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2023 Vermont Statutes › Title 16 - Education › Chapter 39 - Vermont Student Apprenticeship Program › § 1604. State Board responsibilities

§ 1604. State Board responsibilities
The State Board of Education shall:
(1) Establish standards of operation for a student apprenticeship program. Standards shall ensure that a program prepares students to meet labor market standards and needs, and that a student shall receive relevant and quality work experience.
(2) Establish standards for entrance into a student apprenticeship program.
(3) Establish a process for termination of a student from a student apprenticeship program.
(4) In collaboration with related business or trade organizations, establish academic and occupation-specific industry competency standards for each occupation-specific student apprenticeship program offered in the State. The standards shall be those to be met in order to earn an industry competency certificate.
(5) Establish guidelines for preparation of worksite mentors.
(6) Certify those who graduate from a student apprenticeship program as meeting industry competency standards for entrance into the trade or profession the student has studied. The State Board shall maintain a record of certificates issued under this subdivision. (Added 1993, No. 155 (Adj. Sess.), § 1, eff. May 17, 1994.)
2023 Vermont Statutes › Title 16 - Education › Chapter 39 - Vermont Student Apprenticeship Program › § 1605. Regional advisory board responsibilities

§ 1605. Regional advisory board responsibilities
Each regional advisory board shall:
(1) Based on standards of operation established by the State Board of Education, approve or disapprove an application from a school board to establish and operate a student apprenticeship program. The Board may rescind approval if the program is not meeting the standards.
(2) Based on standards and processes established by the State Board, determine which applicants shall be accepted into the student apprenticeship programs in its region and determine whether a student should be terminated from a program. Decisions regarding acceptance into a program shall, in part, be based on submission of an acceptable career preparation plan developed by the applicant with the help of a guidance counselor. Decisions regarding termination shall be made with the advice of the student apprenticeship coordinator.
(3) Approve or disapprove proposed worksites and worksite mentors for student apprenticeship programs in its region.
(4) At least quarterly, request information about each student from each student apprenticeship coordinator. The coordinator shall provide information concerning student performance, basic and advanced skill attainment, suitability of the worksite, and worksite mentor effectiveness.
(5) At least annually, request program information from each student apprenticeship coordinator that will enable the Board to judge the overall effectiveness of each student apprenticeship program in its region. The coordinator shall provide information concerning program participation, program completion by students, business and industry participation, quality of instruction, success at combining classroom and worksite instruction, career placement, and employer satisfaction. (Added 1993, No. 155 (Adj. Sess.), § 1, eff. May 17, 1994.)
2023 Vermont Statutes › Title 16 - Education › Chapter 51 - Professional Educators › § 1691. Purpose

§ 1691. Purpose
The purpose of this chapter is to establish a board of professional educators to oversee the training, licensing, and professional standards of teachers and administrators and to establish hearing panels to determine compliance with those standards to help ensure high caliber professionals and high quality public educational programs for Vermont students. (Added 2005, No. 214 (Adj. Sess.), § 2, eff. July 1, 2007.)
2023 Vermont Statutes › Title 16 - Education › Chapter 51 - Professional Educators › § 1691a. Definitions

§ 1691a. Definitions
As used in this chapter:
(1) “Administrator” means an individual licensed under this chapter the majority of whose employed time in a public school, school district, or supervisory union is assigned to developing and managing school curriculum, evaluating and disciplining personnel, or supervising and managing a public school system or public school program.
(2) “Applicant” means an individual applying for a license.
(3) “Educator” means any teacher or administrator requiring a license under this chapter.
(4) “Endorsement” means the grade level and field in which an educator is authorized to serve. A license shall bear one or more endorsements.
(5) “Hearing panel” means the persons assigned in individual cases to find facts, reach conclusions of law, and make decisions regarding compliance with standards for obtaining, retaining, and renewing licenses.
(6) “License” means a license to engage in teaching or school administration, as the context requires, in the State and includes, unless the context requires otherwise, the endorsements the licensee has applied for or possesses. “Licensee” means an individual licensed under this chapter.
(7) “Licensing action” means action that suspends, revokes, limits, or conditions licensure or certification in any way and includes warnings, reprimands, probation, and administrative penalties.
(8) “Office” means the office within the Agency responsible for professional standards and educator licensing.
(9) “Standards Board” means the Vermont Standards Board for Professional Educators established under section 1693 of this title.
(10) “Teacher” means an individual licensed under this chapter the majority of whose employed time in a public school district or supervisory union is assigned to furnish to students direct instructional or other educational services, as defined by rule of the Standards Board, or who is otherwise subject to licensing as determined by the Standards Board. (Added 2005, No. 214 (Adj. Sess.), § 2, eff. July 1, 2007; amended 2013, No. 92 (Adj. Sess.), § 160, eff. Feb. 14, 2014.)
2023 Vermont Statutes › Title 16 - Education › Chapter 51 - Professional Educators › § 1692. Requirement as to license

