived from 1997, No. 147 (Adj. Sess.), § 59a. The subject matter is now covered by § 2856 of this title.

    § 2184. School of Dental Hygiene.

    1. The Vermont State Colleges shall establish and operate a School of Dental Hygiene for the training of dental hygienists. The Colleges shall have the authority to grant certificates of graduation on the successful completion of a two-year course in dental hygiene.
    2. The General Assembly shall appropriate funds to conduct a curriculum of a recognized School of Dental Hygiene to the State Colleges.
    3. The Colleges shall grant special tuition rates to residents of the State who agree to practice dental hygiene in the State for two years following graduation. The Colleges shall give preference in admissions to eligible students who are residents of the State.
    4. The Vermont State Colleges are authorized and empowered to receive from any source sums donated for scholarships or general improvements and may cooperate with the federal government or any agency thereof in securing federal funds for dental hygiene education in the State.

      Added 2003, No. 107 (Adj. Sess.), § 11.

    History

    2003 (Adj. Sess.). The School of Dental Hygiene was formerly created in the University of Vermont under 18 V.S.A. chapter 7, subchapter 2. The school was transferred to the Vermont State Colleges in 2003 No. 66, § 202. 2003 No. 107 (Adj. Sess.) repealed 18 V.S.A. chapter 7, subchapter 2 and created § 2184.

    § 2185. Determination of residency for tuition purposes.

    1. The Board of Trustees shall adopt policies related to residency for tuition purposes, consistent with State and federal requirements.
    2. Any member of the U.S. Armed Forces on active duty who is transferred to Vermont for duty other than for the purpose of education shall, upon transfer and for the period of active duty served in Vermont, be considered a resident for in-state tuition purposes at the start of the next semester or academic period.

      Added 2003, No. 127 (Adj. Sess.), § 2; amended 2015, No. 19 , § 1, eff. July 15, 2015.

    History

    2003 (Adj. Sess.). This section was enacted as section 2183 of this title, but was redesignated as section 2185 to avoid conflict with section 2183, which was repealed by 1999 No. 62, § 62.

    Amendments--2015. Added subsec. (a) and redesignated the existing provisions of the section as subsec. (b), and in that subsec., substituted "U.S. Armed Forces" for "Armed Forces of the United States".

    § 2186. Reserve funds.

    1. The Vermont State Colleges may create and establish one or more special funds, referred to in this section as "debt service reserve funds," and shall pay into each debt service reserve fund:
      1. any monies appropriated and made available by the State for the purpose of the fund;
      2. any proceeds of the sale of notes or bonds, to the extent provided in the resolution or resolutions of the Vermont State Colleges authorizing the issuance thereof; and
      3. any other monies that may be made available to the Vermont State Colleges for the purpose of the fund from any other source or sources.
    2. All monies held in any debt service reserve fund, except as provided in this section, shall be used, as required, solely for the payment of the principal or purchase or redemption price of or interest or redemption premium on bonds or notes secured in whole or in part by the fund or of sinking fund payments with respect to the bonds or notes; provided, however, that monies in any fund shall not be withdrawn from the fund at any time in an amount as would reduce the amount of the fund to less than the debt service reserve requirement established by resolution of the Vermont State Colleges for the fund as hereafter provided, except for the purpose of making payments, when due, of principal, interest, redemption premiums, and sinking fund payments with respect to bonds and notes secured in whole or in part by the fund for the payment of which other monies of the Vermont State Colleges are not available. Any income or interest earned by any debt service reserve fund may be transferred to other funds or accounts of the Vermont State Colleges to the extent that it does not reduce the amount of the fund below the requirement for the fund.
    3. The Vermont State Colleges shall not at any time issue bonds or notes secured in whole or in part by a debt service reserve fund if upon the issuance of the bonds or notes the amount in the debt service reserve fund will be less than the debt service reserve requirement established by resolution of the Vermont State Colleges for the fund, unless the Vermont State Colleges at the time of issuance of the bonds or notes shall deposit in the fund from the proceeds of the bonds or notes so to be issued, or from other sources, an amount that, together with the amount then in the fund, will not be less than the debt service reserve requirement established for the fund. The debt service reserve requirement for any debt service reserve fund shall be established by resolution of the Vermont State Colleges prior to the issuance of any bonds or notes secured in whole or in part by the fund and shall not be required to exceed "maximum debt service," which shall mean, as of any particular date of computation, an amount equal to the greatest of the respective amounts, for the then-current or any future fiscal year of the Vermont State Colleges, of annual debt service on the bonds and notes of the Vermont State Colleges secured or to be secured in whole or in part by the debt service reserve fund.
    4. In the computation of the amount of the debt service reserve funds for the purpose of this section, securities in which any of the funds shall be invested shall be valued at par if purchased at par or at amortized value, as the term is defined by resolution of the Vermont State Colleges, if purchased at other than par.
    5. In order to ensure the maintenance of the debt service reserve requirement in each debt service reserve fund established by the Vermont State Colleges, there may be appropriated annually and paid to the Vermont State Colleges for deposit in each fund the sum as shall be certified by the Chair of the Board of Trustees of the Vermont State Colleges to the Governor, the President of the Senate, and the Speaker of the House as is necessary to restore each such debt service reserve fund to an amount equal to the debt service reserve requirement for the fund. The Chair shall annually, on or about February 1, make and deliver to the Governor, the President of the Senate, and the Speaker of the House his or her certificate stating the sum required to restore each debt service reserve fund to the amount equal to the debt service reserve requirement for the fund, and the sum so certified may be appropriated, and if appropriated, shall be paid to the Vermont State Colleges during the then-current State fiscal year. The principal amount of bonds or notes outstanding at any one time and secured in whole or in part by a debt service reserve fund to which State funds may be appropriated pursuant to this subsection shall not exceed $34,000,000.00, provided that the foregoing shall not impair the obligation of any contract or contracts entered into by the Vermont State Colleges in contravention of the Constitution of the United States of America.
    6. The proceeds of any bonds or notes secured by a debt service reserve fund to which State funds may be appropriated pursuant to this section shall be applied solely to costs of reconstruction, rehabilitation, or improvement of existing facilities or property of the Vermont State Colleges.

      Added 2007, No. 200 (Adj. Sess.), § 48; amended 2019, No. 131 (Adj. Sess.), § 94.

    History

    Amendments--2019 (Adj. Sess.). Subsec. (a): Deleted "herein" preceding "referred" and inserted "in this section".

    Subsec. (b): In the first sentence, deleted "hereinafter" following "except as", inserted "in this section" and substituted "from the fund" for "therefrom".

    Subsec. (e): Substituted "equal to the debt service reserve requirement for the fund" for "aforesaid" in the second sentence.

    CHAPTER 73. VERMONT AGRICULTURAL AND TECHNICAL INSTITUTE

    Sec.

    §§ 2221-2228. Repealed. 1961, No. 247, § 4, eff. July 28, 1961.

    History

    Former §§ 2221-2228. Former § 2221, relating to name and purpose, was derived from 1961, No. 48 ; 1957, No. 248 , § 1; 1949, No. 105 ; V.S. 1947, § 4473; P.L. § 4393; 1933, No. 157 , § 4123; G.L. § 1403; 1915, No. 76 , §§ 1, 2, 3; 1910, No. 60 ; 1910, No. 62 , § 1.

    Former § 2222, relating to board of trustees, was derived from 1957, No. 248 , § 2.

    Former § 2223, relating to management of school, was derived from 1957, No. 248 , § 3.

    Former § 2224, relating to reports, was derived from 1957, No. 248 , § 6; V.S. 1947, § 4477; P.L. § 4397; 1933, No. 157 , § 4127; G.L. § 1407; 1917, No. 17 , § 17; 1917, No. 60 , § 1; 1915, No. 76 , § 4; 1910, No. 62 , § 3.

    Former § 2225, relating to donations and bequests, was derived from 1957, No. 248 , § 4; V.S. 1947, § 4475; P.L. § 4395; 1933, No. 157 , § 4125; G.L. § 1405; 1915, No. 76 , § 5; 1910, No. 62 , § 4.

    Former § 2226, relating to receipt and disbursement of federal aid and donations, was derived from 1957, No. 248 , § 5; V.S. 1947, § 4476; P.L. § 4396; 1933, No. 157 , § 4126; G.L. § 1406; 1917, No. 17 , § 17; 1917, No. 60 , § 1; 1915, No. 76 , § 6.

    Former § 2227, relating to manner of drawing appropriations, was derived from 1957, No. 248 , § 7; V.S. 1947, § 4478; P.L. § 4398; 1933, No. 157 , § 4128; G.L. § 1408; 1917, No. 58 ; 1917, No. 60 , § 1; 1915, No. 75 ; 1915, No. 76 , § 7; 1910, No. 62 , § 5.

    Former § 2228, relating to appropriations authorized, was derived from 1957, No. 248 , § 9.

    Transfer of property, powers, duties, and obligations. See note set out under § 2171 of this title.

    CHAPTER 75. UNIVERSITY OF VERMONT AND STATE AGRICULTURAL COLLEGE

    Cross References

    Cross references. In addition to statute, the University of Vermont and State Agricultural College operates pursuant to a charter granted in 1791 and since amended. For a history of legislative activity regarding the charter, and for the charter provisions, see Part I, chapter 1 of Title 16 App.

    Grants, scholarships and education loan programs, see chapter 87 of this title.

    Subchapter 1. General Provisions

    ANNOTATIONS

    Analysis

    1. Legal status.

    The University of Vermont and State Agricultural College is a public corporation. 1958-60 Op. Atty. Gen. 229.

    2. Civil liability.

    University of Vermont and Vermont Agricultural College, which was organized as public corporation with all rights and powers incident to corporations, was not immune from suit under the prohibition in the Eleventh Amendment of the U.S. Constitution against actions against state by nonresidents. Connelly v. University of Vermont & State Agricultural College, 244 F. Supp. 156 (D. Vt. 1965).

    3. Dismissal of students.

    School authorities have absolute discretion in determining whether a student has been delinquent in his studies. Connelly v. University of Vermont and State Agricultural College, 244 F. Supp. 156 (D. Vt. 1965).

    Rule of judicial nonintervention in scholastic affairs is particularly applicable in case of medical school, which must be the judge of student qualifications, as courts are not supposed to be learned in medicine and are not qualified to pass opinion to attainments of students in medicine. Connelly v. University of Vermont and State Agricultural College, 244 F. Supp. 156 (D. Vt. 1965).

    College student dismissal, motivated by bad faith, arbitrariness, or capriciousness, may be actionable. Connelly v. University of Vermont and State Agricultural College, 244 F. Supp. 156 (D. Vt. 1965).

    If it were determined that instructor in State College of Medicine acted arbitrarily, capriciously, or in bad faith in failing student, court could order university to give dismissed medical student fair and impartial hearing on his dismissal order. Connelly v. University of Vermont and State Agricultural College, 244 F. Supp. 156 (D. Vt. 1965).

    Whether dismissed medical student should or should not have received passing grade for period in question was matter wholly within jurisdiction of school authorities who alone were qualified to make determination, and allegation that university student should have received a passing grade was not subject for judicial review and complaint failed to state claim upon which relief could be granted. Connelly v. University of Vermont and State Agricultural College, 244 F. Supp. 156 (D. Vt. 1965).

    § 2281. Annual audit; reports; control of funds.

    1. The books and accounts of the University of Vermont and State Agricultural College shall be audited annually as of June 30 by an independent accounting firm registered in the State of Vermont in accordance with government auditing standards issued by the U.S. Government Accountability Office (GAO). The Auditor of Accounts or his or her designee shall be the State's nonvoting representative to an audit committee established by the Board.
    2. , (c)  [Repealed.]

      (d) Control of funds appropriated and of the work carried on shall be vested in the Board of Trustees of the University of Vermont and State Agricultural College.

      (e) The University of Vermont and State Agricultural College shall provide an accounting service that shall account for the expenditures by divisions.

      (f) Control of funds appropriated shall be vested in the Board of Trustees of the University of Vermont and State Agricultural College. All funds appropriated to the Agricultural College shall be kept in a separate account and shall be audited annually by an independent accounting firm registered in the State of Vermont in accordance with government auditing standards issued by the U.S. Government Accountability Office.

      Amended 2007, No. 121 (Adj. Sess.), § 4; 2007, No. 154 (Adj. Sess.), §§ 6, 10; 2009, No. 33 , §§ 36, 83(g)(4); 2015, No. 23 , § 40.

    History

    Source. 1957, No. 262 , § 5. 1955, No. 217 , § 7. V.S. 1947, § 4491. 1945, No. 73 , § 4.

    Codification. Subsecs. (a)-(e) were from section 5 of 1957, No. 262 , making appropriations for the university, which may have been effective only through the fiscal year ending June 30, 1959, since provisions on the same subject were contained in earlier appropriation acts and 1959, No. 256 , § 5 contained similar provisions. However, since the section did not indicate by its own terms that it was temporary in nature, and the subject matter was such that it might well be a permanent provision, it was codified.

    Subsec. (f) was derived from V.S. 1947, § 4491, as amended by 1955, No. 217 , § 7, and may have been superseded by 1957, No. 262 , § 5, set out as subsecs. (d) and (e) of this section, since the provisions were the same except as to the annual financial report to the Governor and the requirement that funds appropriated to the agricultural college be kept in a separate account.

    Revision note. The reference to "the Vermont Agricultural College" was changed to "the agricultural college" pursuant to 1955, No. 66 , § 6, which added § 14 to 1865, No. 83 , the act incorporating the university.

    2008. The text of this section is based on the harmonization of two amendments. During the 2007 Adjourned Session, this section was amended twice, by Act Nos. 121 and 154, resulting in two versions of this section. In order to reflect all of the changes enacted by the Legislature during the 2007 Adjourned Session, the text of Act Nos. 121 and 154 was merged to arrive at a single version of this section. The changes that each of the amendments made are described in the amendment notes set out below.

    Amendments--2015. Subsec. (f): Deleted "and of the work carried on under the terms of section 2321 of this title" preceding "shall be vested" in the first sentence.

    Amendments--2009. Subsec. (b): Repealed.

    Subsec. (f): Deleted the second sentence.

    Amendments--2007 (Adj. Sess.) Subsec. (a): Act No. 121 rewrote subsec. (a), and substituted "an independent accounting firm registered in the state of Vermont in accordance with government auditing standards issued by the United States Government Accountability Office (GAO)" for "the auditor of accounts" in the last sentence of subsec. (f).

    Subsec. (a): Act No. 154 deleted the former second sentence.

    Subsec. (c): Repealed by Act No. 154.

    Cross References

    Cross references. Fiscal officers and fiscal matters generally, see 32 V.S.A. chapter 3.

    Reports of appropriations and expenditures, see 32 V.S.A. § 301.

    ANNOTATIONS

    Analysis

    1. Audit.

    Audit under section could individually properly set forth financial condition of University of Vermont and that of State Agricultural College. 1952-54 Op. Atty. Gen. 63.

    2. Public inspection of documents.

    The public is not entitled to examine the financial records and documents of the Vermont State Colleges and the University of Vermont, but is entitled to examine detailed reports on and audits of the records. 1970-72 Op. Atty. Gen. 73.

    Cited. Sprague v. University of Vermont, 661 F. Supp. 1132 (D. Vt. 1987); Animal Legal Defense Fund, Inc. v. Institutional Animal Care & Use Committee, 159 Vt. 133, 616 A.2d 224 (1992).

    § 2282. Repealed. 2015, No. 172 (Adj. Sess.), § E.600.1.

    History

    Former § 2282. Former § 2822, relating to limit on tuition for Vermont students, was derived from 1965, No. 198 , § 2(a)-(i) and amended by 1967, No. 131 , § 9; 1967, No. 371 (Adj. Sess.), § 1; 1971, No. 175 (Adj. Sess.), § 1; 1973, No. 69 , § 1; 1973, No. 157 (Adj. Sess.), § 1; 1975, No. 170 (Adj. Sess.), § 2; 1985, No. 24 , § 2; 1993, No. 147 (Adj. Sess.), § 2; 2003, No. 21 , § 2 and 2003, No. 86 (Adj. Sess.), § 3.

    Annotations From Former § 2282

    1. Review of eligibility status.

    Review of in-state tuition eligibility determinations beyond the internal mechanism established pursuant to subsec. (c) of this section may be obtained in Superior Court by writ of certiorari as provided by 4 V.S.A. § 113. Molesworth v. University of Vermont, 147 Vt. 4, 508 A.2d 722 (1986).

    2. Burden of proof.

    Trustees of state university had implicit authority to adopt a standard of proof applicable to residency determinations, in furtherance of their legislative charge to implement state policy on reduced tuition for in-state students; delegation of authority to university to define and decide residency determinations was sufficiently broad to encompass adoption of regulations and procedures that included a burden of proof. Huddleston v. University of Vermont, 168 Vt. 249, 719 A.2d 415 (1998).

    3. Evidence.

    Record contained ample competent evidence to support the determination of the University of Vermont (UVM) under its regulations that plaintiff was ineligible for in-state tuition status when plaintiff admitted in an earlier application for in-state status that he came to Vermont with the plan and intent not only to obtain an undergraduate degree, but thereafter to attend medical school; he applied to the UVM medical school while still enrolled as an undergraduate; and he enrolled as a medical student within one year after completing his undergraduate coursework. Furthermore, there was sufficient evidence that plaintiff was supported by his family in that he had acknowledged the receipt of financial support in a previous application for in-state status; his educational trust fund had increased during the previous year from $3,000 to $50,000 with no indication as to the source of the funds; his father was listed as the co-purchaser and co-borrower when plaintiff bought his residence; and his annual income was insufficient to fund the home purchase, trust fund, and education costs. Roberts v. Univ. of Vt., 193 Vt. 529, 70 A.3d 1058 (2013).

    Cited. Shatkin v. University of Vermont, 133 Vt. 401, 346 A.2d 525 (1975).

    § 2282a. Determination of residency for tuition purposes.

    1. Enrollment at an institution for higher learning, or presence within the State for the purposes of attending an institution of higher learning, shall not by itself constitute residence for in-state tuition purposes or for the purpose of eligibility for assistance from the Vermont Student Assistance Corporation.
    2. Any member of the Armed Forces of the United States on active duty who is transferred to Vermont for duty other than for the purpose of education shall, upon transfer and for the period of active duty served in Vermont, be considered a resident for in-state tuition purposes at the start of the next semester or academic period.

      1971, No. 184 (Adj. Sess.), § 30, eff. March 29, 1972; amended 2003, No. 127 (Adj. Sess.), § 1.

    History

    Amendments--2003 (Adj. Sess.). Designated the former section as subsec. (a), substituted "in-state" for "instate", and added subsec. (b).

    Cross References

    Cross references. Vermont Student Assistance Corporation, see chapter 87 of this title.

    ANNOTATIONS

    Cited. Shatkin v. University of Vermont, 133 Vt. 401, 346 A.2d 525 (1975); Huddleston v. University of Vermont, 168 Vt. 249, 719 A.2d 415 (1998).

    § 2283. Department of Police Services.

    1. The Board of Trustees may establish a Department of Police Services and authorize the appointment to the Department of police officers and a director of the Department who shall be a police officer. Officers so appointed shall be sworn and shall have all law enforcement powers provided by 24 V.S.A. § 1935 . Appointments and oaths shall be in writing and shall be filed with and maintained by the Board of Trustees of the University of Vermont and State Agricultural College. The director shall have free and direct access to the Board of Trustees on matters pertaining to law enforcement.
    2. An officer appointed pursuant to this section shall have no law enforcement authority until satisfactory completion of a course of training pursuant to 20 V.S.A. chapter 151. The University of Vermont shall have access to training programs offered pursuant to 20 V.S.A. chapter 151 upon the same terms and conditions as municipal police officers. Nothing in this section shall prohibit the Board of Trustees or its duly authorized representative from requiring additional qualification or training as a condition of initial or continuing appointment.
    3. An officer appointed under authority of this section shall be an employee of the University of Vermont and shall be subject to such terms and conditions of employment as are imposed by the Board of Trustees or its duly authorized representative. An officer so appointed may exercise law enforcement authority only while employed in good standing by the University of Vermont.
    4. Upon written complaint of misconduct by one or more persons concerning any police officer appointed under this section, the director of the Department shall cause an investigation to be conducted in a manner consistent with the policies and procedures established by the Board of Trustees or its duly authorized representative for such purposes. The complainant may appeal the final action of the department to the President of the University of Vermont, who shall convene an advisory commission consisting of three persons, no more than one of whom has a direct or indirect University affiliation. The advisory commission shall provide advice and counsel to the President in assuring appropriate final disposition of the complaint.
    5. Without limiting the powers described in subsection (a) of this section, the Department of Police Services may, for the purpose of coordinating effective law enforcement services, enter into any arrangements or agreements with any municipality if deemed necessary or appropriate by the Board of Trustees or its duly authorized representative.

      Added 1991, No. 142 (Adj. Sess.); amended 2019, No. 131 (Adj. Sess.), § 95.

    History

    Amendments--2019 (Adj. Sess.). Subsec. (a): Substituted "to the Department" for "thereto" in the first sentence.

    ANNOTATIONS

    1. Constitutionality.

    Because the University of Vermont and State Agricultural College (UVM) is an instrumentality of the State whose officials wield governmental authority, in enacting the statute empowering the trustees of UVM to create a police force, the Legislature properly delegated its police power to a State instrumentality. There was no plain and palpable invasion of constitutional rights resulting from the passage of the statute or the existence and operation of UVM's police department. State v. Curley-Egan, 180 Vt. 305, 910 A.2d 200 (September 1, 2006).

    When the University of Vermont and State Agricultural College (UVM) acts pursuant to this section to create a police force, its conduct is governmental action reviewable under the Vermont Rules of Civil Procedure. Thus, the complaint procedure remains transparent and subject to oversight by the Judiciary, a public governmental institution. In addition, this section does not alter UVM's exposure under federal law for misconduct by its police officers. Thus, the view that the complaint mechanism renders the UVM police department unanswerable to the people is unfounded. State v. Curley-Egan, 180 Vt. 305, 910 A.2d 200 (September 1, 2006).

    This section is not invalid on the basis that UVM is a State instrumentality only to the extent its activities implicate "public education issues." By ensuring a safe learning environment, a basic precondition of a successful educational institution, the UVM police department fulfills a role closely related to the educational mission of the institution. Therefore, the creation and operation of its police force implicate and promote UVM's educational mission such that UVM is properly viewed as a State instrumentality in this context. State v. Curley-Egan, 180 Vt. 305, 910 A.2d 200 (September 1, 2006).

    The Legislature did not exceed its constitutional authority in the delegation of statewide, as opposed to geographically limited, jurisdiction to the police force of the University of Vermont and State Agricultural College (UVM). Because UVM's public status made it a proper recipient of the Legislature's delegation of police power, the Legislature was free to allocate statewide jurisdiction to its police force. State v. Curley-Egan, 180 Vt. 305, 910 A.2d 200 (September 1, 2006).

    § 2284. Repealed. 2009, No. 106 (Adj. Sess.), § 2(2), eff. May 13, 2010.

    History

    Former § 2284. Former § 2284, relating to harassment and hazing prevention policies; University of Vermont, was derived from 1993, No. 162 (Adj. Sess.), § 6 and amended by 1999, No. 120 (Adj. Sess.), § 8. For present provisions, see § 178 of this title.

    2010. 2009, No. 106 (Adj. Sess.), § 1 adds 16 V.S.A. § 178.

    § 2285. Nonapplicability of certain requirements for payment of wages.

    Except as expressly provided in this chapter, the University of Vermont and State Agricultural College and its Board of Trustees, officers, and employees shall not be subject to the provisions of 21 V.S.A. § 342(c) that require written employee authorization before an employer may pay wages through electronic funds transfer or other direct deposit systems to a checking, savings, or other deposit account maintained by the employee within or outside the State.

    Added 2015, No. 48 , § 4a.

    Subchapter 2. Agricultural College

    §§ 2321 Repealed. 2013, No. 56, § 15(4), eff. May 30, 2013.

    History

    Former § 2321. Former § 2321, relating to Agricultural College divisions established, was derived from V.S. 1947, § 4488; 1945, No. 73 , §§ 1, 2.

    § 2322. Repealed. 2007, No. 154 (Adj. Sess.), § 6(11).

    History

    Former § 2322. Former § 2322, relating to the State Agricultural College dean's biennial submission of the estimated budget for the College's research station and a statement of federal and other available funding, was derived from V.S. 1947, § 4492 and amended by 1947, No. 72 , § 3.

    § 2323. Repealed. 2013, No. 56, § 15(4), eff. May 30, 2013.

    History

    Former § 2323. Former § 2323, relating to the retirement system for the University of Vermont and State Agricultural College, was derived from V.S. 1947, § 4493; 1945, No. 73 , § 5(c); 1939, No. 92 , § 1.

    Annotations From Former § 2323

    Cited. Sprague v. University of Vermont, 661 F. Supp. 1132 (D. Vt. 1987).

    § 2324. Repealed. 1981, No. 209 (Adj. Sess.), § 2, eff. Jan. 1, 1984.

    History

    Former § 2324. Former § 2324, relating to annual payments by towns and cities of expenses incurred in the employment of county extension agents, was derived from 1953, No. 116 , § 1; 1949, No. 106 , § 1; V.S. 1947, §§ 4494-4497; 1947, No. 74 , §§ 1-4, and amended by 1967, No. 299 (Adj. Sess.), §§ 1, 2; 1981, No. 209 (Adj. Sess.), § 1.

    Action for recovery of money due. 1981, No. 209 (Adj. Sess.), § 2, eff. April 25, 1982, provided that notwithstanding the repeal of this section, an action could be maintained as provided in subsec. (c) in the event that a town or city neglected or refused to pay the sum of money due.

    § 2324a. Repealed. 1983, No. 100 (Adj. Sess.), § 2, eff. Dec. 31, 1986.

    History

    Former § 2324a. Former § 2324a, relating to annual payments by towns and cities of expenses incurred in the employment of county extension agents, was derived from 1983, No. 100 (Adj. Sess.), § 1.

    §§ 2325-2327. Repealed. 2013, No. 56, § 15(4), eff. May 30, 2013.

    History

    Former § 2325. Former § 2325, relating to the agency for cooperation under federal soil conservation law, was derived from 1947, § 4498; 1937, No. 81 , § 1 and amended by 2009, No. 33 , § 37.

    Former § 2326. Former § 2326, relating to the bull barn, was derived from 1949, No. 41 , § 3.

    Former § 2327. Former § 2327, relating to the Morgan Horse Farm Committee, was derived from 1951, No. 259 , § 2 and amended by 1953, No. 271 .

    Subchapter 3. College of Medicine

    §§ 2361 Repealed. 2013, No. 56, § 15(5), eff. May 30, 2013.

    History

    Former § 2361. Former § 1124, relating to agreement for practice or refund by resident students, was derived from 1947, § 4483; P.L. § 4402; 1927, No. 39 , § 2.

    § 2362. Repealed. 2005, No. 71, § 271.

    History

    Former § 2362. Former § 2362, relating to Commissioner of Finance and Management payments for medical students, was derived from 1955, No. 128 , § 1; 1953, No. 247 ; V.S. 1947, §§ 4484, 4485; P.L. §§ 4403, 4404; 1925, No. 39 , § 1; 1919, No. 61 , §§ 1, 2 and amended by 1983, No. 195 (Adj. Sess.), § 5(b).

    Annotations From Former § 2362

    1. Construction.

    This section is remedial in nature, which entitles its provisions to a liberal interpretation. 1966-68 Op. Atty. Gen. 56.

    2. Time limitation.

    The provisions of subsec. (a) of this section fixing the time for payments is directory and not mandatory; thus a grant may be made after September 1. 1966-68 Op. Atty. Gen. 56.

    § 2363. Reserve funds.

    1. The University of Vermont and State Agricultural College may create and establish one or more special funds, referred to in this section as "debt service reserve funds," and shall pay into each such debt service reserve fund:
      1. any monies appropriated and made available by the State for the purpose of such fund;
      2. any proceeds of the sale of notes or bonds, to the extent provided in the resolution or resolutions of the University of Vermont and State Agricultural College authorizing the issuance thereof; and
      3. any other monies that may be made available to the University of Vermont and State Agricultural College for the purpose of such fund from any other source or sources.
    2. All monies held in any debt service reserve fund, except as provided in this section, shall be used, as required, solely for the payment of the principal or the purchase or redemption price of or interest or redemption premium on bonds or notes secured in whole or in part by such fund or of sinking fund payments with respect to the bonds or notes; provided, however, that monies in any fund shall not be withdrawn at any time in such amount as would reduce the amount of the fund to less than the debt service reserve requirement established by resolution of the University of Vermont and State Agricultural College for the fund as hereafter provided, except for the purpose of making payments, when due, of principal, interest, redemption premiums, and sinking fund payments with respect to bonds and notes secured in whole or in part by the fund for the payment of which other monies of the University of Vermont and State Agricultural College are not available. Any income or interest earned by any debt service reserve fund may be transferred to other funds or accounts of the University of Vermont and State Agricultural College to the extent that it does not reduce the amount of the fund below the requirement for such fund.
    3. The University of Vermont and State Agricultural College shall not at any time issue bonds or notes secured in whole or in part by a debt service reserve fund if upon the issuance of the bonds or notes the amount in the debt service reserve fund will be less than the debt service reserve requirement established by resolution of the University of Vermont and State Agricultural College for the fund, unless the University of Vermont and State Agricultural College at the time of issuance of the bonds or notes shall deposit in the fund from the proceeds of the bonds or notes so to be issued, or from other sources, an amount that, together with the amount then in the fund, will not be less than the debt service reserve requirement established for the fund. The debt service reserve requirement for any debt service reserve fund shall be established by resolution of the University of Vermont and State Agricultural College prior to the issuance of any bonds or notes secured in whole or in part by such fund and shall not be required to exceed "maximum debt service," which shall mean, as of any particular date of computation, an amount equal to the greatest of the respective amounts, for the then-current or any future fiscal year of the University of Vermont and State Agricultural College, of annual debt service on the bonds and notes of the University of Vermont and State Agricultural College secured or to be secured in whole or in part by the debt service reserve fund.
    4. In the computation of the amount of the debt service reserve funds for the purpose of this section, securities in which any of the funds shall be invested shall be valued at par if purchased at par or at amortized value, as the term is defined by resolution of the University of Vermont and State Agricultural College, if purchased at other than par.
    5. In order to assure the maintenance of the debt service reserve requirement in each debt service reserve fund established by the University of Vermont and State Agricultural College, there may be appropriated annually and paid to the University of Vermont and State Agricultural College for deposit in each fund the sum as shall be certified by the Chair of the Board of Trustees of the University of Vermont and State Agricultural College to the Governor, the President of the Senate, and the Speaker of the House as is necessary to restore each debt service reserve fund to an amount equal to the debt service reserve requirement for the fund. The Chair shall annually, on or about February 1, make and deliver to the Governor, the President of the Senate, and the Speaker of the House his or her certificate stating the sum required to restore each debt service reserve fund to the amount equal to the debt service reserve requirement for the fund, and the sum so certified may be appropriated and, if appropriated, shall be paid to the University of Vermont and State Agricultural College during the then-current State fiscal year. The principal amount of bonds or notes outstanding at any one time and secured in whole or in part by a debt service reserve fund to which State funds may be appropriated pursuant to this subsection shall not exceed $66,000,000.00, provided that the foregoing shall not impair the obligation of any contract or contracts entered into by the University of Vermont and State Agricultural College in contravention of the Constitution of the United States of America.
    6. The proceeds of any bonds or notes secured by a debt service reserve fund to which State funds may be appropriated pursuant to this section shall be applied solely to costs of reconstruction, rehabilitation, or improvement of existing facilities or property of the University of Vermont and State Agricultural College.

      Added 2007, No. 200 (Adj. Sess.), § 47; amended 2019, No. 131 (Adj. Sess.), § 96.

    History

    Amendments--2019 (Adj. Sess.). Subsec. (a): Deleted "herein" preceding "referred" and inserted "in this section".

    Subsec. (b): In the first sentence, deleted "hereinafter" following "except as", inserted "in this section" and deleted "therefrom" following "withdrawn".

    Subsec. (e): Substituted "equal to the debt service reserve requirement for the fund" for "aforesaid" in the second sentence.

    CHAPTER 77. NORWICH UNIVERSITY

    Sec.

    History

    Amendments--2013 (Adj. Sess.) 2013, No. 92 (Adj. Sess.), § 183, deleted "Middlebury College and" from the chapter heading, and removed the headings for former Subchapter 1 (comprising sections 2421 and 2422 of this title), and former Subchapter 2 (comprising sections 2471 through 2475 of this title).

    §§ 2421, 2422. Repealed. 1965, No. 198, § 12.

    History

    Former §§ 2421, 2422. Former § 2421, relating to use of funds available, was derived from V.S. 1947, § 4500; 1947, No. 73 , § 1; P.L. § 4406; G.L. § 1438; 1917, No. 58 ; 1915, No. 80 , § 1; 1912, No. 83 , § 5; 1910, No. 75 , § 3; 1908, No. 50 , § 3; P.S. § 1180; V.S. § 868; 1892, No. 25 , § 2.

    Former § 2422, relating to report and audit, was derived from V.S. 1947, § 4501; 1947, No. 73 , § 2.

    § 2423. -2470. [Reserved for future use.].

    Norwich University is hereby recognized as the military college of the State of Vermont, and its faculty and administrative staff shall have local rank assigned by the trustees as follows: the President shall have general officer rank; and the Dean, heads of departments, and members of the faculty and administrative staff shall have a rank below the rank of the President comparable to the position on the faculty as prescribed by the Board of Trustees of Norwich University, all without pay from the State.

    Amended 1979, No. 4 .

    History

    Source. 1953, No. 14 , § 1. V.S. 1947, § 4502. P.L. § 4412. G.L. § 1446. 1917, No. 68 , § 1. P.S. § 1185. 1900, No. 31 , § 1. 1898, No. 32 , § 1.

    Amendments--1979. Section amended generally.

    Cross References

    Cross references. National Guard scholarships, see §§ 2537-2539 of this title.

    § 2472. Repealed. 1965, No. 198, § 12.

    History

    Former § 2472. Former § 2472, relating to scholarships, was derived from 1955, No. 230 , § 1; V.S. 1947, § 4503; P.L. § 4413; 1921, No. 63 , § 3; G.L. § 1447; 1917, No. 58 ; 1915, No. 81 , §§ 3, 5; 1912, No. 83 , §§ 8, 10; P.S. §§ 1189, 1190; R. 1906, § 1097; 1904, No. 52 , §§ 4, 5; 1898, No. 33 , § 4; V.S. §§ 865, 866, 869; 1892, No. 26 , § 1. The subject matter is now covered by § 2821 of this title.

    § 2473. Repealed. 1959, No. 252, § 9.

    History

    Former § 2473. Former § 2473, relating to appropriation for engineering departments and industrial research, was derived from 1957, No. 256 , § 2; 1955, No. 230 , § 2; 1947, § 4505; 1945, No. 76 , § 1; 1939, No. 90 , § 1.

    § 2474. Repealed. 1965, No. 198, § 12.

    History

    Former § 2474. Former § 2474, relating to senatorial scholarships, was derived from V.S. 1947, § 4504; P.L. § 4414; G.L. § 1448; 1915, No. 81 , § 1; 1912, No. 83 , § 6; P.S. § 1187; 1904, No. 52 , §§ 1, 2, 3. The subject matter was covered by §§ 2531a and 2834(b) of this title, which was repealed by 2013, No. 56 § 15(6).

    § 2475. Repealed. 1969, No. 16, § 14, eff. March 11, 1969.

    History

    Former § 2475. Former § 2475, relating to reports and audits, was derived from V.S. 1947, § 4506; 1939, No. 92 , § 2.

    § 2471. Military college of State; rank of faculty and staff.

    CHAPTER 79. SCHOLARSHIPS; REPORTS

    Sec.

    Cross References

    Cross references. Grants, scholarships, and educational loan programs, see chapter 87 of this title.

    §§ 2531 Repealed. 1959, No. 252, § 9.

    History

    Former § 2531. Former § 2531, relating to senatorial scholarships, was derived from 1955, No. 291 , § 1; 1953, No. 258 , § 1.

    §§ 2531a-2531e. Repealed. 2013, No. 56, § 15(6), eff. May 30, 2013.

    History

    Former §§ 2531a-2531e. Former § 2531a, relating to senatorial scholarships was derived from 1959, No. 252 , §§ 1, 2 and amended by 1963, No. 234 ; 1965, No. 198 , § 10; 1973, No. 262 (Adj. Sess.), § 57; 1975, No. 202 (Adj. Sess.), § 1; 1983, No. 195 (Adj. Sess.), § 5(b).

    Former § 2531b, relating to eligibility, was derived from 1959, No. 252 , § 3.

    Former § 2531c, relating to application, was derived from 1959, No. 252 , § 4.

    Former § 2531d, relating to processing, was derived from 1959, No. 252 , § 5.

    Former § 2531e, relating to appointment, was derived from 1959, No. 252 , § 6.

    Annotations From Former § 2531a

    1. Construction with other laws.

    The provisions of this section impose a limitation on the amount which each senator is authorized to expend for scholarships; and where the Legislature has appropriated a total amount sufficient for each senator, the emergency board may not increase such amount from the Emergency Fund under 32 V.S.A § 133. 1966-68 Op. Atty. Gen. 46.

    Annotations From Former § 2531b

    1. Eligibility.

    Married college students whose homes were located in Middlebury were residents of Vermont within the requirement of this section. 1956-58 Op. Atty. Gen. 136.

    § 2531f. Repealed. 2009, No. 33, § 83(g)(5).

    History

    Former § 2531f. Former § 2531f, relating to reporting the name of each student receiving a scholarship from a State Senator, was derived from 1959, No. 252 , § 7.

    § 2531g. Repealed. 1965, No. 198, § 12.

    History

    Former § 2531g. Former § 2531g, relating to an annual appropriation to carry out the provisions of §§ 2531a-2531e of this title, was derived from 1959, No. 252 , § 8.

    § 2531h. Repealed. 1975, No. 202 (Adj. Sess.), § 2, eff. March 27, 1976.

    History

    Former § 2531h. Former § 2531h, relating to list of scholarships and loans, was derived from 1959, No. 252 , § 10.

    § 2532. Repealed. 1959, No. 252, § 9.

    History

    Former § 2532. Former § 2532, relating to area appointment, was derived from 1953, No. 258 , § 3; V.S. 1947, § 4511; P.L. § 4409; G.L. § 1443; P.S. § 1182; V.S. § 871; 1892, No. 25 , § 1.

    § 2533. Repealed. 1965, No. 198, § 12.

    History

    Former § 2533. Former § 2533, relating to appointments when vacancy in senatorship, was derived from V.S. 1947, § 4512; P.L. § 4410; G.L. § 1444; P.S. § 1184; 1906, No. 61 , § 1.

    § 2534. Repealed. 1959, No. 252, § 9.

    History

    Former § 2534. Former § 2534, relating to appropriation, was derived from 1957, No. 256 , § 2; 1955, No. 291 , § 2; 1953, No. 258 , § 2.

    § 2535. Town scholarships.

    A town, at any legal meeting of the voters, may appropriate from its general funds money to pay all or part of the tuition and incidental expenses of one or more students from the town in any institution of higher learning. When a town makes such an appropriation, a committee consisting of the superintendent of the district in which the town is located, the chair of the school board, the chair of the prudential committee, if any, in the town, and the principals of each high school and academy in the town, or if there is not a high school or academy, the principal of the high school usually attended by the resident students shall constitute a board of selection. On or before August 1 following an appropriation, the board shall designate, on the basis of scholarship and need, the number of students authorized by the appropriation. The choice of the institution shall be made by each student receiving a scholarship.

    Amended 1975, No. 100 , § 2; 2013, No. 92 (Adj. Sess.), § 184, eff. Feb. 14, 2014.

    History

    Source. V.S. 1947, § 4352. P.L. § 4287. G.L. § 4039. 1917, No. 102 , § 1.

    Amendments--2013 (Adj. Sess.). Section amended generally.

    Amendments--1975. Rewrote the first sentence.

    ANNOTATIONS

    1. Application of appropriations.

    Appropriations under this section should be applied only to institutions of collegiate grade. 1942-44 Op. Atty. Gen. 111.

    § 2536. Repealed. 2007, No. 154 (Adj. Sess.), § 6(12).

    History

    Former § 2536. Former § 2536, relating to the University of Vermont and State Agricultural College trustees' annual report to the Legislature and the Governor concerning the work of its units, including receipts, disbursements, resources, and liabilities, was derived from V.S. 1947, § 4513; 1937, No. 84 , § 3; P.L. § 4411; G.L. § 1445; 1917, No. 254 , § 1407; 1910, No. 75 , § 5; 1908, No. 50 , § 4 and amended by 1989, No. 141 (Adj. Sess.), § 1.

    § 2537. Armed Services Scholarships.

    1. It shall be the policy of the State of Vermont to provide scholarships to be known as the Armed Services Scholarships for education beyond high school for:
      1. Children and spouses of members in good standing of the Vermont National Guard who since 1955 have been killed, or who since January 1, 2001 have died, while on active or inactive duty in accordance with specifications herewith.
      2. Children and spouses of members in good standing of the active Reserve Forces of the United States who since January 1, 2001 have died while on active or inactive duty and who were Vermont residents at the time of death.
      3. Children and spouses of members of the active Armed Forces of the United States who since January 1, 2001 have died while on active duty and who, at the time of death, were either Vermont residents, nonresident members of the Vermont National Guard who were mobilized to active duty, or nonresident active Reserve Force members of a Vermont-based reserve unit who were mobilized to active duty. A child or spouse of a deceased nonresident member of the active Reserve Forces shall be ineligible for an Armed Services Scholarship if he or she is eligible for a death benefit from the last state of residence of the deceased parent or spouse, that helps finance attendance at a postsecondary institution in that state.
    2. Definitions:
      1. "Vermont National Guard" as used in this section will be deemed to include Vermont Army National Guard and Vermont Air National Guard.
      2. "Active duty for Vermont National Guard and for active Reserve Forces" means full-time duty in the active military service of the United States and includes full-time training duty, annual training duty, and attendance, while in the active military service, at a school designated as a service school by law or by the secretary of the military department concerned.
      3. "Inactive duty" means training performed by members of a reserve component while not on active duty and includes unit training assemblies, training periods, military flight periods, and other equivalent duty and while on State duty on order of the Governor or the Governor's representative.
      4. "Armed Forces of the United States" means the Army, Navy, Air Force, Marine Corps, and Coast Guard.
      5. "Child" means a natural or adoptive child of a member of the Vermont National Guard or Armed Forces, and includes a stepchild.

        Added 1967, No. 199 , § 1; amended 1973, No. 233 (Adj. Sess.), § 1, eff. April 4, 1974; 2003, No. 21 , § 1; 2003, No. 127 (Adj. Sess.), § 3; 2011, No. 149 (Adj. Sess.), § 7.

    History

    Amendments--2011 (Adj. Sess.). Subsec. (b): Amended generally.

    Amendments--2003 (Adj. Sess.) Substituted "Armed services" for "National guard" in the section heading and amended the section generally.

    Amendments--2003. Subdiv. (b)(1): Inserted "army" following "Vermont" and preceding "national guard".

    Amendments--1973 (Adj. Sess.). Subdiv. (b)(3): Added "and while on state duty on order of the Governor or his representative" following "equivalent duty".

    § 2538. Amount, duration.

    1. Subject to subsection (c) of this section, an Armed Services Scholarship shall pay tuition for academic credit at a Vermont postsecondary institution eligible for student assistance funds under Title IV of the Higher Education Act of 1965 and leading to an undergraduate certificate or degree as follows:
      1. If the person attends the University of Vermont, the scholarship shall pay an amount equal to the actual tuition charged by the University to the person.
      2. If the person attends a Vermont State College, the scholarship shall pay an amount equal to the actual tuition charged by the institution to the person.
      3. If the person attends any other postsecondary institution located in Vermont, the scholarship shall pay an amount equal to the actual tuition charged by the institution to the person, or an amount equal to that which the scholarship would have paid if the person attended the University of Vermont pursuant to subdivision (1) of this subsection, whichever is less.
    2. An Armed Services Scholarship may be used for a maximum of 130 academic credits for an undergraduate certificate or degree.
    3. A person eligible and applying for an Armed Forces Scholarship shall apply for a federal Pell Grant. The amount of the Armed Services Scholarship awarded shall be the remaining tuition to be paid pursuant to subsection (a) of this section, following receipt of a Pell Grant.
    4. A person who has obtained a bachelor's degree is not eligible for an Armed Services Scholarship.

      Added 1967, No. 199 , § 2; amended 1973, No. 38 ; 2003, No. 21 , § 3; 2003, No. 127 (Adj. Sess.), § 4; 2013, No. 50 , § E.219.1.

    History

    Reference in text. Title IV of the Higher Education Act of 1965, referred to in subsec. (a), is codified as 20 U.S.C. § 1070 et seq.

    The Federal Pell Grant, referred to in subsec. (c), is codified as 20 U.S.C. § 1070a et seq.

    Amendments--2013. Section amended generally.

    Amendments--2003 (Adj. Sess.). Subsecs. (a), (b): Amended generally, and added subsec. (c).

    Amendments--2003. Subsec. (c): Repealed.

    Amendments--1973. Subsec. (a): Deleted "not to exceed $ 800.00 per school year" following "free tuition".

    § 2539. Application, award, renewal.

    1. Applications for Armed Services Scholarships shall be processed as follows:
      1. for a child or spouse of a member of the Vermont National Guard or of the active Reserve Forces of the United States, by the Vermont Adjutant General who shall verify the eligibility of the applicant as provided in section 2537 of this title; and
      2. for a child or spouse of a member of the Armed Forces of the United States, by the Office of Veterans' Affairs who shall verify the eligibility of the applicant as provided in section 2537 of this title.
    2. On being notified of an eligible applicant's matriculation at an institution as specified in subsection 2538(a) of this title, the Adjutant and Inspector General or the Office of Veterans' Affairs shall provide funds from the special fund established in section 2541 of this title to the Vermont Student Assistance Corporation, which, upon verifying enrollment, shall disburse the scholarship award to the institution.
    3. Application for renewal of an Armed Services Scholarship shall be made annually with written endorsement by the proper officer of the institution attended that the holder of the scholarship has maintained satisfactory scholastic standing. On receipt of this certification, the Adjutant and Inspector General or the Office of Veterans' Affairs shall provide funds from the special fund established in section 2541 of this title to the Vermont Student Assistance Corporation, which, upon verifying enrollment, shall disburse the scholarship award to the institution.

      Added 1967, No. 199 , § 3; amended 2003, No. 127 (Adj. Sess.), § 5; 2013, No. 50 , § E.219.2.

    History

    Revision note. References to "section 1" and "section 2(a)" in subsec. (a) were changed to "section 2537 of this title" and "section 2538(a) of this title".

    Editor's note. Although 1989, No. 118 , § 3, amended each section of this title containing the word "certification" by substituting therefor "licensing", the word "certification" appearing in the second sentence of subsec. (c) was not changed to "licensing" in view of the context of the reference.

    Amendments--2013. Section amended generally.

    Amendments--2003 (Adj. Sess.). Section amended generally.

    Cross References

    Cross references. Vermont Student Assistance Corporation, see chapter 87 of this title.

    § 2540. Repealed. 2003, No. 127 (Adj. Sess.), § 7.

    History

    Former § 2540. Former § 2540, relating to Vermont Enlisted Men's Scholarship, was derived from 1973, No. 208 (Adj. Sess.), § 1.

    § 2541. Armed Services Scholarship Fund.

    1. An Armed Services Scholarship Fund is established to comprise appropriations made by the General Assembly. The Fund shall be managed pursuant to 32 V.S.A. chapter 7, subchapter 5 and shall be available to the Military Department for the Armed Services Scholarships established in section 2537 of this title.
    2. All balances in the Fund at the end of any fiscal year shall be carried forward and used only for the purposes set forth in this section. Earnings of the Fund that are not withdrawn pursuant to this section shall remain in the Fund.

      Added 2003, No. 127 (Adj. Sess.), § 6; amended 2013, No. 50 , § E.219.3.

    History

    Amendments--2013. Subsec. (a): Deleted "in the office of the state treasurer" following "established"; and added the second sentence.

    Subsec. (b): Deleted former subsecs. (b) and (c) and redesignated former subsec. (d) as present subsec. (b).

    CHAPTER 80. ASSISTANCE TO STUDENTS

    Sec.

    §§ 2551-2555. Repealed. 1965, No. 198, § 12.

    History

    Former §§ 2551-2555. Former §§ 2551-2555, relating to financial assistance for students, were derived from 1964, No. 38 (Sp. Sess.). The subject matter is now covered by chapter 87 of this title.

    CHAPTER 81. NURSING EDUCATION

    Sec.

    §§ 2631-2634. Repealed. 1965, No. 198, § 12.

    History

    Former §§ 2631-2634. Former § 2631, relating to applications for financial assistance, was derived from 1955, No. 278 , § 1; 1953, No. 263 , § 1.

    Former § 2632, relating to certification to auditor, was derived from 1955, No. 278 , § 2; 1953, No. 263 , § 2.

    Former § 2633, relating to warrants, was derived from 1955, No. 278 , § 3; 1953, No. 263 , § 3.

    Former § 2634, relating to appropriations, was derived from 1957, No. 276 , § 5; 1953, No. 263 , § 4.

    The subject matter of former §§ 2631-2634 is now covered generally by chapter 87 of this title.

    § 2635. School of Nursing.

    The Board of Trustees of Vermont State Colleges may establish a School of Nursing leading to an associate in science degree if in its judgment the school would serve to alleviate the shortage of nurses in Vermont and to provide for their professional education.

    1961, No. 274 , § 1, eff. Aug. 1, 1961; amended 1963, No. 8 , eff. March 12, 1963.

    History

    Amendments--1963. Substituted "science degree" for "arts degree".

    Cross References

    Cross references. Regulation of nursing generally, see 26 V.S.A. chapter 28.

    Vermont State Colleges generally, see chapter 72 of this title.

    CHAPTER 82. PRACTICAL NURSING EDUCATION

    Sec.

    ANNOTATIONS

    1. Generally.

    This chapter authorizes direct operation of schools for practical nursing by State Board of Education consistent with policies and regulations of Board of Registration of Nurses. 1958-60 Op. Atty. Gen. 55.

    § 2651. Purpose of chapter.

    The purposes of this chapter are to assist existing schools for practical nursing and to assist in the establishment of a school or schools for practical nursing under the direction of the Board of Trustees of the Vermont State College system.

    Added 1957, No. 273 , § 1; amended 1993, No. 145 (Adj. Sess.), § 1.

    History

    Amendments--1993 (Adj. Sess.). Substituted "the board of trustees of the Vermont state college system" for "the state board of education" following "direction of".

    Repeal of expiration provisions. Section 4 of 1957, No. 273 , which originally provided that such Act ( §§ 2651-2653 of this title) should expire June 30, 1959, and which was amended by § 2 of 1959, No. 121 , to extend the expiration date to June 30, 1961, was repealed, as amended in 1959, by 1961, No. 95 , § 3, thus making the provisions of the 1957 Act ( §§ 2561-2653 of this title) permanent law.

    § 2652. Bylaws and regulations.

    The Board of Trustees of the Vermont State Colleges shall make bylaws and regulations, consistent with the policies and regulations of the Vermont State Board of Nursing, to carry out the purposes of this chapter.

    Added 1957, No. 273 , § 2; 1961, No. 184 , § 3, eff. June 28, 1961; 1993, No. 145 (Adj. Sess.), § 2.

    History

    Revision note. Reference to "Board of registration of nurses" changed to "Vermont state board of nursing" to conform to 26 V.S.A. § 1573.

    Amendments--1993 (Adj. Sess.). Rewrote the section heading and substituted "the board of trustees of the Vermont state colleges shall make bylaws and regulations," for "the state board of education, in accordance with section 149 of this title, is hereby authorized to determine, promulgate, and apply policies and regulations" preceding "consistent" in the text of the section.

    Repeal of expiration provisions. See note set out under § 2651 of this title.

    § 2653. Appropriations.

    Hereafter funds for the continuation of the program under this chapter shall be requested as a part of the operational budget of the Vermont State Colleges.

    Added 1957, No. 273 , § 3; amended 1959, No. 121 , § 1; 1961, No. 95 , § 1; 1993, No. 145 (Adj. Sess.), § 3.

    History

    Codification. Section was derived from the second of two sentences that constituted § 3 of 1957, No. 273 , as last amended by 1961, No. 95 , § 1. The first sentence thereof, which, until the 1961 amendment, constituted the entire section, appropriated to the board of education the sum of $ 5,874.00 for the fiscal year ending June 30, 1958, and the sum of $ 16,150.00 for the fiscal year ending June 30, 1959, including the matching of federal funds, for the purposes of the 1957 Act ( §§ 2651-2653 of this title). As amended by 1959, No. 121 , § 1, the sentence appropriated to the board for such purposes, including the matching of federal funds, the sum of $ 20,435.00 for the fiscal year ending June 30, 1960, and $ 21,429.00 for the fiscal year ending 1961, such sums to be transferred and allocated from Vocational Education, Personal Services. As amended by 1961, No. 95 , § 1, the sentence, which, as stated above, became, by such amendment, the first sentence of two sentences constituting § 3 of the 1957 Act, appropriated to the department of education for such purposes, including the matching of federal funds, the sum of $ 26,720.00 for the fiscal year ending June 30, 1962, and $ 28,580.00 for the fiscal year ending 1963. Because of their temporary character, the provisions have not been included with the provisions set out above.

    Revision note. Reference to "this program" has been changed to "the program under this chapter" because of the omission of the above-described program relating to specific appropriations.

    Amendments--1993 (Adj. Sess.). Substituted "the Vermont state colleges" for "the department of education and may be included in the general appropriation act" following "budget of".

    Amendments--1961. Section amended generally.

    Amendments--1959. Section amended generally.

    Repeal of expiration provisions. See note set out under § 2651 of this title.

    Cross References

    Cross references. Budget generally, see 32 V.S.A. chapter 5.

    § 2654. Consultant services by Department of Health.

    The Department of Health may furnish consultant services as requested by the Vermont State College Board of Trustees in connection with this chapter.

    1961, No. 95 , § 2; amended 1993, No. 145 (Adj. Sess.), § 4.

    History

    Amendments--1993 (Adj. Sess.). Substituted "may" for "shall" preceding "furnish" and "requested by the Vermont state college board of trustees" for "required by the department of education" preceding "in connection".

    CHAPTER 83. NEW ENGLAND HIGHER EDUCATION COMPACT

    Subchapter 1. Terms of Compact

    § 2691. Purposes - Article I.

    The purposes of the New England Higher Education Compact shall be to provide greater educational opportunities and services through the establishment and maintenance of a coordinated educational program for the persons residing in the several states of New England parties to this compact, with the aim of furthering higher education in the fields of medicine, dentistry, veterinary medicine, public health and in professional, technical, scientific, literary and other fields.

    History

    Source. 1955, No. 226 , § 1.

    § 2692. Creation of Board of Higher Education - Article II.

    There is hereby created and established a New England Board of Higher Education hereinafter known as the board, which shall be an agency of each state party to the compact. The board shall be a body corporate and politic, having the powers, duties and jurisdiction herein enumerated and such other and additional powers as shall be conferred upon it by the concurrent act or acts of the compacting states. The board shall consist of eight members from each compacting state, at least two of whom shall be members of the legislature, chosen in the manner and for the terms provided by law of the several states parties to this compact.

    Amended 1969, No. 55 , § 1.

    History

    Source. 1955, No. 226 , § 1.

    Amendments--1969. Rewrote the third sentence.

    Effective date of amendments--1969. 1969, No. 55 , § 5, provided: "This act (which amended this section and sections 2694, 2731 of this title) shall become effective upon adoption, ratification or approval of the amendments contained in sections 1 and 2 of this act (which amended this section and section 2694 of this title) by any one or more of the legislatures of each of the following states which are parties to the compact: Connecticut, Maine, Massachusetts, New Hampshire and Rhode Island."

    Cross References

    Cross references. Board attached to Governor's office, see 3 V.S.A. § 2.

    § 2693. When operative - Article III.

    This compact shall become operative immediately as to those states executing it whenever any two or more of the states of Maine, Vermont, New Hampshire, Massachusetts, Rhode Island and Connecticut have executed it in the form which is in accordance with the laws of the respective compacting states.

    History

    Source. 1955, No. 226 , § 1.

    Ratification of compact. Sections 1-3 of 1955, No. 226 , provided:

    "Section 1. Ratification of compact. In order to provide needed, acceptable, efficient educational facilities to meet the needs of New England in the fields of medicine, dentistry, veterinary medicine, and other fields of technical, professional and graduate training:

    "The General Assembly hereby ratifies the following compact to become effective when any one or more of the states of Connecticut, Maine, Massachusetts, New Hampshire and Rhode Island ratifies it.

    "Section 2. Copies furnished. The secretary of state shall send authenticated copies of this act to the governor of each of the New England states and to the council of state governments.

    "Section 3. The governor is authorized to take any action necessary to complete the exchange and filing of documents as between this state and any other state ratifying this compact."

    The compact has been adopted by each of the states listed in section 1 above and is codified at:

    Conn. - C.G.S.A. § 10a-61 et seq.

    Mass. - M.G.L.A. c. 69 § 1 note.

    Me. - 20-A M.R.S.A. § 11001 et seq.

    N.H. - N.H.R.S.A. 200-A: 1 et seq.

    § 2694. General administrative powers and duties of board - Article IV.

    The board shall annually elect from its members a chairman and vice-chairman and shall appoint and at its pleasure remove or discharge said officers. It may appoint and employ an executive secretary and may employ such stenographic, clerical, technical or legal personnel as shall be necessary, and at its pleasure remove or discharge such personnel. It shall adopt a seal and suitable bylaws and shall promulgate any and all rules and regulations which may be necessary for the conduct of its business. It may maintain an office or offices within the territory of the compacting states and may meet at any time or place. Meetings shall be held at least once each year. A majority of the members shall constitute a quorum for the transaction of business, but no action of the board imposing any obligation on any compacting state shall be binding unless a majority of the members from such compacting state shall have voted in favor thereof. Where meetings are planned to discuss matters relevant to problems of education affecting only certain of the compacting states, the board may vote to authorize special meetings of the board members of such states. The board shall keep accurate accounts of all receipts and disbursements and shall make an annual report to the governor and the legislature of each compacting state, setting forth in detail the operations and transactions conducted by it pursuant to this compact, and shall make recommendations for any legislative action deemed by it advisable, including amendments to the statutes of the compacting states which may be necessary to carry out the intent and purpose of this compact. The board shall not pledge the credit of any compacting state without the consent of the legislature thereof given pursuant to the constitutional processes of said state. The board may meet any of its obligations in whole or in part with funds available to it under Article VII of this compact; provided, that the board takes specific action setting aside such funds prior to the incurring of any obligation to be met in whole or in part in this manner. Except where the board makes use of funds available to it under Article VII hereof, the board shall not incur any obligations for salaries, office, administrative, traveling or other expenses prior to the allotment of funds by the compacting states adequate to meet the same. Each compacting state reserves the right to provide hereafter by law for the examination and audit of the accounts of the board. The board shall appoint a treasurer and assistant treasurer who may be empowered to perform any and all duties of the treasurer. Fiscal disbursements of the board shall be valid only when authorized by any two persons from among those authorized by the board to execute this authority, and when substantiated by vouchers signed and countersigned by any two persons from among those authorized by the board to execute this authority. The executive secretary shall be custodian of the records of the board with authority to attest to and certify such records or copies thereof.

    Amended 1969, No. 55 , § 2.

    History

    Source. 1955, No. 226 , § 1.

    Amendments--1969. Rewrote the former thirteenth sentence as the present thirteenth and fourteenth sentences.

    Effective date of amendments--1969. See note set out under § 2692 of this title.

    § 2695. General powers of board; contracts - Article V.

    The board shall have the power to: (1) collect, correlate, and evaluate data in the fields of its interest under this compact; to publish reports, bulletins and other documents making available the results of its research; and, in its discretion, to charge fees for said reports, bulletins and documents; (2) enter into such contractual agreements or arrangements with any of the compacting states or agencies thereof and with educational institutions and agencies as may be required in the judgment of the board to provide adequate services and facilities in educational fields covered by this compact; provided, that it shall be the policy of the board in the negotiation of its agreements to serve increased numbers of students from the compacting states through arrangements with then existing institutions, whenever in the judgment of the board adequate service can be so secured in the New England region. Each of the compacting states shall contribute funds to carry out the contracts of the board on the basis of the number of students from such state for whom the board may contract. Contributions shall be at the rate determined by the board in each educational field. Except in those instances where the board by specific action allocates funds available to it under Article VII hereof, the board's authority to enter into such contracts shall be only upon appropriation of funds by the compacting states. Any contract entered into shall be in accordance with rules and regulations promulgated by the board and in accordance with the laws of the compacting states.

    History

    Source. 1955, No. 226 , § 1.

    § 2696. Availability of funds - Article VI.

    Each state agrees that, when authorized by the legislature pursuant to the constitutional processes, it will from time to time make available to the board such funds as may be required for the expenses of the board as authorized under the terms of this compact. The contribution of each state for this purpose shall be in the proportion that its population bears to the total combined population of the states who are parties hereto as shown from time to time by the most recent official published report of the Bureau of the Census of the United States of America, unless the board shall adopt another basis in making its recommendation for appropriation to the compacting states.

    History

    Source. 1955, No. 226 , § 1.

    § 2697. Power of board as to grants, devises, gifts and bequests - Article VII.

    The board for the purposes of this compact is hereby empowered to receive grants, devises, gifts and bequests which the board may agree to accept and administer. The board shall administer property held in accordance with special trusts, grants and bequests, and shall also administer grants and devises of land and gifts or bequests of personal property made to the board for special uses, and shall execute said trusts, investing the proceeds thereof in notes or bonds secured by sufficient mortgages or other securities.

    History

    Source. 1955, No. 226 , § 1.

    § 2698. Separability - Article VIII.

    The provisions of this compact shall be severable, and if any phrase, clause, sentence or provision of this compact is declared to be contrary to the Constitution of any compacting state or of the United States the validity of the remainder of this compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby; provided, that if this compact is held to be contrary to the constitution of any compacting state the compact shall remain in full force and effect as to all other compacting states.

    History

    Source. 1955, No. 226 , § 1.

    § 2699. Period of existence; withdrawal; reinstatement - Article IX.

    This compact shall continue in force and remain binding upon a compacting state until the legislature or the governor of such state, as the laws of such state shall provide, takes action to withdraw therefrom. Such action shall not be effective until two years after notice thereof has been sent by the governor of the state desiring to withdraw to the governors of all other states then parties to the compact. Such withdrawal shall not relieve the withdrawing state from its obligations accruing hereunder prior to the effective date of withdrawal. Any state so withdrawing, unless reinstated, shall cease to have any claim to or ownership of any of the property held by or vested in the board or to any of the funds of the board held under the terms of the compact. Thereafter, the withdrawing state may be reinstated by application after appropriate legislation is enacted by such state, upon approval by a majority vote of the board.

    History

    Source. 1955, No. 226 , § 1.

    § 2700. Default by compacting state - Article X.

    If any compacting state shall at any time default in the performance of any of its obligations assumed or imposed in accordance with the provisions of this compact, all rights and privileges and benefits conferred by this compact or agreement hereunder shall be suspended from the effective date of such default as fixed by the board. Unless such default shall be remedied within a period of two years following the effective date of such default, this compact may be terminated with respect to such defaulting state by affirmative vote of three-fourths of the other member states. Any such defaulting state may be reinstated by (a) performing all acts and obligations upon which it has heretofore defaulted, and (b) application to and approval by a majority vote of the board.

    History

    Source. 1955, No. 226 , § 1.

    Subchapter 2. Provisions Relating to Compact

    § 2731. Appointment of State members of board.

    Eight persons shall represent the State as members of the board. One board member shall be a member of the Senate, appointed by the President of the Senate; one shall be a Representative, appointed by the Speaker of the House of Representatives; one board member shall be appointed by the Vermont Council on Higher Education, Inc.; and three shall be appointed by the Governor. Each of the board members appointed under this section shall serve for a term of six years. However, not more than two board members' terms shall expire in any year, and appointments for terms of less than six years may be made as necessary for this purpose. A board member may be appointed to fill the unexpired term of a member who dies, resigns, or becomes disqualified to serve. The President of the University of Vermont and State Agricultural College and the presiding officer of the Vermont State Colleges Corporation shall be ex officio members of the board.

    Amended 1969, No. 55 , § 3.

    History

    Source. 1955, No. 226 , § 4.

    Amendments--1969. Section amended generally.

    Effective date of amendments--1969. See note set out under § 2692 of this title.

    § 2732. Compensation of members.

    The appointed members of the board shall receive $ 30.00 a day for the time actually spent in the performance of their duties, and all members of the board shall receive their actual and necessary expenses when away from home upon their official duties.

    Amended 1964, No. 22 (Sp. Sess.), § 2, eff. March 11, 1964; 1973, No. 92 , eff. April 24, 1973.

    History

    Source. 1955, No. 226 , § 5.

    Revision note. Substituted "$30.00" for "$15.00" pursuant to 1977, No. 222 (Adj. Sess.), § 17. See note under 32 V.S.A. § 1010.

