16 V.S.A. § 2002 — VT Code / Title 16 / Chapter 57 / Section 2002
§ 2002. Access to materials and facilities
Status: in_force

The school board shall permit teachers, administrators, and their respective organizations access at reasonable times to areas in which teachers and administrators work, and to use institutional bulletin boards, mail boxes, or other communication media subject to reasonable regulation by the school board, and to use school facilities at reasonable times for the purpose of meetings concerned with the exercise of rights guaranteed by this chapter.
16 V.S.A. § 806m — VT Code / Title 16 / Chapter 19 / Section 806m
§ 806m. Financing of the interstate commission - Article XIV
Status: in_force

A. The Interstate Commission shall pay or provide for the payment of the reasonable expenses of its establishment, organization, and ongoing activities.

B. The Interstate Commission may levy on and collect an annual assessment from each member state to cover the cost of the operations and activities of the Interstate Commission and its staff which must be in a total amount sufficient to cover the Interstate Commission's annual budget as approved each year. The aggregate annual assessment amount shall be allocated based upon a formula to be determined by the Interstate Commission, which shall promulgate a rule binding upon all member states.

C. The Interstate Commission shall not incur obligations of any kind prior to securing the funds adequate to meet the same; nor shall the Interstate Commission pledge the credit of any of the member states, except by and with the authority of the member state.

D. The Interstate Commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the Interstate Commission shall be subject to the audit and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the Interstate Commission shall be audited yearly by a certified or licensed public accountant, and the report of the audit shall be included in and become part of the annual report of the Interstate Commission.

E. The Interstate Commission may not assess, levy, or collect from Vermont in its annual assessment more than $2,000.00 per year. Other funding sources may be accepted and used to offset expenses related to the State's participation in the compact.
16 V.S.A. § 1222 — VT Code / Title 16 / Chapter 27 / Section 1222
§ 1222. Students who may be furnished transportation
Status: in_force

(a) Each legal pupil, as defined in section 1073 of this title, who is entitled or required to attend an elementary school or a secondary school may be furnished with total or partial transportation to school, or board, as in the opinion of the school board is reasonable and necessary to enable the student to attend school. Each school board shall adopt a transportation policy for students required to attend school in accordance with the procedure specified in subdivision 563(1) of this title. The policy shall consider the transportation needs of students, including such factors as the age and health of a student, distance to be travelled, and condition and type of highway. The policy and any subsequent amendments shall be filed in the principal's office in each school in the district. Compensation may be paid to parents or guardians and shall be payable only in return for actual transportation or board as shall be stipulated by the school board.

(b) The provisions of 23 V.S.A. § 376 relative to the use of motor vehicles for a municipal purpose shall apply to this section.

(c) Expenditures by a school district for transportation or board under this chapter shall be included in computing current school expenses under chapter 123 of this title.
16 V.S.A. § 3854 — VT Code / Title 16 / Chapter 131 / Section 3854
§ 3854. Operation and management of facilities
Status: in_force

(a) The Agency may operate and manage, or may cause to be operated and managed by any agent or operator under written contract, facilities financed under this chapter.

(b) The Agency, in its sole discretion, shall establish fees, rates, rents, or other charges for services or products derived from facilities financed by it and no State, county, or local agency may exercise regulatory power over them.

(c) Any financing agreement authorized by this chapter shall be a general obligation of the eligible institution and may contain provisions, which may be a part of the contract with the holders of the bonds or notes of the Agency, as to:

(1) pledging all or any part of the monies, earnings, income, and revenues derived by the eligible institution from the facility or any part or parts thereof, or other real or personal property or revenues or money of the eligible institution, to secure payments required under the terms of the lease;

(2) the rates, rental fees, and other charges to be fixed and collected by the eligible institution, the amounts to be raised in each year thereby, and the use and disposition of those monies, earnings, income, and revenues;

(3) the setting aside of reserves and the creation of special funds and the regulation and disposition thereof;

(4) the procedure, if any, by which the terms of the financing agreement may be amended, the amount of bonds or notes to which holders must consent, and the manner in which the consent may be given;

(5) vesting in a trustee or trustees such specified properties, rights, powers, and duties as shall be deemed necessary or desirable for the security of the holders of the bonds or notes of the Agency issued for the facility;

(6) the obligations of the eligible institution with respect to the replacement, reconstruction, maintenance, operation, repairs, and insurance of the facility;

(7) defining the acts or omissions to act constituting a default in the obligations and duties of the eligible institution under a financing agreement, and providing for the rights and remedies of the Agency and of its bondholders or noteholders if default occurs;

(8) providing for disposition of the facility after liabilities of the Agency incurred for the facility have been met and the bonds or notes of the Agency issued therefor or secured by the revenues thereof have been paid or otherwise satisfied; and

(9) any other matters of like or different character that may be deemed necessary or desirable for the security or protection of the Agency or the holders of its bonds or notes.

(d) Whenever the Agency finances a facility for any eligible institution, the eligible institution shall be responsible for the operation, maintenance, and replacement costs thereof, and the covenant to pay under the financing agreement shall be absolute and unconditional. Only if the Agency operates and manages a facility, may it assume responsibility for costs of operation and maintenance.

(e) To obtain funds for the acquisition or construction or financing of any facilities and for other purposes authorized under this chapter, the Agency may from time to time issue negotiable bonds and notes as provided in this chapter.
16 V.S.A. § 3446 — VT Code / Title 16 / Chapter 123 / Section 3446
§ 3446. Appeal [Effective July 1, 2026]
Status: in_force

Any municipal corporation as defined in section 3447 of this title aggrieved by an order, allocation, or award of the Agency of Education may, within 30 days, appeal to the Superior Court in the county in which the project is located.
16 V.S.A. § 2902 — VT Code / Title 16 / Chapter 99 / Section 2902
§ 2902. Tiered system of supports and educational support team
Status: repealed

(a) Within each school district's comprehensive system of educational services, each public school shall develop and maintain a tiered system of academic and behavioral supports for the purpose of providing all students with the opportunity to succeed or to be challenged in the general education environment. For each school it maintains, a school district board shall assign responsibility for developing and maintaining the tiered system of supports either to the superintendent pursuant to a contract entered into under section 267 of this title or to the school principal. The school shall provide all students a full and fair opportunity to access the system of supports and achieve educational success. The tiered system of supports shall, at a minimum, include an educational support team, instructional and behavioral interventions, and accommodations that are available as needed for any student who requires support beyond what can be provided in the general education classroom and may include intensive, individualized interventions for any student requiring a higher level of support.

(b) The tiered system of supports shall:

(1) be aligned as appropriate with the general education curriculum;

(2) be designed to enhance the ability of the general education system to meet the needs of all students;

(3) be designed to provide necessary supports promptly, regardless of an individual student's eligibility for categorical programs;

(4) seek to identify and respond to students in need of support for emotional or behavioral challenges and to students in need of specialized, individualized behavior supports;

(5) provide all students with a continuum of evidence-based positive behavioral practices that promote social and emotional learning, including trauma-sensitive programming, that are both school-wide and focused on specific students or groups of students;

(6) promote collaboration with families, community supports, and the system of health and human services; and

(7) provide professional development, as needed, to support all staff in full implementation of the multi-tiered system of support.

(c) The educational support team for each public school in the district shall be composed of staff from a variety of teaching and support positions and shall:

(1) Determine which enrolled students require additional assistance to be successful in school or to complete secondary school based on indicators set forth in guidelines developed by the Secretary, such as academic progress, attendance, behavior, or poverty. The educational support team shall pay particular attention to students during times of academic or personal transition.

(2) Identify the classroom accommodations, remedial services, and other supports to be provided to the identified student.

(3) Assist teachers to plan for and provide services and accommodations to students in need of classroom supports or enrichment activities.

(4) Develop an individualized strategy, in collaboration with the student's parents or legal guardian whenever possible, to assist the identified student to succeed in school and to complete his or her secondary education.

(5) Maintain a written record of its actions.

(6) [Repealed.]

(d) No individual entitlement or private right of action is created by this section.

(e) The Secretary shall establish guidelines for teachers and administrators in following federal laws relating to provision of services for children with disabilities and the implementation of this section. The Secretary shall develop and provide to supervisory unions information to share with parents of children suspected of having a disability that describes the differences between the tiered system of academic and behavioral supports required under this section, Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794, and the Individuals with Disabilities Education Act, 20 U.S.C. chapter 33, including how and when school staff and parents of children having a suspected disability may request interventions and services under those entitlements.

(f) It is the intent of the General Assembly that a gifted and talented student shall be able to take advantage of services that an educational support team can provide. It is not the intent of the General Assembly that funding under chapter 101 of this title shall be available for a gifted and talented student unless the student has been otherwise determined to be a student for whom funding under that chapter is available.

(g) The tiered system of academic and behavioral supports required under this section shall not be used by a school district to deny a timely initial comprehensive special education evaluation for children suspected of having a disability. The Agency of Education shall adopt policies and procedures to ensure that a school district's evaluation of a child suspected of having a disability is not denied because of implementation of the tiered system of academic and behavioral supports. The policies and procedures shall include:

(1) the definition of what level of progress is sufficient for a child to stop receiving instructional services and supports through the tiered system of academic and behavioral supports;

(2) guidance on how long children are to be served in each tier; and

(3) guidance on how a child's progress is to be measured.
16 V.S.A. § 2731 — VT Code / Title 16 / Chapter 83 / Section 2731
§ 2731. Appointment of State members of board
Status: in_force

Eight persons shall represent the State as members of the board. One board member shall be a member of the Senate, appointed by the President of the Senate; one shall be a Representative, appointed by the Speaker of the House of Representatives; one board member shall be appointed by the Vermont Council on Higher Education, Inc.; and three shall be appointed by the Governor. Each of the board members appointed under this section shall serve for a term of six years. However, not more than two board members' terms shall expire in any year, and appointments for terms of less than six years may be made as necessary for this purpose. A board member may be appointed to fill the unexpired term of a member who dies, resigns, or becomes disqualified to serve. The President of the University of Vermont and State Agricultural College and the presiding officer of the Vermont State Colleges Corporation shall be ex officio members of the board.
16 V.S.A. § 1936 — VT Code / Title 16 / Chapter 55 / Section 1936
§ 1936. Creditable service; military service
Status: repealed

(a) Each member shall receive membership service credit for all service rendered while a member of the System since he or she became a member, or since he or she last became a member in the event of a break in his or her membership.

(b) [Repealed.]

(c) Creditable service shall consist of membership service credit, any other service allowable under this chapter, and service transferred under 3 V.S.A. § 495.

(d) Credit shall also be granted for any period of absence from service due to any class of military service of the United States approved by the Retirement Board, provided the member returns to service as a teacher as defined under section 1931 of this title within 90 days after having become discharged or separated from military service, as if such service had been service as a teacher. The earnable compensation of the teacher at the time of entering such military service shall be deemed to be the earnable compensation for the period of such service.

(e) Credit shall also be granted for any period of absence from service in connection with an approved workers' compensation claim as a result of a work-related injury, provided the employee provides evidence of the period covered by the approved workers' compensation claim upon return to active service. The earnable compensation of the employee at the time of entering the absence from service resulting from an approved workers' compensation claim or the wages plus all other wage replacement compensation received while on the approved period of absence, whichever provides for the highest total compensation, shall be deemed to be the earnable compensation for the period of service. The total compensation under this subsection shall not exceed what the earnable compensation would have been had the member not been injured.
16 V.S.A. § 2879c — VT Code / Title 16 / Chapter 87 / Section 2879c
§ 2879c. Tax exemption
Status: in_force

(a) The assets of the Vermont Higher Education Investment Plan held by the Corporation and the assets of any similar plan qualified under Section 529 of the Internal Revenue Code and any income from them shall be exempt from all taxation by the State or any of its political subdivisions. Income earned or received from the Fund by any participant or beneficiary shall not be subject to State income tax and shall be eligible for any benefits provided in accordance with the Investment Plan provisions of the Internal Revenue Code. The exemption from taxation under this section shall apply only to assets and income maintained, accrued, or expended pursuant to the requirements of the Vermont Higher Education Investment Plan, the provisions of this subchapter, and the applicable provisions of the Internal Revenue Code. No exemption shall apply to assets and income expended for any other purposes.

(b) Contributions to an account held under a Vermont Higher Education Investment Plan that is provided directly by the Corporation to a participant shall be eligible for a credit against Vermont income tax as provided under 32 V.S.A. § 5825a.
16 V.S.A. § 3445 — VT Code / Title 16 / Chapter 123 / Section 3445
§ 3445. Approval and funding of school construction projects [Effective July 1, 2026]
Status: in_force

(a) Construction aid.

(1) Preliminary application for construction aid. A school district eligible for assistance under section 3447 of this title that intends to construct or purchase a new school, or make extensive additions or alterations to its existing school, and desires to avail itself of State school construction aid shall submit a written preliminary application to the Secretary. A preliminary application shall include information required by the Agency by rule and shall specify the need for and purpose of the project.

(2) Approval of preliminary application.

(A) When reviewing a preliminary application for approval, the Secretary shall consider:

(i) regional educational opportunities and needs, including school building capacities across school district boundaries, and available infrastructure in neighboring communities;

(ii) economic efficiencies;

(iii) the suitability of an existing school building to continue to meet educational needs; and

(iv) statewide educational initiatives.

(B) The Secretary may approve a preliminary application if:

(i)(I) the project or part of the project fulfills a need occasioned by:

(aa) conditions that threaten the health or safety of students or employees;

(bb) facilities that are inadequate to provide programs required by State or federal law or regulation;

(cc) excessive energy use resulting from the design of a building or reliance on fossil fuels or electric space heat; or

(dd) deterioration of an existing building; or

(II) the project results in consolidation of two or more school buildings and will serve the educational needs of students in a more cost-effective and educationally appropriate manner as compared to individual projects constructed separately;

(ii) the need addressed by the project cannot reasonably be met by another means;

(iii) the proposed type, kind, quality, size, and estimated cost of the project are suitable for the proposed curriculum and meet all legal standards;

(iv) the applicant achieves the level of “proficiency” in the school district quality standards regarding facilities management adopted by rule by the Agency; and

(v) the applicant has completed a facilities master planning process that:

(I) engages robust community involvement;

(II) considers regional solutions;

(III) evaluates environmental contaminants; and

(IV) produces a facilities master plan that unites the applicant's vision statement, educational needs, enrollment projections, renovation needs, and construction projects.

(3) Priorities. Following approval of a preliminary application and provided that the district has voted funds or authorized a bond for the total estimated cost of a project, the Agency, with the advice of the State Aid for School Construction Advisory Board, shall assign points to the project as prescribed by rule of the Agency so that the project can be placed on a priority list based on the number of points received.