§ 1692. Requirement as to license
Except for a substitute teacher in accordance with rules adopted by the Standards Board, a person shall not be employed as a teacher or administrator in a public school without having a license then in force. (Amended 1989, No. 118, § 3; 2005, No. 214 (Adj. Sess.), § 2, eff. July 1, 2007.)
2023 Vermont Statutes › Title 16 - Education › Chapter 51 - Professional Educators › § 1695. Review of licensing standards

§ 1695. Review of licensing standards
Prior to the prefiling by the Standards Board of a licensing standard or procedure proposed for rulemaking pursuant to 3 V.S.A. § 820, the Secretary may object to it before the State Board on the grounds that it would have significant adverse financial or operational impact on the public school system. If the State Board agrees, it may remand the proposed rule to the Standards Board for further deliberations consistent with its written decision. The Secretary may also object on the same grounds to a substantive change to a proposed rule, once initiated, before a final proposal is filed pursuant to 3 V.S.A. § 841. (Amended 1989, No. 118, § 3; 2005, No. 214 (Adj. Sess.), § 2, eff. July 1, 2007; 2013, No. 92 (Adj. Sess.), § 162, eff. Feb. 14, 2014.)
2023 Vermont Statutes › Title 16 - Education › Chapter 51 - Professional Educators › § 1695a. Pre-application criminal background determination; uniform process for foreign credential verification

§ 1695a. Pre-application criminal background determination; uniform process for foreign credential verification
(a) Pre-application criminal background determination. An individual may request a pre-application determination of the individual’s criminal background. The pre-application determination shall adhere to the process set forth in section 254 of this title. Results of a pre-application determination shall not be binding on the Secretary in a future application.
(1) The individual’s request for a pre-application determination shall include documentation related to criminal conviction or substantiation, evidence of rehabilitation or mitigation, and identification of which license and any endorsement the individual will seek.
(2) The individual shall submit this request on a form provided by the Secretary, accompanied by the pre-application criminal background determination fee set forth in section 1697 of this chapter. If the individual thereafter applies for licensure, this pre-application fee shall be deducted from that license application fee.
(3) The Secretary shall:
(A) process a request within 30 days of receiving a complete request;
(B) assess the nature of any underlying convictions and substantiations, the nexus to the license and endorsement sought, and the provided evidence of rehabilitation or mitigation; and
(C) respond to the individual’s request in writing, stating whether the individual may seek licensure.
(b) Uniform process for foreign credential verification.
(1) The Standards Board shall adopt rules in consultation with the Secretary that prescribe a process for the Secretary to assess the equivalence of an applicant’s professional credentials earned outside the United States as compared to State licensing requirements for professional educators.
(2) Any determination of equivalence by the Secretary under this subsection (b) shall be in consultation with the Standards Board, recorded in the applicant’s licensing file, and binding upon the Secretary.
(3) In administering this subsection, the Secretary may rely upon third-party credential verification services. The cost of such services shall be paid by the applicant.
(4) The provisions relating to preliminary license denials set forth in subsection 1704(a) of this chapter shall apply to a license application that is preliminarily denied for nonequivalence under this subsection. (Added 2019, No. 152 (Adj. Sess.), § 8, eff. April 1, 2021.)
2023 Vermont Statutes › Title 16 - Education › Chapter 51 - Professional Educators › § 1696. Licensing

§ 1696. Licensing
(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. (Added 2005, No. 214 (Adj. Sess.), § 2, eff. July 1, 2007; amended 2013, No. 92 (Adj. Sess.), § 163, eff. Feb. 14, 2014; 2019, No. 152 (Adj. Sess.), § 9, eff. April 1, 2021.)
2023 Vermont Statutes › Title 16 - Education › Chapter 51 - Professional Educators › § 1697. Fees