    Amendments--1973. Deleted "two" preceding "appointed members".

    Amendments--1964. Added "the two appointed members of the board shall receive $15.00 a day for the time actually spent in the performance of their duties and" at the beginning of the section.

    Cross References

    Cross references. Per diem compensation of New England Board of Higher Education members, see also 32 V.S.A. § 1010.

    Travel expenses, see 32 V.S.A. § 1261.

    § 2733. Accounts.

    The members from this State shall obtain accurate accounts of all the board's receipts and disbursements.

    Amended 2011, No. 139 (Adj. Sess.), § 14, eff. May 14, 2012.

    History

    Source. 1955, No. 226 , § 6.

    Amendments--2011 (Adj. Sess.). Section amended generally.

    CHAPTER 85. CORRESPONDENCE SCHOOLS

    Sec.

    §§ 2751-2760. Repealed. 1991, No. 167 (Adj. Sess.), § 66(1).

    History

    Former §§ 2751-2760. Former §§ 2751-2760, relating to correspondence schools, were derived from 1963, No. 51 , §§ 1-10 and amended by 1989, No. 263 (Adj. Sess.), §§ 4 and 5.

    CHAPTER 86. EDUCATIONAL TELEVISION

    Sec.

    Cross References

    Cross references. Prohibition against advertising pay-per-call services during air time devoted to children's programming, see 9 V.S.A. § 2508.

    § 2801. Gifts.

    The trustees of the University of Vermont and State Agricultural College may accept any gift of money or real or personal property from any source whatever and grants in aid from the federal government to assist in carrying out the purposes of this chapter.

    Added 1966, No. 23 (Sp. Sess.), § 4, eff. March 10, 1966.

    § 2802. Construction.

    The University of Vermont and State Agricultural College may acquire real estate; construct, operate, manage, and equip television broadcast stations and related auxiliary broadcast stations, including microwave facilities; and may interconnect with any other television station or network for the purpose of providing a statewide education television network for the transmission of programs to students in schools, colleges, and universities in Vermont, as well as to the public generally throughout the State; and may enter into any contract considered necessary to carry out the purposes of this chapter. Title to the facilities created under this chapter shall be held in the name of the University of Vermont and State Agricultural College.

    Added 1966, No. 23 (Sp. Sess.), § 5, eff. March 10, 1966.

    History

    2013 (Adj. Sess.). Substituted "students" for "pupils" in accordance with 2013, No. 92 (Adj. Sess.), § 302.

    Authorization for transfer of title to facilities, equipment, licenses, etc. of University of Vermont and State Agricultural College educational television network to independent nonprofit public television corporation. 1989, No. 3 , § 1, eff. Feb. 23, 1989, provided:

    "(a) Notwithstanding the provisions of Act No. 23 of the Acts of 1966 [which added this chapter] relating to title to facilities acquired for the purpose of operating a statewide public television station, the trustees of the University of Vermont and State Agricultural College may transfer title to the facilities, equipment, licenses, leases and real and personal property acquired pursuant to that act to an independent nonprofit corporation established for the purpose of providing public television throughout Vermont. Consideration for transfers under this section shall be determined at the discretion of the trustees.

    "(b) In the event of a transfer under this act, the transferee and its successors and assigns shall be the successor to all rights and interests of the University of Vermont and State Agricultural College in any contract entered into under Act No. 23 of the Acts of 1966."

    § 2803. Purposes.

    The action of the University of Vermont and State Agricultural College in applying for construction permits and federal matching funds in connection with educational television in Vermont is expressly ratified and confirmed. The University of Vermont and State Agricultural College may hold all necessary governmental authorizations for all facilities contemplated by this chapter, and shall take all acts necessary for the efficient and economical operation of those facilities according to good educational and engineering practices, all in accordance with applicable law, rules, and regulations.

    Added 1966, No. 23 (Sp. Sess.), § 6, eff. March 10, 1966.

    § 2804. Repealed. 1981, No. 21.

    History

    Former § 2804. Former § 2804, relating to instructional television committee, was derived from 1966, No. 23 (Sp. Sess.), § 7.

    § 2805. Repealed. 2011, No. 139 (Adj. Sess.), § 51(f)(3), eff. May 14, 2012.

    History

    Former § 2805. Former § 2805, relating to report on income from lease of mountaintop communication sites, was derived from 1966, No. 23 (Sp. Sess.), § 8, was previously repealed by 1981, No. 21 and reenacted by 1995, No. 185 (Adj. Sess.), § 10c.

    CHAPTER 87. GRANTS, SCHOLARSHIPS AND EDUCATION LOAN PROGRAMS

    History

    Amendments--2003 (Adj. Sess.). No. 86, § 1, rewrote the chapter heading.

    Construction. 1989, No. 29 , § 2(b), eff. April 26, 1989, provided: "Neither chapter 87 of Title 16, nor this act [which amended section 2868 of this title], shall be construed as a restriction or a limitation upon any powers which the corporation heretofore might possess and exercise under the laws of this state; the provisions of that chapter and this act are cumulative and in addition to any such powers. This act is intended to be remedial in nature, and to enhance and add specificity to powers already possessed by the corporation. The power granted in chapter 87 of Title 16 and this act, and the exercise thereof, shall be liberally construed in order to effect the legislative purposes hereof, namely to ensure the validity and enforceability of all debt instruments issued by the corporation in reliance upon any provision of chapter 87 of Title 16 or other applicable state law."

    Cross References

    Cross references. Exemption of education loans from fair credit reporting standards, see 9 V.S.A. § 2480g.

    Vermont state postsecondary review entity, see chapter 89 of this title.

    Subchapter 1. General Provisions

    § 2821. Student Assistance Corporation; purpose.

    1. There is hereby established a nonprofit public corporation to be known as the Vermont Student Assistance Corporation whose purpose shall be:
      1. to provide opportunities for persons who are residents of Vermont to attend colleges or other postsecondary education institutions by awarding grants, guaranteeing, making, financing, and servicing loans of funds to students qualifying under the terms and conditions set forth in this chapter;
      2. to provide career, educational, and financial aid counseling and information services; and
      3. for such other purposes not inconsistent therewith.
    2. The Corporation and its existence shall continue as long as it shall have notes, bonds, or other obligations outstanding, including notes, bonds, or other obligations hereafter issued or incurred, and until its existence is terminated by law. The net earnings of the Corporation, beyond that necessary for retirement of its notes, bonds, or other obligations or to implement the public purposes and programs authorized in this chapter shall not inure to the benefit of any person other than the State.  Upon termination of the existence of the Corporation, title to all of the property owned by the Corporation, including any net earnings of the Corporation, shall vest in the State.  The State reserves the right at any time to alter, amend, repeal, or otherwise change the structure, organization, programs, or activities of the Corporation, including the power to terminate the Corporation, subject to any limitation on the impairment of the obligations of any contract or contracts entered into by the corporation.
    3. Notwithstanding any general or special law to the contrary, the provisions of 8 V.S.A. chapter 73 shall not apply to the Corporation or to any loan made or serviced by the Corporation in accordance with this title.

      Added 1965, No. 198 , § 1(a); amended 1975, No. 170 (Adj. Sess.), § 1; 1981, No. 174 (Adj. Sess.), § 1, eff. April 20, 1982; 1993, No. 147 (Adj. Sess.), § 1; 2003, No. 86 (Adj. Sess.), § 2; 2009, No. 96 (Adj. Sess.), § 3, eff. January 1, 2011; 2017, No. 22 , § 30, eff. Jan. 1, 2011; 2019, No. 131 (Adj. Sess.), § 97.

    History

    Amendments--2019 (Adj. Sess.). Subsec. (c): Deleted "heretofore or hereafter" following "any loan".

    Amendments--2017. Subsec. (c): Substituted "73" for "83" following "chapter".

    Amendments--2009 (Adj. Sess.) Subsec. (c): Added.

    Amendments--2003 (Adj. Sess.). Subsec. (a): Added the subdivs. (1)-(3) designations; in subdiv. (1), substituted "postsecondary education" for "higher educational"; deleted "and" following "grants" and "and section 2531a of this title, and by providing" from the end and added "to provide" preceding "career" to the beginning of subdiv. (2).

    Amendments--1993 (Adj. Sess.) Subsec. (a): Added "and by providing career, educational and financial aid counseling and information services, and for such other purposes not inconsistent therewith" following "title".

    Amendments--1981 (Adj. Sess.) Designated existing provisions of the section as subsec. (a), inserted "making, financing" preceding "and servicing" in that subsec. and added subsec. (b).

    Amendments--1975 (Adj. Sess.) Inserted "and servicing" following "guaranteeing" and added "and section 2531a of this title" at the end of the section.

    Retroactive effective date of amendment. 2017, No. 22 , § 31 provides: "Notwithstanding 1 V.S.A. §§ 213 and 214(b), Sec. 30 of this act [which amended this section] applies retroactively to January 1, 2011."

    Construction of 1993 (Adj. Sess.) amendment. 1993, No. 147 (Adj. Sess.), § 8, provided: "This act [which amended 2821-2823, 2863-2865 and 2868 of this title] shall not be construed as a restriction or limitation upon any powers which the corporation heretofore might possess and exercise under the laws of this state; the provisions of this act are cumulative and in addition to any such powers. The powers granted in this act, and the exercise thereof, shall be liberally construed in order to effect the legislative purposes hereof, namely to advance the purposes for which the corporation has been established and operating, and to ensure the validity and enforceability of all debt instruments issued by the corporation, in reliance upon any provision of chapter 87 of 16 V.S.A., or other applicable state law."

    § 2822. Definitions.

    As used in this chapter:

    1. "Corporation" means the Vermont Student Assistance Corporation.
    2. "Board" means the Board of Directors of the Vermont Student Assistance Corporation.
    3. "Student" means any person who:
      1. has graduated from a secondary school, satisfied the requirements for graduation by passing examinations covering the subject matter of a secondary school curriculum, or met the eligibility criteria established by the U.S. Secretary of Education for the receipt of student financial assistance under Title IV of the Higher Education Act, and in each case who is attending or plans to attend an approved postsecondary education institution; or
      2. is attending an approved postsecondary education institution. For the purposes of the student loan program, "student" means a student as defined by the Board and which definition shall not be inconsistent with federal regulations.
    4. "Parents" means a student's parent or parents as determined by the Corporation consistently with the requirements of the federal financial assistance programs established under Title IV of the Higher Education Act.
    5. "Adjusted gross income" means an individual's adjusted gross income under the laws of the United States relating to federal income taxes for the tax year next preceding the school year for which a grant or loan is sought.
    6. "Approved postsecondary education institution" means any institution of postsecondary education that is:
      1. certified by the State Board of Education as provided in section 176 or 176a of this title;
      2. accredited by an accrediting agency approved by the U.S. Secretary of Education pursuant to the Higher Education Act;
      3. a non-U.S. institution approved by the United States Secretary of Education as eligible for use of education loans made under Title IV of the Higher Education Act; or
      4. a non-U.S. institution designated by the Corporation as eligible for use of its grant awards.
    7. "Resident" means, with respect to a student, a student who has been domiciled in Vermont for the year preceding the date of commencement of the relevant semester or academic program. A residence established in Vermont for the purpose of attending an educational institution shall not of itself be sufficient to establish domicile in Vermont. Whenever a resident student loses his or her Vermont domicile, as in the case of a minor whose parents move from the State, the student shall thereafter be reclassified as a nonresident.
    8. "Taxable," when used in reference to a note, bond, or other obligation means that the interest on that obligation is includable in the gross income of the holder under the laws of the United States relating to federal income taxes.
    9. "Higher Education Act" means the federal Higher Education Act of 1965, Pub. L. No. 89-329, 20 U.S.C. chapter 28, as amended, together with the regulations promulgated under that Act by the U.S. Secretary of Education.

      Added 1965, No. 198 , § 2(a)-(i); amended 1967, No. 131 , § 9; 1967, No. 371 (Adj. Sess.), § 1, eff. March 27, 1968; 1971, No. 175 (Adj. Sess.), § 1, eff. March 28, 1972; 1973, No. 69 , § 1, eff. April 14, 1973; 1973, No. 157 (Adj. Sess.), § 1, eff. March 15, 1974; 1975, No. 170 (Adj. Sess.), § 2; 1985, No. 24 , § 2, eff. April 26, 1985; 1993, No. 147 (Adj. Sess.), § 2; 2003, No. 21 , § 2; 2003, No. 86 (Adj. Sess.), § 3; 2019, No. 131 (Adj. Sess.), § 98.

    History

    Amendments--2019 (Adj. Sess.). Subdiv. (3)(A): Substituted "U.S." for "United States".

    Subdiv. (6)(B): Substituted "U.S." for "United States".

    Subdiv. (9): Substituted "Pub. L. No." for "PL", substituted "under that Act" for "thereunder", substituted "U.S." for "United States".

    Amendments--2003 (Adj. Sess.). Added the introductory language, redesignated former subsec. designations as subdivs., and amended section generally.

    Amendments--2003. Subsec. (i): Inserted "or her" following "his" in two places, substituted "of commencement of the relevant semester or academic program" for "of application" in the first sentence and "the student" for "he" preceding "shall thereafter" in the third sentence.

    Amendments--1993 (Adj. Sess.) Subsec. (k): Added.

    Amendments--1985 Subsec. (j): Added.

    Amendments--1975 (Adj. Sess.) Subsec. (d): Amended generally.

    Amendments--1973 (Adj. Sess.) Subsec. (i): Amended generally.

    Amendments--1973 Subsec. (h): Amended generally.

    Amendments--1971 (Adj. Sess.) Subsec. (h): Deleted "or any institution which qualifies for a grant under P.L. 88-204" following "Title 26".

    Amendments--1967 (Adj. Sess.) Subsec. (f): Amended generally.

    Amendments--1967 Subsec. (c): Repealed.

    Construction of 1993 (Adj. Sess.) amendment. See note set out under § 2821 of this title.

    Cross References

    Cross references. Determination of residency for in-state tuition purposes, see § 2282a of this title.

    § 2823. Powers of Corporation.

    1. The Corporation may acquire by gift or otherwise, hold, and dispose of property in fee or in trust, or any other estate, for the purposes set forth in this chapter and shall be an instrumentality of the State. The State shall support and maintain the Corporation.
    2. The Corporation has the general powers provided to Vermont nonprofit corporations.
    3. The Corporation is hereby designated as the state agency to receive federal funds assigned to the State of Vermont for student financial aid programs.
    4. The Corporation is authorized to make and finance the making of education loans and to issue its debt obligations for the purpose of acquiring funds therefor. No resolution or other action of the Corporation providing for the issuance of such debt obligations may be effective without the approval in writing of the Governor.
    5. The Corporation is authorized to develop and implement loan programs, including programs for the guaranteeing, servicing, originating, and financing of education loans for borrowers and lenders located both within and outside the State, including the federal Direct Loan Program and other education loans made pursuant to federal law. The Corporation is authorized to make loans to residents and nonresidents.
    6. The Corporation is authorized to borrow money and issue its debt obligations to further the governmental and public purposes set forth in this chapter, including the purchase, construction, renovation, reconstruction, rehabilitation, improvement, furnishing, and equipping of office or other business space to be owned or leased by the Corporation for use by the Corporation to further the governmental and public purposes set forth in this chapter. Notwithstanding subsection 2868(i) of this chapter, notes, bonds, or other obligations issued under this section may be direct and general obligations of the Corporation, and may be otherwise secured as the Corporation shall determine, including by a mortgage. No debt obligation issued under this subsection may be effective without the approval in writing of the Governor. Such obligations shall not be deemed to constitute a debt or liability or obligation of the State of Vermont or of any political subdivision of it, nor shall they be deemed to constitute a pledge of the faith and credit of the State or of any political subdivision thereof. Each obligation issued by the Corporation under this section shall contain on its face a statement to the effect that neither the faith and credit nor the taxing power of the State of Vermont or any political subdivision of it is pledged to the payment of the principal or the interest on these obligations.

      Added 1965, No. 198 , § 1(b), (c); amended 1967, No. 131 , § 1; 1975, No. 170 (Adj. Sess.), § 3; 1981, No. 174 (Adj. Sess.), § 2, eff. April 20, 1982; 1993, No. 147 (Adj. Sess.), § 3; 2001, No. 58 , § 6, eff. June 16, 2001; 2003, No. 86 (Adj. Sess.), § 4.

    History

    Amendments--2003 (Adj. Sess.). Subsec. (a): Substituted "this chapter" for "section 2821 of this title".

    Subsec. (c): Deleted "Vermont student assistance" preceding "corporation".

    Subsec. (d): Substituted "education" for "student" preceding "loans".

    Subsec. (e): Added the last sentence.

    Amendments--2001. Subsec. (f): Added.

    Amendments--1993 (Adj. Sess.) Subsec. (e): Added.

    Amendments--1981 (Adj. Sess.). Subsec. (d): Added.

    Amendments--1975 (Adj. Sess.). Subsec. (b): Substituted "to Vermont nonprofit corporations" for "in section 101 of Title 11".

    Amendments--1967. Subsec. (c): Added.

    Construction of 1993 (Adj. Sess.) amendment. See note set out under § 2821 of this title.

    Cross References

    Cross references. Issuance by Corporation of notes, bonds, and other obligations, see § 2868 of this title.

    Nonprofit corporations generally, see 11B V.S.A. chapter 1.

    § 2824. Repealed. 1973 (Adj. Sess.), No. 157, § 2, eff. March 15, 1974.

    History

    Former § 2824. Former § 2824, relating to change in student residence, was derived from 1965, No. 198 , § 3.

    § 2825. Tax exemptions.

    All real and personal property of the Corporation is exempt from taxation. All bonds, notes, and other obligations issued pursuant to this chapter are issued by a body corporate and public of this State and for an essential public and governmental purpose and those bonds, notes, and other obligations, and the interest on and income from them, except as otherwise provided by resolution of the Corporation authorizing the issuance of taxable debt pursuant to section 2868 of this title, and all activities of the Corporation and fees, charges, funds, revenues, incomes, and other monies of the Corporation whether or not pledged or available to secure the payment of these bonds, notes, or other obligations, or interest thereon, are exempt from all taxation, franchise taxes, fees, or special assessments of whatever kind except for transfer, inheritance, and estate taxes.

    Added 1965, No. 198 , § 9; amended 1981, No. 174 (Adj. Sess.), § 3, eff. April 20, 1982; 2003, No. 86 (Adj. Sess.), § 5; 2019, No. 131 (Adj. Sess.), § 99.

    History

    Amendments--2019 (Adj. Sess.). In the second sentence, substituted "on" for "thereon" and substituted "from them" for "therefrom".

    Amendments--2003 (Adj. Sess.). Inserted "except as otherwise provided by resolution of the corporation authorizing the issuance of taxable debt pursuant to section 2868 of this title" preceding "and all activities".

    Amendments--1981 (Adj. Sess.). Added the second sentence.

    § 2826. Statutory purposes.

    1. The statutory purpose of the exemption for interest income from Vermont Student Assistance Corporation bonds in section 2825 of this title is to lower the cost of borrowing in order to finance education loan programs.
    2. The statutory purpose of the exemption for Vermont Student Assistance Corporation property tax in section 2825 of this title is to allow State instrumentalities that provide financial and information resources for postsecondary education and training to use all of their resources for those purposes.

      Added 2013, No. 200 (Adj. Sess.), § 1.

    § 2827. Confidentiality of personally identifying information.

    Except as otherwise provided by law, or by consent of the individual identified in the record, information that directly or indirectly identifies applicants, recipients, beneficiaries, or participants in programs administered by the Corporation, including grant, loan, scholarship, outreach, or investment plan programs, is exempt from public inspection and copying under the Public Records Act and shall be kept confidential.

    Added 2015, No. 29 , § 4.

    History

    Reference in text. The Public Records Act, referred to in this section, is codified as 1 V.S.A. chapter 5, subchapter 3.

    Subchapter 2. Board of Directors

    § 2831. Membership; vacancies.

    The Corporation shall be governed and all of its powers exercised by a Board of Directors consisting of 11 members. The Governor shall appoint five members as follows: one person to be the financial aid officer of an institution of postsecondary education in the State of Vermont; one person to be a guidance counselor from a Vermont secondary school; and three members representing the general public. In making the appointments of the members representing the general public, the Governor shall give due consideration to the Board's needs for expertise and experience in the management of a financial institution. The State Treasurer or his or her designee shall be a member. The Speaker of the Vermont House of Representatives and the Committee on Committees of the Vermont Senate shall each appoint one member from their respective legislative bodies to serve on the Board. The Board shall elect three additional members. All members shall be of full age, citizens of the United States, and residents of Vermont. All appointments shall be for terms of six years with the exception of legislative members whose terms shall expire at the end of six years or when their service in the Vermont General Assembly is completed, whichever shall first occur. The date of the expiration of the term of appointment in each case shall be June 30. Vacancies that may occur by reason of death or resignation shall be filled in the same manner as original appointments.

    Added 1965, No. 198 , § 4(a), (b), (i); amended 1967, No. 131 , § 2; 1989, No. 283 (Adj. Sess.), § 1; 2003, No. 86 (Adj. Sess.), § 6; 2011, No. 40 , § 54, eff. May 20, 2011; 2019, No. 131 (Adj. Sess.), § 100.

    History

    Amendments--2019 (Adj. Sess.). Substituted "General Assembly" for "Legislature" in the eighth sentence.

    Amendments--2011. Inserted "or his or her designee" following "treasurer" at the beginning of the fourth sentence.

    Amendments--2003 (Adj. Sess.). Added the present third sentence and substituted "30" for "thirtieth" following "June" in the sixth sentence.

    Amendments--1989 (Adj. Sess.) Section amended generally.

    Amendments--1967 Subsec. (a): Inserted "at least" preceding "five members" in the first sentence.

    Subsec. (b): Amended generally.

    § 2832. Organization and compensation.

    1. The Board, with the advice and consent of the Governor, shall elect from its members a chair.  The Board shall also elect from its members a vice chair and secretary.  Each of the officers shall hold office for two years and shall be eligible for reelection.
    2. The Board shall serve without compensation except for expenses actually and necessarily incurred by them in the performance of their duties under this chapter.
    3. The Board shall adopt bylaws for the Corporation and may appoint a president and determine the president's compensation and duties. The Chair annually shall notify the Governor, the Speaker of the House of Representatives, and the President Pro Tempore of the Senate of the president's compensation.
    4. The Board may elect an executive committee to serve in the interval between meetings to transact such business of the Corporation as provided in the bylaws.

      Added 1965, No. 198 , § 4(c), (d), (f), (g); amended 1967, No. 131 , § 3; 1989, No. 283 (Adj. Sess.), § 2; 2003, No. 86 (Adj. Sess.), § 7; 2013, No. 92 (Adj. Sess.), § 185, eff. Feb. 14, 2014.

    History

    Amendments--2013 (Adj. Sess.). Subsec. (b): Substituted "chapter" for "article".

    Amendments--2003 (Adj. Sess.). Subsec. (c): Substituted "a president and determine the president's" for "an executive director and such clerical assistance as it deems advisable and fix their", deleted "prescribe their" preceding "duties" in the first sentence and substituted "president's" for "executive director's" preceding "compensation" in the second sentence.

    Subsec. (d): Substituted "to" for "which may" preceding "transact".

    Amendments--1989 (Adj. Sess.) Subsec. (a): Amended generally.

    Subsec. (c): Added the second sentence.

    Amendments--1967 Subsec. (c): Substituted "executive director" for "executive secretary" following "appoint an".

    § 2833. Meetings; quorum.

    The Board shall hold regular meetings and such special meetings as it deems necessary. A majority of the directors shall constitute a quorum for the transaction of any business unless the bylaws of the Corporation require a larger number.

    Added 1965, No. 198 , § 4(e); amended 2003, No. 86 (Adj. Sess.), § 8.

    History

    Amendments--2003 (Adj. Sess.). Substituted "of" for "for" following "transaction" in the second sentence.

    § 2834. Powers and duties.

    1. The Board has the power to adopt rules, regulations, policies, and procedures not inconsistent with law, governing the application for and the origination, servicing, and repayment of loans, the awarding of grants to students, and the Corporation's other activities and programs.
    2. [Repealed.]

      Added 1965, No. 198 , § 4(h), (j); amended 1967, No. 131 , § 4; 2003, No. 86 (Adj. Sess.), § 9; 2013, No. 56 , § 15, eff. May 30, 2013.

    History

    Amendments--2013. Subsec. (b): Repealed.

    Amendments--2003 (Adj. Sess.). Subsec. (a): Amended generally.

    Amendments--1967 Subsec. (a): Deleted "secondary school" preceding "academic" in the second sentence.

    Designation of Corporation for administration of federal funds. 1966, No. 57 , § 2, provided: "The Vermont Student Assistance Corporation is designated by the State of Vermont to administer Title IV, Part B, of the Higher Education Act of 1965 [20 U.S.C. § 1071 et seq.] to provide low interest insured loans to students in institutions of higher education."

    § 2835. Controls, audits, and reports.

    1. Control of funds appropriated and all procedures incident to the carrying out of the purposes of this chapter shall be vested in the Board.
    2. The books of account of the Corporation shall be audited annually by an independent public accounting firm registered in the State of Vermont in accordance with government auditing standards issued by the U.S. Government Accountability Office (GAO) and the resulting audit report filed with the Secretary of Administration not later than November 1 each year.
    3. Biennially, the Board shall report to the General Assembly on its activities during the preceding biennium. The provisions of 2 V.S.A. § 20(d) (expiration of required reports) shall not apply to the report to be made under this subsection.

      Added 1965, No. 198 , § 8; amended 2003, No. 86 (Adj. Sess.), § 10; 2007, No. 121 (Adj. Sess.), § 5; 2013, No. 142 (Adj. Sess.), § 29; 2019, No. 104 (Adj. Sess.), § 5.

    History

    Revision note. Reference to "commissioner of administration" changed to "secretary of administration" to conform reference to new title and reorganization of State government. See 3 V.S.A. chapter 45.

    2020. During the 2019 Adjourned Session, this section was amended in conflicting ways by two different acts. Only the amendments from 2019, No. 104 (Adj. Sess.) are reflected in the text of this section, however, and not the amendments from 2019, No. 131 (Adj. Sess.), as the stated purpose of 2019, No. 131 (Adj. Sess.) was to make only technical amendments and § 303 of the act specified that, to the extent that 2019, No. 131 (Adj. Sess.) may conflict with other acts of the same biennium, "the substantive changes in other acts shall take precedence over the technical changes of this act."

    Amendments--2019 (Adj. Sess.). Act No. 104 added subsec. designations (a)-(c).

    Subsec. (b): Deleted the last sentence.

    Subsec. (c): Substituted "General Assembly" for "Legislature" and "subsection" for "section".

    Amendments--2013 (Adj. Sess.). Substituted "U.S." for "United States" preceding "Government Accountability Office (GAO)", and added the last sentence.

    Amendments--2007 (Adj. Sess.) Rewrote the second sentence, added the third sentence, and made a minor change in punctuation in the fourth sentence.

    Amendments--2003 (Adj. Sess.). Substituted "Control" for "Except for senatorial scholarships, control" at the beginning of the section, deleted "and section 2531a of this title" following "chapter" and "of directors" following "board", and substituted "November 1" for "October first".

    Subchapter 3. Incentive Grants

    § 2841. Establishment; rules.

    A need-based grant program is hereby established to aid students who need financial assistance and are pursuing undergraduate studies and give promise of completing satisfactorily a degree program or who have been accepted for admission to an approved postsecondary education institution for undergraduate studies. The Board may establish rules, regulations, and standards for the awards under this subchapter.

    Added 1965, No. 198 , § 5(a); amended 2003, No. 86 (Adj. Sess.), § 11.

    History

    Amendments--2003 (Adj. Sess.). Substituted "A need-based grant program" for "Incentive grants are"; deleted "college" preceding "students"; inserted "and" following "assistance"; and substituted "postsecondary education institution for undergraduate studies" for "college".

    § 2842. Eligibility.

    1. To qualify for an incentive grant for the first year of undergraduate study, a student must be in attendance at an approved postsecondary education institution or be accepted for admission and be enrolled as a full-time or part-time student at such an institution. For each year following the first year of undergraduate study, the student must have been certified by the institution attended to be in good standing and to give promise of satisfactory completion of a course of study leading to a degree or diploma.
    2. Any qualified person may apply for an incentive grant in addition to any other scholarship aid.

      Added 1965, No. 198 , § 5(b), (g); amended 1967, No. 371 (Adj. Sess.), § 2, eff. March 27, 1968; 2003, No. 86 (Adj. Sess.), § 12.

    History

    Editor's note. Although 1989, No. 118 , § 3, amended each section of this title containing the word "certified" by substituting therefor "licensed", the word "certified" appearing in the second sentence of subsec. (a) was not changed to "licensed" in view of the context of the reference.

    Amendments--2003 (Adj. Sess.). Subsec. (a): Amended generally.

    Subsec. (b): Substituted "apply for an" for "accept a state" preceding "incentive" and deleted "except a senatorial scholarship" following "aid".

    Amendments--1967 (Adj. Sess.). Subsec. (b): Amended generally.

    § 2843. Applications, certificates, and reports.

    1. The recipient must apply for an incentive grant at least annually. Grants may be for a maximum of five full-time equivalent school years.
    2. Each applicant for an incentive grant shall furnish a certificate of income with the application. Attached to the certificate shall be a form of consent, executed by the student and any other required persons, granting permission to the Vermont Commissioner of Taxes to disclose the income tax information required by subsection (c) of this section.
    3. The Vermont Commissioner of Taxes, when requested by the Corporation, shall compare any certificate filed pursuant to this subchapter with the State income tax returns filed by the persons making such certificate and shall report any instances of discrepancy to the Corporation.
    4. [Repealed.]

      Added 1965, No. 198 , § 5(b), (d), (e), (f); amended 1967, No. 131 , § 5; 1967, No. 371 (Adj. Sess.), § 3, eff. March 27, 1968; 2003, No. 86 (Adj. Sess.), § 13; 2015, No. 29 , § 5.

    History

    Editor's note. Although 1989, No. 118 , § 3, amended each section of this title by substituting the word "license" for the word "certificate", the substitution was not made in this section in view of the context of the reference.

    Amendments--2015. Subsec. (d): Repealed.

    Amendments--2003 (Adj. Sess.). Section amended generally.

    Amendments--1967 (Adj. Sess.). Subsec. (b): Amended generally.

    Amendments--1967. Subsec. (a): Added "for the completion of an undergraduate degree" following "five" in the second sentence.

    § 2844. Amount received; proration.

    1. Each undergraduate student who qualifies for an incentive grant shall apply on forms provided by the Corporation. The Corporation may consider the student for an incentive grant if the student meets the need-based eligibility standards established by the Board. These standards shall give due consideration to all relevant factors affecting the student's need, including the adjusted gross income and other sources of income of the student's parents; the adjusted gross income and other sources of income of a nondependent student; the assets of parents and students; the number of a parent's or nondependent student's children who are students enrolled in approved postsecondary education institutions at the same time; and any unusual circumstances that affect the family financial strength. Incentive grants shall be awarded on a rolling basis to eligible applicants based upon established need, and in total amount shall not exceed the funds made available from legislative appropriation or other sources. In no case shall a student's award be larger than that needed to attend the approved postsecondary education institution of the student's choice.
    2. The Corporation may prorate incentive grants on the basis of semesters, other recognized portions of a school year, or course load.
    3. Vermont resident students enrolled at the Medical College of the University of Vermont or enrolled in a program leading to the degree of Doctor of Veterinary Medicine shall be eligible to apply for an incentive grant and shall be subject to the provisions of subsection (b) of this section. In addition, veterinary students shall be eligible for grants not to exceed twice the amount of the average grant award made to full-time undergraduate students in the previous year under subsection (a) of this section.

      Added 1965, No. 198 , § 5(c), (h); amended 1967, No. 131 ,§§ 6, 7; 1967, No. 371 (Adj. Sess.), § 4, eff. March 27, 1968; 1969, No. 89 ; 1971, No. 175 (Adj. Sess.), § 2, eff. March 28, 1972; 1975, No. 155 (Adj. Sess.); 1995, No. 63 , § 188; 2003, No. 86 (Adj. Sess.), § 14; 2013, No. 92 (Adj. Sess.), § 186, eff. Feb. 14, 2014.

    History

    Amendments--2013 (Adj. Sess.). Subsec. (c): Deleted "entering in 1996 and thereafter" following "veterinary students".

    Amendments--2003 (Adj. Sess.). Subsec. (a): Amended generally.

    Subsec. (b): Substituted "corporation" for "board", "incentive" for "the" preceding "grants", deleted "herein provided" following "grants" and "or" following "semesters", and inserted "or course load" following "school year".

    Amendments--1995 Subsec. (c): Added the second sentence.

    Amendments--1975 (Adj. Sess.). Subsec. (a): In the fourth sentence, substituted "for" for "to cover all prospective" preceding "needy cases".

    Subsec. (c): Inserted "or enrolled in a program leading to the degree of Doctor of Veterinary Medicine" following "University of Vermont" and added "of this section" following "subsection (b)".

    Amendments--1971 (Adj. Sess.). Subsec. (a): Amended generally.

    Amendments--1969. Subsec. (a): Amended generally.

    Amendments--1967 (Adj. Sess.). Subsec. (a): Substituted "taxable" for "net" preceding "income" in three places in the first sentence.

    Amendments--1967. Subsec. (a): Substituted "$800.00" for "$400.00" and "$500.00" for "$300.00" in the first sentence and added the second sentence.

    Subsec. (c): Added.

    § 2845. Trust fund; grants; students in Department for Children and Families custody.

    1. The Board shall establish a trust fund to be used to provide grants for students who do not have parental support and are or have been under the custody of the Commissioner for Children and Families. The Board may draw up to 90 percent of the assets in the fund for these purposes.
    2. The trust fund shall consist of:
      1. funds appropriated by the General Assembly; and
      2. any gifts, grants, or contributions made to the trust fund.
    3. The Board may determine whether the trust fund is to be managed by the State Treasurer or by a private firm contracted at the direction of the Board.
    4. Any amount remaining in the trust fund at the end of any fiscal year and any interest accruing to the trust fund shall remain in the fund.
    5. A child who is under the custody of the Commissioner for Children and Families, or a young adult between the ages of 18 and 24 who was under the custody of the Commissioner for Children and Families for at least six months when that person was between the ages of 16 and 18, and who is accepted for degree study at the Vermont State Colleges, the University of Vermont, or a Vermont independent college, is eligible for an annual grant under this section, to the extent that funds are available in the trust fund. Upon certification by the Vermont State Colleges, the University of Vermont, or a Vermont independent college that a Vermont resident student who is eligible under this section has matriculated in a degree program at a Vermont college or university, the student may receive a grant if the student's financial aid eligibility leaves remaining financial need following the student and the family contributions, if any, and the availability of all other sources of gift aid. Each grant, together with the student and the family contributions, if any, and all other sources of gift aid, shall not exceed the full cost of tuition, fees, room, and board, and no individual annual grant may exceed $3,000.00. The Board may prorate the funds appropriated for use under this section where the collective need of the eligible applicants exceeds the funds appropriated. In addition, the Board may prorate a grant based on a student's full- or part-time enrollment status.
    6. A person may receive a grant under this section for each of up to six consecutive years. A young adult who receives a grant under this section prior to reaching 25 years of age shall continue to be eligible for grants under this section until six years from the date of matriculation or until he or she has obtained an undergraduate degree, whichever comes first.
    7. The Board shall coordinate implementation of this section with the Commissioner for Children and Families, the President of the Association of Vermont Independent Colleges, the Chancellor of the Vermont State Colleges, and the President of the University of Vermont. The Board may establish procedures and policies or adopt rules to implement this section.

      Added 2003, No. 72 (Adj. Sess.), § 1, eff. Feb. 6, 2004; amended 2011, No. 58 , § 12, eff. May 31, 2011; 2013, No. 92 (Adj. Sess.), § 187, eff. Feb. 14, 2014.

    History

    Amendments--2013 (Adj. Sess.). Substituted "Department for Children and Families" for "DCF" in the section heading.

    Amendments--2011. Section heading: Substituted "DCF" for "SRS" preceding "custody".

    Subsecs. (a), (e), and (g): Substituted "for children and families" for "of social and rehabilitation service" following "commissioner".

    Repeal of sunset. 2003, No. 72 (Adj. Sess.), § 2(b) which provided for the sunset of this section, effective July 1, 2008, was repealed by 2007, No. 65 , § 196a.

    § 2846. Advancement grants.

    1. The Corporation may establish an advancement grant program for residents pursuing nondegree education and training opportunities who do not meet the definition of student in subdivision 2822(3) of this title, and who may not meet the requirements of this subchapter.
    2. Advancement grants may be used at institutions that are not approved postsecondary education institutions.
    3. The Corporation may adopt rules or establish policies, procedures, standards, and forms for advancement grants, including the requirements for applying for and using the grants and the eligibility requirements for the institutions where the grants may be used.

      Added 2003, No. 86 (Adj. Sess.), § 15; amended 2019, No. 80 , § 4.

    History

    2003 (Adj. Sess.). This section was originally enacted as section 2845 of this title and was redesignated as 2846 to avoid conflict with section 2845 of this title as enacted by 2003, No. 72 (Adj. Sess.), § 1.

    Amendments--2019. Substituted "Advancement" for "Nondegree" in the section heading; added the subsec. designations; substituted "an advancement grant program" for "grant programs" in subsec. (a); and substituted "advancement" for "nondegree" preceding "grants" in subsecs. (b) and (c).

    Subchapter 4. Honor Scholarships

    History

    Amendments--2003 (Adj. Sess.). In the subchapter heading, substituted "Scholarships" for "Scholarship; Grants" pursuant to 2003, No. 86 (Adj. Sess.), § 16.

    § 2851. Establishment.

    Vermont Honor Scholarships are hereby established for secondary school seniors who plan to attend an approved postsecondary education institution.

    Added 1965, No. 198 , § 6(a); amended 1999, No. 24 , § 2, eff. May 19, 1999; 2003, No. 86 (Adj. Sess.), § 17.

    History

    Amendments--2003 (Adj. Sess.). Substituted "secondary school seniors who plan to attend an approved postsecondary education institution" for "students who have been accepted for admission to an approved college defined in section 2822(h) of this title".

    Amendments--1999. Substituted "Vermont" for "State" and substituted "2822(h)" for "2822(c) and (d)".

    Legislative intent. 1999, No. 24 , § 1, provides that: "It is the intent of the general assembly that, following receipt of a Vermont honor scholarship, the recipient's grant award from a postsecondary institution or the Vermont student assistance corporation shall not be reduced due to receipt of the scholarship."

    § 2852. Eligibility.

    1. All resident, qualified secondary school seniors are eligible to be nominated by their secondary school for a Vermont Honor Scholarship.
    2. Vermont Honor Scholarships shall be awarded on the basis of merit as demonstrated by scholastic excellence and participation in extracurricular and community service activities to be determined by such criteria as the Board shall prescribe.

      Added 1965, No. 198 , § 6(b), (c); amended 1999, No. 24 , § 3, eff. May 19, 1999; 2003, No. 86 (Adj. Sess.), § 18.

    History

    Amendments--2003 (Adj. Sess.). Subsec. (a): Inserted "resident" following "All", substituted "secondary school" for "high school" and inserted "to be nominated by their secondary school" following "eligible".

    Subsec. (b): Inserted "merit as demonstrated by" preceding "scholastic" and "and community service" preceding "activities".

    Amendments--1999. Subsec. (a): Deleted "to compete" following "are eligible" and substituted "a Vermont" for "an" and deleted "grant".

    Subsec. (b): Substituted "Vermont honor scholarships" for "Honor scholarship grants", inserted "and participation in extracurricular activities", and substituted "criteria" for "examinations."

    § 2853. Application.

    A qualified student may be awarded an Honor Scholarship without affecting eligibility for an incentive grant. The Honor Scholarship amount shall not be considered in determining the calculation of the initial amount of the grant, unless the student's total grant and scholarship assistance from all sources exceeds the cost of attendance as defined under the Higher Education Act.

    Added 1965, No. 198 , § 6(f); amended 2003, No. 86 (Adj. Sess.), § 19.

    History

    Reference in text. The Higher Education Act, referred to in this section, is principally codified as 20 U.S.C. § 1001 et seq.

    Amendments--2003 (Adj. Sess.). Section amended generally.

    § 2854. Amount; number; disbursement.

    1. Each Vermont Honor Scholarship shall be an equal amount and no less than $1,000.00 as determined by the Board.
    2. Each secondary school, or a border school serving Vermont secondary school students, may nominate a senior for a Vermont Honor Scholarship.
    3. The Scholarship shall be disbursed to the approved postsecondary education institution at which the recipient enrolls.

      Added 1965, No. 198 , § 6(d), (e); amended 1999, No. 24 , § 4, eff. May 19, 1999; 2003, No. 86 (Adj. Sess.), § 20.

    History

    Amendments--2003 (Adj. Sess.). In the section heading, deleted "and" preceding "number" and inserted "; disbursement" following "number".

    Subsec. (b): Substituted "secondary school" for "high school and vocational technical center in Vermont" and "high school", respectively, and substituted "a senior" for "one student".

    Subsec. (c): Added.

    Amendments--1999. Subsec. (a): Inserted "Vermont honor" following "Each", deleted "grant" following "scholarship", and substituted "an equal amount and no less than $1,000.00 as determined by the board" for "in the amount of $100.00".

    Subsec. (b): Amended generally.

    Subchapter 4A. National Guard

    § 2856. Educational assistance; interest free loans. Section 2856 repealed effective July 1, 2022.

    1. An active member of the Vermont National Guard may be eligible for an interest-free loan in an academic year for financial assistance to pay for tuition and fees for courses taken at a Vermont college, university, regional technical center, or other programs approved pursuant to policies adopted in accordance with subsection (f) of this section.
    2. To be eligible for an educational loan under this section, a person shall:
      1. be an active member in good standing of a federally recognized unit of the Vermont National Guard;
      2. have successfully completed basic training or commissioning; and
      3. be enrolled in a program that leads to a postsecondary degree, diploma or be studying for relevant continuing education purposes.
    3. A loan made under this section shall be interest free and may be partially or completely cancelled and forgiven for a person who:
      1. submits certification that the person has successfully completed the course; and
      2. submits certification that the person has completed two years of National Guard service for each full academic year award. Service requirements for less than a full academic year award shall be proportionate to the amount of the award. The Board shall determine the amount of loan to be cancelled for each completed year of service. The amount cancelled for each year of service shall not exceed 50 percent of the loan.
    4. The Adjutant General shall provide documentation of eligibility for educational assistance under this section for each academic period.
    5. The loan of a person who loses eligibility under this section while enrolled in a course shall go into repayment pursuant to the terms of the loan, and the person shall be ineligible for further assistance under this section until the loan is repaid in full.
    6. The Board, in consultation with the Office of the Adjutant General, shall adopt policies, procedures, and guidelines necessary to implement the provisions of this section, which shall include application requirements, annual loan requirements, loan forgiveness requirements, and annual loan amounts based on available funds. The policies, procedures, and guidelines shall include definitions of "successful completion of a course," "relevant continuing education courses," and what constitutes an "academic year." Rules adopted by the Vermont State Colleges under section 2183 of this title, prior to its repeal, shall remain valid under this section and shall be administered by the Corporation.
    7. [Repealed.]
    8. The availability of loans made under this subchapter is subject to funds appropriated to the Vermont National Guard for that purpose.

      Added 1999, No. 62 , § 61; amended 2003, No. 39 , § 1; 2003, No. 86 (Adj. Sess.), § 21; 2007, No. 46 , § 5, eff. May 23, 2007; 2007, No. 154 (Adj. Sess.), § 6; 2009, No. 4 , § 86, eff. April 24, 2009; 2011, No. 149 (Adj. Sess.), § 8; repealed on July 1, 2022 by 2018, No. 11 (Sp. Sess.), § E.215.2.

    History

    Reference in text. Section 2183 of this title, referred to in subsec. (f), was repealed by 1999, No. 62 , § 62.

    Amendments--2011 (Adj. Sess.). Section amended generally.

    Amendments--2009 Subsec. (a): Deleted "or" following "university" and inserted "or other programs approved pursuant to policies adopted in accordance with subsection (f) of this section" following "center" at the end of the first sentence and deleted the third sentence.

    Amendments--2007 (Adj. Sess.). Subsec. (g): Repealed.

    Amendments--2007. Subsec. (a): Substituted "University of Vermont" for "Vermont State College" and added the last sentence.

    Amendments--2003 (Adj. Sess.). Subsec. (b): Deleted former subdiv. (1) and redesignated former subdivs. (2)-(5) as present subdivs. (1)-(4).

    Subsec. (c): Substituted "made" for "awarded" following "loan".

    Subsec. (h): Added.

    Amendments--2003. Subsec. (a): Substituted "the in-state tuition rate at the Vermont state colleges for that year" for "$2,500.00 for a full-time student, up to $700.00 for a half-time student and up to $200.00 for a quarter-time student".

    Subdiv. (b)(1): Repealed.

    § 2857. Vermont National Guard Tuition Benefit Program.

    1. Program creation.  The Vermont National Guard Tuition Benefit Program (Program) is created, under which a member of the Vermont National Guard (member) who meets the eligibility requirements in subsection (c) of this section is entitled to the following tuition benefit for up to full-time attendance:
      1. For courses at either campus of the Northern Vermont University (NVU), the Vermont Technical College (VTC), the University of Vermont and State Agricultural College (UVM), or at the Community College of Vermont (CCV), the benefit shall be the in-state residence tuition rate for the relevant institution.
      2. For courses at a Vermont State College, other than NVU, VTC, or CCV, or at any eligible Vermont private postsecondary institution, the benefit shall be the in-state tuition rate charged by NVU.
      3. For courses at an eligible training institution offering nondegree, certificate training, or continuing education programs, the benefit shall be the lower of the institution's standard tuition or the in-state tuition rate charged by NVU.
    2. Tuition benefit.  The tuition benefit provided under the Program shall be paid on behalf of the member by the Vermont Student Assistance Corporation (VSAC), subject to the appropriation of funds by the General Assembly specifically for this purpose. An eligible Vermont postsecondary institution that accepts or receives the tuition benefit on behalf of a member shall charge the member the tuition rate for an in-state student. The amount of tuition for a member who attends an educational institution under the Program on less than a full-time basis shall be reduced to reflect the member's course load in a manner determined by VSAC under subdivision (f)(1) of this section. The tuition benefit shall be conditioned upon the member's executing a promissory note obligating the member to repay the member's tuition benefit, in whole or in part, if the member fails to complete the period of Vermont National Guard service required in subsection (d) of this section, or if the member's benefit is terminated pursuant to subdivision (e)(1) of this section.
    3. Eligibility.  To be eligible for the Program, an individual, whether a resident or nonresident, shall satisfy all of the following requirements:
      1. be an active member of the Vermont National Guard;
      2. have successfully completed basic training;
      3. be enrolled at UVM, a Vermont State College, or any other college or university located in Vermont in a program that leads to an undergraduate certificate or degree or at an eligible training institution in a program that leads to a certificate or other credential recognized by VSAC;
      4. have not previously earned an undergraduate bachelor's degree;
      5. continually demonstrate satisfactory academic progress as determined by criteria established by the Vermont National Guard and VSAC, in consultation with the educational institution at which the individual is enrolled under the Program;
      6. have used available post-September 11, 2001 tuition benefits and other federally funded military tuition assistance; provided, however, that this subdivision shall not apply to:
        1. tuition benefits and other federally funded military tuition assistance for which the individual has not yet earned the full amount of the benefit or tuition;
        2. Montgomery GI Bill benefits;
        3. post-September 11, 2001 educational program housing allowances;
        4. federal educational entitlements;
        5. National Guard scholarship grants;
        6. loans under section 2856 of this title; and
        7. other nontuition benefits; and
      7. have submitted a statement of good standing to VSAC signed by the individual's commanding officer within 30 days prior to the beginning of each semester.
    4. Service commitment.
      1. For each full academic year of attendance under the Program, a member shall be required to serve two years in the Vermont National Guard in order to receive the full tuition benefit under the Program.
      2. If a member's service with the Vermont National Guard terminates before the member fulfills this two-year service commitment, other than for good cause as determined by the Vermont National Guard, the individual shall reimburse VSAC a pro rata portion of the tuition paid under the Program pursuant to the terms of an interest-free reimbursement promissory note signed by the individual at the time of entering the Program.
      3. For members participating in the Program on a less than full-time basis, the member's service commitment shall be at the rate of one month of Vermont National Guard service commitment for each credit hour, not to exceed 12 months of service commitment for a single semester.
    5. Termination of tuition benefit.
      1. The Office of the Vermont Adjutant and Inspector General may terminate the tuition benefit provided an individual under the Program if:
        1. the individual's commanding officer revokes the statement of good standing submitted pursuant to subdivision (c)(7) of this section as a result of an investigation or disciplinary action that occurred after the statement of good standing was issued;
        2. the individual is dismissed from the educational institution in which the individual is enrolled under the Program for academic or disciplinary reasons; or
        3. the individual withdraws without good cause from the educational institution in which the individual is enrolled under the Program.
      2. If an individual's tuition benefit is terminated pursuant to subdivision (1) of this subsection, the individual shall reimburse VSAC for the tuition paid under the Program, pursuant to the terms of an interest-free reimbursement promissory note signed by the individual at the time of entering the Program; shall be responsible on a pro rata basis for the remaining tuition cost for the current semester or any courses in which the individual is currently enrolled; and shall be ineligible to receive future tuition benefits under the Program.
      3. If an individual is dismissed for academic or disciplinary reasons from any postsecondary educational institution before receiving tuition benefits under the Program, the Office of the Adjutant and Inspector General may make a determination regarding the individual's eligibility to receive tuition benefits under the Program.
    6. Adoption of policies, procedures, and guidelines.
      1. VSAC, in consultation with the Office of the Adjutant and Inspector General, shall adopt policies, procedures, and guidelines necessary to implement the provisions of this section, which shall include eligibility, application, and acceptance requirements, proration of service requirements for academic semesters or attendance periods shorter than one year, data sharing guidelines, and the criteria for determining "good cause" as used in subdivisions (d)(2) and (e)(1)(C) of this section.
      2. Each educational institution participating in the Program shall adopt policies and procedures for the enrollment of members under the Program. These policies and procedures shall be consistent with the policies, procedures, and guidelines adopted by VSAC under subdivision (1) of this subsection.
    7. Reports.
      1. On or before November 1 of each year, the President, Chancellor, or equivalent position of each educational institution that participated in the Program during the immediately preceding school year shall report to the Vermont National Guard and VSAC regarding the number of members enrolled at its institution during that school year who received tuition benefits under the Program and, to the extent available, the courses or program in which the members were enrolled.
      2. On or before January 15 of each year, the Vermont National Guard and VSAC shall report these data and other relevant performance factors, including information pertaining to the achievement of the goals of this entitlement program and the costs of the Program to date, to the Governor, the House and Senate Committees on Education, and the House Committees on Appropriations and on General, Housing, and Military Affairs. The provisions of 2 V.S.A. § 20(d) , expiration of reports, shall not apply to the reports to be made under this subsection.

        Added 2018, No. 11 (Sp. Sess.), § E.215.1; amended 2019, No. 6 , § 85, eff. April 22, 2019; 2019, No. 88 (Adj. Sess.), § 52, eff. March 4, 2020.

    History

    2018. Added subsec. (b) heading for consistency within the section.

    Amendments--2019 (Adj. Sess.) Subdiv. (a)(1): Inserted "the Vermont Technical College (VTC)," following "(NVU)".

    Subdiv. (a)(2): Inserted "VTC, or CCV," following "than NVU".

    Amendments--2019. Subdiv. (c)(6): Substituted "used available" for "exhausted any" preceding "post-September 11, 2001", added subdiv. (c)(6)(A), and added subdiv. designators to subdiv. (c)(6)(B) through subdiv. (c)(6)(G).

    Retroactive effective date of amendments. 2019, No. 6 , § 105(a), provides: "Notwithstanding 1 V.S.A. § 214 or any other act or provision, Secs. 64-72 (State Health Care Resources Fund), 74 (32 V.S.A. § 10503), 75 (33 V.S.A. § 1951), and 76 (33 V.S.A. § 1956) and Sec. 85 amending 16 V.S.A. § 2857 shall take effect on passage and apply retroactively to July 1, 2018."

    Transition. 2018, No. 11 (Sp. Sess.), § E.215.3 provides: "(a) The benefits under 16 V.S.A. § 2856, the Vermont National Guard Educational Assistance Program, shall only be available through December 31, 2018, except as provided in this subsection."

    "(1) A member who is, as of December 31, 2018, pursuing a graduate degree under that Program may continue to receive a loan under the Program through June 30, 2020, provided that the member continues to satisfy the eligibility requirements of 16 V.S.A. § 2857(c).

    "(b) A member of the Vermont National Guard who received a loan on or before January 1, 2019 under 16 V.S.A. § 2856 shall be entitled to the benefits under the Vermont National Guard Tuition Benefit Program if the member satisfies the eligibility criteria under that Program.

    "(c) The Vermont Student Assistance Corporation (VSAC), in consultation with the Office of the Adjutant and Inspector General, shall adopt guidelines for participants transitioning from the Vermont National Guard Educational Assistance Program under 16 V.S.A. § 2856 to the benefits under the Vermont National Guard Tuition Benefit Program.

    "(d) If, on or before July 1, 2022, a loan provided to a Vermont National Guard member under 16 V.S.A. § 2856 has gone into repayment pursuant to the terms of the loan, the member shall repay the loan in accordance with its terms unless and to the extent canceled or forgiven by the Corporation."

    Retroactive effective date. 2019, No. 88 (Adj. Sess.) § 71(b) provides: "Notwithstanding 1 V.S.A. § 214, Sec. 52 (National Guard tuition benefit program) shall take effect on passage and shall apply retroactively to July 1, 2019."

    Subchapter 5. Education Loan Program

    History

    Amendments--2003 (Adj. Sess.). In the subchapter heading, substituted "Education" for "Student" pursuant to 2003, No. 86 (Adj. Sess.), § 22.

    § 2861. Establishment.

    There is hereby created an Education Loan Program for the purpose of assisting qualified students to pursue schooling beyond the secondary level. It is the intention of the Legislature in establishing the Education Loan Program under this subchapter to serve Vermont resident students and their families throughout their educational careers; and to serve nonresident students attending Vermont postsecondary institutions and the families of those students throughout their educational careers. It is also the intention of the Legislature that education loans made under this subchapter not be collateralized at the time of their origination.

    Added 1965, No. 198 , § 7(a); amended 2003, No. 86 (Adj. Sess.), § 23.

    History

    Amendments--2003 (Adj. Sess.). Substituted "an" for "a higher" preceding "education"; deleted "resident Vermont" following "qualified"; and added the last second and third sentences.

    Designation of Corporation for administration of federal funds. 1965, No. 124 , as amended by 1966, No. 57 , § 1, provided: "The Vermont Student Assistance Corporation is designated by the State of Vermont to administer Title IV, Part B, of the Higher Education Act of 1965 [20 U.S.C. § 1071 et seq.] to provide low interest insured loans to students in institutions of higher education."

    § 2862. Rules and regulations.

    1. The Board shall adopt rules and regulations and establish policies and procedures that it deems necessary to carry out the purpose of this subchapter. The rules and regulations so adopted shall include provisions relating to borrower eligibility, maximum loan amounts, interest rates, and other charges.
    2. In the case of loans reinsured under the Higher Education Act, the rules and regulations shall conform to the requirements of that act.
    3. Education loans guaranteed, made, financed, serviced, or otherwise administered by the Corporation are exempt from the interest rate and charges limitations of 9 V.S.A. §§ 41a and 42, but those rates and charges shall reflect the Corporation's costs of funds, its costs of education loan financing and servicing, and the risks associated with different types of education loans.
    4. Loans made pursuant to the Higher Education Act by institutions doing business in Vermont shall be made pursuant to this chapter.

      Added 1965, No. 198 , § 7(b); amended 1967, No. 131 , § 8; 1967, No. 371 (Adj. Sess.), § 5, eff. March 27, 1968; 1969, No. 83 , § 1, eff. April 18, 1969; 1973, No. 51 ; 1983, No. 76 , § 2; 1987, No. 79 , § 2, eff. June 9, 1987; 2003, No. 86 (Adj. Sess.), § 24.

    History

    Reference in text. The Higher Education Act, referred to in subsecs. (b) and (d), is principally codified as 20 U.S.C. § 1001 et seq.

    Amendments--2003 (Adj. Sess.). Subsecs. (a)-(c): Rewrote the subsecs.

    Subsec. (d): Substituted "the Higher Education Act" for "PL 89-329, as amended".

    Amendments--1987. Subsec. (d): Added.

    Amendments--1983. Subsec. (c): Added.

    Amendments--1973. Section amended generally.

    Amendments--1969. Subdiv. (2): Amended generally.

    Subdiv. (4): Inserted "a credit union, or a savings and loan association" following "bank" and substituted "seven" for "six" preceding "percent" in the first sentence.

    Amendments--1967 (Adj. Sess.). Subdiv. (1): Amended generally.

    Amendments--1967. Subdiv. (4): Substituted "six" for "five" preceding "per cent" in the first sentence.

    Cross References

    Cross references. Federal taxation of interest on bonds, see 32 V.S.A. chapter 13, subchapter 7.

    Issuance of private activity bonds, see 32 V.S.A. §§ 991, 992.

    § 2863. Guarantee.

    The Corporation is authorized to guarantee that any education loan notes properly executed shall be repaid according to their tenor and, if guaranteed under the Higher Education Act, to the extent authorized under that act, provided, that in the event of default, the holder has complied with the rules, regulations, and procedures of the Corporation, and with the Act and the regulations promulgated under the Act, regarding the making, servicing, and diligent collection of education loans until assigned to the Corporation as provided in this chapter. The Corporation may make loans that have no guarantee.

    Added 1965, No. 198 , § 7(c); amended 1975, No. 170 (Adj. Sess.), § 4; 1993, No. 147 (Adj. Sess.), § 4; 2003, No. 86 (Adj. Sess.), § 25; 2019, No. 131 (Adj. Sess.), § 102.

    History

    Reference in text. The Higher Education Act, referred to in this section, is principally codified as 20 U.S.C. § 1001 et seq.

    Amendments--2019 (Adj. Sess.). Substituted "under the Act" for "thereunder" and deleted "hereinafter" following "Corporation as" and inserted "in this chapter" in the first sentence.

    Amendments--2003 (Adj. Sess.). Inserted "education loan" preceding "notes", substituted "the" for "said" preceding "act" and "education" for "student" preceding "loan", and added the last sentence.

    Amendments--1993 (Adj. Sess.). Substituted "is authorized to" for "shall" preceding "guarantee", "according to their tenor and, if guaranteed under the Higher Education Act, to the extent authorized under that act" for "in full together with any accumulated interest thereon" following "repaid", and "holder" for "lender" following "default the", and inserted "regulations and procedures" preceding "of the corporation" and "and with said act and the regulations promulgated thereunder" thereafter.

    Amendments--1975 (Adj. Sess.). Section amended generally.

    Construction of 1993 (Adj. Sess.) amendment. See note set out under § 2821 of this title.

    § 2864. Reserve fund.

    1. The Corporation shall establish and maintain an allowance for loans not covered by a federal or other guaranty or insurance, using historical loan delinquency and default rates and other relevant information. To the extent the reserve fund contains any monies appropriated by the State, such reserve funds shall be held and administered in accordance with 32 V.S.A. § 432 and 433. Any such allowance may not be funded from monies appropriated by the General Assembly to the Corporation unless specifically appropriated for such purposes.
    2. The Corporation is authorized to negotiate and enter into agreement with the U.S. Secretary of Education to reinsure its guarantee of any loans made under this chapter, and to amend such agreements, consistent with this chapter.

      Added 1965, No. 198 , § 7(d); amended 1969, No. 83 , § 2, eff. April 18, 1969; 1981, No. 174 (Adj. Sess.), § 4, eff. April 20, 1982; 1993, No. 147 (Adj. Sess.), § 5; 2003, No. 86 (Adj. Sess.), § 26.

    History

    Amendments--2003 (Adj. Sess.). Subsec. (a): Substituted "an allowance for" for "a guarantee reserve fund equal to the amount provided in the Higher Education Act, but in no event less than eight percent of the portion of any", "a federal or other guaranty or insurance, using historical loan delinquency and default rates and other relevant information" for "federal reinsurance which it estimates to be outstanding during each fiscal year", and "such allowance" for "reimbursement required under No. 38 of the Acts of 1964 shall be taken from the guarantee fund. Any such reserve funds on such loans".

    Amendments--1993 (Adj. Sess.). Subsec. (a): Substituted "corporation" for "board" preceding "shall establish" and inserted "the amount provided in the Higher Education Act, but in no event less than" preceding "eight" in the first sentence and substituted "to the extent the reserve fund contains any monies appropriated by the state" for "any" preceding "such reserve" in the second sentence.

    Subsec. (b): Substituted "corporation" for "board" preceding "is authorized to", inserted "negotiate and" thereafter, and substituted "United States Secretary of Education" for "United States commission of education" and "chapter, and to amend such agreements, consistent with this chapter" for "subchapter" following "under this".

    Amendments--1981 (Adj. Sess.). Subsec. (a): Added the fourth sentence.

    Amendments--1969. Section amended generally.

    Construction of 1993 (Adj. Sess.) amendment. See note set out under § 2821 of this title.

    § 2865. Default.

    A holder of a loan guaranteed pursuant to this chapter may submit a default claim to the Corporation for payment when a borrower has failed to make an installment payment of principal or interest or both when due or to comply with other terms of the note or other written evidence of agreement, which persists beyond the delinquency period provided in the Higher Education Act. Upon the holder's compliance with the servicing and the default claim filing requirements specified in section 2863 of this chapter, the Corporation shall pay the holder the amount due as described in section 2863 of this title. Upon reimbursement, the holder shall assign the note to the Corporation, but such assignment may be without representation or warranty, expressed or implied, and without recourse.

    Added 1965, No. 198 , § 7(e); amended 1969, No. 83 , § 3, eff. April 18, 1969; 1975, No. 170 (Adj. Sess.), § 5; 1993, No. 147 (Adj. Sess.), § 6; 2003, No. 86 (Adj. Sess.), § 27.

    History

    Reference in text. The Higher Education Act, referred to in this section, is principally codified as 20 U.S.C. § 1001 et seq.

    Amendments--2003 (Adj. Sess.). Deleted "student" preceding "borrower" in the first sentence.

    Amendments--1993 (Adj. Sess.). Rewrote the first and second sentences and substituted "holder" for "bank, a credit union or a savings and loan association" following "reimbursement, the" in the third sentence.

    Amendments--1975 (Adj. Sess.). Section amended generally.

    Amendments--1969. Inserted "a credit union or a savings and loan association" following "bank" in the first and second sentences and added "subject to any claim for federal reinsurance" following "reserve fund" in the third sentence.

    Construction of 1993 (Adj. Sess.) amendment. See note set out under § 2821 of this title.

    § 2866. Rights of minors.

    A person under 18 years of age shall not be disqualified or lack capacity by reason of the person's minority, but shall have the rights, powers, privileges, and obligations of a person of full age with respect to executing instruments under this subchapter.

    1965, No. 198 , § 7(f); amended 2003, No. 86 (Adj. Sess.), § 28.

    History

    Revision note. Substituted "eighteen" for "twenty-one" pursuant to 1971, No. 184 (Adj. Sess.), § 29. See note set out under 1 V.S.A. § 173.

    Amendments--2003 (Adj. Sess.). Substituted "18" for "eighteen" preceding "years", inserted "or lack capacity" following "disqualified", and substituted "the person's" for "his" preceding "minority".

    § 2867. Reserve and pledged equity funds.

