reglab/statecodes huggingface dataset:
2023 Vermont Statutes › Title 16 - Education › Chapter 101 - Special Education › § 2965. Withholding of aid

§ 2965. Withholding of aid
If a supervisory union, school district, or agency fails to meet its legally established obligations toward a child with a disability or the child’s parent, and as a result the Agency of Education incurs costs to meet these obligations beyond those otherwise incurred under this chapter, the Secretary shall withhold the amount of funds incurred from any grants due the supervisory union, school district, or agency under this subchapter. (Added 1987, No. 235 (Adj. Sess.), § 7; amended 1995, No. 157 (Adj. Sess.), § 22; 2013, No. 92 (Adj. Sess.), § 208, eff. Feb. 14, 2014; 2015, No. 148 (Adj. Sess.), § 1, eff. July 1, 2017.)
2023 Vermont Statutes › Title 16 - Education › Chapter 101 - Special Education › § 2967. Aid projection; State share

§ 2967. Aid projection; State share
(a) On or before December 15, the Secretary shall publish an estimate, by supervisory union and its member districts to the extent they anticipate reimbursable expenditures under this chapter, of the amount of State assistance necessary to fully fund sections 2961 through 2963 of this title in the ensuing school year.
(b) The total expenditures made by the State in any fiscal year pursuant to this chapter shall be 60 percent of the statewide total special education expenditures of funds that are not derived from federal sources. Special education expenditures shall include:
(1) costs eligible for grants and reimbursements under sections 2961 through 2963a of this title;
(2) costs for services for persons who are visually impaired and persons who are deaf and hard of hearing;
(3) costs for the interdisciplinary team program;
(4) costs for regional specialists in multiple disabilities;
(5) funds expended for training and programs to meet the needs of students with emotional behavioral problems under subsection 2969(c) of this title; and
(6) funds expended for training under subsection 2969(d) of this title. (Added 1987, No. 235 (Adj. Sess.), § 7; amended 1989, No. 230 (Adj. Sess.), § 27; 1995, No. 157 (Adj. Sess.), § 17; 1997, No. 60, § 30d, eff. July 1, 1998; 1997, No. 71 (Adj. Sess.), § 88, eff. March 11, 1998; 2003, No. 36, § 15; 2003, No. 130 (Adj. Sess.), § 9; 2011, No. 58, § 5, eff. May 31, 2011; 2013, No. 92 (Adj. Sess.), § 209, eff. Feb. 14, 2014; 2013, No. 96 (Adj. Sess.), § 79; 2013, No. 142 (Adj. Sess.), § 31; 2015, No. 131 (Adj. Sess.), § 25; 2015, No. 148 (Adj. Sess.), § 1, eff. July 1, 2017; 2017, No. 173 (Adj. Sess.), § 5, eff. July 1, 2022; 2019, No. 112 (Adj. Sess.), § 2, eff. July 1, 2022.)
2023 Vermont Statutes › Title 16 - Education › Chapter 101 - Special Education › § 2967. Aid projection

§ 2967. Aid projection
(a) On or before December 15, the Secretary shall publish an estimate, by each supervisory union, of its anticipated State special education funding under this chapter for the ensuing school year.
(b) As used in this section, State special education funding shall include:
(1) funds eligible for grants and reimbursements under sections 2961 and 2962 of this title;
(2) funds for services for persons who are visually impaired;
(3) funds for persons who are deaf or hard of hearing;
(4) funds for the interdisciplinary team program;
(5) funds expended for training and programs to meet the needs of students with emotional or behavioral challenges under subsection 2969(c) of this title; and
(6) funds expended for training under subsection 2969(d) of this title. (Added 1987, No. 235 (Adj. Sess.), § 7; amended 1989, No. 230 (Adj. Sess.), § 27; 1995, No. 157 (Adj. Sess.), § 17; 1997, No. 60, § 30d, eff. July 1, 1998; 1997, No. 71 (Adj. Sess.), § 88, eff. March 11, 1998; 2003, No. 36, § 15; 2003, No. 130 (Adj. Sess.), § 9; 2011, No. 58, § 5, eff. May 31, 2011; 2013, No. 92 (Adj. Sess.), § 209, eff. Feb. 14, 2014; 2013, No. 96 (Adj. Sess.), § 79; 2013, No. 142 (Adj. Sess.), § 31; 2015, No. 131 (Adj. Sess.), § 25; 2015, No. 148 (Adj. Sess.), § 1, eff. July 1, 2017; 2017, No. 173 (Adj. Sess.), § 5, eff. July 1, 2022; 2019, No. 112 (Adj. Sess.), § 2, eff. July 1, 2022.)
2023 Vermont Statutes › Title 16 - Education › Chapter 101 - Special Education › § 2968. Reports