(4) Request for legislative appropriation. The Agency shall submit its annual school construction funding request to the Governor as part of its budget pursuant to subdivision 212(21) of this title. Following submission of the Governor's recommended budget to the General Assembly pursuant to 32 V.S.A. § 306, the House Committee on Education and the Senate Committee on Education shall recommend a total school construction appropriation for the next fiscal year to the General Assembly.

(5) Final approval for construction aid.

(A) Unless approved by the Secretary for good cause in advance of commencement of construction, a school district shall not begin construction before the Secretary approves a final application. A school district may submit a written final application to the Secretary at any time following approval of a preliminary application.

(B) The Secretary may approve a final application for a project provided that:

(i) the project has received preliminary approval;

(ii) the district has voted funds or authorized a bond for the total estimated cost of the project;

(iii) the district has made arrangements for project construction supervision by persons competent in the building trades;

(iv) the district has provided for construction financing of the project during a period prescribed by the Agency;

(v) the project has otherwise met the requirements of this chapter;

(vi) if the proposed project includes a playground, the project includes a requirement that the design and construction of playground equipment follow the guidelines set forth in the U.S. Consumer Product Safety Commission Handbook for Public Playground Safety; and

(vii) if the total estimated cost of the proposed project is less than $50,000.00, no performance bond or irrevocable letter of credit shall be required.

(C) The Secretary may provide that a grant for a high school project is conditioned upon the agreement of the recipient to provide high school instruction for any high school pupil living in an area prescribed by the Agency who may elect to attend the school.

(D) A district may begin construction upon receipt of final approval. However, a district shall not be reimbursed for debt incurred due to borrowing of funds in anticipation of aid under this section.

(6) Award of construction aid.

(A) The base amount of an award shall be 20 percent of the eligible debt service cost of a project. Projects are eligible for additional bonus incentives as specified in rule for up to an additional 20 percent of the eligible debt service cost. Amounts shall be awarded annually and are subject to an annual appropriation for the purposes of the program.

(B) As used in subdivision (A) of this subdivision (6), “eligible debt service cost” of a project means the product of the lifetime cost of the bond authorized for the project and the ratio of the approved cost of a project to the total cost of the project.

(b) Emergency aid. Notwithstanding any other provision of this section, the Secretary may grant aid for a project the Secretary deems to be an emergency in the amount of 30 percent of eligible project costs, up to a maximum eligible total project cost of $300,000.00.
16 V.S.A. § 4012 — VT Code / Title 16 / Chapter 133 / Section 4012
§ 4012. State-placed students
Status: in_force

(a) A district that provides for the education of its students by paying tuition to an approved independent school or a public school outside the district shall receive from the Secretary an amount equal to the calculated net cost per pupil in the receiving school, as defined in section 825 of this title, prorated for the percentage of annual tuition billed for a State-placed student. If the calculated net cost per pupil in a receiving independent school or school located outside Vermont is not available, the Secretary shall pay the tuition charged. A district shall not receive funds under this section if all the student's education costs are fully paid under subsection 2950(a) of this title.

(b) A school district shall request reimbursement under this section by submitting tuition bills and documentation of payment to the Secretary. The Secretary shall make reimbursement twice a year, once for requests submitted prior to January 1 and once for requests submitted prior to May 1. Requests submitted on or following May 1 shall be reimbursed in the next payment. The Secretary shall reconcile tuition overcharges in the year following payment to the school district pursuant to section 836 of this title. For the purpose of recovering any tuition overcharge, the Secretary shall be considered a receiving district.
16 V.S.A. § 1946a — VT Code / Title 16 / Chapter 55 / Section 1946a
§ 1946a. Tax exemption for member of retirement system of another state or political subdivision thereof
Status: in_force

Payments received by a member of a retirement system of another state or political subdivision thereof, whether called a pension, an annuity, a retirement allowance, or any other name, shall be exempt from taxation, including income tax, provided that such member was at the time of retirement a member of the teaching or supervising staff covered by such retirement system. The term “teaching or supervising staff” shall include the superintendent, assistant superintendents, principals, supervisors, assistant supervisors, directors, assistant directors, examiners, supervising school physicians, supervisors of health education, supervising nurses, and all other persons permanently employed in giving or supervising instruction in a public day school, normal school, teachers' college, or other educational institution located in, and supported and controlled by, any state or political subdivision thereof.
16 V.S.A. § 1933 — VT Code / Title 16 / Chapter 55 / Section 1933
§ 1933. Members generally
Status: repealed

(a) Membership in the System shall be a condition of employment for all teachers. A person shall not join the System as a Group A member. A person shall not join the system as a Group B member after June 30, 1990. A service shall not be included in the creditable service of any member unless the member was a member at the time the service was performed or is entitled to credit under section 1936 or 1944 of this title or was transferred under 3 V.S.A. § 495.

(b), (c) [Repealed.]

(d) Should any Group A or Group C member who has less than five years of creditable service in any period of seven consecutive years after last becoming a member be absent from service more than six years, or should a member withdraw the member's accumulated contributions or die or retire under the provisions of this chapter, the member shall thereupon cease to be a member. However, the membership of any teacher granted leave of absence by the member's school board for the purpose of professional study or for the acceptance of an exchange position shall be continued during such leave of absence subject to Board rules, if the member does not withdraw the member's contributions, if any, and such member shall be considered in the service of the State for the purposes of the System during such leave of absence. In the case of leaves of absence granted by a member's school board for purposes other than for professional study or for an exchange position, service credit shall be granted upon a contribution by the member or the member's school board. Such contribution shall be made at the member's current rate multiplied by the member's earnable compensation for the year preceding the leave of absence.

(e) [Repealed.]
16 V.S.A. § 2944 — VT Code / Title 16 / Chapter 101 / Section 2944
§ 2944. Special education
Status: repealed

(a)-(c) [Repealed.]

(d) The Secretary with the advice of the State Board may make grants for programs and may make grants, subject to conditions the Secretary shall establish, to persons whom he or she finds qualified for either part-time or full-time study in programs designed to qualify them as special education personnel.

(e) Within the limits of the funds made available for the purposes of this chapter, the Secretary may provide for the extension of special education to a person with a disability, having attained the age of 21, in order to complete a program of special education in which the person has participated. Reimbursement and State aid provisions of this chapter shall apply to individuals provided education under this subsection.

(f) The State Board of Education shall, by rule, require that whenever an individual education program requires related services, the program shall include a statement that the team has made the determination that the services are necessary consistent with the requirements of 34 C.F.R. § 300.16, as amended from time to time.

(g) Any public or approved independent secondary school receiving State education funds shall allow an enrolled student to choose to participate in the graduation ceremony and senior year activities of the student's peers if:

(1) the student is receiving specialized instruction or services, from or through the school, described in an individualized education program (“IEP”) or a Section 504 plan;

(2) under the IEP or Section 504 plan, the student will need to remain enrolled in the school after that graduation ceremony in order to complete his or her secondary education, including special education and transition services; and

(3) the student, as a result of his or her disability or impairment, needs to remain enrolled in the school after that graduation ceremony in order to complete his or her secondary education.

(h) A school shall not be required to permit a student to participate in a graduation ceremony or senior year activities pursuant to subsection (g) of this section if the student has not met graduation requirements for reasons that are wholly unrelated to the student's disability.

(i) A student who participates in a graduation ceremony pursuant to subsection (g) of this section shall not receive a diploma as part of that ceremony, but shall receive a certificate of recognition in a form determined by the school. If on an IEP, the student shall receive a regular high school diploma upon satisfactory completion of all necessary graduation requirements and at a time determined by the IEP team. If on a Section 504 plan, the student shall receive a regular high school diploma upon satisfactory completion of all necessary graduation requirements. Unless a school determines otherwise, a student may participate in no more than one graduation ceremony.

(j) A student's participation in a graduation ceremony pursuant to subsection (g) of this section shall not affect or limit the student's eligibility for special education services, related services, transition services, or Section 504 services following the ceremony.
16 V.S.A. § 2845 — VT Code / Title 16 / Chapter 87 / Section 2845
§ 2845. Trust fund; grants; students in Department for Children and Families custody
Status: in_force

(a) The Board shall establish a trust fund to be used to provide grants for students who do not have parental support and are or have been under the custody of the Commissioner for Children and Families. The Board may draw up to 90 percent of the assets in the fund for these purposes.

(b) The trust fund shall consist of:

(1) funds appropriated by the General Assembly; and

(2) any gifts, grants, or contributions made to the trust fund.

(c) The Board may determine whether the trust fund is to be managed by the State Treasurer or by a private firm contracted at the direction of the Board.

(d) Any amount remaining in the trust fund at the end of any fiscal year and any interest accruing to the trust fund shall remain in the fund.

(e) A child who is under the custody of the Commissioner for Children and Families, or a young adult between the ages of 18 and 24 who was under the custody of the Commissioner for Children and Families for at least six months when that person was between the ages of 16 and 18, and who is accepted for degree study at the Vermont State Colleges, the University of Vermont, or a Vermont independent college, is eligible for an annual grant under this section, to the extent that funds are available in the trust fund. Upon certification by the Vermont State Colleges, the University of Vermont, or a Vermont independent college that a Vermont resident student who is eligible under this section has matriculated in a degree program at a Vermont college or university, the student may receive a grant if the student's financial aid eligibility leaves remaining financial need following the student and the family contributions, if any, and the availability of all other sources of gift aid. Each grant, together with the student and the family contributions, if any, and all other sources of gift aid, shall not exceed the full cost of tuition, fees, room, and board, and no individual annual grant may exceed $3,000.00. The Board may prorate the funds appropriated for use under this section where the collective need of the eligible applicants exceeds the funds appropriated. In addition, the Board may prorate a grant based on a student's full- or part-time enrollment status.

(f) A person may receive a grant under this section for each of up to six consecutive years. A young adult who receives a grant under this section prior to reaching 25 years of age shall continue to be eligible for grants under this section until six years from the date of matriculation or until he or she has obtained an undergraduate degree, whichever comes first.

(g) The Board shall coordinate implementation of this section with the Commissioner for Children and Families, the President of the Association of Vermont Independent Colleges, the Chancellor of the Vermont State Colleges, and the President of the University of Vermont. The Board may establish procedures and policies or adopt rules to implement this section.
16 V.S.A. § 493 — VT Code / Title 16 / Chapter 9 / Section 493
§ 493. Moderator
Status: in_force

The moderator shall preside at such district meetings; and, in his or her absence, a moderator pro tempore shall be chosen to preside.
16 V.S.A. § 1532 — VT Code / Title 16 / Chapter 37 / Section 1532
§ 1532. Minimum standards; measurement of standards
Status: in_force

(a) The State Board shall adopt by rule:

(1) Minimum standards for the operation and performance of career technical centers that include the education quality standards adopted by the State Board under subdivision 164(9) and section 165 of this title.

(2) Standards for student performance based on the standards adopted by the State Board under subdivision 164(9) of this title and standards for industry recognized credentials.

(3) The minimum number of days of career technical instruction for each academic year.

(4) The minimum number of hours of instruction for each course of study within career technical education.

(5) The availability of remedial programs offered to students by career technical centers or by another school, agency, or program.

(6) Accounting procedures and standards, including methods for calculating tuition for career technical education.

(7) A system of equipment inventory, amortization, and maintenance.

(8) Procedures and requirements for measurement of student knowledge and skill upon entry into and exit from the career technical program. The purpose of the measurement shall be to determine student achievement in relation to the standards for academic and career technical competence as adopted under subdivision (2) of this subsection. Aggregate results shall be reported to the communities in the service region along with other items reported pursuant to subdivision 165(a)(2) of this title.

(b) The following shall be adopted by procedure or rule:

(1) competencies that graduates of each kind of career technical program should be able to demonstrate, including career technical competencies necessary for the student's intended employment;

(2) minimum admissions competencies for entrance into each career technical course of study;

(3) procedures by which the Secretary will review and comment on the employment qualifications of candidates for positions at career technical centers for whom State salary assistance will be requested;

(4) requirements for career technical centers to provide programs designed to acquaint prospective students with career technical courses of study;

(5) procedures by which the Secretary will review and approve use of course of study credits in career technical education to meet State graduation requirements;

(6) procedures, including communications with the sending school districts, to identify unique or specific circumstances relative to a student's progress or safety.
16 V.S.A. § 707 — VT Code / Title 16 / Chapter 11 / Section 707
§ 707. Approval of study budget; appointment of study committee; participation
Status: in_force

(a) Proposed budget exceeding $50,000.00.

(1) If the proposed budget established in section 706 of this chapter exceeds $50,000.00, then subject to the provisions of that section the board of each potentially participating school district shall warn the district's voters to meet at an annual or special school district meeting to vote whether to appropriate funds necessary to support the district's financial share of a study committee's costs. The meeting in each school district shall be warned for the same date. The warning in each school district shall contain an identical article in substantially the following form:

Shall the school district of _______________________________________ appropriate funds necessary to support the school 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: _______________________________________ , _______________________________________ , and _______________________________________ ? It is estimated that the _______________________________________ school district's share, if all of the identified school districts vote to participate, will be $_______________________________________ . The total proposed budget, to be shared by all participating school districts is $_______________________________________ .”

(2) If the vote in subdivision (1) of this subsection is in the affirmative in two or more school districts, then the boards of the affirming school districts shall appoint a study committee consisting of the number of persons determined pursuant to section 706 (proposed study committee budget and membership) of this chapter. At least one current board member from each participating school district shall be appointed to the study committee. The board of a school district appointing more than one person to the study committee may appoint residents of the school district who are not members of the board to any of the remaining seats.

(3) The sums expended for study purposes under this section shall be considered part of the approved cost of any project in which the union school district, if created, participates pursuant to chapter 123 of this title.

(b) Proposed budget not exceeding $50,000.00.

(1) If the proposed budget established in section 706 of this chapter does not exceed $50,000.00, then the boards of the participating school districts shall appoint a study committee consisting of the number of persons determined under that section. At least one current board member from each participating school district shall be appointed to the study committee. The board of a school district appointing more than one person to the study committee may appoint residents of the school district who are not members of the board to any of the remaining seats.

(2) The sums expended for study purposes under this section shall be considered part of the approved cost of any project in which the union school district, if created, participates pursuant to chapter 123 of this title.

(c) Additional costs.

(1) If the voters approve a budget that exceeds $50,000.00 but the study committee later determines that its budget is likely to exceed the projected, voter-approved amount, then the boards of all participating school districts shall obtain voter approval for the amounts exceeding the previously approved budget in the manner set forth in subdivision (a)(1) of this section before the study committee obligates or expends sums in excess of the initial voter-approved amount.