    1. The Corporation may create and establish one or more special funds, referred to in this section as "debt service reserve funds" or "pledged equity funds."
    2. The Corporation shall pay into each debt service reserve fund:
      1. Any monies appropriated and made available by the State for the purpose of such fund.
      2. Any proceeds of the sale of notes, bonds, or other debt instruments, to the extent provided in the resolution or resolutions of the Corporation authorizing the issuance thereof.
      3. Any other monies or financial instruments such as surety bonds, letters of credit, or similar obligations, that may be made available to the Corporation for the purpose of such fund from any other source or sources. All monies or financial instruments held in any debt service reserve fund created and established under this section, except as provided in this section, shall be used, as required, solely for the payment of the principal of the bonds, notes, or other debt instruments secured in whole or in part by such fund or of the payments with respect to the bonds, notes, or other debt instruments specified in any resolution of the Corporation as a sinking fund payment, the purchase or redemption of the bonds, the payment of interest on the bonds, notes, or other debt instruments, or the payment of any redemption premium required to be paid when the bonds, notes, or other debt instruments are redeemed prior to maturity, or to reimburse the issuer of a liquidity or credit facility, bond insurance, or other credit enhancement for the payment by such party of any of the foregoing amounts on the Corporation's behalf; provided, however, that the monies or financial instruments in any such debt reserve fund shall not be drawn upon or withdrawn at any time in such amounts as would reduce the amount of such funds to less than the debt service reserve requirement established by resolution of the Corporation for such fund as provided in this section except for the purpose of paying, when due, with respect to bonds secured in whole or in part by such fund, the principal, interest, redemption premiums, and sinking fund payments and reimbursing, when due, the issuer of any credit enhancement for any such payments made by it, for the payment of which other monies of the Corporation are not available. Any income or interest earned by, or increment to, any debt service reserve fund due to the investment thereof may be transferred by the Corporation to other funds or accounts of the Corporation to the extent it does not reduce the amount of such debt service reserve fund below the debt service reserve requirement for such fund.
    3. The Corporation shall pay into each pledged equity fund:
      1. Any monies appropriated and made available by the State for the purpose of such fund.
      2. Any proceeds of the sale of notes, bonds, or other debt instruments, to the extent provided in the resolution or resolutions of the Corporation authorizing the issuance thereof.
      3. Any other monies or financial instruments such as surety bonds, letters of credit, or similar obligations, that may be made available to the Corporation for the purpose of such fund from any other source or sources. All monies or financial instruments held in any pledged equity fund created and established under this section, except as provided in this section, shall be used, as required, solely to provide pledged equity or over-collateralization of any trust estate of the Corporation to the issuer of a liquidity or credit facility, bond insurance, or other credit enhancement obtained by the Corporation; provided, however, that the monies or financial instruments in any such pledged equity fund shall not be drawn upon or withdrawn from such fund at any time in such amounts as would reduce the amount of such funds to less than the pledged equity requirement established by resolution of the Corporation for such fund as hereafter provided except for the purposes set forth in, and in accordance with, the governing resolution. Any income or interest earned by, or increment to, any pledged equity fund due to the investment thereof may be transferred by the Corporation to other funds or accounts of the Corporation to the extent it does not reduce the amount of such pledged equity fund below the requirement for such fund. Anything in this subdivision to the contrary notwithstanding, upon the defeasance of the bonds, notes, or other debt instruments with respect to which the pledged equity requirement was established, the Corporation may transfer amounts in such fund to another fund or account of the Corporation proportionately to the amount of such defeasance, provided that the Corporation shall repay to the State any amount appropriated by the State pursuant to subsection (f) of this section.
    4. The debt service reserve and pledged equity requirements for any fund established under this section shall be established by resolution of the Corporation prior to the issuance of any bonds, notes, or other debt instruments secured in whole or in part by a debt service reserve fund or prior to entering into any credit enhancement agreement and shall be the amount determined by the Corporation to be reasonably required in light of the facts and circumstances of the particular debt issue or credit enhancement; provided that the maximum amount of the State's commitment with respect to any pledged equity fund shall be determined by the Corporation at or prior to entering into any credit enhancement agreement related to such pledged equity fund. The Corporation shall not at any time issue bonds, notes, or other debt instruments secured in whole or in part by a debt service reserve fund or enter into any credit enhancement agreement that requires establishment of a pledged equity fund created and established under this section unless:
      1. the Corporation at the time of such issuance or execution shall deposit in such fund from the proceeds of such bonds, notes, or other debt instruments, or from other sources, an amount that, together with the amount then in such fund, will not be less than the requirement established for such fund at that time;
      2. the Corporation has made a determination at the time of the authorization of the issuance of such bonds, notes, or other debt instruments, or entering into such credit enhancement agreement that the Corporation will derive revenues or other income from the education loans that secure such bonds, notes, or other debt instruments or that relate to any credit enhancement agreement sufficient to provide, together with all other available revenues and income of the Corporation, other than any amounts appropriated by the State pursuant to this section, for the payment of such bonds, notes, and other debt instruments and reimbursement to the issuer of any credit enhancement, the payment of any expected deposits into any pledged equity fund established with respect to such credit enhancement and the payment of all costs and expenses incurred by the Corporation with respect to the program or purpose for which such bonds, notes, or other debt instruments are issued; and
      3. the State Treasurer or his or her designee has provided written approval to the Corporation that the Corporation may issue such bonds, notes, or other debt instruments and enter into any related credit enhancement agreement.
    5. In computing the amount of the debt service reserve or pledged equity funds for the purpose of this section, securities in which all or a portion of such funds shall be invested shall be valued at par if purchased at par or at amortized value, as such term is defined by resolution of the Corporation, if purchased at other than par.
    6. In order to ensure the maintenance of the debt service reserve fund requirement in each debt service reserve fund established by the Corporation under this section, there may be appropriated annually and paid to the Corporation for deposit in each such sum as shall be certified by the Chair of the Corporation to the Governor, the President of the Senate, and the Speaker of the House as is necessary to establish or restore each such debt service reserve fund to an amount equal to the requirement for each such fund. The Chair shall annually, on or about February 1, make, execute, and deliver to the Governor, the President of the Senate, and the Speaker of the House, a certificate stating the sum required to restore each such fund to the amount equal to the requirement for each such fund, and the Governor shall, on or before March 1, submit a request for appropriations in the amount so certified, and such amount may be appropriated, and if appropriated, shall be paid to the Corporation during the then current State fiscal year. In order to ensure the funding of the pledged equity fund requirement in each pledged equity fund established by the Corporation under this section at the time and in the amount determined at the time of entering into any credit enhancement agreement related to a pledged equity fund, there may be appropriated and paid to the Corporation for deposit in each such fund, such sum as shall be certified by the Chair of the Corporation, to the Governor, the President of the Senate, and the Speaker of the House, as is necessary to establish each such pledged equity fund to an amount equal to the amount determined by the Corporation at the time of entering into any credit enhancement agreement related to a pledged equity fund, provided that the amount requested, together with any amounts previously appropriated pursuant to this subsection for a particular pledged equity fund, shall not exceed the maximum amount of the State's commitment, as determined by the Corporation pursuant to subsection (d) of this section. The Chair shall, on or about the February 1 next following the designated date for fully funding a pledged equity fund, make, execute, and deliver to the Governor, the President of the Senate, and the Speaker of the House a certificate stating the sum required to bring each such fund to the amount equal to the requirement for each such fund or to otherwise satisfy the State's commitment with respect to each such fund, and the Governor shall, on or before March 1, submit a request for appropriations in the amount so certified, and such amount may be appropriated, and if appropriated, shall be paid to the Corporation during the then-current State fiscal year. The combined principal amount of bonds, notes, and other debt instruments outstanding at any time and secured in whole or in part by a debt service reserve fund established under this section and the aggregate commitment of the State to fund pledged equity funds pursuant to this subsection shall not exceed $50,000,000.00, provided that the foregoing shall not impair the obligation of any contract or contracts entered into by the Corporation in contravention of the Constitution of the United States. Notwithstanding anything in this section to the contrary, the State's obligation with respect to funding any pledged equity fund shall be limited to its maximum commitment, as determined by the Corporation pursuant to subsection (d) of this section and the State shall have no other obligation to replenish or maintain any pledged equity fund.

      Added 2009, No. 2 , § 1, eff. March 31, 2009; amended 2011, No. 40 , § 55a, eff. May 20, 2011; 2019, No. 131 (Adj. Sess.), § 103.

    History

    Amendments--2019 (Adj. Sess.). Subsec. (a): Deleted "herein" preceding "referred" and inserted "in this section".

    Subdiv. (b)(3): In the second sentence, deleted "hereinafter" following "except as", inserted "in this section" preceding ", shall be", deleted "therefrom" following "withdrawn", deleted "hereafter" following "fund as" and inserted "in this section" preceding "except for".

    Subdiv. (c)(3): In the second sentence, deleted "hereinafter" following "except as", inserted "in this section".

    Subsec. (f): In the first sentence, substituted "ensure" for "assure" and inserted "fund" at the end, in the second sentence, substituted "equal to the requirement for each such fund" for "aforesaid" and substituted "ensure" for "assure", and substituted "equal to the requirement for each such fund" for "aforesaid" in the fourth sentence.

    Amendments--2011. Subsec. (f): Substituted "governor shall, on or before March 1, submit a request for appropriations in the amount" for "sum" and inserted ", and such amount" following "certified," in the second and fourth sentences.

    Former § 2867. Former § 2867, relating to administration of the National Vocational Loan Act of 1965, was added by 1967, No. 76 .

    § 2868. Notes, bonds, and other obligations.

    1. Power to issue obligations.  The Corporation may issue its negotiable notes, bonds, and other obligations in such principal amount as the Corporation determines necessary to provide sufficient funds for the availability of loans for educational purposes.  The notes, bonds, and other obligations may be issued in taxable form or nontaxable form or both.  The taxability of one series shall not affect the taxability of any other series, nor shall the issuance of taxable obligations be deemed a waiver of the right of this State or the Corporation to issue nontaxable obligations.
    2. Repayment.  The Corporation may make payment of the principal of and interest on its notes, bonds, and other obligations and may determine the funding, refunding or renewal of the reserves and sinking funds to secure the notes, bonds, and other obligations, and all other expenditures of the Corporation incident to and necessary or convenient to carry out such corporate purpose, including costs of issuance of such debt. The Corporation may contract with any person, including the State of Vermont or the United States, or any of their agencies or instrumentalities, to guarantee all or a part of the principal of or interest on the Corporation's obligations or on the education loans made, purchased, guaranteed, or serviced by the Corporation.
    3. Power to determine nature of debt obligations.  In furtherance of its corporate purposes, with respect to the issuance of its notes, bonds, and other debt obligations, the Corporation may by resolution provide:
      1. for the pledging or granting of a security interest in all or a portion of its property and revenues, including the granting of security interests of differing priorities in education loans and the revenues associated therewith, subject to such agreements as may then exist with holders of the Corporation's notes, bonds, or other obligations;
      2. the terms upon which payments are to be made upon such notes, bonds, and other obligations by the Corporation;
      3. the form of such notes, bonds, and other obligations, which may include "book entry" if the Corporation so determines;
      4. the conditions upon which such notes, bonds, and other obligations may be transferred; and
      5. for limitations on the Corporation's issuance of additional notes, bonds, or other debt obligations, and on the expenditure of revenues related to them; and upon the refunding of its outstanding or other notes, bonds, or other obligations.
    4. Nonenumerated powers.  The Corporation has the power to exercise all or part of a combination of the powers granted in this chapter; to make covenants other than and in addition to, but not inconsistent with, the covenants expressly authorized in this section; to make such covenants and to do any and all acts and things as may be necessary or prudent to adequately secure its notes, bonds, or other obligations or, as will tend to make its notes, bonds, and other obligations more marketable notwithstanding that such covenants, acts, or things are not enumerated in this section.
    5. Any pledge made by the Corporation shall be valid and binding from the time when the pledge is made; the revenues, monies, or property so pledged and thereafter received by the Corporation shall immediately be subject to the lien of the pledge without any physical delivery of it or further act. That pledge shall be valid and binding as against all parties having claims of any kind in tort, contract, or otherwise against the Corporation, irrespective of whether those parties have notice of it.
    6. Indemnification.  Neither the members of the Board nor executive officers of the Corporation nor any other person executing the Corporation's notes, bonds, or other obligations shall be subject to any personal liability or accountability by reason of the issuance of such notes, bonds, or other obligations.
    7. Any law to the contrary notwithstanding, a bond, note, or other obligation issued under this chapter is fully negotiable for all purposes of 9A V.S.A. § 1-101 et seq., and each holder or owner of such, or of any coupon appurtenant to them, by accepting the bond or note or other obligation or coupon shall be conclusively deemed to have agreed that such instrument is fully negotiable for those purposes, and all bonds, notes, or other obligations and interest coupons appertaining to them issued by the Corporation shall have and are hereby declared to have all the qualities and incidents of investment securities under 9A V.S.A. § 1-101 et seq., but no provision of those sections respecting the filing of a financing statement to perfect a security interest shall be applicable to any pledge made or security interest created in connection with the issuance of the bonds, notes, other obligations, or coupons.
    8. The State does hereby pledge to and agree with the holders of the notes, bonds, and other obligations issued under this chapter that the State will not limit or restrict the rights hereby vested in the Corporation to perform its obligations and to fulfill the terms of any agreement made with the holders of its bonds or notes or other obligations.  Neither will the State in any way impair the rights and remedies of the holders until the notes and bonds and other obligations, together with interest on them, and interest on any unpaid installments of interest, are fully met, paid, and discharged. The Corporation is authorized to execute this pledge and agreement of the State in any agreement with the holders of the notes or bonds or other obligations.
    9. Notes, bonds, or other obligations issued under the provisions of this chapter shall not be deemed to constitute a debt or liability or obligation of the State of Vermont or of any political subdivision of it, nor shall it be deemed to constitute a pledge of the faith and credit of the State or of any political subdivision, but shall be payable solely from the revenues or assets of the Corporation pledged to support them. Each obligation issued by the Corporation shall contain on its face a statement to the effect that the Corporation shall not be obligated to pay the same nor the interest on it except from the revenues or assets pledged for those purposes and that neither the faith and credit nor the taxing power of the State of Vermont or of any political subdivision of it is pledged to the payment of the principal of or the interest on these obligations.
    10. Notwithstanding any other law, the State and all public officers, governmental units, and agencies of the State; all banks, trust companies, savings banks and institutions, building and loan associations, savings and loan associations, investment companies, and other persons carrying on a banking business; all insurance companies, insurance associations, and other persons carrying on an insurance business; all credit unions; and all executors, administrators, guardians, trustees, and other fiduciaries may legally invest any sinking funds, monies, or other funds belonging to them or within their control in any bonds or notes or other obligations issued under this chapter, and the bonds or notes or other obligations are authorized security for any and all public deposits.
    11. The Corporation is designated as the guarantor, servicer, and secondary loan market for all educational loans in this State.
    12. Notwithstanding any general or special law to the contrary, the provisions of 8 V.S.A. chapter 73 shall not apply to the Corporation or to any loan made, purchased, or guaranteed pursuant to this chapter.
    13. Interest rate exchange agreements.  The Corporation may enter into one or more agreements for the exchange of interest rates, cash flows, or payments, to reduce net borrowing costs, achieve desirable net effective interest rates in connection with its issuance and sale of debt obligations, and to provide for an efficient means of debt management.

      Added 1981, No. 174 (Adj. Sess.), § 5, eff. April 20, 1982; amended 1985, No. 24 , § 1, eff. April 26, 1985; 1989, No. 29 , § 1 eff. April 26, 1989; 1993, No. 147 (Adj. Sess.), § 7; 2019, No. 131 (Adj. Sess.), § 104.

    History

    Amendments--2019 (Adj. Sess.). Subdiv. (c)(5): Substituted "to them" for "thereto".

    Subsec. (d): Deleted "herein" preceding "expressly authorized", inserted "in this section" following "expressly authorized" and substituted "in this section" for "herein".

    Subsec. (g): Substituted "to them" for "thereto" following "appurtenant".

    Subsec. (i): Substituted "to support them" for "thereto" at the end of the first sentence.

    Subsec. ( l ): Deleted "heretofore or hereafter" following "loan".

    Amendments--1993 (Adj. Sess.). Subsec. (m): Added.

    Amendments--1989. Section amended generally.

    Amendments--1985. Section amended generally.

    Construction of 1993 (Adj. Sess.) amendment. See note set out under § 2821 of this title.

    Construction and legislative intent of 1989 amendment. 1989, No. 29 , § 2(b), eff. April 26, 1989, provided: "Neither chapter 87 of Title 16, nor this act [which amended this section], shall be construed as a restriction or a limitation upon any powers which the corporation heretofore might possess and exercise under the laws of this state; the provisions of that chapter and this act are cumulative and in addition to any such powers. This act is intended to be remedial in nature, and to enhance and add specificity to powers already possessed by the corporation. The power granted in chapter 87 of Title 16 and this act, and the exercise thereof, shall be liberally construed in order to effect the legislative purposes hereof, namely to ensure the validity and enforceability of all debt instruments issued by the corporation in reliance upon any provision of chapter 87 of Title 16 or other applicable state law."

    § 2869. Loan cancellation; mathematics, science, and computer science teachers.

    1. Loans obtained under this subchapter may be partially or completely cancelled and forgiven for a borrower who is employed for a complete academic school year as a full-time licensed teacher:
      1. in a Vermont elementary or secondary school that is approved by the State Board; and
      2. in the subject area of mathematics, science, or computer science during a year when there is a critical shortage of licensed teachers in that area.
    2. Annually, the Board of the Corporation shall determine, after consultation with the Secretary, whether a critical shortage of licensed teachers exists in each of the subject areas of mathematics, science, and computer science.
    3. The Board shall determine the amount of loan to be cancelled for each complete academic year of teaching service. The amount cancelled for each year shall not exceed 25 percent of the original principal amount plus any accrued interest.
    4. This section is subject to the availability of funds specifically appropriated for loan cancellations under this section.

      Added 1983, No. 76 , § 1; amended 1989, No. 118 , § 3; 2003, No. 86 (Adj. Sess.), § 29; 2013, No. 92 (Adj. Sess.), § 188, eff. Feb. 14, 2014.

    History

    Amendments--2013 (Adj. Sess.). Section heading: Added "; mathematics, science, and computer science teachers".

    Subdiv. (a)(1): Substituted "that" for "which" and "State Board" for "state board of education".

    Subsec. (b): Inserted "of the Corporation" and substituted "Secretary" for "commissioner".

    Subsec. (c): Deleted "so" preceding "cancelled".

    Amendments--2003 (Adj. Sess.). Subsec. (d): Added.

    Amendments--1989. Subsec. (a): Substituted "licensed" for "certified" preceding "teacher" in the introductory paragraph and preceding "teachers" in subdiv. (2).

    Subsec. (b): Substituted "licensed" for "certified" preceding "teachers".

    Subchapter 6. Part-time Student Grants.

    §§ 2871-2873. Repealed. 2003, No. 86 (Adj. Sess.), § 30.

    History

    Former §§ 2871-2873. Former §§ 2871-2873, relating to part-time student grants, were derived from 1981, No. 128 (Adj. Sess.), § 1.

    Subchapter 7. Vermont Higher Education Investment Plan

    History

    Amendments--2001. 2001, No. 58 , § 4, eff. June 16, 2001, substituted "Investment" for "Savings" in the subchapter heading.

    § 2875. Findings and intent.

    1. The general welfare and well-being of the State are directly related to the educational levels and skills of its citizens.
    2. It is the policy of the State to advance postsecondary education opportunities by using the State's limited resources in an effective, efficient, and equitable manner.
    3. Given the cost of postsecondary education to students, families, and the taxpayers of the State, it is in the public interest of the State to support supplemental means that enable its citizens to pursue their educational aspirations.
    4. It is a valid and vital public purpose to create a means of encouraging the savings and investing of funds for future postsecondary education, in compliance with the Internal Revenue Code of 1986, as amended.
    5. The implementation of the Vermont Higher Education Investment Plan as provided by this subchapter furthers this public purpose.

      Added 1997, No. 79 (Adj. Sess.), § 1, eff. July 1, 1997; amended 2001, No. 58 , § 4, eff. June 16, 2001; 2013, No. 92 (Adj. Sess.), § 189, eff. Feb. 14, 2014.

    History

    Reference in text. The Internal Revenue Code of 1986, referred to in subsec. (d), is codified as 26 U.S.C. § 1 et seq.

    Amendments--2013 (Adj. Sess.). Section amended generally.

    Amendments--2001. Subsec. (e): Substituted "investment" for "savings" following "higher education".

    § 2876. Definitions.

    As used in this subchapter, except where the context clearly requires another interpretation:

    1. "Beneficiary" means any individual designated by a participation agreement to benefit from payments for qualified postsecondary education costs.
    2. "Benefits" means the payment of qualified postsecondary education costs on behalf of a beneficiary from a participant's investment plan account.
    3. "Corporation" means Vermont Student Assistance Corporation.
    4. "Internal Revenue Code" means the federal Internal Revenue Code of 1986, as amended, together with the regulations promulgated pursuant to that Code.
    5. "Qualified postsecondary education costs" means the costs of tuition and fees for attendance at an approved postsecondary education institution, and other qualified higher education expenses as provided under 26 U.S.C. § 529.
    6. "Approved postsecondary education institution" means a postsecondary education institution as defined in section 2822 of this title.
    7. "Vermont Higher Education Investment Plan" or "Investment Plan" means one or more plans created pursuant to this subchapter.
    8. "Participant" means a person who has entered into a participation agreement pursuant to this subchapter intended for the payment of qualified postsecondary education costs on behalf of a beneficiary.
    9. "Participation agreement" means an agreement between a participant and the Corporation, pursuant to and conforming with the requirements of this subchapter.

      Added 1997, No. 79 (Adj. Sess.), § 1, eff. July 1, 1997; amended 2001, No. 58 , § 4, eff. June 16, 2001; 2019, No. 51 , § 16, eff. Jan. 1, 2019; 2019, No. 154 (Adj. Sess.), § E.605.4, eff. Oct. 2, 2020.

    History

    Reference in text. The federal Internal Revenue Code of 1986, referred to in subdiv. (4), is codified as 26 U.S.C. § 1 et seq.

    2020. During the 2019 Adjourned Session, this section was amended in conflicting ways by two different acts. Only the amendments from 2019, No. 154 (Adj. Sess.) are reflected in the text of this section, however, and not the amendments from 2019, No. 131 (Adj. Sess.), as the stated purpose of 2019, No. 131 (Adj. Sess.) was to make only technical amendments and § 303 of the act specified that, to the extent that 2019, No. 131 (Adj. Sess.) may conflict with other acts of the same biennium, "the substantive changes in other acts shall take precedence over the technical changes of this act."

    Amendments--2019 (Adj. Sess.). Subdiv. (1): Inserted "qualified" and deleted "at an institution of postsecondary education" following "cost".

    Subdiv. (2): Substituted "from a participant's investment plan account" for "by the Corporation's Investment Plan during the beneficiary's attendance at an institution of postsecondary education".

    Subdiv. (4): Substituted "pursuant to that Code" for "thereunder".

    Subdiv. (5): Rewrote the subdiv.

    Subdiv. (7): Substituted "one or more plans" for "the program".

    Subdiv. (8): Substituted "intended for the payment of qualified" for "for the advance payment of".

    Amendments--2019. Subdiv. (5): Substituted "approved postsecondary education institution" for "institution of postsecondary education, as defined in the Internal Revenue Code".

    Subdiv. (6): Amended generally.

    Amendments--2001. Subdiv. (2): Substituted "investment plan" for "savings plan".

    Subdiv. (7): Substituted "investment plan" for "savings plan" in two places.

    Retroactive effective date and applicability of 2019 amendment. 2019, No. 51 , § 41(1), provides "Notwithstanding 1 V.S.A. § 214, Secs. 4 (solar energy investment tax credit), 7 (minimum corporate income tax), 16-20 (Vermont higher education investment plan credit), and 41(1) (repeal of business solar energy tax credit) shall take effect retroactively on January 1, 2019 and apply to taxable years beginning on January 1, 2019 and thereafter."

    § 2877. Vermont Higher Education Investment Plan created.

    1. There is created a program of the State to be known as the Vermont Higher Education Investment Plan and a trust for that purpose to be administered by the Vermont Student Assistance Corporation as an instrumentality of the State. The program may consist of one or more different investment plans, including one or more plans that may be offered to a participant only with the assistance of a qualified financial advisor.
    2. In order to establish and administer the Investment Plan, the Corporation, in addition to its other powers and authority, shall have the power and authority to:
      1. Develop and implement educational programs and related informational materials for participants and their families. Special efforts shall be made to contact families with young children and to reach individuals whose access to higher education opportunities has been limited.
      2. Enter into agreements with any approved postsecondary education institution, the State, or any federal or other agency or entity as required for the operation of an Investment Plan pursuant to this subchapter.
      3. Accept any grants, gifts, legislative appropriations, and other monies from the State; any unit of federal, State, or local government; or any other person, firm, partnership, or corporation for contribution to the account of the Investment Plan, or for the operation or other related purposes of the Corporation.
      4. Invest the funds received from participants in appropriate investment vehicles approved and held in trust for participants by the Corporation as selected by the participants, including education loans made by the Corporation.
      5. Enter into participation agreements with participants.
      6. Develop and use two or more types of participation agreements to provide a range of investment options for participants.
      7. Make payments as directed by the participants pursuant to participation agreements.
      8. Make refunds to participants upon the termination of participation agreements pursuant to the provisions, limitations, and restrictions set forth in this subchapter and the rules, policies, and procedures adopted by the Corporation.
      9. Make provision for the payment of costs of administration and operation of an Investment Plan subject to the limitations on charges on participation agreements established in subdivision 2878(5) of this title.
      10. Adopt rules, policies, and procedures to implement this subchapter and take all necessary action to ensure an Investment Plan is in conformance with the Internal Revenue Code and other applicable law.
      11. Effectuate and carry out all of the powers granted by this subchapter, and have all other powers necessary to carry out and effectuate the purposes, objectives, and provisions of this subchapter pertaining to the Investment Plan Program, including the power to:
        1. carry out studies and projections in order to advise participants regarding present and estimated future postsecondary education costs and levels of financial participation in the Plan required in order to enable participants to achieve their educational funding objectives; and
        2. procure insurance, guarantees, or other protections against any loss in connection with the assets or activities of the investment plan.

          Added 1997, No. 79 (Adj. Sess.), § 1, eff. July 1, 1997; amended 2001, No. 58 , § 4, eff. June 16, 2001; 2013, No. 92 (Adj. Sess.), § 190, eff. Feb. 14, 2014; 2019, No. 154 (Adj. Sess.), § E.605.4, eff. Oct. 2, 2020.

    History

    Reference in text. The Internal Revenue Code, referred to in subdiv. (b)(10), is codified as 26 U.S.C. § 1 et seq.

    Amendments--2019 (Adj. Sess.). Subsec. (a): Inserted "and a trust for that purpose" in the first sentence and added the last sentence

    Subdiv. (b)(2): Substituted "approved" for "institution of", inserted "institution" following "education", and substituted "an" for "the" preceding "investment".

    Subdiv. (b)(3): Substituted "monies" for "moneys", substituted "contribution" for "deposit" and added ", or for the operation or other related purposes of the Constitution".

    Subdiv. (b)(4): Inserted "approved and held in trust for participants by the Corporation as selected by the participants,".

    Subdiv. (b)(6): Substituted "options for participants" for "structure".

    Subdiv. (b)(7): Substituted "as directed by the participants" for "to institutions of postsecondary education on behalf of beneficiaries".

    Subdiv. (b)(8): Substituted ", policies, and procedures" for "and regulations".

    Subdiv. (b)(9): Substituted "an" for "the".

    Subdiv. (b)(10): Substituted "policies, and procedures" for "and regulations" and inserted "and take all necessary action to ensure an Investment Plan is".

    Amendments--2013 (Adj. Sess.). Subsec. (a): Amended generally.

    Amendments--2001. Section amended generally.

    § 2878. Participation agreements for Investment Plan.

    The Corporation shall have the authority to enter into Investment Plan participation agreements with participants pursuant to the provisions of this subchapter, including the following terms and agreements:

    1. A participation agreement shall stipulate the terms and conditions of the Investment Plan to which the participant makes contributions.
    2. A participation agreement shall clearly specify the method for calculating the return on the various investment options available and shall reference the relevant expenses and other pertinent information about the account.
    3. The execution of a participation agreement by the Corporation shall not guarantee in any way that postsecondary education costs will be equal to projections and estimates provided by the Corporation or that the beneficiary named in any participation agreement will be admitted to an institution of postsecondary education.
    4. A participation agreement shall clearly and prominently disclose to participants the risks associated with the various investment options available under the applicable Investment Plan.
    5. Participation agreements shall be organized and presented in a way and with language that is easily understandable by the general public. A participation agreement shall clearly and prominently disclose to participants that the Corporation, the State, and any other governmental entity are not liable for, nor guarantee the return of or on the participant's contributions to an Investment Plan. A participation agreement shall also clearly and prominently disclose to participants the existence of any load charge or similar charge assessed against the accounts of the participants for administration, operation, or services. No fee or similar charge may be imposed with regard to an investment managed by the Corporation. Any fee, load, or similar charge with regard to any investment not managed by the Corporation shall be no greater than the cost determined by the Corporation to be required to administer the investment. The cost of originating and servicing any education loans made or acquired pursuant to participation agreements shall not be considered as load charges or similar charges.
    6. Any investment advisory or management contract used with respect to a participation agreement shall be competitively bid pursuant to guidelines established by the Secretary of Administration.

      Added 1997, No. 79 (Adj. Sess.), § 1, eff. July 1, 1997; amended 2001, No. 58 , § 4, eff. June 16, 2001; 2019, No. 154 (Adj. Sess.), § E.605.4, eff. Oct. 2, 2020.

    History

    Amendments--2019 (Adj. Sess.). Intro paragraph: Deleted "on behalf of beneficiaries" following "participants".

    Subdiv. (1): Substituted "to" for "in" and "contributions" for "deposits".

    Subdiv. (2): Inserted "clearly" and substituted "various investment options available and shall reference the relevant expenses and other pertinent information about the account" for "deposit made by the participant, which may be a variable or adjustable rate of return".

    Subdiv. (4): Substituted "the various investment options available under the applicable Investment Plan" for "depositing monies with the Corporation".

    Subdiv. (5): Added the second sentence, inserted "also" in the third sentence, and inserted "the cost determined by the Corporation to be" in the next to last sentence.

    Amendments--2001. Substituted "investment plan" for "savings plan" in the section heading, in the introductory paragraph, and in subdiv. (1).

    § 2878a. Participation agreements for Investment Plan; Vermont Matched Savings Program.

    The Corporation may participate in the Vermont Matched Savings Program established under 33 V.S.A. § 1123 , in accordance with the rules of the Agency of Human Services adopted thereunder, in connection with an individual or family who, at the time of contributing funds into an account created pursuant to a Vermont Higher Education Investment Plan, receives public assistance or is otherwise an eligible saver under 33 V.S.A. § 1123 .

    Added 1999, No. 147 (Adj. Sess.), § 1a; amended 2001, No. 58 , § 4, eff. June 16, 2001; 2019, No. 154 (Adj. Sess.), §§ E.323, E.605.4, eff. Oct. 2, 2020.

    History

    Reference in text. References in the section heading and text to the program established in 33 V.S.A. § 1123 should be to "Individual Development Savings Accounts" and the "Individual Development Savings Program".

    Amendments--2019 (Adj. Sess.). Act No. 154, § E.323 substituted "Vermont Matched Savings Program" for "Individual Development Investment Accounts" in the section heading and following "participate in the" in the section text.

    Act No. 154, § E.605.4 substituted "contributing" for "depositing" following "at the time".

    Amendments--2001. Substituted "investment" for "savings" in the section heading and wherever it appeared in the section.

    § 2879. Investment and payments.

    All money paid by a participant in connection with a participation agreement shall be credited to the participant's account as received, held by the Corporation in trust for the benefit of the participant, and shall be promptly invested by the Corporation as selected by the participant from the investment options available under the participation agreement. Contributions and earnings accumulated in a participant's Investment Plan account may be used as provided in the participation agreement, including for payments of qualified postsecondary education costs. The trust shall continue in existence as long as it holds any funds belonging to a participant.

    Added 1997, No. 79 (Adj. Sess.), § 1, eff. July 1, 1997; amended 2001, No. 58 , § 4, eff. June 16, 2001; 2019, No. 154 (Adj. Sess.), § E.605.4, eff. Oct. 2, 2020.

    History

    Amendments--2019 (Adj. Sess.). Rewrote the section.

    Amendments--2001. Substituted "investment plan" for "savings plan" and "postsecondary" for "post-secondary" in the second sentence.

    § 2879a. Cancellation of participation agreements.

    1. Any participant may cancel a participation agreement at will, and any return of funds from the participant's account shall be subject to terms and conditions established by the Corporation, provided that any penalties levied as a result comply with the provisions of the Internal Revenue Code or Title 32 relating to Investment Plans.
    2. The Corporation may provide by rule that no termination penalty shall apply in certain circumstances.

      Added 1997, No. 79 (Adj. Sess.), § 1, eff. July 1, 1997; amended 2001, No. 58 , § 4, eff. June 16, 2001; 2019, No. 51 , § 17, eff. Jan. 1, 2019.

    History

    Reference in text. The Internal Revenue Code, referred to in this section, is codified as 26 U.S.C. § 1 et seq.

    Amendments--2019. Subsec. (a): Deleted "Internal Revenue Code's" following "comply with the" and inserted "of the Internal Revenue Code or Title 32" following "provisions".

    Amendments--2001. Subsec. (a): Substituted "investment plans" for "savings plans".

    Retroactive effective date and applicability of 2019 amendment. 2019, No. 51 , § 41(1), provides "Notwithstanding 1 V.S.A. § 214, Secs. 4 (solar energy investment tax credit), 7 (minimum corporate income tax), 16-20 (Vermont higher education investment plan credit), and 41(1) (repeal of business solar energy tax credit) shall take effect retroactively on January 1, 2019 and apply to taxable years beginning on January 1, 2019 and thereafter."

    § 2879b. Effect of payments in computation and determination of financial aid need.

    Amounts available for the payment of postsecondary education costs pursuant to the Investment Plan shall be considered family assets of the beneficiary in determining need and eligibility for student aid as determined by applicable law.

    Added 1997, No. 79 (Adj. Sess.), § 1, eff. July 1, 1997; amended 2001, No. 58 , § 4, eff. June 16, 2001.

    History

    Amendments--2001. Substituted "postsecondary education" for "post-secondary education" and "investment plan" for "savings plan".

    § 2879c. Tax exemption.

    1. The assets of the Vermont Higher Education Investment Plan held by the Corporation and the assets of any similar plan qualified under Section 529 of the Internal Revenue Code and any income from them shall be exempt from all taxation by the State or any of its political subdivisions. Income earned or received from the Fund by any participant or beneficiary shall not be subject to State income tax and shall be eligible for any benefits provided in accordance with the Investment Plan provisions of the Internal Revenue Code. The exemption from taxation under this section shall apply only to assets and income maintained, accrued, or expended pursuant to the requirements of the Vermont Higher Education Investment Plan, the provisions of this subchapter, and the applicable provisions of the Internal Revenue Code. No exemption shall apply to assets and income expended for any other purposes.
    2. Contributions to an account held under a Vermont Higher Education Investment Plan that is provided directly by the Corporation to a participant shall be eligible for a credit against Vermont income tax as provided under 32 V.S.A. § 5825a .

      Added 1997, No. 79 (Adj. Sess.), § 1, eff. Jan. 1, 1999; amended 2001, No. 58 , § 4, eff. June 16, 2001; 2003, No. 65 , § 1; 2019, No. 131 (Adj. Sess.), § 106; 2019, No. 154 (Adj. Sess.), § E.605.4, eff. Oct. 2, 2020.

    History

    Reference in text. Section 529 of the Internal Revenue Code, referred to in this section, is codified as 26 U.S.C. § 529.

    Amendments--2019 (Adj. Sess.). Subsec. (a): Act No. 131 substituted "from them" for "therefrom" in the first sentence.

    Subsec. (b): Act No. 154 substituted "the" for "a" preceding "Vermont" and inserted "that is provided directly by the Corporation to a participant".

    Amendments--2003. Redesignated former undesignated paragraph as present subsec. (a).

    Subsec. (b): Added.

    Amendments--2001. Substituted "investment plan" for "savings plan" throughout the section.

    Effective date and applicability. 1997, No. 79 (Adj. Sess.), § 4, eff. July 1, 1997, provided in part: "That part of Sec. 1 of this act adding § 2879c (Tax Exemption) to the extent that it affects taxation of income earned or received by participants or beneficiaries, and Sec. 2 of this act [which amended 32 V.S.A. § 5823] shall take effect for taxable years beginning on and after January 1, 1999, and shall terminate on the effective date of any enactment by Congress which exempts income earned or received from the Vermont higher education savings plan from federal taxation under the Internal Revenue Code."

    § 2879d. Property rights to assets in the Plan.

    The assets of the Vermont Higher Education Investment Plan shall at all times be held in trust for the benefit of the participant, shall not be commingled with any other funds of the Corporation or the State, shall be preserved, invested, and expended solely and only for the purposes set forth in this chapter and in accordance with the participation agreements, and no property rights in them shall exist in favor of the Corporation or the State. Amounts held in, or withdrawn from, a participant's Investment Plan account under a participation agreement shall not be subject to liens, attachment, garnishment, levy, seizure, claim by creditors of the contributors, participants, or any beneficiary, or subject to any involuntary sale, transfer, or assignment by any execution or any other legal or equitable operation of law, including bankruptcy or insolvency laws.

    Added 1997, No. 79 (Adj. Sess.), § 1, eff. July 1, 1997; amended 2001, No. 58 , § 4, eff. June 16, 2001; 2019, No. 154 (Adj. Sess.), § E.605.4, eff. Oct. 2, 2020.

    History

    2020. During the 2019 Adjourned Session, this section was amended in conflicting ways by two different acts. Only the amendments from 2019, No. 154 (Adj. Sess.) are reflected in the text of this section, however, and not the amendments from 2019, No. 131 (Adj. Sess.), as the stated purpose of 2019, No. 131 (Adj. Sess.) was to make only technical amendments and § 303 of the act specified that, to the extent that 2019, No. 131 (Adj. Sess.) may conflict with other acts of the same biennium, "the substantive changes in other acts shall take precedence over the technical changes of this act."

    Amendments--2019 (Adj. Sess.). Rewrote the section.

    Amendments--2001. Substituted "investment plan" for "savings plan".

    § 2879e. Construction and application.

    This subchapter shall be construed liberally in order to effectuate its legislative intent. The purposes of this subchapter and all provisions of this subchapter with respect to powers granted shall be broadly interpreted to effectuate such intent and purposes and not as to any limitation of powers. This subchapter shall be interpreted and enforced in a manner that shall achieve this public purpose in compliance with the applicable provisions of the Internal Revenue Code, except to the extent the Code is inconsistent with the provisions of 32 V.S.A. § 5825a .

    Added 1997, No. 79 (Adj. Sess.), § 1, eff. July 1, 1997; amended 2019, No. 51 , § 18, eff. Jan. 1, 2019.

    History

    Reference in text. The Internal Revenue Code is codified as 26 U.S.C. § 1 et seq.

    Amendments--2019. Added "except to the extent the Code is inconsistent with the provisions of 32 V.S.A. § 5825a" at the end of the third sentence.

    Retroactive effective date and applicability of 2019 amendment. 2019, No. 51 , § 41(1), provides "Notwithstanding 1 V.S.A. § 214, Secs. 4 (solar energy investment tax credit), 7 (minimum corporate income tax), 16-20 (Vermont higher education investment plan credit), and 41(1) (repeal of business solar energy tax credit) shall take effect retroactively on January 1, 2019 and apply to taxable years beginning on January 1, 2019 and thereafter."

    § 2879f. Annual reports.

    The Corporation shall review, on an annual basis, the financial status of the Program and the participation rate in the Program. The Corporation shall also review the continued viability of the Program and the administration of the Program by the Corporation.

    Added 1997, No. 79 (Adj. Sess.), § 1, eff. July 1, 1997; amended 2009, No. 33 , § 38.

    History

    Amendments--2009. Deleted the last sentence.

    Subchapter 8. Vermont Universal Children's Higher Education Savings Account Program

    § 2880. Definitions.

    As used in this subchapter:

    1. "Approved postsecondary education institution" means any institution of postsecondary education that is:
      1. certified by the State Board of Education as provided in section 176 or 176a of this title;
      2. accredited by an accrediting agency approved by the U.S. Secretary of Education pursuant to the Higher Education Act;
      3. a non-U.S. institution approved by the U.S. Secretary of Education as eligible for use of education loans made under Title IV of the Higher Education Act; or
      4. a non-U.S. institution designated by the Corporation as eligible for use of its grant awards.
    2. "Committee" means the Vermont Universal Children's Higher Education Savings Account Program Fund Advisory Committee.
    3. "Corporation" means Vermont Student Assistance Corporation.
    4. "Eligible child" means a minor who is a Vermont resident at the time the Corporation deposits or allocates funds pursuant to this subchapter for his or her benefit.
    5. "Postsecondary education costs" means the qualified costs of tuition, fees, and other expenses for attendance at an institution of postsecondary education, as defined in the Internal Revenue Code of 1986, as amended, together with the regulations promulgated under that Code.
    6. "Program" means the Vermont Universal Children's Higher Education Savings Account Program.
    7. "Program beneficiary" means an individual who is or who was at one time an eligible child for whom the Corporation deposited or allocated funds pursuant to this subchapter and who has not yet attained 29 years of age or, for national service program participants, the extended maturity date.
    8. "Program Fund" means the Vermont Universal Children's Higher Education Savings Account Program Fund.
    9. "Vermont Higher Education Investment Plan" or "Investment Plan" means the plan created pursuant to subchapter 7 of this chapter.
    10. "Vermont resident" means an individual who is domiciled in Vermont as evidenced by the individual's intent to maintain a principal dwelling place in Vermont indefinitely and to return there if temporarily absent, coupled with an act or acts consistent with that intent. A minor is a Vermont resident if his or her parent or legal guardian is a Vermont resident, unless a parent or legal guardian with sole legal and physical parental rights and responsibilities lives outside the State of Vermont.

      Added 2015, No. 45 , § 2; amended 2019, No. 131 (Adj. Sess.), § 108.

    History

    Reference in text. The Internal Revenue Code of 1986, referred to in subdiv. (5), is codified as 26 U.S.C. § 1 et seq.

    Amendments--2019 (Adj. Sess.). Subdiv. (5): Substituted "under that Code" for "thereunder".

    § 2880a. Vermont Universal Children's Higher Education Savings Account Program established; powers and duties of the Vermont Student Assistance Corporation.

    1. It is the policy of the State to expand educational opportunity for all children. Consistent with this policy, the Vermont Student Assistance Corporation shall partner with one or more foundations or other philanthropies to establish and fund the Vermont Universal Children's Higher Education Savings Account Program to expand educational opportunity and financial capability for Vermont children and their families.
    2. Pursuant to this subchapter, the Corporation shall establish and administer the Program, which shall include the Vermont Universal Children's Higher Education Savings Account Program Fund and financial education for Program beneficiaries and their families and legal guardians. The Corporation, in addition to its other powers and authority, shall have the power and authority to adopt rules, policies, and procedures, including those pertaining to residency in the State, to implement this subchapter in conformance with federal and State law.
    3. The Vermont Departments of Health and of Taxes and the Vermont Agencies of Education and of Human Services shall enter into agreements with the Corporation to enable the exchange of such information as may be necessary for the efficient administration of the Program.
    4. The Corporation's obligations under this subchapter are limited to funds deposited in the Program Fund specifically for the purpose of the Program.
    5. The Corporation shall annually on or before January 15 release a written report with a detailed description of the status and operation of the Program and management of accounts.

      Added 2015, No. 45 , § 2.

    § 2880b. Vermont Universal Children's Higher Education Savings Account Program Fund.

    1. The Vermont Universal Children's Higher Education Savings Account Program Fund is established as a fund to be held, directed, and administered by the Corporation. The Corporation shall invest and reinvest, or cause to be invested and reinvested, funds in the Program Fund for the benefit of the Program.
    2. The following sources of funds shall be deposited into the Program Fund:
      1. any grants, gifts, and other funds intended for deposit into the Program Fund from any individual or private or public entity, provided that contributions may be limited in application to specified age cohorts of beneficiaries; and
      2. all interest, dividends, and other pecuniary gains from investment of funds in the Program Fund.
    3. Funds in the Program Fund shall be used solely to carry out the purposes and provisions of this subchapter, including payment by the Corporation of the administrative costs of the Program and the Program Fund and of the costs associated with providing financial education to benefit Program beneficiaries and their parents and legal guardians. Funds in the Program Fund may not be transferred or used by the Corporation or the State for any purposes other than the purposes of the Program.

      Added 2015, No. 45 , § 2.

    § 2880c. Initial deposits to the Program Fund.

    1. Each year, the Corporation shall deposit $250.00 into the Program Fund for each eligible child born that year, beginning on or after January 1, 2016.
    2. In addition, if the eligible child has a family income of less than 250 percent of the federal poverty level at the time the deposit under subsection (a) of this section is made, the Corporation shall make an additional deposit into the Program Fund for the child that is equal to the deposit made under subsection (a).
    3. Notwithstanding subsections (a) and (b) of this section, if the available funds in a given calendar year are insufficient to provide for the maximum deposits under this section, the Corporation shall prorate the deposits accordingly.

      Added 2015, No. 45 , § 2.

    § 2880d. Vermont Higher Education Investment Plan accounts; matching allocations for families with limited income.

    1. The Corporation shall invite the parents or legal guardians of each Program beneficiary to open a Vermont Higher Education Investment Plan account on the beneficiary's behalf.
    2. The beneficiary, his or her parents or legal guardians, other individuals, and private and public entities may make additional deposits into a beneficiary's Investment Plan account.
    3. Annually, the Corporation shall deposit into the Program Fund a matching allocation of up to $250.00 per eligible child on a dollar-to-dollar basis for contributions made that year to a single Investment Plan account established for the child under this section, provided that at the time of deposit, the eligible child has a family income of less than 250 percent of the federal poverty level.
    4. Notwithstanding subsection (c) of this section, if the available funds in a given calendar year are insufficient to provide for the maximum allocation amounts under this subsection, the Corporation shall prorate the allocations accordingly.

      Added 2015, No. 45 , § 2.

    § 2880e. Withdrawal of Program funds.

    1. Subject to the provisions of this section, the Investment Plan requirements under subchapter 7 of this chapter, and the rules, policies, and procedures adopted by the Corporation, a Program beneficiary shall be entitled to Program funds deposited or allocated by the Corporation for his or her benefit if:
      1. the beneficiary has attained 18 years of age or has enrolled full-time in an approved postsecondary education institution;
      2. the Corporation has sufficient proof that the beneficiary was an eligible child at the time the deposit or allocation was made;
      3. the funds are used for postsecondary education costs and made payable to an approved postsecondary education institution on behalf of the beneficiary; and
      4. the withdrawal is made prior to the beneficiary's attaining 29 years of age, provided that for a beneficiary who serves in a national service program, including in the U.S. Armed Forces, AmeriCorps, or the Peace Corps, each month of service shall increase the maturity date by one month.
    2. If a Program beneficiary does not use all of the funds deposited or allocated by the Corporation for his or her use prior to the maturity date, the beneficiary shall no longer be permitted to use these funds and the Corporation shall unallocate the unused funds from the beneficiary within the Program Fund.
    3. This section shall not apply to withdrawal of funds that are contributed to an Investment Plan account opened for the benefit of the account's beneficiary under subsections 2880d(a) and (b) of this title and that are not Program funds deposited or allocated by the Corporation.

      Added 2015, No. 45 , § 2.

    § 2880f. Rights of beneficiaries and their families.

    1. A parent or legal guardian shall be allowed to opt out of the Program on behalf of his or her child.
    2. An individual otherwise eligible for any benefit program for elders, persons who are disabled, families, or children shall not be subject to any State resource limit based on funds deposited, allocated, or contributed on behalf of an eligible child or Program beneficiary to the Program Fund or an Investment Plan.

      Added 2015, No. 45 , § 2.

    § 2880g. Financial literacy programs.

    State agencies and offices, including the Agencies of Education and of Human Services and the Office of the State Treasurer, in collaboration with existing statewide community partners and nonprofit partners that specialize in financial education delivery and have developed an available infrastructure to support financial education across multiple sectors, shall develop and support programs to encourage the financial literacy of Program beneficiaries and their families and legal guardians throughout the duration of the Program via mail, mass media, and in-person delivery methods.

    Added 2015, No. 45 , § 2.

    § 2880h. Program Fund Advisory Committee.

    1. There is created a Vermont Universal Children's Higher Education Savings Account Program Fund Advisory Committee to identify and solicit public and private funds for the Program and to advise the Corporation on disbursement of funds.
    2. The Committee shall be composed of the following 11 members:
      1. the Governor or designee, ex officio;
      2. the President of the Corporation or designee, ex officio;
      3. two representatives of the Vermont philanthropy community, appointed by the Governor;
      4. two representatives of the Vermont business community, appointed by the Governor;
      5. two members from Vermont advocacy organizations representing individuals and families with limited income, appointed by the Governor; and
      6. three members selected by the Committee.
    3. Non-ex-officio members shall serve four-year terms, appointed and selected in such a manner that no more than three terms shall expire annually.

      Added 2015, No. 45 , § 2.

    CHAPTER 89. POSTSECONDARY REVIEW ENTITY

    Sec.

    Cross References

    Cross references. Student assistance corporation, see chapter 87 of this title.

    § 2881. Vermont Higher Education Council; designation.

    The Vermont Higher Education Council is hereby designated as the Vermont state postsecondary review entity for the purpose of reviewing all institutions of higher education that are eligible or which desire to become eligible for funding under 42 U.S.C. Chapter 34, Subchapter I, Part C (work study programs) or 20 U.S.C. Chapter 28, Subchapter IV (student assistance).

    Added 1993, No. 144 (Adj. Sess.), § 1.

    History

    Reference in text. 42 U.S.C. Chapter 34, Subchapter I, Part C (work study programs), referred to in this section, was transferred to 20 U.S.C. §§ 1087-51 through 1087-58 and the reference to 20 U.S.C. Chapter 28, Subchapter IV (student assistance), is now codified as 20 U.S.C. §§ 1001-1161aa-1 and no longer carries Subchapters or Parts.

    § 2882. Vermont state postsecondary review entity; powers and duties.

    1. The Vermont state postsecondary review entity shall review institutions of higher education in accordance with standards established in 20 U.S.C. § 1099a -3 and with standards established by the Vermont state postsecondary review entity with the agreement of the federal Department of Education.
    2. The Vermont state postsecondary review entity may enter into agreements with the Secretary of the Federal Department of Education pursuant to 20 U.S.C. Chapter 28, Subchapter IV, Part G.

      Added 1993, No. 144 (Adj. Sess.), § 1.

    History

    Reference in text. 20 U.S.C. § 1099a-3, referred to in subsec. (a), was omitted in the general amendment of Subpart 1 of Part H of Title IV of Act No. 8, 1965, P.L. 89-329, by Act Oct. 7, 1998. For present provisions pertaining to functions of State review entities, see 20 U.S.C. § 1099c-1.

    20 U.S.C. Chapter 28, Subchapter IV, Part G, referred to in this subsec. (b), is now codified as 20 U.S.C. Chapter 28 ( §§ 1001-1161aa-1) as this chapter no longer carries Subchapters or Parts.

    CHAPTER 90. FUNDING OF POSTSECONDARY EDUCATION

    Sec.

    History

    Amendments--2013 (Adj. Sess.). Act No. 199 (Adj. Sess.), § 46, substituted "Education" for "Institutions" in the chapter heading.

    § 2885. Vermont Higher Education Endowment Trust Fund.

    1. A Vermont Higher Education Endowment Trust Fund is established in the Office of the State Treasurer to comprise the following:
      1. appropriations made by the General Assembly;
      2. in any fiscal year in which a General Fund surplus exists and the General Fund  Stabilization Reserve is funded to its required statutory level, funds raised by the estate tax levied under 32 V.S.A. chapter 190 that are more than 125 percent of the amount projected by the Emergency Board in the July annual forecast made pursuant to 32 V.S.A. § 305a ; and
      3. contributions from any other sources.
    2. The State Treasurer may invest the monies in the Fund.
    3. In August of each fiscal year, beginning in the year 2000, the State Treasurer shall withdraw and divide an amount equal to five percent of the assets equally among the University of Vermont, the Vermont State Colleges, and the Vermont Student Assistance Corporation. In this subsection, "assets" means the average of the Fund's market values at the end of each quarter for the most recent 12 quarters, or all quarters of operation, whichever is less. Therefore, up to five percent of the Fund assets are hereby annually allocated pursuant to this section, provided that the amount allocated shall not exceed an amount that would bring the Fund balance below the initial funding made in fiscal year 2000 plus any additional contributions to the principal. The University of Vermont and the Vermont State Colleges shall use the funds to provide nonloan financial aid to Vermont students attending their institutions; the Vermont Student Assistance Corporation shall use the funds to provide nonloan financial aid to Vermont students attending a Vermont postsecondary institution.
      1. During the first quarter of each fiscal year, the Secretary of Administration or the Secretary's designee and the individuals identified in subsection 2905(d) of this title may authorize the State Treasurer to make an amount equal to no more than two percent of the assets available, in equal amounts, to the University of Vermont and the Vermont State Colleges for the purpose of creating or increasing a permanent endowment. (d) (1)  During the first quarter of each fiscal year, the Secretary of Administration or the Secretary's designee and the individuals identified in subsection 2905(d) of this title may authorize the State Treasurer to make an amount equal to no more than two percent of the assets available, in equal amounts, to the University of Vermont and the Vermont State Colleges for the purpose of creating or increasing a permanent endowment.
      2. In this subsection, "assets" means the average of the Fund's market values at the end of each quarter for the most recent 12 quarters, or all quarters of operation, whichever is less. Up to two percent of the Fund assets are hereby annually allocated pursuant to this section, provided that the amount allocated shall not exceed an amount that would bring the Fund balance below the initial funding made in fiscal year 2000 plus any additional contributions to the principal. One-half of the amount allocated shall be available to the University of Vermont and one-half shall be available to the Vermont State Colleges. The University of Vermont and the Vermont State Colleges may withdraw funds upon certification by the withdrawing institution to the Commissioner of Finance and Management that it has received private donations that are double the amount it plans to withdraw.
    4. Annually, by September 30, the Treasurer shall render a financial report on the receipts, disbursements, and earnings of the Fund for the preceding fiscal year to the Secretary of Administration and the individuals identified in subsection 2905(d) of this title.
    5. All balances in the Fund at the end of any fiscal year shall be carried forward and used only for the purposes set forth in this section. Earnings of the Fund that are not withdrawn pursuant to this section shall remain in the Fund.
    6. The University of Vermont, the Vermont State Colleges, and the Vermont Student Assistance Corporation shall review expenditures made from the Fund and evaluate the impact of the expenditures on higher education in Vermont, and report this information to the House and Senate Committees on Education each year in January.

      Added 1999, No. 27 , § 1; amended 2001, No. 58 , § 1; 2003, No. 122 (Adj. Sess.), § 294d; 2005, No. 71 , § 273; 2009, No. 133 (Adj. Sess.), § 3; 2011, No. 139 (Adj. Sess.), § 15, eff. May 14, 2012; 2013, No. 92 (Adj. Sess.), § 191, eff. Feb. 14, 2014.

    History

    2014. Substituted "comprise" for "be comprised of" in subsec. (a) for grammatical accuracy.

    Amendments--2013 (Adj. Sess.). Subsec. (d): Amended generally.

    Subsec. (e): Substituted "Treasurer" for "state treasurer" and "Secretary of Administration and the individuals identified in subsection 2905(d) of this title" for "secretary of administration or the secretary's designee and the higher education subcommittee".

    Amendments--2011 (Adj. Sess.). Subsec. (g): Substituted "made from the fund and evaluate" for "made from the fund, evaluate" and "information to the house and senate committees on education" for "information to the state treasurer".

    Amendments--2009 (Adj. Sess.) Subsec. (d): Substituted "secretary of administration or the secretary's designee and the higher education subcommittee of the prekindergarten-16 council created in section 2905 of this title" for "beginning in the year 2000, the commission on higher education funding" in the first sentence.

    Subsec. (e): Substituted "secretary of administration or the secretary's designee and the higher education subcommittee" for "commission on higher education funding".

    Subsec. (g): Added.

    Amendments--2005 Subsec. (c): Inserted "fiscal" preceding "year" and made a minor change in punctuation in the first sentence, and substituted "allocated" for "appropriated" in two places, and "funding" for "appropriation" following "initial" in the third sentence.

    Subsec. (d): Substituted "During the first quarter of each fiscal year" for "In August of each year" in the first sentence, and "allocated" for "appropriated" in two places in the third sentence and preceding "shall be" in the fourth sentence, and "funding" for "appropriation" following "initial" in the third sentence.

    Amendments--2003 (Adj. Sess.). Subsec. (e): Inserted ", by September 30" following "Annually" and "for the preceding fiscal year" following "fund".

    Amendments--2001. Subsec. (c): Amended generally.

    Subsec. (d): Amended generally.

    Next Generation scholarships 2009, No. 2 (Sp. Sess.), § 25 provides: "In addition to other Next Generation appropriations, notwithstanding the provisions of section 2885(a)(2) of Title 16, the first $1.5 million of funds raised by the estate tax levied under chapter 190 of Title 32 shall be deposited into the general fund, in lieu of the higher education endowment trust fund, for higher education scholarships consistent with Sec. 5.801(a)(3)(B) of No. 192 of the Acts of 2008, as follows:

    "(a) $500,000 to the University of Vermont;

    "(b) $500,000 to the Vermont State Colleges; and

    "(c) $500,000 to the Vermont Student Assistance Corporation."

    § 2886. Repealed. 2009, No. 133 (Adj. Sess.), § 4.

    History

    Former § 2886. Former § 2886, relating to Commission on Higher Education funding, was derived from 1999, No. 27 , § 1 and amended by 2001, No. 58 , § 2.

    § 2887. The Next Generation Initiative Fund.

    1. A Next Generation Initiative Fund is established in the Office of the State Treasurer to comprise appropriations made by the General Assembly and grants, donations, or contributions from any other sources. The Fund shall be administered pursuant to 32 V.S.A. chapter 7, subchapter 5, except that interest earned on the Fund and any remaining balance shall be retained in the Fund.
    2. Annually, the General Assembly shall appropriate monies in the Next Generation Initiative Fund for programs that encourage Vermonters to live and work in Vermont.
    3. [Repealed.]

      Added 2005, No. 204 (Adj. Sess.), § 2, eff. May 31, 2006; amended 2009, No. 3 (Sp. Sess.), § 11b, eff. June 10, 2009; 2011, No. 162 (Adj. Sess.), § E.400.

    History

    2014. Substituted "comprise" for "be comprised of" for grammatical accuracy.

    Amendments--2011 (Adj. Sess.). Subsec. (c): Repealed.

    Amendments--2009 (Sp. Sess.). Added subsec. (c).

    Next Generation scholarships 2009, No. 2 (Sp. Sess.), § 25 provides: "In addition to other Next Generation appropriations, notwithstanding the provisions of section 2885(a)(2) of Title 16, the first $1.5 million of funds raised by the estate tax levied under chapter 190 of Title 32 shall be deposited into the general fund, in lieu of the higher education endowment trust fund, for higher education scholarships consistent with Sec. 5.801(a)(3)(B) of No. 192 of the Acts of 2008, as follows:

    "(a) $500,000 to the University of Vermont;

    "(b) $500,000 to the Vermont State Colleges; and

    "(c) $500,000 to the Vermont Student Assistance Corporation."

    § 2888. Vermont Strong Scholars Initiative.

    1. Creation.
      1. There is created a postsecondary loan forgiveness initiative designed to forgive a portion of Vermont Student Assistance Corporation loans of students employed in occupations identified as important to Vermont's economy and to build opportunities for students to gain work experience with Vermont employers.
      2. The initiative shall be known as the Vermont Strong Scholars Initiative and is designed to:
        1. encourage students to:
          1. consider occupations that are critical to the Vermont economy;
          2. enroll and remain enrolled in a Vermont postsecondary institution; and
          3. live and work in Vermont upon graduation;
        2. reduce student loan debt for postsecondary degrees involving a course of study related to, and resulting in, employment in target occupations; and
        3. support a steady stream of qualified talent for Vermont's employers.
    2. Vermont Strong Loan Forgiveness Program.
      1. Occupations; projections.
        1. Annually, on or before November 15, the Secretary of Commerce and Community Development and the Commissioner of Labor, in consultation with the Vermont State Colleges, the University of Vermont, the Association of Vermont Independent Colleges, the Vermont Student Assistance Corporation, the Secretary of Human Services, and the Secretary of Education, shall identify occupations, projecting at least four years into the future, that are or will be critical to the Vermont economy.
        2. [Repealed.]
      2. Eligibility.  A graduate of a public or private Vermont postsecondary institution shall be eligible for forgiveness of a portion of his or her Vermont Student Assistance Corporation postsecondary education loans under this section if he or she:
        1. was a Vermont resident, as defined in subdivision 2822(7) of this title, at the time he or she was graduated;
        2. enrolled in his or her first year of study at a postsecondary institution on or after July 1, 2015 and completed an associate's degree within three years, or a bachelor's degree within six years of his or her enrollment date;
        3. becomes employed on a full-time basis in Vermont within 12 months of graduation in an occupation identified by the Secretary and Commissioner under subdivision (1) of this subsection;
        4. remains employed on a full-time basis in Vermont throughout the period of loan forgiveness in an occupation identified by the Secretary and Commissioner under subdivision (1) of this subsection; and
        5. remains a Vermont resident throughout the period of loan forgiveness.
      3. Loan forgiveness.  An eligible individual shall have a portion of his or her Vermont Student Assistance Corporation loan forgiven as follows:
        1. for an individual awarded an associate's degree, in an amount equal to the comprehensive in-state tuition rate for 15 credits at the Vermont State Colleges during the individual's final semester of enrollment, to be prorated over the three years following graduation;
        2. for an individual awarded a bachelor's degree, in an amount equal to the comprehensive in-state tuition rate for 30 credits at the Vermont State Colleges during the individual's final year of enrollment, to be prorated over the five years following graduation;
        3. loan forgiveness may be awarded on a prorated basis to an otherwise eligible Vermont resident who transfers to a Vermont postsecondary institution and graduates after July 1, 2017, with an associate's degree or after July 1, 2019, with a bachelor's degree.
      4. Management.
        1. The Secretary of Commerce and Community Development shall develop all organizational details of the Loan Forgiveness Program consistent with the purposes and requirements of this section.
        2. The Secretary shall enter into a memorandum of understanding with the Vermont Student Assistance Corporation for management of the Loan Forgiveness Program.
        3. The Secretary may adopt rules pursuant to 3 V.S.A. chapter 25 necessary to implement the Program.
    3. [Repealed.]
    4. Funding.
      1. Loan forgiveness; State funding.
        1. There is created a special fund to be known as the Vermont Strong Scholars Fund pursuant to 32 V.S.A. chapter 7, subchapter 5, which shall be used and administered by the Secretary of Commerce and Community Development solely for the purposes of loan forgiveness pursuant to this section.
        2. The Fund shall consist of sums to be identified by the Secretary from any source accepted for the benefit of the Fund and interest earned from the investment of Fund balances.
        3. Any interest earned and any remaining balance at the end of the fiscal year shall be carried forward in the Fund.
        4. The availability and payment of loan forgiveness awards under this chapter is subject to State funding available for the awards.
      2. Loan forgiveness; Vermont Student Assistance Corporation.  The Vermont Student Assistance Corporation shall have the authority to grant loan forgiveness pursuant to this section by using the private loan forgiveness capacity associated with bonds issued by the Corporation to raise funds for private loans that are eligible for forgiveness under this section, if available.

        Added 2013, No. 199 (Adj. Sess.), § 47; amended 2015, No. 51 , § C.2, eff. June 3, 2015; 2017, No. 154 (Adj. Sess.), § 2, eff. May 21, 2018.

    History

    Amendments--2017 (Adj. Sess.). Subdiv. (b)(1)(B): Repealed.

    Amendments--2015. Deleted "and internship" following "scholars" in the section heading, and rewrote subsecs. (a), (b) and (d).

    PART 5 Comprehensive System of Education Services for All Children

    History

    Amendments--1995 (Adj. Sess.) 1995, No. 157 (Adj. Sess.), § 7, rewrote the part heading.

    Amendments--1989 (Adj. Sess.). 1989, No. 230 (Adj. Sess.), § 1, rewrote the part heading.

    CHAPTER 99. GENERAL POLICY

    Sec.

    History

    One hundred percent by 2020 initiative; policy. 2009, No. 44 , § 39 provides: "It is a priority of the general assembly and the department of education to take all necessary measures to increase the Vermont secondary school completion rate to 100 percent by the year 2020."

    § 2901. Success for all students in the general education environment.

    1. Each local school district shall develop and maintain, in consultation with parents, a comprehensive system of education that is designed to result, to the extent appropriate, in all students succeeding in the general education environment. A comprehensive system of education includes a full range of services and accommodations that are needed by students in the district. These services could include a separate alternative program if the district finds that some of its students could be better served in an environment outside the classroom, or if the district finds that separate placement is the best way to provide services to a student who is having difficulty learning in a traditional school setting for educational, emotional, or personal reasons and thereby impairing the ability of the classroom teacher to provide high-quality services to that student or to other students. This chapter does not replace or expand entitlements created by federal law, nor is it the intent of this chapter to create a higher standard for maintaining a student in the general classroom than the standard created in the following federal laws: 20 U.S.C. chapter 33, Individuals with Disabilities Education Act; 29 U.S.C. § 794, Section 504 of the Rehabilitation Act of 1973; and 42 U.S.C. chapter 126, Americans with Disabilities Act.
    2. [Repealed.]
    3. No individual entitlement or private right of action is created by this section.

      Added 1989, No. 230 (Adj. Sess.), § 4; amended 1995, No. 157 (Adj. Sess.), § 8; 1999, No. 113 (Adj. Sess.), § 9; 2009, No. 44 , § 40, eff. May 21, 2009; 2017, No. 173 (Adj. Sess.), § 3, eff. May 25, 2018.

    History

    2014. Inserted "Education" after the words "Individuals with Disabilities" to reflect the common name of the federal law.

    Amendments--2017 (Adj. Sess.). Subsec. (a): Substituted "Each" for "It is the policy of the State that each" preceding "shall", "is designed to" for "will" preceding "result"; deleted "disrupting the class or" preceding "having difficulty"; substituted "high-quality" for "quality" preceding "services", "chapter 33" for " § 1401 et seq."; inserted "of 1973" following "Rehabilitation Act"; and substituted "chapter 126" for " § 12101 et seq."