§ 2968. Reports
(a) On or before November 15, March 15, and August 1 of each school year, each supervisory union and its member districts to the extent they incur reimbursable expenditures under this chapter shall file a financial report with the Secretary in a form prescribed by the Secretary. The report shall describe total expenditures for special education actually incurred during the preceding period, and shall describe revenues derived from different funding sources, including federal assistance, State assistance under this chapter, and local effort.
(b) If a supervisory union or its member districts that have incurred reimbursable expenditures under this chapter fail to file a complete report by August 1, until the properly completed August 1 report is filed and accepted by the Secretary, the Secretary may withhold any funds due the supervisory union or school district under this title and shall subtract $100.00 per business day from funds due to the supervisory union or school district under this title for that fiscal year. The Secretary may waive the $100.00 penalty required under this subsection upon appeal by the supervisory union or school district. The Secretary shall establish procedures for administration of this subsection.
(c) The Secretary shall review and monitor the reports received pursuant to subsection (a) of this section as well as the service plans received pursuant to section 2964 of this title, and shall assist supervisory unions and school districts to complete and submit these documents in a timely and accurate fashion.
(d) Special education receipts and expenditures shall be included within the audits required of a supervisory union and its member districts that have incurred reimbursable expenditures under this chapter pursuant to section 323 of this title. (Added 1987, No. 235 (Adj. Sess.), § 7; amended 1989, No. 230 (Adj. Sess.), § 21; 1995, No. 157 (Adj. Sess.), § 18; 2013, No. 92 (Adj. Sess.), § 210, eff. Feb. 14, 2014; 2015, No. 148 (Adj. Sess.), § 1, eff. July 1, 2017; repealed on July 1, 2022 by 2019, No. 72, § E.502.2, as amended by 2019, No. 112 (Adj. Sess.), § 10(b).)
2023 Vermont Statutes › Title 16 - Education › Chapter 101 - Special Education › § 2969. Payments

§ 2969. Payments
(a) On or before August 15, December 15, and April 15 of each school year, the State Treasurer shall withdraw from the Education Fund, based on warrant of the Commissioner of Finance and Management, and shall forward to each supervisory union and its member districts to the extent they anticipate reimbursable expenditures under this chapter, the amount of State assistance estimated in accordance with State Board rules to be necessary to fund sections 2961 through 2963a of this title in the current fiscal period. The State Board shall by rule ensure that the amount of such assistance shall be adjusted to compensate for any overpayments or underpayments determined, after review and acceptance of the reports submitted under section 2968 of this title, to have been made in previous periods. Notwithstanding this subsection, failure to submit the reports within the timelines established by subsection 2968(a) of this title shall result in the withholding of any payments until the report is filed.
(b) [Repealed.]
(c) For the purpose of meeting the needs of students with emotional behavioral problems, each fiscal year the Secretary shall use for training, program development, and building school and regional capacity, up to one percent of the State funds appropriated under this subchapter.
(d) For the training of teachers, administrators, and other personnel in the identification and evaluation of, and provision of education services to children who require educational supports, each fiscal year the Secretary shall use up to 0.75 percent of the State funds appropriated under this subchapter. In order to set priorities for the use of these funds, the Secretary shall identify effective practices and areas of critical need. The Secretary may expend up to five percent of these funds for statewide training and shall distribute the remaining funds to school districts or supervisory unions.
(e) School districts and supervisory unions that apply for funds under this section must submit a plan for training that will result in lasting changes in their school systems and give assurances that at least 50 percent of the costs of training, including in-kind costs, will be assumed by the applicant. The Secretary shall establish written procedures and criteria for the award of such funds. In addition, the Secretary may identify schools most in need of training assistance and may pay for 100 percent of the assistance to the supervisory union or school district for these schools to fund the provision of training assistance for these schools. (Added 1989, No. 107, § 9; amended 1989, No. 230 (Adj. Sess.), §§ 7, 22; 1995, No. 157 (Adj. Sess.), § 19 eff. July 1, 1997; 1995, No. 157 (Adj. Sess.), § 24; 1997, No. 60, § 30e, eff. July 1, 1998; 1997, No. 71 (Adj. Sess.), § 116, eff. March 11, 1998; 2005, No. 71, § 267; 2013, No. 92 (Adj. Sess.), § 211, eff. Feb. 14, 2014; 2015, No. 148 (Adj. Sess.), § 1, eff. July 1, 2017; 2017, No. 173 (Adj. Sess.), § 5, eff. July 1, 2022.)
2023 Vermont Statutes › Title 16 - Education › Chapter 101 - Special Education › § 2973. Independent school tuition rates

§ 2973. Independent school tuition rates
(a) The Secretary shall establish minimum standards of services for students receiving special education in independent schools in Vermont; shall set, after consultation with independent schools in Vermont, the maximum rates to be paid by the Agency and school districts for tuition, room, and board based on the level of services; and may advise independent schools as to the need for certain special education services in Vermont.
(b) Neither school districts nor any State agency shall pay rates for tuition, room, and board, for students receiving special education in independent schools outside Vermont that are in excess of allowable costs approved by the authorized body in the state in which the independent school is located, except in exceptional circumstances or for a child who needs exceptional services, as approved by the Secretary.
(c) The State Board is authorized to enter into interstate compacts with other states to regulate rates for tuition, room, and board for students receiving special education in independent schools. (Added 1989, No. 230 (Adj. Sess.), § 28; 1991, No. 24, § 11; 2013, No. 92 (Adj. Sess.), § 212, eff. Feb. 14, 2014; 2017, No. 173 (Adj. Sess.), § 21, eff. July 1, 2023.)
2023 Vermont Statutes › Title 16 - Education › Chapter 101 - Special Education › § 2973a. Special education; best practices; policy