§ 1697. Fees
(a) Each individual applicant and licensee shall be subject to the following fees:
(1) Processing of application $50.00 per application
(2) Issuance of Level I license $50.00 per year
for the term
of the license
(3) Issuance of Level II license $50.00 per year
for the term
of the renewal
(4) Official copy of licenses $10.00
(5) [Repealed.]
(6) Issuance of provisional, emergency, $50.00 per year
or apprenticeship license for the term of the license
(7) Peer review process $1,200.00 one-time fee
(8) Pre-application criminal background $25.00
determination
(b) Pursuant to qualifications and procedures determined by the Secretary, the Agency shall, upon request, waive application fees to qualified military members and military spouses.
(c) Fees collected under this section shall be credited to special funds established and managed pursuant to 32 V.S.A. chapter 7, subchapter 5, and shall be available to the Agency to offset the costs of providing those services. (Added 1971, No. 104, § 2; amended 1989, No. 118, § 1; 1997, No. 59, § 26, eff. June 30, 1997; 2001, No. 65, § 12; 2005, No. 202 (Adj. Sess.), § 6; 2005, No. 214 (Adj. Sess.), § 2, eff. July 1, 2007; 2015, No. 57, § 6; 2019, No. 152 (Adj. Sess.), § 10, eff. April 1, 2021.)
2023 Vermont Statutes › Title 16 - Education › Chapter 51 - Professional Educators › § 1698. Causes for licensing action

§ 1698. Causes for licensing action
Any one of the following, or any combination of the following, constitutes potential cause for licensing action whether occurring within or outside the State:
(1) Unprofessional conduct, which means:
(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. (Added 2005, No. 214 (Adj. Sess.), § 2, eff. July 1, 2007.)
2023 Vermont Statutes › Title 16 - Education › Chapter 51 - Professional Educators › § 1699. Reports of alleged unprofessional conduct or incompetence

§ 1699. Reports of alleged unprofessional conduct or incompetence
(a) An individual who has reasonable cause to believe a licensee has engaged in unprofessional conduct or is incompetent may, and a superintendent who has reasonable cause to believe a licensee has engaged in unprofessional conduct or is incompetent shall, submit a written report to the Secretary concerning allegations of unprofessional conduct or incompetence about a licensee. A principal submitting a report under this section shall submit it to the superintendent and may also submit it to the Secretary.
(b) Except as provided in section 1708 of this title, information provided the licensing office under this section shall be confidential.
(c) A person who acts in good faith under the provisions of this section shall not be liable for damages in any civil action. (Added 2005, No. 214 (Adj. Sess.), § 2, eff. July 1, 2007; amended 2013, No. 92 (Adj. Sess.), § 164, eff. Feb. 14, 2014.)
2023 Vermont Statutes › Title 16 - Education › Chapter 51 - Professional Educators › § 1700. Investigation

§ 1700. Investigation
(a) Investigation committee. Upon receiving notice of either an applicant’s appeal of a licensing office decision or an allegation of unprofessional conduct or incompetence on the part of a licensee, the hearing panel administrative officer shall assign one or more of its licensee members to serve on an investigation committee with an investigator and prosecuting attorney assigned by the Secretary of Education to investigate the licensing decision or allegation and make recommendations to the Secretary in accordance with subsections (b) and (d) of this section. Teacher members shall be assigned to assist in the investigation of matters involving teachers and administrator members in matters involving administrators. Members shall not serve on a hearing panel regarding any matter they assisted in investigating. If the administrative officer is unable to assign one or more members to the investigation committee by reason of disqualification, resignation, vacancy, or necessary absence, the officer shall appoint ad hoc members who shall meet the requirements of subsection 1693(b) of this title.
(b) Preliminary review. After conducting a preliminary review of an allegation of unprofessional conduct or incompetence or of a denial of a license based on alleged unprofessional conduct or incompetence, the investigation committee shall make a recommendation to the Secretary regarding whether to conduct a formal investigation.
(c) Formal investigation. If the Secretary decides to conduct a formal investigation, the Secretary shall:
(1) notify the educator and direct the investigation committee to proceed with a formal investigation; and
(2) notify the superintendent of the school district in which the educator may be employed, or if the educator is currently employed as a superintendent, the chair of the board of the supervisory union or supervisory district that employs the superintendent, that the office has commenced a formal investigation of an allegation of unprofessional conduct or incompetence and shall specify the provisions of section 1698 of this title that best describe the allegation.
(d) Recommendation. Upon completing its investigation, the investigation committee shall recommend that the Secretary, with respect to a license application, affirm, or reverse a licensing office decision or, with respect to alleged unprofessional conduct or incompetence, issue, or not issue formal charges.
(e) Professional guidance. In its recommendation as to whether the Secretary should issue formal charges and, if so, what form they should take, the committee may consider the effect it believes its professional guidance may have in mitigating the need for and nature of licensing action. (Added 2005, No. 214 (Adj. Sess.), § 2, eff. July 1, 2007; amended 2013, No. 92 (Adj. Sess.), § 165, eff. Feb. 14, 2014.)
2023 Vermont Statutes › Title 16 - Education › Chapter 51 - Professional Educators › § 1701. Secretary’s determination