(2) If a proposed budget does not exceed $50,000.00 at the time the school boards appoint members to the study committee, but the study committee later determines that its total budget is likely to exceed $50,000.00, then the boards of all participating school districts shall obtain voter approval for the amounts exceeding $50,000.00 in the manner set forth in subdivision (a)(1) of this section before the study committee obligates or expends funds in excess of $50,000.00.

(d) Grants. Costs to be paid by State, federal, or private grants shall not be included when calculating whether a study committee's budget or proposed budget exceeds $50,000.00.

(e) Subsequent appointments of persons to the study committee; vacancy.

(1) Subject to the requirement that each school board appoint at least one current member of the board, the board of a participating school district shall appoint a person residing in the school district to the study committee if one of the school district's seats is vacant because a study committee member:

(A) is no longer a member of the school district's board and was the sole board member appointed by that school district;

(B) has resigned from or is no longer able to serve on the study committee; or

(C) has not attended three consecutive study committee meetings without providing notice to the study committee chair of the reason for each absence and obtaining a determination of the study committee members that the absences were reasonable.

(2) Notice under subdivision (1)(C) of this subsection shall be given in advance of absences whenever possible.

(f) Formal participation in study committee.

(1) A school district shall not be a formal participant in and appoint members to more than one study committee created under this chapter at any one point in time.

(2) A school district shall not formally withdraw its participation in an existing study committee after the school district has appointed members to that committee until the study committee dissolves pursuant to subsection 708(e) of this chapter.

(g) Additional formal participants.

(1) Subject to the provisions of subsection (f) of this section, a school district may join as an additional formal participant in a study committee after creation of the committee if:

(A) the school district's board has requested the committee's approval to participate after either a vote of the school district's board or a petition by five percent of the school district's voters and if the study committee votes to approve formal participation by the district; or

(B) the study committee has voted to ask the school district to participate formally and either the board of the school district votes to approve formal participation or is petitioned by five percent of the school district's voters to do so.

(2) A school district that becomes a formal participant in an existing study committee pursuant to this subsection is subject to the provisions of section 706 (proposed study committee budget and membership) of this chapter regarding financial and representational proportionality and to all other requirements of study committees set out in this chapter.

(h) Informal participation by other school districts.

(1) The board of a school district that is not a formal participant in an existing study committee may authorize one or more of the board's members to contact the study committee to discuss whether it may be advisable to include the school district within a proposal to form a new union school district as an “advisable” district, as described in section 708 (necessary and advisable districts) of this chapter.

(2) An existing study committee may authorize one or more of its members to contact the board of one or more additional school districts that are not formal participants in the committee to discuss whether it may be advisable to include the school district within a proposal to form a new union school district as an “advisable” district.

(3) An existing study committee may invite representatives of a nonparticipating school district's board to participate informally in the study committee's deliberations.

(4) Nothing in this section shall be construed to prohibit the board of a school district from authorizing informal exploration between and among the boards of school districts prior to the formation of a study committee.
16 V.S.A. § 1931 — VT Code / Title 16 / Chapter 55 / Section 1931
§ 1931. Definitions
Status: repealed

As used in this chapter:

(1) “Accumulated contributions” shall mean the sum of all the amounts deducted from the compensation of a member and credited to his or her individual account in the Pension Fund, together with regular interest thereon, as provided in subsection 1944(b) of this title.

(2) “Actuarial equivalent” shall mean a benefit of equal value under the actuarial assumptions last adopted by the Retirement Board under subsection 1943a(h) of this title.

(3) “Annuity” shall mean annual payments for life derived from the accumulated contributions of a member.

(4) “Average final compensation” shall mean:

(A) The average annual earnable compensation of a member during the three consecutive fiscal years beginning July 1 and ending June 30 of creditable service affording the highest average, or during all of the years of creditable service if fewer than three years. If the member's highest three years of earnable compensation are the three years prior to separation of service and the member separates prior to the end of a fiscal year, the average final compensation shall be determined by adding:

(i) the actual earnable compensation earned in the fiscal year of separation through the date of separation and the corresponding service credit;

(ii) the earnable compensation and service credit earned in the preceding two fiscal years; and

(iii) the remaining service credit that is needed to complete the three full years, which shall be factored from the fiscal year preceding the two fiscal years described in subdivision (ii) of this subdivision (A). The earnable compensation associated with this remaining service credit shall be calculated by multiplying the annual earnable compensation reported by the remaining service credit that is needed.

(B) A member who works less than full-time shall have his or her reported earnable compensation annualized for purposes of determining average final compensation.

(C) An increase in compensation in excess of 10 percent in any of the years used to calculate average final compensation shall be excluded. For purposes of calculating average final compensation for any member, payments made in lieu of benefits shall not be considered part of a member's average final compensation. For purposes of determining average final compensation for group C members, unused annual or sick leave, termination bonuses, and any other compensation for service not actually performed shall also be excluded.

(5) “Beneficiary” shall mean any person in receipt of a pension, an annuity, a retirement allowance or other benefit as provided by the System.

(6) “Board” shall mean the board of trustees of the System provided for in section 1942 of this title to administer the System.

(7) “Creditable service” shall mean membership service, any other service allowable under this chapter, and service transferred under 3 V.S.A. § 495.

(8) “Earnable compensation” shall mean the full rate of compensation for the performance of professional services paid to a teacher when the teacher works the full normal working time for his or her position, in whatever manner paid, plus all additional wages received by a teacher for duties performed that provide direct educational value to the students. Long-term disability benefits, as long as the teacher remains in an employment relationship with the school district, shall be included.

(9) “Medical Board” shall mean the board of physicians provided for in subsection 1942(k) of this title.

(10) “Member” shall mean any person included in the System pursuant to section 1933 of this chapter.

(A) “Group A member”: any person who is first included in the membership of the System prior to July 1, 1981.

(B) “Group C member”: any person who is first included in the membership of the System on or after July 1, 1990, any person who was a Group B member on June 30, 1990 who was in service on that date, and any person who was a Group B member on June 30, 1990 who was absent from service on that date who returns to service on or after July 1, 1990.

(11) “Membership service” shall mean service as a member for which credit is allowable as provided in subsection 1936(a) of this title.

(12) “Pension” shall mean annual payments for life derived from money provided by the State.

(13) [Repealed.]

(14) “Regular interest” shall mean interest at such rate as may be established from time to time by the Board as provided in subsection 1943(b) of this title.

(15) “Retirement” shall mean withdrawal from active service with a retirement allowance granted under the provisions of this chapter.

(16) “Retirement allowance” or “maximum allowance” shall mean the sum of the annuity and the pension. All retirement allowances shall be payable in monthly installments; provided, however, that if the retirement allowance is less than $20.00 per month, it may be paid, at the discretion of the Board of Trustees, in quarterly or semi-annual installments or in a lump sum of equivalent actuarial value.

(17) “Service” shall mean all service as a teacher for which compensation is received.

(18) “State” shall mean the State of Vermont.

(19) “System” or “Retirement System” shall mean the State Teachers' Retirement System of Vermont, as defined in section 1932 of this title.

(20) “Teacher” means any licensed teacher, principal, supervisor, superintendent, or any professional licensed by the Vermont Standards Board for Professional Educators who is regularly employed, or otherwise contracted if following retirement, for the full normal working time for the teacher's position in a public day school or school district within the State, or in any school or teacher-training institution located within the State, controlled by the State Board of Education, and supported wholly by the State; or in certain public independent schools designated for such purposes by the Board in accordance with section 1935 of this title; or who is regularly employed by a board of cooperative education services created in accordance with chapter 10 of this title. In all cases of doubt, the Board shall determine whether any person is a teacher as defined in this chapter. It does not mean a person who is teaching with an emergency license.

(21) “Pension Fund” or “Vermont Teachers' Retirement Fund” shall mean the Fund created by section 1944 of this title.

(22) “Benefits Fund” or “Retired Teachers' Health and Medical Benefits Fund” shall mean the Fund created pursuant to section 1944b of this title.
16 V.S.A. § 1387 — VT Code / Title 16 / Chapter 31 / Section 1387
§ 1387. Possession and self-administration of emergency medication
Status: in_force

(a) Pursuant to the requirements of this section, each public and approved independent school in the State shall permit students with life-threatening allergies or with asthma to possess and self-administer emergency medication at school, on school grounds, at school-sponsored activities, on school-provided transportation, and during school-related programs.

(b) In each school year for which possession and self-administration of emergency medication is requested, the student's parent or guardian shall provide the school with:

(1) written authorization, on a form to be provided by the school, for the student to possess and self-administer emergency medication;

(2) written documentation from the student's physician:

(A) stating that the student has one or more life-threatening allergies or asthma, or both;

(B) providing the name of the emergency medication, the dosage, and the times and circumstances under which the medication is to be taken;

(C) affirming that the student:

(i) is capable of, and has been instructed by the physician in, the proper method of self-administration of the emergency medication;

(ii) has been advised of possible side-effects of the medication;

(iii) has been informed of when and how to access emergency services.

(c) In each school year for which possession and self-administration of emergency medication is requested, the student's parent or guardian shall develop, in consultation with the school nurse or the designated health care staff at an approved independent school, a plan of action regarding responding to the student's life-threatening allergy or allergies or asthma. The plan of action shall be based upon the written documentation provided by the student's physician and shall include the name of each emergency medication, the dosage, and the times and circumstances under which the medication is to be taken. The written plan shall prominently state that the medication is solely for the use of the student covered by the plan. The parties developing the plan of action shall determine both to whom the plan, or notification of the plan, shall be given and the person or persons responsible for distribution or notification. The plan may include a requirement that the student notify a school employee or agent after self-administering emergency medication. The written plan shall become part of the student's health records maintained by the school.

(d) The student's parent or guardian shall sign a statement on a form to be provided by the school releasing the school and its employees and agents, including volunteers, from liability as a result of any injury arising from the student's self-administration of the emergency medication, except when the conduct of the school, school employee, or agent would constitute gross negligence, recklessness, or intentional misconduct.

(e) Nothing in this section shall prohibit a public school district or an approved independent school from adopting school policies and individual plans of action regarding the possession and self-administration of emergency medication for medical conditions other than asthma and life-threatening allergies.
16 V.S.A. § 2733 — VT Code / Title 16 / Chapter 83 / Section 2733
§ 2733. Accounts
Status: in_force

The members from this State shall obtain accurate accounts of all the board's receipts and disbursements.
16APPENDIX V.S.A. § 4.02 — VT Code / Title 16APPENDIX / Chapter 11 / Section 4.02
App. § 11-4.2. Special meetings
Status: in_force

Special meetings of the District shall be warned by the School District Clerk, or by the Prudential Committee, either upon its own volition or upon application in writing signed by one percent or more of the legal voters of the District.
16 V.S.A. § 2863 — VT Code / Title 16 / Chapter 87 / Section 2863
§ 2863. Guarantee
Status: in_force

The Corporation is authorized to guarantee that any education loan notes properly executed shall be repaid according to their tenor and, if guaranteed under the Higher Education Act, to the extent authorized under that act, provided, that in the event of default, the holder has complied with the rules, regulations, and procedures of the Corporation, and with the Act and the regulations promulgated under the Act, regarding the making, servicing, and diligent collection of education loans until assigned to the Corporation as provided in this chapter. The Corporation may make loans that have no guarantee.
16 V.S.A. § 2956 — VT Code / Title 16 / Chapter 101 / Section 2956
§ 2956. Essential early education
Status: in_force

After June 30, 1991, all eligible children with disabilities three through five years of age shall have access to appropriate essential early education services.
16 V.S.A. § 2957 — VT Code / Title 16 / Chapter 101 / Section 2957
§ 2957. Special education administrative and judicial appeals; limitations
Status: in_force

(a) An action against a local, intermediate, or State education agency seeking enforcement of special education rights under State or federal law shall be commenced by an administrative due process hearing within two years of the alleged violation or within two years of the date the alleged violation is or reasonably should have been discovered, and not after.

(b) Subsection (a) of this section notwithstanding, an action against a local, intermediate, or State education agency for reimbursement of the costs of a unilateral special education placement shall be commenced by an administrative due process hearing within 90 days of the unilateral placement, and not after.

(c) Where the parent, legal guardian, or surrogate parent has not been given proper notice of special education rights under State and federal law, including notice of the limitations in this section, such limitations shall run from the time notice of those rights is properly given.

(d) An appeal from a final administrative decision in a special education due process hearing to a court of competent jurisdiction pursuant to 20 U.S.C. § 1415(i)(2) shall be commenced within 90 days from the notice of the final decision, and not after.

(e) Except as provided in 20 U.S.C. § 1412(a)(10)(C) or unless a court or hearing officer determines otherwise, where a unilateral placement has been made without offering the supervisory union for the school district of residence a reasonable opportunity to evaluate the child and to develop an individualized education program, reimbursement may not be sought for any costs incurred before the supervisory union is offered such an opportunity.
16 V.S.A. § 553 — VT Code / Title 16 / Chapter 9 / Section 553
§ 553. Qualification of voters at school district meetings
Status: in_force

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.
16 V.S.A. § 3856 — VT Code / Title 16 / Chapter 131 / Section 3856
§ 3856. Bonds
Status: in_force

(a) The Agency is authorized to issue from time to time bonds or notes of the Agency for the purposes authorized by this chapter and refunding bonds for the purpose of refunding any bonds issued by the Agency under this chapter, including the payment of any redemption premium thereon and any interest accrued or to accrue to the date of the redemption of such bonds, irrespective of whether the bonds to be refunded have or have not matured. Refunding bonds may also be issued by the Agency for the purpose of refunding any bonds, including refunding bonds, issued by the Agency under this chapter and paying all or any part of the cost of acquiring or constructing any facilities. The issuance of the refunding bonds, the maturities and other details thereof, the rights and remedies of the holders thereof and the rights, powers, privileges, and obligations of the Agency with respect to the same shall be governed to the fullest extent feasible by the provisions of this chapter pertaining to bonds. The Agency may also issue its negotiable bonds for the purpose of paying or otherwise satisfying in accordance with their terms any bonds, mortgages, notes, loans, or other contractual obligations of any eligible institution assigned or transferred to or assumed by the Agency in connection with financing the acquisition by the Agency of any facilities from such eligible institution. Except as may otherwise be expressly provided by the Agency, bonds and notes issued under this chapter shall be general obligations, payable out of any monies or revenues of the Agency, subject only to any agreements with the holders of the bonds or notes pledging any particular monies or revenues. Notwithstanding any of the provisions of this chapter or any recitals in any bonds or notes issued under this chapter, all bonds, notes, and interest coupons appertaining to them shall have and are hereby declared to have all the qualities and incidents, including negotiability, of investment securities under the Uniform Commercial Code, but no provision of such code respecting the filing of a financing statement to perfect a security interest shall be applicable to any security interest created in connection with the issuance of any bonds or notes. No bonds or notes of the Agency may be issued to acquire or construct any facilities unless the Agency first certifies to the Governor that in its opinion such facilities are needed and will provide adequate revenue derived from rents or otherwise to repay the bonds and the interest thereon when due.