    Amendments--2009. Subsec. (a): Substituted "that" for "which" after "accommodations" in the second sentence and "or to other students" for "or to the other pupils" in the third sentence.

    Amendments--1999 (Adj. Sess.). Subsec. (a): Amended generally.

    Amendments--1995 (Adj. Sess.) Subsec. (a): Amended generally.

    Subsec. (b): Repealed.

    Subsec. (c): Inserted "individual entitlement or" preceding "private".

    § 2902. Tiered system of supports and educational support team.

    1. Within each school district's comprehensive system of educational services, each public school shall develop and maintain a tiered system of academic and behavioral supports for the purpose of providing all students with the opportunity to succeed or to be challenged in the general education environment. For each school it maintains, a school district board shall assign responsibility for developing and maintaining the tiered system of supports either to the superintendent pursuant to a contract entered into under section 267 of this title or to the school principal. The school shall provide all students a full and fair opportunity to access the system of supports and achieve educational success. The tiered system of supports shall, at a minimum, include an educational support team, instructional and behavioral interventions, and accommodations that are available as needed for any student who requires support beyond what can be provided in the general education classroom and may include intensive, individualized interventions for any student requiring a higher level of support.
    2. The tiered system of supports shall:
      1. be aligned as appropriate with the general education curriculum;
      2. be designed to enhance the ability of the general education system to meet the needs of all students;
      3. be designed to provide necessary supports promptly, regardless of an individual student's eligibility for categorical programs;
      4. seek to identify and respond to students in need of support for emotional or behavioral challenges and to students in need of specialized, individualized behavior supports;
      5. provide all students with a continuum of evidence-based positive behavioral practices that promote social and emotional learning, including trauma-sensitive programming, that are both school-wide and focused on specific students or groups of students;
      6. promote collaboration with families, community supports, and the system of health and human services; and
      7. provide professional development, as needed, to support all staff in full implementation of the multi-tiered system of support.
    3. The educational support team for each public school in the district shall be composed of staff from a variety of teaching and support positions and shall:
      1. Determine which enrolled students require additional assistance to be successful in school or to complete secondary school based on indicators set forth in guidelines developed by the Secretary, such as academic progress, attendance, behavior, or poverty. The educational support team shall pay particular attention to students during times of academic or personal transition.
      2. Identify the classroom accommodations, remedial services, and other supports to be provided to the identified student.
      3. Assist teachers to plan for and provide services and accommodations to students in need of classroom supports or enrichment activities.
      4. Develop an individualized strategy, in collaboration with the student's parents or legal guardian whenever possible, to assist the identified student to succeed in school and to complete his or her secondary education.
      5. Maintain a written record of its actions.
      6. [Repealed.]
    4. No individual entitlement or private right of action is created by this section.
    5. The Secretary shall establish guidelines for teachers and administrators in following federal laws relating to provision of services for children with disabilities and the implementation of this section. The Secretary shall develop and provide to supervisory unions information to share with parents of children suspected of having a disability that describes the differences between the tiered system of academic and behavioral supports required under this section, Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794, and the Individuals with Disabilities Education Act, 20 U.S.C. chapter 33, including how and when school staff and parents of children having a suspected disability may request interventions and services under those entitlements.
    6. It is the intent of the General Assembly that a gifted and talented student shall be able to take advantage of services that an educational support team can provide. It is not the intent of the General Assembly that funding under chapter 101 of this title shall be available for a gifted and talented student unless the student has been otherwise determined to be a student for whom funding under that chapter is available.
    7. The tiered system of academic and behavioral supports required under this section shall not be used by a school district to deny a timely initial comprehensive special education evaluation for children suspected of having a disability. The Agency of Education shall adopt policies and procedures to ensure that a school district's evaluation of a child suspected of having a disability is not denied because of implementation of the tiered system of academic and behavioral supports. The policies and procedures shall include:
      1. the definition of what level of progress is sufficient for a child to stop receiving instructional services and supports through the tiered system of academic and behavioral supports;
      2. guidance on how long children are to be served in each tier; and
      3. guidance on how a child's progress is to be measured.

        Added 1989, No. 230 (Adj. Sess.), § 4; amended 1995, No. 157 (Adj. Sess.), § 9; 1997, No. 87 (Adj. Sess.), § 1; 1999, No. 113 (Adj. Sess.), § 10; 1999, No. 117 (Adj. Sess.), § 2; 2009, No. 44 , § 40, eff. May 21, 2009; 2013, No. 92 (Adj. Sess.), § 192, eff. Feb. 14, 2014; 2015, No. 48 , § 5; 2017, No. 173 (Adj. Sess.), § 4, eff. May 25, 2018.

    History

    2013 (Adj. Sess.). Substituted "Secretary" for "commissioner" in subdiv. (c)(1) in accordance with 2013, No. 192 (Adj. Sess.), § 302.

    Amendments--2017 (Adj. Sess.). Subdiv. (b)(4): Substituted "emotional or behavioral challenges" for "at risk behaviors" and deleted "and" at the end of the sentence.

    Subdiv. (b)(5): Amended generally.

    Subdiv. (b)(7): Added.

    Subdiv. (c)(2): Substituted "to be" for "that have been" preceding "provided".

    Subdiv. (c)(6): Repealed.

    Subsec. (e): Added the second sentence.

    Subsec. (g): Added.

    Amendments--2015. Section heading: Substituted "Tiered system of supports" for "Education support system".

    Subsecs. (a) and (b): Amended generally.

    Amendments--2013 (Adj. Sess.). Substituted "Secretary" for "commissioner" twice in subdiv. (c)(6) and in subsec. (e).

    Amendments--2009. Subsec. (c): Amended generally.

    Amendments--1999 (Adj. Sess.). Subsec. (a): Act. No. 117 added the second sentence.

    Subdiv. (b)(4): Act No. 113 substituted "is disruptive to the learning environment" for "disrupts a class" following "handling a student who" in the first sentence, inserted "or the school building" following "classroom", and added "and the school's policy on student discipline, and after reasonable effort has been made to support the student in the regular classroom environment" following "federal law" in the second sentence.

    Amendments--1997 (Adj. Sess.). Inserted "or be challenged" following "succeed" in the first sentence of subsec. (a), added "or enrichment activities" following "supports" in subdiv. (c)(4), and added subsec. (f).

    Amendments--1995 (Adj. Sess.) Section amended generally.

    § 2903. Preventing early school failure; reading instruction.

    1. Statement of policy.  The ability to read is critical to success in learning. Children who fail to read by the end of the first grade will likely fall further behind in school. The personal and economic costs of reading failure are enormous both while the student remains in school and long afterward. All students need to receive systematic reading instruction in the early grades from a teacher who is skilled in teaching reading through a variety of instructional strategies that take into account the different learning styles and language backgrounds of the students. Some students may require intensive supplemental instruction tailored to the unique difficulties encountered.
    2. Foundation for literacy.  The State Board of Education, in collaboration with the Agency of Human Services, higher education, literacy organizations, and others, shall develop a plan for establishing a comprehensive system of services for early education in the first three grades to ensure that all students learn to read by the end of the third grade. The plan shall be updated at least once every five years following its initial submission in 1998.
    3. Reading instruction.  A public school that offers instruction in grades one, two, or three shall provide highly effective, research-based reading instruction to all students. In addition, a school shall provide:
      1. supplemental reading instruction to any enrolled student in grade four whose reading proficiency falls below third grade reading expectations, as defined under subdivision 164(9) of this title;
      2. supplemental reading instruction to any enrolled student in grades 5-12 whose reading proficiency creates a barrier to the student's success in school; and
      3. support and information to parents and legal guardians.

        Added 1997, No. 60 , § 9, eff. June 26, 1997; amended 2009, No. 44 , § 40, eff. May 21, 2009.

    History

    Amendments--2009. Subsec. (b): Made a minor punctuation change in the first sentence and in the second sentence, deleted "submitted to the general assembly by January 15, 1998 and shall be" after "shall be" and added "following its initial submission in 1998" after "years."

    Subsec. (c): Amended generally.

    Cross References

    Cross references. Children at risk of school failure, see 33 V.S.A. chapter 47.

    Course of study, see § 906 of this title.

    § 2904. Reports.

    Annually, each superintendent shall report to the Secretary in a form prescribed by the Secretary, on the status of the educational support systems in each school in the supervisory union. The report shall describe the services and supports that are a part of the education support system, how they are funded, and how building the capacity of the educational support system has been addressed in the school action plans, and shall be in addition to the report required of the educational support team in subdivision 2902(c)(6) of this chapter. The superintendent's report shall include a description and justification of how funds received due to Medicaid reimbursement under section 2959a of this title were used.

    Added 1999, No. 117 (Adj. Sess.), § 3; amended 2005, No. 54 , § 14; 2009, No. 44 , § 40, eff. May 21, 2009; 2013, No. 92 (Adj. Sess.), § 193, eff. Feb. 14, 2014.

    History

    Reference in text. Subdiv. 2902(c)(6), referred to in this section, was repealed by 2017, No. 173 (Adj. Sess.), § 4, eff. May 25, 2018.

    Amendments--2013 (Adj. Sess.). Substituted "Secretary" for "commissioner" twice.

    Amendments--2009. Added ", and shall be in addition to the report required of the educational support team in subdivision 2902(c)(6) of this chapter" after "plans in the second sentence and inserted "superintendent's" before "report" in the third sentence.

    Amendments--2005 Section amended generally.

    § 2905. Prekindergarten-16 Council.

    1. A Prekindergarten-16 Council (the Council) is created to help coordinate and better align the efforts of the prekindergarten-12 educational system with the higher education community in order to increase:
      1. postsecondary aspirations;
      2. the enrollment of Vermont high school graduates in higher education programs;
      3. the postsecondary degree completion rates of Vermonters; and
      4. public awareness of the economic, intellectual, and societal benefits of higher education.
    2. The Council shall be composed of:
      1. the Secretary of Education or designee;
      2. the Commissioner of Labor or designee;
      3. the President of the University of Vermont or designee;
      4. the Chancellor of the Vermont State Colleges or designee;
      5. the President of the Vermont Student Assistance Corporation or designee;
      6. the President of the Association of Vermont Independent Colleges or designee;
      7. a principal of a secondary school selected by the Vermont Principals' Association;
      8. a superintendent selected by the Vermont Superintendents Association;
      9. a teacher selected by the Vermont-National Education Association;
      10. a member of the Building Bright Futures Council or designee;
      11. a career technical education director selected by the Vermont Association of Career and Technical Center Directors;
      12. a representative from the business and industry community selected by the Vermont Business Roundtable;
      13. an advocate for low-income children selected by Voices for Vermont's Children;
      14. a member of the House of Representatives, who shall be selected by the Speaker and shall serve until the beginning of the biennium immediately after the one in which the member is appointed;
      15. a member of the Senate, who shall be selected by the Committee on Committees and shall serve until the beginning of the biennium immediately after the one in which the member is appointed;
      16. a member of the faculty of the Vermont State Colleges, the University of Vermont, or a Vermont independent college selected by United Professions AFT Vermont, Inc.; and
      17. a representative of after-school, summer, and expanded learning programs selected by the Vermont Center for Afterschool Excellence.
    3. The Council shall develop and regularly update a statewide plan to increase aspirations for and the successful completion of postsecondary education among students of all ages and otherwise advance the purposes for which the council is created, which shall include strategies to:
      1. ensure that every high school graduate in Vermont is prepared to succeed in postsecondary education without remedial assistance;
      2. increase the percentage of Vermonters who earn an associate's or higher level degree or a postsecondary certification;
      3. identify and address areas of educator preparation that could benefit from improved collaboration between the prekindergarten-12 educational system and the higher education community;
      4. promote early career awareness and nurture postsecondary aspirations;
      5. develop programs that guarantee college admission and financial aid for low-income students who successfully complete early commitment requirements;
      6. enhance student engagement in secondary school, ensuring that learning opportunities are relevant, rigorous, and personalized and that all students aspire to and prepare for success in postsecondary learning opportunities;
      7. expand access to dual enrollment programs in order to serve students of varying interests and abilities, including those who are likely to attend college, those who are from groups that attend college at disproportionately low rates, and those who are prepared for a postsecondary curriculum prior to graduation from secondary school;
      8. develop proposals for statewide college and career readiness standards and assessments;
      9. create incentives for adults to begin or continue their postsecondary education; and
      10. ensure implementation of a prekindergarten-16 longitudinal data system, which it shall use to assess the success of the plan required by this subsection.
    4. Together with the Secretary of Administration or the Secretary's designee, the following members of the Council shall perform any statutory or other duties required of them, including duties in connection with the Higher Education Endowment Trust Fund: the President of the University of Vermont, the Chancellor of the Vermont State Colleges, the President of the Vermont Student Assistance Corporation, the President of the Association of Vermont Independent Colleges, the representative from the business and industry community, the member of the House of Representatives, and the member of the Senate.
    5. The legislative and higher education staff shall provide support to the Council as appropriate to accomplish its tasks. Primary administrative support shall be provided by the Office of Legislative Operations.
    6. The Council shall annually elect one of its members to be chair.
    7. The Council shall meet at least quarterly.
    8. The Council shall report on its activities to the House and Senate Committees on Education and to the State Board of Education each year in January. The provisions of 2 V.S.A. § 20(d) (expiration of required reports) shall not apply to the report to be made under this subsection.

      Added 2009, No. 133 (Adj. Sess.), § 2; amended 2011, No. 129 (Adj. Sess.), § 16, eff. May 11, 2012; 2013, No. 92 (Adj. Sess.), § 194, eff. Feb. 14, 2014; 2013, No. 142 (Adj. Sess.), § 30; 2019, No. 144 (Adj. Sess.), § 27.

    History

    2013 (Adj. Sess.). Inserted "career" preceding "technical education director" in subdiv. (b)(11) in accordance with 2013, No. 92 (Adj. Sess.), § 302.

    Amendments--2019 (Adj. Sess.). Subsec. (e): Substituted "Operations" for "Council" in the second sentence.

    Amendments--2013 (Adj. Sess.). Section amended generally.

    Amendments--2011 (Adj. Sess.) Subdiv. (b)(17): Added.

    Legislative policy. 2009, No. 133 (Adj. Sess.), § 1 provides: "It is the policy of the state of Vermont to encourage and enable all Vermonters to acquire the postsecondary education and training necessary for the state to develop and maintain a skilled, highly educated, and engaged citizenry and a competitive workforce."

    Implementation of Council. 2009, No. 133 (Adj. Sess.), § 5(c) provides: "The strategies developed by the prekindergarten-16 council pursuant to subdivision 2(c)(1) of this act shall include the goal of ensuring that at least 60 percent of the adult population will have earned an associate's or higher-level degree by 2020."

    § 2906. Vermont Expanded Learning Opportunities Special Fund established.

    1. As used in this section, "Expanded Learning Opportunity" means a structured program designed to serve prekindergarten through secondary school-age children and youth outside the school day and year on a regular basis, including before and after school and during the summer, by providing opportunities for personal, emotional, and academic growth for children and youth.
    2. There is established a Vermont Expanded Learning Opportunities Special Fund comprising grants, donations, and contributions from any private or public source. Monies in the Fund shall be available to the Agency for the purpose of increasing access to expanded learning opportunities throughout Vermont. The Commissioner of Finance and Management may draw warrants for disbursements from this Fund in anticipation of receipts. The Fund shall be administered pursuant to 32 V.S.A. chapter 7, subchapter 5, except that interest earned and any remaining balance at the end of the fiscal year shall be retained and carried forward in the Fund.

      Added 2015, No. 48 , § 9, eff. June 3, 2015.

    History

    Vermont Expanded Learning Opportunities Special Fund; disbursements. 2015, No. 48 , § 11, effective June 3, 2015, provides: "No funds shall be disbursed from the Vermont Expanded Learning Opportunities Special Fund, established in 16 V.S.A. § 2906, until the General Assembly enacts legislation establishing a framework for awarding grants under the Expanded Learning Opportunities Grant Program, pursuant to the recommendations of the Secretary of Education and the ELO Working Group as described in Sec. 10 of this act."

    CHAPTER 101. SPECIAL EDUCATION

    History

    Amendments--1989 (Adj. Sess.). 1989, No. 230 (Adj. Sess.), § 2, inserted "Special" preceding "Education" and deleted "of Handicapped Children" thereafter in the chapter heading.

    Legislative findings and purpose 1999, No. 117 (Adj. Sess.), § 1, provided:

    "(a) The general assembly finds that:

    "(1) School districts are working hard to control special education costs while continuing to provide appropriate services that meet the needs of all Vermont students.

    "(2) Nevertheless, special education costs are increasing more rapidly than general education costs and this rate of increase should be moderated to an extent consistent with meeting the educational needs of students. The increase in special education costs is due to many complex factors, including an increase in the percentage of students found eligible for special education services as well as an increase in the proportion of those special education students who need very expensive services.

    "(3) The blue ribbon commission on special education costs and the fiscal review panel found that strengthening the educational support systems across the state, improving the consistency of the delivery of special education throughout the state, improving the recruitment, training and retention of special education teachers and administrators, and improving the ability of all teachers and administrators to meet the educational needs of all students could help districts to control special education costs.

    "(4) Early prevention and intervention services targeted to children who are at risk of becoming special education eligible can reduce the number of students who will eventually need special education services.

    "(5) Early prevention and intervention services are often less expensive than special education services, and may only be necessary for a short time in order to enable a student to succeed in the general education environment.

    "(6) The department of education should provide more technical and legal assistance to help school districts control special education costs and improve educational outcomes for students.

    "(7) In its work with school districts, the department of education should emphasize effective and efficient management of delivering special education services statewide.

    "(b) Therefore, it is the intent of the general assembly to provide services that will help school districts to contain increases in total special education spending in Vermont, while continuing to deliver appropriate services that meet the needs of Vermont's students."

    Cross References

    Cross references. Applicability of provisions relating to discrimination in public accommodations, see 9 V.S.A. § 4502.

    Tuition charges for special education programs, see § 826 of this title.

    Law review commentaries

    Law review. "Act 230: Cost Containment, Deregulation, and the Reform of Special Education in Vermont," 17 Vt. L. Rev. 195 (1992).

    Subchapter 1. General Provisions

    History

    Amendments--1987 (Adj. Sess.). 1987, No. 235 (Adj. Sess.), § 1, designated the existing provisions of this chapter, comprising sections 2941-2956, as subchapter 1 and added the subchapter heading.

    § 2941. Policy and purpose. Section 2941 effective until July 1, 2022; see also section 2941 effective July 1, 2022 set out below.

    It is the policy of the State to ensure equal educational opportunities for all children in Vermont. This means that children with disabilities are entitled to receive a free appropriate public education. It is further the policy of the State to pay 60 percent of the statewide costs expended by public education for children with disabilities. The purpose of this chapter is to enable the Agency to ensure the provision of the special educational facilities and instruction necessary to meet the needs of children with disabilities.

    Amended 1965, No. 152 , § 1; 1987, No. 235 (Adj. Sess.), § 2; 1995, No. 157 (Adj. Sess.), § 22; 1997, No. 60 , § 29a, eff. July 1, 1998; 2013, No. 92 (Adj. Sess.), § 195, eff. Feb. 14, 2014.

    § 2941. Policy and purpose. Section 2941 effective July 1, 2022; see also section 2941 effective until July 1, 2022 set out above.

    It is the policy of the State to ensure equal educational opportunities for all children in Vermont. This means that children with disabilities are entitled to receive a free appropriate public education. The purpose of this chapter is to enable the Agency to ensure the provision of special education services and supports in accordance with individualized education programs necessary to meet the needs of children with disabilities.

    Amended 1965, No. 152 , § 1; 1987, No. 235 (Adj. Sess.), § 2; 1995, No. 157 (Adj. Sess.), § 22; 1997, No. 60 , § 29a, eff. July 1, 1998; 2013, No. 92 (Adj. Sess.), § 195, eff. Feb. 14, 2014; 2017, No. 173 (Adj. Sess.), § 5, eff. July 1, 2022.

    History

    Source. 1953, No. 235 , § 1.

    Editor's note. The 1997 amendment to this section takes effect on July 1, 1998.

    Amendments--2017 (Adj. Sess.). Deleted the former third sentence and in the present third sentence, substituted "education services and supports in accordance with individualized education programs" for "educational facilities and instruction" following "special".

    Amendments--2013 (Adj. Sess.). Substituted "This" for "As applied to children with disabilities, this", and deleted "such" preceding "children" and inserted "with disabilities" thereafter in the second sentence; substituted "for children" for "to children" in the third sentence; and substituted "Agency" for "state department of education" and deleted "which are" preceding "necessary" in the fourth sentence.

    Amendments--1997 Substituted "pay 60 percent of the statewide costs" for "match locally raised revenues, on an equal basis statewide" preceding "expended by districts" in the third sentence.

    Amendments--1995 (Adj. Sess.) Substituted "children with disabilities" for "handicapped children" in the second through fourth sentences.

    Amendments--1987 (Adj. Sess.). Section amended generally.

    Amendments--1965. Deleted "educable" preceding "children" in the first sentence.

    Effective date of 2017 (Adj. Sess.) amendment. 2017, No. 173 (Adj. Sess.), § 5, as amended by 2019, No. 112 (Adj. Sess.), § 10(b), provides that the amendment to this section by 2017, No. 173 (Adj. Sess.), § 5 shall take effect July 1, 2022.

    Prior law. V.S. 1947, §§ 9912-9920; 1951, No. 100 .

    ANNOTATIONS

    1. Purpose.

    Special education laws were not designed to assist school districts, but to assist handicapped children. 1958-60 Op. Atty. Gen. 71.

    § 2942. Definitions.

    As used in this chapter

    1. "Child with a disability" means any child in Vermont eligible under State rules to receive special education.
    2. "Special education" means, to the extent required by federal law, specially designed instruction, at no cost to parents or guardian, to meet the unique educational needs of a child with a disability, including classroom instruction, instruction in physical education, home instruction, and instruction in hospitals and institutions. The term includes "related services" as defined in federal law.
    3. "Essential early education" means the education of children with disabilities prior to legal school age for the early acquisition of fundamental skills.
    4. "Federal law" means the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400-1485, and its implementing regulations, as amended from time to time.
    5. "Residential placement" means the placement of an eligible child, as part of an individualized education program, in a 24-hour residential facility within or outside Vermont that provides educational services consistent with the child's program.
    6. "Individualized education program" means a program established for an eligible child pursuant to 20 U.S.C. § 1401(19) and the implementing federal regulations and State rules.
    7. "Unilateral placement" means a placement of a child eligible for special education by a person or persons having legal custody of the child in an educational placement other than one recommended by the child's duly constituted individualized education program team as defined in 20 U.S.C. § 1401(19).
    8. Subdivision (8) effective July 1, 2022.  A "student who requires additional support" means a student:
      1. who is on an individualized education program;
      2. who is on a section 504 plan under the Rehabilitation Act of 1973, 29 U.S.C. § 794;
      3. who is not on an individualized education program or section 504 plan but whose ability to learn is negatively impacted by a disability or by social, emotional, or behavioral needs, or whose ability to learn is negatively impacted because the student is otherwise at risk;
      4. for whom English is not the primary language; or
      5. who reads below grade level.

        Amended 1965, No. 152 , § 2; 1971, No. 207 (Adj. Sess.), § 1; 1987, No. 235 (Adj. Sess.), § 3; 1989, No. 107 , § 1; 1995, No. 157 (Adj. Sess.), § 22; 1999, No. 117 (Adj. Sess.), § 4; 2013, No. 92 (Adj. Sess.), § 196, eff. Feb. 14, 2014; 2013, No. 96 (Adj. Sess.), § 78; 2017, No. 173 (Adj. Sess.), § 5, eff. July 1, 2022; 2019, No. 131 (Adj. Sess.), § 109.

    History

    Source. 1953, No. 235 , § 2.

    Amendments--2019 (Adj. Sess.). Subdiv. (1): Substituted "rules" for "regulations".

    Subdiv. (6): Inserted "regulations" following "federal" and substituted "rules" for "regulations".

    Amendments--2017 (Adj. Sess.). Subdiv. (8): Added.

    Amendments--2013 (Adj. Sess.). Subdiv. (4): Act Nos. 92 and 96 substituted "Individuals with Disabilities Education Act" for "Education of the Handicapped Act, codified at" following "means the".

    Subdivs. (5), (6) and (7): Substituted "program" for "plan" throughout the subdivs.

    Amendments--1999 (Adj. Sess.). Subdiv. (2): Inserted "to the extent required by federal law" preceding "specially designed" in the first sentence.

    Amendments--1995 (Adj. Sess.) Subdiv. (1): Substituted "'Child with a disability'" for "'Handicapped child'".

    Subdiv. (2): Substituted "child with a disability" for "handicapped child" in the first sentence.

    Subdiv. (3): Substituted "children with disabilities" for "handicapped children".

    Amendments--1989. Subdiv. (5): Added.

    Subdiv. (6): Added.

    Subdiv. (7): Added.

    Amendments--1987 (Adj. Sess.). Section amended generally.

    Amendments--1971 (Adj. Sess.). Deleted former subdiv. (1), redesignated former subdiv. (2) as subdiv. (1), inserted "educational" preceding "services" in that subdiv., redesignated former subdiv. (3) as subdiv. (2) and added a new subdiv. (3).

    Amendments--1965. Designated the second through fourth paragraphs as subdivs. (1)-(3), respectively and deleted "educable" preceding "child inhabitant" in subdiv. (3).

    Effective date of 2017 (Adj. Sess.) amendment. 2017, No. 173 (Adj. Sess.), § 5, as amended by 2019, No. 112 (Adj. Sess.), § 10(b), provides that the amendment to this section by 2017, No. 173 (Adj. Sess.), § 5 shall take effect July 1, 2022.

    § 2943. Secretary of Education for children with disabilities; powers.

    The Secretary of Education, by virtue of the office, shall be Secretary of Education for children with disabilities and shall superintend all matters relating to the essential early education and special education of children with disabilities. In addition, the Secretary, in coordination with the Department of Mental Health, the Department of Disabilities, Aging, and Independent Living, and the Department for Children and Families, shall ensure that appropriate educational services are provided to children and adolescents with a severe emotional disturbance in accordance with the provisions of 33 V.S.A. chapter 43 and may accept gifts, grants, or other donations to carry out the purpose of this chapter.

    Amended 1987, No. 235 (Adj. Sess.), § 4; 1987, No. 264 (Adj. Sess.), § 5; 1989, No. 187 (Adj. Sess.), § 5; 1995, No. 157 (Adj. Sess.), § 22; 2011, No. 58 , § 13, eff. May 31, 2011; 2013, No. 92 (Adj. Sess.), § 197, eff. Feb. 14, 2014.

    History

    Source. 1953, No. 235 , § 6.

    2004. Substituted "chapter 43 of Title 33" for "chapter 2 of Title 3" to reflect recodification.

    Amendments--2013 (Adj. Sess.). Substituted "Secretary" for "commissioner" throughout the section and in the section heading.

    Amendments--2011. Substituted "the" for "his" preceding "office"; deleted ", as such commissioner" preceding "shall"; substituted ". In addition, the commissioner" for "and" following "disabilities", "department of mental health, the department of disabilities, aging, and independent living, and the department for children and families" for "departments of mental health and mental retardation and social and rehabilitation services" following "the".

    Amendments--1995 (Adj. Sess.) Substituted "children with disabilities" for "handicapped children" in the section heading and in the text of the section.

    Amendments--1989 (Adj. Sess.). Substituted "departments of mental health and mental retardation" for "departments of mental health".

    Amendments--1987 (Adj. Sess.). Act No. 235 deleted "and direct" preceding "all matters relating to the" and inserted "essential early education and special" thereafter and deleted "and shall have charge of their instruction" preceding "and may accept gifts".

    Act No. 264 inserted "and, in coordination with the departments of mental health and social and rehabilitation services, shall ensure that appropriate educational services are provided to children and adolescents with a severe emotional disturbance in accordance with the provisions of chapter 2 of Title 3" preceding "and may accept".

    § 2944. Special education.

    1. -(c)  [Repealed.]

      (d) The Secretary with the advice of the State Board may make grants for programs and may make grants, subject to conditions the Secretary shall establish, to persons whom he or she finds qualified for either part-time or full-time study in programs designed to qualify them as special education personnel.

      (e) Within the limits of the funds made available for the purposes of this chapter, the Secretary may provide for the extension of special education to a person with a disability, having attained the age of 21, in order to complete a program of special education in which the person has participated. Reimbursement and State aid provisions of this chapter shall apply to individuals provided education under this subsection.

      (f) The State Board of Education shall, by rule, require that whenever an individual education program requires related services, the program shall include a statement that the team has made the determination that the services are necessary consistent with the requirements of 34 C.F.R. § 300.16, as amended from time to time.

      (g) Any public or approved independent secondary school receiving State education funds shall allow an enrolled student to choose to participate in the graduation ceremony and senior year activities of the student's peers if:

      1. the student is receiving specialized instruction or services, from or through the school, described in an individualized education program ("IEP") or a Section 504 plan;
      2. under the IEP or Section 504 plan, the student will need to remain enrolled in the school after that graduation ceremony in order to complete his or her secondary education, including special education and transition services; and
      3. the student, as a result of his or her disability or impairment, needs to remain enrolled in the school after that graduation ceremony in order to complete his or her secondary education.

        (h) A school shall not be required to permit a student to participate in a graduation ceremony or senior year activities pursuant to subsection (g) of this section if the student has not met graduation requirements for reasons that are wholly unrelated to the student's disability.

        (i) A student who participates in a graduation ceremony pursuant to subsection (g) of this section shall not receive a diploma as part of that ceremony, but shall receive a certificate of recognition in a form determined by the school. If on an IEP, the student shall receive a regular high school diploma upon satisfactory completion of all necessary graduation requirements and at a time determined by the IEP team. If on a Section 504 plan, the student shall receive a regular high school diploma upon satisfactory completion of all necessary graduation requirements. Unless a school determines otherwise, a student may participate in no more than one graduation ceremony.

        (j) A student's participation in a graduation ceremony pursuant to subsection (g) of this section shall not affect or limit the student's eligibility for special education services, related services, transition services, or Section 504 services following the ceremony.

        Amended 1967, No. 73 , § 1; 1969, No. 172 (Adj. Sess.), § 1; 1971, No. 207 (Adj. Sess.), § 2; 1977, No. 14 ; 1977, No. 194 (Adj. Sess.), §§ 2, 3; 1987, No. 235 (Adj. Sess.), § 11(1)-(3); 1995, No. 157 (Adj. Sess.), § 22; 1997, No. 60 , § 10, eff. June 26, 1997; 2009, No. 153 (Adj. Sess.), § 22, eff. June 3, 2010; 2013, No. 92 (Adj. Sess.), § 198, eff. Feb. 14, 2014.

    History

    Source. 1953, No. 235 , § 4.

    2013 (Adj. Sess.). In subsec. (f) and subdiv. (g)(1) substituted "program" for "plan" in accordance with 2013, No. 92 (Adj. Sess.), § 302.

    Amendments--2013 (Adj. Sess.). Subsec. (d): Substituted "Secretary" for "commissioner" throughout the subsec. and "State Board" for "board", inserted "may make" preceding "grants", and deleted "which" following "conditions".

    Amendments--2009 (Adj. Sess.) Added subsecs. (g)-(j).

    Amendments--1997 Subsec. (f): Added.

    Amendments--1995 (Adj. Sess.) Subsec. (e): Substituted "person with a disability" for "handicapped person" in the first sentence.

    Amendments--1987 (Adj. Sess.). Repealed subsecs. (a)-(c).

    Amendments--1977 (Adj. Sess.). Subsec. (a): Rewrote the third through sixth sentences and added the seventh sentence.

    Subdiv. (b)(1): Amended generally.

    Amendments--1977. Subsec. (e): Added.

    Amendments--1971 (Adj. Sess.). Section amended generally.

    Amendments--1969 (Adj. Sess.). Rewrote the section heading, designated the existing provisions of the section as subsec. (a), and added subsecs. (b) and (c).

    Amendments--1967. Substituted "special education" for "instruction" preceding "of handicapped" in the first sentence.

    Cross References

    Cross references. State construction aid, see chapter 123 of this title.

    ANNOTATIONS

    Cited. , 1952-54 Op. Atty. Gen. 121, 1958-60 Op. Atty. Gen. 75.

    § 2945. State Advisory Panel on Special Education.

    1. The State Advisory Panel on Special Education (Panel) is created to provide guidance with respect to special education and related services for children with disabilities in the State. Members of the Panel shall be appointed by the Governor, with the advice of the Secretary of Education. The Panel shall perform its duties, and members of the Panel shall be appointed, in accordance with federal law. In addition to members appointed to the Panel to satisfy the requirements under federal law, the members of the Panel shall include a representative of each body designated by the State under federal law as the Parent Training and Information Center and the Protection and Advocacy System. The total number of members on the Panel shall not exceed 37 members.
    2. The Panel shall elect an executive committee from among its members. The executive committee shall be composed of seven members of the Panel, one of whom shall be the chair of the Panel. A majority of the members of the executive committee shall be individuals with disabilities or parents of children with disabilities (ages birth through 26 years of age). The executive committee shall call meetings of the Panel and shall direct the work of the Panel.
    3. The Panel shall advise both the Agency of Education and the State Board of Education on those matters upon which the Panel is required, under federal law, to advise the State Education Agency.
    4. Members of the Panel shall be entitled to per diem compensation and reimbursement of expenses as permitted under 32 V.S.A. § 1010 .

      Amended 1961, No. 36 , eff. March 24, 1961; 1967, No. 73 , § 2; 1971, No. 207 (Adj. Sess.), § 3; 1977, No. 167 (Adj. Sess.), § 1, eff. March 31, 1978; 1995, No. 157 (Adj. Sess.), §§ 10, 22; 2003, No. 36 , § 16; 2011, No. 58 , § 4, eff. May 31, 2011; 2011, No. 129 (Adj. Sess.), § 14, eff. May 11, 2012; 2013, No. 92 (Adj. Sess.), § 199, eff. Feb. 14, 2014; 2017, No. 49 , § 33, eff. May 23, 2017; 2019, No. 97 (Adj. Sess.), § 1, eff. April 28, 2020.

    History

    Source. 1953, No. 235 , § 5.

    Reference in text. The McKinney-Vento Homeless Assistance Act, referred to in subdiv. (a)(1)(H), is codified as 42 U.S.C. § 11311 et seq.

    Revision note. In the fifth sentence of subsec. (a) substituted "member" for "members" following "house" to correct a grammatical error.

    In subsec. (c), substituted "$30.00" for "$15.00" pursuant to 1977, No. 222 (Adj. Sess.), § 17. See note under 32 V.S.A. § 1010.

    2020. During the 2019 Adjourned Session, this section was amended in conflicting ways by two different acts. Only the amendments from 2019, No. 97 (Adj. Sess.) are reflected in the text of this section, however, and not the amendments from 2019, No. 131 (Adj. Sess.), as the stated purpose of 2019, No. 131 (Adj. Sess.) was to make only technical amendments and § 303 of the act specified that, to the extent that 2019, No. 131 (Adj. Sess.) may conflict with other acts of the same biennium, "the substantive changes in other acts shall take precedence over the technical changes of this act."

    Amendments--2019 (Adj. Sess.). Act 97 rewrote the section.

    Amendments--2017. Subsec. (c): Substituted "as provided under 32 V.S.A. § 1010" for "of $30.00 per day" following "compensation".

    Amendments--2013 (Adj. Sess.). Subdiv. (a)(1): Substituted "Secretary" for "commissioner of education".

    Subsec. (d): Substituted "Council" for "advisory council".

    Subdiv. (d)(2): Inserted "rules," preceding "regulations", substituted "State Board" for "state board of education" and deleted "which" preceding "it finds".

    Subdiv. (d)(3): Inserted "rules," preceding "regulations".

    Subdiv. (d)(4): Substituted "State Board" for "state board of education".

    Amendments--2011 (Adj. Sess.) Subsec. (a): Substituted "19 members" for "17 members" in the first sentence of the introductory paragraph, "Seventeen of the members" for "Fifteen of the members" in subdiv. (1), and added subdiv. (a)(1)(L).

    Amendments--2011. Subsecs. (a) and (b): Amended generally.

    Amendments--2003. Subsec. (a): Substituted "17" for "seventeen" preceding "members"; deleted "two" following "appointees'"; substituted "representatives of other state agencies involved in the financing or delivery of related services to children with disabilities, representatives of independent schools, at least one representative of a vocational, community, or business organization concerned with the provision of transition services to children with disabilities, representatives from the state juvenile and adult corrections agency" for "four shall be"; deleted "five shall be" preceding "parents" and "two shall be" preceding "local" and "special"; and added the fourth sentence.

    Amendments--1995 (Adj. Sess.) Subsec. (a): Substituted "children with disabilities" for "handicapped children" in two places in the third sentence.

    Subdiv. (d)(1): Substituted "federal law" for "P.L. 94-142, the Education of All Handicapped Act, and regulations issued pursuant to that act".

    Amendments--1977 (Adj. Sess.). Section amended generally.

    Amendments--1971 (Adj. Sess.). Subsec. (a): Amended generally.

    Amendments--1967. Subsec. (a): Amended generally.

    Amendments--1961. Subsec. (a): Added "and a professional representative chosen by the Vermont Association for Retarded Children" at the end of the subsec.

    Transition. 2019, No. 97 (Adj. Sess.), § 2 provides: "On or before August 1, 2020, members shall be appointed to the State Advisory Panel on Special Education under 16 V.S.A. § 2945 to ensure that the membership of the Panel complies with federal law, including the appointment of members who fulfill the requirement that a majority of the members be individuals with disabilities or parents of children with disabilities."

    Cross References

    Cross references. Per diem compensation of advisory councils generally, see 32 V.S.A. § 1010.

    § 2946. Repealed. 1987, No. 235 (Adj. Sess.), § 11(4).

    History

    Former § 2946. Former § 2946, relating to employment of a director of special education, was derived from 1953, No. 235 , § 6.

    § 2947. Repealed. 1987, No. 235 (Adj. Sess.), § 11(5).

    History

    Former § 2947. Former § 2947, relating to powers and duties of advisory council on special education and director of special education, was derived from 1953, No. 235 , § 7.

    § 2948. State aid.

    1. For the payment of general State aid, children with disabilities shall be counted in the same manner as children who do not have  disabilities.
    2. [Repealed.]
    3. Each supervisory union shall receive an essential early education grant each school year. Grants shall be distributed according to the estimated number of children from three through five years of age. The State Board by rule shall encourage coordination of services and may set other terms of the grant. Each supervisory union shall be responsible for the remainder of the costs of providing necessary services under section 2956 of this title. Annually, for each following fiscal year, the essential early education grant shall be increased by the most recent cumulative price index, as of November 15, for State and local government purchases of goods and services from fiscal year 2002 through that following fiscal year, as provided through the State's participation in the New England Economic Project.
    4. , (e)  [Repealed.]

      (f) If a student is being provided education or special education or both in a school operated by the Department of Corrections, the Department of Corrections shall serve the student as if the Department were the school district of residence of the student.

      (g) Notwithstanding any law to the contrary, a child with a disability who is residing in a State school, hospital, or community residential facility or in a State-approved private residential facility shall be provided special education in accordance with this chapter by the supervisory union in which the facility is located; provided, however, that this special education may be directly provided by the facility in which the child resides when the child's individualized education program and treatment plans indicate that the facility is the most appropriate educational placement for the child. Programs of special education provided by a facility described in this subsection shall be subject to the approval of the Secretary.

      (h)-(j) [Repealed.]

      (k) For the costs of students in the custody of the Department of Corrections, the Secretary of Education shall pay for the costs of special education in accordance with the provisions of 28 V.S.A. § 120 .

      ( l ) [Repealed.]

      (m) All other State aid to supervisory unions shall be set forth in subchapter 2 of this chapter.

      (n) If a student is being provided education or special education, or both, in a school operated by the Department for Children and Families, the funding and provision of services shall be the responsibility of the Department for Children and Families and special education procedural responsibility shall be the responsibility of the supervisory union for the school district of residence of the student's parent, parents, or guardian.

      Amended 1961, No. 83 ; 1969, No. 172 (Adj. Sess.), § 2; 1971, No. 207 (Adj. Sess.), § 4; 1977, No. 194 (Adj. Sess.), §§ 4, 5; 1981, No. 170 (Adj. Sess.), § 6a, eff. April 19, 1982; 1987, No. 235 (Adj. Sess.), §§ 5, 11(6); 1989, No. 107 , §§ 2, 3, 12; 1989, No. 230 (Adj. Sess.), § 13, eff. July 1, 1991; 1995, No. 157 (Adj. Sess.), § 6, eff. July 1, 1997; 1995, No. 157 (Adj. Sess.), §§ 22, 30(a)(5), (c); 2001, No. 63 , § 170c; 2005, No. 182 (Adj. Sess.), § 7; 2011, No. 58 , §§ 14, 15, eff. May 31, 2011; 2013, No. 92 (Adj. Sess.), § 200, eff. Feb. 14, 2014; 2015, No. 148 (Adj. Sess.), § 1, eff. July 1, 2017.

    History

    Source. 1953, No. 235 , § 8.

    2013 (Adj. Sess.). Substituted "Secretary of Education" for "commissioner of education" in subsec. (k) in accordance with 2013, No. 92 (Adj. Sess.). § 302.

    Amendments--2015 (Adj. Sess.) Subsecs. (c) and (g): Substituted "supervisory union" for "district" and "school district".

    Subsec. (m): Deleted "school districts and" preceding "supervisory unions".

    Subsec. (n): Inserted "supervisory union for the school" following "responsibility of the".

    Amendments--2013 (Adj. Sess.). Subsec. (g): Substituted "state-approved" for "state approved", inserted "program" following "education", and substituted "Secretary" for "commissioner".

    Amendments--2011. Subsec. (f): Deleted "or the department of mental health and mental retardation" following "corrections"; substituted "department of corrections" for "agency" preceding "shall" and "department" for "agency" preceding "were".

    Subsec. (n): Substituted "for children and families" for "of social and rehabilitation services" following "department" in two places.

    Amendments--2005 (Adj. Sess.). Subsec. (c): Substituted "November 15" for "December 1".

    Amendments--2001. Subsec. (c): Added fifth sentence.

    Amendments--1995 (Adj. Sess.) Subsec. (a): Substituted "children with disabilities" for "handicapped children" and "children who do not have disabilities" for "nonhandicapped children".

    Subsec. (d): Repealed.

    Subsec. (e): Repealed.

    Subsec. (f): Substituted "the department of corrections or the department of mental health and mental retardation" for "a state agency" following "operated by" in the first sentence and deleted the second sentence.

    Subsec. (g): Substituted "child with a disability" for "handicapped child".

    Subsec. ( l ): Repealed.

    Subsec. (n): Added.

    Amendments--1989 (Adj. Sess.). Subsec. (c): Amended generally.

    Amendments--1989. Rewrote subsecs. (c)-(f), repealed subsecs. (h)-(j), and added subsecs. (k)-(m).

    Amendments--1987 (Adj. Sess.). Subsec. (b): Repealed.

    Subsec. (d): Rewrote the second sentence and added the third, fourth, and fifth sentences.

    Amendments--1981 (Adj. Sess.). Subsec. (a): Inserted "general" preceding "state aid" and deleted "pursuant to sections 3441 through 3475 of this title" thereafter.

    Amendments--1977 (Adj. Sess.). Subsec. (d): Amended generally.

    Subsecs. (g)-(j): Added.

    Amendments--1971 (Adj. Sess.). Section amended generally.

    Amendments--1969 (Adj. Sess.). Rewrote the second sentence.

    Amendments--1961. Added the third sentence.

    Repeal of prospective repeal of 1981 (Adj. Sess.) amendment. 1981, No. 170 (Adj. Sess.), § 20, which provided for the repeal of 1981, No. 170 (Adj. Sess.), § 6a, effective July 1, 1987, was repealed by 1987, No. 84 , § 11(1).

    Cross References

    Cross references. State aid generally, see part 6 of this title.

    ANNOTATIONS

    1. Computation of per pupil cost.

    Transportation costs in district from which handicapped child comes are included in computation of "per pupil cost.", 1956-58 Op. Atty. Gen. 99.

    § 2949. Reciprocal agreements with other states.

    The State Board of Education, with the approval of the Attorney General, is authorized to enter into reciprocal agreements with the boards of education in other states to share in the expense of securing the services of specialists or persons skilled in the education of children with disabilities.

    Amended 1995, No. 157 (Adj. Sess.), § 22; 2015, No. 148 (Adj. Sess.), § 1.

    History

    Source. 1953, No. 235 , § 9.

    Amendments--1995 (Adj. Sess.) Substituted "children with disabilities" for "handicapped children" at the end of the section.

    § 2950. State-placed students.

    1. Supervisory union reimbursement.  The supervisory union in which there is a school district responsible for educating a State-placed student under section 1075 of this title may claim and the Secretary shall reimburse 100 percent of all special education costs for the student, including costs for mainstream services. As a condition of receiving this reimbursement, the supervisory union shall provide documentation in support of its claim, sufficient to enable the Secretary to determine whether to recommend appropriate cost-saving alternatives. The Secretary may approve any costs incurred in educating a State-placed student who is not eligible for special education that are incurred due to the special needs of the student, and, if approved, the Secretary shall pay those costs. When a State agency places and registers a student in a new district, the district and the supervisory union of which it is a member may request and the Agency of Education or the agency that placed the student, or both, shall provide prompt consultative and technical assistance to the receiving district and the supervisory union.
    2. Residential payments.
      1. For a student in the care and custody of the Commissioner for Children and Families who is placed in a 24-hour residential facility within or outside Vermont, the Secretary of Education shall pay the education costs, and the Commissioner for Children and Families shall arrange for the payment of the remainder of the costs. However, if the State interagency team, as defined in 33 V.S.A. § 4302 , finds such placement inappropriate for the student's education needs, then the Secretary of Education shall pay none of the education costs of the placement and the Commissioner for Children and Families shall arrange for the payment of the full cost of the placement.
      2. For a student who is placed in a 24-hour residential facility within or outside Vermont by a Vermont licensed child placement agency, a designated community mental health agency, any other agency as defined by the Secretary of Education, or a Vermont State agency or department other than the Department of Corrections or the Department for Children and Families, the Secretary of Education shall pay the education costs and the agency or department in whose care the student is placed shall arrange for the payment of the remainder of the costs. However, if the State interagency team, as defined in 33 V.S.A. § 4302 , finds such placement inappropriate for the student's education needs, then the Secretary shall pay none of the education costs of the placement and the agency or department in whose care the student is placed shall arrange for payment of the full cost of the placement. This subdivision does not apply to a student for whom a residential placement is:
        1. specified in the student's individualized education program; and
        2. funded in collaboration with another agency.
    3. Out-of-state placement.  For a State-placed student who is placed outside Vermont and who is attending a public school outside Vermont, the Secretary of Education shall pay the education costs for the student.

      Added 1995, No. 157 (Adj. Sess.), § 11; amended 1995, No. 157 (Adj. Sess.), § 28, eff. July 1, 1997; 1997, No. 60 , § 11, eff. June 26, 1997; 2001, No. 8 , § 11; 2007, No. 82 , § 23, eff. July 1, 2008; 2011, No. 58 , § 16, eff. May 31, 2011; 2013, No. 92 (Adj. Sess.), § 201, eff. Feb. 14, 2014; 2015, No. 148 (Adj. Sess.), § 1, eff. July 1, 2017.

    History

    Amendments--2015 (Adj. Sess.) Subsec. (a): Amended generally.

    Amendments--2013 (Adj. Sess.). Substituted "Secretary" for "commissioner" throughout the subsec. and "Agency of Education" for "department of education".

    Amendments--2011. Subdiv. (b)(1): Substituted "for children and families" for "of social and rehabilitation services" following "commissioner" throughout; "if" for "where" following "However," and "33 V.S.A. § 4302 finds" for "section 4302 of Title 33, has found"; and inserted "then" following "needs,".

    Subdiv. (b)(2): Inserted "or department" following "agency" in three places; substituted "for children and families" for "of social and rehabilitation services" following "department" and "if" for "where" following "However"; substituted "33 V.S.A. § 4302 finds" for "section 4302 of Title 33, has found"; and inserted "then" following "needs,".

    Amendments--2007. Subsec. (a): Amended generally.

    Amendments--2001. Subsec. (b): Substituted "section 4302 of Title 33" for "3 V.S.A. § 32" in the second sentence of subdivs. (1) and (2).

    Amendments--1997 Subsec. (c): Added.

    Former § 2950. Former § 2950, relating to issuance of warrants by Finance Director for available funds, was derived from 1953, No. 235 , § 10 and repealed by 1971, No. 207 (Adj. Sess.), § 11(7).

    § 2951. Repealed. 1987, No. 235 (Adj. Sess.), § 11(7).

    History

    Former § 2951. Former § 2951, relating to cost of transportation, was derived from 1957, No. 288 , §§ 1, 2; 1953, No. 235 , § 11 and amended by 1963, No. 18 ; 1965, No. 152 , § 3; 1971, No. 207 (Adj. Sess.), § 6; 1977, No. 167 (Adj. Sess.), § 2.

    § 2952. Repealed. 2003, No. 122 (Adj. Sess.), § 294w(4).

    History

    Former § 2952. Former § 2952, relating to reports, was derived from 1971, No. 207 (Adj. Sess.), § 7; 1995, No. 157 (Adj. Sess.), § 22.

    § 2953. Repealed. 1987, No. 235 (Adj. Sess.), § 11(8).

    History

    Former § 2953. Former § 2953, relating to diagnosis and education of children with learning disabilities, was derived from 1967, No. 375 (Adj. Sess.), § 1; 1969, No. 298 (Adj. Sess.), § 74.

    § 2954. Repealed. 1987, No. 235 (Adj. Sess.), § 11(9).

    History

    Former § 2954. Former § 2954, relating to establishment of professional teams to diagnose and educate children with learning disabilities, was derived from 1967, No. 375 (Adj. Sess.), § 2; 1969, No. 298 (Adj. Sess.), § 75.

    § 2955. Confidential information.

    Nothing in 12 V.S.A. § 1612(a) shall apply to this chapter.

    Added 1981, No. 221 (Adj. Sess.), § 2.

    § 2956. Essential early education.

    After June 30, 1991, all eligible children with disabilities three through five years of age shall have access to appropriate essential early education services.

    Added 1987, No. 68 , § 4; amended 1989, No. 230 (Adj. Sess.), § 11; 1995, No. 157 (Adj. Sess.), § 22.

    History

    Amendments--1995 (Adj. Sess.) Substituted "children with disabilities" for "handicapped children".

    Amendments--1989 (Adj. Sess.). Substituted "three through five years of age" for "of ages three and four, and those who will be three years of age on or before January 1 of the next year" following "children".

    Cross References

    Cross references. Funding for early education programs generally, see § 4014 of this title.

    § 2957. Special education administrative and judicial appeals; limitations.

    1. An action against a local, intermediate, or State education agency seeking enforcement of special education rights under State or federal law shall be commenced by an administrative due process hearing within two years of the alleged violation or within two years of the date the alleged violation is or reasonably should have been discovered, and not after.
    2. Subsection (a) of this section notwithstanding, an action against a local, intermediate, or State education agency for reimbursement of the costs of a unilateral special education placement shall be commenced by an administrative due process hearing within 90 days of the unilateral placement, and not after.
    3. Where the parent, legal guardian, or surrogate parent has not been given proper notice of special education rights under State and federal law, including notice of the limitations in this section, such limitations shall run from the time notice of those rights is properly given.
    4. An appeal from a final administrative decision in a special education due process hearing to a court of competent jurisdiction pursuant to 20 U.S.C. § 1415(i) (2) shall be commenced within 90 days from the notice of the final decision, and not after.
    5. Except as provided in 20 U.S.C. § 1412(a) (10)(C) or unless a court or hearing officer determines otherwise, where a unilateral placement has been made without offering the supervisory union for the school district of residence a reasonable opportunity to evaluate the child and to develop an individualized education program, reimbursement may not be sought for any costs incurred before the supervisory union is offered such an opportunity.

      Added 1989, No. 107 , § 4; amended 2001, No. 8 , § 12; 2003, No. 36 , § 17; 2005, No. 54 , § 15; 2015, No. 148 (Adj. Sess.), § 1, eff. July 1, 2017.

    History

    2013 (Adj. Sess.). Substituted "individualized education program" for "individualized education plan" in subsec. (e) in accordance with 2013, No. 92 (Adj. Sess.), § 302.

    Amendments--2015 (Adj. Sess.) Subsec. (e): Amended generally.

    Amendments--2005 Subsec. (e): Inserted "or unless a court or hearing officer determines otherwise" following "20 U.S.C. § 1412(a)(10)(C)".

    Amendments--2003. Subsec. (e): Substituted "Except as provided in 20 U.S.C. § 1412(a)(10)(C), where" for "Where" at the beginning of the subsec.

    Amendments--2001. Subsec. (d): Substituted "20 U.S.C. § 1415(i)(2)" for "20 U.S.C. § 1415(e)".

    § 2958. Residential Placement Review Team; residential placements.

    1. A supervisory union shall notify the parents and the Secretary when it believes residential placement is a possible option for inclusion in a child's individualized education program.
    2. The Secretary may establish from within the Agency a Residential Placement Review Team. At the discretion of the Secretary, other persons not employed by the Agency may be appointed to serve on the Team. The Team shall make every effort to assist supervisory unions and parents in understanding the range of educational options available as early as possible in the planning process for the child. The Team shall:
      1. advise supervisory unions on alternatives to residential placement;
      2. review each individualized education program calling for residential placement of a student to consider whether the student can be educated in a less restrictive environment;
      3. assist supervisory unions in locating cost-effective and appropriate residential facilities where necessary;
      4. request a new individualized education program where it believes that appropriate alternatives to residential placement are available; and
      5. offer mediation as a means of resolving disputes relating to the need for residential placement or the particular residential facility recommended for a child with a disability.
    3. The State Board shall by rule establish policies and procedures for the operations of the Residential Placement Review Team. The rules shall be consistent with federal law and, at minimum, shall include the following:
      1. provision for the Secretary to initiate a due process proceeding to challenge the need for residential placement where the team believes that a less restrictive educational placement is both available and appropriate for the child with a disability, and to reimburse the supervisory union and the parents or guardian of the child for reasonable costs and attorney's fees in the event the Secretary does not prevail;
      2. provision for technical assistance, a plan for correction, or withholding of funds under this section where a supervisory union places a child in a residential facility more expensive than an available and appropriate alternative residential facility; however, such withholding of funds shall not exceed the difference between the cost of the two facilities and the rule shall provide an opportunity for appeal of the withholding; and
      3. procedures and timelines to ensure that residential placement of a child with disabilities is not delayed or disrupted so as to adversely affect the child.
    4. Whenever a residential placement is determined to be necessary and appropriate for a child with a disability, the Residential Placement Review Team shall include in the child's individualized education program goals and objectives designed to reintegrate the child into a local school district.
    5. Costs for residential placement shall be reimbursed under subchapter 2 of this chapter only if the residential facility is approved by the State Board for the purposes of providing special education and related services to children with disabilities.

      Added 1989, No. 107 , § 5; amended 1995, No. 157 (Adj. Sess.), § 22; 2013, No. 92 (Adj. Sess.), § 202, eff. Feb. 14, 2014; 2015, No. 148 (Adj. Sess.), § 1, eff. July 1, 2017; 2017, No. 173 (Adj. Sess.), § 7, eff. May 25, 2018.

    History

    Amendments--2017 (Adj. Sess.). Subsec. (a): Substituted "supervisory union" for "school district".

    Amendments--2015 (Adj. Sess.) Subsecs. (b) and (c): Substituted "supervisory unions" for "school districts" and "supervisory union" for "school district" wherever they appeared.

    Amendments--2013 (Adj. Sess.). Section amended generally.

    Amendments--1995 (Adj. Sess.) Subdiv. (b)(5): Substituted "child with a disability" for "handicapped child".

    Subdiv. (c)(1): Substituted "child with a disability" for "handicapped child".

    Subdiv. (c)(3): Substituted "children with disabilities" for "handicapped children".

    Subsec. (d): Substituted "child with a disability" for "handicapped child".

    Subsec. (e): Substituted "children with disabilities" for "handicapped children".

    § 2959. Rulemaking; mediation.

    1. The State Board shall adopt rules governing the determination of a child's eligibility for special education, accounting and financial reporting standards, program requirements, procedural requirements, and the identification of the supervisory union or agency responsible for each child with a disability.
    2. Subject to rules established by the State Board, the Secretary shall offer mediation to parents, children with disabilities, and districts, supervisory unions, and agencies involved in special education disputes.

      Added 1987, No. 235 (Adj. Sess.), § 6; amended 1995, No. 157 (Adj. Sess.), § 22; 2013, No. 92 (Adj. Sess.), § 203, eff. Feb. 14, 2014; 2015, No. 148 (Adj. Sess.), § 1, eff. July 1, 2017.

    History

    Amendments--2015 (Adj. Sess.) Subsec. (a): Substituted "supervisory union" for "district union" preceding "or agency".

    Subsec. (b): Inserted ", supervisory unions" following "and districts".

    Amendments--2013 (Adj. Sess.). Subsec. (b): Substituted "Secretary" for "commissioner".

    Amendments--1995 (Adj. Sess.) Subsec. (a): Substituted "child with a disability" for "handicapped child".

    Subsec. (b): Substituted "children with disabilities" for "handicapped children".

    Cross References

    Cross references. Procedure for adoption of administrative rules, see 3 V.S.A. chapter 25.

    § 2959a. Education Medicaid receipts.

    1. It is the intent of the General Assembly that the State of Vermont shall maximize its receipt of federal Medicaid dollars available for reimbursement of medically related services provided to students who are Medicaid eligible. It is further the intent that:
      1. each supervisory union identify special education and other students eligible for Medicaid reimbursement and, to the extent possible, submit Medicaid bills for services reimbursement; and
      2. the Agencies of Education and of Human Services work with local school districts to maximize reimbursements, including services to non-IEP students.
    2. A Medicaid Reimbursement Special Fund is established within the Agency of Education. Funds received by the State under this section shall be transferred to the Medicaid Reimbursement Special Fund. The Fund receipts shall be allocated in accordance with this section.
    3. At least annually, the Secretary of Education shall pay to each supervisory union submitting Medicaid bills under this section 50 percent of the reimbursed funds generated by the supervisory union's bill, excluding claims generated by State-placed students. Unless the supervisory union has agreed to use the funds to operate a supervisory unionwide program or to distribute the funds in a different manner, upon receipt, the supervisory union shall distribute the funds to its member school districts based on how the funds were generated. The Secretary may withhold payment due a supervisory union pursuant to section 2950 of this title for a Medicaid-eligible State-placed student if the supervisory union has not submitted a Medicaid claim for reimbursable services for that student.
    4. If the amount of Medicaid reimbursement funds received for services provided in the prior State fiscal year exceeds $25,000,000.00, in addition to the 50 percent of the funds paid to supervisory unions submitting Medicaid bills, 25 percent of the amounts in excess of the $25,000,000.00 shall be paid into an incentive fund created in the Agency of Education. These funds shall be used for an incentive payment to supervisory unions with student participation rates of over 80 percent in accordance with a formula to be developed by the Agency, in consultation with the Vermont Superintendents Association. For any incentive payments made subsequent to fiscal year 2007, the $25,000,000.00 threshold of this subsection shall be increased by the percentage increase of the most recent New England Economic Project Cumulative Price Index, as of November 15, for state and local government purchases of goods and services from fiscal year 2005 through the fiscal year for which the payment is being determined, plus an additional one-tenth of one percent.
    5. Supervisory unions shall use funds received under this section to pay for reasonable costs of administering the Medicaid claims process, and school districts or supervisory unions shall use funds received under this section for prevention and intervention programs in prekindergarten through grade 12. The programs shall be designed to facilitate early identification of and intervention with children with disabilities and to ensure all students achieve rigorous and challenging standards approved and adopted by the State Board or locally adopted standards. A supervisory union shall provide annual written justification to the Secretary of Education on how it or its member districts used the funds. Such annual submission shall show how the funds' use is expressly linked to those provisions of the supervisory union's action plan that directly relate to improving student performance. A supervisory union shall include in its annual report the amount of the prior year's Medicaid reimbursement revenues and the use of Medicaid funds consistent with the purposes set forth in this subsection.
    6. Up to 30 percent of Medicaid reimbursements received under this section shall be available for administrative costs of the Agencies of Education and of Human Services related to the collection, processing, and reporting of education Medicaid reimbursements and statewide programs. The Secretaries of Education and of Human Services shall expend monies from the Fund only as appropriated by the General Assembly.
    7. Remaining reimbursed funds shall be deposited into the Education Fund.

      Amended 1999, No. 62 , § 126; 1999, No. 66 (Adj. Sess.), § 58, eff. Feb. 8, 2000; 2001, No. 142 (Adj. Sess.), § 186b; 2005, No. 182 (Adj. Sess.), § 19; 2005, No. 215 (Adj. Sess.), § 289; 2007, No. 192 (Adj. Sess.), § 6.024, eff. June 7, 2008; 2009, No. 44 , § 41, eff. May 21, 2009; 2013, No. 92 (Adj. Sess.), § 204, eff. Feb. 14, 2014; 2015, No. 148 (Adj. Sess.), § 1, eff. July 1, 2017.

    History

    Amendments--2015 (Adj. Sess.) Subsec. (c): Substituted "supervisory union" for "school district" twice.

    Subsec. (e): Amended generally.

    Amendments--2013 (Adj. Sess.). Section amended generally.

    Amendments--2009. Subsec. (e): Inserted "facilitate early identification of and intervention with children with disabilities and to" before "ensure" in the second sentence.

    Amendments--2007 (Adj. Sess.). Subsec. (f): Substituted "30 percent" for "20 percent" at the beginning of the first sentence.

    Amendments--2005 (Adj. Sess.). Act No. 182 added the fifth sentence in subsec. (e).

    Act No. 215 rewrote subsec. (b), added the third sentence in subsec. (d), added new subsec. (f), and redesignated former subsec. (f) as subsec. (g).

    Amendments--2001 (Adj. Sess.) Subsec. (c): Rewrote the second sentence and substituted "section" for " § " preceding "2950" in the last sentence.

    Subsec. (e): Inserted "to pay for reasonable costs of administering the Medicaid claims process, and" preceding "for prevention and intervention programs" in the first sentence.

    Amendments--1999 (Adj. Sess.). Subsec. (d): Substituted "for services provided in the prior state fiscal year" for "in one fiscal year" following "funds received" and inserted "the" preceding "$25,000,000 shall be" in the first sentence.

    Repeal of prospective repeal of subsecs. (c)-(e). 1999, No. 62 , § 128(b), which provided for the repeal of subsecs. (c)-(e) on June 30, 2002, was repealed by 2001, No. 142 (Adj. Sess.), § 186a.

    Education Medicaid receipts in fiscal year 2011. 2009, No. 156 (Adj. Sess.), § D.104 provides: "(a) Notwithstanding 16 V.S.A. § 2959a(g), during fiscal year 2011, after the application of subsections 2959a(a) through (f), any remaining Medicaid reimbursement funds shall be deposited in the general fund."

    Education Medicaid receipts in fiscal year 2009 and 2010. 2009, No. 1 (Sp. Sess.), § D.106(a) provides: "Notwithstanding 16 V.S.A. § 2959a(g), during fiscal year 2009 and fiscal year 2010, after the application of subsections (a) through (f), any remaining Medicaid reimbursement funds shall be deposited in the general fund."

    Retaining enhanced Federal Medical Assistance Percentage (FMAP). 2009, No. 1 (Sp. Sess.), § E.301.1 as amended by 2009, No. 1 56 (Adj. Sess.), § E.301.1 provides: "(a) Notwithstanding 16 V.S.A. § 2959a, to the extent possible, any additional federal funds received as a result of an enhanced FMAP (Federal Medical Assistance Percentage) that are associated with the certified expenditures specified in subdivisions (b)(1) through (6) of Sec. E.301 of this act shall be retained in the Global Commitment fund and shall not be transferred to the certifying entity.

    "(b) For the period of the enhanced FMAP, the funding allocated from the Catamount fund for Catamount Health program expenses within the Global Commitment waiver shall be calculated on the base underlying FMAP rate. This allocation may be prorated as necessary to ensure that the fund is in balance at the close of the fiscal year."

    § 2959b. Individualized education programs.

    A school district or supervisory union responsible for developing an individualized education program for a child with a disability may consider the cost of the provision of special education or related services to the child if:

    1. the district or supervisory union has developed the individualized education program in accordance with federal law through an individualized program team that included the parents;
    2. the individualized education program team has determined that the child's placement contained in the program is appropriate for the child as that term is defined in federal law; and
    3. all the options under consideration by the district or supervisory union for fulfilling the requirements of the child's individualized education program would constitute a free appropriate public education in the least restrictive environment for the child, as those terms are defined in federal law.

      Added 1999, No. 117 (Adj. Sess.), § 5.

    History

    2013 (Adj. Sess.). Substituted "individualized education program" for "individualized education plan" in the section heading and throughout the section in accordance with 2013, No. 92 (Adj. Sess.), 302(4).