§ 1701. Secretary’s determination
(a) Matters involving denial of licensure. With respect to an applicant’s appeal, the Secretary shall, within 10 days of receiving the committee’s recommendation, affirm or reverse the licensing decision and notify the applicant in writing. If the Secretary reverses the decision, the office shall issue a license accordingly. If the Secretary affirms the decision, the applicant may appeal by notifying the Secretary in writing within 10 days of receiving the Secretary’s decision. The Secretary shall notify the hearing panel administrative officer of the appeal.
(b) Matters involving alleged unprofessional conduct or incompetence. With respect to a licensee alleged either incompetent or to have engaged in unprofessional conduct, the Secretary shall, within 10 days of receiving the investigation committee’s recommendation, determine whether to issue a formal charge and what, if any, licensing action should be imposed. If the Secretary determines no formal charge is warranted, the Secretary shall notify in writing the licensee and, if the licensee is employed, the superintendent of the school district of employment. If the Secretary determines a formal charge is warranted, the Secretary shall prepare a formal charge, file it with the hearing panel administrative officer, and cause a copy to be served upon the licensee charged together with a notice of hearing and procedural rights, as provided in this chapter. The Secretary shall provide a copy of the formal charge to the superintendent of the school district, if any, in which the licensee is employed, or if the licensee is employed as a superintendent, to the chair of the supervisory union that employs the superintendent, provided the superintendent or board chair agrees to maintain the confidentiality and privileged status of the information as provided in subsection 1708(d) of this title. If the Secretary finds that public health, safety, or welfare imperatively requires emergency action and incorporates a finding to that effect in the formal charge, the hearing panel may order summary suspension of a license pending proceedings for revocation or other action. These proceedings shall be promptly instituted and determined. (Added 2005, No. 214 (Adj. Sess.), § 2, eff. July 1, 2007; amended 2013, No. 92 (Adj. Sess.), § 166, eff. Feb. 14, 2014.)
2023 Vermont Statutes › Title 16 - Education › Chapter 51 - Professional Educators › § 1702. Hearing panels

§ 1702. Hearing panels
(a) Appointment. The Governor shall appoint seven teachers, four administrators, and three members of the public to serve on hearing panels for terms of three years beginning on July 1 of the year of appointment. No person shall be eligible for more than one sequential reappointment. The Governor shall ensure appointments are consistent with the requirements found in subdivisions 1693(b)(1)-(3) of this title. By appointment, the Governor shall fill any vacancy for the remainder of its term. Panel members shall be considered appointive officers for the purposes of 3 V.S.A. chapter 29 and shall be compensated in accordance with 32 V.S.A. § 1010.
(b) Administration. The hearing panels shall be attached for administrative purposes to the office. Annually, the panel members shall meet collectively to:
(1) elect an administrative officer for the purpose of assigning hearing panels in licensing matters;
(2) approve a pool, based upon the Secretary’s recommendation, of impartial hearing officers who shall be attorneys admitted to practice in this State; and
(3) plan professional development activities.
(c) Powers and duties of hearing panels. Hearing panels shall have the authority to determine compliance by applicants, licensees, and the office with Standards Board standards according to which individuals may obtain, renew, and retain a license. Upon notification that the applicant has appealed under subsection 1701(a) of this title or that the Secretary has issued a formal charge under subsection 1701(b) of this title, the administrative officer shall appoint a hearing officer and a panel, as well as a chair for the panel. Panels hearing appeals of teachers shall comprise two teacher members and one public member. Panels hearing appeals of administrators shall comprise two administrator members and one public member. In the conduct of proceedings, the hearing officer, or the panel if it takes additional evidence under subsection 1706(a) of this title, may:
(1) issue subpoenas to compel the attendance of witnesses and the furnishing of evidentiary material in connection with a hearing;
(2) authorize depositions to be taken as needed in any investigation, hearing, or proceeding;
(3) conduct administrative hearings in accordance with this section, section 1705 of this title, and 3 V.S.A. chapter 25 regarding appeals of licensing decisions and charges of unprofessional conduct or incompetence;
(4) in the case of the hearing officer, recommend and, in the case of a hearing panel, make decisions regarding appeals of licensing decisions and formal charges; and
(5) undertake any other actions and procedures specified in or required or appropriate to carry out the provisions of this chapter. (Added 2005, No. 214 (Adj. Sess.), § 2, eff. July 1, 2007; amended 2013, No. 92 (Adj. Sess.), § 167, eff. Feb. 14, 2014.)
2023 Vermont Statutes › Title 16 - Education › Chapter 51 - Professional Educators › § 1703. Time and notice of hearing