§ 2973a. Special education; best practices; policy
It is the public policy of the State that integrated special education services are recognized as an essential responsibility of the educational system that benefits all students and contribute to the good of the State. This section and section 2974 of this title recognize that best practices in delivery of such services promote this policy. (Added 2007, No. 82, § 26.)
2023 Vermont Statutes › Title 16 - Education › Chapter 101 - Special Education › § 2974. Special education program; fiscal review

§ 2974. Special education program; fiscal review
Annually, the Secretary shall report to the State Board regarding:
(1) the total amount of census grants made to supervisory unions under section 2961 of this title;
(2) the total amount of extraordinary special education reimbursement made to supervisory unions under section 2962 of this title;
(3) results for special education students;
(4) the availability of special education staff;
(5) the consistency of special education program implementation statewide;
(6) the status of tiered systems of supports in supervisory unions; and
(7) a statewide summary of the special education student count, including:
(A) the percentage of the total average daily membership represented by special education students statewide and by supervisory union;
(B) the percentage of special education students by disability category; and
(C) the percentage of special education students served by public schools within the supervisory union, by day placement, and by residential placement. (Added 1997, No. 60, § 31, eff. June 26, 1997; amended 1997, No. 71 (Adj. Sess.), § 115, eff. March 11, 1998; 1999, No. 117 (Adj. Sess.), § 6; 2007, No. 82, § 10; 2013, No. 92 (Adj. Sess.), § 213, eff. Feb. 14, 2014; 2015, No. 11, § 14; 2015, No. 148 (Adj. Sess.), § 1, eff. July 1, 2017; 2017, No. 74, § 24; 2017, No. 173 (Adj. Sess.), § 5, eff. July 1, 2022.)
2023 Vermont Statutes › Title 16 - Education › Chapter 101 - Special Education › § 2975. Unusual special education costs; financial assistance

§ 2975. Unusual special education costs; financial assistance
The Secretary may use up to two percent of the funds appropriated for special education expenditures, as that term is defined in subsection 2967(b) of this title, to directly assist supervisory unions with special education expenditures of an unusual or unexpected nature. These funds shall not be used for exceptional circumstances that are funded under section 2963a of this title. The Secretary’s decision regarding a supervisory union’s eligibility for and amount of assistance shall be final. (Added 2007, No. 66, § 13; amended 2013, No. 92 (Adj. Sess.), § 214, eff. Feb. 14, 2014; 2015, No. 148 (Adj. Sess.), § 1, eff. July 1, 2017; 2017, No. 173 (Adj. Sess.), § 5, eff. July 1, 2021; 2019, No. 112 (Adj. Sess.), § 3, eff. July 1, 2022.)
2023 Vermont Statutes › Title 16 - Education › Chapter 101 - Special Education › § 2975. Unusual special education costs; financial assistance

§ 2975. Unusual special education costs; financial assistance
The Secretary may use funds for allowable special education expenditures, as defined in State Board of Education rules, to directly assist supervisory unions with special education expenditures of an unusual or unexpected nature. These funds shall be appropriated in the amount of two percent times the census grant as defined in section 2961 of this title. The Secretary’s decision regarding a supervisory union’s eligibility for and amount of assistance shall be final. (Added 2007, No. 66, § 13; amended 2013, No. 92 (Adj. Sess.), § 214, eff. Feb. 14, 2014; 2015, No. 148 (Adj. Sess.), § 1, eff. July 1, 2017; 2017, No. 173 (Adj. Sess.), § 5, eff. July 1, 2021; 2019, No. 112 (Adj. Sess.), § 3, eff. July 1, 2022.)
2023 Vermont Statutes › Title 16 - Education › Chapter 123 - State Aid for Capital Construction Costs › § 3447. School building construction; State bonds; city as school district

§ 3447. School building construction; State bonds; city as school district
The State Treasurer may issue bonds under 32 V.S.A. chapter 13 in such amount as may from time to time be appropriated to assist incorporated school districts, joint contract schools, town school districts, union school districts, regional career technical center school districts, and independent schools meeting education quality standards that serve as the public high school for one or more towns or cities, or combination thereof, and that both receive their principal support from public funds and are conducted within the State under the authority and supervision of a board of trustees, not less than two-thirds of whose membership is appointed by the selectboard of a town or by the city council of a city or in part by such selectboard and the remaining part by such council under the conditions and for the purpose set forth in sections 3447-3456 of this title. A city shall be deemed to be an incorporated school district within the meaning of sections 3447-3456 of this title. (Added 1995, No. 185 (Adj. Sess.), § 71, eff. May 22, 1996; amended 2001, No. 8, § 14; 2001, No. 33, § 5; 2011, No. 129 (Adj. Sess.), § 6, eff. May 11, 2012; 2015, No. 23, § 28.)
2023 Vermont Statutes › Title 16 - Education › Chapter 123 - State Aid for Capital Construction Costs › § 3448a. Appeal