(b) The bonds shall be authorized by resolution of the board, be in such denominations and bear such date or dates, mature at such time or times not exceeding 40 years from their respective dates, be in such forms, either coupon or registered, carry such registration privileges, be executed in such manner, be payable in such medium of payment at such place or places, and be subject to such terms of redemption as the Agency may provide by resolution or in the trust indenture. If any officer whose signature or a facsimile thereof appears on any bonds, notes, or coupons ceases to be that officer before the delivery of the bonds or notes, the signature or facsimile shall nevertheless be valid and sufficient for all purposes as if he or she had remained in office until the delivery, and any bond or note may bear the facsimile signature of or may be signed by that person although at the date of the bond or note the person may not have been that officer. The Agency may sell bonds in such amounts and in such manner, either at public or private sale, and for such prices as it may determine may best carry out the purposes of this chapter.

(c) The bonds may be issued for any corporate purpose of the Agency including, without limiting the generality of the foregoing, payment to any reserve fund required by any trust indenture securing bonds or any bond resolution authorizing bonds.

(d) Any resolution authorizing bonds or the trust indenture securing them may contain provisions, which may be a part of the contract with the holders of the bonds, as to:

(1) pledging all or any part of the monies of the Agency to secure the payment of the bonds, including the revenues of designated facilities, the proceeds of any grant in aid of the Agency received from any private or public source, or any monies received under the terms of lease;

(2) the setting aside of the revenues or sinking funds and the regulations or disposition thereof;

(3) limitations on the purpose to which the proceeds of sale of any issue of bonds then or thereafter to be issued may be applied;

(4) limitations on the issuance of additional bonds, the terms upon which additional bonds may be issued and secured, and the refunding of outstanding or other bonds;

(5) the procedure, if any, by which the terms of any contract with bondholders may be amended or abrogated, the amount of bonds to which the holders must consent, and the manner in which consent may be given;

(6) the creation of special funds into which any monies of the Agency may be deposited;

(7) vesting in a trustee or trustees such properties, rights, powers, and duties in trust as the Agency may determine, which may include any or all of the rights, powers, and duties of the trustee appointed by the bondholders, and limiting or abrogating the right of the bondholders to appoint a trustee under such section or limiting the rights, duties, and powers of the trustee; and

(8) defining the act or omissions to act that shall constitute a default in the obligations and duties of the Agency to the bondholders and providing for the rights and remedies of the bondholders in the event of such a default, including as a matter of right the appointment of a receiver.

(e) Any pledge of revenues or other monies made by the Agency shall be valid and binding from the time when the pledge is made; the revenues or other monies so pledged and thereafter received by the Agency shall immediately be subject to the lien of the pledge without any physical delivery thereof or further act, and the lien of any such pledge shall be valid and binding as against all parties having claims of any kind in tort, contract, or otherwise against the Agency, irrespective of whether those parties have notice thereof. Neither the resolution nor any other instrument by which a pledge is created need be recorded or filed in any public record.

(f) Neither the members of the board nor any persons executing the bonds shall be liable personally on them or be subject to any personal liability or accountability by the reason of the issuance thereof.

(g) The Agency may, out of funds available therefor, purchase any bonds issued by it at a price not exceeding the redemption price thereof. All bonds so purchased shall be cancelled.

(h)(1) In the discretion of the Agency, the bonds may be secured by a trust indenture by and between the Agency and a corporate trustee, and the resolution authorizing the bonds may provide for the appointment of a corporate trustee for the purpose of securing the bonds, which may be any trust company or bank having the powers of a trust company in or out of the State of Vermont.

(2) The trust indenture or resolution authorizing the bonds:

(A) may contain reasonable provisions for protecting and enforcing the rights and remedies of the bondholders, including covenants setting forth the duties of the Agency in relation to the acquisition, construction, maintenance, operation, repair, and insurance of the facilities and the custody, safeguarding, and application of all monies; and

(B) may provide that any facility shall be constructed and paid for under the supervision and approval of a bond construction oversight committee or other internal committee of the borrower's board of directors or trustees that has been designated to provide reasonable assurance and reporting, or both, so that all phases of construction comply with applicable Vermont statutes and rules and the covenants of all bond financing agreements.

(3) The Agency may provide by the trust indenture or resolution authorizing the bonds for the payment of the proceeds of the bonds and the revenues of any facility or monies received under the terms of any lease, as the case may be, to the trustee of the trust indenture or resolution authorizing the bonds or other depository, and for the method of disbursement thereof, with such safeguards and restrictions as it may determine.

(4) If the bonds are secured by trust indenture or by the appointment of a trustee pursuant to the resolution authorizing the bonds, the bondholders shall have no authority to appoint a separate trustee to represent them.

(i) Prior to the preparation of definitive bonds, the Agency may, under like restrictions, issue interim receipts or temporary bonds, with or without coupons, exchangeable for definitive bonds when they have been executed and are available for delivery. The Agency may also provide for the replacement of any bonds or notes that shall become mutilated or shall be destroyed or lost. The Agency may exercise all the powers conferred by this chapter without obtaining the consent of any department, division, commission, board, bureau, or agency of the State and without any other conditions or things than those proceedings, conditions, or things that are specifically required by this chapter. The Agency shall have power, at any time and from time to time after the authorization under this chapter of the issuance of bonds of the Agency, to borrow money for the purpose for which the bonds are to be issued in anticipation of the receipt of the proceeds of the sale of the bonds and within the authorized maximum amount of the bonds. The Agency is authorized to issue its notes under the provisions of this subsection to evidence money thus borrowed, which notes shall be payable from the proceeds of the sale of bonds and from any other money that may be made available for such payment. The notes shall mature not later than five years after the date of the authorization of the issuance of the bonds under this chapter. The notes may be renewed from time to time, but all such notes shall mature within the time limit for the payment of the money thus borrowed. The notes shall be authorized by a resolution of the Agency and shall be in such denomination or denominations, shall bear interest at such rate or rates, shall be in such form, and shall be executed in such manner, all as the Agency shall prescribe. The notes may be sold at any public or private sale in such manner and for such prices, or, if the notes shall be renewal notes, may be exchanged for notes then outstanding on such terms, as the Agency shall determine.

(j) In the case of bonds issued in connection with a new health care project subject to the provisions of 18 V.S.A. chapter 221, subchapter 5, the Agency shall not authorize bonds on behalf of an eligible institution defined under subdivision 3851(c)(5) of this title, unless the project and the capital expenditures associated with the project have been approved by the Green Mountain Care Board, pursuant to 18 V.S.A. chapter 221, subchapter 5. The Agency shall consider the recommendations of the Board in connection with any such proposed authorization.
16 V.S.A. § 570j — VT Code / Title 16 / Chapter 9 / Section 570j
§ 570j. Unlawful conduct
Status: in_force

(a) 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.

(b) 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.

(c) 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.

(d) 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.
16 V.S.A. § 722 — VT Code / Title 16 / Chapter 11 / Section 722
§ 722. Amendments to articles of agreement
Status: in_force

(a) The union school district voters. Only the voters of a union school district may amend a specific condition or agreement in the district's articles of agreement if the condition or agreement was set forth as a distinct subsection in the warning required by section 712 (warning on vote to establish union school district and elect initial members of the board) of this chapter to form the union school district or in a subsequent warning to amend the articles pursuant to this section, which the voters approved.

(b) The union school district board. The board of a union school district may amend a specific condition or agreement in the district's articles of agreement only if the condition or agreement was not set forth as a distinct subsection in a warning required in subsection (a) of this section, but was instead incorporated into the warning by reference pursuant subsection 712(e) of this chapter (warning on vote to establish union school district and elect initial members of the board), or if the original articles of agreement or voter-approved amendments authorize the board to amend a specific condition or agreement.

(c) Reduction of grades operated. Notwithstanding the provisions of subsection (a) (union school district voters) of this section, the voters shall not vote whether to reduce the grades that the union school district operates, and to begin paying tuition for those grades, unless the State Board finds it is in the best interests of the State, the students, and the districts involved and aligns with the policy set forth in section 701 of this title and gives prior approval to the proposed amendment.

(d) Number of board members. Notwithstanding the provisions of subsections (a) (union school district voters) and (b) (union school district board) of this section, if membership on a union school district board is proportional to town population as set forth in subdivisions 711(d)(1) (proposed unified union school district) and (e)(1) (proposed union elementary or union high school district) of this chapter, and if the district's articles of agreement direct the board to adjust board membership when necessary to conform to each new decennial census, then the board shall amend the articles to adjust the apportionment of board seats without presenting the amendment to the voters for approval.

(e) Districts created by State Board order. Notwithstanding the provisions of subsections (a) (union school district voters) and (b) (union school district board) of this section, the authority to amend the articles governing any union school district formed by the State Board's Final Report and Order issued on November 30, 2018 pursuant to 2015 Acts and Resolves No. 46, as amended, vests either with the electorate or the board pursuant to the provisions of Article 14, as that article was issued by the State Board or subsequently amended by the voters of the union school district.

(f) Process. A vote by the voters of a union school district to amend the articles of agreement shall be by Australian ballot and shall proceed pursuant to sections 737 (warnings of unified union school district meetings) and 739–742 (vote by Australian ballot) of this chapter for unified union school districts and sections 755 (warnings of union elementary and union high school district meetings) and 757–759 (vote by Australian ballot) for union elementary and union high school districts. The warning shall contain each proposed amendment as a distinct question to be determined separately. The provisions of this subsection shall not apply to any issue to the extent that a different section of law provides a specific amendment procedure.
16 V.S.A. § 837 — VT Code / Title 16 / Chapter 21 / Section 837
§ 837. School facilities management; training and certification
Status: in_force

(a) The Secretary of Education, in consultation with facilities management industry and school operations experts, shall establish guidelines for the training and certification of each person designated as responsible for facilities management for a school district or supervisory union.

(b) The superintendent for each school district or supervisory union shall designate a person with responsibility for facilities management for the school district or supervisory union. The designee for each school district or supervisory union shall receive training and certification pursuant to the guidelines established in subsection (a) of this section.
16 V.S.A. § 2175 — VT Code / Title 16 / Chapter 72 / Section 2175
§ 2175. Retirement system
Status: in_force

The Corporation may deduct from funds appropriated to it for salaries, employer contributions to a retirement system established by its Board of Trustees, or to such other retirement system as the Board may choose.
16 V.S.A. § 829 — VT Code / Title 16 / Chapter 21 / Section 829
§ 829. Prekindergarten education
Status: repealed

(a) Definitions. As used in this section:

(1) “Prekindergarten child” means a child who, as of the date established by the district of residence for kindergarten eligibility, is three or four years of age or is five years of age but is not yet enrolled in kindergarten.

(2) “Prekindergarten education” means services designed to provide to prekindergarten children developmentally appropriate early development and learning experiences based on Vermont's early learning standards.

(3) “Prequalified private provider” means a private provider of prekindergarten education that is qualified pursuant to subsection (c) of this section.

(b) Access to publicly funded prekindergarten education.

(1) No fewer than ten hours per week of publicly funded prekindergarten education shall be available for 35 weeks annually to each prekindergarten child whom a parent or guardian wishes to enroll in an available, prequalified program operated by a public school or a private provider.

(2) If a parent or guardian chooses to enroll a prekindergarten child in an available, prequalified program, then, pursuant to the parent or guardian's choice, the school district of residence shall:

(A) pay tuition pursuant to subsections (d) and (h) of this section upon the request of the parent or guardian to:

(i) a prequalified private provider; or

(ii) a public school located outside the district that operates a prekindergarten program that has been prequalified pursuant to subsection (c) of this section; or

(B) enroll the child in the prekindergarten education program that it operates.

(3) If requested by the parent or guardian of a prekindergarten child, the school district of residence shall pay tuition to a prequalified program operated by a private provider or a public school in another district even if the district of residence operates a prekindergarten education program.

(4) If the supply of prequalified private and public providers is insufficient to meet the demand for publicly funded prekindergarten education in any region of the State, nothing in this section shall be construed to require a district to begin or expand a program to satisfy that demand; but rather, in collaboration with the Agencies of Education and of Human Services, the local Building Bright Futures Council shall meet with school districts and private providers in the region to develop a regional plan to expand capacity.

(c) Prequalification. Pursuant to rules jointly developed and overseen by the Secretaries of Education and of Human Services and adopted by the State Board pursuant to 3 V.S.A. chapter 25, the Agencies jointly may determine that a private or public provider of prekindergarten education is qualified for purposes of this section and include the provider in a publicly accessible database of prequalified providers. At a minimum, the rules shall define the process by which a provider applies for and maintains prequalification status, shall identify the minimum quality standards for prequalification, and shall include the following requirements:

(1) A program of prekindergarten education, whether provided by a school district or a private provider, shall have received:

(A) National Association for the Education of Young Children (NAEYC) accreditation;

(B) at least four stars in the Department for Children and Families' STARS system; or

(C) three stars in the STARS system if the provider has developed a plan, approved by the Commissioner for Children and Families and the Secretary of Education, to achieve four or more stars.

(2) A licensed provider shall employ or contract for the services of at least one teacher who is licensed and endorsed in early childhood education or in early childhood special education under chapter 51 of this title.

(3) A registered home provider that is not licensed and endorsed in early childhood education or early childhood special education shall receive regular, active supervision and training from a teacher who is licensed and endorsed in early childhood education or in early childhood special education under chapter 51 of this title.

(d) Tuition, budgets, and average daily membership.

(1) On behalf of a resident prekindergarten child, a district shall pay tuition for prekindergarten education for ten hours per week for 35 weeks annually to a prequalified private provider or to a public school outside the district that is prequalified pursuant to subsection (c) of this section; provided, however, that the district shall pay tuition for weeks that are within the district's academic year. Tuition paid under this section shall be at a statewide rate, which may be adjusted regionally, that is established annually through a process jointly developed and implemented by the Agencies of Education and of Human Services. A district shall pay tuition upon:

(A) receiving notice from the child's parent or guardian that the child is or will be admitted to the prekindergarten education program operated by the prequalified private provider or the other district; and

(B) concurrent enrollment of the prekindergarten child in the district of residence for purposes of budgeting and determining average daily membership.

(2) In addition to any direct costs of operating a prekindergarten education program, a district of residence shall include anticipated tuition payments and any administrative, quality assurance, quality improvement, transition planning, or other prekindergarten-related costs in its annual budget presented to the voters.

(3) Pursuant to subdivision 4001(1)(C) of this title, the district of residence may include within its average daily membership any prekindergarten child for whom it has provided prekindergarten education or on whose behalf it has paid tuition pursuant to this section.