§ 1703. Time and notice of hearing
The chair of the panel shall fix the time of hearing, which shall be between 30 and 60 days after, as applicable, filing of the license application appeal or service of the charge on the licensee. The chair shall provide the applicant or licensee notice of the hearing, in it stating the following: the time and place of the hearing; the right of the applicant or licensee charged to file with the chair a written response within 20 days of the date of service; the fact that a record of the proceeding will be kept; the rights of the applicant or licensee charged at the hearing to appear personally, to be represented by counsel, to produce witnesses and evidence, to cross-examine witnesses, and to examine such documentary evidence as may be produced; and, in the case of formal charges against the licensee, the range of licensing actions to which the licensee charged may be subject if the formal charges are substantiated. (Added 2005, No. 214 (Adj. Sess.), § 2, eff. July 1, 2007.)
2023 Vermont Statutes › Title 16 - Education › Chapter 51 - Professional Educators › § 1704. Burden of proof

§ 1704. Burden of proof
(a) Denial of licensure. Except as provided in subsection (b) of this section, the burden of proof in matters involving the denial of an initial license or the addition of an endorsement to a license once issued shall be on the applicant by a preponderance of the evidence.
(b) Alleged unprofessional conduct or incompetence. The burden of proof in matters involving alleged unprofessional conduct or incompetence, including denial of a license based on alleged unprofessional conduct or incompetence, shall be on the Secretary by a preponderance of the evidence, except that in the case of revocation or suspension for more than one year, the proof shall be by clear and convincing evidence. (Added 2005, No. 214 (Adj. Sess.), § 2, eff. July 1, 2007; amended 2013, No. 92 (Adj. Sess.), § 168, eff. Feb. 14, 2014.)
2023 Vermont Statutes › Title 16 - Education › Chapter 51 - Professional Educators › § 1705. Hearing officer recommendation

§ 1705. Hearing officer recommendation
The hearing officer shall conduct the hearing for the purpose of issuing recommended findings of fact, conclusions of law, and a proposed decision to the hearing panel. The hearing officer may administer oaths and otherwise exercise the powers of a judicial officer regarding the conduct of a fair and impartial hearing. Within 30 days of the hearing, the hearing officer shall recommend to the hearing panel findings of fact, conclusions of law, and a decision and by certified mail provide a copy to the applicant or licensee. (Added 2005, No. 214 (Adj. Sess.), § 2, eff. July 1, 2007.)
2023 Vermont Statutes › Title 16 - Education › Chapter 51 - Professional Educators › § 1706. Decision and order

§ 1706. Decision and order
(a) Hearing panel decision. The hearing panel may take additional evidence and may accept, reject, or modify the recommendations of the hearing officer and shall issue findings of fact, conclusions of law, and an order within 30 days of receiving the recommendations, unless the hearing panel grants an extension for good cause. The hearing panel shall provide a copy of the decision to the Secretary and, by certified mail, the applicant or licensee charged. If formal charges are not substantiated, the hearing panel shall include in its order a statement that the charges were not substantiated by the evidence, and it shall dismiss the charges.
(b) Charges substantiated. If formal charges are substantiated, the hearing panel, in its order, may: take no action; issue a warning; issue a private reprimand; issue a public reprimand; or condition, limit, suspend, or revoke the license to practice. An administrative penalty not to exceed $1,000.00 may be imposed by itself or in connection with the issuance of a warning or of a private or public reprimand. (Added 2005, No. 214 (Adj. Sess.), § 2, eff. July 1, 2007; amended 2013, No. 92 (Adj. Sess.), § 169, eff. Feb. 14, 2014.)
2023 Vermont Statutes › Title 16 - Education › Chapter 51 - Professional Educators › § 1707. Appeal from panel order