§ 3448a. Appeal
Any municipal corporation or independent school as defined in section 3447 of this title aggrieved by an order, allocation, or award of the State Board of Education may, within 30 days, appeal to the Superior Court in the county in which the project is located. (Added 1995, No. 185 (Adj. Sess.), § 73, eff. May 22, 1996; amended 2019, No. 131 (Adj. Sess.), § 111.)
2023 Vermont Statutes › Title 16 - Education › Chapter 123 - State Aid for Capital Construction Costs › § 3448e. Construction of career technical education facilities; approval and funding

§ 3448e. Construction of career technical education facilities; approval and funding
(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. (Added 2001, No. 149 (Adj. Sess.), § 61, eff. June 27, 2002; amended 2005, No. 147 (Adj. Sess.), § 48, eff. May 15, 2006; 2013, No. 92 (Adj. Sess.), § 218, eff. Feb. 14, 2014.)
2023 Vermont Statutes › Title 16 - Education › Chapter 123 - State Aid for Capital Construction Costs › § 3453a. Emergency operation centers and shelters

§ 3453a. Emergency operation centers and shelters
Any school building that may be designated as a local, regional, or State emergency operation center or shelter shall be designed for use as an emergency operations center or shelter. For this purpose, the proposed project shall include the installation of a wiring harness capable of being connected to emergency electric power generation to provide for emergency heating, lighting, and communications. The wiring installation cost to upgrade emergency facilities shall be included in the budgets submitted to the General Assembly for capital funding pursuant to 32 V.S.A. § 309. The State shall pay 100 percent of such costs, which shall at the Agency level be itemized and accounted for separately from those costs in which the State only shares in the project cost. The State shall not pay for the costs of purchasing the generator. (Added 1999, No. 29, § 43, eff. May 19, 1999; amended 2009, No. 43, § 47, eff. May 27, 2009; 2021, No. 20, § 66.)
2023 Vermont Statutes › Title 16 - Education › Chapter 123 - State Aid for Capital Construction Costs › § 3454. Deferred maintenance

§ 3454. Deferred maintenance
No State school construction aid shall be available under this title for any proposed project or construction if the Secretary finds the need for the project or construction has arisen in whole or in part from significant deferred maintenance. The State Board, by rule, shall define “significant deferred maintenance.” (Added 1995, No. 185 (Adj. Sess.), § 75, eff. May 22, 1996; amended 2013, No. 92 (Adj. Sess.), § 220, eff. Feb. 14, 2014.)
2023 Vermont Statutes › Title 16 - Education › Chapter 123 - State Aid for Capital Construction Costs › § 3455a. Computer aided design

§ 3455a. Computer aided design
Whenever a school district or independent school makes final application for construction aid pursuant to subdivision 3448(a)(5) of this title, the district or school shall submit to the Secretary copies of site plans and building plans either in computer-aided design (CAD) format, if used, or, if not, in the form submitted by the architect or engineer to the school board or board of trustees. (Added 1995, No. 185 (Adj. Sess.), § 77, eff. May 22, 1996; amended 2013, No. 92 (Adj. Sess.), § 221, eff. Feb. 14, 2014.)
2023 Vermont Statutes › Title 16 - Education › Chapter 123 - State Aid for Capital Construction Costs › § 3456. Limit of indebtedness

§ 3456. Limit of indebtedness
The amount of indebtedness of an incorporated school district, town school district, or union school district incurred to finance any project approved under sections 3447-3456 of this title shall not be considered a part of the indebtedness of such local district for the purpose of determining its debt limit, as provided by 24 V.S.A. § 1762, or otherwise. (Added 1953, No. 256, § 10; amended 1955, No. 266, § 2; 2013, No. 92 (Adj. Sess.), § 222, eff. Feb. 14, 2014.)
2023 Vermont Statutes › Title 16 - Education › Chapter 125 - Federal Aid; School Construction › § 3581. Acceptance

§ 3581. Acceptance
The State Board may accept, use, disburse, and account for federal funds made available for the purposes of acquisition, construction, reconstruction, remodeling, or repair of public school buildings. (Amended 2013, No. 92 (Adj. Sess.), § 223, eff. Feb. 14, 2014.)
2023 Vermont Statutes › Title 16 - Education › Chapter 125 - Federal Aid; School Construction › § 3582. Formulation of plans

§ 3582. Formulation of plans
The State Board may formulate any State plan, including preparation of surveys and estimates of school building needs, required by federal legislation. (Amended 2013, No. 92 (Adj. Sess.), § 224, eff. Feb. 14, 2014.)
2023 Vermont Statutes › Title 16 - Education › Chapter 125 - Federal Aid; School Construction › § 3597. Tax-credit bond financing; qualified school academy zones; qualified school construction bonds