    Subchapter 2. Aid for Special Education and Support Services

    History

    Amendments--1995 (Adj. Sess.) 1995, No. 157 (Adj. Sess.), § 12, rewrote the subchapter heading.

    Repeal of prospective repeal of subchapter. 1997, No. 60 , § 29, which provided for the repeal of this subchapter, consisting of sections 2961-2969, on July 1, 1998, was repealed by 1997, No. 71 (Adj. Sess.), § 106(c), eff. March 11, 1998.

    1995, No. 157 (Adj. Sess.), § 30(b), which provided for the repeal of this subchapter, consisting of sections 2961-2969, on July 1, 2001, was repealed by 2001, No. 8 , § 17.

    1989, No. 230 (Adj. Sess.), § 31(a), which provided for the repeal of 1987, No. 235 (Adj. Sess.), § 13, and of this subchapter, was repealed by 1995, No. 157 (Adj. Sess.), § 30(a)(1).

    § 2961. Standard mainstream block grants. Section 2961 effective until July 1, 2022; see also section 2961 effective July 1, 2022 set out below.

    1. Each supervisory union shall be eligible to receive a standard mainstream block grant each school year. The mainstream block grant shall be equal to the supervisory union's mainstream salary standard multiplied by 60 percent.
    2. The supervisory union shall expend all such assistance for special education services or for remedial or compensatory services in accordance with its service plan as required under section 2964 of this title. It shall likewise expend, from local funds, an amount not less than 40 percent of its mainstream salary standard for special education.
    3. As used in this section:
      1. "Mainstream salary standard" means:
        1. the supervisory union's full-time equivalent staffing for special education for the preceding year multiplied by the average special education teacher salary in the State for the preceding year; plus
        2. an amount equal to the average special education administrator salary in the State for the preceding year, plus, for any supervisory union with member districts that have in the aggregate more than 1,500 average daily membership, a fraction of an additional full-time equivalent salary for a special education administrator, the numerator of which is the aggregate average daily membership of the supervisory union's member districts minus 1,500, and the denominator of which is the aggregate average daily membership of member districts in the largest supervisory union in the State minus 1,500.
      2. "Full-time equivalent staffing" means 9.75 special education teaching positions per 1,000 average daily membership.
    4. If in any fiscal year, a supervisory union in which a school is maintained does not expend an amount equal to its mainstream salary standard on special education expenditures, the supervisory union may expend the balance, including the matching funds, to provide support and remedial services pursuant to section 2902 or 2903 of this title. A supervisory union choosing to expend funds in this way shall submit a report describing the services provided and their costs with the final financial report submitted under section 2968 of this title.

      Added 1987, No. 235 (Adj. Sess.), § 7; amended 1989, No. 230 (Adj. Sess.), § 15, eff. July 1, 1991; 1995, No. 157 (Adj. Sess.), § 13; 1997, No. 60 , §§ 30, 30a, eff. July 1, 1998; 2003, No. 130 (Adj. Sess.), § 6; 2015, No. 148 (Adj. Sess.), § 1, eff. July 1, 2017.

    § 2961. Census grant. Section 2961 effective July 1, 2022; see also section 2961 effective until July 1, 2022 set out above.

    1. As used in this section:
      1. "Average daily membership" shall have the same meaning as in subdivision 4001(1) of this title, except it shall exclude State-placed students.
      2. "Average daily membership of a supervisory union" means the aggregate average daily membership of the school districts that are members of the supervisory union or, for a supervisory district, the average daily membership of the supervisory district.
      3. "Long-term membership" of a supervisory union in any school year means the average of the supervisory union's average daily membership over the most recent three school years for which data are available.
      4. "Uniform base amount" means an amount determined by:
        1. dividing an amount:
          1. equal to the average State appropriation for fiscal years 2018, 2019, and 2020 for special education under sections 2961 (standard mainstream block grants), 2963 (special education expenditures reimbursement), and 2963a (exceptional circumstances) of this title; and
          2. increased by:
            1. for each of fiscal years 2021, 2022, and 2023, the annual change in the National Income and Product Accounts (NIPA) Implicit Price Deflator for State and Local Government Consumption Expenditures and Gross Investment as reported by the U.S. Department of Commerce, Bureau of Economic Analysis (inflation factor); and
            2. for each of fiscal years 2024, 2025, and 2026, the average inflation factor for fiscal years 2021, 2022, and 2023; by
        2. the statewide long-term membership.
    2. The State commits to satisfying its special education maintenance of fiscal support requirement under 34 C.F.R. § 300.163(a).
    3. Each supervisory union shall receive a census grant each fiscal year to support the provision of special education services to students on an individualized education program. Supervisory unions shall use this funding and other available sources of funding to provide special education services to students in accordance with their individualized education programs as mandated under federal law. A supervisory union may use census grant funds to support the delivery of the supervisory union's comprehensive system of educational services under sections 2901 and 2902 of this title, but shall not use census grant funds in a manner that abrogates its responsibility to provide special education services to students in accordance with their individualized education programs as mandated under federal law.
        1. For fiscal year 2023, the amount of the census grant for a supervisory union shall be: (d) (1) (A)  For fiscal year 2023, the amount of the census grant for a supervisory union shall be:
          1. the average amount it received for fiscal years 2018, 2019, and 2020 from the State for special education under sections 2961 (standard mainstream block grants), 2963 (special education expenditures reimbursement), and 2963a (exceptional circumstances) of this title; increased by
          2. the annual change in the National Income and Product Accounts (NIPA) Implicit Price Deflator for State and Local Government Consumption Expenditures and Gross Investment as reported by the U.S. Department of Commerce, Bureau of Economic Analysis.
        2. The amount determined under subdivision (A) of this subdivision (1) shall be divided by the supervisory union's long-term membership, to determine the base amount of the census grant, which is the amount of the census grant calculated on a per student basis.
      1. For fiscal year 2027 and subsequent fiscal years, the amount of the census grant for a supervisory union shall be the uniform base amount multiplied by the supervisory union's long-term membership.
      2. For fiscal years 2024, 2025, and 2026, the amount of the census grant for a supervisory union shall be determined by multiplying the supervisory union's long-term membership by a base amount established under this subdivision. The base amounts for each supervisory union for fiscal years 2024, 2025, and 2026 shall move gradually the supervisory union's fiscal year 2023 base amount to the fiscal year 2027 uniform base amount by prorating the change between the supervisory union's fiscal year 2023 base amount and the fiscal year 2027 uniform base amount over this three-fiscal-year period.

        Added 1987, No. 235 (Adj. Sess.), § 7; amended 1989, No. 230 (Adj. Sess.), § 15, eff. July 1, 1991; 1995, No. 157 (Adj. Sess.), § 13; 1997, No. 60 , §§ 30, 30a, eff. July 1, 1998; 2003, No. 130 (Adj. Sess.), § 6; 2015, No. 148 (Adj. Sess.), § 1, eff. July 1, 2017; 2017, No. 173 (Adj. Sess.), § 5, eff. July 1, 2021; 2019, No. 112 (Adj. Sess.), § 1, eff. July 1, 2022.

    History

    Amendments--2019 (Adj. Sess.). Section amended generally.

    Amendments--2017 (Adj. Sess.). Rewrote the section.

    Amendments--2015 (Adj. Sess.) Subsec. (a): Amended generally.

    Subsec. (b): Substituted "supervisory union" for "district".

    Subdiv. (c)(1)(A): Substituted "supervisory union's" for "district's".

    Subdiv. (c)(1)(B): Subdiv. amended generally.

    Subsec. (d): Amended generally.

    Amendments--2003 (Adj. Sess.). Subsec. (a): In the first sentence inserted "city school district, union school district" following "school district", deleted "and" following "school district", and inserted "and the member school districts of an interstate school district", effective July 1, 2006.

    Amendments--1997 Subdiv. (c)(2): Substituted "9.75" for "5.25" preceding "special education".

    Subsec. (d): Added.

    Amendments--1995 (Adj. Sess.) Subsec. (a): Inserted "town" preceding "school district" and inserted "unified union school district and incorporated school district" thereafter in the first sentence.

    Subsec. (b): Deleted "school" preceding "district" in the first sentence.

    Subsec. (c): Deleted "maximum" preceding "average" and substituted "the largest" for "any" preceding "supervisory union" in the first sentence of subdiv. (1)(B), amended subdiv. (2) generally, and deleted subdiv. (3).

    Amendments--1989 (Adj. Sess.). Substituted "school" for "supervisory union or supervisory" and "salary standard" for "service cost" wherever it appeared, inserted "standard" following "receive a" in the first sentence of subsec. (a) and "or for remedial or compensatory services in accordance with its service plan as required under 16 V.S.A. § 2964" following "services" in the first sentence of subsec. (b), and amended subsec. (c) generally.

    Effective date of 2017 (Adj. Sess.) amendment. 2017, No. 173 (Adj. Sess.), § 5, as amended by 2019, No. 112 (Adj. Sess.), § 10(b), provides that the amendment to this section by 2017, No. 173 (Adj. Sess.), § 5 shall take effect July 1, 2022.

    § 2961a. Repealed. 1995, No. 157 (Adj. Sess.), § 30(a)(3).

    History

    Former § 2961a. Former § 2961a, which related to the extended mainstream block grant, was derived from 1989, No. 230 (Adj. Sess.), § 17.

    § 2962. Extraordinary services reimbursement. Section 2962 effective until July 1, 2022; see also section 2962 effective July 1, 2022 set out below.

    1. Except as otherwise provided in this subchapter, extraordinary services reimbursement shall be payable, based on where the related cost is incurred, to a town school district, city school district, union school district, unified union school district, incorporated school district, the member school districts of an interstate school district, an unorganized town or gore, or to a supervisory union.
    2. The amount of extraordinary services reimbursement provided to each district or supervisory union shall be equal to 95 percent of its extraordinary special education expenditures.
    3. As used in this subchapter, "extraordinary special education expenditures" means a school district's or supervisory union's allowable expenditures that for any one child exceed $60,000.00 for a fiscal year. In this subsection, child means a student with disabilities who is three years of age or older in the current school year. The State Board shall define allowable expenditures that shall include any expenditures required under federal law, and any costs of mediation conducted by a mediator who is approved by the Secretary.

      Added 1987, No. 235 (Adj. Sess.), § 7; amended 1989, No. 107 , § 6; 1989, No. 230 (Adj. Sess.), §§ 18, 26; 1995, No. 157 (Adj. Sess.), § 14, eff. July 1, 1997; 1995, No. 157 (Adj. Sess.), § 22; 1997, No. 60 , § 30b, eff. July 1, 1998; 2003, No. 36 , § 13; 2003, No. 130 (Adj. Sess.), § 7; 2013, No. 92 (Adj. Sess.), § 205, eff. Feb. 14, 2014; 2015, No. 148 (Adj. Sess.), § 1, eff. July 1, 2017; 2017, No. 173 (Adj. Sess.), § 14, eff. July 1, 2019.

    § 2962. Extraordinary special education reimbursement. Section 2962 effective July 1, 2022; see also section 2962 effective until July 1, 2022 set out above

      1. As used in this section, "child" means a student with disabilities who is three years of age or older in the current school year. (a) (1)  As used in this section, "child" means a student with disabilities who is three years of age or older in the current school year.
      2. As used in this subchapter, "extraordinary expenditures" means a supervisory union's allowable special education expenditures that for any one child in a fiscal year exceed $60,000.00, increased annually by the annual change in the National Income and Product Accounts (NIPA) Implicit Price Deflator for State and Local Government Consumption Expenditures and Gross Investment as reported by the U.S. Department of Commerce, Bureau of Economic Analysis.
      3. The State Board of Education shall define allowable special education expenditures that shall include any expenditures required under federal law in order to implement fully individual education programs under the Individuals with Disabilities Education Act, 20 U.S.C. chapter 33, and any costs of mediation conducted by a mediator who is approved by the Secretary.
    1. If a supervisory union has extraordinary expenditures, it shall be eligible for extraordinary special education reimbursement (extraordinary reimbursement) as provided in this section.
    2. A supervisory union that has extraordinary expenditures in a fiscal year for any one child shall be eligible for extraordinary reimbursement equal to:
      1. an amount equal to its special education expenditures in that fiscal year for that child that exceed the extraordinary expenditures threshold amount under subdivision (a)(2) of this section (excess expenditures) multiplied by 95 percent; plus
      2. an amount equal to the lesser of:
        1. the amount of its excess expenditures; or
          1. the extraordinary expenditures threshold amount under subdivision (a)(2) of this section; minus (B) (i) the extraordinary expenditures threshold amount under subdivision (a)(2) of this section; minus
          2. the base amount of the census grant received by the supervisory union under subsection 2961(d) of this title for that fiscal year; multiplied by
          3. 60 percent.
    3. The State Board of Education shall establish by rule the administrative process for supervisory unions to submit claims for extraordinary reimbursement under this section and for the review and payment of those claims.
    4. Under section 2973 of this title, a supervisory union, in its role as the local education agency, may place a student with an individualized education program under the Individuals with Disabilities Education Act, 20 U.S.C. chapter 33, with certain approved independent schools that accept public tuition. If the approved independent school is entitled to special education cost reimbursement under that section, it may bill the supervisory union for excess special education costs incurred by the independent school in providing special education services to that student beyond those covered by general tuition. If those costs for that student exceed the extraordinary expenditures threshold as defined in subdivision (a)(2) of this section, the supervisory union shall be entitled to extraordinary reimbursement under this section for that student as if it incurred those costs directly.

      Added 1987, No. 235 (Adj. Sess.), § 7; amended 1989, No. 107 , § 6; 1989, No. 230 (Adj. Sess.), §§ 18, 26; 1995, No. 157 (Adj. Sess.), § 14, eff. July 1, 1997; 1995, No. 157 (Adj. Sess.), § 22; 1997, No. 60 , § 30b, eff. July 1, 1998; 2003, No. 36 , § 13; 2003, No. 130 (Adj. Sess.), § 7; 2013, No. 92 (Adj. Sess.), § 205, eff. Feb. 14, 2014; 2015, No. 148 (Adj. Sess.), § 1, eff. July 1, 2017; 2017, No. 173 (Adj. Sess.), § 14, eff. July 1, 2019; 2017, No. 173 (Adj. Sess.), § 5, eff. July 1, 2022.

    History

    Amendments--2017 (Adj. Sess.). Subsec. (a): Act No. 173, § 14, substituted "an unorganized town" for "and unorganized town" at the end of the sentence.

    Subsec. (b): Act No. 173, § 14, substituted "95 percent" for "90 percent".

    Subsec. (c): Act No. 173, § 14, substituted "$60,000.00" for "$50,000.00" in the first sentence.

    Act No. 173, § 5, rewrote the section.

    Effective date of 2017 (Adj. Sess.) amendment. 2017, No. 173 (Adj. Sess.), § 5, as amended by 2019, No. 112 (Adj. Sess.), § 10(b), provides that the amendment to this section by 2017, No. 173 (Adj. Sess.), § 5 shall take effect July 1, 2022.

    § 2963. Special education expenditures reimbursement. Section 2963 repealed effective July 1, 2022.

    1. Based on where the related cost is incurred, each town school district, city school district, union school district, unified union school district, incorporated school district, the member school districts of an interstate school district, and unorganized town or gore or supervisory union shall receive a special education expenditures reimbursement grant each school year.
    2. The amount of a school district's or supervisory union's special education expenditures reimbursement shall be equal to the total of its special education expenditures multiplied by the reimbursement rate for that year.
    3. As used in this subchapter:
      1. Special education expenditures are allowable expenditures for special education, as defined by rule of the State Board, less the following:
        1. revenue from federal aid for special education;
        2. mainstream service costs, as defined in subdivision 2961(c)(1) of this title;
        3. extraordinary special education expenditures, as defined in section 2962 of this title;
        4. any transportation expenses already reimbursed;
        5. special education costs for a student eligible for aid under section 2963a of this title; and
        6. other State funds used for special education costs as defined by the State Board by rule.
      2. The State Board shall define allowable expenditures under this subsection. Allowable expenditures shall include any expenditures required under federal law.
      3. "Special education expenditures reimbursement rate" means a percentage of special education expenditures that is calculated to achieve the 60 percent share required by subsection 2967(b) of this title.
    4. [Repealed.]

      Added 1987, No. 235 (Adj. Sess.), § 7; amended 1989, No. 107 , § 7; 1989, No. 230 (Adj. Sess.), § 19, eff. July 1, 1991; 1991, No. 104 , § 1, eff. June 27, 1991; 1991, No. 104 , § 3; 1995, No. 157 (Adj. Sess.), § 15, eff. July 1, 1997; 1997, No. 60 , § 30c, eff. July 1, 1998; 1997, No. 71 (Adj. Sess.), § 114, eff. March 11, 1998; 2001, No. 8 , § 13; 2003, No. 36 , § 14; 2003, No. 130 (Adj. Sess.), § 8; 2015, No. 148 (Adj. Sess.), § 1, eff. July 1, 2017; repealed on July 1, 2022 by 2017, No. 173 (Adj. Sess.), § 5, as amended by 2019, No. 112 (Adj. Sess.), § 10(b).

    History

    Amendments--2015 (Adj. Sess.). Subsec. (a): Amended generally.

    Subsec. (b): Inserted "or supervisory union's" following "school district's".

    Amendments--2003 (Adj. Sess.). Subsec. (a): Inserted "city school district, union school district" following "school district", deleted "and" following "school district", and inserted "the member school districts of an interstate school district, and unorganized town or gore" preceding "shall receive", effective July 1, 2006.

    Amendments--2003. Subsec. (a): Inserted "gore, unorganized town" following "school district".

    Amendments--2001. Subsec. (a): Inserted "town" preceding "school district" and "unified union school district and incorporated school district" thereafter.

    Amendments--1997 (Adj. Sess.). Subdiv. (c)(1): Rewrote former subdiv. (C) as present subdivs. (C) and (D), added subdiv. (E), and redesignated former subdiv. (D) as subdiv. (F).

    Amendments--1997 Section amended generally.

    Amendments--1995 (Adj. Sess.) Subdiv. (c)(1): Substituted "Public Law 101-476" for "Public Law 94-142, Public Law 89-313", and added subdiv. (D).

    Subdiv. (c)(2): Amended generally.

    Subdiv. (c)(3)(C): Added the second sentence.

    Amendments--1991. Subsec. (d): Added by Act No. 104 § 1.

    Repealed by Act No. 104 § 3.

    Amendments--1989 (Adj. Sess.). Subsec. (a): Substituted "school" for "supervisory union and supervisory" preceding "district".

    Subsec. (b): Substituted "school" for "supervisory union and supervisory" preceding "district's" and substituted "its" for "each member district's" following "total of".

    Amendments--1989. Subsec. (a): Added "except as otherwise provided in this subchapter" preceding "each supervisory union".

    Effective date of 2017 (Adj. Sess.) amendment. 2017, No. 173 (Adj. Sess.), § 5, as amended by 2019, No. 112 (Adj. Sess.), § 10(b), provides that the amendment to this section by 2017, No. 173 (Adj. Sess.), § 5 shall take effect July 1, 2022.

    § 2963a. Exceptional circumstances. Section 2963a repealed effective July 1, 2022.

    1. In lieu of reimbursement under section 2963 of this title, the Secretary shall reimburse a school district or supervisory union for 80 percent of the costs not eligible for reimbursement under section 2962 of this title for each student causing the school district or supervisory union to be eligible for extraordinary services reimbursement pursuant to that section. However, in order for a school district or supervisory union to be eligible for reimbursement under this section, the total costs of the school district or supervisory union eligible for extraordinary services reimbursement must equal or exceed 15 percent of the total costs eligible for State assistance under sections 2961, 2962, and 2963 of this title.
    2. An eligible school district or supervisory union may apply to the Secretary to receive reimbursement under this section. The Secretary shall award reimbursement to a school district or supervisory union under this section if the Secretary makes a determination that the school district or supervisory union considered all the cost-effective and appropriate available alternatives for placement and programs for students before incurring these costs. A decision of the Secretary shall be final.

      Added 1997, No. 71 (Adj. Sess.), § 87, eff. March 11, 1998; amended 1999, No. 108 (Adj. Sess.), § 2, eff. May 10, 2000; 2005, No. 182 (Adj. Sess.), § 22; 2013, No. 92 (Adj. Sess.), § 206, eff. Feb. 14, 2014; 2015, No. 148 (Adj. Sess.), § 1, eff. July 1, 2017; repealed on July 1, 2022 by 2019, No. 72 , § E.502.2, as amended by 2019, No. 112 (Adj. Sess.), § 10(b).

    History

    Amendments--2015 (Adj. Sess.). Subsec. (a). Rewrote the subsec.

    Subsec. (b): Inserted "or supervisory union" following "district" three times.

    Amendments--2013 (Adj. Sess.). Subsec. (a): Substituted "In lieu" for "The commissioner of education, in place" and inserted "the Secretary".

    Subsec. (b): Substituted "Secretary" for "commissioner" throughout the subsec.

    Amendments--2005 (Adj. Sess.). Made a minor change in punctuation in subdiv. (a)(1), and deleted the second sentence in subdiv. (a)(2).

    Amendments--1999 (Adj. Sess.). Subdiv. (a)(2): Substituted "a student in a program operated by the Vermont Center for the Deaf and Hard of Hearing" for "a resident student in the Austine School for the Deaf" in the first sentence effective July 1, 1998.

    Effective date of 2017 (Adj. Sess.) amendment. 2017, No. 173 (Adj. Sess.), § 5, as amended by 2019, No. 112 (Adj. Sess.), § 10(b), provides that the amendment to this section by 2017, No. 173 (Adj. Sess.), § 5 shall take effect July 1, 2022.

    § 2964. Service plan. Section 2964 repealed effective July 1, 2022.

    1. As a condition of receiving assistance under this subchapter, a supervisory union shall file a service plan with the Secretary annually on or before October 15. The service plan shall contain the anticipated special education expenditures for the following school year for the supervisory union and its member districts. The plan shall be in a form prescribed by the Secretary and shall include information on services planned and anticipated expenditures.
    2. If a supervisory union fails to file a service plan by October 15, the Secretary may withhold any funds due the supervisory union and its member districts under this title until a service plan is filed and accepted by the Secretary as properly completed.

      Added 1987, No. 235 (Adj. Sess.), § 7; amended 1989, No. 107 , § 8; amended 1989, No. 230 (Adj. Sess.), § 20, eff. July 1, 1991; 1995, No. 157 (Adj. Sess.), § 16; 2013, No. 92 (Adj. Sess.), § 207, eff. Feb. 14, 2014; 2015, No. 148 (Adj. Sess.), § 1, eff. July 1, 2017; repealed on July 1, 2022 by 2019, No. 72 , § E.502.2 as amended by 2019, No. 112 (Adj. Sess.), § 10(b).

    History

    Amendments--2015 (Adj. Sess.). Subsec. (a): Inserted "for the supervisory union and its member districts" at the end of the second sentence.

    Subsec. (b): Substituted "union and its member districts" for "district or school districts".

    Amendments--2013 (Adj. Sess.). Substituted "Secretary" for "commissioner" throughout the section and deleted "or supervisory district" following "union" in subsec. (a) and "or district" following "October 15, the" in subsec. (b).

    Amendments--1995 (Adj. Sess.) Designated the existing text of the section as subsec. (a) and amended that subsection generally, and added subsec. (b).

    Amendments--1989 (Adj. Sess.). Rewrote the section heading, deleted the subsec. (a) designation at the beginning of the section, deleted "special education" preceding "service plan" in the first sentence, and deleted subsec. (b).

    Amendments--1989. Subsec. (b): Amended generally.

    Effective date of 2017 (Adj. Sess.) amendment. 2017, No. 173 (Adj. Sess.), § 5, as amended by 2019, No. 112 (Adj. Sess.), § 10(b), provides that the amendment to this section by 2017, No. 173 (Adj. Sess.), § 5 shall take effect July 1, 2022.

    § 2965. Withholding of aid.

    If a supervisory union, school district, or agency fails to meet its legally established obligations toward a child with a disability or the child's parent, and as a result the Agency of Education incurs costs to meet these obligations beyond those otherwise incurred under this chapter, the Secretary shall withhold the amount of funds incurred from any grants due the supervisory union, school district, or agency under this subchapter.

    Added 1987, No. 235 (Adj. Sess.), § 7; amended 1995, No. 157 (Adj. Sess.), § 22; 2013, No. 92 (Adj. Sess.), § 208, eff. Feb. 14, 2014; 2015, No. 148 (Adj. Sess.), § 1, eff. July 1, 2017.

    History

    Amendments--2015 (Adj. Sess.). Substituted "supervisory union, school district, or agency" for "district or agency" twice.

    Amendments--2013 (Adj. Sess.). Substituted "Agency of Education" for "department of education" and "Secretary" for "commissioner".

    Amendments--1995 (Adj. Sess.) Substituted "child with a disability" for "handicapped child".

    § 2966. Repealed. 1995, No. 157 (Adj. Sess.), § 30(a)(4).

    History

    Former § 2966. Former § 2966, which related to budget reports of supervisory unions and districts, was derived from 1987, No. 235 (Adj. Sess.), § 7.

    § 2967. Aid projection; State share. Section 2967 effective until July 1, 2022; see also section 2967 effective July 1, 2022 set out below.

    1. On or before December 15, the Secretary shall publish an estimate, by supervisory union and its member districts to the extent they anticipate reimbursable expenditures under this chapter, of the amount of State assistance necessary to fully fund sections 2961 through 2963 of this title in the ensuing school year.
    2. The total expenditures made by the State in any fiscal year pursuant to this chapter shall be 60 percent of the statewide total special education expenditures of funds that are not derived from federal sources. Special education expenditures shall include:
      1. costs eligible for grants and reimbursements under sections 2961 through 2963a of this title;
      2. costs for services for persons who are visually impaired and persons who are deaf and hard of hearing;
      3. costs for the interdisciplinary team program;
      4. costs for regional specialists in multiple disabilities;
      5. funds expended for training and programs to meet the needs of students with emotional behavioral problems under subsection 2969(c) of this title; and
      6. funds expended for training under subsection 2969(d) of this title.

        Added 1987, No. 235 (Adj. Sess.), § 7; amended 1989, No. 230 (Adj. Sess.), § 27; 1995, No. 157 (Adj. Sess.), § 17; 1997, No. 60 , § 30d, eff. July 1, 1998; 1997, No. 71 (Adj. Sess.), § 88, eff. March 11, 1998; 2003, No. 36 , § 15; 2003, No. 130 (Adj. Sess.), § 9; 2011, No. 58 , § 5, eff. May 31, 2011; 2013, No. 92 (Adj. Sess.), § 209, eff. Feb. 14, 2014; 2013, No. 96 (Adj. Sess.), § 79; 2013, No. 142 (Adj. Sess.), § 31; 2015, No. 131 (Adj. Sess.), § 25; 2015, No. 148 (Adj. Sess.), § 1, eff. July 1, 2017.

    § 2967. Aid projection. Section 2967 effective July 1, 2022; see also section 2967 effective until July 1, 2022 set out above.

    1. On or before December 15, the Secretary shall publish an estimate, by each supervisory union, of its anticipated State special education funding under this chapter for the ensuing school year.
    2. As used in this section, State special education funding shall include:
      1. funds eligible for grants and reimbursements under sections 2961 and 2962 of this title;
      2. funds for services for persons who are visually impaired;
      3. funds for persons who are deaf or hard of hearing;
      4. funds for the interdisciplinary team program;
      5. funds expended for training and programs to meet the needs of students with emotional or behavioral challenges under subsection 2969(c) of this title; and
      6. funds expended for training under subsection 2969(d) of this title.

        Added 1987, No. 235 (Adj. Sess.), § 7; amended 1989, No. 230 (Adj. Sess.), § 27; 1995, No. 157 (Adj. Sess.), § 17; 1997, No. 60 , § 30d, eff. July 1, 1998; 1997, No. 71 (Adj. Sess.), § 88, eff. March 11, 1998; 2003, No. 36 , § 15; 2003, No. 130 (Adj. Sess.), § 9; 2011, No. 58 , § 5, eff. May 31, 2011; 2013, No. 92 (Adj. Sess.), § 209, eff. Feb. 14, 2014; 2013, No. 96 (Adj. Sess.), § 79; 2013, No. 142 (Adj. Sess.), § 31; 2015, No. 131 (Adj. Sess.), § 25; 2015, No. 148 (Adj. Sess.), § 1, eff. July 1, 2017; 2017, No. 173 (Adj. Sess.), § 5, eff. July 1, 2022; 2019, No. 112 (Adj. Sess.), § 2, eff. July 1, 2022.

    History

    2016. The text of this section is based on the harmonization of two amendments. During the 2015 Adjourned Session, this section was amended twice, by Act Nos. 131 and 148, resulting in two versions of this section. In order to reflect all of the changes enacted by the Legislature during the 2015 Adjourned Session, the text of Act Nos. 131 and 148 was merged to arrive at a single version of this section. The changes that each of the amendments made are described in the amendment notes set out below.

    Amendments--2019 (Adj. Sess.). Subsec. (a) and introductory language of subsec. (b): Inserted "State" and substituted "funding" for "expenditures"

    Subdivs. (b)(1)-(b)(4): substituted "funds" for "costs"

    Amendments--2017 (Adj. Sess.). Section heading: Deleted "; State Share".

    Subsec. (a): Substituted "by each supervisory union, of its anticipated special education expenditures" for "by supervisory union and its member districts to the extent they anticipate reimbursable expenditures", deleted ", of the amount of State assistance necessary to fully fund sections 2961 through 2963 of this title", and inserted "for" preceding "the ensuing school year.".

    Subsec. (b): Amended generally.

    Amendments--2015 (Adj. Sess.). Subsec. (a): Act No 131 deleted the final sentence.

    Subsec. (a): Act No. 148 amended generally.

    Amendments--2013 (Adj. Sess.). Subsec. (a): Act No. 96 substituted "Secretary" for "commissioner".

    Subsec. (a): Act No. 142 added the second sentence.

    Subdiv. (b)(2): Act Nos. 92 and 96 substituted "persons who are" for "the" preceding "visually" and "persons who are deaf and hard of hearing" for "hearing impaired" following "impaired and".

    Amendments--2011. Subdiv. (b)(2): Substituted "impaired" for "handicapped" following "visually".

    Subdiv. (b)(4): Deleted "multi-handicapped" following "regional" and inserted "in multiple disabilities" following "specialists".

    Amendments--2003 (Adj. Sess.). Subsec. (a): Inserted "city school district, union school district" preceding "unified union", deleted "and" following "school district", and inserted "and the member school districts of an interstate school district" preceding "of the amount", effective July 1, 2006.

    Amendments--2003. Subsec. (a): Inserted "gore, unorganized town" following "school district".

    Amendments--1997 (Adj. Sess.). Subsec. (b): Rewrote the introductory paragraph, inserted "costs eligible for" preceding "grants" and substituted "2963a" for "2963" in subdiv. (1), added "costs for" in subdivs. (2)-(4), and rewrote subdiv. (6).

    Amendments--1997 Subsec. (b): Amended generally.

    Amendments--1995 (Adj. Sess.) Subsec. (a): Substituted "by town school district, unified union school district and incorporated school district" for "by supervisory union or supervisory district" following "estimate".

    Amendments--1989 (Adj. Sess.). Subsec. (b): Amended generally.

    Effective date of 2017 (Adj. Sess.) amendment. 2017, No. 173 (Adj. Sess.), § 5, as amended by 2019, No. 112 (Adj. Sess.), § 10(b), provides that the amendment to this section by 2017, No. 173 (Adj. Sess.), § 5 shall take effect July 1, 2022.

    § 2968. Reports. Section 2968 repealed effective July 1, 2022.

    1. On or before November 15, March 15, and August 1 of each school year, each supervisory union and its member districts to the extent they incur reimbursable expenditures under this chapter shall file a financial report with the Secretary in a form prescribed by the Secretary. The report shall describe total expenditures for special education actually incurred during the preceding period, and shall describe revenues derived from different funding sources, including federal assistance, State assistance under this chapter, and local effort.
    2. If a supervisory union or its member districts that have incurred reimbursable expenditures under this chapter fail to file a complete report by August 1, until the properly completed August 1 report is filed and accepted by the Secretary, the Secretary may withhold any funds due the supervisory union or school district under this title and shall subtract $100.00 per business day from funds due to the supervisory union or school district under this title for that fiscal year. The Secretary may waive the $100.00 penalty required under this subsection upon appeal by the supervisory union or school district. The Secretary shall establish procedures for administration of this subsection.
    3. The Secretary shall review and monitor the reports received pursuant to subsection (a) of this section as well as the service plans received pursuant to section 2964 of this title, and shall assist supervisory unions and school districts to complete and submit these documents in a timely and accurate fashion.
    4. Special education receipts and expenditures shall be included within the audits required of a supervisory union and its member districts that have incurred reimbursable expenditures under this chapter pursuant to section 323 of this title.

      Added 1987, No. 235 (Adj. Sess.), § 7; amended 1989, No. 230 (Adj. Sess.), § 21; 1995, No. 157 (Adj. Sess.), § 18; 2013, No. 92 (Adj. Sess.), § 210, eff. Feb. 14, 2014; 2015, No. 148 (Adj. Sess.), § 1, eff. July 1, 2017; repealed on July 1, 2022 by 2019, No. 72 , § E.502.2, as amended by 2019, No. 112 (Adj. Sess.), § 10(b).

    History

    Amendments--2015 (Adj. Sess.). Section amended generally.

    Amendments--2013 (Adj. Sess.). Substituted "Secretary" for "commissioner" throughout the section, in subsec. (a) substituted "school" for "supervisory" and deleted "but not limited to" following "including", in subsec. (b) inserted "school" following "union or" and "supervisory union or school" following "due to the", and in subsec. (c) substituted "received pursuant to" for "set forth in" twice.

    Amendments--1995 (Adj. Sess.) Subsec. (a): Substituted "August 1" for "July 15" in the first sentence.

    Subsec. (b): Amended generally.

    Subsec. (d): Added.

    Amendments--1989 (Adj. Sess.). Deleted "Quarterly" preceding "reports" in the section heading, substituted "November 15, March 15, and July 15 of each school year" for "October 15, January 15, and April 15 of each school year, and on or before August 15" following "each school year" and "supervisory" for "school" preceding "district" in the first sentence and "period" for "quarter" following "preceding" in the second sentence of subsec. (a) and added subsec. (c).

    Effective date of 2017 (Adj. Sess.) amendment. 2017, No. 173 (Adj. Sess.), § 5, as amended by 2019, No. 112 (Adj. Sess.), § 10(b), provides that the amendment to this section by 2017, No. 173 (Adj. Sess.), § 5 shall take effect July 1, 2022.

    § 2969. Payments. Section 2969 effective until July 1, 2022; see also section 2969 effective July 1, 2022 set out below.

    1. On or before August 15, December 15, and April 15 of each school year, the State Treasurer shall withdraw from the Education Fund, based on warrant of the Commissioner of Finance and Management, and shall forward to each supervisory union and its member districts to the extent they anticipate reimbursable expenditures under this chapter, the amount of State assistance estimated in accordance with State Board rules to be necessary to fund sections 2961 through 2963a of this title in the current fiscal period. The State Board shall by rule ensure that the amount of such assistance shall be adjusted to compensate for any overpayments or underpayments determined, after review and acceptance of the reports submitted under section 2968 of this title, to have been made in previous periods. Notwithstanding this subsection, failure to submit the reports within the timelines established by subsection 2968(a) of this title shall result in the withholding of any payments until the report is filed.
    2. [Repealed.]
    3. For the purpose of meeting the needs of students with emotional behavioral problems, each fiscal year the Secretary shall use for training, program development, and building school and regional capacity, up to one percent of the State funds appropriated under this subchapter.
    4. For the training of teachers, administrators, and other personnel in the identification and evaluation of, and provision of education services to children who require educational supports, each fiscal year the Secretary shall use up to 0.75 percent of the State funds appropriated under this subchapter. In order to set priorities for the use of these funds, the Secretary shall identify effective practices and areas of critical need. The Secretary may expend up to five percent of these funds for statewide training and shall distribute the remaining funds to school districts or supervisory unions.
    5. School districts and supervisory unions that apply for funds under this section must submit a plan for training that will result in lasting changes in their school systems and give assurances that at least 50 percent of the costs of training, including in-kind costs, will be assumed by the applicant. The Secretary shall establish written procedures and criteria for the award of such funds. In addition, the Secretary may identify schools most in need of training assistance and may pay for 100 percent of the assistance to the supervisory union or school district for these schools to fund the provision of training assistance for these schools.

      Added 1989, No. 107 , § 9; amended 1989, No. 230 (Adj. Sess.), §§ 7, 22; 1995, No. 157 (Adj. Sess.), § 19 eff. July 1, 1997; 1995, No. 157 (Adj. Sess.), § 24; 1997, No. 60 , § 30e, eff. July 1, 1998; 1997, No. 71 (Adj. Sess.), § 116, eff. March 11, 1998; 2005, No. 71 , § 267; 2013, No. 92 (Adj. Sess.), § 211, eff. Feb. 14, 2014; 2015, No. 148 (Adj. Sess.), § 1, eff. July 1, 2017.

    § 2969. Payments. Section 2969 effective July 1, 2022; see also section 2969 effective until July 1, 2022 set out above.

      1. On or before August 15, December 15, and April 15 of each fiscal year, the State Treasurer shall withdraw from the Education Fund, based on a warrant issued by the Commissioner of Finance and Management, and shall forward to each supervisory union one-third of the census grant due to the supervisory union under section 2961 of this title for that fiscal year. (a) (1)  On or before August 15, December 15, and April 15 of each fiscal year, the State Treasurer shall withdraw from the Education Fund, based on a warrant issued by the Commissioner of Finance and Management, and shall forward to each supervisory union one-third of the census grant due to the supervisory union under section 2961 of this title for that fiscal year.
      2. On or before November 15, January 15, April 15, and August 1 of each school year, each supervisory union, to the extent it incurs extraordinary expenditures under section 2962 of this title, shall file a financial report with the Secretary in a form prescribed by the Secretary. The report shall describe total extraordinary expenditures actually incurred during the reporting period.
      3. On or before December 15, February 15, May 15, and September 15 of each school year, based on a warrant issued by the Commissioner of Finance and Management, the State Treasurer shall withdraw from the Education Fund and shall forward to each supervisory union the amount of extraordinary reimbursement incurred by the supervisory union under section 2962 of this title that is unreimbursed and determined by the Agency of Education to be payable to the supervisory union.
    1. [Repealed.]
    2. For the purpose of meeting the needs of students with emotional or behavioral challenges, each fiscal year the Secretary shall use for training, program development, and building school and regional capacity up to one percent of the State funds appropriated under this subchapter.
    3. For the training of teachers, administrators, and other personnel in the identification and evaluation of and provision of educational services to children who require educational supports, each fiscal year the Secretary shall use up to 0.75 percent of the State funds appropriated under this subchapter. In order to set priorities for the use of these funds, the Secretary shall identify effective practices and areas of critical need. The Secretary may expend up to five percent of these funds for statewide training and shall distribute the remaining funds to school districts or supervisory unions.
    4. School districts and supervisory unions that apply for funds under this section must submit a plan for training that will result in lasting changes in their school systems and give assurances that at least 50 percent of the costs of training, including in-kind costs, will be assumed by the applicant. The Secretary shall establish written procedures and criteria for the award of such funds. In addition, the Secretary may identify schools most in need of training assistance and may pay for 100 percent of the assistance to the supervisory union or school district for these schools to fund the provision of training assistance for these schools.

      Added 1989, No. 107 , § 9; amended 1989, No. 230 (Adj. Sess.), §§ 7, 22; 1995, No. 157 (Adj. Sess.), § 19 eff. July 1, 1997; 1995, No. 157 (Adj. Sess.), § 24; 1997, No. 60 , § 30e, eff. July 1, 1998; 1997, No. 71 (Adj. Sess.), § 116, eff. March 11, 1998; 2005, No. 71 , § 267; 2013, No. 92 (Adj. Sess.), § 211, eff. Feb. 14, 2014; 2015, No. 148 (Adj. Sess.), § 1, eff. July 1, 2017; 2017, No. 173 (Adj. Sess.), § 5, eff. July 1, 2022.

    History

    2007. To make this section correspond with statutory cross references in § 2967(b)(5)-(6) of this title, redesignated subsecs. (b) and (c) as (c) and (d).

    Amendments--2017 (Adj. Sess.). Subdiv. (a)(1): Amended generally.

    Subdivs. (a)(2), (a)(3): Added.

    Subsec. (c): Substituted "or behavioral challenges," for "behavioral problems" following "emotional".

    Subsec. (d): Substituted "educational services" for "education services" following "and provision of" in the first sentence.

    Amendments--2015 (Adj. Sess.). Subsec. (a): Rewrote the first sentence.

    Subsec. (b): Substituted "[Repealed.]" for "[Deleted.]".

    Subsec. (e): Rewrote the last sentence.

    Amendments--2013 (Adj. Sess.). Substituted "Secretary" for "commissioner" throughout the section, in subsec. (d) designated the second provision as subsec. (e), substituted "For" for "Each fiscal year the commissioner shall use for" and inserted "each fiscal year the Secretary shall use" following "supports", and in subsec. (e) substituted "that" for "which" and "the assistance" for "help".

    Amendments--2005 Deleted former subsec. (b) and redesignated former subsecs. (c) and (d) as present subsecs. (b) and (c), and in subsec. (c), inserted "up to" preceding "0.75 percent" in the first sentence.

    Amendments--1997 (Adj. Sess.). Subsec. (a): Inserted "state treasurer shall withdraw from the" preceding "education fund", "and" preceding "shall forward" and substituted "2963a" for "2963" in the first sentence.

    Amendments--1997 Subsec. (a): Substituted "the education fund, based on warrant of the commissioner of finance and management" for "the commissioner" following "school year" in the first sentence.

    Amendments--1995 (Adj. Sess.) Substituted "state-placed students under section 2950 of this title" for "state wards under section 2948 of this title" preceding "for expenditures" in subsec. (b), amended subsec. (c) generally, and added subsec. (d).

    Amendments--1989 (Adj. Sess.). Deleted "Quarterly" preceding "payments" in the section heading, amended subsecs. (a) and (b) generally, and added subsec. (c).

    Effective date of 2017 (Adj. Sess.) amendment. 2017, No. 173 (Adj. Sess.), § 5, as amended by 2019, No. 112 (Adj. Sess.), § 10(b), provides that the amendment to this section by 2017, No. 173 (Adj. Sess.), § 5 shall take effect July 1, 2022.

    §§ 2970, 2971. [Reserved for future use.]

    History

    Former § 2972. Former § 2972, which related to special education child count, was derived from 1989, No. 230 (Adj. Sess.), § 23.

    § 2973. Independent school tuition rates. Section 2973 effective until July 1, 2023; see also section 2973 effective July 1, 2023 set out below.

    1. The Secretary shall establish minimum standards of services for students receiving special education in independent schools in Vermont; shall set, after consultation with independent schools in Vermont, the maximum rates to be paid by the Agency and school districts for tuition, room, and board based on the level of services; and may advise independent schools as to the need for certain special education services in Vermont.
    2. Neither school districts nor any State agency shall pay rates for tuition, room, and board, for students receiving special education in independent schools outside Vermont that are in excess of allowable costs approved by the authorized body in the state in which the independent school is located, except in exceptional circumstances or for a child who needs exceptional services, as approved by the Secretary.
    3. The State Board is authorized to enter into interstate compacts with other states to regulate rates for tuition, room, and board for students receiving special education in independent schools.

      Added 1989, No. 230 (Adj. Sess.), § 28; 1991, No. 24 , § 11; 2013, No. 92 (Adj. Sess.), § 212, eff. Feb. 14, 2014.

    § 2973. Independent school tuition rates. Section 2973 effective July 1, 2023; see also section 2973 effective until July 1, 2023 set out above.

      1. Notwithstanding any provision of law to the contrary, an approved independent school that accepts public tuition shall enroll any student with an individualized education program who requires special education services and who is placed in the approved independent school as an appropriate placement and least restrictive environment for the student by the student's individualized education program team or by the local education agency (LEA); provided, however, that this requirement shall not apply to an independent school that limits enrollment to students who are on an individualized education program or a plan under Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794, and who are enrolled pursuant to a written agreement between the LEA and the school. (a) (1)  Notwithstanding any provision of law to the contrary, an approved independent school that accepts public tuition shall enroll any student with an individualized education program who requires special education services and who is placed in the approved independent school as an appropriate placement and least restrictive environment for the student by the student's individualized education program team or by the local education agency (LEA); provided, however, that this requirement shall not apply to an independent school that limits enrollment to students who are on an individualized education program or a plan under Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794, and who are enrolled pursuant to a written agreement between the LEA and the school.
      2. In placing a student with an independent school under subdivision (1) of this subsection, the student's individualized education program team and the LEA shall comply with all applicable federal and State requirements.
      3. An approved independent school is not required to demonstrate that it has the resources to serve every category of special education as defined under State Board of Education rules in order to be approved or retain its approval to receive public funding for general tuition.
      4. The terms "special education services," "LEA," and "individualized education program" or "IEP" as used in this section shall have the same meanings as defined by State Board rules.
      1. The Secretary of Education shall establish minimum standards of services for students receiving special education services in independent schools in Vermont and may advise independent schools as to the need for certain special education services in Vermont. (b) (1)  The Secretary of Education shall establish minimum standards of services for students receiving special education services in independent schools in Vermont and may advise independent schools as to the need for certain special education services in Vermont.
        1. The Secretary of Education shall set, after consultation with independent schools in Vermont, and based on the level of services provided by the schools, the maximum rates to be paid by the Agency and supervisory unions or school districts for tuition, room, and board for residential placement of students who require special education services. The amount charged by an independent school for tuition shall reflect the school's actual or anticipated costs of providing special education services to the student and shall not exceed the maximum rates set by the Secretary, provided that the Secretary may permit charges in excess of these maximum rates where the Secretary deems warranted. (2) (A) The Secretary of Education shall set, after consultation with independent schools in Vermont, and based on the level of services provided by the schools, the maximum rates to be paid by the Agency and supervisory unions or school districts for tuition, room, and board for residential placement of students who require special education services. The amount charged by an independent school for tuition shall reflect the school's actual or anticipated costs of providing special education services to the student and shall not exceed the maximum rates set by the Secretary, provided that the Secretary may permit charges in excess of these maximum rates where the Secretary deems warranted.
          1. An approved independent school that enrolls a student under subdivision (a)(1) of this section may bill the responsible LEA for excess special education costs incurred by the independent school in providing special education services beyond those covered by general tuition. Reimbursement of these excess special education costs shall be based on the direct-cost rates approved by the Secretary for services actually provided to the student consistent with the Agency of Education Technical Manual for special education cost accounting. The Agency of Education shall publish specific elements that must be included as part of an independent school's invoice for excess special education costs, and these elements shall be included in the written agreement required under subdivision (c)(2) of this section. (B) (i) An approved independent school that enrolls a student under subdivision (a)(1) of this section may bill the responsible LEA for excess special education costs incurred by the independent school in providing special education services beyond those covered by general tuition. Reimbursement of these excess special education costs shall be based on the direct-cost rates approved by the Secretary for services actually provided to the student consistent with the Agency of Education Technical Manual for special education cost accounting. The Agency of Education shall publish specific elements that must be included as part of an independent school's invoice for excess special education costs, and these elements shall be included in the written agreement required under subdivision (c)(2) of this section.
          2. In establishing the direct-cost rates for reimbursement under this subdivision (B), the Secretary shall apply the principle of treating an approved independent school and a public school with parity in the amount of federal, State, and local contributions to cover the costs of providing special education services.
          3. An approved independent school that enrolls a student under subdivision (a)(1) of this section shall provide such documentation to the Secretary as the Secretary deems necessary in order to ensure that amounts payable under this subdivision (B) to the school are reasonable in relation to the special education services provided by the school. The Secretary may withhold, or direct an LEA to withhold, payment under this subdivision pending the Secretary's receipt of required documentation under this subdivision, or may withhold, or direct an LEA to withhold, an amount determined by the Secretary as not reasonable in relation to the special education services provided by the school.
          1. The Secretary shall set, after consultation with independent schools in Vermont, the maximum tuition rates to be paid by the Agency and supervisory unions or school districts to independent schools that limit enrollment to students who are on an IEP or a plan under Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794, and who are enrolled pursuant to a written agreement between the LEA and the school. The maximum tuition rates shall be based on the level of services provided by the school. (C) (i) The Secretary shall set, after consultation with independent schools in Vermont, the maximum tuition rates to be paid by the Agency and supervisory unions or school districts to independent schools that limit enrollment to students who are on an IEP or a plan under Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794, and who are enrolled pursuant to a written agreement between the LEA and the school. The maximum tuition rates shall be based on the level of services provided by the school.
          2. The tuition rates established by the Secretary under this subdivision (C) shall be no more than the costs that are reasonably related to the level of services provided by the school and shall be set forth on a form prescribed for that purpose by the Secretary of Education. The Secretary shall determine the relationship between costs and the level of services by using generally accepted accounting principles, such as those set forth in the Handbook (II) for Financial Accounting of Vermont School Systems.
          3. After the Secretary approves a tuition rate for an independent school under this subdivision (C), the school shall not exceed that tuition rate until such time as a new tuition rate is approved by the Secretary.
      1. In order to be approved as an independent school eligible to receive State funding under subdivision (a)(1) of this section, the school shall demonstrate the ability to serve students with disabilities by: (c) (1)  In order to be approved as an independent school eligible to receive State funding under subdivision (a)(1) of this section, the school shall demonstrate the ability to serve students with disabilities by:
        1. demonstrating an understanding of special education requirements, including the:
          1. provision of a free and appropriate public education in accordance with federal and State law;
          2. provision of education in the least restrictive environment in accordance with federal and State law;
          3. characteristics and educational needs associated with any of the categories of disability or suspected disability under federal and State law; and
          4. procedural safeguards and parental rights, including discipline procedures, specified in federal and State law;
        2. committing to implementing the IEP of an enrolled student with special education needs, providing the required services, and appropriately documenting the services and the student's progress;
        3. employing or contracting with staff who have the required licensure to provide special education services;
        4. agreeing to communicate with the responsible LEA concerning:
          1. the development of, and any changes to, the IEP;
          2. services provided under the IEP and recommendations for a change in the services provided;
          3. the student's progress;
          4. the maintenance of the student's enrollment in the independent school; and
          5. the identification of students with suspected disabilities; and
        5. committing to participate in dispute resolution as provided under federal and State law.
      2. An approved independent school that enrolls a student requiring special education services who is placed with the school under subdivision (a)(1) of this section:
        1. shall enter into a written agreement with the LEA committing to the requirements under subdivision (1) of this subsection (c); and
        2. shall ensure that qualified school personnel attend planning meetings and IEP meetings for the student.
      1. If a student is placed with an approved independent school under subsection (a) of this section and either the LEA and the school each certifies, or the hearing officer under subdivision (3) of this subsection certifies, to the Secretary of Education that the school is unable to provide required IEP services due to its inability to retain qualified staff, then the LEA shall make another placement that satisfies the federal requirements to provide the student with a free and appropriate public education in the least restrictive environment. (d) (1)  If a student is placed with an approved independent school under subsection (a) of this section and either the LEA and the school each certifies, or the hearing officer under subdivision (3) of this subsection certifies, to the Secretary of Education that the school is unable to provide required IEP services due to its inability to retain qualified staff, then the LEA shall make another placement that satisfies the federal requirements to provide the student with a free and appropriate public education in the least restrictive environment.
      2. If the conditions in subdivision (1) of this subsection are satisfied:
        1. the approved independent school shall not be subject to any disciplinary action or the revocation of its approved status by the State Board of Education due to its failure to enroll the student; and
        2. no private right of action shall be created on the part of the student or his or her family members, or any other private party, to:
          1. require the LEA to place the student with the approved independent school or the school to enroll the student; or
          2. hold the LEA or the approved independent school responsible for monetary damages due to the failure of the school to enroll the student or the necessity for the LEA to make an alternative placement.
      3. If the LEA and approved independent school do not agree on whether the school is unable to retain qualified staff under subdivision (1) of this subsection, then the LEA and the school shall jointly contract with a hearing officer to conduct a hearing with the parties and make a determination, which shall be final. The cost for the hearing officer shall be split evenly between the two parties.
    1. Neither a school district nor any State agency shall pay rates for tuition, room, and board for students receiving special education in independent schools outside Vermont that are in excess of allowable costs approved by the authorized body in the state in which the independent school is located, except in exceptional circumstances or for a child who needs exceptional services, as approved by the Secretary.
    2. The State Board is authorized to enter into interstate compacts with other states to regulate rates for tuition, room, and board for students receiving special education in independent schools.

      Added 1989, No. 230 (Adj. Sess.), § 28; 1991, No. 24 , § 11; 2013, No. 92 (Adj. Sess.), § 212, eff. Feb. 14, 2014; 2017, No. 173 (Adj. Sess.), § 21, eff. July 1, 2023.

    History

    Amendments--2017 (Adj. Sess.). Section amended generally.

    Amendments--2013 (Adj. Sess.). Substituted "Secretary" for "commissioner" throughout the section, and substituted "Agency" for "department" in subsec. (a).

    Amendments--1991. Substituted "independent" for "private" preceding "school" in the section heading and throughout section.

    Effective date of 2017 (Adj. Sess.) amendment. 2017, No. 173 (Adj. Sess.), § 21, as amended by 2019, No. 112 (Adj. Sess.), § 10(c), provides that the amendment to this section by 2017, No. 173 (Adj. Sess.), § 21 shall take effect July 1, 2023.

    § 2973a. Special education; best practices; policy.

    It is the public policy of the State that integrated special education services are recognized as an essential responsibility of the educational system that benefits all students and contribute to the good of the State. This section and section 2974 of this title recognize that best practices in delivery of such services promote this policy.

    Added 2007, No. 82 , § 26.

    § 2974. Special education program; fiscal review. Section 2974 effective until July 1, 2022; see also section 2974 effective July 1, 2022 set out below.

    1. Annually, the Secretary shall report to the State Board regarding:
      1. special education expenditures by supervisory unions;
      2. the rate of growth or decrease in special education costs, including the identity of high- and low-spending supervisory unions;
      3. results for special education students;
      4. the availability of special education staff;
      5. the consistency of special education program implementation statewide;
      6. the status of the education support systems in supervisory unions; and
      7. a statewide summary of the special education student count, including:
        1. the percentage of the total average daily membership represented by special education students statewide and by supervisory union;
        2. the percentage of special education students by disability category; and
        3. the percentage of special education students served by public schools within the supervisory union, by day placement, and by residential placement.
    2. The Secretary's report shall include the following data for both high- and low-spending supervisory unions:
      1. each supervisory union's special education staff-to-child count ratios as compared to the State average, including a breakdown of ratios by staffing categories;
      2. each supervisory union's percentage of students in day programs and residential placements as compared to the State average of students in those placements and information about the categories of disabilities for the students in such placements;
      3. whether the supervisory union was in compliance with section 2901 of this title;
      4. any unusual community characteristics in each supervisory union relevant to special education placements;
      5. a review of high- and low-spending supervisory unions' special education student count patterns over time;
      6. a review of the supervisory union's compliance with federal and State requirements to provide a free, appropriate public education to eligible students; and
      7. any other factors affecting its spending.
    3. The Secretary shall review low-spending supervisory unions to determine the reasons for their spending patterns and whether those supervisory unions used cost-effective strategies appropriate to replicate in other supervisory unions.
    4. For the purposes of this section, a "high-spending supervisory union" is a supervisory union that, in the previous school year, spent at least 20 percent more than the statewide average of special education eligible costs per average daily membership. Also for the purposes of this section, a "low-spending supervisory union" is a supervisory union that, in the previous school year, spent no more than 80 percent of the statewide average of special education eligible costs per average daily membership.
    5. The Secretary and Agency staff shall assist the high-spending supervisory unions, which have been identified in subsection (a) of this section and have not presented an explanation for their spending that is satisfactory to the Secretary, to identify reasonable alternatives and to develop a remediation plan. Development of the remediation plan shall include an on-site review. The supervisory union shall have two years to make progress on the remediation plan. At the conclusion of the two years or earlier, the supervisory union shall report its progress on the remediation plan.
    6. Within 30 days of receipt of the supervisory union's report of progress, the Secretary shall notify the supervisory union that its progress is either satisfactory or not satisfactory.
      1. If the supervisory union fails to make satisfactory progress, the Secretary shall notify the supervisory union that, in the ensuing school year, the Secretary shall withhold 10 percent of the supervisory union's special education expenditures reimbursement pending satisfactory compliance with the plan.
      2. If the supervisory union fails to make satisfactory progress after the first year of withholding, 10 percent shall be withheld in each subsequent year pending satisfactory compliance with the plan; provided, however, before funds are withheld in any year under this subdivision (f)(2), the supervisory union shall explain to the State Board either the reasons the supervisory union believes it made satisfactory progress on the remediation plan or the reasons it failed to do so. The State Board's decision whether to withhold funds under this subdivision shall be final.
      3. If the supervisory union makes satisfactory progress under any subdivision of this subsection, the Secretary shall release to the supervisory union any special education expenditures reimbursement withheld for the prior fiscal year only.
    7. Within 10 days after receiving the Secretary's notice under subdivision (f)(1) of this section, the supervisory union may challenge the Secretary's decision by filing a written objection to the State Board outlining the reasons the supervisory union believes it made satisfactory progress on the remediation plan. The Secretary may file a written response within 10 days after the supervisory union's objection is filed. The State Board may give the supervisory union and the Secretary an opportunity to be heard. The State Board's decision shall be final. The State shall withhold no portion of the supervisory union's reimbursement before the State Board issues its decision under this subsection.
    8. Nothing in this section shall prevent a supervisory union from seeking and receiving the technical assistance of Agency staff to reduce its special education spending.

      Added 1997, No. 60 , § 31, eff. June 26, 1997; amended 1997, No. 71 (Adj. Sess.), § 115, eff. March 11, 1998; 1999, No. 117 (Adj. Sess.), § 6; 2007, No. 82 , § 10; 2013, No. 92 (Adj. Sess.), § 213, eff. Feb. 14, 2014; 2015, No. 11 , § 14; 2015, No. 148 (Adj. Sess.), § 1, eff. July 1, 2017; 2017, No. 74 , § 24.

    § 2974. Special education program; fiscal review. Section 2974 effective July 1, 2022; see also section 2974 effective until July 1, 2022 set out above.

    Annually, the Secretary shall report to the State Board regarding:

    1. the total amount of census grants made to supervisory unions under section 2961 of this title;
    2. the total amount of extraordinary special education reimbursement made to supervisory unions under section 2962 of this title;
    3. results for special education students;
    4. the availability of special education staff;
    5. the consistency of special education program implementation statewide;
    6. the status of tiered systems of supports in supervisory unions; and
    7. a statewide summary of the special education student count, including:
      1. the percentage of the total average daily membership represented by special education students statewide and by supervisory union;
      2. the percentage of special education students by disability category; and
      3. the percentage of special education students served by public schools within the supervisory union, by day placement, and by residential placement.

        Added 1997, No. 60 , § 31, eff. June 26, 1997; amended 1997, No. 71 (Adj. Sess.), § 115, eff. March 11, 1998; 1999, No. 117 (Adj. Sess.), § 6; 2007, No. 82 , § 10; 2013, No. 92 (Adj. Sess.), § 213, eff. Feb. 14, 2014; 2015, No. 11 , § 14; 2015, No. 148 (Adj. Sess.), § 1, eff. July 1, 2017; 2017, No. 74 , § 24; 2017, No. 173 (Adj. Sess.), § 5, eff. July 1, 2022.

    History

    Amendments--2017 (Adj. Sess.). Deleted the subsec. (a) designation, generally amended subdivs. (1) and (2), substituted "tiered systems of supports" for "the education support systems" in subdiv. (6), and deleted former subsecs. (b) through (h).

    Amendments--2017. Subdiv. (f)(2): Substituted "supervisory union" for "district" preceding "fails to make" in the first sentence.

    Amendments--2015 (Adj. Sess.). Section amended generally.

    Amendments--2015. Subdiv. (a)(3): Substituted "results" for "outcomes".

    Amendments--2013 (Adj. Sess.). Substituted "Secretary" for "commissioner" throughout the section, "Agency" for "department" in subsecs. (e) and (h), and "State Board" for "board" and "state board of education" in subdiv. (f)(2) and subsec. (g).

    Amendments--2007. Section heading: Deleted "panel" following "review".

    Subsec. (a): Substituted "to the state board regarding" for "on" following "report".

    Subdiv. (a)(2): Inserted "including the identity of high and low spending districts" following "costs" at the end of the subdiv.

    Subdiv. (a)(7): Added.

    Subsec. (b): Amended generally.

    Subsec. (e): Rewrote the subsec.

    Subsecs, (f)-(h): Added.

    Amendments--1999 (Adj. Sess.). Subsec. (a): Amended generally.

    Amendments--1997 (Adj. Sess.). Deleted "and" preceding "fiscal" and added "panel" following "review" in the section heading, and added subsec. (e).

    Effective date of 2017 (Adj. Sess.) amendment. 2017, No. 173 (Adj. Sess.), § 5, as amended by 2019, No. 112 (Adj. Sess.), § 10(b), provides that the amendment to this section by 2017, No. 173 (Adj. Sess.), § 5 shall take effect July 1, 2022.

    § 2975. Unusual special education costs; financial assistance. Section 2975 effective until July 1, 2022; see also section 2975 effective July 1, 2022 set out below.

    The Secretary may use up to two percent of the funds appropriated for special education expenditures, as that term is defined in subsection 2967(b) of this title, to directly assist supervisory unions with special education expenditures of an unusual or unexpected nature. These funds shall not be used for exceptional circumstances that are funded under section 2963a of this title. The Secretary's decision regarding a supervisory union's eligibility for and amount of assistance shall be final.

    Added 2007, No. 66 , § 13; amended 2013, No. 92 (Adj. Sess.), § 214, eff. Feb. 14, 2014; 2015, No. 148 (Adj. Sess.), § 1, eff. July 1, 2017.

    § 2975. Unusual special education costs; financial assistance. Section 2975 effective July 1, 2022; see also section 2975 effective until July 1, 2022 set out above.

    The Secretary may use funds for allowable special education expenditures, as defined in State Board of Education rules, to directly assist supervisory unions with special education expenditures of an unusual or unexpected nature. These funds shall be appropriated in the amount of two percent times the census grant as defined in section 2961 of this title. The Secretary's decision regarding a supervisory union's eligibility for and amount of assistance shall be final.

    Added 2007, No. 66 , § 13; amended 2013, No. 92 (Adj. Sess.), § 214, eff. Feb. 14, 2014; 2015, No. 148 (Adj. Sess.), § 1, eff. July 1, 2017; 2017, No. 173 (Adj. Sess.), § 5, eff. July 1, 2021; 2019, No. 112 (Adj. Sess.), § 3, eff. July 1, 2022.

    History

    Amendments--2019 (Adj. Sess.). Rewrote section.

    Amendments--2017 (Adj. Sess.). Inserted "allowable" preceding "special education expenditures", substituted "State Board of Education rules," for "subsection 2967(b) of this title", and deleted the second sentence.

    Amendments--2015 (Adj. Sess.). Substituted "supervisory unions" for "school districts" in the first sentence, and "a supervisory union's" for "a district's" in the third sentence.

    Amendments--2013 (Adj. Sess.). Substituted "Secretary" for "commissioner" twice.

    Effective date of 2017 (Adj. Sess.) amendment. 2017, No. 173 (Adj. Sess.), § 5, as amended by 2019, No. 112 (Adj. Sess.), § 10(b), provides that the amendment to this section by 2017, No. 173 (Adj. Sess.), § 5 shall take effect July 1, 2022.

    § 2972. Repealed. 1995, No. 157 (Adj. Sess.), § 30(a)(4).

    CHAPTER 103. VOCATIONAL REHABILITATION OF PHYSICALLY DISABLED PERSONS

    Sec.

    §§ 3011-3019. Repealed. 1989, No. 219 (Adj. Sess.), § 12; No. 230 (Adj. Sess.), § 3.

    History

    Former §§ 3011-3019. Former § 3011, relating to definitions, was derived from 1957, No. 65 , § 1; V.S. 1947, § 4377 and 1937, No. 76 , § 2.

    Former § 3012, relating to eligibility for rehabilitation, was derived from 1957, No. 65 , § 1; V.S. 1947, § 4377 and 1937, No. 76 , § 2.

    Former § 3013, relating to the Department of Social and Rehabilitation Services, was derived from V.S. 1947, § 4376 and 1937, No. 76 , § 1.

    Former § 3014, relating to duties of Department, was derived from V.S. 1947, § 4378 and 1937, No. 76 , § 3 and amended by 1967, No. 369 (Adj. Sess.), § 1 and 1981, No. 165 (Adj. Sess.), § 1.

    Former § 3015, relating to plan of cooperation, was derived from V.S. 1947, § 4379 and 1937, No. 76 , § 4 and amended by 1967, No. 71 , § 1(c).

    Former § 3016, relating to gifts and donations, was derived from V.S. 1947, § 4380 and 1937, No. 76 , § 5.

    Former § 3017, relating to cooperation with federal agencies, was derived from 1957, No. 65 , § 2; V.S. 1955, No. 177 ; 1947, § 4351 and 1937, No. 76 , § 6.

