reglab/statecodes huggingface dataset:
2023 Vermont Statutes › Title 16 - Education › Chapter 87 - Grants, Scholarships, and Education Loan Programs › § 2878a. Participation agreements for Investment Plan; Vermont Matched Savings Program

§ 2878a. Participation agreements for Investment Plan; Vermont Matched Savings Program
The Corporation may participate in the Vermont Matched Savings Program established under 33 V.S.A. § 1123, in accordance with the rules of the Agency of Human Services adopted thereunder, in connection with an individual or family who, at the time of contributing funds into an account created pursuant to a Vermont Higher Education Investment Plan, receives public assistance or is otherwise an eligible saver under 33 V.S.A. § 1123. (Added 1999, No. 147 (Adj. Sess.), § 1a; amended 2001, No. 58, § 4, eff. June 16, 2001; 2019, No. 154 (Adj. Sess.), §§ E.323, E.605.4, eff. Oct. 2, 2020.)
2023 Vermont Statutes › Title 16 - Education › Chapter 87 - Grants, Scholarships, and Education Loan Programs › § 2879. Investment and payments

§ 2879. Investment and payments
All money paid by a participant in connection with a participation agreement shall be credited to the participant’s account as received, held by the Corporation in trust for the benefit of the participant, and shall be promptly invested by the Corporation as selected by the participant from the investment options available under the participation agreement. Contributions and earnings accumulated in a participant’s Investment Plan account may be used as provided in the participation agreement, including for payments of qualified postsecondary education costs. The trust shall continue in existence as long as it holds any funds belonging to a participant. (Added 1997, No. 79 (Adj. Sess.), § 1, eff. July 1, 1997; amended 2001, No. 58, § 4, eff. June 16, 2001; 2019, No. 154 (Adj. Sess.), § E.605.4, eff. Oct. 2, 2020.)
2023 Vermont Statutes › Title 16 - Education › Chapter 87 - Grants, Scholarships, and Education Loan Programs › § 2879a. Cancellation of participation agreements

§ 2879a. Cancellation of participation agreements
(a) Any participant may cancel a participation agreement at will, and any return of funds from the participant’s account shall be subject to terms and conditions established by the Corporation, provided that any penalties levied as a result comply with the provisions of the Internal Revenue Code or Title 32 relating to Investment Plans.
(b) The Corporation may provide by rule that no termination penalty shall apply in certain circumstances. (Added 1997, No. 79 (Adj. Sess.), § 1, eff. July 1, 1997; amended 2001, No. 58, § 4, eff. June 16, 2001; 2019, No. 51, § 17, eff. Jan. 1, 2019.)
2023 Vermont Statutes › Title 16 - Education › Chapter 87 - Grants, Scholarships, and Education Loan Programs › § 2879b. Effect of payments in computation and determination of financial aid need

§ 2879b. Effect of payments in computation and determination of financial aid need
Amounts available for the payment of postsecondary education costs pursuant to the Investment Plan shall be considered family assets of the beneficiary in determining need and eligibility for student aid as determined by applicable law. (Added 1997, No. 79 (Adj. Sess.), § 1, eff. July 1, 1997; amended 2001, No. 58, § 4, eff. June 16, 2001.)
2023 Vermont Statutes › Title 16 - Education › Chapter 87 - Grants, Scholarships, and Education Loan Programs › § 2879c. Tax exemption

§ 2879c. Tax exemption
(a) The assets of the Vermont Higher Education Investment Plan held by the Corporation and the assets of any similar plan qualified under Section 529 of the Internal Revenue Code and any income from them shall be exempt from all taxation by the State or any of its political subdivisions. Income earned or received from the Fund by any participant or beneficiary shall not be subject to State income tax and shall be eligible for any benefits provided in accordance with the Investment Plan provisions of the Internal Revenue Code. The exemption from taxation under this section shall apply only to assets and income maintained, accrued, or expended pursuant to the requirements of the Vermont Higher Education Investment Plan, the provisions of this subchapter, and the applicable provisions of the Internal Revenue Code. No exemption shall apply to assets and income expended for any other purposes.
(b) Contributions to an account held under a Vermont Higher Education Investment Plan that is provided directly by the Corporation to a participant shall be eligible for a credit against Vermont income tax as provided under 32 V.S.A. § 5825a. (Added 1997, No. 79 (Adj. Sess.), § 1, eff. Jan. 1, 1999; amended 2001, No. 58, § 4, eff. June 16, 2001; 2003, No. 65, § 1; 2019, No. 131 (Adj. Sess.), § 106; 2019, No. 154 (Adj. Sess.), § E.605.4, eff. Oct. 2, 2020.)
2023 Vermont Statutes › Title 16 - Education › Chapter 87 - Grants, Scholarships, and Education Loan Programs › § 2879d. Property rights to assets in the Plan