§ 3597. Tax-credit bond financing; qualified school academy zones; qualified school construction bonds
The American Recovery and Reinvestment Act of 2009, Pub. L. No. 111-5, expanded existing and created new tax-credit bond programs available to public schools. Accordingly, school districts are authorized to issue bonds to finance public school building construction and rehabilitation, the purchase of equipment, the development of course materials, and teacher and personnel training, consistent with Sections 1397E and 54F of the Internal Revenue Code, pertaining to qualified school academy zones and qualified school construction bonds. (Added 2009, No. 54, § 21, eff. June 1, 2009.)
2023 Vermont Statutes › Title 16 - Education › Chapter 127 - Use of Educational Trust Funds › § 3641. Common investment of individual trust funds

§ 3641. Common investment of individual trust funds
In its discretion, an educational institution may associate together for common investment the funds of individual trusts or individual funds held by it whether created by order of court or otherwise, if the terms of the trust or gift do not require a separate investment. For that purpose, an educational institution may create an investment account in which may be placed for investment the whole or any part of the funds of trusts or gifts permitted to be associated. An individual trust or gift whose funds are thus associated shall at all times be the equitable owner of its pro rata share of the funds of such investment account and the net increase or decrease of its principal during the time its funds are a part of such account.
2023 Vermont Statutes › Title 16 - Education › Chapter 127 - Use of Educational Trust Funds › § 3681. Complaint to Superior Court

§ 3681. Complaint to Superior Court
If an educational corporation or association holds a fund of which, whether by statute or by usage, only the income may be expended, and, because of such limitation, such corporation or association is unable to reduce its indebtedness and to pay its debt and expenses from its current receipts, so that cessation of its activities or winding-up of its affairs and liquidation is threatened or impends, such corporation or association may bring its complaint to the Superior Court in the county in which it has its principal place of business, for relief as provided in this subchapter. (Amended 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; amended 2019, No. 131 (Adj. Sess.), § 112.)
2023 Vermont Statutes › Title 16 - Education › Chapter 127 - Use of Educational Trust Funds › § 3682. Contents of complaint; party defendant; notice

§ 3682. Contents of complaint; party defendant; notice
A complaint brought in accordance with section 3681 of this title shall set forth the situation of such corporation or association within the provisions of that section 3681 and shall describe particularly the fund involved and shall pray for relief under the provisions of this subchapter. The Attorney General shall be cited as party defendant. Public notice shall be given by publication of the substance of the complaint and the time and place to which the complaint is returnable, pursuant to the provisions of 1 V.S.A. § 174 and V.R.C.P. 4(g). (Amended 2021, No. 20, § 67.)
2023 Vermont Statutes › Title 16 - Education › Chapter 127 - Use of Educational Trust Funds › § 3683. Hearing; determination

§ 3683. Hearing; determination
If the Superior Court shall find upon hearing that the situation of such corporation or association is within the provisions of section 3681 of this title, that its affairs have been conducted in a proper manner, and that the purposes of its organization, the nature and results of its activities, and the general welfare require its continuance as a going organization, such court may authorize such corporation or association to use such part of the principal of such fund upon such terms as such court shall determine may be necessary to enable such corporation or association to rehabilitate itself and free itself in part or in whole from its indebtedness. (Amended 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974.)
2023 Vermont Statutes › Title 16 - Education › Chapter 127 - Use of Educational Trust Funds › § 3684. Orders

§ 3684. Orders
The court may make all orders necessary or incidental to the exercise of the jurisdiction conferred by this subchapter, including such orders relating to the custody, preservation, and conservation of the assets and property of the corporation or association as may be deemed necessary and proper for the protection of all interests involved.
2023 Vermont Statutes › Title 16 - Education › Chapter 129 - School Property › § 3741. School construction; debt service; taxation

§ 3741. School construction; debt service; taxation
A school district that issues bonded debt to pay for capital construction costs is authorized under the provisions of sections 428 and 511 of this title to levy ad valorem taxes on the grand list to pay for debt service as it becomes due and payable and shall do so unless otherwise payable from other sources. (Amended 1997, No. 71 (Adj. Sess.), § 89, eff. March 11, 1998; 2013, No. 92 (Adj. Sess.), § 225, eff. Feb. 14, 2014.)
2023 Vermont Statutes › Title 16 - Education › Chapter 129 - School Property › § 3742. Flag display

§ 3742. Flag display
Each school district shall erect a flag pole on the building or premises of each public school and, while school is in session, at such times as it directs, shall cause a United States flag, which shall not be lettered or marked in any way, to be displayed. A United States flag and a State flag may be displayed inside the school building. A person who violates this section shall be fined not more than $10.00. (Added 2013, No. 92 (Adj. Sess.), § 226, eff. Feb. 14, 2014.)
2023 Vermont Statutes › Title 16 - Education › Chapter 129 - School Property › § 3743. Textbooks, appliances, and supplies