(4) A prequalified private provider may receive additional payment directly from the parent or guardian only for prekindergarten education in excess of the hours paid for by the district pursuant to this section or for child care services, or both. The provider is not bound by the statewide rate established in this subsection when determining the rates it will charge the parent or guardian.

(e) Rules. The Secretary of Education and the Commissioner for Children and Families shall jointly develop and agree to rules and present them to the State Board for adoption under 3 V.S.A. chapter 25 as follows:

(1) To permit private providers that are not prequalified pursuant to subsection (c) of this section to create new or continue existing partnerships with school districts through which the school district provides supports that enable the provider to fulfill the requirements of subdivision (c)(2) or (3), and through which the district may or may not make in-kind payments as a component of the statewide tuition established under this section.

(2) To authorize a district to begin or expand a school-based prekindergarten education program only upon prior approval obtained through a process jointly overseen by the Secretaries of Education and of Human Services, which shall be based upon analysis of the number of prekindergarten children residing in the district and the availability of enrollment opportunities with prequalified private providers in the region. Where the data are not clear or there are other complex considerations, the Secretaries may choose to conduct a community needs assessment.

(3) To require that the school district provides opportunities for effective parental participation in the prekindergarten education program.

(4) To establish a process by which:

(A) a parent or guardian notifies the district that the prekindergarten child is or will be admitted to a prekindergarten education program not operated by the district and concurrently enrolls the child in the district pursuant to subdivision (d)(1) of this section;

(B) a district:

(i) pays tuition pursuant to a schedule that does not inhibit the ability of a parent or guardian to enroll a prekindergarten child in a prekindergarten education program or the ability of a prequalified private provider to maintain financial stability; and

(ii) enters into an agreement with any provider to which it will pay tuition regarding quality assurance, transition, and any other matters; and

(C) a provider that has received tuition payments under this section on behalf of a prekindergarten child notifies a district that the child is no longer enrolled.

(5) To establish a process to calculate an annual statewide tuition rate that is based upon the actual cost of delivering ten hours per week of prekindergarten education that meets all established quality standards and to allow for regional adjustments to the rate.

(6) [Repealed.]

(7) To require a district to include identifiable costs for prekindergarten programs and essential early education services in its annual budgets and reports to the community.

(8) To require a district to report to the Agency of Education annual expenditures made in support of prekindergarten education, with distinct figures provided for expenditures made from the General Fund, from the Education Fund, and from all other sources, which shall be specified.

(9) To provide an administrative process for:

(A) a parent, guardian, or provider to challenge an action of a school district or the State when the complainant believes that the district or State is in violation of State statute or rules regarding prekindergarten education; and

(B) a school district to challenge an action of a provider or the State when the district believes that the provider or the State is in violation of State statute or rules regarding prekindergarten education.

(10) To establish a system by which the Agency of Education and Department for Children and Families shall jointly monitor and evaluate prekindergarten education programs to promote optimal results for children that support the relevant population-level outcomes set forth in 3 V.S.A. § 2311 and to collect data that will inform future decisions. The Agency and Department shall be required to report annually to the General Assembly in January. At a minimum, the system shall monitor and evaluate:

(A) programmatic details, including the number of children served, the number of private and public programs operated, and the public financial investment made to ensure access to quality prekindergarten education;

(B) the quality of public and private prekindergarten education programs and efforts to ensure continuous quality improvements through mentoring, training, technical assistance, and otherwise; and

(C) the results for children, including school readiness and proficiency in numeracy and literacy.

(11) To establish a process for documenting the progress of children enrolled in prekindergarten education programs and to require public and private providers to use the process to:

(A) help individualize instruction and improve program practice; and

(B) collect and report child progress data to the Secretary of Education on an annual basis.

(f) Other provisions of law. Section 836 of this title shall not apply to this section.

(g) Limitations. Nothing in this section shall be construed to permit or require payment of public funds to a private provider of prekindergarten education in violation of Chapter I, Article 3 of the Vermont Constitution or in violation of the Establishment Clause of the U.S. Constitution.

(h) Geographic limitations.

(1) Notwithstanding the requirement that a district pay tuition to any prequalified public or private provider in the State, a school board may choose to limit the geographic boundaries within which the district shall pay tuition by paying tuition solely to those prequalified providers in which parents and guardians choose to enroll resident prekindergarten children that are located within the district's “prekindergarten region” as determined in subdivision (2) of this subsection.

(2) For purposes of this subsection, upon application from the school board, a district's prekindergarten region shall be determined jointly by the Agencies of Education and of Human Services in consultation with the school board, private providers of prekindergarten education, parents and guardians of prekindergarten children, and other interested parties pursuant to a process adopted by rule under subsection (e) of this section. A prekindergarten region:

(A) shall not be smaller than the geographic boundaries of the school district;

(B) shall be based in part upon the estimated number of prekindergarten children residing in the district and in surrounding districts, the availability of prequalified private and public providers of prekindergarten education, commuting patterns, and other region-specific criteria; and

(C) shall be designed to support existing partnerships between the school district and private providers of prekindergarten education.

(3) If a school board chooses to pay tuition to providers solely within its prekindergarten region, and if a resident prekindergarten child is unable to access publicly funded prekindergarten education within that region, then the child's parent or guardian may request and in its discretion the district may pay tuition at the statewide rate for a prekindergarten education program operated by a prequalified provider located outside the prekindergarten region.

(4) Except for the narrow exception permitting a school board to limit geographic boundaries under subdivision (1) of this subsection, all other provisions of this section and related rules shall continue to apply.
16 V.S.A. § 2692 — VT Code / Title 16 / Chapter 83 / Section 2692
§ 2692. Creation of Board of Higher Education-Article II
Status: in_force

There is hereby created and established a New England Board of Higher Education hereinafter known as the board, which shall be an agency of each state party to the compact. The board shall be a body corporate and politic, having the powers, duties and jurisdiction herein enumerated and such other and additional powers as shall be conferred upon it by the concurrent act or acts of the compacting states. The board shall consist of eight members from each compacting state, at least two of whom shall be members of the legislature, chosen in the manner and for the terms provided by law of the several states parties to this compact.
16APPENDIX V.S.A. § 1.06 — VT Code / Title 16APPENDIX / Chapter 11 / Section 1.06
App. § 11-1.6. District voter
Status: in_force

A citizen of voting age, as defined by State and federal law, whose name is on the voting list taken in the Village of Essex Junction at the annual assessment next preceding a District meeting or who has attained voting age subsequent to such assessment, shall while residing in the District be a voter in such District.
16 V.S.A. § 1121 — VT Code / Title 16 / Chapter 25 / Section 1121
§ 1121. Attendance by children of school age required
Status: in_force

A person having the control of a child between the ages of six and 16 years shall cause the child to attend a public school, an approved or recognized independent school, an approved education program, or a home study program for the full number of days for which that school is held, unless the child:

(1) is mentally or physically unable so to attend; or

(2) has completed the tenth grade; or

(3) is excused by the superintendent or a majority of the school directors as provided in this chapter; or

(4) is enrolled in and attending a postsecondary school, as defined in subdivision 176(b)(1) of this title, which is approved or accredited in Vermont or another state.
16 V.S.A. § 2023 — VT Code / Title 16 / Chapter 57 / Section 2023
§ 2023. Jurisdiction of arbitrator
Status: in_force

(a) The parties may reach partial agreement on some issues or accept a fact-finder's recommendations on some issues. The arbitrator shall have the power to determine all issues remaining in dispute involving wages, hours, and conditions of employment as defined by this chapter and any other mutually agreed upon matters not in conflict with law.

(b) At any time prior to the issuance of a decision by the arbitrator, the parties may jointly file with the arbitrator any stipulations setting forth contract provisions that both parties agree to accept. The parties shall submit to the arbitrator their respective positions on all issues in dispute between them in the form of a last best offer.

(c) The arbitrator shall resolve all remaining disputed issues in his or her jurisdiction in accordance with the agreement of the parties. The arbitrator shall incorporate in a written decision the resolution of each disputed issue and an explanation of how the total cost of all offers was considered.
16APPENDIX V.S.A. § 3.04 — VT Code / Title 16APPENDIX / Chapter 3 / Section 3.04
App. § 3-4. Officers and trustees
Status: in_force

Instead of the prudential committee required by law to be elected, the Academy and Graded School District, at its first annual meeting, shall elect three Trustees as follows: one for the term of one year, one for the term of two years, and one for the term of three years; and at all subsequent annual meetings, vacancies caused by the expiration of the term of office of Trustees shall be filled by the election of Trustees for the term of three years each; provided, however, that when the voters thereof so vote at any annual meeting, wherein the warning contains an appropriate article relating thereto, two additional Trustees may be elected thereat for a term of one year each. Such vote so taken shall remain in effect until such time as the voters of the Barton Academy and Graded School District rescind the same by a majority vote of the legal voters present and voting at an annual or special meeting duly warned and including such purpose. All vacancies caused by death, resignation, removal from the District, or other cause shall be filled at an annual or special meeting, warned for the purpose, for the unexpired term of such Trustees only; provided, however, that the Trustees may fill one vacancy occurring on the Board of Trustees or in any other office, during the year, until an election is had at the next annual meeting, or a special meeting called for that purpose. The Trustees shall have all the powers and perform all the duties of a prudential committee and board of school directors, or either, and shall choose one of their members to be President, and may appoint a Secretary of the Board; each of whom shall hold office for the term of one year and until their successors are chosen and appointed. The other officers of the Barton Academy and Graded School District shall be the same as now or may hereafter be provided for all school districts in the State; shall be elected in the same manner and be subject to the same duties and liabilities as now or hereafter prescribed by law.
16 V.S.A. § 3448e — VT Code / Title 16 / Chapter 123 / Section 3448e
§ 3448e. Construction of career technical education facilities; approval and funding
Status: in_force

(a) Definitions. For the purposes of this section:

(1) “Construction” includes the purchase of career technical education facilities.

(2) “School district” means, unless otherwise provided:

(A) a school district that manages a regional career technical center or a comprehensive high school; or

(B) a regional career technical center school district authorized under subchapter 5A of chapter 37 of this title.

(3) “Career technical education facilities” means regional technical centers and those portions of comprehensive high schools that are designed to provide State board-approved career technical education programs and services.

(b) Application of chapter. Except as otherwise provided in this section, the provisions of chapter 123 of this title shall apply to the construction of career technical education facilities.

(c) Approval of regional advisory board. The Secretary may approve a preliminary application for a project involving career technical education facilities if, in addition to meeting the other requirements of this chapter, the project has received the approval of the regional advisory board as defined under section 1542 of this title. This subsection shall not apply to a project proposed by a regional career technical center school district authorized under subchapter 5A of chapter 37 of this title.

(d) Involvement of the Department of Buildings and General Services. The Department of Buildings and General Services shall be available to consult with and share its expertise with the school district regarding the design and construction of any new career technical education facility or any alterations to existing career technical education facilities and for the analysis of any lease or lease-purchase proposal.

(e) Award of construction aid. The amount of an award shall be 50 percent of the approved cost of the project. Where the construction of career technical education facilities is undertaken in conjunction with the construction of noncareer technical education facilities, the approved costs of the project shall be allocated as determined by the Secretary.
16 V.S.A. § 748 — VT Code / Title 16 / Chapter 11 / Section 748
§ 748. Union elementary and union high school district board members; nomination and election; bond
Status: in_force

(a) If by Australian ballot. The provisions of this subsection shall apply to a union elementary or union high school district that conducts elections for board membership by Australian ballot.

(1) Proportional to town population.

(A) When membership on the board of a union elementary or union high school district is apportioned to each member district in a number that is closely proportional to the member district's relative population, the voters of the member district may file a petition nominating a candidate for board membership. A petition is valid only if:

(i) the candidate is a current voter of the member district;

(ii) the petition identifies the term of office for which the candidate is nominated;

(iii) the petition is signed by at least 30 voters residing in the member district or one percent of the legal voters in that district, whichever is less;

(iv) the voters file the petition with the town clerk not later than 5:00 p.m. on the sixth Monday preceding the day of the election; and

(v) the candidate files with the town clerk a written consent to the printing of the candidate's name on the ballot.

(B) After confirming that the names on the petition correspond to registered voters of the member district, the town clerk shall transmit the name of each duly nominated candidate to the clerk of the union elementary or union high school district.

(C) The union district clerk shall prepare a union elementary or union high school district ballot for each member district and shall transmit the ballot to the town clerk to make available to the voters residing in the member district.

(D) The voters of the member district shall elect as many board members as are apportioned for that term of office on the union elementary or union high school district board based on the population of the member district.

(2) Modified at-large model: allocation to town; at-large representation.

(A) When membership on the board of a union elementary or union high school district is allocated to each member district, but the allocation is not closely proportional to the member district's population and the board member is elected at-large, the voters residing in any one or more of the member districts may file a petition nominating a candidate for board membership under the “modified at-large” model. A petition is valid only if:

(i) the candidate is a current voter of the member district to which the seat is allocated;

(ii) the petition identifies the term of office for which the candidate is nominated;

(iii) the petition is signed by at least 60 voters residing in the union elementary or union high school district or one percent of the legal voters in the district, whichever is less;

(iv) the voters file the petition with the clerk of the union elementary or union high school district not later than 5:00 p.m. on the sixth Monday preceding the day of the election; and

(v) the candidate files with the union district clerk a written consent to the printing of the candidate's name on the ballot.

(B) Not later than 5:00 p.m. on the sixth Monday preceding the day of the election, the town clerk of each member district shall furnish to the union district clerk, at the expense of the union district, authenticated copies of the checklist of legal voters within the member district as the checklist appears after revisions are made pursuant to 17 V.S.A. §§ 2141–2150.

(C) The union district clerk shall prepare the union elementary or union high school district ballot to include the name of each duly nominated candidate and shall transmit the ballot to the town clerk of each member district to make available to the voters residing in the member district.

(D) The voters of the union elementary or union high school district shall elect as many board members as are to be elected at-large for that term of office under the “modified at-large” model.

(3) At-large representation.

(A) When membership on the board of a union elementary or union high school district is not apportioned or allocated pursuant to subdivision (1) (proportional to town population) or (2) (modified at-large) of this subsection (a) (Australian ballot) and the board member is elected at large, the voters residing in any one or more of the member districts may file a petition nominating a candidate for at-large board membership. A petition is valid only if:

(i) the candidate is a current voter of the union elementary or union high school district;

(ii) the petition identifies the term of office for which the candidate is nominated;

(iii) the petition is signed by at least 60 voters residing in the union elementary or union high school district or one percent of the legal voters in the district, whichever is less;

(iv) the voters file the petition with the clerk of the union elementary or union high school district not later than 5:00 p.m. on the sixth Monday preceding the day of the election; and

(v) the candidate files with the union district clerk a written consent to the printing of the candidate's name on the ballot.