§ 1707. Appeal from panel order
(a)(1) A party aggrieved by a final decision of a hearing panel may, within 30 days after the decision, appeal that decision by filing a notice of appeal with the administrative officer of the hearing panel, who shall refer the case to the Director of the Office of Professional Regulation. The parties may agree to waive this review by written stipulation filed with the administrative officer of the hearing panel. The Director of the Office of Professional Regulation shall assign the case to an appellate officer, who shall conduct a review on the basis of the record created before the hearing panel and shall allow the presentation of evidence regarding alleged irregularities in hearing procedure not shown in the record.
(2) The appellate officer shall not substitute the appellate officer’s judgment for that of the hearing panel as to the weight of the evidence on questions of fact. The appellate officer may affirm the decision or may reverse and remand the matter with recommendations if substantial rights of the appellant have been prejudiced because the hearing panel’s finding, inferences, conclusions, or decisions are:
(A) in violation of constitutional or statutory provisions;
(B) in excess of the statutory authority of the hearing panel;
(C) made upon unlawful procedure;
(D) affected by other error of law;
(E) clearly erroneous in view of the evidence on the record as a whole;
(F) arbitrary or capricious; or
(G) characterized by abuse of discretion or clearly unwarranted exercise of discretion.
(b) Following appeal or waiver of appeal, a party may appeal to the Supreme Court, which shall review the matter on the basis of the records created before the hearing panel and the appellate officer. (Added 2005, No. 214 (Adj. Sess.), § 2, eff. July 1, 2007; amended 2021, No. 69, § 13; 2021, No. 105 (Adj. Sess.), § 345, eff. July 1, 2022.)
2023 Vermont Statutes › Title 16 - Education › Chapter 53 - Contract, Compensation, and Sick Leave › § 1751. Contract

§ 1751. Contract
A contract between a board of school directors and a teacher shall not be valid unless the same is in writing, or partly written and partly printed, in triplicate, and signed by the teacher and by a majority of the board or by a member of the board or other person who has been duly authorized by a majority vote of the board at a regular meeting to sign the contract in question on behalf of the board. One copy thereof shall be filed with the board, one copy delivered to the teacher, and one copy delivered to the superintendent. Such contract shall specify the date when the teacher shall begin service, the time, grade, and date of expiration of the license held by the teacher, the salary of the teacher and such other matters as may be necessary for a complete understanding between the parties. (Amended 1989, No. 118, § 3.)
2023 Vermont Statutes › Title 16 - Education › Chapter 53 - Contract, Compensation, and Sick Leave › § 1753. Time not spent in teaching counted in determining compensation

§ 1753. Time not spent in teaching counted in determining compensation
The time not exceeding five days during any one year, actually spent by a teacher in attendance upon a meeting of the State education associations, or upon educational meetings held under the authority of the Board of Education, and the time actually spent by a teacher in visiting schools when so directed by the superintendent, shall, in determining the compensation of the teacher, be counted the same as if spent in teaching. (Amended 1977, No. 33, § 5.)
2023 Vermont Statutes › Title 16 - Education › Chapter 53 - Contract, Compensation, and Sick Leave › § 1755. Sick leave

§ 1755. Sick leave
(a) A full time teacher under contract to teach the regular school year in a public school shall be allowed a minimum of 10 days’ sick leave with full pay during each school year. Sick leave not used shall be cumulative at least to 20 days, so long as the teacher is employed in the same school district.
(b) The word “days” shall mean school days.
(c) The use of sick leave as provided in this section shall be subject to the rules and regulations of the directors of each school district. (Added 1957, No. 173, §§ 1-3; amended 2019, No. 131 (Adj. Sess.), § 81.)
2023 Vermont Statutes › Title 16 - Education › Chapter 53 - Contract, Compensation, and Sick Leave › § 1756. Protection of teachers, employees, and board members in damage suits