§ 3743. Textbooks, appliances, and supplies
The board shall select and provide all textbooks, appliances, and supplies required for use in the elementary schools and the textbooks required for use in the secondary schools in the town district that shall be paid for by the district. The selection of textbooks, appliances, and supplies shall be subject to the approval of the superintendent of the schools of the district. The board shall provide nonresident students attending the schools with the necessary textbooks, appliances, and supplies under the rules the Board of Education shall prescribe. The board of school directors with the superintendent shall make the rules and regulations it deems proper for the care and custody of all textbooks, appliances, and supplies. (Amended 1965, No. 93, § 1, eff. July 1, 1966; amended 2019, No. 131 (Adj. Sess.), § 113.)
2023 Vermont Statutes › Title 16 - Education › Chapter 129 - School Property › § 3821. Transfer; acceptance

§ 3821. Transfer; acceptance
An incorporated academy, institute, seminary, or other educational institution, having no capital stock, by vote of at least two-thirds of its directors, trustees, or other governing body, may authorize the transfer of all of its real and personal property, including trust funds, to the school district in which the academy, institute, seminary, or other educational institution is located as provided in this chapter. The school district, at an annual or special meeting of the legal voters warned for the purpose, may vote to accept the transfer of real and personal property, including trust funds, as provided in this chapter to be used for school purposes. (Amended 2013, No. 92 (Adj. Sess.), § 227, eff. Feb. 14, 2014.)
2023 Vermont Statutes › Title 16 - Education › Chapter 129 - School Property › § 3822. Proceeding in Superior Court

§ 3822. Proceeding in Superior Court
(a) An incorporated academy, institute, seminary, or other educational institution, and a school district, upon completion of the votes required by section 3821 of this title and before transfer of any property, shall apply to the Superior Court of the county in which the property is located setting forth the votes and any other material facts.
(b) The court shall issue an order stating the substance of the bill and fixing the time and place of hearing. The plaintiff shall cause the order to be published in a newspaper named in the order, three weeks successively, the last publication to be at least 10 days prior to the date fixed for the hearing. The plaintiff shall give further notice as required by the order.
(c) Upon hearing, the court shall determine what portion, if any, of the real and personal property to be transferred is held in trust, may order the transfer of that property subject to the terms of the trust, may make any other orders and decrees for the protection and disposition of the same it deems proper, and shall order the remainder of the real and personal property to be transferred in accordance with the votes authorizing the transfer for use for school purposes. (Amended 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 2013, No. 92 (Adj. Sess.), § 228, eff. Feb. 14, 2014.)
2023 Vermont Statutes › Title 16 - Education › Chapter 129 - School Property › § 3823. The Austine School; financing

§ 3823. The Austine School; financing
(a) Notwithstanding any provision of law to the contrary, the Vermont Center for the Deaf and Hard of Hearing, which owns and operates the Austine School for the Deaf, and its successors in interest are authorized to mortgage, pledge as collateral, sell, transfer, or otherwise convey any real property associated with the Austine School for the Deaf without consent of the General Assembly.
(b) All State capital appropriations made to or for the benefit of the Austine School for the Deaf prior to or subsequent to June 11, 2003 shall create a first priority lien in favor of the State, unless expressly waived by the General Assembly, provided that this first priority lien shall be subordinate, in an amount not to exceed $3,000,000.00, to the interest of any lender to whom the Vermont Center for the Deaf and Hard of Hearing has pledged its real property as collateral pursuant to subsection (a) of this section.
(c) If the Vermont Center for the Deaf and Hard of Hearing sells any or all of its real property, then, subject to the subordination provisions of subsection (b) of this section, all State capital appropriations made to or for the benefit of the Austine School shall be repaid to the State, without interest, from any remaining proceeds of the sale. (Added 1993, No. 233 (Adj. Sess.), § 50, eff. June 21, 1994; amended 2003, No. 63, § 42, eff. June 11, 2003.)
2023 Vermont Statutes › Title 16 - Education › Chapter 129 - School Property › § 3824. The Austine School for the Deaf; selection of president

§ 3824. The Austine School for the Deaf; selection of president
Any president of the Vermont Center for the Deaf and Hard of Hearing selected and hired subsequent to June 11, 2003 shall be selected and hired pursuant to the provisions for employing a superintendent of schools in section 241 of this title. For purposes of this section, the terms “supervisory union,” “supervisory union board,” and “supervisory district board” as used in section 241 shall mean the Board of Trustees of the Vermont Center for the Deaf and Hard of Hearing. (Added 2003, No. 63, § 43, eff. June 11, 2003.)
2023 Vermont Statutes › Title 16 - Education › Chapter 131 - Educational and Health Buildings Financing Agency › § 3852. Vermont Educational and Health Buildings Financing Agency; creation; members