(B) Not later than 5:00 p.m. on the sixth Monday preceding the day of the election, the town clerk of each member district shall furnish to the union district clerk, at the expense of the union district, authenticated copies of the checklist of legal voters within the member district as the checklist appears after revisions are made pursuant to 17 V.S.A. §§ 2141–2150.

(C) The union district clerk shall prepare the union elementary or union high school district ballot to include the name of each duly nominated candidate and shall transmit the ballot to the town clerk of each member district to make available to the voters residing in the member district.

(D) The voters of the union elementary or union high school district shall elect as many board members as are to be elected at-large for that term of office.

(b) If not by Australian ballot. The provisions of this subsection (b) shall apply to a union elementary or union high school district that does not conduct elections for board membership by Australian ballot.

(1) The nomination and election of candidates for the office of union elementary or union high school district board member shall occur at a warned meeting of the union school district; provided, however, if the union district elects board members under the “proportional to town population” model, then the nomination and election of candidates shall occur at an annual or special meeting of the member district for the town in which the candidate resides, warned for the purpose pursuant to subsection 755(f) (warnings of union elementary and union high school district meetings; members elected under proportional to town population model and by floor vote) of this chapter.

(2) Voters shall only nominate a person who is present at the meeting, and the person shall accept or reject the nomination.

(3) The meeting shall proceed in a manner to ensure that the candidate is a voter of a specific member district if the union district elects board members under either the “proportional to town population” model or the “modified at-large” model.

(c) Bond. Before a newly elected board member enters upon the duties of office, the union district shall ensure that the district's blanket bond covers the new member. In lieu of a blanket bond, the district may choose to provide suitable crime insurance coverage.

(d) Notification. Within 10 days after the election of a board member pursuant to this section, the union elementary or union high school district clerk shall transmit the name of the newly elected board member to the Secretary of State.
16 V.S.A. § 1577 — VT Code / Title 16 / Chapter 37 / Section 1577
§ 1577. Duties and authority of Alternative Governance Board
Status: repealed

The governance board of a CTE center authorized under this subchapter, in addition to other duties and authority specifically assigned by law to the governing authority of a CTE center, shall have the following duties and authority:

(1) To determine the educational policies of the career technical center. Policies shall be of general application to the center and shall be in writing, codified, and made available to the public. Board policies shall be adopted at regular or special meetings. A board shall give public notice of its intent to adopt a board policy, stating the substance of the proposed policy, at least ten days prior to its adoption. A board may also approve or disapprove rules and regulations proposed by the director for the conduct and management of the center.

(2) To take any action required for the sound administration of the center. The Secretary of Education, with the advice of the Attorney General, upon application by a board, shall decide whether any action contemplated or taken under this subdivision is required for the sound administration of the center and is consistent with law. The Secretary's decision shall be final.

(3) To have the possession, care, control, and management of the property of the center, subject to the provisions of any agreement between the former board of the center and the alternative governing board.

(4) To keep the center buildings and grounds in good repair, suitably equipped, insured, and in safe and sanitary condition at all times. The center shall regulate or prohibit firearms or other dangerous or deadly weapons on school premises. A board's policies in this regard shall be, at minimum, consistent with section 1166 of this title and 13 V.S.A. § 4004, relating to a student who brings a firearm to or possesses a firearm at school.

(5) To lease or purchase real and personal property, and to sell, relocate, or discontinue use of real and personal property, subject to the terms and conditions of the approval granted to it by the State Board.

(6) To establish and maintain a system for receipt, deposit, disbursement, accounting, control, and reporting procedures that meets the criteria established by the State Board pursuant to subdivision 164(15) of this title and that ensures all payments are lawful and in accordance with the budget adopted pursuant to terms approved by the State Board. The Board may authorize a subcommittee, a superintendent of schools, or a designated employee of the Board to examine claims against the district for center expenses and draw orders for such as shall be allowed by it payable to the party entitled to the payment. Such orders shall state definitely the purpose for which they are drawn and shall serve as full authority to the treasurer to make such payments. It shall be lawful for a board to submit to its treasurer a certified copy of those portions of the board minutes, properly signed by the clerk and chair, or a majority of the board, showing to whom, and for what purpose, each payment is to be made by the treasurer, and the certified copy shall serve as full authority to the treasurer to make the approved payments.

(7) To establish, with the advice and consent of the Auditor of Accounts and the Secretary of Education, a system of accounts for the proper control and reporting of center finances and for stating the annual financial condition of the center.

(8) To sue and be sued.

(9) To execute contracts on behalf of the center, including contracts providing for binding arbitration, by its chair or any person designated whose appointment is recorded in the minutes of the board.

(10) [Repealed.]

(11) To employ persons to carry out the work of the center and dismiss any employee when necessary. The board shall consider the recommendation of the director or superintendent before employing or dismissing any person.

(12) To provide, at the expense of the center, subject to the approval of the director or superintendent, all textbooks, learning materials, equipment, and supplies.

(13) To employ a public accountant every year to audit the financial statements of the regional career technical center school district.

(14) To establish policies and procedures designed to avoid the appearance of board member conflict of interest.

(15) To borrow money by issuance of bonds or notes, not in excess of anticipated revenue for the school year.

(16) To apply for grants and to accept and expend grants and gifts.

(17) To present informational materials, at the expense of the center, to the electorate on any matter to be voted; provided, however, that the materials shall be limited to those that are reasonably designed to inform, educate, and explain to the electorate the board's position on the matter.
16 V.S.A. § 1126 — VT Code / Title 16 / Chapter 25 / Section 1126
§ 1126. Failure to attend; notice
Status: in_force

When a student between the ages of six and 16 years, who is not excused or exempted from school attendance, fails to enter school at the beginning of the academic year or, being enrolled, fails to attend the school, and when a student who is at least 16 years of age becomes enrolled in a public school and fails to attend, the teacher or principal shall notify the truant officer and either the superintendent or the school board, unless the teacher or principal is satisfied that the student is absent on account of illness.
16 V.S.A. § 2880g — VT Code / Title 16 / Chapter 87 / Section 2880g
§ 2880g. Financial literacy programs
Status: in_force

State agencies and offices, including the Agencies of Education and of Human Services and the Office of the State Treasurer, in collaboration with existing statewide community partners and nonprofit partners that specialize in financial education delivery and have developed an available infrastructure to support financial education across multiple sectors, shall develop and support programs to encourage the financial literacy of Program beneficiaries and their families and legal guardians throughout the duration of the Program via mail, mass media, and in-person delivery methods.
16APPENDIX V.S.A. § 1.06 — VT Code / Title 16APPENDIX / Chapter 1 / Section 1.06
App. § 1-6. Experimental farm
Status: in_force

The Trustees may, in their discretion, obtain by gift, grant, or otherwise, a tract of land which, together with the land now owned by the University of Vermont, shall amount to at least 100 acres, to be used as an experimental farm, whereon they may make any desirable experiments in the breeding of stock, field culture, the analysis and adaptation of soils and horticultural and botanical gardening, or either of them, as they may deem proper, and also for the purpose of military encampment, target firing, drill and review; and the trustees may use, lease, or dispose of the same, as they may think proper, so as best to promote the objects of the institutions.

And in case the land shall be procured, as aforesaid, a sum not to exceed one-tenth of the money which has been received by the State Treasurer for the sale of land scrip, in pursuance of the act of Congress authorizing the same, shall be paid to the Board of Trustees for the purposes aforesaid; provided, that no agricultural labor shall be required of students, except by their voluntary agreement or consent.
16 V.S.A. § 2880h — VT Code / Title 16 / Chapter 87 / Section 2880h
§ 2880h. Program Fund Advisory Committee
Status: in_force

(a) There is created a Vermont Universal Children's Higher Education Savings Account Program Fund Advisory Committee to identify and solicit public and private funds for the Program and to advise the Corporation on disbursement of funds.

(b) The Committee shall be composed of the following 11 members:

(1) the Governor or designee, ex officio;

(2) the President of the Corporation or designee, ex officio;

(3) two representatives of the Vermont philanthropy community, appointed by the Governor;

(4) two representatives of the Vermont business community, appointed by the Governor;

(5) two members from Vermont advocacy organizations representing individuals and families with limited income, appointed by the Governor; and

(6) three members selected by the Committee.

(c) Non-ex-officio members shall serve four-year terms, appointed and selected in such a manner that no more than three terms shall expire annually.
16 V.S.A. § 3862 — VT Code / Title 16 / Chapter 131 / Section 3862
§ 3862. Reports
Status: in_force

The Vermont Education and Health Buildings Finance Agency shall prepare and annually submit to the Governor a complete report listing all projects applied for, planned, in progress, and completed and a complete financial report duly audited and certified by a certified public accountant.
16 V.S.A. § 559 — VT Code / Title 16 / Chapter 9 / Section 559
§ 559. Public bids
Status: in_force

(a) 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.

(b) High-cost construction contracts. When a school construction contract exceeds $2,000,000.00:

(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 $2,000,000.00, 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.

(c) Contract award.

(1) A contract for any such item or service to be obtained pursuant to subsection (a) of this section shall be selected from among the three or fewer 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 the bidder's 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.

(d) 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.

(e) 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) The provisions of this section shall not apply to contracts for the purchase of food made from a nonprofit school food services 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.

(f) 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.

(g) 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.
16 V.S.A. § 570a — VT Code / Title 16 / Chapter 9 / Section 570a
§ 570a. Harassment
Status: in_force

(a) 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.

(b) 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.
16 V.S.A. § 801 — VT Code / Title 16 / Chapter 17 / Section 801
§ 801. Applicability of Vermont Laws-Article XI
Status: in_force

A. 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.

B. 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.

C. Continued existence of Vermont member school district. A Vermont member school district shall continue in existence, and shall have all the powers and be subject to all of the obligations imposed by law and not herein delegated to the interstate district. If the interstate district incorporates only a part of the schools in the member school district, then the school board of the member school district shall continue in existence and it shall have all of the powers and be subject to all of the obligations imposed by law on it and not herein delegated to the district. However, if all of the schools in the member school district are incorporated into the interstate school district, then the member or members of the interstate board representing the member district shall have all of the powers and be subject to all of the obligations imposed by law on the members of a school board for the member district and not herein delegated to the interstate district. The Vermont member school district shall remain liable on its existing indebtedness; and the interstate school district shall not become liable therefor. Any trust funds and any property not taken over shall be retained by the Vermont member school district and held or disposed of according to law.

D. Suit and service of process in Vermont. The courts of Vermont shall have the same jurisdiction over the districts as though a Vermont member district were a party instead of the interstate district. The service necessary to institute suit in Vermont shall be made on the district by leaving a copy of the writ or other proceedings in hand or at the last and usual place of abode of one of the directors who resides in Vermont, and by mailing a like copy to the clerk and to one other director by certified mail with return receipt requested.

E. Employment. Each employee of an interstate district assigned to a school located in Vermont shall be considered an employee of a Vermont school district for the purpose of the State Teachers' Retirement System of Vermont, the State Employees' Retirement System, the Vermont workers' compensation law, and any other law relating to the regulation of employment or the provision of benefits for employees of Vermont school districts except as follows:

1. A teacher in a Vermont member district may elect to remain a member of the State Teachers' Retirement System of Vermont, even though assigned to teach in an interstate school in New York.

2. Employees of interstate districts designated as professional or instructional staff members, as defined in article I hereof, may elect to participate in the teachers' retirement system of either the State of Vermont or the State of New York but in no case will they participate in both retirement systems simultaneously.

3. It shall be the duty of the superintendent in an interstate district to: (a) advise teachers and other professional staff employees contracted for the district about the terms of the contract and the policies and procedures of the retirement system; (b) see that each teacher or professional staff employee selects the retirement system of his choice at the time his contract is signed; (c) provide the commissioners of education in New York and in Vermont with the names and other pertinent information regarding each staff member under his jurisdiction so that each may be enrolled in the retirement system of his preference.
16 V.S.A. § 1696 — VT Code / Title 16 / Chapter 51 / Section 1696
§ 1696. Licensing
Status: in_force

(a) Qualifications of applicants. An applicant shall submit to the Secretary evidence satisfactory to the Secretary that the applicant either has completed all requirements of an approved educator preparation program or has otherwise acquired the knowledge and skills required for a license through coursework and experiences apart from an approved educator preparation program.

(b) License by reciprocity.

(1) By rule, the Standards Board shall establish standards according to which an applicant who meets the licensing standards of another state with standards substantially similar to Vermont's may be accorded a license in this State, provided the other state recognizes, by substantially reciprocal regulations or laws, licenses issued in this State.

(2) Eligibility for licensure under this subsection shall be in addition to eligibility for licensure under subdivision 1694(3)(B) of this chapter.

(c) Temporary licenses. By rule, the Standards Board may establish standards, if any, by which an applicant who otherwise does not meet the standards for a license may obtain, for a period not to exceed two years, a temporary license.

(d) Junior Reserve Officer Training Corps instructors. The Board shall accept certification of a Junior Reserve Officer Training Corps instructor by the federal Department of Defense as qualification for a license to provide Junior Reserve Officer Training Corps instruction to a student enrolled in a Junior Reserve Officer Training Corps program.

(e) Denial of license. The Secretary may deny a license for:

(1) failure to meet the conditions for issuance of a license or endorsement or renewal or reinstatement thereof; or

(2) failure of a licensee to demonstrate the competencies specified in the rules of the Standards Board.

(f) Appeal. An applicant aggrieved by a decision of the Secretary regarding the issuance or renewal of a license may appeal that decision by notifying the Secretary in writing within 30 days of receiving the decision. The Secretary shall transmit notice of the appeal to the administrative officer for hearing panels to initiate the appeal process set forth in section 1700 of this title.
16 V.S.A. § 562 — VT Code / Title 16 / Chapter 9 / Section 562
§ 562. Powers of electorate
Status: in_force

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.
16 V.S.A. § 1322 — VT Code / Title 16 / Chapter 29 / Section 1322
§ 1322. Transmission to superintendents and teachers
Status: in_force

Annually, in the month of June, the Secretary shall provide access to the school register. Superintendents shall ensure that school registrars and other staff have received the register and updated the current student information system at least 10 days prior to the beginning of the school year.
16APPENDIX V.S.A. § 1.07 — VT Code / Title 16APPENDIX / Chapter 1 / Section 1.07
App. § 1-7. Congressional fund; interest income
Status: in_force

Whenever this corporation shall have been duly organized, there shall be appropriated and paid to its Treasurer annually, for the purpose herein mentioned, on the warrant of the Governor, the interest or the income which may be received from the fund created under and by virtue of the act of Congress.
16 V.S.A. § 771 — VT Code / Title 16 / Chapter 15 / Section 771
§ 771. General provisions-Article I
Status: in_force

A. 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.

B. Requirement of Congressional Approval. This compact shall not become effective until approved by the United States Congress.