    Former § 3018, relating to State Treasurer as custodian, was derived from V.S. 1947, § 4382 and 1937, No. 76 , § 6.

    Former § 3019, relating to professional training for counselors and supervisory staff, was derived from 1959, No. 100 , §§ 1, 2.

    CHAPTER 105. REHABILITATION CENTER

    Sec.

    §§ 3051-3056. Repealed. 1969, No. 208 (Adj. Sess.), § 3.

    History

    Former §§ 3051-3056. Former §§ 3051-3056, relating to establishment, control, and authority of the Vermont State Rehabilitation Center, were derived from 1964, No. 33 (Sp. Sess.), §§ 1-3, 5-7.

    Discontinuance of Center. 1969, No. 208 (Adj. Sess.), § 1, provided: "The Vermont rehabilitation center shall be discontinued as a state operated facility as of July 1, 1970, and all equipment and furnishings owned by the state or purchased with state funds for use in connection with the rehabilitation center shall vest in and belong to the DeGoesbriand Unit of the Medical Center Hospital of Vermont on and after that date."

    Release from liability. 1969, No. 208 (Adj. Sess.), § 2, provided: "The DeGoesbriand Memorial Hospital, and its successors, are forever released and discharged from any and all liability to the state under or by virtue of section 3055 of Title 16 of V.S.A."

    PART 6 Financing; School Funds and Properties

    CHAPTER 121. SCHOOL TAXES AND FUNDS

    Subchapter 1. General Provisions

    §§ 3221-3223. Repealed. 1969, No. 298 (Adj. Sess.), § 79.

    History

    Former §§ 3221-3223. Former § 3221, relating to grand list of town district, was derived from V.S. 1947, § 4414; P.L. § 4336; G.L. § 1331; 1915, No. 64 , § 140; P.S. § 1060; V.S. § 733; 1892, No. 21 , § 18; 1888, No. 9 , § 200; R.L. § 630. The subject matter is now covered by § 427 of this title.

    Former § 3222, relating to amount of money to be voted, was derived from 1951, No. 82 , § 2; 1949, No. 104 , § 7; V.S. 1947, § 4415; 1935, No. 92 , § 1; P.L. § 4337; 1927, No. 35 ; 1921, No. 59 ; G.L. § 1332; 1917, No. 254 , § 1292; 1915, No. 64 , § 141; P.S. §§ 1061, 3530, 3531; 1906, No. 35 , §§ 2, 3, 5; 1902, No. 18 , § 1; V.S. §§ 734, 3083; 1892, No. 20 , § 14; 1888, No. 9 , §§ 136, 137; R.L. §§ 601, 2751; 1870, No. 10 , § 8; G.S. 15, § 95; R.S. 13, § 76; R. 1797, p. 291, § 14; R. 1787, p. 157. The subject matter is now covered by § 428 of this title.

    Former § 3223, relating to duties of treasurer, was derived from 1957, No. 160 , § 3; V.S. 1947, § 4418; 1935, No. 92 , § 2; P.L. § 4338; G.L. § 1333; 1917, No. 254 , § 1293; 1915, No. 64 , § 142; P.S. § 1062; V.S. § 735; 1892, No. 21 , § 15; 1888, No. 9 , § 137; R.L. § 602; 1870, No. 10 , § 8. The subject matter is now covered by § 426 of this title.

    §§ 3224-3226. Repealed. 2013, No. 56, § 15(7), eff. May 30, 2013.

    History

    Former §§ 3224-3226. Former § 3224, relating to annual report of treasurer, was derived from V.S. 1947, § 4419; P.L. § 4339; G.L. § 1334; 1915, No. 64 , § 143; P.S. § 1064; V.S. § 762; 1884, No. 230 , § 4.

    Former § 3225, relating to superintendent's duties, was derived from V.S. 1947, § 4420; P.L. § 4340; G.L. § 1335; 1917, No. 254 , § 1295; 1915, No. 64 , § 171; P.S. § 1104; V.S. § 766; 1890, No. 5 , § 2; 1888, No. 9 , § 232.

    Former § 3226, relating to revenue from grammar school lands, was derived from V.S. 1947, § 4420; P.L. § 4340; G.L. § 1335; 1917, No. 254 , § 1295; 1915, No. 64 , § 171; P.S. § 1104; V.S. § 766; 1890, No. 5 , § 2; 1888, No. 9 , § 232.

    Annotations From Former § 3226

    1. Prior law.

    Act of legislature appropriating lands to use of Franklin County Grammar School and the subsequent acceptance and possession of these lands by the grammar school constituted an executed grant or gift, which subsequent legislatures could not revoke, and therefore an act of the legislature appropriating the rents to another school was unconstitutional. Franklin County Grammar School v. Bailey, 62 Vt. 467, 20 A. 820 (1889).

    2. Constitutionality.

    Where lease land rentals are appropriated by Act of the Legislature to the use of a particular grammar school and such Act contains no reservation of right to alter, modify or repeal, subsec. (d) of this section cannot constitutionally operate to appropriate such revenues to the benefit of schools other than the particular school. 1960-62 Op. Atty. Gen. 121.

    §§ 3227-3229. Repealed. 1969, No. 298 (Adj. Sess.), § 79.

    History

    Former §§ 3227-3229. Former § 3227, relating to warning, authorization for special tax, was derived from 1963, No. 40 , § 1.

    Former § 3228, relating to assessment, collection, was derived from 1963, No. 40 , § 2.

    Former § 3229, relating to voting, was derived from 1963, No. 40 , § 3.

    § 3230. [Deleted.].

    History

    Former § 3230. Section 3230, which was derived from 1963, No. 40 , § 4, provided that section 604 of Title 23 was not to apply to the special poll tax authorized by §§ 3227-3229 of this title and was deleted as obsolete in light of the repeal of §§ 3227-3229 of this title and 23 V.S.A. § 604.

    Subchapter 2. Town School Fund

    §§ 3261-3266. Repealed. 1969, No. 298 (Adj. Sess.), § 79.

    History

    Former §§ 3261-3266. Former §§ 3261-3266 related to the town school fund.

    Former § 3261 was derived from V.S. 1947, §§ 4421-4423; P.L. §§ 4341-4343; G.L. §§ 1336-1337; 1915, No. 64 , §§ 163-164; P.S. §§ 1087-1088; V.S. §§ 745-756; 1888, No. 9 , §§ 223-225; R.L. §§ 652-654; 1878, No. 110 , §§ 1, 2; G.S. 22, § 78; R.S. 18, § 27; 1827, No. 23 , § 3.

    Former § 3262 was derived from V.S. 1947, § 4424; P.L. § 4344; G.L. § 1339; 1917, No. 254 , § 1299; 1915, No. 64 , § 166; P.S. §§ 1090, 3481; V.S. §§ 757, 3030; 1888, No. 9 , § 226; R.L. §§ 655, 2706; G.S. 22, § 79; G.S. 97, § 4; R.S. 18, § 28; R.S. 85, p. 128; 1799, p. 11; 1794, p. 102.

    Former § 3263 was derived from V.S. 1947, § 4424; P.L. § 4344; G.L. § 1339; 1917, No. 254 , § 1299; 1915, No. 64 , § 166; P.S. §§ 1090, 3481; V.S. §§ 757, 3030; 1888, No. 9 , § 226; R.L. §§ 655, 2706; G.S. 22, § 79; G.S. 97, § 4; R.S. 18, § 28; R.S. 85, p. 128; 1799, p. 11; 1794, p. 102.

    Former § 3264 was derived from V.S. 1947, § 4425; P.L. § 4345; 1925, No. 35 ; G.L. § 1340; 1917, No. 254 , § 1300; 1912, No. 76 , § 1; 1910, No. 65 , § 22; 1908, No. 47 , § 3; P.S. §§ 1097, 1098, 1100; R. 1906, § 1011; 1906, No. 53 , § 4; 1900, No. 19 , § 1; 1898, No. 20 , §§ 7, 8; 1896, No. 22 , § 1; V.S. §§ 763, 848, 850; 1894, No. 10 , § 2; 1892, No. 20 , § 1; 1890, No. 5 , § 2; 1888, No. 9 , §§ 141, 233, 235, 237; 1886, No. 24 ; 1884, No. 29 ; R.L. §§ 661, 662; 1880, No. 94 , §§ 5, 6; 1876, No. 51 ; 1874, No. 40 , § 1; 1866, No. 9 , § 1; 1864, No. 59 ; G.S. 22, § 83; 1860, No. 5 ; 1858, No. 1 , §§ 5, 6; R.S. 18, § 32; 1827, No. 23 , § 9; R. 1797, p. 493, 497, §§ 1, 7; 1795, p. 10, § 3; R. 1787, p. 136.

    Former § 3265 was derived from V.S. 1947, § 4426; P.L. § 4346; G.L. § 1341; 1917, No. 254 , § 1301; 1910, No. 65 , § 23; 1908, No. 47 , § 3; P.S. § 1101; V.S. § 852; 1888, No. 9 , § 244; R.L. § 668; G.S. 22, § 85; 1847, No. 24 , § 4.

    Former § 3266 was derived from V.S. 1947, § 4427; P.L. § 4347; G.L. § 1342; 1917, No. 254 , § 1302; P.S. § 1102; V.S. § 853; 1888, No. 9 , § 240.

    Subchapter 3. United States Public Money

    §§ 3301-3304. Repealed. 1969, No. 298 (Adj. Sess.), § 79.

    History

    Former §§ 3301-3304. Former §§ 3301-3304 related to United States public money.

    Former § 3301 was derived from V.S. 1947, § 4428; P.L. § 4348; G.L. § 1343; 1917, No. 254 , § 1303; 1915, No. 64 , § 144; 1910, No. 71 ; P.S. § 1065; V.S. § 736; 1888, No. 9 , § 210; R.L. § 639; G.S. 22, § 91; R.S. 18, § 42; 1836, No. 15 , § 1.

    Former § 3302 was derived from V.S. 1947, § 4429; P.L. § 4349; G.L. § 1344; 1915, No. 64 , § 145; P.S. § 1066; V.S. § 739; 1888, No. 9 , § 214; R.L. § 643; G.S. 22, §§ 97, 98; 1842, No. 13 , § 2; R.S. 18, § 48; 1836, No. 15 , § 2.

    Former § 3303 was derived from V.S. 1947, § 4430; P.L. § 4350; 1933, No. 157 , § 4080; G.L. § 1345; 1915, No. 64 , § 146; P.S. § 1068; V.S. § 745; 1888, No. 9 , § 219; R.L. § 648; G.S. 22, § 100; R.S. 18, § 50; 1836, No. 15 , § 2.

    Former § 3304 was derived from V.S. 1947, § 4431, P.L. § 4351; G.L. § 1346; 1915, No. 64 , § 148; P.S. § 1071; V.S. § 748; 1888, No. 9 , § 222; R.L. § 651; 1865, No. 39 , § 2.

    Subchapter 4. Permanent School Fund

    §§ 3341-3348. Repealed. 1975, No. 243 (Adj. Sess.), § 10(a), eff. May 1, 1976.

    History

    Former §§ 3341-3348. Former §§ 3341-3348 related to the permanent school fund.

    Former § 3341 was derived from V.S. 1947, § 4433; P.L. § 4353; 1933, No. 157 , § 4083; G.L. § 1347; 1917, No. 254 , § 1307; 1915, No. 64 , § 149; 1915, Nos. 352, 353; P.S. § 1072; 1906, No. 54 , § 1 and amended by 1969, No. 262 (Adj. Sess.), § 7.

    Former § 3342 was derived from V.S. 1947, § 4432; P.L. § 4352; 1923, No. 7 , §§ 4, 43.

    Former § 3343 was derived from V.S. 1947, § 4435; P.L. § 4355; 1933, No. 157 , § 4085; G.L. § 1351; 1915, No. 64 , § 153; P.S. § 1076; 1906, No. 54 , § 5.

    Former § 3344 was derived from 1951, No. 99 , § 1; V.S. 1947, § 4434; P.L. § 4354; 1933, No. 157 , § 4084; G.L. § 1350; 1917, No. 254 , § 1310; 1915, No. 64 , § 152; P.S. § 1075; 1906, No. 54 , § 4.

    Former § 3345 was derived from V.S. 1947, §§ 4441-4445; P.L. §§ 4361-4365; 1933, No. 157 , §§ 4091-4095; G.L. §§ 1361-1365; 1917, No. 63 , §§ 1-5.

    Former § 3346 was derived from V.S. 1947, §§ 4436-4438; P.L. §§ 4356-4358; 1933, No. 157 , §§ 4086-4088; G.L. §§ 1355-1357; 1917, No. 254 , §§ 1315, 1317; 1915, No. 64 , §§ 157-159; P.S. §§ 1080-1082; 1906, No. 54 , §§ 9-11 and amended by 1959, No. 328 (Adj. Sess.), § 8(b).

    Former § 3347 was derived from V.S. 1947, § 4439; P.L. § 4359; 1933, No. 157 , § 4089; G.L. § 1358; 1915, No. 64 , § 160; P.S. § 1083; 1906, No. 54 , § 12.

    Former § 3348 was derived from V.S. 1947, § 4440; P.L. § 4360; 1933, No. 157 , § 4090; G.L. § 1359; 1917, No. 254 , § 1319; 1915, No. 64 , § 161; P.S. § 1085; 1906, No. 54 , § 14.

    Subchapter 5. Consolidated School Fund

    §§ 3381-3383. Repealed. 1969, No. 298 (Adj. Sess.), § 79.

    History

    Former §§ 3381-3383. Former §§ 3381-3383 related to the consolidated school fund.

    Former § 3381 was derived from V.S. 1947, § 4446; 1939, No. 88 , § 1; P.L. § 4366; 1931, No. 17 , Pt. I, §§ 43, 46; G.L. § 1369; 1917, No. 58 ; 1917, No. 64 , § 1; 1915, No. 63 , § 1; 1915, No. 64 , §§ 174, 175; 1912, No. 76 , §§ 2, 4.

    Former § 3382 was derived from V.S. 1947, § 4447; P.L. § 4367; 1933, No. 157 , § 4097; G.L. § 1372; 1915, No. 64 , § 178 and amended by 1959, No. 328 (Adj. Sess.), § 8(b).

    Former § 3383 was derived from V.S. 1947, § 4448; P.L. § 4368; G.L. § 1373; 1917, No. 254 , § 1329; 1921, No. 80 , § 4 and amended by 1959, No. 328 (Adj. Sess.), § 8(b).

    CHAPTER 123. STATE AID FOR CAPITAL CONSTRUCTION COSTS

    Sec.

    History

    Amendments--1997 1997, No. 60 , § 34, eff. July 1, 1998, added "for capital construction costs" following "aid" in the chapter heading.

    Cross References

    Cross references. State capital appropriations for improvements to Austine School, see § 3823 of this title.

    State aid for special education, see chapter 101, subchapter 2 of this title.

    §§ 3441 Repealed. 1997, No. 60, § 35, eff. July 1, 1998.

    History

    Former § 3341. Former § 3441, relating to definitions, was derived from 1957, No. 252 , § 1; 1951, No. 98 , § 1; 1949, No. 104 , § 1 and amended by 1961, No. 115 , § 2; No. 264, §§ 1, 2; 1964, No. 40 (Sp. Sess.), § 3; 1969, No. 65 , § 2; 1969, No. 295 (Adj. Sess.), § 1; 1971, No. 114 , § 1; 1977, No. 105 , § 2; 1977, No. 118 (Adj. Sess.), § 11; No. 194 (Adj. Sess.), § 6; No. 247 (Adj. Sess.), § 193a; 1981, No. 170 (Adj. Sess.), § 2; 1983, No. 153 (Adj. Sess.), § 1; 1987, No. 84 , § 1; 1987, No. 128 (Adj. Sess.), §§ 2, 3; No. 235 (Adj. Sess.), § 8; 1989, No. 38 , § 2; 1989, No. 173 (Adj. Sess.); 1991, No. 24 , § 6; 1991, No. 204 (Adj. Sess.), § 7; 1995, No. 157 (Adj. Sess.), § 25; No. 185 (Adj. Sess.), §§ 7a, 69, 70; 1997, No. 60 , § 17(b).

    § 3442. Repealed. 1964, No. 40 (Sp. Sess.), § 8, eff. March 13, 1964.

    History

    Former § 3442. Former § 3442, relating to amounts, was derived from 1957, No. 252 , § 2; 1953, No. 226 , § 1; 1949, No. 104 , § 2.

    §§ 3443, 3444. Repealed. 1997, No. 60, § 35, eff. July 1, 1998.

    History

    Former §§ 3443, 3444. Former § 3443, relating to payment and allocation of State aid, was derived from 1951, No. 98 § 2; 1949, No. 104 , § 3 and amended by 1961, No. 264 , § 3; 1964, No. 40 (Sp. Sess.), § 6; 1987, No. 228 (Adj. Sess.), § 7.

    Former § 3444, relating to conditions in which school districts were eligible to receive State aid, was derived from V.S. 1947, § 4417; 1957, No. 252 , § 3; 1951, No. 98 , § 3; 1949, No. 104 , § 4 and amended by 1964, No. 40 (Sp. Sess.), § 7; 1971, No. 116 , § 4; 1973, No. 193 (Adj. Sess.), § 3; 1981, No. 170 (Adj. Sess.), § 7.

    § 3444a. Repealed. 1999, No. 29, § 52(a).

    History

    Former § 3444a. Former § 3444a, relating to safety and health conditions in schools, was derived from 1997, No. 62 , § 51.

    § 3445. Repealed. 1997, No. 60, § 35, eff. July 1, 1998.

    History

    Former § 3445. Former § 3445, relating to use of aid funds, was derived from V.S. 1947, § 4417 and 1949, No. 104 , § 5 and amended by 1971, No. 114 , § 2; 1981, No. 170 (Adj. Sess.), § 8; 1989, No. 210 (Adj. Sess.), § 168b; No. 230 (Adj. Sess.), § 6; 1991, No. 9 and No. 24, § 6.

    § 3446. Repealed. 1964, No. 40 (Sp. Sess.), § 8, eff. March 13, 1964.

    History

    Former § 3446. Former § 3446, relating to appropriations, was derived from 1949, No. 104 , § 8.

    § 3447. School building construction; State bonds; city as school district.

    The State Treasurer may issue bonds under 32 V.S.A. chapter 13 in such amount as may from time to time be appropriated to assist incorporated school districts, joint contract schools, town school districts, union school districts, regional career technical center school districts, and independent schools meeting education quality standards that serve as the public high school for one or more towns or cities, or combination thereof, and that both receive their principal support from public funds and are conducted within the State under the authority and supervision of a board of trustees, not less than two-thirds of whose membership is appointed by the selectboard of a town or by the city council of a city or in part by such selectboard and the remaining part by such council under the conditions and for the purpose set forth in sections 3447-3456 of this title. A city shall be deemed to be an incorporated school district within the meaning of sections 3447-3456 of this title.

    Added 1995, No. 185 (Adj. Sess.), § 71, eff. May 22, 1996; amended 2001, No. 8 , § 14; 2001, No. 33 , § 5; 2011, No. 129 (Adj. Sess.), § 6, eff. May 11, 2012; 2015, No. 23 , § 28.

    History

    2013 (Adj. Sess.). Inserted "career" preceding "technical center" in accordance with 2013, No. 92 (Adj. Sess.), § 302.

    Amendments--2015. Substituted "education quality standards" for "school quality standards" in the first sentence.

    Amendments--2011 (Adj. Sess.) Substituted "32 V.S.A. chapter 13" for "chapter 13 of Title 32" and "joint contract schools" for "joint contract school districts" thereafter in the first sentence.

    Amendments--2001. Act No. 8, § 14 deleted "public" preceding "school" and inserted "quality" thereafter in the first sentence.

    Act No. 33, § 5 inserted "regional technical center school districts" following "union school districts" in the first sentence.

    Former § 3447 - History. Former section 3447, which was derived from 1953, No. 256 , § 1 and amended by 1955, No. 266 , § 1; 1963, No. 213 , § 1; 220, § 1; 1967, No. 150 , § 1; and 1991, No. 24 , § 8, related to bonds for school building construction, and was repealed by 1995, No. 185 (Adj. Sess.), § 7a, eff. May 22, 1995.

    Cross References

    Cross references. Educational and health buildings financing agency, see chapter 131 of this title.

    ANNOTATIONS

    Analysis

    1. Incorporated school district.

    Montpelier union district was an incorporated school district within the meaning of sections 3447-3456 of this title and fact that such incorporated district acted through board of nine school commissioners rather than prudential committee did not change its legal characteristics as an incorporated school district which came expressly within meaning of term "incorporated school district" as used in this section. 1952-54 Op. Atty. Gen. 141.

    2. Right to interest from investment of funds.

    Where State aid was granted under provisions of sections 3447-3456 of this title to Burlington school district, not City of Burlington, since school district rather than city was entitled to aid, any interest from investment of State aid funds belonged to school district rather than to city. 1956-58 Op. Atty. Gen. 94.

    § 3448. Approval and funding of school construction projects; renewable energy.

    1. Construction aid.
      1. Preliminary application for construction aid.  A district or independent school eligible for assistance under section 3447 of this title that intends to construct or purchase a new school, or make extensive additions or alterations to its existing school, and desires to avail itself of State school construction aid shall submit a written preliminary application to the Secretary. A preliminary application shall include information required by the State Board by rule and shall specify the need for and purpose of the project.
      2. Approval of preliminary application.
        1. When reviewing a preliminary application for approval, the Secretary shall consider:
          1. regional educational opportunities and needs, including school building capacities across school district boundaries, and available infrastructure in neighboring communities;
          2. economic efficiencies;
          3. the suitability of an existing school building to continue to meet educational needs; and
          4. statewide educational initiatives and the strategic plan of the State Board of Education.
        2. The Secretary may approve a preliminary application if:
          1. the project or part of the project fulfills a need occasioned by:
            1. conditions that threaten the health or safety of students or employees;
            2. facilities that are inadequate to provide programs required by State or federal law or regulation;
            3. excessive energy use resulting from the design of a building or reliance on fossil fuels or electric space heat; or
            4. deterioration of an existing building;
          2. the need addressed by the project cannot reasonably be met by another means; and
          3. the proposed type, kind, quality, size, and estimated cost of the project are suitable for the proposed curriculum and meet all legal standards.
      3. Priorities.  Following approval of a preliminary application and provided that the district has voted funds or authorized a bond for the total estimated cost of a project, the State Board shall assign points to the project so that the project can be placed on a priority list based on the number of points received. Once a project receives points, if it does not receive funding in a given year, it shall not lose points in subsequent years and, pursuant to rule of the Board and provided the scope of the project remains the same, it shall gain points due to length of time on the list and may gain points for any other reason. The points shall be assigned in the following priority:
        1. First priority is given to emergency projects in excess of $100,000.00 that address threats to the safety and health of students or employees created by unanticipated circumstances or events.
        2. Second priority is given to construction projects in excess of $10,000.00 that address a need occasioned by deterioration of an existing building or equipment pursuant to subdivision (2)(A) of this subsection (a) and that extend the useful life of the building but that do not make additions or extensive alterations to existing school facilities in which students are provided services. Examples of projects given priority under this subdivision (B) are replacement, addition, or repair to utilities; projects that address environmental quality issues; repair of a roof; replacement of an existing space-heating, water-heating, cooling, or refrigeration system; and replacement or upgrading of mechanical equipment.
        3. Remaining projects are given priority based on consideration of the relative degree of need pursuant to subdivision (2)(A) of this subsection (a).
      4. Request for legislative appropriation.  By January 15 of each year, the State Board shall present the House Committee on Corrections and Institutions and the Senate Committee on Institutions with its annual capital construction funding request. Following receipt of the request, the Committees shall recommend a total school construction appropriation for the next fiscal year to the General Assembly. The General Assembly shall not revise the order of the project priorities presented by the State Board. The funding request to the Committees shall be in the form of separate line items as follows:
        1. a list of projects that have been assigned points in their order of priority, including the voted funds or authorized bond amount for each project;
        2. the cost of emergency projects that the State Board has approved but not yet reimbursed due to insufficient funds, as well as the estimated cost of those that might be approved in the coming year under subsection (d) of this section;
        3. the cost of projects to extend the life of a building that the State Board has approved but not yet reimbursed due to insufficient funds, as well as the estimated cost of those that might be approved by the State Board in the coming fiscal year under subdivision (3)(B) of this subsection (a).
      5. Final approval for construction aid.
        1. Unless approved by the Secretary for good cause in advance of commencement of construction, a school district shall not begin construction before the State Board approves a final application. A school district may submit a written final application to the State Board at any time following approval of a preliminary application.
        2. The State Board may approve a final application for a project provided that:
          1. the project has received preliminary approval;
          2. the district has voted funds or authorized a bond for the total estimated cost of the project;
          3. the district has made arrangements for project construction supervision by persons competent in the building trades;
          4. the district has provided for construction financing of the project during a period prescribed by the State Board;
          5. the project has otherwise met the requirements of sections 3447-3456 of this title;
          6. if the proposed project includes a playground, the project includes a requirement that the design and construction of playground equipment follow the guidelines set forth in the U.S. Consumer Product Safety Commission Handbook for Public Playground Safety; and
          7. if the total estimated cost of the proposed project is less than $50,000.00, no performance bond or irrevocable letter of credit shall be required.
        3. The board of trustees of an independent school may submit a written final application to the State Board for a project for which a preliminary application has been approved by the Secretary, provided that each municipality represented on the board of trustees has voted funds or authorized a bond issue for 100 percent of the municipality's estimated share of the project in an amount determined by the Secretary under this section.
        4. The State Board may provide that a grant for a high school project is conditioned upon the agreement of the recipient to provide high school instruction for any high school pupil living in an area prescribed by the Board who may elect to attend the school.
        5. A district may begin construction upon receipt of final approval. However, a district shall not be reimbursed for debt incurred due to borrowing of funds in anticipation of aid under this section.
      6. [Repealed.]
      7. Award of construction aid.
        1. Except as provided in other subdivisions of this subdivision (7) and elsewhere in law, the amount of an award shall be 30 percent of the approved cost of the project.
        2. The amount of an award for the incremental costs associated with the installation of a space-heating, water-heating, cooling, or refrigeration system that uses biomass, a geothermal ground-source, wind, or solar energy as the primary heating or cooling source shall be 75 percent of the approved cost of those elements of the project specifically related to the renewable fuel source being used, provided that those elements may include the costs of necessary equipment, a chimney, air quality technology, and additional square footage necessary to house the heating unit and fuel, and further provided that those elements shall not include the costs of staff areas, site improvements relating to fuel delivery, and other ancillary costs as determined by the Secretary.
        3. The amount of an award shall be 50 percent of the approved cost of a project or applicable portion of a project that results in consolidation of two or more school buildings and that will serve the educational needs of students in a more cost-effective and educationally appropriate manner as compared to individual projects constructed separately. A decision of the Secretary as to eligibility for aid under this subdivision (C) shall be final. This subdivision (C) shall apply only to a project that has received preliminary approval by June 30, 2013.
      8. Eligible construction cost.
        1. Space and cost parameters.  Only those portions of a project shall be eligible for construction aid that meet space and cost parameters adopted by the State Board. The parameters shall define maximum square footage costs, maximum gross square footage per student by grade range and school size, and minimum and maximum square footage allowances per student for programs and services.
        2. Eligible costs.  Construction costs eligible for State aid may include the cost of a preliminary land test on an approved project as required under 10 V.S.A. chapter 151 and any expenditures of federal funds for retrofitting to conserve energy or for asbestos abatement. Expenditures of federal funds for any other purpose shall not be eligible for reimbursement by State aid under this chapter. Expenditures of funds borrowed under subdivision 563(21) of this title shall not be eligible for reimbursement by State aid.
      9. Payment.  Upon satisfactory evidence that a project approved under subdivision (5) of this subsection (a) is under construction or has been constructed, and upon appropriation of funds sufficient to fund the State aid due under this section, the State Board shall certify an award for the project to the Commissioner of Finance and Management who shall issue a warrant for the payment of one-half of the award, or the entire award if the project is complete. After a project has been completed according to approved plans and specifications and the cost thereof has been audited by the Agency, the Secretary shall certify the remainder of the award due for the project to the Commissioner of Finance and Management who shall issue a warrant for the payment. Provided, however, if a project that is included on a prioritized list, for which list the General Assembly has appropriated funds in any year, is not eligible to be certified for one-half of the award or for the entire award, and if another project of lesser priority is eligible for certification, nothing in this section shall preclude the State Board from certifying an award for the lesser priority project prior to the higher priority project.
    2. Refund upon sale.  Upon the sale by a district of any item, building, or unit that may be relocated, for which State construction aid was awarded under this title, the district shall refund to the State a percentage of the sale price equal to the percentage of construction aid received. In no event shall the sum refunded be in excess of the amount of the original State aid received for the purchase of the item, building, or unit. All refunds shall be deposited with the State Treasurer and used for school construction aid awards.
    3. Repayment as a condition of general aid.  No school district shall receive any State general aid unless the school district complies with subsection (b) of this section.
    4. Emergency aid.  Notwithstanding any other provision of this section, the Secretary may grant aid pursuant to subdivision (a)(7) of this section for a project the Secretary deems to be an emergency, up to a maximum total project cost of $100,000.00.
    5. Rules.  The State Board shall adopt rules pertaining to school construction and capital outlay.
    6. Aid in excess of statutory percentages.  Notwithstanding any provision of law to the contrary, no approved school construction project deemed eligible by the Secretary for State construction aid in excess of the percentages set forth in subdivision (a)(7) of this section shall be guaranteed such additional funding until the additional funding is approved by the General Assembly.

      Added 1995, No. 185 (Adj. Sess.), § 72, eff. May 22, 1996; amended 1997, No. 60 , § 36, eff. July 1, 1998; 1999, No. 29 , § 51; 2001, No. 61 , § 60, eff. June 16, 2001; 2001, No. 149 (Adj. Sess.), §§ 60, 66, eff. June 27, 2002; 2003, No. 121 (Adj. Sess.), §§ 52, 59, eff. June 8, 2004; 2005, No. 147 (Adj. Sess.), §§ 41-43, eff. May 15, 2006; 2007, No. 52 , §§ 33-35, eff. May 28, 2007; 2007, No. 82 , § 20; 2007, No. 200 (Adj. Sess.), § 43; 2009, No. 161 (Adj. Sess.), § 39, eff. June 4, 2010; 2011, No. 40 , § 42, eff. May 20, 2011; 2013, No. 92 (Adj. Sess.), § 217, eff. Feb. 14, 2014; 2015, No. 93 (Adj. Sess.), § 1; 2015, No. 93 (Adj. Sess.), § 3, eff. July 1, 2020.

    History

    Amendments--2015 (Adj. Sess.). 2015, No. 93 (Adj. Sess.), § 1, repealed subsecs. (b) and (c), effective July 1, 2016.

    2015, No. 93 (Adj. Sess.), § 3, reenacted subsecs. (b) and (c), effective July 1, 2020.

    Amendments--2013 (Adj. Sess.). Section amended generally.

    Amendments--2011. Subdiv. (a)(7)(C): Substituted "2013" for "2011" following "June 30,".

    Amendments--2009 (Adj. Sess.) Subdiv. (a)(7)(C): Substituted "June 30, 2011" for "June 30, 2010" in the last sentence.

    Amendments--2007 (Adj. Sess.). Subdiv. (a)(5)(B)(vii): Added.

    Amendments--2007. Subsec. (a): Amended generally by Acts No. 52 and No. 82.

    Amendments--2005 (Adj. Sess.). Subdiv. (a)(3)(A): Substituted "$100,000.00" for "$50,000.00".

    Subdiv. (a)(7)(B): Amended generally.

    Subsec. (d): Substituted "$100,00.00" for "$50,000.00".

    Amendments--2003 (Adj. Sess.). Subdiv. (a)(7)(B): Substituted "90 percent" for "50 percent" in the first sentence.

    Subdiv. (a)(9): Added the third sentence.

    Amendments--2001 (Adj. Sess.) Subdiv. (a)(2)(B): Inserted "and" at the end.

    Subdiv. (a)(3)(B): Amended generally.

    Subdiv. (a)(3)(C): Substituted "subsection" for "section" at the end.

    Subdiv. (a)(4): Substituted "(4)" for "and" at the end of subdiv. (C) and deleted subdiv. (D).

    Subdiv. (a)(5)(B): Added subdiv. (vi).

    Subdiv. (a)(7)(A): Deleted a clause providing for 100 percent of the approved cost of the project for technical center buildings.

    Amendments--2001. Subdiv. (a)(2)(A)(iii): Inserted "or reliance on fossil fuels or electric space heat" following "building".

    Subdiv. (a)(7): Designated existing provisions as subdiv. (A) and added subdiv. (B).

    Subsec. (f): Added.

    Amendments--1999. Section amended generally.

    Amendments--1997 Subsec. (a): Added subdiv. (6)(C) and rewrote subdiv. (7).

    Former § 3448 - History. Former section 3448, which was derived from 1953, No. 256 , § 2 and amended by 1957, No. 295 , § 2; 1959, No. 134 ; 1957, No. 239 ; 1961, No. 49 , § 1; 1963, No. 213 , § 2; 1963, No. 220 , § 2; 1965, No. 174 , § 1; 1967, No. 150 , § 2; 1967, No. 176 ; 1969, No. 124 , § 1; 1969, No. 298 (Adj. Sess.), § 9; 1971, No. 20 ; 1979, No. 83 , § 2; 1979, No. 205 (Adj. Sess.), § 141; 1981, No. 170 (Adj. Sess.), § 9; 1983, No. 94 , § 9(b); 1983, No. 170 (Adj. Sess.), § 10; 1983, No. 195 (Adj. Sess.), § 5(b); 1985, No. 73 , § 8a; 1985, No. 232 (Adj. Sess.), § 1; 1985, No. 258 (Adj. Sess.), § 1; 1987, No. 84 , § 11(3); 1991, No. 24 , §§ 9, 11; 1991, No. 204 (Adj. Sess.), § 7; 1993, No. 233 (Adj. Sess.), § 48; and 1995, No. 62 , § 39, related to approval for school building construction projects and was repealed by 1995, No. 185 (Adj. Sess.), § 7a.

    ANNOTATIONS

    Analysis

    1. Approval of projects .

    Where a building site had been purchased and prepared, but construction had not begun, approval of the project could be granted, and State aid allowed, but no aid would be available as to costs already incurred. 1970-72 Op. Atty. Gen. 143.

    Notwithstanding deletion, by 1959 amendments to this section, of word "contemplated" before "project" in first sentence, intent of Legislature with respect to high degree of supervisory responsibility and control by Board of Education from very beginning of every project has not changed, and Board has no authority to approve projects unless application is made prior to their commencement. 1958-60 Op. Atty. Gen. 77.

    Board of Education has no authority to approve projects under this section unless application is made prior to commencement of construction. 1954-56 Op. Atty. Gen. 115.

    Portion of project completed after date that application therefor was received in Department of Education could lawfully be made basis of an award under this section, notwithstanding Board of Education did not act on application until some later date. 1952-54 Op. Atty. Gen. 124.

    Portion of project completed prior to date of application received under this section fell into category of project completed or partially completed in 1953 under section 3449 of this title and could not lawfully be made basis of an award by Board of Education under this section. 1952-54 Op. Atty. Gen. 124.

    *2. Approval by voters.

    This section requires vote by legal voters of town school district on an article which specifies what is to be constructed and specific amount to be spent therefor, which article has been properly warned. 1954-56 Op. Atty. Gen. 115.

    Town district must vote to approve total project and appropriate funds for that purpose in order to qualify under this section as legislative branch of district does not have such authority over school district funds for new projects in absence of vote authorizing same by voters. 1952-54 Op. Atty. Gen. 145.

    3. Furnishing of instruction by district .

    A district getting aid under this section should furnish complete high school instruction to students attending it from such area as may be prescribed by Board of Education. 1954-56 Op. Atty. Gen. 109.

    *4. Designation of service area.

    The Board, in prescribing area to be serviced, must take into consideration (1) the estimated numbers of future students, (2) the capacity of the plant, and (3) the probable life of the facility, and the agreement should generally specify the maximum number of students which the municipality might be required to accommodate and the period during which such accommodation should be furnished. 1954-56 Op. Atty. Gen. 109.

    A school municipality should not be required to accept pupils from outside areas beyond the effective capacity of the contemplated educational plant with first consideration going to pupils of the municipality in question and the agreement should cover only the period of normal life expectancy of the contemplated facility. 1954-56 Op. Atty. Gen. 109.

    *5. Allocation of costs.

    The Board, in prescribing an area from which a union high school district must agree to accept pupils as the condition to receipt of construction aid, may stipulate that such district pay all capital and instructional costs. 1956-58 Op. Atty. Gen. 80.

    § 3448a. Appeal.

    Any municipal corporation or independent school as defined in section 3447 of this title aggrieved by an order, allocation, or award of the State Board of Education may, within 30 days, appeal to the Superior Court in the county in which the project is located.

    Added 1995, No. 185 (Adj. Sess.), § 73, eff. May 22, 1996; amended 2019, No. 131 (Adj. Sess.), § 111.

    History

    Amendments--2019 (Adj. Sess.). Deleted "therefrom" following "appeal".

    Former § 3448a - History. Former section 3448a, which was derived from 1961, No. 49 , § 2, related to inclusion of amounts derived from private sources in the cost of school building construction and was repealed by 1995, No. 185 (Adj. Sess.), § 7a.

    §§ 3448b-3448d. Repealed. 1995, No. 185, § 7a, eff. May 22, 1996.

    History

    Former §§ 3448b-3448d. Former § 3448b, relating to employment practices, was derived from 1971, No. 232 (Adj. Sess.), § 2, eff. April 5, 1972.

    Former § 3448c, relating to construction aid for joint projects, was derived from 1993, No. 59 , § 25a, and amended by 1995, No. 62 , § 38.

    Former § 3448d, relating to construction aid for regional technical centers, was derived from 1993, No. 233 (Adj. Sess.), § 49 and amended by 1995, No. 62 , § 58.

    § 3448e. Construction of career technical education facilities; approval and funding.

    1. Definitions.  For the purposes of this section:
      1. "Construction" includes the purchase of career technical education facilities.
      2. "School district" means, unless otherwise provided:
        1. a school district that manages a regional career technical center or a comprehensive high school; or
        2. a regional career technical center school district authorized under subchapter 5A of chapter 37 of this title.
      3. "Career technical education facilities" means regional technical centers and those portions of comprehensive high schools that are designed to provide State board-approved career technical education programs and services.
    2. Application of chapter.  Except as otherwise provided in this section, the provisions of chapter 123 of this title shall apply to the construction of career technical education facilities.
    3. Approval of regional advisory board.  The Secretary may approve a preliminary application for a project involving career technical education facilities if, in addition to meeting the other requirements of this chapter, the project has received the approval of the regional advisory board as defined under section 1542 of this title. This subsection shall not apply to a project proposed by a regional career technical center school district authorized under subchapter 5A of chapter 37 of this title.
    4. Involvement of the Department of Buildings and General Services.  The Department of Buildings and General Services shall be available to consult with and share its expertise with the school district regarding the design and construction of any new career technical education facility or any alterations to existing career technical education facilities and for the analysis of any lease or lease-purchase proposal.
    5. Award of construction aid.  The amount of an award shall be 50 percent of the approved cost of the project. Where the construction of career technical education facilities is undertaken in conjunction with the construction of noncareer technical education facilities, the approved costs of the project shall be allocated as determined by the Secretary.

      Added 2001, No. 149 (Adj. Sess.), § 61, eff. June 27, 2002; amended 2005, No. 147 (Adj. Sess.), § 48, eff. May 15, 2006; 2013, No. 92 (Adj. Sess.), § 218, eff. Feb. 14, 2014.

    History

    2013 (Adj. Sess.). Inserted "career" preceding "technical" throughout section in accordance with 2013, No. 92 (Adj. Sess.), § 302.

    Amendments--2013 (Adj. Sess.). Section heading: Inserted "Career".

    Subsec. (c): Substituted "Secretary" for "commissioner" and inserted "career" twice.

    Subsec. (e): Substituted "Secretary" for "commissioner of education".

    Amendments--2005 (Adj. Sess.). Subsec. (d): Deleted "in its discretion" following "general services"; substituted "available to consult with and share its expertise with the school district regarding" for "responsible for carrying out"; deleted "and approval" following "analysis"; and deleted the last two sentences.

    § 3448f. Energy performance contracting; authorization; State aid.

    1. Definitions.  As used in this section:
      1. "Cost-saving measure" means any facility improvement, repair, or alteration or any equipment, fixture, or furnishing to be constructed or installed in any facility that is designed to reduce energy consumption and operating costs or to increase the operating efficiency of facilities for their appointed functions, that is cost effective, and that is further defined by State Board rule.
      2. "District" means a district or independent school eligible for assistance under section 3447 of this title.
      3. "Energy and operational cost-savings" means any expense that is eliminated or decreased on a long-term basis as a result of any cost-saving measure, but does not include shifting personnel costs or similar short-term cost-savings.
      4. "Performance contract" means a contract for the valuation, recommendation, and implementation of one or more cost-saving measures for the purpose of realizing energy and operational cost-savings where payment by the district is contingent on energy or operational cost-saving results.
    2. Authorization.  Notwithstanding any provision of law to the contrary, a district may enter into a performance contract pursuant to this section for a period not to exceed 20 years. Cost-saving measures implemented under the contract shall comply with all State and local building codes.
    3. Selection of qualified contractor.
      1. Request for proposals.  The district shall issue a request for proposals from individuals or entities interested in entering into a performance contract (who shall become the "contractor"), shall consider the proposals, and shall select a qualified contractor to engage in final contract negotiations. In developing the request for proposals and in selecting a qualified contractor, the district should make use of any assistance available from Efficiency Vermont, the School Energy Management Program of the Vermont Superintendents Association, and other similar entities. Factors to be considered in the final selection shall include contract terms, comprehensiveness of the proposal, comprehensiveness of cost-saving measures, experience of the contractor, quality of technical approach, and overall benefits to the district.
      2. Financial grade audit.  The person selected pursuant to this subsection shall prepare a financial grade energy audit that, upon acceptance by the district, shall be part of the final performance contract executed with the district. If after preparation of the financial grade energy audit the district decides not to execute a performance contract with the contractor, the district shall pay the qualified contractor for costs incurred in preparing the financial grade energy audit. If, however, the district decides to execute a performance contract with the contractor, the costs of the financial grade energy audit shall be part of the costs of the performance contract.
      3. Voter approval of proposed performance contract.  If the terms of the proposed performance contract permit the district to make payments to the contractor over a period of time exceeding 10 years, then the district shall not enter into a final performance contract until it receives approval from the electorate to do so.
    4. Installment payment and lease-purchase agreements.  A district may enter into a performance contract structured as an installment payment contract or lease-purchase agreement for the purchase and installation of cost-saving measures. Financing implemented through the contractor or a person other than the contractor is authorized.
    5. Payment schedule and savings.  Each performance contract shall provide that all payments between parties, except obligations on termination of the contract before its expiration, shall be made over time, and that the objective of the performance contract is implementation of cost-saving measures and energy and operational cost-savings.
    6. State funding for energy conservation measures.
      1. Application for construction aid.  A district that intends to construct or install cost-saving measures under a performance contract and wishes to receive State school construction aid in connection with those measures shall submit a written application to the Secretary that:
        1. specifies the need for and purpose of the project, including details of the cost-saving measure or measures proposed;
        2. provides details concerning the qualifications of the person with whom the district has entered or intends to enter into a performance contract and concerning the district's adherence to the selection process required by subsection (c) of this section, including detailed information regarding the assistance received from Efficiency Vermont, the School Energy Management Program, and similar entities;
        3. provides detailed information concerning the energy and operational cost-savings projected to result from the proposed cost-saving measures;
        4. provides detailed information concerning the amount and schedule of payments to be made under the terms of the performance contract;
        5. provides any other information the Secretary deems necessary for consideration of the application.
      2. Approval of application.  After consultation with the Department of Buildings and General Services and any other expert resources that may be available, including Efficiency Vermont and the School Energy Management Program, the Secretary may approve a complete application.
      3. Priorities.  Following approval of a district's application, the State Board shall assign points, established by Board rule, to the project so that the project can be placed on a priority list distinct from but similar to the list established under section 3448 of this title, based on the number of points received. Once a project receives points, if it does not receive funding in a given year, it shall not lose points in subsequent years and, pursuant to Board rule and provided the scope of the project remains the same, it shall gain points due to the length of time on the list and may gain points for any other reason. Prioritized projects under this section shall be included in the State Board's request for legislative appropriation as a separate and distinct line item under section 3448 of this title. Any legislative appropriation made to fund the line item for performance contracts shall not exceed 20 percent of the appropriation made in the same year to fund State aid for school construction under section 3448.
      4. Award of State aid.  A district shall not be reimbursed for debt incurred due to borrowing funds in anticipation of aid under this section. The total amount of an award shall be 20 percent of the approved total cost of the project, provided the total award shall not exceed the total payment that would be due from the district, less interest.
      5. Eligible costs.  A project or portions of a project under this section shall be eligible for aid pursuant to criteria established by State Board rule.
      6. Payment.  Upon completion of the construction or installation of the cost-saving measure, determination by the Department of Buildings and General Services that implementation of the cost-saving measures is expected to result in energy and operational cost-savings, and legislative appropriation sufficient to fund the State aid due under this section, the State Board shall certify an award for the project to the Commissioner of Finance and Management who shall issue a warrant for the payment of the award. A district awarded State aid under this section shall use the State aid solely for the purpose of paying all or a portion of the obligation due under the performance contract at the time the award is received.
    7. Refund upon sale.  Upon the sale by a district of any energy-saving measure or building in which an energy-saving measure was constructed or installed, for which State aid was awarded under this section, the district shall refund funds equal to the aid received. All refunds shall be deposited with the State Treasurer and used for awards under this section and section 3448 of this title. No district shall receive any State general aid unless the district complies with this subsection.

      Added 2003, No. 121 (Adj. Sess.), § 58, eff. June 8, 2004; amended 2013, No. 92 (Adj. Sess.), § 219, eff. Feb. 14, 2014.

    History

    Amendments--2013 (Adj. Sess.). Section amended generally.

    Awards of State aid. 2003, No. 121 (Adj. Sess.), § 104 provides that State aid under § 58 of that act, which enacted this section, shall be awarded from capital appropriations made during and after the 2005 legislative session.

    § 3449. Repealed. 2013, No. 56, § 15(8), eff. May 30, 2013.

    History

    Former § 3449. Former § 3449, relating to awards for construction completed 1947-1953, was derived from 1953, No. 256 , § 3 and amended by 1983, No. 195 (Adj. Sess.), § 5(b).

    § 3450. Repealed. 1995, No. 185, § 7a, eff. May 22, 1996.

    History

    Former § 3450. Former § 3450, relating to appeals, was derived from 1953, No. 256 , § 4, and amended by 1963, No. 220 , § 3; 1973, No. 193 (Adj. Sess.), § 3; and 1991, No. 24 , § 11.

    §§ 3451, 3452. Repealed. 1963, No. 213, § 6, eff. June 29, 1963.

    History

    Former §§ 3451, 3452. Former §§ 3451 and 3452, relating to bonds, were derived from 1953, No. 256 , §§ 5 and 6, respectively. The subject matter is now covered by §§ 3447 and 3448 of this title.

    § 3453. Repealed. 1999, No. 29, § 52(b).

    History

    Former § 3453. Former § 3453, relating to a memorandum of understanding between the commissioners of Education and State Buildings adopted in 1996 and annual reports, was derived from 1995, No. 185 (Adj. Sess.), § 74.

    Prior law. Former § 3453, relating to bonds, was derived from 1953, No. 256 , § 7, and was repealed by 1963, No. 213 , § 6, eff. June 29, 1963.

    § 3453a. Emergency operation centers and shelters.

    Any school building that may be designated as a local, regional, or State emergency operation center or shelter shall be designed for use as an emergency operations center or shelter. For this purpose, the proposed project shall include the installation of a wiring harness capable of being connected to emergency electric power generation to provide for emergency heating, lighting, and communications. The wiring installation cost to upgrade emergency facilities shall be included in the budgets submitted to the Legislature for capital funding pursuant to 32 V.S.A. § 309 . The State shall pay 100 percent of such costs, which shall at the Agency level be itemized and accounted for separately from those costs in which the State only shares in the project cost. The State shall not pay for the costs of purchasing the generator.

    Added 1999, No. 29 , § 43, eff. May 19, 1999; amended 2009, No. 43 , § 47, eff. May 27, 2009.

    History

    2013 (Adj. Sess.). Substituted "Agency" for "department" in accordance with 2013, No. 92 (Adj. Sess.), § 302.

    Amendments--2009. In the first sentence, deleted "for which state construction aid is provided under this chapter for the purpose of its construction, reconstruction or expansion, and" after "building", deleted "is or" preceding "may be", and made minor punctuation changes; and added the last sentence.

    § 3454. Deferred maintenance.

    No State school construction aid shall be available under this title for any proposed project or construction if the Secretary finds the need for the project or construction has arisen in whole or in part from significant deferred maintenance. The State Board, by rule, shall define "significant deferred maintenance."

    Added 1995, No. 185 (Adj. Sess.), § 75, eff. May 22, 1996; amended 2013, No. 92 (Adj. Sess.), § 220, eff. Feb. 14, 2014.

    History

    Amendments--2013 (Adj. Sess.). Substituted "Secretary" for "commissioner".

    Former § 3454. Former § 3454, relating to bonds, was derived by 1953, No. 256 , § 8, and was repealed by 1963, No. 213 , § 6, eff. June 29, 1963.

    § 3455. Repealed. 1999, No. 29, § 52(c).

    History

    Former § 3455. Former § 3455, relating to policy on historic school buildings to be developed in 1997, was derived from 1995, No. 185 (Adj. Sess.), § 76.

    Prior law. Former § 3455, relating to bonds, was derived from 1953, No. 256 , § 9, and was repealed by 1963, No. 213 , § 6, eff. June 29, 1963.

    § 3455a. Computer aided design.

    Whenever a school district or independent school makes final application for construction aid pursuant to subdivision 3448(a)(5) of this title, the district or school shall submit to the Secretary copies of site plans and building plans either in computer-aided design (CAD) format, if used, or, if not, in the form submitted by the architect or engineer to the school board or board of trustees.

    Added 1995, No. 185 (Adj. Sess.), § 77, eff. May 22, 1996; amended 2013, No. 92 (Adj. Sess.), § 221, eff. Feb. 14, 2014.

    History

    Amendments--2013 (Adj. Sess.). Substituted "subdivision" for "section" and "Secretary" for "commissioner".

    § 3456. Limit of indebtedness.

    The amount of indebtedness of an incorporated school district, town school district, or union school district incurred to finance any project approved under sections 3447-3456 of this title shall not be considered a part of the indebtedness of such local district for the purpose of determining its debt limit, as provided by 24 V.S.A. § 1762 , or otherwise.

    Added 1953, No. 256 , § 10; amended 1955, No. 266 , § 2; 2013, No. 92 (Adj. Sess.), § 222, eff. Feb. 14, 2014.

    History

    Reference in text. Within the phrase "sections 3447-3456 of this title", referred to in this section, §§ 3448b through 3448d, 3449 through 3453, and 3455 are repealed.

    Amendments--2013 (Adj. Sess.). Inserted "district" preceding "incurred", and "24 V.S.A. § " preceding "1762"; and deleted "high" following "union", "section" following "provided by", and "of Title 24" following "1762".

    Amendments--1955. Inserted "to finance any project approved" following "incurred".

    ANNOTATIONS

    1. Construction with other laws.

    If the purpose of a bond issue was for school construction in compliance with this chapter, and the construction was to be a State aid project, the debt limitation imposed by this section applied and not the limitation contained in section 642 of this title. 1966-68 Op. Atty. Gen. 159.

    §§ 3457, 3457a. Repealed. 1995, No. 62, § 60, eff. April 26, 1995.

    History

    Former §§ 3457, 3457a. Former § 3457, relating to State aid for the construction and maintenance of school buildings for retarded children, was derived from 1959, No. 189 , §§ 1-3 and amended by 1964, No. 14 (Sp. Sess.).

    Former § 3457a, relating to classroom construction for handicapped children, was derived from 1967, No. 314 (Adj. Sess.) and amended by 1985, No. 232 (Adj. Sess.), § 3.

    § 3458. Repealed. 1967, No. 134, § 5, eff. April 17, 1967.

    History

    Former § 3458. Former § 3458, relating to equalization of State aid and duties of Commissioner of Taxes, was derived from 1963, No. 137 , § 2; 1965, No. 24 , § 1.

    § 3458a. Repealed. 1997, No. 60, § 35, eff. July 1, 1998.

    History

    Former § 3458a. Former § 3458a, relating to determination of fair market values, was derived from 1967, No. 134 , § 1 and amended by 1977, No. 105 , § 3; 1979, No. 170 (Adj. Sess.), § 2; 1981, No. 170 (Adj. Sess.), § 4; 1987, No. 84 , § 6; 1989, No. 38 , § 3; 1991, No. 60 , § 2; 1991 No. 203 (Adj. Sess.), § 5; 1995, No. 169 (Adj. Sess.), § 20 and No. 186 (Adj. Sess.), § 33.

    § 3458b. Repealed. 1977, No. 105, § 20(a).

    History

    Former § 3458b. Former § 3458b, relating to limitations, was derived from 1975, No. 118 , § 67.

    § 3459. Repealed. 1967, No. 134, § 5, eff. April 17, 1967.

    History

    Former § 3459. Former § 3459, relating to Department of Taxes studies, was derived from 1963, No. 137 , § 3; 1965, No. 24 , § 2.

    § 3459a. Repealed. 1977, No. 105, § 20(a).

    History

    Former § 3459a. Former § 3459a, relating to evaluation of Commissioner determinations, was derived from 1967, No. 134 , § 5 and previously repealed by 1975, No. 118 , § 102. See note below.

    § 3460. Repealed. 1967, No. 134, § 5, eff. April 17, 1967.

    History

    Former § 3460. Former § 3460, relating to appeals, was derived from 1963, No. 137 , § 4; 1965, No. 24 , § 3.

    § 3460a. Repealed. 1997, No. 60, § 35, eff. July 1, 1998.

    History

    Former § 3460a. Former § 3460a, relating to notification of fair market value, was derived from 1967, No. 134 , § 3, and amended by 1977, No. 105 , § 4 and 1989, No. 38 , § 4.

    § 3461. Repealed. 1967, No. 134, § 5, eff. April 17, 1967.

    History

    Former § 3461. Former § 3461, relating to reports by towns and cities, was derived from 1963, No. 137 , § 5.

    § 3461a. Repealed. 1997, No. 60, § 35, eff. July 1, 1998.

    History

    Former § 3461a. Former § 3461a, relating to petition for redetermination of fair market value, was derived from 1967, No. 134 , § 4 and amended by 1971, No. 185 (Adj. Sess.), § 184; 1977, No. 105 , § 5; 1981, No. 199 (Adj. Sess.), §§ 1, 2 and 1989, No. 38 , § 5.

    § 3461b. Repealed. 1997, No. 60, § 35, eff. July 1, 1998.

    History

    Former § 3461b. Former § 3461b, relating to the valuation appeal board, was derived from 1977, No. 105 , § 10 and amended by 1985, No. 74 , § 298.

    §§ 3462, 3463. Repealed. 1967, No. 134, § 5, eff. April 17, 1967.

    History

    Former §§ 3462, 3463. Former § 3462, relating to payment for reports, was derived from 1963, No. 137 , § 6.

    Former § 3463, relating to preliminary report, was derived from 1963, No. 137 , § 8.

    §§ 3464-3466. Repealed. 1969, No. 65, § 7.

    History

    Former § 3464-3466. Former §§ 3464-3466 related to equalization of State aid.

    Former § 3464 was derived from 1964, No. 40 (Sp. Sess.), § 2 and amended by 1965, No. 24 , § 4; No. 166, § 2; 1966, No. 35 (Sp. Sess.), §§ 1, 2; 1967, No. 69 ; No. 386 (Adj. Sess.), § 1.

    Former § 3465 was derived from 1964, No. 40 (Sp. Sess.), § 4 and amended by 1967, No. 386 (Adj. Sess.), § 2.

    Former § 3466 was derived from 1964, No. 40 (Sp. Sess.), § 5 and amended by 1965, No. 166 , § 1; 1967, No. 386 (Adj. Sess.), § 3.

    § 3467. Repealed. 1977, No. 105, § 20(a).

    History

    Former § 3467. Former § 3467, relating to appraisal report to listers, was derived from 1964, No. 40 (Sp. Sess.), § 10 and amended by 1965, No. 24 , § 5.

    §§ 3468. [Reserved for future use.].

    History

    Former §§ 3469-3471. Former § 3469, relating to State share of aid, was derived from 1969, No. 65 , § 3 and amended by 1969, No. 295 (Adj. Sess.), § 2.

    Former § 3470, relating to district multiplier, was derived from 1969, No. 65 , § 4 and amended by 1969, No. 295 (Adj. Sess.), § 3.

    Former § 3471, relating to State aid per district, was derived from 1969, No. 65 , § 5 and amended by 1969, No. 295 (Adj. Sess.), § 4; 1971, No. 114 , §§ 3, 4, No. 116 , § 5; 1973, No. 77 , § 47; 1973, No. 262 (Adj. Sess.), § 51; 1975, No. 118 , § 68; 1975, No. 254 (Adj. Sess.), § 153; 1977, No. 113 , § 352; 1977, No. 247 (Adj. Sess.), §§ 197, 199; 1979, No. 74 , § 223.

    § 3472. Repealed. 1997, No. 60, § 35, eff. July 1, 1998.

    History

    Former § 3472. Former § 3472, relating to intermediate factors, was derived from 1981, No. 170 (Adj. Sess.), § 3 and amended by 1983, No. 153 (Adj. Sess.), § 2.

    Prior law. Former § 3472 was derived from 1969, No. 65 , § 6, related to distribution of appropriations to eligible school districts, and was repealed by 1977, No. 247 (Adj. Sess.), § 198.

    §§ 3473, 3474. Repealed. 1987, No. 84, § 11(2).

    History

    Former §§ 3473, 3474. Former § 3473, relating to equalization aid, was derived from 1981, No. 170 (Adj. Sess.), § 3, and amended by 1985, No. 112 (Adj. Sess.), § 1.

    Former § 3474, relating to basic education grants, was derived from 1981, No. 170 (Adj. Sess.), § 3, and amended by 1983, No. 153 (Adj. Sess.), § 3 and 1985, No. 112 (Adj. Sess.), § 2.

    Prior law. Former § 3473 was derived from 1969, No. 262 (Adj. Sess.), § 1, related to advance payment of State aid, and was repealed by 1975, No. 243 (Adj. Sess.), § 10(b).

    Former § 3474 was derived from 1969, No. 262 (Adj. Sess.), §§ 2-4, related to procedures for payment, and was repealed by 1975, No. 243 (Adj. Sess.), § 10(b).

    § 3475. Repealed. 1997, No. 60, § 35, eff. July 1, 1998.

    History

    Former § 3475. Former § 3475, relating to penalties, was derived from 1981, No. 170 (Adj. Sess.), § 3, and amended by 1987, No. 128 (Adj. Sess.), § 6; 1989, No. 38 , § 1; 1991, No. 186 (Adj. Sess.), § 33a and 1993, No. 25 , § 71.

    Prior law. Former § 3475 was derived from 1969, No. 262 (Adj. Sess.), §§ 5, 6, related to deduction of advance payment from school districts' State aid and return of such deductions to the permanent school fund, and was repealed by 1975, No. 243 (Adj. Sess.), § 10(b).

    § 3476. Repealed. 1987, No. 84, § 11(2).

    History

    Former § 3476. Former § 3476, relating to hold harmless aid, was derived from 1981, No. 170 (Adj. Sess.), § 3.

    Prior law. Former § 3476 was derived from 1971, No. 260 (Adj. Sess.), § 6, related to supplemental aid, and was repealed by 1973, No. 77 , § 47.

    § 3477. -3479. [Reserved for future use.].

    History

    Former §§ 3480, 3481. Former § 3480, relating to notice of income, was derived from 1981, No. 170 (Adj. Sess.), § 6 and amended by 1987, No. 84 , § 4.

    Former § 3481, relating to petition for redetermination, was derived from 1981, No. 170 (Adj. Sess.), § 6 and amended by 1987, No. 84 , § 5.

    § 3482. -3485. [Reserved for future use.].

    History

    Former §§ 3486. Former § 3486, relating to kindergarten incentive loan program, was derived from 1985, No. 71 , § 7.

    § 3487. Redesignated.

    History

    Former § 3487. Former § 3487, relating to early education, was added by 1987, No. 68 , § 3, and redesignated as § 4014 of this title by 1997, No. 60 , § 21, eff. July 1, 1998.

    § 3488. -3490. [Reserved for future use.].

    History

    Former §§ 3491-3499. Former § 3491, relating to determination of membership and income index, was derived from 1987, No. 84 , § 2 and amended by 1987, No. 128 (Adj. Sess.), § 4.

    Former § 3492, relating to recommended foundation costs, was derived from 1987, No. 84 , § 2.

    Former § 3493, relating to legislative determination of aid parameters, was derived from 1987, No. 84 , § 2.

    Former § 3494, relating to total foundation cost, was derived from 1987, No. 84 , § 2.

    Former § 3495, relating to foundation tax rates, was derived from 1987, No. 84 , § 2 and amended by 1987, No. 128 (Adj. Sess.), § 7.

    Former § 3496, relating to determination of foundation levy, was derived from 1987, No. 84 , § 2.

    Former § 3497, relating to payment of aid, was derived from 1987, No. 84 , § 2 and amended by 1987, No. 128 (Adj. Sess.), § 5; 1989, No. 255 (Adj. Sess.), §§ 2, 3; 1995, No. 157 (Adj. Sess.), § 26; No. 178 (Adj. Sess.), § 174; No. 185 (Adj. Sess.), § 78, eff. May 22, 1996.

    Former § 3498, relating to adjustment for district not meeting standards, was derived from 1987, No. 84 , § 2.

    Former § 3499, relating to low spending districts, was derived from 1987, No. 84 , § 2.

    §§ 3469-3471. Repealed. 1981, No. 170 (Adj. Sess.), § 10, eff. April 19, 1982.

    §§ 3480, 3481. Repealed. 1997, No. 60, § 35, eff. July 1, 1998.

    § 3486. Repealed. 1985, No. 71, § 9, eff. Jan. 1, 1992.

    §§ 3491-3499. Repealed. 1997, No. 60, § 35, eff. July 1, 1998.

    CHAPTER 125. FEDERAL AID; SCHOOL CONSTRUCTION

    History

    2014. Inserted "; School Construction" in chapter heading.

    Subchapter 1. General School Support

    §§ 3541-3545. Repealed. 1969, No. 298 (Adj. Sess.), § 79.

    History

    Former §§ 3541-3545. Former § 3541, relating to the authority of the Board of Education to administer federal funds, was derived from 1949, No. 99 , § 1.

    Former § 3542, relating to acceptance, distribution, and accounting for federal funds, was derived from 1949, No. 99 , § 2.

    Former § 3543, relating to reports and transmittal of copies of legislation or regulations to federal officials, was derived from 1949, No. 99 , § 3.

    Former § 3544, relating to control by federal agencies or officers of public schools in Vermont, was derived from 1949, No. 99 , § 4.

    Former § 3545, relating to allocation of federal funds among local educational agencies, was derived from 1961, No. 209 .

    The subject matter of former §§ 3541-3545 is now covered by chapter 1, subchapter 2 and § 170 of this title.

    Subchapter 2. School Building Construction or Repair

    § 3581. Acceptance.

    The State Board may accept, use, disburse, and account for federal funds made available for the purposes of acquisition, construction, reconstruction, remodeling, or repair of public school buildings.

    Amended 2013, No. 92 (Adj. Sess.), § 223, eff. Feb. 14, 2014.

    History

    Source. 1949, No. 98 , § 1.

    Amendments--2013 (Adj. Sess.). Substituted "State Board may" for "state board of education is hereby authorized and empowered to", inserted "federal", and deleted "to the several states by legislation of the Congress" following "available".

    § 3582. Formulation of plans.

    The State Board may formulate any State plan, including preparation of surveys and estimates of school building needs, required by federal legislation.

    Amended 2013, No. 92 (Adj. Sess.), § 224, eff. Feb. 14, 2014.

    History

    Source. 1949, No. 98 , § 1.

    Amendments--2013 (Adj. Sess.). Substituted "State Board may" for "state board of education is further authorized and empowered to", "any" for "such", and "required by federal" for "as is necessitated by the provisions of congressional".

    § 3583. Control by federal authority prohibited.

    No supervision or control may be exercised under the provisions of this subchapter by any federal authority over the administration, personnel, curriculum, instruction, methods of instruction, or materials of instruction in any Vermont public school.

    History

    Source. 1949, No. 98 , § 1.

    Subchapter 3. Benefits Under Higher Education Facilities Act of 1963

    History

    Repeal of subchapter. This subchapter which comprised §§ 3591-3595, relating to benefits under Higher Education Facilities Act of 1963, was repealed by 2009, No. 135 (Adj. Sess.), § 26(5).

    §§ 3591-3595. Repealed. 2009, No. 135 (Adj. Sess.), § 26(5).