§ 1756. Protection of teachers, employees, and board members in damage suits
(a) A town, city, incorporated, or union school district and a supervisory union shall indemnify and save harmless to the extent of the policy limits provided in subsection (b) of this section any person employed by the school district or supervisory union and any member of its executive, supervisory, or administrative staff, including members of the school board, from financial loss and expense, including reasonable legal fees and costs, if any, arising out of any claim, demand, suit, or judgment by reason of alleged negligence or other act resulting in accidental injury to a person or accidental damage to or destruction of property, within or outside the school building, provided that the indemnified person at the time of the accident resulting in such injury, damage, or destruction was acting in the discharge of his or her duties within the scope of his or her employment or under the direction of the board of the school district or of the supervisory union.
(b) Each board of a school district or a supervisory union shall insure against the liability imposed upon it by this section in any insurance company organized in this State or in any insurance company of another state authorized by law to write insurance in this State, or through participation in an intermunicipal insurance agreement established under 24 V.S.A. chapter 121, subchapter 6, with minimum coverage in the form of a comprehensive general liability policy including liability for the operation of owned and nonowned motor vehicles and including the employees as additional insureds and with minimum limits of not less than $500,000.00 per person and $2 million per occurrence for bodily injury and for property damage.
(c) Each board of a school district or a supervisory union required to insure against the liability imposed upon it by this section shall furnish proof of insurance with the minimum limits prescribed by this section to the Secretary of Education, which shall be evidence of the insuring against the liability and property damage required by this section. In the event of cancellation, the board shall provide at least 30 days’ prior notice of cancellation to the Secretary. (Added 1969, No. 123; amended 1975, No. 48, § 13, eff. April 15, 1975; 1975, No. 100, § 1; 2003, No. 36, § 12; 2003, No. 107 (Adj. Sess.), § 10, eff. Jan. 1, 2005; 2005, No. 182 (Adj. Sess.), § 5; 2013, No. 92 (Adj. Sess.), § 171, eff. Feb. 14, 2014.)
2023 Vermont Statutes › Title 16 - Education › Chapter 53 - Contract, Compensation, and Sick Leave › § 1801. Definitions

§ 1801. Definitions
As used in this subchapter:
(1) “New District” means a district created by the realignment or merger of two or more current districts into a new supervisory district, union school district, or any other form of merged or realigned district authorized by law, including by chapter 11, subchapter 1, of this title, regardless of whether one or more of the districts creating the New District (a Realigning District) is a town school district, a city school district, an incorporated school district, a union school district, a unified union school district, or a supervisory district.
(2) “New SU” means a supervisory union created from the merger or realignment of two or more current supervisory unions or of all or some of the districts in one or more current supervisory unions (a Realigning SU). “New SU” also means a supervisory union created by the State Board’s adjustment of the borders of one or more current supervisory unions or parts of supervisory unions pursuant to section 261 of this title or otherwise, regardless of whether the New SU is known by the name of one of the current supervisory unions or the adjustment is otherwise structured or considered to be one in which one current supervisory union (the Absorbing SU) is absorbing one or more other supervisory unions or parts of supervisory unions into the Absorbing SU.
(3) “Employees of a Realigning Entity” means the licensed and nonlicensed employees of a Realigning District or Realigning SU, or both, that create the New District or New SU, and includes employees of an Absorbing SU and employees of a Realigning SU whose functions will be performed by employees of a New District that is a supervisory district.
(4) “System” shall mean the Vermont Municipal Employees’ Retirement System created pursuant to 24 V.S.A. chapter 125.
(5) “Transitional Board” means the board created prior to the first day of a New District’s or a New SU’s existence in order to transition to the new structure by negotiating and entering into contracts, preparing an initial proposed budget, adopting policies, and otherwise planning for implementation of the New District or New SU, and includes the board of an Absorbing District to which members from the other Realigning SU or SUs have been added in order to perform transitional responsibilities. (Added 2015, No. 46, § 43, eff. June 2, 2015.)
2023 Vermont Statutes › Title 16 - Education › Chapter 53 - Contract, Compensation, and Sick Leave › § 1802. Transition of employees to newly created employer