C. Definitions. The terms used in this compact shall be construed as follows, unless a different meaning is clearly apparent from the language or context:

a. “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.

b. “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.

c. “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.

d. “Secondary school” shall mean a school which includes all grades beginning no lower than grade seven and no higher than grade twelve.

e. “Interstate board” shall refer to the board serving an interstate school district.

f. “New Hampshire board” shall refer to New Hampshire State Board of Education.

g. “Vermont board” shall refer to the Vermont State Board of Education.

h. “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.

i. 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.

j. 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.

k. The term “warrant” or “warning” to mean the same for both states.
16 V.S.A. § 2878 — VT Code / Title 16 / Chapter 87 / Section 2878
§ 2878. Participation agreements for Investment Plan
Status: in_force

The Corporation shall have the authority to enter into Investment Plan participation agreements with participants pursuant to the provisions of this subchapter, including the following terms and agreements:

(1) A participation agreement shall stipulate the terms and conditions of the Investment Plan to which the participant makes contributions.

(2) A participation agreement shall clearly specify the method for calculating the return on the various investment options available and shall reference the relevant expenses and other pertinent information about the account.

(3) The execution of a participation agreement by the Corporation shall not guarantee in any way that postsecondary education costs will be equal to projections and estimates provided by the Corporation or that the beneficiary named in any participation agreement will be admitted to an institution of postsecondary education.

(4) A participation agreement shall clearly and prominently disclose to participants the risks associated with the various investment options available under the applicable Investment Plan.

(5) Participation agreements shall be organized and presented in a way and with language that is easily understandable by the general public. A participation agreement shall clearly and prominently disclose to participants that the Corporation, the State, and any other governmental entity are not liable for, nor guarantee the return of or on the participant's contributions to an Investment Plan. A participation agreement shall also clearly and prominently disclose to participants the existence of any load charge or similar charge assessed against the accounts of the participants for administration, operation, or services. No fee or similar charge may be imposed with regard to an investment managed by the Corporation. Any fee, load, or similar charge with regard to any investment not managed by the Corporation shall be no greater than the cost determined by the Corporation to be required to administer the investment. The cost of originating and servicing any education loans made or acquired pursuant to participation agreements shall not be considered as load charges or similar charges.

(6) Any investment advisory or management contract used with respect to a participation agreement shall be competitively bid pursuant to guidelines established by the Secretary of Administration.
16 V.S.A. § 2906 — VT Code / Title 16 / Chapter 99 / Section 2906
§ 2906. Vermont Expanded Learning Opportunities Special Fund established
Status: in_force

(a) As used in this section, “Expanded Learning Opportunity” means a structured program designed to serve prekindergarten through secondary school-age children and youth outside the school day and year on a regular basis, including before and after school and during the summer, by providing opportunities for personal, emotional, and academic growth for children and youth.

(b) There is established a Vermont Expanded Learning Opportunities Special Fund comprising grants, donations, and contributions from any private or public source. Monies in the Fund shall be available to the Agency for the purpose of increasing access to expanded learning opportunities throughout Vermont. The Commissioner of Finance and Management may draw warrants for disbursements from this Fund in anticipation of receipts. The Fund shall be administered pursuant to 32 V.S.A. chapter 7, subchapter 5, except that interest earned and any remaining balance at the end of the fiscal year shall be retained and carried forward in the Fund.
16 V.S.A. § 3741 — VT Code / Title 16 / Chapter 129 / Section 3741
§ 3741. School construction; debt service; taxation
Status: in_force

A school district that issues bonded debt to pay for capital construction costs is authorized under the provisions of sections 428 and 511 of this title to levy ad valorem taxes on the grand list to pay for debt service as it becomes due and payable and shall do so unless otherwise payable from other sources.
16 V.S.A. § 1949 — VT Code / Title 16 / Chapter 55 / Section 1949
§ 1949. Postretirement adjustments to retirement allowances
Status: in_force

(a) Postretirement adjustments to retirement allowance. On January 1 of each year, the retirement allowance of each beneficiary of the System who is in receipt of a retirement allowance for at least a one-year period as of December 31 in the previous year, and who meets the eligibility criteria set forth in this section, shall be adjusted by the amount described in subsection (d) of this section. In no event shall a beneficiary receive a negative adjustment to the beneficiary's retirement allowance.

(b) Calculation of net percentage increase. Each year, a determination shall be made of any increase or decrease, to the nearest one-tenth of a percent, in the Consumer Price Index for the month ending on June 30 of that year to the average of the Consumer Price Index for the month ending on June 30 of the previous year.

(1) Consumer Price Index; decreases. In the event of a decrease of the Consumer Price Index as of June 30 for the preceding year, there shall be no adjustment to the retirement allowance of a beneficiary for the subsequent year beginning on January 1; provided, however, that:

(A) such decrease shall be applied as an offset against the first subsequent year's increase of the Consumer Price Index up to the full amount of such increase; and

(B) to the extent that such decrease is greater than such subsequent year's increase, such decrease shall be offset in the same manner against two or more years of such increases, for up to but not exceeding five subsequent years of such increases, until fully offset.

(2) Consumer Price Index; increases. In the event of an increase in the Consumer Price Index, and provided there remains an increase following the application of any offset as in subdivision (1) of this subsection, that amount shall be identified as the net percentage increase and used to determine the members' postretirement adjustment as set forth in subsection (d) of this section.

(c) Eligibility for postretirement adjustment. In order for a beneficiary to receive a postretirement adjustment allowance, the beneficiary must meet the following eligibility requirements:

(1) For any Group A or Group C member eligible for normal retirement, or who is vested deferred, on or before June 30, 2022, the member must be in receipt of a retirement allowance for at least 12 months prior to the January 1 effective date of any postretirement adjustment.

(2) For any Group C member who is first eligible for normal retirement and leaves active service on or after July 1, 2022, the member must be in receipt of a retirement allowance for at least 24 months prior to the January 1 effective date of any postretirement adjustment.

(3) Special rule for Group C early retirement. A Group C member in receipt of an early retirement allowance shall not receive a postretirement adjustment to the member's retirement allowance until such time as the member has reached normal retirement age, provided the member meets all eligibility criteria set forth in this subsection.

(d) Amount of postretirement adjustment. The postretirement adjustment for each member who meets the eligibility criteria set forth in subsection (c) of this section shall be as follows:

(1) the full amount of the net percentage increase calculated pursuant to subsection (b) of this section for all Group A members, provided that:

(A) the net percentage increase following the application of any offset as provided in this section equals or exceeds one percent; and

(B) the maximum amount of any adjustment under this section shall be five percent; and

(2) one-half of the net percentage increase calculated pursuant to subsection (b) of this section for all Group C members, provided that:

(A) For Group C members eligible for normal retirement or who are vested deferred on or before June 30, 2022, the maximum amount of any adjustment under this section shall be five percent. An adjustment of less than one percent shall be assigned a value of one percent.

(B) For Group C members first eligible for normal retirement and who leave active service on or after July 1, 2022, the maximum amount of any adjustment under this section shall be four percent and the minimum amount shall be zero percent.

(e) As used in this section, “Consumer Price Index” means the Northeast Region Consumer Price Index for all urban consumers, designated as “CPI-U,” in the northeast region, as published by the U.S. Department of Labor, Bureau of Labor Statistics.
16 V.S.A. § 1623 — VT Code / Title 16 / Chapter 42 / Section 1623
§ 1623. Freedom of expression
Status: in_force

(a)(1) The General Assembly finds that freedom of expression and freedom of the press are fundamental principles in our democratic society granted to every citizen of the nation by the First Amendment to the U.S. Constitution and to every resident of this State by Chapter I, Article 13 of the Vermont Constitution.

(2) These freedoms provide all citizens, including students, with the right to engage in robust and uninhibited discussion of issues.

(3) The General Assembly intends to ensure free speech and free press protections for both public school students and students at public institutions of higher education in this State in order to encourage students to become educated, informed, and responsible members of society.

(b) As used in this chapter:

(1) “Media adviser” means an individual employed, appointed, or designated by a school or its governing body to supervise or provide instruction relating to school-sponsored media.

(2) “School” means a public school operating in the State.

(3) “School-sponsored media” means any material that is prepared, written, published, or broadcast as part of a school-supported program or activity by a student journalist and is distributed or generally made available as part of a school-supported program or activity to an audience beyond the classroom in which the material is produced.

(4) “Student journalist” means a student enrolled at a school who gathers, compiles, writes, edits, photographs, records, or prepares information for dissemination in school-sponsored media.

(5) “Student supervisor” is a student who is responsible for editing school-sponsored media.

(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:

(A) supported financially by a school or its governing body, or by use of facilities owned by the school; or

(B) produced in conjunction with a class in which the student journalist is enrolled.

(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.

(e) 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.

(f) A school is prohibited from subjecting school-sponsored media, other than that listed in subsection (e) of this section, to prior restraint. A school may restrain the distribution of content in student media described in subsection (e), provided that the school's administration shall have the burden of providing lawful justification without undue delay. Content shall not be suppressed solely because it involves political or controversial subject matter or is critical of the school or its administration.

(g) A student journalist may not be disciplined for acting in accordance with this section.

(h) 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.

(i) Each school or its governing body shall adopt a written policy consistent with the provisions of this section.

(j) No expression made by students in school-sponsored media shall be deemed to be an expression of school policy.
16APPENDIX V.S.A. § 1.05 — VT Code / Title 16APPENDIX / Chapter 1 / Section 1.05
App. § 1-5. Curriculum to be maintained
Status: in_force

There shall, at all times, be maintained, in the institution hereby created, such instruction, in the various branches of learning, as is contemplated in the several charters of each of the institutions hereby united; and more particularly including a four years' course of studies, similar to such as are generally taught in other colleges, and not inferior to that recently taught in the University of Vermont, and in addition to that which is usually taught in other colleges, the instruction in this institution shall include such enlarged facilities, and extended scope and variety in the study of those branches which relate to military tactics, agriculture, and the mechanic arts, as shall render the whole instruction in conformity with said act of Congress, as well as with the several charters aforesaid.
16 V.S.A. § 11 — VT Code / Title 16 / Chapter 1 / Section 11
§ 11. Classifications and definitions
Status: repealed

(a) 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:

(A) children residing in that home; and

(B) 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)(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.

(B) “Harassment” includes conduct that violates subdivision (A) of this subdivision (26) and constitutes one or more of the following:

(i) 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:

(I) Submission to that conduct is made either explicitly or implicitly a term or condition of a student's education.

(II) Submission to or rejection of such conduct by a student is used as a component of the basis for decisions affecting that student.

(ii) 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.

(iii) 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:

(A) 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

(B) a Vermont student who:

(i) is 18 years of age or older;

(ii) 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

(iii) resides in a school district other than the district of the student's parent or parents; or

(C) [Repealed.]

(D) a Vermont student who:

(i) is in either:

(I) the legal custody of the Commissioner for Children and Families; or

(II) 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

(ii) 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;

(E) but does not mean a student placed within a correctional facility or in the Woodside Juvenile Rehabilitation Center.

(29) [Repealed.]

(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:

(i) the goals are approved by the educational institution; and

(ii) 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.

(B) 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:

(A) is repeated over time;

(B) is intended to ridicule, humiliate, or intimidate the student; and

(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

(ii) 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.

(33)(A) “Pregnant or parenting pupil” means a legal pupil of any age who is not a high school graduate and who:

(i) is pregnant; or

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

(iii) is the parent of a child.

(B) “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.

(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.

(b) 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.
16 V.S.A. § 2959 — VT Code / Title 16 / Chapter 101 / Section 2959
§ 2959. Rulemaking; mediation
Status: in_force

(a) The State Board shall adopt rules governing the determination of a child's eligibility for special education, accounting and financial reporting standards, program requirements, procedural requirements, and the identification of the supervisory union or agency responsible for each child with a disability.

(b) Subject to rules established by the State Board, the Secretary shall offer mediation to parents, children with disabilities, and districts, supervisory unions, and agencies involved in special education disputes.
16APPENDIX V.S.A. § 23.07 — VT Code / Title 16APPENDIX / Chapter 23 / Section 23.07
App. § 23-7. Australian ballot
Status: in_force

All questions at any annual or special meeting, except for the acceptance of the annual report and the election of School District officers other than the Board of Trustees and the School District Treasurer, shall be voted by Australian ballot. The election of School District officers other than the Board of Trustees and the School District Treasurer, the acceptance of the annual report, and public discussion of Australian ballot issues shall be on the day preceding the Australian ballot.
16 V.S.A. § 2006 — VT Code / Title 16 / Chapter 57 / Section 2006
§ 2006. Mediator
Status: in_force

If, after negotiation has taken place on all matters properly before them, the negotiations councils for the school board and teachers' or administrators' organization are unable to reach agreement on specific negotiable items, they may jointly agree upon the services and person of a mediator for the purpose of assisting them in reconciling their differences and resolving the controversy on terms that are mutually acceptable. If agreement cannot be reached upon the person of a mediator, either party may request mediation upon any and all unresolved issues to be conducted by the American Arbitration Association or its designee. The parties shall meet with the mediator and make such information available as required.
16 V.S.A. § 428 — VT Code / Title 16 / Chapter 9 / Section 428
§ 428. Budget to be voted
Status: in_force

(a) 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.

(b) 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.
16 V.S.A. § 1568 — VT Code / Title 16 / Chapter 37 / Section 1568
§ 1568. Reporting of information
Status: in_force

(a) Annually, in accordance with a timeline, format, and process established by State Board rule, each CTE center shall report its costs and student enrollment, achievement, and performance measures to the Secretary. CTE center financial accounts shall be kept separately from those of the host high school in accordance with rules adopted by the State Board, which shall clearly delineate relevant costs and revenues.