§ 3852. Vermont Educational and Health Buildings Financing Agency; creation; members
(a) A board of 13 members known as the Vermont Educational and Health Buildings Financing Agency is created. It is a body corporate and politic constituting a public instrumentality of the State. The State Treasurer or his or her designee and the Secretaries of Education, of Human Services, and of Administration shall be members ex officio. The Governor, with the advice and consent of the Senate, shall appoint seven members for six-year terms. The members appointed by the Governor shall appoint two additional members whose term of office shall be two years.
(b) The Board shall select its chair and a vice chair, a treasurer, and a secretary. The term of the Chair, Vice Chair, Treasurer, and Secretary shall be one year, and they shall be elected at the first meeting of the Board each fiscal year. All members of the Board, except those ex officio, shall be entitled to reimbursement of their necessary expenses incurred in the performance of their official duties and also to per diem compensation for their services subject to approval of the Governor.
(c) [Repealed.]
(d) Notwithstanding any general or special law to the contrary, the provisions of 8 V.S.A. chapter 73 shall not apply to the Agency or to any loan made by the Agency in accordance with this title before or after February 14, 2014. (Added 1966, No. 56 (Sp. Sess.), § 3, eff. March 12, 1966; amended 1969, No. 224 (Adj. Sess.), § 10, eff. March 31, 1970; 1971, No. 67, § 3, eff. April 15, 1971; 1987, No. 203 (Adj. Sess.), § 21 eff. May 27, 1988; 2011, No. 40, § 53, eff. May 20, 2011; 2013, No. 92 (Adj. Sess.), § 230, eff. Feb. 14, 2014; 2021, No. 20, § 68.)
2023 Vermont Statutes › Title 16 - Education › Chapter 131 - Educational and Health Buildings Financing Agency › § 3855. Trust funds

§ 3855. Trust funds
(a) All monies received under the authority of this chapter, whether as proceeds from the sale of bonds or notes or as revenues, shall be deemed to be trust funds to be held and applied solely as provided in this chapter. Any officer with whom, or any bank or trust company with which, those monies are deposited shall act as trustee of them and shall hold and apply them for the purposes hereof, subject to such regulations as this chapter and the resolution authorizing the bonds or notes of any issue or the trust indenture securing the bonds may provide.
(b) All monies of the Agency derived from State, local, or federal appropriations or the sale of bonds or notes, and all monies constituting reserve funds, shall be paid to the treasurer of the Agency or to the trustee under the trust indenture securing the bonds or designated in the resolution authorizing the bonds, and all such monies shall be held, administered, secured, and applied as provided in such resolution or trust indenture. All deposits of the monies shall, if required by such resolution or trust indenture, be secured by obligations of the United States of America or of the State of Vermont of the market value equal at all times to the amount of the deposit, and all banks and trust companies are authorized to give such security for the deposits.
(c) The Auditor of Accounts of the State of Vermont and his or her legally authorized representatives may at any time examine the accounts and books of the Agency, including its receipts, disbursements, contracts, sinking funds, investments, and any other matters relating to its financial standing. (Added 1966, No 56 (Sp. Sess.), § 6, eff. March 12, 1966; amended 1969, No. 224 (Adj. Sess.), § 4, eff. March 31, 1970.)
2023 Vermont Statutes › Title 16 - Education › Chapter 131 - Educational and Health Buildings Financing Agency › § 3857. Liability of State

§ 3857. Liability of State
The bonds and other obligations of the Agency shall not be a debt of the State of Vermont nor shall the State be liable thereon, nor shall they be payable out of any funds other than those of the Agency. (Added 1966, No. 56 (Sp. Sess.), § 8, eff. March 12, 1966.)
2023 Vermont Statutes › Title 16 - Education › Chapter 131 - Educational and Health Buildings Financing Agency › § 3858. Legal investment

§ 3858. Legal investment
The bonds and notes are hereby made securities in which all public officers and bodies of this State and all municipalities and municipal subdivisions, all insurance companies and associations, all savings banks and savings institutions, including savings and loan associations, administrators, guardians, executors, trustees, committees, and other fiduciaries, in the State may properly and legally invest funds in their control. (Added 1966, No. 56 (Sp. Sess.), § 9, eff. March 12, 1966; amended 1969, No. 224 (Adj. Sess.), § 6, eff. March 31, 1970.)
2023 Vermont Statutes › Title 16 - Education › Chapter 131 - Educational and Health Buildings Financing Agency › § 3859. Exemptions from taxation