§ 1802. Transition of employees to newly created employer
(a) Prior to the first day of a New District’s or a new SU’s existence, upon creation of the Transitional Board, the Board shall:
(1) appoint a negotiations council for the New District or New SU for the purpose of negotiating with future employees’ representatives; and
(2) recognize the representatives of the Employees of the Realigning Districts or Realigning SUs as the recognized representatives of the employees of the New District or New SU.
(b) Negotiations shall commence within 90 days after formation of the Transitional Board and shall be conducted pursuant to the provisions of chapter 57 of this title for teachers and administrators and pursuant to 21 V.S.A. chapter 22 for other employees.
(c) An Employee of a Realigning District or Realigning SU who was not a probationary employee shall not be considered a probationary employee of the New District or New SU.
(d) If a new agreement is not ratified by both parties prior to the first day of the New District’s or New SU’s existence, then:
(1) the parties shall comply with the existing agreements in place for Employees of the Realigning Districts or the Realigning SUs until a new agreement is reached;
(2) the parties shall adhere to the provisions of an agreement among the Employees of the Realigning Districts or the Realigning SUs, as represented by their respective recognized representatives, regarding how provisions under the existing contracts regarding issues of seniority, reduction in force, layoff, and recall will be reconciled during the period prior to ratification of a new agreement; and
(3) a new employee beginning employment after the first day of the New District’s or New SU’s existence shall be covered by the agreement in effect that applies to the largest bargaining unit for Employees of the Realigning Districts in the New District or for Employees of the Realigning SU in the New SU.
(e) On the first day of its existence, the New District or New SU shall assume the obligations of existing individual employment contracts, including accrued leaves and associated benefits, with the Employees of the Realigning Districts. (Added 2015, No. 46, § 43, eff. June 2, 2015.)
2023 Vermont Statutes › Title 16 - Education › Chapter 53 - Contract, Compensation, and Sick Leave › § 1803. Vermont Municipal Employees’ Retirement System

§ 1803. Vermont Municipal Employees’ Retirement System
(a) A New District or New SU, on the first day of its existence, shall assume the responsibilities of any one or more of the Realigning Districts or Realigning SUs that have been participants in the System; provided, however, that this subsection shall not be construed to extend benefits to an employee who would not otherwise be a member of the System under any other provision of law.
(b) The existing membership and benefits of an Employee of a Realigning District or a Realigning SU shall not be impaired or reduced either by negotiations with the New District or New SU under 21 V.S.A. chapter 22 or otherwise.
(c) In addition to general responsibility for the operation of the System pursuant to 24 V.S.A. § 5062(a), the responsibility for implementation of all sections of this subchapter relating to the System is vested in the Retirement Board. (Added 2015, No. 46, § 43, eff. June 2, 2015.)
2023 Vermont Statutes › Title 16 - Education › Chapter 55 - State Teachers' Retirement System of Vermont › § 1932. Date of establishment; power and privileges; name

§ 1932. Date of establishment; power and privileges; name
A retirement system is hereby established and placed under the management of the Board of Trustees of the System for the purpose of providing retirement allowances and other benefits under the provisions of this chapter for teachers of the State of Vermont. The System shall begin operation and be established as of July 1, 1947. It shall have the power and privileges of a corporation and shall be known as the “State Teachers’ Retirement System of Vermont,” and by such name all of its business shall be transacted, all of its assets invested, and all of its cash and securities and other property held in trust for the purpose for which received. (Amended 2007, No. 13, § 23.)
2023 Vermont Statutes › Title 16 - Education › Chapter 55 - State Teachers' Retirement System of Vermont › § 1933. Members generally

§ 1933. Members generally
(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.] (Amended 1961, No. 163; 1961, No. 223, eff. July 18, 1961; 1963, No. 110, § 5, eff. May 28, 1963; 1965, No. 84, § 1; 1969, No. 62; 1969, No. 215 (Adj. Sess.), § 1; 1971, No. 201 (Adj. Sess.), § 2; 1973, No. 141 (Adj. Sess.), § 1; 1977, No. 53, § 3, eff. April 23, 1977; 1981, No. 41, § 24; 1981, No. 189 (Adj. Sess.), § 1, eff. April 22, 1982; 1989, No. 169 (Adj. Sess.), § 3; 1991, No. 64, § 7; 2013, No. 22, § 11; 2017, No. 165 (Adj. Sess.), § 8; 2019, No. 131 (Adj. Sess.), § 82.)
2023 Vermont Statutes › Title 16 - Education › Chapter 55 - State Teachers' Retirement System of Vermont › § 1935. Teachers in certain public or independent schools

§ 1935. Teachers in certain public or independent schools
(a) The Board of Trustees may designate certain public or independent schools, which are located within the State, and supported wholly or in part by the State but which are not under the control of the State Board of Education, as employers of teachers within the meaning of this chapter.
(b) At any time within 75 days following the date of such designation, any person employed on the date of designation in a teaching capacity by such institution and who is not then a member of the System may become a member of the System by filing with the Board of Trustees, on a form prescribed by the Board, an application to be covered in the membership of the System.
(c)-(f) [Repealed.] (Amended 1963, No. 69; 1991, No. 24, § 11; 2007, No. 13, § 25; 2017, No. 165 (Adj. Sess.), § 9.)