    History

    Former §§ 3591-3595. Former § 3591, relating to purpose, was derived from 1964, No. 10 (Sp. Sess.), § 1.

    Former § 3592, relating to commission, was derived from 1964, No. 10 (Sp. Sess.), § 2.

    Former § 3593, relating to duties, was derived from 1964, No. 10 (Sp. Sess.), § 3.

    Former § 3594, relating to organization, was derived from 1964, No. 10 (Sp. Sess.), § 4.

    Former § 3595, relating to expenses, was derived from 1964, No. 10 (Sp. Sess.), § 5.

    Subchapter 5. Tax-Credit Bond Financing

    § 3597. Tax-credit bond financing; qualified school academy zones; qualified school construction bonds.

    The American Recovery and Reinvestment Act of 2009, Pub. L. No. 111-5, expanded existing and created new tax-credit bond programs available to public schools. Accordingly, school districts are authorized to issue bonds to finance public school building construction and rehabilitation, the purchase of equipment, the development of course materials, and teacher and personnel training, consistent with Sections 1397E and 54F of the Internal Revenue Code, pertaining to qualified school academy zones and qualified school construction bonds.

    Added 2009, No. 54 , § 21, eff. June 1, 2009.

    History

    Reference in text. Sections 1397E and 54F of the Internal Revenue Code, referred to in this section, are codified as 26 U.S.C. §§ 1397E and 54F, respectively.

    CHAPTER 127. USE OF EDUCATIONAL TRUST FUNDS

    Subchapter 1. Investment

    § 3641. Common investment of individual trust funds.

    In its discretion, an educational institution may associate together for common investment the funds of individual trusts or individual funds held by it whether created by order of court or otherwise, if the terms of the trust or gift do not require a separate investment. For that purpose, an educational institution may create an investment account in which may be placed for investment the whole or any part of the funds of trusts or gifts permitted to be associated. An individual trust or gift whose funds are thus associated shall at all times be the equitable owner of its pro rata share of the funds of such investment account and the net increase or decrease of its principal during the time its funds are a part of such account.

    History

    Source. 1957, No. 88 .

    Subchapter 2. Change in Use of Fund

    § 3681. Complaint to Superior Court.

    If an educational corporation or association holds a fund of which, whether by statute or by usage, only the income may be expended, and, because of such limitation, such corporation or association is unable to reduce its indebtedness and to pay its debt and expenses from its current receipts, so that cessation of its activities or winding-up of its affairs and liquidation is threatened or impends, such corporation or association may bring its complaint to the Superior Court in the county in which it has its principal place of business, for relief as provided in this subchapter.

    Amended 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; amended 2019, No. 131 (Adj. Sess.), § 112.

    History

    Source. V.S. 1947, § 6010. 1937, No. 79 , § 1.

    Revision note. Substituted "complaint" for "petition" in the section heading and in the text of the section to conform language to Rule 3, Vermont Rules of Civil Procedure, pursuant to 1971, No. 185 (Adj. Sess.), § 236(d). See note set out under 4 V.S.A. § 219.

    Amendments--2019 (Adj. Sess.). Deleted "hereinafter" following "relief as" and inserted "in this subchapter" at the end.

    Amendments--1973 (Adj. Sess.). Substituted "superior court" for "county court" following "petition to" in the section heading, and following "petition to the" in the text of the section.

    § 3682. Contents of complaint; party defendant; notice.

    Such complaint shall set forth the situation of such corporation or association within the provisions of section 3681 of this title and shall describe particularly the fund involved and shall pray for relief under the provisions of this subchapter. The Attorney General shall be cited as party defendant. Public notice shall be given by publication of the substance of the complaint and the time and place to which the complaint is returnable, pursuant to the provisions of 1 V.S.A. § 174 and 12 V.S.A. § 4319 .

    History

    Source. V.S. 1947, § 6011. 1937, No. 79 , § 2.

    Reference in text. 12 V.S.A. § 4319, referred to in this section, was repealed by 1971, No. 185 (Adj. Sess.), § 237. The subject matter of the former section is now covered by Rule 4(g), Vermont Rules of Civil Procedure.

    Revision note. Substituted "complaint" for "petition" wherever it appeared to conform language to Rule 3, Vermont Rules of Civil Procedure, pursuant to 1971, No. 185 (Adj. Sess.), § 236(d). See note set out under 4 V.S.A. § 219.

    § 3683. Hearing; determination.

    If the Superior Court shall find upon hearing that the situation of such corporation or association is within the provisions of section 3681 of this title, that its affairs have been conducted in a proper manner, and that the purposes of its organization, the nature and results of its activities, and the general welfare require its continuance as a going organization, such court may authorize such corporation or association to use such part of the principal of such fund upon such terms as such court shall determine may be necessary to enable such corporation or association to rehabilitate itself and free itself in part or in whole from its indebtedness.

    Amended 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974.

    History

    Source. V.S. 1947, § 6012. 1937, No. 79 , § 3.

    Amendments--1973 (Adj. Sess.). Substituted "superior court" for "county court" preceding "shall find".

    § 3684. Orders.

    The court may make all orders necessary or incidental to the exercise of the jurisdiction conferred by this subchapter, including such orders relating to the custody, preservation, and conservation of the assets and property of the corporation or association as may be deemed necessary and proper for the protection of all interests involved.

    History

    Source. V.S. 1947, § 6013. 1947, No. 202 , § 6081. 1937, No. 79 , § 4.

    CHAPTER 129. SCHOOL PROPERTY

    Subchapter 1. School Buildings and Equipment

    § 3741. School construction; debt service; taxation.

    A school district that issues bonded debt to pay for capital construction costs is authorized under the provisions of sections 428 and 511 of this title to levy ad valorem taxes on the grand list to pay for debt service as it becomes due and payable and shall do so unless otherwise payable from other sources.

    Amended 1997, No. 71 (Adj. Sess.), § 89, eff. March 11, 1998; 2013, No. 92 (Adj. Sess.), § 225, eff. Feb. 14, 2014.

    History

    Source. V.S. 1947, § 4407. P.L. § 4329. G.L. § 1325. 1917, No. 254 , § 1285. 1915, No. 64 , §§ 14, 17, 134. 1915, No. 67 . P.S. §§ 983, 984, 993. R. 1906, § 901. V.S. §§ 668, 675, 808. 1892, No. 21 , § 19. 1888, No. 9 , §§ 138, 245. R.L. §§ 525, 558, 602, 603. 1876, No. 48 . 1870, No. 10 , § 8. 1870, No. 16 . G.S. 22, §§ 19, 43. R.S. 18, §§ 1, 13. 1827, No. 23 , §§ 1, 10. R. 1797, p. 493, § 1. R. 1797, p. 495, § 3. 1795, p. 9. R. 1787, p. 137.

    Amendments--2013 (Adj. Sess.). Substituted "Construction; Debt Service;" for "Buildings" in the section heading, deleted first sentence, and amended section generally.

    Amendments--1997 (Adj. Sess.). Deleted "and for such purposes a district may raise a tax on its grand list" following "sites for same" in the second sentence and added the third sentence.

    ANNOTATIONS

    Analysis

    1. Liability of district or directors.

    This section merely delegates to the school district certain of State's duties regarding education and cannot be construed as imposing on the school district or its directors any liability to which common law does not subject them. Farmer v. Poultney School District, 113 Vt. 147, 30 A.2d 89 (1943).

    2. Building committee.

    This section did not prevent town from constructing schoolhouses through a building committee elected by the town. Spencer v. Town School District of Hartford, 87 Vt. 152, 88 A. 510 (1913).

    3. Scope of school board's duty in erection of schoolhouses.

    School board did not exceed its authority by sending letters to voters about issues to be voted on because school district had statutory duty to locate and erect schoolhouses and sending informational letters to voters, in this context, was proper function of school district. Conn v. Middlebury Union High School District #3, 162 Vt. 498, 648 A.2d 1385 (1994).

    § 3742. Flag display.

    Each school district shall erect a flag pole on the building or premises of each public school and, while school is in session, at such times as it directs, shall cause a United States flag, which shall not be lettered or marked in any way, to be displayed. A United States flag and a State flag may be displayed inside the school building. A person who violates this section shall be fined not more than $10.00.

    Added 2013, No. 92 (Adj. Sess.), § 226, eff. Feb. 14, 2014.

    History

    Source. V.S. 1947, § 4408. 1945, No. 67 , § 1. P.L. § 4330. 1933, No. 157 , § 4060. 1927, No. 34 . G.L. § 1326. 1915, No. 64 , § 135. 1910, No. 67 . 1908, No. 48 .

    Amendments--2013 (Adj. Sess.). Section amended generally.

    § 3743. Textbooks, appliances, and supplies.

    The board shall select and provide all textbooks, appliances, and supplies required for use in the elementary schools and the textbooks required for use in the secondary schools in the town district that shall be paid for by the district. The selection of textbooks, appliances, and supplies shall be subject to the approval of the superintendent of the schools of the district. The board shall provide nonresident students attending the schools with the necessary textbooks, appliances, and supplies under the rules the Board of Education shall prescribe. The board of school directors with the superintendent shall make the rules and regulations it deems proper for the care and custody of all textbooks, appliances, and supplies.

    Amended 1965, No. 93 , § 1, eff. July 1, 1966; amended 2019, No. 131 (Adj. Sess.), § 113.

    History

    Source. V.S. 1947, § 4409. P.L. § 4331. G.L. § 1327. 1917, No. 254 , § 1287. 1915, No. 64 , §§ 136, 137, 139. P.S. §§ 1105, 1106, 1108. R. 1906, §§ 1017, 1018. 1898, No. 27 , § 1, 2. 1896, No. 19 , § 11. V.S. §§ 769, 770, 1773. 1894, No. 13 , §§ 1, 2, 5. 1888, No. 9 , ch. 10. 1882, No. 19 . R.L. §§ 609, 614. 1878, No. 122 , §§ 1-4, 9. 1874, No. 33 , § 1. 1872, No. 14 . 1866, No. 2 . G.S. 22, § 7. 1862, No. 8 . 1858, No. 1 , § 11. 1849, No. 14 , § 5. 1845, No. 37 , § 5. 1833, No. 19 , § 1. 1827, No. 23 , § 4.

    2013 (Adj. Sess.). Substituted "students" for "pupils" in accordance with 2013, No. 92 (Adj. Sess.), § 302.

    Amendments--2019 (Adj. Sess.). Substituted "rules" for "regulations" in the third sentence.

    Amendments--1965. Rewrote the first sentence, inserted "with the superintendent" following "directors" in the fourth sentence, and made other minor changes in phraseology throughout the section.

    Cross References

    Cross references. Program for centralized purchasing of school equipment and supplies, see 29 V.S.A. § 905.

    ANNOTATIONS

    1. Approval of purchases.

    School directors had exclusive authority to purchase supplies for town school districts and powers conferred on town manager did not necessitate approval of such orders by him. Farmer v. Haley, 100 Vt. 75, 135 A. 12 (1926).

    §§ 3743a-3745. Repealed. 1969, No. 298 (Adj. Sess.), § 79.

    History

    Former §§ 3743a-3745. Former § 3743a, relating to private academies serving as public high schools, was derived from 1965, No. 93 , § 2.

    Former § 3744, relating to liability for damage to textbook or appliances, was derived from V.S. 1947, § 4411; P.L. § 4333; G.L. § 1328; 1915, No. 64 , § 138; P.S. § 1107; R. 1906, § 1019; V.S. § 771; 1894, No. 13 , § 3.

    Former § 3745, relating to community schoolhouse fund, was derived from 1959, No. 328 (Adj. Sess.), § 8(b); V.S. 1947, § 4410; 1939, No. 87 , § 2; P.L. § 4332; 1931, No. 30 , § 1.

    Subchapter 2. Condemnation for School Purposes

    § 3781. Repealed. 1969, No. 298 (Adj. Sess.), § 79.

    History

    Former § 3781. Former § 3781, relating to procedure for condemnation, was derived from V.S. 1947, § 4413; P.L. § 4335; 1921, No. 58 , 1; G.L. § 1330; 1917, No. 254 , § 1290; 1915, No. 64 , §§ 126-133; P.S. §§ 1110-1117, 3545; 1904, No. 46 , §§ 1, 2; 1904, No. 75 , § 1; V.S. §§ 812-819; 1888, No. 9 , §§ 259-266; R.L. §§ 534-542; 1878, No. 112 , §§ 2-6; G.S. 22, §§ 114-120; 1861, No. 10 ; 1860, No. 3 , §§ 1-6; 1859, No. 33 ; 1857, No. 58 , §§ 1-6. The subject matter is now covered by § 560 of this title.

    Subchapter 3. Transfer of Educational Institution Property to School District

    History

    Austine School property transaction. 2013, No. 45 , § 1, provides: "(a) Notwithstanding 16 V.S.A. § 3823, on or before July 1, 2016, the Vermont Center for the Deaf and Hard of Hearing is authorized to sell a total of up to 15 acres of undeveloped land associated with the Austine School for the Deaf with no obligation to repay any state capital appropriations made to or for the benefit of the Austine School.

    "(b) Notwithstanding any sale of undeveloped land pursuant to subsection (a) of this section, the first priority lien created under 16 V.S.A. § 3823(b) in favor of the State for all capital appropriations made to or for the benefit of the Austine School for the Deaf shall remain for the full obligation that is owed to the State."

    § 3821. Transfer; acceptance.

    An incorporated academy, institute, seminary, or other educational institution, having no capital stock, by vote of at least two-thirds of its directors, trustees, or other governing body, may authorize the transfer of all of its real and personal property, including trust funds, to the school district in which the academy, institute, seminary, or other educational institution is located as provided in this chapter. The school district, at an annual or special meeting of the legal voters warned for the purpose, may vote to accept the transfer of real and personal property, including trust funds, as provided in this chapter to be used for school purposes.

    Amended 2013, No. 92 (Adj. Sess.), § 227, eff. Feb. 14, 2014.

    History

    Source. V.S. 1947, § 6014. 1937, No. 80 , § 1.

    Amendments--2013 (Adj. Sess.). Section amended generally.

    § 3822. Proceeding in Superior Court.

    1. An incorporated academy, institute, seminary, or other educational institution, and a school district, upon completion of the votes required by section 3821 of this title and before transfer of any property, shall apply to the Superior Court of the county in which the property is located setting forth the votes and any other material facts.
    2. The court shall issue an order stating the substance of the bill and fixing the time and place of hearing. The plaintiff shall cause the order to be published in a newspaper named in the order, three weeks successively, the last publication to be at least 10 days prior to the date fixed for the hearing. The plaintiff shall give further notice as required by the order.
    3. Upon hearing, the court shall determine what portion, if any, of the real and personal property to be transferred is held in trust, may order the transfer of that property subject to the terms of the trust, may make any other orders and decrees for the protection and disposition of the same it deems proper, and shall order the remainder of the real and personal property to be transferred in accordance with the votes authorizing the transfer for use for school purposes.

      Amended 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 2013, No. 92 (Adj. Sess.), § 228, eff. Feb. 14, 2014.

    History

    Source. V.S. 1947, § 6015. 1937, No. 80 , § 2.

    Revision note. Substituted "bill" for "action" in subsec. (b) to conform language to Rule 2, Vermont Rules of Civil Procedure, pursuant to 1971, No. 185 (Adj. Sess.), § 236(d). See note set out under 4 V.S.A. § 219.

    Amendments--2013 (Adj. Sess.). Section amended generally.

    Amendments--1973 (Adj. Sess.). Substituted "superior court" for "county court" in the section heading and following "apply to the" in subsec. (a).

    § 3823. The Austine School; financing.

    1. Notwithstanding any provision of law to the contrary, the Vermont Center for the Deaf and Hard of Hearing, which owns and operates the Austine School for the Deaf, and its successors in interest are authorized to mortgage, pledge as collateral, sell, transfer, or otherwise convey any real property associated with the Austine School for the Deaf without consent of the General Assembly.
    2. All State capital appropriations made to or for the benefit of the Austine School for the Deaf prior to or subsequent to June 11, 2003 shall create a first priority lien in favor of the State, unless expressly waived by the General Assembly, provided that this first priority lien shall be subordinate, in an amount not to exceed $3,000,000.00, to the interest of any lender to whom the Vermont Center for the Deaf and Hard of Hearing has pledged its real property as collateral pursuant to subsection (a) of this section.
    3. If the Vermont Center for the Deaf and Hard of Hearing sells any or all of its real property, then, subject to the subordination provisions of subsection (b) of this section, all State capital appropriations made to or for the benefit of the Austine School shall be repaid to the State, without interest, from any remaining proceeds of the sale.

      Added 1993, No. 233 (Adj. Sess.), § 50, eff. June 21, 1994; amended 2003, No. 63 , § 42, eff. June 11, 2003.

    History

    2020. In subsec. (b), substituted "June 11, 2003" for "the effective date of this section".

    Amendments--2003. Rewrote the section heading, deleted former undesignated paragraph and added subsecs. (a)-(c).

    § 3824. The Austine School for the Deaf; selection of president.

    Any president of the Vermont Center for the Deaf and Hard of Hearing selected and hired subsequent to June 11, 2003 shall be selected and hired pursuant to the provisions for employing a superintendent of schools in section 241 of this title. For purposes of this section, the terms "supervisory union," "supervisory union board," and "supervisory district board" as used in section 241 shall mean the Board of Trustees of the Vermont Center for the Deaf and Hard of Hearing.

    Added 2003, No. 63 , § 43, eff. June 11, 2003.

    History

    2020. Substituted "June 11, 2003" for "the effective date of this section".

    CHAPTER 131. EDUCATIONAL AND HEALTH BUILDINGS FINANCING AGENCY

    Sec.

    History

    Revision note. Chapter heading, which formerly read "Educational Buildings Financing Agency", changed to reflect text of sections in chapter. See §§ 3851, 3852, and 3859 of this title.

    Severability of enactment. 1966, No. 56 , § 13, provided: "The provisions of this act [this chapter] are severable; and if a court of competent jurisdiction holds them to be unconstitutional, the decision of the court shall not affect or impair any of the remaining provisions."

    Legislative declaration of purpose. 1966, No. 56 , § 1, provided: "The purpose of this act [this chapter] is to promote the welfare of the people of the State of Vermont; create the Vermont Educational Buildings Financing Agency as a body corporate and politic with power to acquire, construct, reconstruct, improve, equip, furnish and operate facilities, to lease them and to fix fees, rentals and charges for the use thereof; authorize and regulate the issuance of bonds of the Agency, and provide for their payment and the rights of the holders thereof; authorize the Agency to enter into agreements with the government of the United States or any federal agency; empower the Agency to sell, convey and mortgage property; and provide that no debt of the State of Vermont may be incurred in the exercise of any of the powers granted by this act."

    Cross References

    Cross references. Construction of hospitals, health centers, and nursing homes generally, see 18 V.S.A. chapter 41.

    ANNOTATIONS

    1. Constitutionality.

    Purpose of this chapter, creating Educational Buildings Financing Agency, which was to promote the welfare of the people of the State, was a public purpose within Vermont Constitution, chapter 2, section 68. Vermont Educational Buildings Financing Agency v. Mann, 127 Vt. 262, 247 A.2d 68 (1968), appeal dismissed, 396 U.S. 801, 90 S. Ct. 9, 24 L. Ed. 2d 58 (1969).

    Requirements that Educational Buildings Financing Agency report annually to executive and legislative branches all projects applied for and planned and all of its undertakings, in progress and completed, together with a financial audit, in light of fact that Agency's powers were spelled out in considerable detail, furnished sufficient standards to withstand attack that chapter constituted unlawful delegation of legislative power. Vermont Educational Buildings Financing Agency v. Mann, 127 Vt. 262, 247 A.2d 68 (1968), appeal dismissed, 396 U.S. 801, 90 S. Ct. 9, 24 L. Ed. 2d 58 (1969).

    Permitting church-related institution of learning to participate in assistance provided by Educational Buildings Financing Act did not unconstitutionally serve the cause of religion in light of facts that administration of chapter involved no power to appropriate public funds, that college was financed from tuition and gifts and received no financial assistance from the church, and that church had no proprietary interest in reversion, or otherwise, in college property. Vermont Educational Buildings Financing Agency v. Mann, 127 Vt. 262, 247 A.2d 68 (1968), appeal dismissed, 396 U.S. 801, 90 S. Ct. 9, 24 L. Ed. 2d 58 (1969).

    § 3851. Definitions.

    1. "Agency" means the Vermont Educational and Health Buildings Financing Agency.
    2. "Facilities" means all or any part of any building, improvements to real property, equipment, furnishings, appurtenances, utilities, and other property, real or personal, determined by the Agency to be necessary or convenient in the operation of any eligible institution, including facilities previously acquired or constructed by such eligible institution.
    3. "Eligible institution" means any:
      1. nonprofit library that serves the public;
      2. private or independent nonprofit university, college, primary or secondary school in the State;
      3. the University of Vermont;
      4. the Vermont State Colleges; or
        1. nonprofit hospital as defined in 18 V.S.A. § 1902 ; (5) (A) nonprofit hospital as defined in 18 V.S.A. § 1902 ;
        2. nonprofit institution whose purpose is devoted primarily to the maintenance and operation of diagnostic and therapeutic facilities for medical, surgical, or psychiatric care of ambulatory patients;
        3. nonprofit licensed nursing home; or
        4. nonprofit assisted living facility, nonprofit continuing care retirement facility, nonprofit residential care facility, or similar nonprofit facility for the continuing care of elders or the infirm, provided that such facility is owned by or under common ownership with an otherwise eligible institution, and in the case of facilities to be financed for an eligible institution provided by this subdivision (5) of this subsection (c), for which the Green Mountain Care Board, if required, has issued a certificate of need.
    4. "Bonds" means bonds authorized to be issued by the Agency under this chapter.  "Notes" means notes authorized to be issued by the Agency under this chapter.
    5. "Cost" as applied to any facilities may embrace the cost of construction; the cost of acquisition, including the acquisition of all lands, structures, property, rights, rights of way, franchises, easements, and interests in land required for the construction or operation of any facilities; the cost of demolishing or removing any buildings or structures upon land acquired hereunder, including the cost of acquiring any lands to which the buildings or structures may be moved; the cost of all furnishings, equipment and machinery, financing charges, interest prior to and during construction or acquisition and, if deemed advisable by the Agency, for a period not exceeding two years after completion of construction or acquisition, provision for reserves, cost of architectural, engineering, financial, and legal services, plans and specifications, studies, surveys, estimates of cost and of revenue, administrative expenses, expenses necessary or incident to determining the feasibility of the facilities; and any other expenses as may be necessary or incident to the construction or acquisition of the facilities, the financing thereof, and the placing of the facilities in operation.  Any obligation or expense incurred by the Agency prior to the issuance of bonds for the facilities in connection with any of the foregoing items may be included as part of the cost; provided, however, that there may be included as part of the cost the payment or reimbursement to any eligible institution of its expenditures in connection with the acquisition or construction of any facilities incurred by such eligible institution not earlier than 25 years before the financing thereof by the Agency.
    6. "Financing agreement" means the agreement or agreements between the agency and any eligible institution or guarantor in respect of any facilities, under which the payments to the Agency shall be at least sufficient to pay all of the principal of and interest and any redemption premiums on, and to provide and maintain any reserves for, the bonds or notes that shall be issued by the Agency to pay the cost of such facilities, and to pay the expenses of the Agency in connection therewith, and without limiting the generality thereof, may consist of an agreement of lease, an installment sale contract, a purchase agreement, a conditional sale agreement, a loan agreement, a purchase money mortgage, a lease and leaseback, a lease or leases directly or indirectly with the eligible institution, or such other financing agreement or any combination of the foregoing, as the Agency may determine.
    7. "Guarantor" means any person liable, directly or indirectly, under the provisions of a financing agreement for the unsatisfied obligations of the eligible institution under that agreement, whether designated a guarantor, surety, accommodation party, insurer, or other designation.

      Added 1966, No. 56 (Sp. Sess.); § 2, eff. March 12, 1966; amended 1969, No. 224 (Adj. Sess.), § 1, eff. March 31, 1970; 1971, No. 67 , §§ 1, 2, eff. April 15, 1971; 1979, No. 93 (Adj. Sess.), § 1, eff. Feb. 28, 1980; 1987, No. 30 ; 1991, No. 24 , § 10; 1997, No. 148 (Adj. Sess.), § 68, eff. April 29, 1998; 2011, No. 78 (Adj. Sess.), § 2, eff. April 2, 2012; 2013, No. 79 , § 49a; 2013, No. 96 (Adj. Sess.), § 80; 2019, No. 131 (Adj. Sess.), § 114.

    History

    Editor's note. Although 1989, No. 118 , § 3, amended each section of this title containing the word "certificate" by substituting therefor "license", the word "certificate" appearing in subsec. (c) was not changed to "license" in view of the context of the reference.

    Amendments--2019 (Adj. Sess.). Subsec. (g): Substituted "under that agreement" for "thereunder".

    Amendments--2013 (Adj. Sess.). Subdiv. (c)(5)(A): Deleted "any:" preceding "(A)".

    Subdiv. (c)(5)(D): Substituted "elders" for "the elderly" following "care of".

    Amendments--2013. Subdiv. (c)(5)(D): Substituted "Green Mountain Care Board" for "department of financial regulation" preceding "if required".

    Amendments--2011 (Adj. Sess.) Subdiv. (c)(5)(D): Substituted "department of financial regulation" for "department of banking, insurance, securities, and health care administration".

    Amendments--1997 (Adj. Sess.). Subsec. (c): Amended generally.

    Amendments--1991 Subsec. (c): Inserted "or independent" following "private".

    Amendments--1987 Subsec. (c): Inserted "any nonprofit library that serves the public" preceding "any private".

    Amendments--1979 (Adj. Sess.) Subsec. (c): Added "and for which the department of health has issued a certificate of need" following "nursing home" and deleted the second sentence.

    Subsec. (e): Substituted "twenty-five years" for "ten years" and "financing" for "acquisition" near the end of the second sentence.

    Subsec. (f): Added.

    Subsec. (g): Added.

    Amendments--1971 Subsec. (a): Inserted "and health" following "educational".

    Subsec. (c): Amended generally.

    Amendments--1969 (Adj. Sess.) Subsec. (b): Amended generally.

    Subsec. (d): Amended generally.

    Subsec. (e): Added.

    ANNOTATIONS

    Cited. Vermont Educational Buildings Financing Agency v. Mann, 127 Vt. 262, 247 A.2d 68 (1968), appeal dismissed, 396 U.S. 801, 90 S. Ct. 9, 24 L. Ed. 2d 58 (1969).

    § 3852. Vermont Educational and Health Buildings Financing Agency; creation; members.

    1. A board of 13 members known as the Vermont Educational and Health Buildings Financing Agency is created. It is a body corporate and politic constituting a public instrumentality of the State. The State Treasurer or his or her designee, the Secretaries of Education, of Human Services, and of Administration shall be members ex officio. The Governor, with the advice and consent of the Senate, shall appoint seven members for six-year terms. The members appointed by the Governor shall appoint two additional members whose term of office shall be two years.
    2. The board shall select its chair and a vice chair, a treasurer, and a secretary.  The term of the chair, vice chair, treasurer, and secretary shall be one year, and they shall be elected at the first meeting of the board each fiscal year.  All members of the board, except those ex officio, shall be entitled to reimbursement of their necessary expenses incurred in the performance of their official duties and also to per diem compensation for their services subject to approval of the Governor.
    3. [Repealed.]
    4. Notwithstanding any general or special law to the contrary, the provisions of 8 V.S.A. chapter 73 shall not apply to the Agency or to any loan made by the Agency in accordance with this title before or after February 14, 2014.

      Added 1966, No. 56 (Sp. Sess.), § 3, eff. March 12, 1966; amended 1969, No. 224 (Adj. Sess.), § 10, eff. March 31, 1970; 1971, No. 67 , § 3, eff. April 15, 1971; 1987, No. 203 (Adj. Sess.), § 21 eff. May 27, 1988; 2011, No. 40 , § 53, eff. May 20, 2011; 2013, No. 92 (Adj. Sess.), § 230, eff. Feb. 14, 2014.

    History

    2020. In subsec. (d), substituted "February 14, 2014" for "the effective date of this section".

    Reference to "Vermont educational buildings financing agency" in the section heading changed to "Vermont educational and health buildings financing agency" to conform the section heading to text of section, as amended.

    Reference to "commissioner of administration" in subsec. (a) changed to "secretary of administration" to conform reference to new title and reorganization of State government. See 3 V.S.A. § 2201.

    Amendments--2013 (Adj. Sess.). Subsec. (a): Amended generally.

    Subsec. (c): Deleted.

    Subsec. (d): Deleted "heretofore or hereafter" following "loan" and inserted "before or after the effective date of this section".

    Amendments--2011. Subsec. (a): Substituted "13" for "thirteen" preceding "members" in the first sentence and inserted ", or his or her designee," following "treasurer" in the third sentence.

    Amendments--1987 (Adj. Sess.). Subsec. (d): Added.

    Amendments--1971. Subsec. (a): Substituted "thirteen" for "twelve" preceding "members" and inserted "and health" following "educational" in the first sentence and "the secretary of human services" following "education" in the third sentence.

    Amendments--1969 (Adj. Sess.). Subsec. (b): Inserted "chairman" preceding "vice-chairman".

    ANNOTATIONS

    Cited. Vermont Educational Buildings Financing Agency v. Mann, 127 Vt. 262, 247 A.2d 68 (1968), appeal dismissed, 396 U.S. 801, 90 S. Ct. 9, 24 L. Ed. 2d 58 (1969).

    § 3853. Powers.

    The Agency may:

    1. Sue and be sued.
    2. Have a seal and alter it at pleasure.
    3. Acquire property, both real and personal, in the name of the Agency, including leasehold and other interest in land necessary or convenient in the Agency's determination for its corporate purposes, and hold, mortgage, and dispose of (including selling and leasing) all property, both real and personal, all upon such terms and conditions as the Agency may deem advisable; provided, however, that the Agency shall not be required to acquire any interest in property in connection with the financing of any facilities.
    4. Make bylaws for the management and regulation of its affairs.
    5. Appoint officers, agents, consultants, and employees and fix their compensation, subject to approval of the Governor.
    6. Make and execute financing agreements and all other instruments necessary or convenient for the exercise of the powers and functions conferred on the Agency under this chapter.
    7. Prepare plans, specifications, designs, and estimates of cost for the acquisition and construction of facilities and, by contract or its own employees, acquire, construct, improve, maintain, and operate facilities; fix, revise, and collect fees, rents, and other charges for the use or occupancy of facilities or for services rendered by facilities; contract with holders of its bonds to fix, revise, and collect fees, rents, and charges producing revenues at least sufficient to pay all costs of operation, maintenance, and repair of the facilities and the principal, interest, and redemption premium, if any, on bonds; and provide by contract or otherwise for the promulgation, by the Agency or such other body or officer as may be specified by the Agency, of such reasonable and proper rules respecting facilities as the Agency may deem necessary to assure the maximum use of the facilities at all times.
    8. Borrow money and issue negotiable bonds or notes and provide for the rights of the holders thereof.
    9. Do all things necessary or convenient to carry out the purposes of the Agency.
    10. Acquire and enter into commitments to acquire any federally guaranteed security, including any federally guaranteed mortgage, and pledge or otherwise use any such federally guaranteed security in such manner as the Agency deems in its best interests to secure or otherwise provide a source of repayment on any of its bonds or notes issued on behalf of any eligible institution or enter into any appropriate agreement with any eligible institution by which the Agency may make a loan to such eligible institution for the purpose of acquiring and entering into commitments to acquire any federally guaranteed security. Any agreement entered into pursuant to this subdivision may contain such provisions that are deemed necessary or desirable by the Agency for the security or protection of the Agency or the holders of such bonds or notes; provided, however, that the Agency, prior to making any such acquisition, commitment, or loan, shall first determine, and shall first enter into an agreement with any such eligible institution to require that the proceeds derived from any such federally guaranteed security will be used for the purpose of providing or refinancing any facilities for any eligible institution.

      Added 1966, No. 56 (Sp. Sess.), § 4, eff. March 12, 1966; amended 1969, No. 224 (Adj. Sess.), § 2, eff. March 31, 1970; 1979, No. 93 (Adj. Sess.), § 2, eff. Feb. 28, 1980; 2019, No. 131 (Adj. Sess.), § 115.

    History

    Amendments--2019 (Adj. Sess.). Subdiv. (7): Deleted "and regulations" following "proper rules".

    Subdiv. (10): Substituted "by which" for "whereby" in the first sentence.

    Amendments--1979 (Adj. Sess.). Subdiv. (3): Added "provided, however, that the agency shall not be required to acquire any interest in property in connection with the financing of any facilities" following "deem advisable".

    Subdiv. (6): Amended generally.

    Subdiv. (10): Added.

    Amendments--1969 (Adj. Sess.). Subdiv. (3): Amended generally.

    Subdiv. (7): Amended generally.

    ANNOTATIONS

    Cited. Vermont Educational Buildings Financing Agency v. Mann, 127 Vt. 262, 247 A.2d 68 (1968), appeal dismissed, 396 U.S. 801, 90 S. Ct. 9, 24 L. Ed. 2d 58 (1969).

    § 3854. Operation and management of facilities.

    1. The Agency may operate and manage, or may cause to be operated and managed by any agent or operator under written contract, facilities financed under this chapter.
    2. The Agency, in its sole discretion, shall establish fees, rates, rents, or other charges for services or products derived from facilities financed by it and no State, county, or local agency may exercise regulatory power over them.
    3. Any financing agreement authorized by this chapter shall be a general obligation of the eligible institution and may contain provisions, which may be a part of the contract with the holders of the bonds or notes of the Agency, as to:
      1. pledging all or any part of the monies, earnings, income, and revenues derived by the eligible institution from the facility or any part or parts thereof, or other real or personal property or revenues or money of the eligible institution, to secure payments required under the terms of the lease;
      2. the rates, rental fees, and other charges to be fixed and collected by the eligible institution, the amounts to be raised in each year thereby, and the use and disposition of those monies, earnings, income, and revenues;
      3. the setting aside of reserves and the creation of special funds and the regulation and disposition thereof;
      4. the procedure, if any, by which the terms of the financing agreement may be amended, the amount of bonds or notes to which holders must consent, and the manner in which the consent may be given;
      5. vesting in a trustee or trustees such specified properties, rights, powers, and duties as shall be deemed necessary or desirable for the security of the holders of the bonds or notes of the Agency issued for the facility;
      6. the obligations of the eligible institution with respect to the replacement, reconstruction, maintenance, operation, repairs, and insurance of the facility;
      7. defining the acts or omissions to act constituting a default in the obligations and duties of the eligible institution under a financing agreement, and providing for the rights and remedies of the Agency and of its bondholders or noteholders if default occurs;
      8. providing for disposition of the facility after liabilities of the Agency incurred for the facility have been met and the bonds or notes of the Agency issued therefor or secured by the revenues thereof have been paid or otherwise satisfied;
      9. any other matters of like or different character that may be deemed necessary or desirable for the security or protection of the Agency or the holders of its bonds or notes.
    4. Whenever the Agency finances a facility for any eligible institution, the eligible institution shall be responsible for the operation, maintenance, and replacement costs thereof, and the covenant to pay under the financing agreement shall be absolute and unconditional.  Only if the Agency operates and manages a facility, may it assume responsibility for costs of operation and maintenance.
    5. To obtain funds for the acquisition or construction or financing of any facilities and for other purposes authorized under this chapter, the Agency may from time to time issue negotiable bonds and notes as provided in this chapter.

      Added 1966, No. 56 (Sp. Sess.), § 5, eff. March 12, 1966; amended 1969, No. 224 (Adj. Sess.), § 3, eff. March 31, 1970; 1979, No. 93 (Adj. Sess.), § 3, eff. Feb. 28, 1980; 2019, No. 131 (Adj. Sess.), § 116.

    History

    Amendments--2019 (Adj. Sess.). Subdiv. (c)(4): Substituted "to which" for "the", deleted "of which" following "holders" and deleted "thereto" following "consent".

    Amendments--1979 (Adj. Sess.). Section amended generally.

    Amendments--1969 (Adj. Sess.). Subsec. (a): Amended generally.

    Subsec. (c): Inserted "or notes" following "bonds" in the introductory clause and in subdivs. (4), (5), (8), and (9) and "or noteholders" following "bondholders" in subdiv. (7).

    Subsec. (e): Inserted "the acquisition or" preceding "construction" and substituted "of any facilities and for other purposes authorized under this chapter" for "under this section" thereafter.

    ANNOTATIONS

    Cited. Vermont Educational Buildings Financing Agency v. Mann, 127 Vt. 262, 247 A.2d 68 (1968), appeal dismissed, 396 U.S. 801, 90 S. Ct. 9, 24 L. Ed. 2d 58 (1969).

    § 3855. Trust funds.

    1. All monies received under the authority of this chapter, whether as proceeds from the sale of bonds or notes or as revenues, shall be deemed to be trust funds to be held and applied solely as provided in this chapter.  Any officer with whom, or any bank or trust company with which, those monies are deposited shall act as trustee of them and shall hold and apply them for the purposes hereof, subject to such regulations as this chapter and the resolution authorizing the bonds or notes of any issue or the trust indenture securing the bonds may provide.
    2. All monies of the Agency derived from State, local, or federal appropriations or the sale of bonds or notes, and all monies constituting reserve funds, shall be paid to the treasurer of the Agency or to the trustee under the trust indenture securing the bonds or designated in the resolution authorizing the bonds, and all such monies shall be held, administered, secured, and applied as provided in such resolution or trust indenture.  All deposits of the monies shall, if required by such resolution or trust indenture, be secured by obligations of the United States of America or of the State of Vermont of the market value equal at all times to the amount of the deposit, and all banks and trust companies are authorized to give such security for the deposits.
    3. The Auditor of Accounts of the State of Vermont and his or her legally authorized representatives may at any time examine the accounts and books of the Agency, including its receipts, disbursements, contracts, sinking funds, investments, and any other matters relating to its financial standing.

      Added 1966, No 56 (Sp. Sess.), § 6, eff. March 12, 1966; amended 1969, No. 224 (Adj. Sess.), § 4, eff. March 31, 1970.

    History

    Amendments--1969 (Adj. Sess.). Subsec. (a): Inserted "or notes" following "bonds" in the second sentence.

    Subsec. (b): Rewrote the former first and second sentences as the first sentence and substituted "such resolution or trust indenture" for "the treasurer of the agency" preceding "be secured" in the second sentence.

    ANNOTATIONS

    Cited. Vermont Educational Buildings Financing Agency v. Mann, 127 Vt. 262, 247 A.2d 68 (1968), appeal dismissed, 396 U.S. 801, 90 S. Ct. 9, 24 L. Ed. 2d 58 (1969).

    § 3856. Bonds.

    1. The Agency is authorized to issue from time to time bonds or notes of the Agency for the purposes authorized by this chapter and refunding bonds for the purpose of refunding any bonds issued by the Agency under this chapter, including the payment of any redemption premium thereon and any interest accrued or to accrue to the date of the redemption of such bonds, irrespective of whether the bonds to be refunded have or have not matured. Refunding bonds may also be issued by the Agency for the purpose of refunding any bonds, including refunding bonds, issued by the Agency under this chapter and paying all or any part of the cost of acquiring or constructing any facilities. The issuance of the refunding bonds, the maturities and other details thereof, the rights and remedies of the holders thereof and the rights, powers, privileges, and obligations of the Agency with respect to the same shall be governed to the fullest extent feasible by the provisions of this chapter pertaining to bonds. The Agency may also issue its negotiable bonds for the purpose of paying or otherwise satisfying in accordance with their terms any bonds, mortgages, notes, loans, or other contractual obligations of any eligible institution assigned or transferred to or assumed by the Agency in connection with financing the acquisition by the Agency of any facilities from such eligible institution. Except as may otherwise be expressly provided by the Agency, bonds and notes issued under this chapter shall be general obligations, payable out of any monies or revenues of the Agency, subject only to any agreements with the holders of the bonds or notes pledging any particular monies or revenues. Notwithstanding any of the provisions of this chapter or any recitals in any bonds or notes issued under this chapter, all bonds, notes, and interest coupons appertaining to them shall have and are hereby declared to have all the qualities and incidents, including negotiability, of investment securities under the Uniform Commercial Code, but no provision of such code respecting the filing of a financing statement to perfect a security interest shall be applicable to any security interest created in connection with the issuance of any bonds or notes. No bonds or notes of the Agency may be issued to acquire or construct any facilities unless the Agency first certifies to the Governor that in its opinion such facilities are needed and will provide adequate revenue derived from rents or otherwise to repay the bonds and the interest thereon when due.
    2. The bonds shall be authorized by resolution of the board, be in such denominations and bear such date or dates, mature at such time or times not exceeding 40 years from their respective dates, be in such forms, either coupon or registered, carry such registration privileges, be executed in such manner, be payable in such medium of payment at such place or places, and be subject to such terms of redemption as the Agency may provide by resolution or in the trust indenture.  If any officer whose signature or a facsimile thereof appears on any bonds, notes, or coupons ceases to be that officer before the delivery of the bonds or notes, the signature or facsimile shall nevertheless be valid and sufficient for all purposes as if he or she had remained in office until the delivery, and any bond or note may bear the facsimile signature of or may be signed by that person although at the date of the bond or note the person may not have been that officer.  The Agency may sell bonds in such amounts and in such manner, either at public or private sale, and for such prices as it may determine may best carry out the purposes of this chapter.
    3. The bonds may be issued for any corporate purpose of the Agency including, without limiting the generality of the foregoing, payment to any reserve fund required by any trust indenture securing bonds or any bond resolution authorizing bonds.
    4. Any resolution authorizing bonds or the trust indenture securing them may contain provisions, which may be a part of the contract with the holders of the bonds, as to:
      1. pledging all or any part of the monies of the Agency to secure the payment of the bonds, including the revenues of designated facilities, the proceeds of any grant in aid of the Agency received from any private or public source, or any monies received under the terms of lease;
      2. the setting aside of the revenues or sinking funds and the regulations or disposition thereof;
      3. limitations on the purpose to which the proceeds of sale of any issue of bonds then or thereafter to be issued may be applied;
      4. limitations on the issuance of additional bonds, the terms upon which additional bonds may be issued and secured, and the refunding of outstanding or other bonds;
      5. the procedure, if any, by which the terms of any contract with bondholders may be amended or abrogated, the amount of bonds to which the holders must consent, and the manner in which consent may be given;
      6. the creation of special funds into which any monies of the Agency may be deposited;
      7. vesting in a trustee or trustees such properties, rights, powers, and duties in trust as the Agency may determine, which may include any or all of the rights, powers, and duties of the trustee appointed by the bondholders, and limiting or abrogating the right of the bondholders to appoint a trustee under such section or limiting the rights, duties, and powers of the trustee; and
      8. defining the act or omissions to act that shall constitute a default in the obligations and duties of the Agency to the bondholders and providing for the rights and remedies of the bondholders in the event of such a default, including as a matter of right the appointment of a receiver.
    5. Any pledge of revenues or other monies made by the Agency shall be valid and binding from the time when the pledge is made; the revenues or other monies so pledged and thereafter received by the Agency shall immediately be subject to the lien of the pledge without any physical delivery thereof or further act, and the lien of any such pledge shall be valid and binding as against all parties having claims of any kind in tort, contract, or otherwise against the Agency, irrespective of whether those parties have notice thereof. Neither the resolution nor any other instrument by which a pledge is created need be recorded or filed in any public record.
    6. Neither the members of the board nor any persons executing the bonds shall be liable personally on them or be subject to any personal liability or accountability by the reason of the issuance thereof.
    7. The Agency may, out of funds available therefor, purchase any bonds issued by it at a price not exceeding the redemption price thereof.  All bonds so purchased shall be cancelled.
      1. In the discretion of the Agency, the bonds may be secured by a trust indenture by and between the Agency and a corporate trustee, and the resolution authorizing the bonds may provide for the appointment of a corporate trustee for the purpose of securing the bonds, which may be any trust company or bank having the powers of a trust company in or out of the State of Vermont. (h) (1)  In the discretion of the Agency, the bonds may be secured by a trust indenture by and between the Agency and a corporate trustee, and the resolution authorizing the bonds may provide for the appointment of a corporate trustee for the purpose of securing the bonds, which may be any trust company or bank having the powers of a trust company in or out of the State of Vermont.
      2. The trust indenture or resolution authorizing the bonds:
        1. may contain reasonable provisions for protecting and enforcing the rights and remedies of the bondholders, including covenants setting forth the duties of the Agency in relation to the acquisition, construction, maintenance, operation, repair, and insurance of the facilities and the custody, safeguarding, and application of all monies; and
        2. may provide that any facility shall be constructed and paid for under the supervision and approval of a bond construction oversight committee or other internal committee of the borrower's board of directors or trustees that has been designated to provide reasonable assurance and reporting, or both, so that all phases of construction comply with applicable Vermont statutes and rules and the covenants of all bond financing agreements.
      3. The Agency may provide by the trust indenture or resolution authorizing the bonds for the payment of the proceeds of the bonds and the revenues of any facility or monies received under the terms of any lease, as the case may be, to the trustee of the trust indenture or resolution authorizing the bonds or other depository, and for the method of disbursement thereof, with such safeguards and restrictions as it may determine.
      4. If the bonds are secured by trust indenture or by the appointment of a trustee pursuant to the resolution authorizing the bonds, the bondholders shall have no authority to appoint a separate trustee to represent them.
        1. Prior to the preparation of definitive bonds, the Agency may, under like restrictions, issue interim receipts or temporary bonds, with or without coupons, exchangeable for definitive bonds when they have been executed and are available for delivery. The Agency may also provide for the replacement of any bonds or notes that shall become mutilated or shall be destroyed or lost. The Agency may exercise all the powers conferred by this chapter without obtaining the consent of any department, division, commission, board, bureau, or agency of the State and without any other conditions or things than those proceedings, conditions, or things that are specifically required by this chapter. The Agency shall have power, at any time and from time to time after the authorization under this chapter of the issuance of bonds of the Agency, to borrow money for the purpose for which the bonds are to be issued in anticipation of the receipt of the proceeds of the sale of the bonds and within the authorized maximum amount of the bonds. The Agency is authorized to issue its notes under the provisions of this subsection to evidence money thus borrowed, which notes shall be payable from the proceeds of the sale of bonds and from any other money that may be made available for such payment. The notes shall mature not later than five years after the date of the authorization of the issuance of the bonds under this chapter. The notes may be renewed from time to time, but all such notes shall mature within the time limit for the payment of the money thus borrowed. The notes shall be authorized by a resolution of the Agency and shall be in such denomination or denominations, shall bear interest at such rate or rates, shall be in such form, and shall be executed in such manner, all as the Agency shall prescribe. The notes may be sold at any public or private sale in such manner and for such prices, or, if the notes shall be renewal notes, may be exchanged for notes then outstanding on such terms, as the Agency shall determine.

          (j) In the case of bonds issued in connection with a new health care project subject to the provisions of 18 V.S.A. chapter 221, subchapter 5, the Agency shall not authorize bonds on behalf of an eligible institution defined under subdivision 3851(c)(5) of this title, unless the project and the capital expenditures associated with the project have been approved by the Green Mountain Care Board, pursuant to 18 V.S.A. chapter 221, subchapter 5. The Agency shall consider the recommendations of the Board in connection with any such proposed authorization.

          Added 1966, No. 56 (Sp. Sess.), § 7, eff. March 12, 1966; amended 1969, No. 80 , eff. April 18, 1969; 1969, No. 224 (Adj. Sess.),§§ 5, 9, eff. March 31, 1970; 2003, No. 53 , § 20; 2003, No. 63 , § 74, eff. June 11, 2003; 2011, No. 78 (Adj. Sess.), § 2, eff. April 2, 2012; 2015, No. 23 , § 43; 2019, No. 131 (Adj. Sess.), § 117.

    History

    2014. In subdiv. (d)(1), deleted "but not limited to" following "including" in accordance with 2013, No. 5 , § 4.

    Editor's note. Although 1989, No. 118 , § 3, amended each section of this title containing the word "certifies" by substituting therefor "licenses", the word "certifies" appearing in the seventh sentence of subsec. (a) was not changed to "licenses" in view of the context of the reference.

    Amendments--2019 (Adj. Sess.). Subsec. (a): Substituted "to them" for "thereto" in the sixth sentence.

    Subdiv. (d)(5): Inserted "to which" following "bonds", deleted "of which" following "holders" and deleted "thereto" following "consent".

    Amendments--2015. Subsec. (j): Substituted "Green Mountain Care Board" for "Commissioner of Financial Regulation" in the first sentence, and "Board" for "Commissioner" in the second sentence.

    Amendments--2011 (Adj. Sess.) Subsec. (j): Substituted "commissioner of financial regulation" for "commissioner of banking, insurance, securities, and health care administration".

    Amendments--2003. Subsec. (h): Amended generally by Act No. 63.

    Subsec. (j): Added by Act No. 53.

    Amendments--1969 (Adj. Sess.). Subsec. (a): Amended generally.

    Subsec. (b): Amended generally.

    Subsec. (i): Added.

    Amendments--1969. Subsec. (b): Deleted "not exceeding six per cent a year" following "rates" in the first sentence.

    ANNOTATIONS

    Cited. Vermont Educational Buildings Financing Agency v. Mann, 127 Vt. 262, 247 A.2d 68 (1968), appeal dismissed, 396 U.S. 801, 90 S. Ct. 9, 24 L. Ed. 2d 58 (1969).

    § 3857. Liability of State.

    The bonds and other obligations of the Agency shall not be a debt of the State of Vermont nor shall the State be liable thereon, nor shall they be payable out of any funds other than those of the Agency.

    Added 1966, No. 56 (Sp. Sess.), § 8, eff. March 12, 1966.

    ANNOTATIONS

    Cited. Vermont Educational Buildings Financing Agency v. Mann, 127 Vt. 262, 247 A.2d 68 (1968), appeal dismissed, 396 U.S. 801, 90 S. Ct. 9, 24 L. Ed. 2d 58 (1969).

    § 3858. Legal investment.

    The bonds and notes are hereby made securities in which all public officers and bodies of this State and all municipalities and municipal subdivisions, all insurance companies and associations, all savings banks and savings institutions, including savings and loan associations, administrators, guardians, executors, trustees, committees, and other fiduciaries, in the State may properly and legally invest funds in their control.

    Added 1966, No. 56 (Sp. Sess.), § 9, eff. March 12, 1966; amended 1969, No. 224 (Adj. Sess.), § 6, eff. March 31, 1970.

    History

    Amendments--1969 (Adj. Sess.). Inserted "and notes" following "bonds".

    § 3859. Exemptions from taxation.

    1. The creation of the Agency and the carrying out of its corporate purposes is in all respects for the benefit of the people of the State of Vermont and for the improvement of their education, health, welfare, and prosperity, and is a public purpose. The Agency will be performing an essential governmental function in the exercise of the powers conferred upon it by this chapter. The State of Vermont covenants with the holders of the bonds and notes that the Agency shall be required to pay no taxes or assessments upon any of the property acquired by it or under its jurisdiction, control, possession, or supervision, or upon its activities in the operation and maintenance of facilities, or upon any monies, revenues, or other income received by the Agency; and that the bonds and notes of the Agency and the income from them shall at all times be exempt from taxation, except for transfer and estate taxes.
    2. The State of Vermont does pledge to and agree with the holders of the bonds that the State will not limit or alter the rights hereby vested in the Agency to acquire, mortgage, construct, reconstruct, and equip the facilities; to maintain, reconstruct, improve, and operate the facilities; to establish and collect such rates, rental, fees, and other charges as may be convenient or necessary to produce sufficient revenue to meet the expense of maintenance and operation; and to fulfill the terms of any agreements made with the holders of the bonds or in any way impair the rights and remedies of the bondholders, until the bonds, together with interest, thereon, with interest on any unpaid installment of interest, and all costs and expenses incurred by the Agency in connection with the facilities or in connection with any action or proceedings by or on behalf of the bondholders, are fully met and discharged.

      Added 1966, No. 56 (Sp. Sess.), § 10, eff. March 12, 1966; amended 1969, No. 224 (Adj. Sess.), § 7, eff. March 31, 1970; 1971, No. 67 , § 4, eff. April 15, 1971; 2013, No. 92 (Adj. Sess.), § 231, eff. Feb. 14, 2014.

    History

    Amendments--2013 (Adj. Sess.). Subsec. (a): Substituted "The" for "It is hereby found, determined, and declared that the", "The Agency" for "and that the agency", and "from them" for "therefrom", and deleted "and" preceding "for the improvement".

    Amendments--1971. Subsec. (a): Inserted "health" following "education" in the first sentence.

    Amendments--1969 (Adj. Sess.). Subsec. (a): Inserted "and notes" following "bonds" in two places in the second sentence.

    ANNOTATIONS

    Cited. Vermont Educational Buildings Financing Agency v. Mann, 127 Vt. 262, 247 A.2d 68 (1968), appeal dismissed, 396 U.S. 801, 90 S. Ct. 9, 24 L. Ed. 2d 58 (1969); In re Corp. of Windham College, 34 B.R. 408 (Bankr. D. Vt. 1983).

    § 3860. Remedies of bondholders.

    1. If the Agency defaults in the payment of principal of or interest on any of the bonds of any series after they become due, either at maturity or upon call for redemption, and the default continues for a period of 30 days, or if the Agency fails or refuses to comply with this chapter or defaults in any agreement made with the holders of the bonds of the series, the holders of 25 percent in aggregate principal amount of the bonds of the series then outstanding, in addition to all other remedies provided pursuant to this chapter or other law, may appoint by an instrument filed in an office of the clerk of the county in which the principal office of the eligible institution respecting which the bonds have been issued is located, and proved or acknowledged in the same manner as a deed would be recorded, subject to the limitation specified in subsection 3856(h) of this chapter, a trustee to represent the holders of the bonds of the series for the purposes provided in this section.
    2. The trustee may, and upon written request of the holders of 25 percent of the principal amount of the bonds of any series then outstanding upon any facility, shall, in his or her or its own name:
      1. by mandamus or other suit, action, or proceeding, enforce all rights of the bondholders, including the right to require the Agency to collect rentals and other revenues of any facility adequate to carry out any agreement as to, or pledge of, the rental and other revenues, and to require the Agency to carry out any other agreements with the bondholders and to perform its and their duties under this chapter;
      2. bring suit upon the bonds of that series;
      3. by action or suit, require the Agency to account as if it were the trustee of an express trust for the bondholders;
      4. by action or suit, enjoin any acts or things that may be unlawful or violate the rights of the bondholders; and
      5. declare all bonds of that series due and payable upon any facility; and, if all defaults are made good, annul, upon the written consent of the holders of 25 percent in principal amount of the bonds of that series then outstanding, the declaration and its consequences.
    3. The Superior Court and the presiding judge where the facility is located shall have jurisdiction of any suit, action, or proceedings by the trustee on behalf of the bondholders.
    4. Before declaring the principal of all bonds of any series due and payable, the trustees shall first give 30 days' notice in writing to the Agency.
    5. Any trustee, whether or not all bonds of any series have been declared due and payable, shall be entitled as of right to the appointment of a receiver who may enter and take possession of the facility or any part of the facility and operate and maintain it and collect and receive all rentals and other revenues arising from it in the same manner as the Agency itself might do, and shall deposit all such monies in a separate account and apply the same in such manner as the court may direct. In any suit, action, or proceedings by the trustee, the fees, counsel fees, and expenses of the trustee and of the receiver, if any, shall constitute taxable disbursements and all costs and disbursements, allowed by the court shall be a first charge on any rentals and other revenues derived from the facility.
    6. The trustee shall, in addition to the provisions of this section relating to the trustee and to an extent not inconsistent with the provisions of the trust indenture or resolutions under which such trustee is acting, have all of the powers necessary or appropriate for the exercise of any functions specifically set forth in this section or incident to the general representation of the bondholders in the enforcement and protection of their rights, including the foreclosure of any mortgage given to secure the bonds and the power to liquidate any and all other security as may be given therefor.

      Added 1966, No. 56 (Sp. Sess.), § 11, eff. March 12, 1966; amended 1969, No. 224 (Adj. Sess.), § 8, eff. March 31, 1970; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 2019, No. 131 (Adj. Sess.), § 118.

    History

    Revision note. Deleted "at law or in equity" following "proceeding" in subdiv. (b)(1) and "in equity" following "suit" in subdivs. (b)(3) and (b)(4) to conform language to Rule 2, Vermont Rules of Civil Procedure, pursuant to 1971, No. 185 (Adj. Sess.), § 236(d). See note set out under 4 V.S.A. § 219.

    Substituted "presiding judge" for "court of chancery" in subsec. (c) pursuant to 1971, No. 185 (Adj. Sess.), § 236(a). See note set out under 4 V.S.A. § 219.

    Amendments--2019 (Adj. Sess.). Subsec. (a): Deleted "herein" following "the purposes" and inserted "in this section" at the end.

    Subsec. (c): Substituted "where" for "wherein".

    Subsec. (e): Substituted "of the facility" for "thereof", deleted "thereafter" following "revenues" and substituted "from it" for "therefrom".

    Subsec. (f): Substituted "provisions of this section relating to the trustee" for "foregoing" and substituted "in this section" for "herein".

    Amendments--1973 (Adj. Sess.). Subsec. (c): Substituted "superior court" for "county court".

    Amendments--1969 (Adj. Sess.). Subsec. (a): Amended generally.

    Subsec. (b): Inserted "of any series" following "bonds" in the introductory clause and "of that series" following "bonds" in subdivs. (2) and (5).

    Subsec. (d): Inserted "of any series" following "bonds".

    Subsec. (e): Inserted "of any series" following "bonds" in the first sentence.

    Subsec. (f): Inserted "and to an extent not inconsistent with the provisions of the trust indenture or resolutions under which the trustee is acting" following "foregoing" in the first sentence.

    § 3861. Compensation of members and employees of Agency.

    No officer, member, or employee of the Agency may receive, or be lawfully entitled to receive, any pecuniary profit from the operation of the Agency except reasonable compensation for services in effecting one or more of its purposes set forth under law.

    Added 1966, No. 56 (Sp. Sess.), § 12, eff. March 12, 1966; amended 2019, No. 131 (Adj. Sess.), § 119.

    History

    Amendments--2019 (Adj. Sess.). Substituted "of the Agency" for "thereof" following "operation", deleted "herein" following "purposes" and inserted "under law" at the end.

    § 3862. Reports.

    The Vermont Education and Health Buildings Finance Agency shall prepare and annually submit to the Governor a complete report listing all projects applied for, planned, in progress, and completed and a complete financial report duly audited and certified by a certified public accountant.

    Added 1966, No. 56 (Sp. Sess.), § 14, eff. March 12, 1966; amended 2003, No. 122 (Adj. Sess.), § 294j; 2013, No. 92 (Adj. Sess.), § 232, eff. Feb. 14, 2014; 2015, No. 131 (Adj. Sess.), § 26.

    History

    Editor's note. Although 1989, No. 118 , § 3, amended each section of this title containing the word "certified" by substituting therefor "licensed", the word "certified" appearing in two places in this section was not changed to "licensed" in view of the context of the reference.

    Amendments--2015 (Adj. Sess.). Substituted "The" for "Notwithstanding the provisions of 2 V.S.A. § 20(d), the" at the beginning of the section.

    Amendments--2013 (Adj. Sess.). Section amended generally.

    Amendments--2003 (Adj. Sess.). Inserted "Vermont educational and health buildings finance" preceding "agency", "consistent with 2 V.S.A. § 20(a)" following "submit" and "by January 15" following "annually" and deleted "to be distributed in the same way as state department reports" following "accountant".

    ANNOTATIONS

    Cited. Vermont Educational Buildings Financing Agency v. Mann, 127 Vt. 262, 247 A.2d 68 (1968), appeal dismissed, 396 U.S. 801, 90 S. Ct. 9, 24 L. Ed. 2d 58 (1969).

    CHAPTER 133. STATE FUNDING OF PUBLIC EDUCATION

    History

    Amendments--2003. No. 68, § 24 deleted "and Local" from the chapter heading.

    ANNOTATIONS

    Analysis

    1. Constitutionality.

    The current system for funding public education in Vermont is in violation of the State Constitution. A legitimate governmental purpose cannot be fathomed to justify the gross inequities in educational opportunities produced by this system, with its substantial dependence on local property taxes and resultant wide disparities in revenues available to local school districts. The distribution of a resource as precious as educational opportunity may not have as its determining force the mere fortuity of a child's residence. Brigham v. State, 166 Vt. 246, 692 A.2d 384 (1997), (decided under facts existing before 1997 amendments to Title 16).

    While the State Constitution does not require exact equality of funding among school districts or prohibit minor disparities attributable to unavoidable local differences, it does prohibit substantial interdistrict funding disparities. Moreover, discrimination in the distribution of a constitutionally mandated right such as education may not be excused merely because a "minimal" or "adequate" level of opportunity is provided to all. The Legislature should act under the Vermont Constitution to make educational opportunity available on substantially equal terms, the specific means of discharging this broadly defined duty being properly left to its discretion. Brigham v. State, 166 Vt. 246, 692 A.2d 384 (1997), (decided under facts existing before 1997 amendments to Title 16).

    2. Purpose of chapter.

    In enacting this chapter, the Legislature intended to change the law and practice of giving State aid as reimbursement in some measure for tuition paid by towns for their pupils attending nonpublic schools in another town. Donoghue v. Smith, 119 Vt. 259, 126 A.2d 93 (1956).

    Law review commentaries

    Law review. For article, "Adequacy in Education: An Analysis of the Constitutional Standard in Vermont," see 18 Vt. L. Rev. 7 (1993).

    Subchapter 1. General Provisions

    § 4000. Statement of policy.

    1. The intent of this chapter is to make educational opportunity available to each student in each town on substantially equal terms, in accordance with the Vermont Constitution and the Vermont Supreme Court decision of February 5, 1997, Brigham v. State of Vermont.
    2. [Repealed.]

      Added 1997, No. 60 , § 18, eff. July 1, 1998; amended 2003, No. 68 , § 25.

    History

    2013 (Adj. Sess.) Substituted "student" for "pupil" in accordance with 2013, No. 92 (Adj. Sess.), § 302.

    Amendments--2003. Subsec. (b): Repealed, applicable to fiscal year 2005 and after.

    ANNOTATIONS

    1. Construction of act.

    Equal Educational Property Act of 1997 is a remedial statute designed to rectify the inequality in educational opportunity in Vermont resulting from the State's heavy reliance on local property taxes to fund schools; therefore, the statute must be construed to accomplish that remedial purpose. Killington v. State, 172 Vt. 182, 776 A.2d 395 (2000).

    Cited. Anderson v. State, 168 Vt. 641, 723 A.2d 1147 (mem.) (1998); Town of Andover v. State, 170 Vt. 552, 742 A.2d 756 (mem.) (1999).

    § 4001. Definitions.

    As used in this chapter:

    1. "Average daily membership" of a school district or, if needed in order to calculate the appropriate homestead tax rate, of the municipality as defined in 32 V.S.A. § 5401(9) , in any year means:
      1. The full-time equivalent enrollment of students, as defined by the State Board by rule, who are legal residents of the district or municipality attending a school owned and operated by the district, attending a public school outside the district under section 822a of this title, or for whom the district pays tuition to one or more approved independent schools or public schools outside the district during the annual census period. The census period consists of the 11th day through the 30th day of the school year in which school is actually in session.
      2. The full-time equivalent enrollment in the year before the last census period, of any State-placed students as defined in subdivision 11(a)(28) of this title. A school district that provides for the education of its students by paying tuition to an approved independent school or public school outside the district shall not count a State-placed student for whom it is paying tuition for purposes of determining average daily membership. A school district that is receiving the full amount, as defined by the State Board by rule, of the student's education costs under subsection 2950(a) of this title shall not count the student for purposes of determining average daily membership. A State-placed student who is counted in average daily membership shall be counted as a student for the purposes of determining weighted student count.
      3. The full-time equivalent enrollment for each prekindergarten child as follows: If a child is enrolled in 10 or more hours of prekindergarten education per week or receives 10 or more hours of essential early education services per week, the child shall be counted as one full-time equivalent pupil. If a child is enrolled in six or more but fewer than 10 hours of prekindergarten education per week or if a child receives fewer than 10 hours of essential early education services per week, the child shall be counted as a percentage of one full-time equivalent pupil, calculated as one multiplied by the number of hours per week divided by ten. A child enrolled in prekindergarten education for fewer than six hours per week shall not be included in the district's average daily membership. There is no limit on the total number of children who may be enrolled in prekindergarten education or who receive essential early education services.
    2. "Equalized grand list" has the same meaning that equalized education property tax grand list has in 32 V.S.A. chapter 135.
    3. "Equalized pupils" means the long-term weighted average daily membership multiplied by the ratio of the statewide long-term average daily membership to the statewide long-term weighted average daily membership.
    4. , (5) [Repealed.]

      (6) "Education spending" means the amount of the school district budget, any assessment for a joint contract school, career technical center payments made on behalf of the district under subsection 1561(b) of this title, and any amount added to pay a deficit pursuant to 24 V.S.A. § 1523(b) that is paid for by the school district, but excluding any portion of the school budget paid for from any other sources such as endowments, parental fundraising, federal funds, nongovernmental grants, or other State funds such as special education funds paid under chapter 101 of this title.