§ 2879d. Property rights to assets in the Plan
The assets of the Vermont Higher Education Investment Plan shall at all times be held in trust for the benefit of the participant, shall not be commingled with any other funds of the Corporation or the State, shall be preserved, invested, and expended solely and only for the purposes set forth in this chapter and in accordance with the participation agreements, and no property rights in them shall exist in favor of the Corporation or the State. Amounts held in, or withdrawn from, a participant’s Investment Plan account under a participation agreement shall not be subject to liens, attachment, garnishment, levy, seizure, claim by creditors of the contributors, participants, or any beneficiary, or subject to any involuntary sale, transfer, or assignment by any execution or any other legal or equitable operation of law, including bankruptcy or insolvency laws. (Added 1997, No. 79 (Adj. Sess.), § 1, eff. July 1, 1997; amended 2001, No. 58, § 4, eff. June 16, 2001; 2019, No. 154 (Adj. Sess.), § E.605.4, eff. Oct. 2, 2020.)
2023 Vermont Statutes › Title 16 - Education › Chapter 87 - Grants, Scholarships, and Education Loan Programs › § 2879e. Construction and application

§ 2879e. Construction and application
This subchapter shall be construed liberally in order to effectuate its legislative intent. The purposes of this subchapter and all provisions of this subchapter with respect to powers granted shall be broadly interpreted to effectuate such intent and purposes and not as to any limitation of powers. This subchapter shall be interpreted and enforced in a manner that shall achieve this public purpose in compliance with the applicable provisions of the Internal Revenue Code, except to the extent the Code is inconsistent with the provisions of 32 V.S.A. § 5825a. (Added 1997, No. 79 (Adj. Sess.), § 1, eff. July 1, 1997; amended 2019, No. 51, § 18, eff. Jan. 1, 2019.)
2023 Vermont Statutes › Title 16 - Education › Chapter 87 - Grants, Scholarships, and Education Loan Programs › § 2879f. Annual reports

§ 2879f. Annual reports
The Corporation shall review, on an annual basis, the financial status of the Program and the participation rate in the Program. The Corporation shall also review the continued viability of the Program and the administration of the Program by the Corporation. (Added 1997, No. 79 (Adj. Sess.), § 1, eff. July 1, 1997; amended 2009, No. 33, § 38.)
2023 Vermont Statutes › Title 16 - Education › Chapter 87 - Grants, Scholarships, and Education Loan Programs › § 2880. Definitions

§ 2880. Definitions
As used in this subchapter:
(1) “Approved postsecondary education institution” means any institution of postsecondary education that is:
(A) certified by the State Board of Education as provided in section 176 or 176a of this title;
(B) accredited by an accrediting agency approved by the U.S. Secretary of Education pursuant to the Higher Education Act;
(C) a non-U.S. institution approved by the U.S. Secretary of Education as eligible for use of education loans made under Title IV of the Higher Education Act; or
(D) a non-U.S. institution designated by the Corporation as eligible for use of its grant awards.
(2) “Committee” means the Vermont Universal Children’s Higher Education Savings Account Program Fund Advisory Committee.
(3) “Corporation” means Vermont Student Assistance Corporation.
(4) “Eligible child” means a minor who is a Vermont resident at the time the Corporation deposits or allocates funds pursuant to this subchapter for his or her benefit.
(5) “Postsecondary education costs” means the qualified costs of tuition, fees, and other expenses for attendance at an institution of postsecondary education, as defined in the Internal Revenue Code of 1986, as amended, together with the regulations promulgated under that Code.
(6) “Program” means the Vermont Universal Children’s Higher Education Savings Account Program.
(7) “Program beneficiary” means an individual who is or who was at one time an eligible child for whom the Corporation deposited or allocated funds pursuant to this subchapter and who has not yet attained 29 years of age or, for national service program participants, the extended maturity date.
(8) “Program Fund” means the Vermont Universal Children’s Higher Education Savings Account Program Fund.
(9) “Vermont Higher Education Investment Plan” or “Investment Plan” means the plan created pursuant to subchapter 7 of this chapter.
(10) “Vermont resident” means an individual who is domiciled in Vermont as evidenced by the individual’s intent to maintain a principal dwelling place in Vermont indefinitely and to return there if temporarily absent, coupled with an act or acts consistent with that intent. A minor is a Vermont resident if his or her parent or legal guardian is a Vermont resident, unless a parent or legal guardian with sole legal and physical parental rights and responsibilities lives outside the State of Vermont. (Added 2015, No. 45, § 2; amended 2019, No. 131 (Adj. Sess.), § 108.)
2023 Vermont Statutes › Title 16 - Education › Chapter 87 - Grants, Scholarships, and Education Loan Programs › § 2880a. Vermont Universal Children’s Higher Education Savings Account Program established; powers and duties of the Vermont Student Assistance Corporation

