§ 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.

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 Repealed. 1969, No. 298 (Adj.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

§ 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.
   26. 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.
   27. "Tutorial program" means education provided to a student who is placed in a short-term program for evaluation and treatment purposes.
   28. "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.
   29. [Repealed.]
   30. 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.
   31. "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.
   32. "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
       3. 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.

   33. 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

   34. "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."
   35. "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.

§ 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.

§ 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.

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 Repealed. 2009, No. 135 (Adj.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

§ 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.

§ 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.

§ 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.

§ 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.

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 Repealed. 1977, No. 131 (Adj.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

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 Repealed. 1977, No. 247 (Adj.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

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 Repealed. 1961, No. 247, § 4.

§ 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.

§ 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.

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 Repealed. 2011, No. 139 (Adj.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

§ 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.

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 Repealed. 1995, No. 188 (Adj.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

§ 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.

§ 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.

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 Repealed. 2009, No. 33, § 83(g)(1).

§ 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.

§ 132. Secondary schools; provision of contraceptives.

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.

§ 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.

§ 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.

§ 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.

§ 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 physical fitness and comprehensive health education as defined in section 131 of this title.
2. The Secretary shall establish an Advisory Council on Wellness and Comprehensive Health that shall include at least three members with expertise in health services, health education, or health policy; at least one member who is a school counselor; and at least one member who is a school social worker. The members shall serve without compensation. The Council shall assist the Agency to plan, coordinate, and encourage wellness and comprehensive health programs in the public schools and shall meet not less than twice a year. The Council shall also examine and coordinate state health wellness policies and federal wellness policies to identify and, if possible, eliminate any redundancies.
3. The Secretary shall collaborate with other agencies and councils working on childhood wellness to:
   1. Supervise the preparation of appropriate wellness program 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. [Repealed.]
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; 2021, No. 66 , § 9, eff. June 7, 2021.

§ 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.

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

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

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

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

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

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

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

§ 145. Repealed. 1961, No. 247, § 4.

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

§ 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 the State's geographic, gender, racial, and ethnic diversity. 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; 2021, No. 66 , § 19, eff. June 7, 2021.

§ 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.

§ 164. State Board; general powers and duties.

The State Board shall engage local school board members and the broader education community and, consistent with the provisions of this title, its own rules, and rules adopted by the Secretary, establish and regularly update a long-term strategic vision for the delivery of educational services in Vermont; advise the General Assembly, the Governor, and the Secretary of Education on high-priority educational policies and issues as they arise; and act in accordance with legislative mandates, including the adoption of rules and executing special assignments. 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 in respect thereto, not inconsistent with law.
4. [Repealed.]
5. [Repealed.]
6. Make regulations 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 to carry out the powers and duties of the Board as directed by the General Assembly, within the limitations of legislative intent.
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; 2021, No. 66 , § 20, eff. June 7, 2021.

§ 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.

§ 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.

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

§ 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.
   8. 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) .
      2. 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.
      3. 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. Tuition bills.  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. Tuition students; assessments.  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; 2021, No. 20 , § 51.

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

§ 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.

§ 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.

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

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

§ 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).

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

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

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

§ 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.

§ 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. Rules; investigations.  The Board may adopt rules and perform investigations in order to effectuate the purposes of this section.
10. Cessation.  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. Enforcement.  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. Violations.  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. Reciprocity.  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; 2021, No. 20 , § 52.

§ 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.

§ 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.

§ 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.

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

§ 180. Student rights - Freedom of expression.

1. 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. (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 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. 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.
3. 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.
4. 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.
5. 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.
6. 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.
7. A student journalist may not be disciplined for acting in accordance with this section.
8. 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.
9. Each school or its governing body shall adopt a written policy consistent with the provisions of this section.
10. 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; amended 2021, No. 20 , § 53.

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

§ 205. Repealed. 1961, No. 31, § 3.

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

§ 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 or the State Librarian.
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; 2021, No. 66 , § 4, eff. June 7, 2021.

§ 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.

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

§ 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. Grant Program.  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; 2021, No. 20 , § 54.

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

§ 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.

§ 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.
3. 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.
4. 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.
5. 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.
6. Arrange for the provision of the professional training required in subsection 561(b) of this title.
7. 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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 34 U.S.C. § 40104.
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; 2021, No. 20 , § 55.

§ 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.

§ 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.
4. 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.
5. 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.
6. 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.
7. 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.
8. 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.
9. 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.
10. 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.
11. 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.
12. 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.

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

1. 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.
2. 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.
3. 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.
4. 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.

§ 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.

§ 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.

§ 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.

§ 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.
2. 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.
3. 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.
4. 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.

§ 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.

§ 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.

§ 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.

§ 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.

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

§ 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.

§ 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, or 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; 2021, No. 20 , § 56.

§ 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.

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

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

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

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

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

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

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

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 430. [Deleted.].

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

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

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

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 513. Repealed. 2007, No. 66, § 15.

§ 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.

§ 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.

§§ 541-549. Repealed. 1973, No. 23, § 1, eff. March 1, 1973.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 559. Public bids.

1. Cost threshold.  When the cost exceeds $40,000.00, 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 $40,000.00 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; 2021, No. 72 , § 8, eff. June 8, 2021.

§ 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.

§ 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.

§ 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.

§ 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 and 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.
11. 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.

12. 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.
13. [Repealed.]
14. Shall provide, at the expense of the district, subject to the approval of the superintendent, all text books, learning materials, equipment, and supplies.
15. Shall exercise the general powers given to a legislative branch of a municipality.
16. 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.
17. -(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; 2021, No. 20 , § 57.

§ 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.

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

§ 565. Repealed. 2011, No. 129 (Adj. Sess.), § 11, eff. May 11, 2012.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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

§ 570f. Harassment; notice and response.

1. 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.
2. 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.
3. 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.
4. 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§§ 601, 602. Repealed. 1967, No. 277 (Adj. Sess.), § 39.

§§ 611-625. Repealed. 1967, No. 277 (Adj. Sess.), § 39.

§§ 641-644. Repealed. 1967, No. 277 (Adj. Sess.), § 39.

§§ 661-663. Repealed. 1967, No. 277 (Adj. Sess.), § 39.

§§ 691-693. Repealed. 1967, No. 277 (Adj. Sess.), § 39.

§ 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.

§ 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.

§ 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.

§ 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

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 706t. Repealed. 1969, No. 298 (Adj. Sess.), § 79.

§ 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.

§ 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.

§ 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.

§ 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).

§ 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).

§ 711b. Repealed. 2003, No. 130 (Adj. Sess.), § 15(4).

§ 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.

§ 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.

§ 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.

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

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§§ 731-761. Repealed. 1969, No. 298 (Adj. Sess.), § 79.

§ 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.

§ 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 ( )

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.).

§ 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.

§ 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 ( )

§ 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.