§ 3859. Exemptions from taxation
(a) The creation of the Agency and the carrying out of its corporate purposes is in all respects for the benefit of the people of the State of Vermont and for the improvement of their education, health, welfare, and prosperity, and is a public purpose. The Agency will be performing an essential governmental function in the exercise of the powers conferred upon it by this chapter. The State of Vermont covenants with the holders of the bonds and notes that the Agency shall be required to pay no taxes or assessments upon any of the property acquired by it or under its jurisdiction, control, possession, or supervision, or upon its activities in the operation and maintenance of facilities, or upon any monies, revenues, or other income received by the Agency; and that the bonds and notes of the Agency and the income from them shall at all times be exempt from taxation, except for transfer and estate taxes.
(b) The State of Vermont does pledge to and agree with the holders of the bonds that the State will not limit or alter the rights hereby vested in the Agency to acquire, mortgage, construct, reconstruct, and equip the facilities; to maintain, reconstruct, improve, and operate the facilities; to establish and collect such rates, rental, fees, and other charges as may be convenient or necessary to produce sufficient revenue to meet the expense of maintenance and operation; and to fulfill the terms of any agreements made with the holders of the bonds or in any way impair the rights and remedies of the bondholders, until the bonds, together with interest, thereon, with interest on any unpaid installment of interest, and all costs and expenses incurred by the Agency in connection with the facilities or in connection with any action or proceedings by or on behalf of the bondholders, are fully met and discharged. (Added 1966, No. 56 (Sp. Sess.), § 10, eff. March 12, 1966; amended 1969, No. 224 (Adj. Sess.), § 7, eff. March 31, 1970; 1971, No. 67, § 4, eff. April 15, 1971; 2013, No. 92 (Adj. Sess.), § 231, eff. Feb. 14, 2014.)
2023 Vermont Statutes › Title 16 - Education › Chapter 131 - Educational and Health Buildings Financing Agency › § 3861. Compensation of members and employees of Agency

§ 3861. Compensation of members and employees of Agency
No officer, member, or employee of the Agency may receive, or be lawfully entitled to receive, any pecuniary profit from the operation of the Agency except reasonable compensation for services in effecting one or more of its purposes set forth under law. (Added 1966, No. 56 (Sp. Sess.), § 12, eff. March 12, 1966; amended 2019, No. 131 (Adj. Sess.), § 119.)
2023 Vermont Statutes › Title 16 - Education › Chapter 131 - Educational and Health Buildings Financing Agency › § 3862. Reports

§ 3862. Reports
The Vermont Education and Health Buildings Finance Agency shall prepare and annually submit to the Governor a complete report listing all projects applied for, planned, in progress, and completed and a complete financial report duly audited and certified by a certified public accountant. (Added 1966, No. 56 (Sp. Sess.), § 14, eff. March 12, 1966; amended 2003, No. 122 (Adj. Sess.), § 294j; 2013, No. 92 (Adj. Sess.), § 232, eff. Feb. 14, 2014; 2015, No. 131 (Adj. Sess.), § 26.)
2023 Vermont Statutes › Title 16 - Education › Chapter 133 - State Funding of Public Education › § 4000. Statement of policy

§ 4000. Statement of policy
(a) The intent of this chapter is to make educational opportunity available to each student in each town on substantially equal terms, in accordance with the Vermont Constitution and the Vermont Supreme Court decision of February 5, 1997, Brigham v. State of Vermont.
(b) [Repealed.] (Added 1997, No. 60, § 18, eff. July 1, 1998; amended 2003, No. 68, § 25.)
2023 Vermont Statutes › Title 16 - Education › Chapter 133 - State Funding of Public Education › § 4002. Payment; allocation

§ 4002. Payment; allocation
(a) State and federal funds appropriated for services delivered by the supervisory union and payable through the Agency shall be paid to the order of the supervisory union and administered in accordance with the plan adopted under subdivision 261a(4) of this title. Funding for special education services under section 2969 of this title shall be paid to the supervisory unions in accordance with that section.
(b) The Secretary shall notify the superintendent or chief executive officer of each supervisory union in writing of federal or State funds disbursed to member school districts. (Added 1997, No. 60, § 18, eff. July 1, 1998; amended 2013, No. 92 (Adj. Sess.), § 234, eff. Feb. 14, 2014; 2015, No. 148 (Adj. Sess.), § 2, eff. July 1, 2017; 2017, No. 173 (Adj. Sess.), § 8, eff. May 25, 2018.)
2023 Vermont Statutes › Title 16 - Education › Chapter 133 - State Funding of Public Education › § 4003. Conditions

§ 4003. Conditions
(a) No school district shall receive any aid under this chapter unless that school district complies with the provisions of law relative to teachers’ salaries, appointment of superintendents, detailed financial reports to the Agency, and any other requirements of law.
(b) Aid to any district shall not be denied unless the district unreasonably refuses to comply with the requirements of law. Any school district denied aid by reason of the provisions of this section shall have the right within 60 days from the date of such denial to appeal to the Superior Court in the county where the district is situated. (Added 1997, No. 60, § 18, eff. July 1, 1998; amended 2013, No. 92 (Adj. Sess.), § 235, eff. Feb. 14, 2014.)
2023 Vermont Statutes › Title 16 - Education › Chapter 133 - State Funding of Public Education › § 4012. State-placed students

§ 4012. State-placed students
(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. (Added 1997, No. 60, § 18, eff. July 1, 1998; amended 1997, No. 71 (Adj. Sess.), § 91, eff. March 11, 1998; 2013, No. 92 (Adj. Sess.), § 238, eff. Feb. 14, 2014.)