      1. [Repealed.]
      2. For purposes of calculating excess spending pursuant to 32 V.S.A. § 5401(12) , "education spending" shall not include:
        1. Spending during the budget year for approved school capital construction for a project that received preliminary approval under section 3448 of this title, including interest paid on the debt, provided the district shall not be reimbursed or otherwise receive State construction aid for the approved school capital construction.
        2. For a project that received final approval for State construction aid under chapter 123 of this title:
          1. spending for approved school capital construction during the budget year that represents the district's share of the project, including interest paid on the debt; and
          2. payment during the budget year of interest on funds borrowed under subdivision 563(21) of this title in anticipation of receiving State aid for the project.
        3. Spending that is approved school capital construction spending or deposited into a reserve fund under 24 V.S.A. § 2804 to pay future approved school capital construction costs, including that portion of tuition paid to an independent school designated as the public high school of the school district pursuant to section 827 of this title for capital construction costs by the independent school that has received approval from the State Board of Education, using the processes for preliminary approval of public school construction costs pursuant to subdivision 3448(a)(2) of this title.
        4. Spending attributable to the cost of planning the merger of a small school, which for purposes of this subdivision means a school with an average grade size of 20 or fewer students, with one or more other schools.
        5. Spending attributable to the district's share of special education spending that is not reimbursed as an extraordinary reimbursement under section 2962 of this title for any student in the fiscal year occurring two years prior.
        6. A budget deficit in a district that pays tuition to a public school or an approved independent school, or both, for all of its resident students in any year in which the deficit is solely attributable to tuition paid for one or more new students who moved into the district after the budget for the year creating the deficit was passed.
        7. For a district that pays tuition for all of its resident students and into which additional students move after the end of the census period defined in subdivision (1)(A) of this section, the number of students that exceeds the district's most recent average daily membership and for whom the district will pay tuition in the subsequent year multiplied by the district's average rate of tuition paid in that year.
        8. Tuition paid by a district that does not operate a school and pays tuition for all resident students in kindergarten through grade 12, except in a district in which the electorate has authorized payment of an amount higher than the statutory rate pursuant to subsection 823(b) or 824(c) of this title.
        9. The assessment paid by the employer of teachers who become members of the State Teachers' Retirement System of Vermont on or after July 1, 2015, pursuant to section 1944d of this title.
        10. School district costs associated with dual enrollment and early college programs.
        11. Costs incurred by a school district or supervisory union when sampling drinking water outlets, implementing lead remediation, or retesting drinking water outlets as required under 18 V.S.A. chapter 24A.

          (7) "Long-term membership" of a school district in any school year means the mean average of the district's average daily membership, excluding full-time equivalent enrollment of State-placed students, over two school years, plus full-time equivalent enrollment of State-placed students for the most recent of the two years.

          (8) "Poverty ratio" means the number of persons in the school district who are aged six through 17 and who are from economically deprived backgrounds, divided by the long-term membership of the school district. A person from an economically deprived background means a person who resides with a family unit receiving nutrition benefits. A person who does not reside with a family unit receiving nutrition benefits but for whom English is not the primary language shall also be counted in the numerator of the ratio. The Secretary shall use a method of measuring the nutrition benefits population that produces data reasonably representative of long-term trends. Persons for whom English is not the primary language shall be identified pursuant to subsection 4010(e) of this title.

          (9) "Public school" means an elementary school or secondary school for which the governing board is publicly elected. A public school may maintain evening or summer school for its students and it shall be considered a public school.

          (10) "School district" means a town school district, city school district, incorporated school district, the member school districts of an interstate school district, a union school district, a unified union district, or an unorganized town or gore.

          (11) "School year" means a year beginning on July 1 and ending on the following June 30.

          (12) "Weighted long-term membership" of a school district in any school year means the long-term membership adjusted pursuant to section 4010 of this title.

          (13) "Base education amount" means a number used to calculate categorical grants awarded under this title that is equal to $6,800.00 per equalized pupil, adjusted as required under section 4011 of this title.

          (14) "Adjusted education payment" means the district's education spending per equalized pupil.

          (15) "Prekindergarten child" means a three- or four-year-old child who is enrolled in a prekindergarten program offered by or through a school district pursuant to rules adopted under section 829 of this title or who is receiving essential early education services offered pursuant to section 2956 of this title. Prekindergarten child also means a five-year-old child who otherwise meets the terms of this definition if that child is not yet eligible for or enrolled in kindergarten.

          Added 1997, No. 60 , § 18, eff. July 1, 1998; amended 1997, No. 71 (Adj. Sess.), § 117, eff. March 11, 1998; 1999, No. 152 (Adj. Sess.), § 166b; 2001, No. 8 , § 15; 2003, No. 68 , § 15, eff. June 18, 2003; 2003, No. 68 , § 25; 2003, No. 130 (Adj. Sess.), § 10; 2005, No. 182 (Adj. Sess.), § 8; 2007, No. 62 , §§ 4, 6; 2007, No. 66 , § 16; 2007, No. 66 , § 17, eff. July 1, 2009; 2007, No. 132 (Adj. Sess.), §§ 4, 5; 2009, No. 44 , §§ 16, 20, 30, eff. May 21, 2009; 2009, No. 156 (Adj. Sess.), § E.500.1, eff. June 3, 2010; 2011, No. 38 , § 1, eff. May 19, 2011; 2011, No. 45 , § 13d, eff. May 24, 2011; 2011, No. 58 , § 17, eff. May 31, 2011; 2011, No. 129 (Adj. Sess.), § 35; 2011, No. 156 (Adj. Sess.), § 23; 2013, No. 179 (Adj. Sess.), § E.514.5; 2015, No. 46 , §§ 26, 34; 2015, No. 132 (Adj. Sess.), § 3, eff. July 1, 2017; 2017, No. 173 (Adj. Sess.), § 15, eff. July 1, 2019; 2019, No. 66 , § 2, eff. June 17, 2019.

    History

    2013 (Adj. Sess.). Substituted "students" for "pupils" in subdivs. (6)(A)(iii) and (9) and "Secretary" for "commissioner" in subdiv. (8) in accordance with 2013, No. 92 (Adj. Sess.), § 302.

    - 2013. In the introductory language, changed "For the purposes of" to "As used in" to conform to V.S.A. style.

    Amendments--2019. Subdiv. (6)(B)(xi): Added.

    Amendments--2017 (Adj. Sess.). Subdiv. (6): Substituted "fundraising" for "fund raising" following "sources such as endowments, parental".

    Subdiv. (6)(B)(v): Substituted "that is not reimbursed as an extraordinary reimbursement under section 2962 of this title for any student" for "in excess of $50,000.00 for any one student".

    Amendments--2015 (Adj. Sess.). Subdiv. (6)(B)(x): Added.

    Amendments--2015. Subdiv. (6)(A): Repealed.

    Subdiv. (13): Amended generally.

    Amendments--2013 (Adj. Sess.). Subdiv. (6)(B)(ix): Added by Act 179.

    Amendments--2011 (Adj. Sess.) Subdiv. (1)(A): Act No. 129 substituted "section 822a of this title" for "an interdistrict agreement" in the first sentence.

    Subdiv. (6)(B)(viii): Added by Act No. 156.

    Amendments--2011. Subdiv. (1)(C): Amended generally.

    Subdiv. (6): Amended generally.

    Subdiv. (8): Substituted "nutrition benefits" for "Food Stamps" following "receiving" in two places and preceding "population".

    Amendments--2009 (Adj. Sess.) Subdiv. (1)(C): Substituted "determined" for "limited" following "membership shall be" in the introductory paragraph and added subdiv. (iii).

    Amendments--2009. Subdivs. (1)(A) and (1)(B): Repealed amendments made by 2007, No. 66 , § 17, which would have taken effect July 1, 2009.

    Subdivs. (6)(A) and (6)(B): Added.

    Subdiv. (13): Substituted "amount" for "payment" and inserted "a number used to calculate tax rates. The base education amount is."

    Amendments--2007 (Adj. Sess.). Subdiv. (1)(C)(ii): Inserted "offered by or through a school district" following "education".

    Subdiv. (1)(C)(ii)(II)(aa): Substituted "average daily membership" for "enrollment" following "grade".

    Subdiv. (1)(C)(ii)(II)(bb): Substituted "average daily membership" for "census count" following "grade".

    Subdiv. (1)(C)(ii)(III): Rewrote the subdiv.

    Subdiv. (1)(C)(ii)(IV): Added.

    Subdiv. (15): Deleted "public" preceding "school" and inserted "district".

    Amendments--2007. Subdivs. (1)(A), (B): Act 62 substituted "The" for "the" at the beginning of the subdivs.

    Subdiv. (1)(A): Act 66, § 16 substituted "11th day through the 30th day" for "first 40 days".

    Subdiv. (1)(B): Act 66, § 16 substituted "before" for "between the end of" following "year" and deleted "and the end of the current census period" following "census period".

    Subdiv. (1)(A): 2007, No. 66 , § 17, effective July 1, 2009, substituted "first 40 days" for "11th day through the 30th day".

    Subdiv. (1)(B): 2007, No. 66 , § 17, effective July 1, 2009, substituted "between the end of" for "before" following "year" and inserted "and the end of the current census period" following "census period".

    Subdiv. (1)(C): Added by Act 62.

    Subdiv. (15): Added by Act 62.

    Amendments--2005 (Adj. Sess.). Subdiv. (1): Inserted "or if needed in order to calculate the appropriate homestead tax rate, of the municipality as defined in 32 V.S.A. § 5401(9)" following "district".

    Subdiv. (1)(A): Inserted "or municipality" following "district" and deleted "union school assessment or" following "district pays" in the first sentence.

    Amendments--2003 (Adj. Sess.). Deleted "union school assessment or" following "district pays" in the first sentence of subdiv. (1)(A), deleted the second sentence in subdiv. (1)(B), and deleted "union school or" preceding "joint contract school" in subdiv. (6), and substituted "a union school district," for "the member towns of" in subdiv. (10), effective July 1, 2006.

    Amendments--2003. Subdivs. (4), (5): Repealed, effective July 1, 2004.

    Subdiv. (6): Amended generally.

    Subdivs. (13), (14): Added.

    Amendments--2001. Subdiv. (10): Inserted "the member school districts of an" preceding "interstate".

    Amendments--1999 (Adj. Sess.). Subdiv. (4): Deleted "equalized" preceding "yield amount".

    Amendments--1997 (Adj. Sess.). Subdiv. (6): Substituted "school district budget, any assessment for a union school or joint contract school, and any amount added to pay a deficit pursuant to 24 V.S.A. § 1523(b) which is paid for by the school district" for "school budget which is paid for" in the first sentence.

    Subdiv. (10): Deleted "joint contract school district" after "interstate school district".

    Applicability of subdiv. (13). 2015, No. 46 , § 52(h) provides that the amendments to subdiv. (13) shall take effect on July 1, 2015 and shall apply to fiscal year 2017 and after.

    Applicability of 2015 (Adj. Sess.) amendment. 2015, No. 132 (Adj. Sess.), § 10(2) provides: "Secs. (3) (excess spending exclusion) [which added subdiv. (6)(B)(x)] and 3a (excess spending) [which amended 32 V.S.A. § 5401(12)(B)] which shall take effect on July 1, 2017 and apply to excess spending calculations for fiscal year 2018 and after."

    § 4002. Payment; allocation.

    1. State and federal funds appropriated for services delivered by the supervisory union and payable through the Agency shall be paid to the order of the supervisory union and administered in accordance with the plan adopted under subdivision 261a(4) of this title. Funding for special education services under section 2969 of this title shall be paid to the supervisory unions in accordance with that section.
    2. The Secretary shall notify the superintendent or chief executive officer of each supervisory union in writing of federal or State funds disbursed to member school districts.

      Added 1997, No. 60 , § 18, eff. July 1, 1998; amended 2013, No. 92 (Adj. Sess.), § 234, eff. Feb. 14, 2014; 2015, No. 148 (Adj. Sess.), § 2, eff. July 1, 2017; 2017, No. 173 (Adj. Sess.), § 8, eff. May 25, 2018.

    History

    Amendments--2017 (Adj. Sess.). Subsec. (a): Deleted "districts and" preceding "supervisory unions".

    Amendments--2015 (Adj. Sess.). Subsec. (a): Inserted "and supervisory unions" following "paid to the districts".

    Amendments--2013 (Adj. Sess.). Subsec. (a): Substituted "Agency" for "department of education".

    Subsec. (b): Substituted "Secretary" for "commissioner".

    § 4003. Conditions.

    1. No school district shall receive any aid under this chapter unless that school district complies with the provisions of law relative to teachers' salaries, appointment of superintendents, detailed financial reports to the Agency, and any other requirements of law.
    2. Aid to any district shall not be denied unless the district unreasonably refuses to comply with the requirements of law. Any school district denied aid by reason of the provisions of this section shall have the right within 60 days from the date of such denial to appeal to the Superior Court in the county where the district is situated.

      Added 1997, No. 60 , § 18, eff. July 1, 1998; amended 2013, No. 92 (Adj. Sess.), § 235, eff. Feb. 14, 2014.

    History

    Amendments--2013 (Adj. Sess.). Subsec. (a): Substituted "Agency" for "state department of education".

    Subsec. (b): Substituted "the" for "such" throughout the subsec.

    Subchapter 2. General State Funding of Public Education

    History

    Amendments--2003. No. 68, § 24 substituted "Funding" for "Support" in the subchapter heading.

    § 4010. Determination of weighted membership.

    1. On or before the first day of December during each school year, the Secretary shall determine the average daily membership of each school district for the current school year. The determination shall list separately:
      1. resident prekindergarten children;
      2. resident students being provided elementary or kindergarten education; and
      3. resident students being provided secondary education.
    2. The Secretary shall determine the long-term membership for each school district for each student group described in subsection (a) of this section. The Secretary shall use the actual average daily membership over two consecutive years, the latter of which is the current school year.
    3. The Secretary shall determine the weighted long-term membership for each school district using the long-term membership from subsection (b) of this section and the following weights for each class:

      Prekindergarten 0.46

      Elementary or kindergarten 1.0

      Secondary 1.13

    4. The weighted long-term membership calculated under subsection (c) of this section shall be increased for each school district to compensate for additional costs imposed by students from economically deprived backgrounds. The adjustment shall be equal to the total from subsection (c) of this section, multiplied by 25 percent, and further multiplied by the poverty ratio of the district.
    5. The weighted long-term membership calculated under subsection (c) of this section shall be further increased by 0.2 for each student in average daily membership for whom English is not the primary language.
    6. [Repealed.]
    7. The Secretary shall develop guidelines to enable clear and consistent identification of students to be counted under this section.
    8. On December 1 each year, the Secretary shall determine the equalized pupil count for the next fiscal year for district review. The Secretary shall make any necessary corrections on or before December 15, on which date the count shall become final for that year.
    9. The Secretary shall evaluate the accuracy of the weights established in subsection (c) of this section and, at the beginning of each biennium, shall propose to the House and Senate Committees on Education whether the weights should stay the same or be adjusted. The provisions of 2 V.S.A. § 20(d) (expiration of required reports) shall not apply to the report to be made under this subsection.

      Added 1997, No. 60 , § 18, eff. July 1, 1998; amended 1999, No. 49 , § 2, eff. June 2, 1999; 2003, No. 68 , § 39, eff. June 18, 2003; 2003, No. 130 (Adj. Sess.), § 11; 2007, No. 62 , § 7; 2007, No. 66 , § 19; No. 82, §§ 7, 8; 2013, No. 92 (Adj. Sess.), § 236, eff. Feb. 14, 2014; 2013, No. 142 (Adj. Sess.), § 32; 2013, No. 174 (Adj. Sess.), § 53; 2015, No. 46 , § 22, eff. July 1, 2016; 2015, No. 46 , § 24, eff. July 1, 2020.

    History

    2013 (Adj. Sess.). The text of this section is based on the harmonization of two amendments. During the 2013 Adjourned Session, this section was amended twice, by Act Nos. 92 and 142, resulting in two versions of this section. In order to reflect all of the changes enacted by the Legislature during the 2013 Adjourned Session, the text of Act Nos. 92 and 142 was merged to arrive at a single version of this section. The changes that each of the amendments made are described in the amendment notes set out below.

    Amendments--2015. Subsec. (f): Section 22 of Act No. 46, effective July 1, 2016, substituted "actual number of" for "district's" preceding "equalized", inserted "in the district" preceding "in the previous", and added ", prior to making any adjustment under this subsection" following "year".

    Subsec. (f): Section 24 of Act No. 46, effective July 1, 2020, repealed this subsec.

    Amendments--2013 (Adj. Sess.). Act No. 92 substituted "Secretary" for "commissioner" and "students" for "pupils" throughout the section.

    Subsec. (b): Act No. 174 substituted "Secretary" for "commissioner" twice, and deleted the former third sentence.

    Subsec. (d): Act No. 92 inserted "of this section," preceding "multiplied".

    Subsec. (e): Act No. 92 deleted "pupil's" preceding "primary".

    Subsec. (g): Act No. 92 substituted "develop guidelines" for "adopt rules as necessary" following "shall".

    Subsec. (i): Act No. 142 added the second sentence.

    Amendments--2007. Subdiv. (a)(1): Act No. 62 rewrote the subdiv.

    Subdiv. (a)(2): Act No. 62 inserted "Resident" preceding "pupils" and "or kindergarten" following "elementary".

    Subdiv. (a)(3): Act No. 62 substituted "Resident" for "resident" preceding "pupils".

    Subsec. (c): Act 62 substituted "Prekindergarten 0.46" for "Grade Level Weight" and inserted "or kindergarten" following "Elementary".

    Subsec. (c): Act 82 substituted "1.13" for "1.25" following "Secondary".

    Subsec. (h): Added by Act 66.

    Subsec. (i): Added by Act 82 (as subsec. (h)).

    Amendments--2003 (Adj. Sess.) Deleted the second sentence in subsec. (e), and added subsec. (g) effective July 1, 2006.

    Amendments--2003. Sentence added to subsec. (b).

    Amendments--1999 Subsec. (f): Added.

    Applicability of 2013 (Adj. Sess.) amendment. 2013, No. 174 (Adj. Sess.), § 70(15) provides that § 53 (increased average daily membership) [which amended subsection (b) of this section] shall take effect on July 1, 2014 and shall apply to long-term membership calculations for fiscal year 2016 and after.

    Declining enrollment; transition. 2015, No. 46 , § 23, effective July 1, 2016 provides: "(a) If a district's equalized pupils in fiscal year 2016 do not reflect any adjustment pursuant to 16 V.S.A. § 4010(f), then Sec. 22 of this act [which amended this section] shall apply to the district in fiscal year 2017 and after.

    "(b) If a district's equalized pupils in fiscal year 2016 reflect adjustment pursuant to 16 V.S.A. § 4010(f), then, notwithstanding the provisions of § 4010(f) as amended by this act:

    "(1) in fiscal year 2017, the district's equalized pupils shall in no case be less than 90 percent of the district's equalized pupils in the previous year; and

    "(2) in fiscal year 2018, the district's equalized pupils shall in no case be less than 80 percent of the district's equalized pupils in the previous year.

    "(c) Notwithstanding the provisions of subsections (a) and (b) of this section, if a district is actively engaged in merger discussions with one or more other districts regarding the formation of a regional education district (RED) or other form of unified union school district pursuant to 16 V.S.A. chapter 11, then Sec. 22 of this act shall apply to the district in fiscal year 2018 and after, and each of the dates in subsection (b) of this section shall be adjusted accordingly. A district shall be "actively engaged in merger discussions" pursuant to this subsection (c) if on or before July 1, 2016, it has formed a study committee pursuant to 16 V.S.A. chapter 11."

    Declining enrollment; 3.5 percent hold-harmless; grandfathered districts. 2015, No. 46 , § 25, effective July 1, 2020, provides: "Beginning in fiscal year 2021, for purposes of determining weighted membership under 16 V.S.A. § 4010, a district's equalized pupils shall in no case be less than 96 and one-half percent of the actual number of equalized pupils in the district in the previous year, prior to making any adjustment under this section, if the district, on or before July 1, 2019:

    "(1) became eligible to receive incentives pursuant to Sec. 6 or 7 of this act or otherwise voluntarily merged into an Education District as defined in Sec. 5(b) of this act; or

    "(2) became eligible to receive incentives pursuant to 2010 Acts and Resolves No. 153, Sec. 4, as amended by 2012 Acts and Resolves No. 156, Sec. 13, and further amended by this act (regional education districts and eligible variations)."

    § 4011. Education payments.

    1. Annually, the General Assembly shall appropriate funds to pay for statewide education spending and a portion of a base education amount for each adult diploma student.
    2. For each fiscal year, the base education amount shall be $6,800.00, increased by the most recent New England Economic Project Cumulative Price Index, as of November 15, for state and local government purchases of goods and services from fiscal year 2005 through the fiscal year for which the amount is being determined, plus an additional one-tenth of one percent.
    3. Annually, each school district shall receive an education spending payment for support of education costs. An unorganized town or gore shall receive an amount equal to its adjusted education payment for that year for each student based on the weighted average daily membership count, which shall not be equalized. In fiscal years 2007 and after, no district shall receive more than its education spending amount.
    4. [Repealed.]
    5. [Repealed.]
    6. Annually, the Secretary shall pay to a department or agency that provides an adult diploma program an amount equal to 26 percent of the base education amount for each student who completed the diagnostic portion of the program, based on an average of the previous two years.
    7. The Secretary shall pay to a school district a percentage of the base education amount for each resident student for whom the district is paying a technical tuition to a regional career technical center but who is not enrolled in the district and therefore not counted in the average daily membership of the district. The percentage of the base education amount to be paid shall be the percentage of the student's full-time equivalent attendance at the career technical center multiplied by 87 percent.
    8. The Secretary shall make all payments required by subchapter 5 of chapter 23 of this title.
    9. Annually, by October 1, the Secretary shall send to school boards for inclusion in town reports and publish on the Agency website the following information:
      1. the statewide average district spending per equalized pupil for the current fiscal year and 125 percent of that average spending; and
      2. a statewide comparison of student-teacher ratios among schools that are similar in number of students and number of grades.

        Added 1997, No. 60 , § 18, eff. July 1, 1998; amended 1997, No. 71 (Adj. Sess.), §§ 90, 117a, eff. March 11, 1998; 1999, No. 49 , § 197; 1999, No. 108 (Adj. Sess.), § 3, eff. May 10, 2000; 2001, No. 8 , § 16; 2001, No. 63 , § 170b; 2003, No. 36 , §§ 21, 22; 2003, No. 66 , § 187b; 2003, No. 68 , § 16, eff. June 18, 2003; 2003, No. 76 (Adj. Sess.), § 25, eff. Feb. 17, 2004; 2003, No. 122 (Adj. Sess.), § 174; 2003, No. 130 (Adj. Sess.), § 15; 2005, No. 54 , § 16; 2005, No. 176 (Adj. Sess.), § 1; 2007, No. 66 , § 9; 2009, No. 4 , § 81, eff. April 24, 2009; 2009, No. 4 4, § 17, eff. May 21, 2009; 2013, No. 77 , § 8; 2017, No. 49 , § 29, eff. May 23, 2017.

    History

    2013 (Adj. Sess.). Inserted "career" or "the career" preceding "technical" in subsec. (g); and substituted "Secretary" for "commissioner" in subsecs. (f)-(h) and "Agency" for "department" in subsec. (i) in accordance with 2013, No. 92 (Adj. Sess.), § 302.

    2003. Although the Governor signed Act 68 last, the General Assembly adopted Act 66 last and intended the language of Act 66 to supersede Act 68.

    Amendments--2017. Subsec. (e): Repealed, effective May 23, 2017.

    Amendments--2013. Subsec. (e): Added the subdiv. (1) designation; substituted "For each 12th grade Vermont student enrolled, the Secretary" for "The commissioner" preceding "shall" in subdiv. (1); substituted "(VAST); and" for "for each Vermont resident, 12th grade student enrolled" following "Technology" in subdiv. (1)(A); and added subdiv. (1)(B) and subdivs. (2) through (4).

    Amendments--2009. Act No. 4 added subsec. (h) and redesignated former subsec. (h) as present subsec. (i).

    Act No. 44 substituted "amount" for "payment" throughout the section.

    Amendments--2007. Subsec. (c): Deleted the former third sentence.

    Amendments--2005 (Adj. Sess.). Subsec. (a): Deleted "and student or client in the adult education and literacy program" from the end.

    Subsec. (f): Amended generally.

    Amendments--2005 Subsec. (a): Substituted "statewide education spending" for "an adjusted education payment for each equalized pupil".

    Subsec. (c): Deleted "adjusted" preceding "education" and inserted "spending" thereafter in the first sentence and deleted the former second sentence.

    Amendments--2003 (Adj. Sess.). Subsecs. (e), (g): Act. No. 76 substituted "87" for "82" preceding "percent".

    Subdiv. (f)(1): Act No. 76 substituted "26" for "25" preceding "percent".

    Subdiv. (f)(2): Act No. 122 rewrote the second sentence and added the third sentence.

    Subsec. (d): Repealed by Act No. 130, effective July 1, 2006.

    Amendments--2003. Act 66 added language to subsecs. (a) and (f).

    Act 68 amended the section generally effective July 1, 2004.

    Amendments--2001. Subsec. (a): Act No. 63 added language to the second sentence.

    Subsec. (e): Act No. 8 deleted the first and second sentences.

    Amendments--1999 (Adj. Sess.). Subsec. (b): Added the third sentence.

    Subsec. (c): Deleted.

    Subsec. (g): Added.

    Amendments--1999 Subsec. (a): Inserted "and a portion of a general state support grant for each adult diploma student" following "equalized pupil".

    Subsec. (f): Added.

    Amendments--1997 (Adj. Sess.). Rewrote subsec. (c), added the fourth sentence in subsec. (d), and added subsec. (e).

    Fiscal year 2016 base education amount. 2015, No. 46 , § 36 provides: "As provided in 16 V.S.A. § 4011(b), the base education amount for fiscal year 2016 shall be $9,459.00."

    § 4011a. Repealed. 2017, No. 49, § 31, effective May 23, 2017.

    History

    Former § 4011a. Former § 4011a, relating to the early college program; report; appropriations, was derived from 2013, No. 77 , § 10 and amended by 2015, No. 11 , § 15. For present provisions, see § 947 of this title.

    § 4012. State-placed students.

    1. A district that provides for the education of its students by paying tuition to an approved independent school or a public school outside the district shall receive from the Secretary an amount equal to the calculated net cost per pupil in the receiving school, as defined in section 825 of this title, prorated for the percentage of annual tuition billed for a State-placed student. If the calculated net cost per pupil in a receiving independent school or school located outside Vermont is not available, the Secretary shall pay the tuition charged. A district shall not receive funds under this section if all the student's education costs are fully paid under subsection 2950(a) of this title.
    2. A school district shall request reimbursement under this section by submitting tuition bills and documentation of payment to the Secretary. The Secretary shall make reimbursement twice a year, once for requests submitted prior to January 1 and once for requests submitted prior to May 1. Requests submitted on or following May 1 shall be reimbursed in the next payment. The Secretary shall reconcile tuition overcharges in the year following payment to the school district pursuant to section 836 of this title. For the purpose of recovering any tuition overcharge, the Secretary shall be considered a receiving district.

      Added 1997, No. 60 , § 18, eff. July 1, 1998; amended 1997, No. 71 (Adj. Sess.), § 91, eff. March 11, 1998; 2013, No. 92 (Adj. Sess.), § 238, eff. Feb. 14, 2014.

    History

    Amendments--2013 (Adj. Sess.). Substituted "Secretary" for "commissioner" throughout the section and "that" for "which" in subsec. (a).

    Amendments--1997 (Adj. Sess.). Designated the existing provisions of the section as subsec. (a) and added subsec. (b).

    §§ 4013. [Reserved for future use.].

    1. Grants.  The Secretary may grant funds for voluntary early education programs. The funds may be used for personnel costs, training of parents and staff, materials and educational equipment, and other costs related to early education programs.
    2. The Secretary shall solicit proposals for early education programs from community organizations serving young children. Community organizations include school districts, other public agencies, including Head Start programs, and private agencies, including child care programs and parent-child centers.
    3. The Secretary also shall investigate to determine those areas that are not served by early education programs and whose children are in greatest need of such services. In those areas, the Secretary shall provide assistance in preparing proposals for grants. In conducting the investigation, the Secretary shall collect and analyze demographic factors that are likely to predict unusual community needs for early education services. The Secretary shall distribute the results of the analysis to all interested persons.
    4. The Secretary shall evaluate proposals based on the following criteria:
      1. The program will serve additional children with special needs, such as those who are economically disadvantaged, those who have limited English language skills, those who have a disability, or those who have experienced or are at risk of abuse or neglect.
      2. The program will rely on early screening of children's development to determine need.
      3. The program will provide experiential learning activities that are developmentally appropriate for three- and four-year old children. Such activities may be provided in home or group settings or a combination of the two.
      4. The program will include active parental involvement in program design and in making decisions about services.
      5. The program has been cooperatively developed by community and school organizations that serve young children in a town or group of towns.
      6. There is a demonstrated need for the program.
      7. The program considers the transportation needs of children and parents.
      8. The program enables children with disabilities to be served in settings with peers who do not have a disability.
      9. The program includes voluntary training for parents.
    5. The Secretary shall give preference to programs to be offered in parts of the State that do not have early education services at the time of the application.
    6. Grant proposals shall be submitted to the Secretary. Grants shall be for one year but may be renewed. No grant may exceed $30,000.00. The Secretary may, in his or her discretion, set other terms of the grant.

      Added 1987, No. 68 , § 3; amended 2011, No. 58 , § 6, eff. May 31, 2011; 2013, No. 92 (Adj. Sess.), § 239, eff. Feb. 14, 2014; 2013, No. 96 (Adj. Sess.), § 81.

    History

    Source. 16 V.S.A. § 3487, renumbered by 1997, No. 60 , § 21.

    Amendments--2013 (Adj. Sess.). Act No. 92 amended section generally. Act No. 96 amended subsec. (d).

    Amendments--2011. Subdiv. (d)(1): Substituted "disabling" for "handicapping" preceding "conditions".

    Subdiv. (d)(8): Substituted "disabling" for "handicapping" preceding "conditions", deleted "their handicapped" preceding "peers", and inserted "who do not have a disability" following "peers".

    Cross References

    Cross references. Essential early education generally, see § 2956 of this title.

    § 4015. Small school support.

    1. In this section:
      1. "Eligible school district" means a school district that:
        1. operates at least one school with an average grade size of 20 or fewer; and
        2. has been determined by the State Board, on an annual basis, to be eligible due to either:
          1. the lengthy driving times or inhospitable travel routes between the school and the nearest school in which there is excess capacity; or
          2. the academic excellence and operational efficiency of the school, which shall be based upon consideration of:
            1. the school's measurable success in providing a variety of high-quality educational opportunities that meet or exceed the educational quality standards adopted by the State Board pursuant to section 165 of this title;
            2. the percentage of students from economically deprived backgrounds, as identified pursuant to subsection 4010(d) of this title, and those students' measurable success in achieving positive outcomes;
            3. the school's high student-to-staff ratios; and
            4. the district's participation in a merger study and submission of a merger report to the State Board pursuant to chapter 11 of this title or otherwise.
      2. "Enrollment" means the number of students who are enrolled in a school operated by the district on October 1. A student shall be counted as one whether the student is enrolled as a full-time or part-time student.
      3. "Two-year average enrollment" means the average enrollment of the two most recently completed school years.
      4. "Average grade size" means two-year average enrollment divided by the number of grades taught in the district on October 1. For purposes of this calculation, kindergarten and prekindergarten programs shall be counted together as one grade.
      5. "AGS factor" means the following factors for each average grade size:
      6. "School district" means a town, city, incorporated, interstate, or union school district or a joint contract school established under chapter 11, subchapter 1 of this title.
    2. Small schools support grant: Annually, the Secretary shall pay a small schools support grant to any eligible school district. The amount of the grant shall be the greater of:
      1. the amount determined by multiplying the two-year average enrollment in the district by $500.00 and subtracting the product from $50,000.00, with a maximum grant of $2,500.00 per enrolled student; or
      2. the amount of 87 percent of the base education amount for the current year, multiplied by the two-year average enrollment, multiplied by the AGS factor.
    3. [Repealed.]
    4. [Repealed.]
    5. In the event that a school or schools that have received a grant under this section merge in any year following receipt of a grant, and the consolidated school is not eligible for a grant under this section or the small school grant for the consolidated school is less than the total amount of grant aid the schools would have received if they had not combined, the consolidated school shall continue to receive a grant for three years following consolidation. The amount of the annual grant shall be:
      1. in the first year following consolidation, an amount equal to the amount received by the school or schools in the last year of eligibility;
      2. in the second year following consolidation, an amount equal to two-thirds of the amount received in the previous year; and
      3. in the third year following consolidation, an amount equal to one-third of the amount received in the first year following consolidation.

        Added 1997, No. 71 (Adj. Sess.), § 92, eff. March 11, 1998; amended 1999, No. 49 , § 3, eff. June 2, 1999; 1999, No. 66 (Adj. Sess.), § 39, eff. Feb. 8, 2000; 2003, No. 68 , § 23, eff. July 1, 2004; 2003, No. 76 (Adj. Sess.), § 27, eff. Feb. 17, 2004; 2007, No. 82 , § 28; 2009, No. 44 , § 19, eff. May 21, 2009; 2011, No. 129 (Adj. Sess.), § 7, eff. May 11, 2012; 2013, No. 92 (Adj. Sess.), § 240, eff. Feb. 14, 2014; 2015, No. 48 , § 6; 2015, No. 46 , § 20, eff. July 1, 2019.

    Average grade size More than: - but less than or equal to: Factor: 0 7 0.19 7 9 0.175 9 10 0.16 10 11 0.145 11 12 0.13 12 13 0.115 13 14 0.10 14 15 0.085 15 16 0.070 16 17 0.055 17 18 0.040 18 19 0.025 19 20 0.015

    History

    Amendments--2017. Subdiv. (a)(2): Added the present third sentence.

    Amendments--2015. Subsec. (d): Repealed.

    Amendments--2015. Act No. 46, effective July 1, 2019, rewrote subdiv. (a)(1), and repealed subsec. (c).

    Act No. 48 repealed subsec. (d).

    Amendments--2013 (Adj. Sess.). Section amended generally.

    Amendments--2011 (Adj. Sess.). Subdiv. (a)(6): Substituted "or union school district or a joint contract school established under subchapter 1 of chapter 11 of this title" for "union or joint contract school district".

    Amendments--2009. Substituted "base education amount" for "base education payment" in subdiv. (b)(2), subsecs. (c) and (d).

    Amendments--2007. Subsec. (e): Inserted "or the small school grant for the consolidated school is less than the total amount of grant aid the schools would have received if they had not combined" following "section" in the first sentence.

    Amendments--2003 (Adj. Sess.). Subdiv. (b)(2): Substituted "87" for "82" preceding "percent".

    Subsec.(c): Substituted "87" for "82" preceding "percent".

    Amendments--2003. Subdiv. (b)(2): Substituted "82 percent of the base education payment" for "the general state support grant".

    Subsec. (c): Substituted "82 percent of the base education payment" for "the general state support grant amount".

    Subsec. (d): Substituted "82 percent of the base education payment" for "the general state support grant".

    Subsec. (e): Added.

    Amendments--1999 (Adj. Sess.). Subsec. (a): Added subdiv. (6).

    Amendments--1999. Subsecs. (a), (b): Amended generally.

    Effective date and applicability. 2015, No. 46 , § 52(d) provides: "Sec. 20 (small school support) [which amended this section] shall take effect on July 1, 2019, and shall apply to grants made in fiscal year 2020 and after."

    Merger support grants. 2015, No. 46 , §§ 6, 7, and 15 provide exceptions to 2015 No. 46, § 20.

    § 4016. Reimbursement for transportation expenditures.

    1. A school district or supervisory union that incurs allowable transportation expenditures shall receive a transportation reimbursement grant each year. The grant shall be equal to 50 percent of allowable transportation expenditures; provided, however, that in any year the total amount of grants under this subsection shall not exceed the total amount of adjusted base year transportation grant expenditures. The total amount of base year transportation grant expenditures shall be $10,000,000.00 for fiscal year 1997, increased each year thereafter by the annual price index for state and local government purchases of goods and services. If in any year the total amount of the grants under this subsection exceed the adjusted base year transportation grant expenditures, the amount of each grant awarded shall be reduced proportionately. Transportation grants paid under this section shall be paid from the Education Fund and shall be added to adjusted education payment receipts paid under section 4011 of this title.
    2. In this section, "allowable transportation expenditures" means the costs of transporting students to and from school for regular classroom services and shall not include expenditures for transporting students participating in curricular activities that take place off the school grounds or for transporting students participating in cocurricular activities. The State Board shall further define allowable transportation expenditures by rule.
    3. A district or supervisory union may apply and the Secretary may pay for extraordinary transportation expenditures incurred due to geographic or other conditions such as the need to transport students out of the school district to attend another school because the district does not maintain a public school. The State Board shall define extraordinary transportation expenditures by rule. The total amount of base year extraordinary transportation grant expenditures shall be $250,000.00 for fiscal year 1997, increased each year thereafter by the annual price index for state and local government purchases of goods and services. Extraordinary transportation expenditures shall not be paid out of the funds appropriated under subsection (b) of this section for other transportation expenditures. Grants paid under this section shall be paid from the Education Fund and shall be added to adjusted education payment receipts paid under section 4011 of this title.

      Added 2003, No. 107 (Adj. Sess.), § 12; amended 2013, No. 92 (Adj. Sess.), § 241, eff. Feb. 14, 2014.

    History

    Amendments--2013 (Adj. Sess.). Subsec. (a): Substituted "or supervisory union that" for "which".

    Subsec. (b): Substituted "or" for "nor" and "State Board" for "state board of education".

    Subsec. (c): Inserted "or supervisory union" and substituted "Secretary" for "commissioner" and "State Board" for "state board of education".

    § 4025. Education Fund.

    1. The Education Fund is established to comprise the following:
      1. all revenue paid to the State from the statewide education tax on nonhomestead and homestead property under 32 V.S.A. chapter 135;
      2. [Repealed.]
      3. revenues from State lotteries under 31 V.S.A. chapter 14 and from any multijurisdictional lottery game authorized under that chapter;
      4. 25 percent of the revenues from the meals and rooms taxes imposed under 32 V.S.A. chapter 225;
      5. one-third of the revenues raised from the purchase and use tax imposed by 32 V.S.A. chapter 219, notwithstanding 19 V.S.A. § 11(1) ;
      6. revenues raised from the sales and use tax imposed by 32 V.S.A. chapter 233; and
      7. Medicaid reimbursement funds pursuant to subsection 2959a(f) of this title.
    2. Monies in the Education Fund shall be used for the following:
      1. To make payments to school districts and supervisory unions for the support of education in accordance with the provisions of section 4028 of this title, other provisions of this chapter, the provisions of 32 V.S.A. chapter 135, and the Flexible Pathways Initiative established by section 941 of this title, but excluding adult education and literacy programs under section 945 of this title.
      2. To cover the cost of fund auditing, accounting, and of short-term borrowing to meet fund cash flow requirements.
      3. To make payments required under 32 V.S.A. § 6066(a)(1) and only that portion attributable to education taxes, as determined by the Commissioner of Taxes, of payments required under 32 V.S.A. § 6066(a)(3) . The State Treasurer shall withdraw funds from the Education Fund upon warrants issued by the Commissioner of Finance and Management based on information supplied by the Commissioner of Taxes. The Commissioner of Finance and Management may draw warrants for disbursements from the Fund in anticipation of receipts. All balances in the Fund at the end of any fiscal year shall be carried forward and remain a part of the Fund. Interest accruing from the Fund shall remain in the Fund.
      4. To make payments to the Vermont Teachers' Retirement Fund for the normal contribution in accordance with subsection 1944(c) of this title.
      5. To make payments for contracted services to support statewide administrative education systems, including the costs of the statewide school finance and financial management data system to complete the reporting required by subdivision 242(4) of this title and pursuant to 2018 (Sp. Sess.) Acts and Resolves No. 11, Sec. E.500.1.
    3. [Repealed.]
    4. Upon withdrawal of funds from the Education Fund for any purpose other than those authorized by this section, 32 V.S.A. chapter 135 (education property tax) is repealed.

      Added 1997, No. 60 , § 18, eff. July 1, 1998; amended 1997, No. 71 (Adj. Sess.), § 4, eff. March 11, 1998, § 68; 1997, No. 147 (Adj. Sess.), § 159(a); 1999, No. 1 , § 102, eff. March 31, 1999; 1999, No. 62 , § 127; 1999, No. 66 (Adj. Sess.), § 52, eff. Feb. 8, 2000; 1999, No. 1 52 (Adj. Sess.), § 166b; 2001, No. 63 , § 277; 2001, No. 102 (Adj. Sess.), § 35a, eff. May 15, 2002; 2003, No. 19 , § 50, eff. May 6, 2003; 2003, No. 68 , § 36, eff. July 1, 2004; 2005, No. 38 , § 4a, eff. June 2, 2005; 2005, No. 215 (Adj. Sess.), § 285; 2007, No. 65 , § 184; 2009, No. 1 (Sp. Sess.), § E.513.1, eff. June 2, 2009; 2009, No. 67 (Adj. Sess.), § 63, eff. Feb. 25, 2010; 2009, No. 1 56 (Adj. Sess.), § E.139; 2011, No. 63 , § E.513.1, eff. July 1, 2012; 2011, No. 63 , § E.513.2; 2011, No. 143 (Adj. Sess.), § 56, eff. July 1, 2013; 2013, No. 179 (Adj. Sess.), § E.513.1; 2015, No. 48 , § 7; 2015, No. 172 (Adj. Sess.), § E.513; 2017, No. 85 , § E.500.2; 2017, No. 85 , § H.3, eff. July 1, 2018; 2018, No. 11 (Sp. Sess.), § H.8; 2019, No. 72 , § E.500.1; 2019, No. 88 (Adj. Sess.), § 66, eff. March 4, 2020.

    History

    2019. In subdiv. (a)(1), substituted "nonhomestead" for "nonresidential" in accordance with 2019, No. 46 , § 2, effective January 1, 2020.

    - 2013 (Adj. Sess.). In subdiv. (b)(1), substituted "section 945" for "subdivision 1049(a)" to reflect redesignation of the subsec. by 2013, No. 77 , § 6.

    1999. Subdiv. (a)(13), which was enacted as subdiv. (a)(12) by 1999, No. 62 , § 127, was redesignated to avoid conflict with existing subdiv. (a)(12), as added by 1999, No. 1 , § 102.

    Amendments--2019 (Adj. Sess.) Subsec. (b): Substituted "shall" for "may" in the introductory language.

    Amendments--2019. In subsec. (b), substituted "may" for "shall" in the introductory paragraph and added subdiv. (b)(5).

    Amendments--2018 (Sp. Sess.). Section amended generally.

    Amendments--2017. Subsec. (a): Act No. 85, Sec. H.3, substituted "The" for "An" preceding "Education".

    Subdiv. (a)(6): Act No. 85, Sec. H.3, substituted "Thirty-six" for "Thirty-five" preceding "percent".

    Subdiv. (b)(4): Added by Act No. 85, Sec. E.500.2.

    Amendments--2015 (Adj. Sess.). Subdiv. (a)(2): Amended generally.

    Amendments--2015. Subdiv. (a)(4): Repealed.

    Amendments--2013 (Adj. Sess.). Subdiv. (a)(2): Substituted "$277,400,000.00" for "$276,240,000.00" following "Education Fund shall be".

    Amendments--2011 (Adj. Sess.). Subdiv. (a)(6): Substituted "Thirty-five percent" for "One-third" and "32 V.S.A. chapter 233" for "chapter 233 of Title 32".

    Amendments--2011. Subsec. (a)(2): Substituted "$276,240,000.00" for "$280,200,000.00" and "2012" for "2008".

    Subdiv. (b)(1): Inserted "and to provide funding for the community high school of Vermont" following "title".

    Amendments--2009 (Adj. Sess.). Subdiv. (b)(1): Act No. 67 Inserted ", and to make payments to carry out programs of adult education in accordance with section 1049(a) of this title" following "Title 32" at the end of the subdiv.

    Subsec. (c): Act No. 156 Inserted "and grand list maintenance assistance" preceding "payments" and substituted "32 V.S.A. §§ 4041a and 5405(f)" for "section 4041a of Title 32".

    Amendments--2009. Subdiv. (b)(2): Inserted "of fund auditing, accounting, and" after "cost" and inserted "short-term" before "borrowing."

    Amendments--2007. Subdiv. (a)(2): Rewrote the subdiv.

    Amendments--2005 (Adj. Sess.). Subsec. (c): Deleted the last four sentences.

    Amendments--2005 Subsec. (c): Added the third through sixth sentences.

    Amendments--2003. Act 19 was superseded by Act 68.

    Subsec. (a): Amended generally by Act 68, effective July 1, 2004.

    Amendments--2001 (Adj. Sess.). Subdiv. (a)(11): Added the second sentence.

    Amendments--2001. Subdiv. (b)(3): Amended generally.

    Amendments--1999 (Adj. Sess.). Subdiv. (a)(2): Act No. 152 deleted "equalized" preceding "yield amount".

    Subdiv. (a)(12): Repealed by Act No. 66.

    Amendments--1999 Subdiv. (a)(12): Added by Act Nos. 1 and 62.

    Amendments--1997 (Adj. Sess.). Subsec. (a): Act No. 71 deleted "general" preceding "funds" and inserted "or transferred" following "appropriated" in subdiv. (3) and added subdivs. (5)-(11).

    Subsec. (b): Amended generally by Act No. 147.

    Subsec. (c): Act No. 71 deleted "and equalization studies pursuant to section 5405 of Title 32 and for reappraisal payments pursuant to section 4041a of Title 32" following "section 4041a of Title 32".

    Act No. 147 deleted "for staff, equipment, lister training and administration of the equalization studies pursuant to section 5405 of Title 32, and" preceding "to assist" and "and for reappraisal payments pursuant to section 4041a of Title 32" following "section 5405 of Title 32".

    Dedicated use of sales and use tax on cannabis. 2019, No. 164 (Adj. Sess.), § 17c provides: "Notwithstanding 16 V.S.A. § 4025(b), revenue from the sales and use tax imposed by 32 V.S.A. chapter 233 on retail sales of cannabis or cannabis products in this State shall be used to fund a grant program to start or expand afterschool and summer learning programs, with a focus on increasing access in underserved areas of the State." Sec. 17c takes effect on March 1, 2022.

    Annual budgeting of sales and use tax revenue. 2019, No. 164 (Adj. Sess.), § 17d provides: "On or before November 15, 2021 and on or before each subsequent November 15, the Agency of Education shall submit to the General Assembly a plan to fund grants in furtherance of the purposes of Sec. 17c of this act. The grants shall be in an amount equal to the official forecasted revenues to be raised from the sales and use tax imposed by 32 V.S.A. chapter 233 on cannabis or cannabis products in this State. The provisions of 2 V.S.A. § 20(d) (expiration of required reports) shall not apply to the plan to be made under this subsection." Sec. 17d took effect on October 7, 2020.

    ANNOTATIONS

    1. Constitutionality.

    Elementary school students' claim of inability to obtain equal educational opportunity was both premature and speculative, and their constitutional challenge to Equal Education Opportunity Act was therefore dismissed. Anderson v. State, 168 Vt. 641, 723 A.2d 1147 (mem.) (1998).

    § 4026. Education Fund budget stabilization reserve; creation and purpose.

    1. It is the purpose of this section to reduce the effects of annual variations in State revenues upon the Education Fund budget of the State by reserving certain surpluses in Education Fund revenues that may accrue for the purpose of offsetting deficits.
    2. There is hereby created an Education Fund budget stabilization reserve determined on a budgetary basis and administered by the Commissioner of Finance and Management. Any budgetary basis undesignated Education Fund surplus occurring at the close of a fiscal year shall be reserved within the Education Fund budget stabilization reserve, provided that the balance reserved shall not exceed five percent of the prior fiscal year education fund appropriations, reduced by the amount distributed to school districts by municipalities for netting purposes under 32 V.S.A. § 5402(c) , and any additional amounts as may be authorized by the General Assembly. Any undesignated Education Fund surplus and accrued interest remaining after the Education Fund budget stabilization reserve has been brought to the maximum authorized level shall remain in the Education Fund. When the General Assembly next meets, it may specifically appropriate the use of the undesignated Education Fund surplus for increased support for education.
    3. In any fiscal year, if the Education Fund is found to have an undesignated fund deficit, the Education Fund budget stabilization reserve shall be used by the Commissioner of Finance and Management to the extent necessary to offset the undesignated fund deficit as determined by generally accepted accounting principles.
    4. Determination of the amount of the undesignated Education Fund surplus or fund deficit in any fiscal year for the purposes of this section shall be made by the Commissioner of Finance and Management. Adjustments shall be made to the amounts authorized in subsections (b) and (c) of this section upon receipt of the final audited annual report of the Commissioner of Finance and Management.
    5. The enactment of this chapter and other provisions of the Equal Educational Opportunity Act of which it is a part have been premised upon estimates of balances of revenues to be raised and expenditures to be made under the act for such purposes as adjusted education payments, categorical State support grants, provisions for property tax income sensitivity, payments in lieu of taxes, current use value appraisals, tax stabilization agreements, the stabilization reserve established by this section, and for other purposes. If the stabilization reserve established under this section should in any fiscal year be less than 5.0 percent of the prior fiscal year's appropriations from the Education Fund, as defined in subsection (b) of this section, the Joint Fiscal Committee shall review the information provided pursuant to 32 V.S.A. § 5402b and provide the General Assembly its recommendations for change necessary to restore the stabilization reserve to the statutory level provided in subsection (b) of this section.

      Added 1997, No. 60 , § 18, eff. July 1, 1998; amended 1997, No. 71 (Adj. Sess.), § 94, eff. March 11, 1998; 2001, No. 63 , § 265; 2001, No. 110 (Adj. Sess.), § 46, eff. May 23, 2002; 2003, No. 68 , § 26, eff. June 18, 2003; 2019, No. 6 , § 83, eff. April 22, 2019.

    History

    Reference in text. The Equal Educational Opportunity Act, referred to in subsec. (e), was passed by 1997, No. 60 , § 2 and is principally codified as Title 16.

    2006. In subsec. (e), substituted "5402b" for "5402a" to correct a statutory cross reference.

    Amendments--2019 Subsec. (e): In the second sentence substituted "5.0" for "3.5" preceding "percent".

    Amendments--2003. Subsec. (e): Substituted "adjusted education payments" for "general state support grants for education" and inserted "review the information provided pursuant to section 5402a of Title 32 and" following "committee shall", effective July 1, 2004.

    Amendments--2001 (Adj. Sess.). Subsec. (e): Substituted "as defined in subsection (b) of this section, the joint fiscal committee" for "established by section 4025 of this title, the joint fiscal committee, in consultation with the joint legislative oversight committee on educational restructuring" in the second sentence.

    Amendments--2001. Subsec. (b): Deleted "the appropriations from the education fund for" preceding "the prior fiscal year" and inserted "education fund appropriations, reduced by the amount distributed to school districts by municipalities for netting purposes under § 5402(c) of Title 32" thereafter.

    Amendments--1997 (Adj. Sess.). Subsec. (e): Substituted "subsection (b)" for "subsection (a)" at the end of the second sentence.

    § 4027. Education Fund transfer amounts.

    1. [Repealed.]
    2. Annually, on or before June 1, each superintendent shall report to the Agency, on a form prescribed by the Secretary, each education budget that was adopted by May 1 for the following fiscal year by the member districts of the supervisory union and for which no petition for reconsideration has been filed. A superintendent shall report a budget adopted following May 1, to the Agency, between 30 to 40 days following adoption or, if a petition for reconsideration has been filed, within 10 days of final adoption of the budget.

      Added 1997, No. 60 , § 18, eff. July 1, 1998; amended 1997, No. 71 (Adj. Sess.), §§ 5, 95, eff. March 11, 1998; 1999, No. 49 , § 20, eff. June 2, 1999; 1999, No. 62 , § 174a; 1999, No. 108 (Adj. Sess.), § 4, eff. May 10, 2000; 1999, No. 152 (Adj. Sess.), § 166a; 2001, No. 63 , § 165a, eff. June 16, 2001; 2003, No. 68 , § 19, eff. June 18, 2003; 2003, No. 107 (Adj. Sess.), § 21; 2003, No. 122 (Adj. Sess.), § 294w; 2013, No. 92 (Adj. Sess.), § 242, eff. Feb. 14, 2014.

    History

    Amendments--2013 (Adj. Sess.). Subsec. (b): Substituted "Agency" for "department of education" twice, "Secretary" for "commissioner", and "that" for "which".

    Amendments--2003 (Adj. Sess.). Subsec. (a): Repealed by Act Nos. 107 and 122.

    Amendments--2003. Section amended generally, effective July 1, 2004.

    Amendments--2001. Subsec. (c): Deleted.

    Subsec. (d): Amended generally.

    Subsec. (e): Substituted "which was adopted by May 1" for "adopted", added "and for which no petition for reconsideration has been filed" at the end of the first sentence, and added the second sentence.

    Amendments--1999 (Adj. Sess.). Act No. 108 substituted "each superintendent shall" for "each school district shall", "the department of education, on a form prescribed by the commissioner, each local", for "the commissioner its local", and "year by the member districts of the supervisory union" for "year on a form prescribed by the commissioner" in subsec. (e).

    Act No. 152 deleted "equalized" preceding "yield amount" in the section heading, added new subsec. (a), redesignated former subsecs. (a) and (b), as present subsecs. (b) and (c), deleted former subsec. (c), and substituted "each superintendent shall" for "each school district shall", "the department of education, on a form prescribed by the commissioner, each local" for "the commissioner its local" and "year by the member districts of the supervisory union" for "year on a form prescribed by the commissioner" in subsec. (e).

    Amendments--1999 Subsec. (c): Added "plus any additional amount that may be allocated for this purpose in any fiscal year by the general assembly".

    Subsec. (e): Added.

    Amendments--1997 (Adj. Sess.). Subsec. (a): Substituted "education" for "taxes" following "commissioner of" in the introductory paragraph.

    Subsec. (b): Inserted "local education spending portion of the" preceding "school district's" in the first sentence, added the second sentence, and inserted "union school district or joint contract district" preceding "subsequently" in the third sentence.

    ANNOTATIONS

    1. Constitutionality.

    Equalized-yield provision in education funding statute did not unconstitutionally delegate legislative authority to Vermont municipalities, because all details of equalization mechanism were specified in the provision, and it did not delegate Legislature's lawmaking functions. Stowe Citizens for Responsible Government v. State, 169 Vt. 559, 730 A.2d 573 (mem.) (1999).

    Elementary school students' claim of inability to obtain equal educational opportunity was both premature and speculative, and their constitutional challenge to Equal Education Opportunity Act was therefore dismissed. Anderson v. State, 168 Vt. 641, 723 A.2d 1147 (mem.) (1998).

    § 4028. Fund payments to school districts.

    1. On or before September 10, December 10, and April 30 of each school year, one-third of the adjusted education payment under section 4011 of this title shall become due to school districts, except that districts that have not adopted a budget by 30 days before the date of payment under this subsection shall receive one-quarter of the base education amount and upon adoption of a budget shall receive additional amounts due under this subsection.
    2. Payments made for special education under chapter 101 of this title, for career technical education under chapter 37 of this title, and for other aid and categorical grants paid for support of education shall also be from the Education Fund.
      1. Any district that has adopted a school budget that includes high spending, as defined in 32 V.S.A. § 5401(12) , shall, upon timely notice, be authorized to use a portion of its high spending penalty to reduce future education spending: (c) (1)  Any district that has adopted a school budget that includes high spending, as defined in 32 V.S.A. § 5401(12) , shall, upon timely notice, be authorized to use a portion of its high spending penalty to reduce future education spending:
        1. by entering into a contract with an operational efficiency consultant or a financial systems consultant to examine issues such as transportation arrangements, administrative costs, staffing patterns, and the potential for collaboration with other districts;
        2. by entering into a contract with an energy or facilities management consultant; or
        3. by engaging in discussions with other school districts about reorganization or consolidation for better service delivery at a lower cost.
      2. To the extent approved by the Secretary, the Agency shall pay the district from the property tax revenue to be generated by the high spending increase to the district's spending adjustment as estimated by the Secretary, up to a maximum of $5,000.00. For the purposes of this subsection, "timely notice" means written notice from the district to the Secretary by September 30 of the budget year. If the district enters into a contract with a consultant pursuant to this subsection, the consultant shall not be an employee of the district or of the Agency. A copy of the consultant's final recommendations or a copy of the district's recommendations regarding reorganization, as appropriate, shall be submitted to the Secretary, and each affected town shall include in its next town report an executive summary of the consultant's or district's final recommendations and notice of where a complete copy is available. No district is authorized to obtain funds under this section more than one time in every five years.
    3. Notwithstanding 2 V.S.A. § 502(b)(2) , the Joint Fiscal Office shall prepare a fiscal note for any legislation that requires a supervisory union or school district to perform any action with an associated cost, but does not provide money or a funding mechanism for fulfilling that obligation. Any fiscal note prepared under this subsection shall be completed no later than the date that the legislation is considered for a vote in the first committee to which it is referred.

      Added 1997, No. 60 , § 18, eff. July 1, 1998; amended 1997, No. 71 (Adj. Sess.), § 70, eff. July 1, 1999; 1997, No. 71 (Adj. Sess.),§ 118, eff. March 11, 1998; 1997, No. 147 (Adj. Sess.), § 159(b); 1999, No. 152 (Adj. Sess.), § 166b; 2003, No. 68 , § 20, eff. June 18, 2003; 2005, No. 38 , § 10, eff. June 2, 2005; 2007, No. 66 , § 10; 2009, No. 44 , § 19, eff. May 21, 2009; 2013, No. 92 (Adj. Sess.), § 243, eff. Feb. 14, 2014; 2013, No. 174 (Adj. Sess.), § 68, eff. June 4, 2014; 2015, No. 23 , § 41.

    History

    2013 (Adj. Sess.). Inserted "career" preceding "technical education" in subsec. (b) in accordance with 2013, No. 92 (Adj. Sess.), § 302.

    Amendments--2015. Subsec. (d): Substituted "2 V.S.A. § 502(b)(2)" for "32 V.S.A. § 502(b)(2)" in the first sentence.

    Amendments--2013 (Adj. Sess.). Act No. 92 amended section generally. Act No. 174 added subsec. (d).

    Amendments--2009. Subsec. (a): Substituted "base education amount" for "base education payment."

    Amendments--2007. Subsec. (c): Rewrote the subsec.

    Amendments--2005 Subsec. (c): Added.

    Amendments--2003. Section amended generally, effective July 1, 2004.

    Amendments--1999 (Adj. Sess.). Subsec. (a): Deleted "equalized" preceding "yield amount".

    Amendments--1997 (Adj. Sess.). Subsec. (a): Act No. 71 substituted "September 10, December 10 and April 30" for "September 1, January 2 and March 30" in the introductory paragraph.

    Subsec. (b): Act No. 71 deleted "and" preceding "for technical education" and inserted "and for other categorical grants paid for support of education" following "chapter 37 of this title".

    Act No. 147 inserted "and for other aid and categorical grants paid for support of education" following "chapter 37 of this title".

    § 4029. Use of funds for education.

    1. Funds received by a school district may be used only for legitimate items of current education expense and shall not be used for municipal services.
    2. Funds received by a municipality other than a school district may not be used directly or indirectly for education expenses.
    3. If the Secretary determines that a school district has spent funds paid under section 4028 of this title for an item that is not a legitimate item of current education expense, the treasurer of the municipality shall, within 90 days, remit the amount of the expenditure to the Education Fund. The treasurer shall use funds raised pursuant to 17 V.S.A. § 2664 , 20 V.S.A. § 2601 , or 24 V.S.A. § 1309 for this purpose. If the Secretary determines that a municipality other than a school district has spent funds for an item that is a legitimate item of current education expense, the treasurer of the municipality shall transfer the amount of the expenditure from the local education fund to the municipal fund.
    4. The legislative body of a school district or other municipality may appeal a decision of the Secretary under this section to the State Board, which shall hear the appeal de novo in the manner provided by 3 V.S.A. chapter 25 for the hearing of contested cases. A legislative body of a school district or other municipality may appeal a decision of the State Board to the Superior Court of the district in which the municipality is located. The Superior Court shall hear the matter de novo in the manner provided by Rule 74 of the Vermont Rules of Civil Procedure. An appeal from the decision of the Superior Court shall be to the Supreme Court under the Vermont Rules of Appellate Procedure.
    5. For the purposes of this section, notwithstanding any provision of municipal law to the contrary, "legitimate items of current educational expense" may include reasonable payments to a municipality for services performed on behalf of a school district by its corresponding town or city clerk, the town or city treasurer, or the town or city auditors.
    6. Annually, on a form prescribed by the Secretary, each school district shall report for the previous school year the amount it paid to or received from its corresponding municipality or municipal officials, including any payments made pursuant to subsection (e) of this section, and any property or in-kind services it donated to or received from its corresponding municipality.

      Added 1997, No. 60 , § 18, eff. July 1, 1998; amended 1999, No. 49 , § 21, eff. June 2, 1999; 2003, No. 68 , § 22, eff. June 18, 2003; 2013, No. 92 (Adj. Sess.), § 244, eff. Feb. 14, 2014.

    History

    Amendments--2013 (Adj. Sess.). Section amended generally.

    Amendments--2003. Section amended generally, effective July 1, 2004.

    Amendments--1999. Subsecs. (e), (f): Added.

    § 4030. Data submission; corrections.

    1. Upon discovering an error or change in data submitted to the Secretary for the purpose of determining payments to or from the Education Fund, a school district shall report the error or change to the Secretary as soon as possible. Any budget deficit or surplus due to the error or change shall be carried forward to the following year.
    2. The Secretary shall use data submitted on or before January 15 prior to the fiscal year that begins the following July 1, in order to calculate the amounts due each school district for any fiscal year for the following:
      1. transportation aid due under section 4016 of this title; and
      2. the small school support grant due under section 4015 of this title.
    3. The Secretary shall use data corrections regarding local education budget amounts submitted on or before June 15 prior to the fiscal year that begins the following July 1, in order to calculate the education payments due under section 4011 of this title. However, the Secretary may use data submitted after June 15 and prior to July 15 due to unusual or exceptional circumstances as determined by the Secretary.
    4. The Secretary shall not use data corrected due to an error submitted following the deadlines to recalculate the equalized pupil ratio under subdivision 4001(3) of this title. The Secretary shall not adjust average daily membership counts if an error or change is reported more than three fiscal years following the date that the original data was due.
    5. The State Board may adopt rules as necessary to implement the provisions of this section.

      Added 1999, No. 108 (Adj. Sess.), § 5, eff. May 10, 2000; amended 2003, No. 36 , § 18; 2003, No. 68 , § 27, eff. June 18, 2003; 2003, No. 107 (Adj. Sess.), § 13; 2011, No. 58 , § 7; 2013, No. 92 (Adj. Sess.), § 245, eff. Feb. 14, 2014.

    History

    Amendments--2013 (Adj. Sess.). Substituted "Secretary" for "commissioner" throughout the section and "State Board" for "board" in subsec. (e).

    Amendments--2011. Subsec. (b): Deleted former subdiv. (1) and redesignated former subdivs. (2) and (3) as present subdivs. (1) and (2) and in present subdiv. (1), substituted "section 4016 of this title" for "Sec. 98 of Act No. 71 of 1998" following "under".

    Subsec. (c): Substituted "education payments due" for "amounts due each school district" preceding "under" and "4011" for "4027" following "section".

    Subsec. (d): Substituted "average daily membership counts" for "payments to or from the education fund" following "adjust" and deleted the former last sentence.

    Amendments--2003 (Adj. Sess.). Subsec. (c): Added the second sentence.

    Amendments--2003. Amended generally, effective July 1, 2004.

    § 4031. Unorganized towns and gores.

    1. For a municipality that, as of January 1, 2004, is an unorganized town or gore, its education property tax spending adjustment under 32 V.S.A. § 5401(13) shall be one for purposes of determining the tax rate under 32 V.S.A. § 5402(a)(2) .
    2. For purposes of a claim for property tax credit under 32 V.S.A. chapter 154 by a taxpayer in a municipality affected under this section, the applicable percentage shall not be multiplied by a spending adjustment under 32 V.S.A. § 5401(13) .

      Added 2003, No. 36 , § 23; 2003, No. 68 , § 17, eff. July 1, 2004; amended 2003, No. 76 (Adj. Sess.), § 21, eff. Feb. 17, 2004; 2015, No. 46 , § 31.

    History

    2019. In subsec. (b), substituted "adjustment" for "credit" following "property tax" in accordance with 2019, No. 51 , § 33.

    Amendments--2015. Subsec. (a): Substituted "education property tax" for "district" preceding "spending adjustment" and inserted "under 32 V.S.A. § 5401(13)" preceding "shall be one".

    Subsec. (b): Added "under 32 V.S.A. § 5401(13)" at the end of the sentence.

    Amendments--2003 (Adj. Sess.). Section amended generally.

    Applicability of section. 2015, No. 46 , § 52(h) provides that Section 31 of that act [which amends this section] shall take effect on July 1, 2015 and shall apply to fiscal year 2017 and after.

    § 4014. Early education.