(b) If a CTE center fails to file financial or student information required under this section within the timelines established by rule of the State Board, the Secretary may withhold funds due under this chapter and shall subtract $100.00 per business day from funds due the center under this chapter. The Secretary may waive the $100.00 penalty upon appeal by the center for good cause.
16 V.S.A. § 1698 — VT Code / Title 16 / Chapter 51 / Section 1698
§ 1698. Causes for licensing action
Status: in_force

Any one of the following, or any combination of the following, constitutes potential cause for licensing action whether occurring within or outside the State:

(1) Unprofessional conduct, which means:

(A) grossly negligent conduct or greater, on or off duty, that places a student or students in meaningful physical or emotional jeopardy, or conduct that evidences moral unfitness to practice as an educator;

(B) conviction for a criminal offense in which the underlying circumstances, conduct, or behavior, by gross negligence or greater, places a student or students in meaningful physical or emotional jeopardy, or conviction of a crime that evidences moral unfitness to practice as an educator;

(C) conviction of grand larceny under 13 V.S.A. § 2501 or embezzlement as defined in 13 V.SA. chapter 57, subchapter 2, provided charges were brought after July 1, 2006;

(D) conviction of a crime charged after July 1, 2006 that involves fraudulent misrepresentation, dishonesty, or deceit, including conviction for any of the following: 13 V.S.A. §§ 1101, 1102, 1103, 1104, 1106, 1107, 1108, 3006, or 3016, provided that conviction under 13 V.S.A. §§ 2002, 2502, 2561, 2575, 2582, and 2591, if the value or amount involved is $500.00 or less, shall not be considered a conviction under this subdivision unless it is part of a larger pattern of dishonesty, deceit, or fraud;

(E) a pattern of willful misconduct or a single egregious act of willful misconduct in violation of duties and obligations of the position;

(F) falsification, misrepresentation, or misstatement of material information provided in connection with the application for or renewal or reinstatement of a license or endorsement; and

(G) with respect to a superintendent, the failure to maintain the confidentiality and privileged status of information provided pursuant to subsection 1700(c) and subdivision 1708(f)(3) of this title.

(2) Incompetence, which means the inability or incapacity to perform the duties and competencies required by the license.
16 V.S.A. § 4031 — VT Code / Title 16 / Chapter 133 / Section 4031
§ 4031. Unorganized towns and gores [Repealed July 1, 2028 if contingency met]
Status: in_force

(a) For a municipality that, as of January 1, 2004, is an unorganized town or gore, its education property tax spending adjustment under 32 V.S.A. § 5401(13) shall be one for purposes of determining the tax rate under 32 V.S.A. § 5402(a)(2).

(b) For purposes of a claim for property tax credit under 32 V.S.A. chapter 154 by a taxpayer in a municipality affected under this section, the applicable percentage shall not be multiplied by a spending adjustment under 32 V.S.A. § 5401(13).
16 V.S.A. § 164a — VT Code / Title 16 / Chapter 3 / Section 164a
§ 164a. Statewide Strategic Education Plan
Status: in_force

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.
16 V.S.A. § 1938 — VT Code / Title 16 / Chapter 55 / Section 1938
§ 1938. Disability retirement
Status: in_force

(a) Upon notice not later than 90 days subsequent to the date the member may have separated from service, any member who has had five or more years of creditable service and has served as a teacher in the State during the five years immediately preceding the date of such separation from service, may be retired by the Board of Trustees on a disability retirement allowance on the first day of the calendar month next following receipt of application, provided such application is filed not less than 30 nor more than one 180 days subsequent to the filing of such notice, or on the first day of the calendar month next following the member's separation from service provided such application is filed prior to such separation, and further provided that the Medical Board, after a medical examination of such member, shall certify that the member is mentally or physically incapacitated for ordinary service; and, if previously separated from service, that such incapacity has existed since the time of the member's separation from such service; and that such incapacity is likely to be permanent.

(b) Anything to the contrary notwithstanding, should the Board of Trustees of the State Teachers' Retirement System determine, within its sole discretion, that a member of said System had failed for good cause to file the notice or application required by subsection (a) of this section, within the time limits prescribed, said Board may permit the filing of such notice or application at any time prior to termination of membership and may thereupon act upon such notice or application as if it had been filed within the time limits prescribed by the subsection.

(c) Upon disability retirement a member shall receive a service retirement equal to the normal retirement benefit accrued to the effective date of the disability retirement, provided, however, that such allowance shall not be less than 25 percent of his or her average final compensation at the time of his or her disability.

(d) Once each year during the first five years following the retirement of a member on a disability retirement allowance, and once in every three-year period thereafter, the Board of Trustees may, and upon his or her application shall, require any disability beneficiary who has not reached his or her normal retirement date to undergo a medical examination by a Medical Board or by a physician or physicians designated by the Medical Board, such examination to be made at the place of residence of such beneficiary or other place mutually agreed upon. Should any disability beneficiary who has not reached his or her normal retirement date refuse to submit to such medical examination, his or her allowance may be discontinued until his or her withdrawal of such refusal, and should his or her refusal continue for one year, all his or her rights in and to his or her pension may be revoked by the Board of Trustees.

(e) Should the Medical Board report and certify to the Board of Trustees that any disability beneficiary has a residual functional capacity that might enable the beneficiary to return to work, and should the Board of Trustees reasonably conclude that the beneficiary is engaged in or is, as a result of specific findings made by a certified vocational counselor, able to engage in a gainful occupation paying more than the difference between the beneficiary's retirement allowance and his or her average final compensation at retirement, the beneficiary's pension may be reduced to an amount that, together with his or her annuity and the amount earnable by him or her, shall equal the beneficiary's average final compensation at retirement, adjusted for inflation each year following retirement, provided that:

(1) The Board of Trustees shall provide written notice and an opportunity to be heard to the beneficiary prior to any reduction of the beneficiary's pension under this subsection.

(2) If the beneficiary has engaged in a gainful occupation subsequent to receiving disability retirement, the Board of Trustees in its discretion may reject in whole or in part a vocational assessment of the beneficiary's ability to engage in a more gainful occupation and may rely in whole or in part on evidence of the beneficiary's actual earnings in determining the amount earnable by the beneficiary. In addition, if the Board of Trustees' determination is based in whole or in part on a vocational assessment of the ability to engage in a gainful occupation, the beneficiary shall be given a reasonable opportunity, not to exceed two years, to seek gainful occupation prior to any change in his or her retirement allowance. Not later than 60 days before the change in retirement allowance is to occur, at the conclusion of the period of a reasonable opportunity to seek gainful occupation, the beneficiary may petition the Board of Trustees for an extension of that period. An extension will be granted only where the beneficiary can demonstrate reasonable diligence in seeking gainful employment and that a substantial hardship will result from a change in the retirement allowance. The Board of Trustees shall render a decision at least five days before the change in retirement allowance is set to occur. In the event that the beneficiary is subsequently restored to service as a teacher as set forth in subsection 1939(a) of this chapter, the beneficiary's retirement allowance shall cease, effective on the date when reemployment commences.

(f) Every recipient of disability benefits who has not reached his or her normal retirement date shall, annually on a date determined by the Board of Trustees, file with the State Treasurer a statement certifying, under penalty of perjury and in such form as the Board of Trustees shall prescribe, the full amount of his or her earnings from earned income during the preceding calendar year. The State Treasurer may request, and the beneficiary shall provide within 60 days after such request, additional financial information and records pertinent to the beneficiary's earned income. The beneficiary's statement and accompanying forms and schedules and any other financial information and records provided by the beneficiary to the State Treasurer shall be confidential. In the event that a beneficiary fails to submit the certification or any required or requested financial information or records pertinent to the beneficiary's earned income, the beneficiary's retirement allowance shall be suspended until all such information and records have been submitted, and in the event that the failure continues for one year, the suspension shall include all the beneficiary's rights in and to his or her pension. Notwithstanding any provision of this section to the contrary, if the beneficiary's earned income for the preceding year exceeded the difference between the beneficiary's retirement allowance and his or her average final compensation at retirement, adjusted for inflation each year following retirement, the beneficiary shall refund the portion of the preceding year's retirement allowance that is equal to the amount of the reduction specified in subsection (e) of this section, and the refund amount may be offset against the beneficiary's monthly pension benefits. Prior to suspension or revocation of the beneficiary's retirement allowance, reemployment rights, or inception of any offset under this subsection, the Board of Trustees shall provide the beneficiary with written notice and an opportunity to be heard.

(g) If a disability beneficiary engages in gainful occupation paying more than the difference between his or her retirement allowance and his or her average final compensation at retirement, the Board of Trustees may, under uniform standards of economic need, reduce and from time to time adjust his or her pension to an amount that, together with his or her annuity and the amount earnable by him or her, equals his or her average final compensation at retirement. For the purposes of this subsection, “retirement allowance” means the allowance payable without optional modification as provided in section 1941 of this title, and does not include any part of the annuity not provided by the regular contributions of the member at the rate provided under subdivision 1944(b)(2) of this title.
16APPENDIX V.S.A. § 1.01 — VT Code / Title 16APPENDIX / Chapter 1 / Section 1.01
App. § 1-1. Establishment as corporate body
Status: in_force

The University of Vermont and the Vermont Agricultural College, with such other corporations as may hereafter become united therewith, are hereby united and constituted a body corporate, by the name of the “University of Vermont and State Agricultural College,” for the purpose of carrying out the objects contemplated in their respective charters, and as such, shall be and remain a body corporate forever, and as such may hold and convey real and personal estate, have a common seal, and shall be recognized and utilized as an instrumentality of the State for providing public higher education, with all the rights and powers incident to corporations; and the General Assembly of the State of Vermont shall, from time to time, appropriate such sums as it deems necessary for the support and maintenance of the corporation.
16 V.S.A. § 2042 — VT Code / Title 16 / Chapter 59 / Section 2042
§ 2042. Definitions-Article II
Status: in_force

As used in this Agreement and contracts made pursuant to it, unless the context clearly requires otherwise:

1. “Educational personnel” means persons who must meet requirements pursuant to State law as a condition of employment in educational programs.

2. “Designated State official” means the education official of a State selected by that State to negotiate and enter into, on behalf of his or her State, contracts pursuant to this Agreement.

3. “Accept,” or any variant thereof, means to recognize and give effect to one or more determinations of another State relating to the qualifications of educational personnel in lieu of making or requiring a like determination that would otherwise be required by or pursuant to the laws of a receiving State.

4. “State” means a State, territory, or possession of the United States; the District of Columbia; or the Commonwealth of Puerto Rico.

5. “Originating State” means a State (and the subdivision thereof, if any) whose determination that certain educational personnel are qualified to be employed for specific duties in schools is acceptable in accordance with the terms of a contract made pursuant to Article III.

6. “Receiving State” means a State (and the subdivisions thereof) which accept educational personnel in accordance with the terms of a contract made pursuant to Article III.
16 V.S.A. § 261a — VT Code / Title 16 / Chapter 7 / Section 261a
§ 261a. Duties of supervisory union board
Status: repealed

(a) 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:

(A) manage a system to procure and distribute goods and operational services;

(B) manage construction projects;

(C) provide financial and student data management services, including grant writing and fundraising as requested;

(D) 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:

(i) contract terms may vary by district; and

(ii) contracts may include terms facilitating arrangements between or among districts to share the services of teachers, administrators, and other school personnel;

(E) provide transportation or arrange for the provision of transportation, or both, in any districts in which it is offered within the supervisory union;

(F) provide human resources management support; and

(G) 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:

(A) a breakdown of that figure showing the amount paid by each school district within the supervisory union; and

(B) 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.]

(b) Virtual merger. In order to maximize the impact of available funding and resources, and to reduce duplication of educational programs, personnel, and services, 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, or to form boards of cooperative education services pursuant to chapter 10 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.

(c) 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.
16 V.S.A. § 2103 — VT Code / Title 16 / Chapter 61 / Section 2103
§ 2103. Duties of the Commission
Status: repealed

(a) The Commission shall determine the percentage of the premium for individual, two-person, parent-child, and family coverage under a health benefit plan that shall be borne by each school employer and the percentage that shall be borne by participating employees.

(1) The premium responsibility percentages shall remain in effect for the entire plan year.

(2) Each school employer shall be responsible for paying, on behalf of all of its participating employees, the applicable percentages of premium costs as determined by the Commission.

(3) [Repealed.]

(b)(1) The Commission shall determine the amount of participating employees' calendar year out-of-pocket expenses for which the school employer and the participating employees shall be responsible, and whether school employers shall establish a health reimbursement arrangement, a health savings account, both, or neither, for their participating employees.

(2) The Commission also shall determine the extent to which the employer or employee shall bear first dollar responsibility for out-of-pocket expenses if using a health reimbursement arrangement and whether the balance in a participating employee's health reimbursement arrangement shall roll over from year to year.

(3) [Repealed.]

(c) The Commission may make recommendations regarding health benefit plan design to any intermunicipal insurance association that offers health benefit plans to entities providing educational services pursuant to 24 V.S.A. chapter 121, subchapter 6.

(d) The Commission shall not make any determinations regarding school employer or participating employee responsibilities with respect to stand-alone vision or dental benefits.

(e) The Commission may negotiate a statewide grievance procedure for disputes concerning public school employee health benefits.

(f) In no case shall a school employee receive cash in lieu of receipt of health care benefits from one school employer while simultaneously receiving health care benefits from the same or another school employer.

(g) Accommodations shall be made for school employees whose workload is shared between more than one school employer, and who may not otherwise qualify for health care benefits from only one school employer. The affected school employers shall determine the proportionate portion of the shared costs of the health benefits.
16 V.S.A. § 2823 — VT Code / Title 16 / Chapter 87 / Section 2823
§ 2823. Powers of Corporation
Status: in_force

(a) The Corporation may acquire by gift or otherwise, hold, and dispose of property in fee or in trust, or any other estate, for the purposes set forth in this chapter and shall be an instrumentality of the State. The State shall support and maintain the Corporation.

(b) The Corporation has the general powers provided to Vermont nonprofit corporations.

(c) The Corporation is hereby designated as the state agency to receive federal funds assigned to the State of Vermont for student financial aid programs.

(d) The Corporation is authorized to make and finance the making of education loans and to issue its debt obligations for the purpose of acquiring funds therefor. No resolution or other action of the Corporation providing for the issuance of such debt obligations may be effective without the approval in writing of the Governor.

(e) The Corporation is authorized to develop and implement loan programs, including programs for the guaranteeing, servicing, originating, and financing of education loans for borrowers and lenders located both within and outside the State, including the federal Direct Loan Program and other education loans made pursuant to federal law. The Corporation is authorized to make loans to residents and nonresidents.

(f) The Corporation is authorized to borrow money and issue its debt obligations to further the governmental and public purposes set forth in this chapter, including the purchase, construction, renovation, reconstruction, rehabilitation, improvement, furnishing, and equipping of office or other business space to be owned or leased by the Corporation for use by the Corporation to further the governmental and public purposes set forth in this chapter. Notwithstanding subsection 2868(i) of this chapter, notes, bonds, or other obligations issued under this section may be direct and general obligations of the Corporation, and may be otherwise secured as the Corporation shall determine, including by a mortgage. No debt obligation issued under this subsection may be effective without the approval in writing of the Governor. Such obligations shall not be deemed to constitute a debt or liability or obligation of the State of Vermont or of any political subdivision of it, nor shall they be deemed to constitute a pledge of the faith and credit of the State or of any political subdivision thereof. Each obligation issued by the Corporation under this section shall contain on its face a statement to the effect that neither the faith and credit nor the taxing power of the State of Vermont or any political subdivision of it is pledged to the payment of the principal or the interest on these obligations.