§ 2880a. Vermont Universal Children’s Higher Education Savings Account Program established; powers and duties of the Vermont Student Assistance Corporation
(a) It is the policy of the State to expand educational opportunity for all children. Consistent with this policy, the Vermont Student Assistance Corporation shall partner with one or more foundations or other philanthropies to establish and fund the Vermont Universal Children’s Higher Education Savings Account Program to expand educational opportunity and financial capability for Vermont children and their families.
(b) Pursuant to this subchapter, the Corporation shall establish and administer the Program, which shall include the Vermont Universal Children’s Higher Education Savings Account Program Fund and financial education for Program beneficiaries and their families and legal guardians. The Corporation, in addition to its other powers and authority, shall have the power and authority to adopt rules, policies, and procedures, including those pertaining to residency in the State, to implement this subchapter in conformance with federal and State law.
(c) The Vermont Departments of Health and of Taxes and the Vermont Agencies of Education and of Human Services shall enter into agreements with the Corporation to enable the exchange of such information as may be necessary for the efficient administration of the Program.
(d) The Corporation’s obligations under this subchapter are limited to funds deposited in the Program Fund specifically for the purpose of the Program.
(e) The Corporation shall annually on or before January 15 release a written report with a detailed description of the status and operation of the Program and management of accounts. (Added 2015, No. 45, § 2.)
2023 Vermont Statutes › Title 16 - Education › Chapter 87 - Grants, Scholarships, and Education Loan Programs › § 2880b. Vermont Universal Children’s Higher Education Savings Account Program Fund

§ 2880b. Vermont Universal Children’s Higher Education Savings Account Program Fund
(a) The Vermont Universal Children’s Higher Education Savings Account Program Fund is established as a fund to be held, directed, and administered by the Corporation. The Corporation shall invest and reinvest, or cause to be invested and reinvested, funds in the Program Fund for the benefit of the Program.
(b) The following sources of funds shall be deposited into the Program Fund:
(1) any grants, gifts, and other funds intended for deposit into the Program Fund from any individual or private or public entity, provided that contributions may be limited in application to specified age cohorts of beneficiaries; and
(2) all interest, dividends, and other pecuniary gains from investment of funds in the Program Fund.
(c) Funds in the Program Fund shall be used solely to carry out the purposes and provisions of this subchapter, including payment by the Corporation of the administrative costs of the Program and the Program Fund and of the costs associated with providing financial education to benefit Program beneficiaries and their parents and legal guardians. Funds in the Program Fund may not be transferred or used by the Corporation or the State for any purposes other than the purposes of the Program. (Added 2015, No. 45, § 2.)
2023 Vermont Statutes › Title 16 - Education › Chapter 87 - Grants, Scholarships, and Education Loan Programs › § 2880c. Initial deposits to the Program Fund

§ 2880c. Initial deposits to the Program Fund
(a) Each year, the Corporation shall deposit $250.00 into the Program Fund for each eligible child born that year, beginning on or after January 1, 2016.
(b) In addition, if the eligible child has a family income of less than 250 percent of the federal poverty level at the time the deposit under subsection (a) of this section is made, the Corporation shall make an additional deposit into the Program Fund for the child that is equal to the deposit made under subsection (a).
(c) Notwithstanding subsections (a) and (b) of this section, if the available funds in a given calendar year are insufficient to provide for the maximum deposits under this section, the Corporation shall prorate the deposits accordingly. (Added 2015, No. 45, § 2.)
2023 Vermont Statutes › Title 16 - Education › Chapter 87 - Grants, Scholarships, and Education Loan Programs › § 2880d. Vermont Higher Education Investment Plan accounts; matching allocations for families with limited income

§ 2880d. Vermont Higher Education Investment Plan accounts; matching allocations for families with limited income
(a) The Corporation shall invite the parents or legal guardians of each Program beneficiary to open a Vermont Higher Education Investment Plan account on the beneficiary’s behalf.
(b) The beneficiary, his or her parents or legal guardians, other individuals, and private and public entities may make additional deposits into a beneficiary’s Investment Plan account.
(c) Annually, the Corporation shall deposit into the Program Fund a matching allocation of up to $250.00 per eligible child on a dollar-to-dollar basis for contributions made that year to a single Investment Plan account established for the child under this section, provided that at the time of deposit, the eligible child has a family income of less than 250 percent of the federal poverty level.
(d) Notwithstanding subsection (c) of this section, if the available funds in a given calendar year are insufficient to provide for the maximum allocation amounts under this subsection, the Corporation shall prorate the allocations accordingly. (Added 2015, No. 45, § 2.)
2023 Vermont Statutes › Title 16 - Education › Chapter 87 - Grants, Scholarships, and Education Loan Programs › § 2880e. Withdrawal of Program funds

§ 2880e. Withdrawal of Program funds
(a) Subject to the provisions of this section, the Investment Plan requirements under subchapter 7 of this chapter, and the rules, policies, and procedures adopted by the Corporation, a Program beneficiary shall be entitled to Program funds deposited or allocated by the Corporation for his or her benefit if:
(1) the beneficiary has attained 18 years of age or has enrolled full-time in an approved postsecondary education institution;
(2) the Corporation has sufficient proof that the beneficiary was an eligible child at the time the deposit or allocation was made;
(3) the funds are used for postsecondary education costs and made payable to an approved postsecondary education institution on behalf of the beneficiary; and
(4) the withdrawal is made prior to the beneficiary’s attaining 29 years of age, provided that for a beneficiary who serves in a national service program, including in the U.S. Armed Forces, AmeriCorps, or the Peace Corps, each month of service shall increase the maturity date by one month.
(b) If a Program beneficiary does not use all of the funds deposited or allocated by the Corporation for his or her use prior to the maturity date, the beneficiary shall no longer be permitted to use these funds and the Corporation shall unallocate the unused funds from the beneficiary within the Program Fund.
(c) This section shall not apply to withdrawal of funds that are contributed to an Investment Plan account opened for the benefit of the account’s beneficiary under subsections 2880d(a) and (b) of this title and that are not Program funds deposited or allocated by the Corporation. (Added 2015, No. 45, § 2.)
2023 Vermont Statutes › Title 16 - Education › Chapter 87 - Grants, Scholarships, and Education Loan Programs › § 2880f. Rights of beneficiaries and their families

§ 2880f. Rights of beneficiaries and their families
(a) A parent or legal guardian shall be allowed to opt out of the Program on behalf of his or her child.
(b) An individual otherwise eligible for any benefit program for elders, persons who are disabled, families, or children shall not be subject to any State resource limit based on funds deposited, allocated, or contributed on behalf of an eligible child or Program beneficiary to the Program Fund or an Investment Plan. (Added 2015, No. 45, § 2.)
2023 Vermont Statutes › Title 16 - Education › Chapter 87 - Grants, Scholarships, and Education Loan Programs › § 2880g. Financial literacy programs

§ 2880g. Financial literacy programs
State agencies and offices, including the Agencies of Education and of Human Services and the Office of the State Treasurer, in collaboration with existing statewide community partners and nonprofit partners that specialize in financial education delivery and have developed an available infrastructure to support financial education across multiple sectors, shall develop and support programs to encourage the financial literacy of Program beneficiaries and their families and legal guardians throughout the duration of the Program via mail, mass media, and in-person delivery methods. (Added 2015, No. 45, § 2.)
2023 Vermont Statutes › Title 16 - Education › Chapter 87 - Grants, Scholarships, and Education Loan Programs › § 2880h. Program Fund Advisory Committee

§ 2880h. Program Fund Advisory Committee
(a) There is created a Vermont Universal Children’s Higher Education Savings Account Program Fund Advisory Committee to identify and solicit public and private funds for the Program and to advise the Corporation on disbursement of funds.
(b) The Committee shall be composed of the following 11 members:
(1) the Governor or designee, ex officio;
(2) the President of the Corporation or designee, ex officio;
(3) two representatives of the Vermont philanthropy community, appointed by the Governor;
(4) two representatives of the Vermont business community, appointed by the Governor;
(5) two members from Vermont advocacy organizations representing individuals and families with limited income, appointed by the Governor; and
(6) three members selected by the Committee.
(c) Non-ex-officio members shall serve four-year terms, appointed and selected in such a manner that no more than three terms shall expire annually. (Added 2015, No. 45, § 2.)
2023 Vermont Statutes › Title 16 - Education › Chapter 89 - Postsecondary Review Entity › § 2881. Vermont Higher Education Council; designation

§ 2881. Vermont Higher Education Council; designation
The Vermont Higher Education Council is hereby designated as the Vermont state postsecondary review entity for the purpose of reviewing all institutions of higher education that are eligible or which desire to become eligible for funding under 42 U.S.C. Chapter 34, Subchapter I, Part C (work study programs) or 20 U.S.C. Chapter 28, Subchapter IV (student assistance). (Added 1993, No. 144 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 16 - Education › Chapter 89 - Postsecondary Review Entity › § 2882. Vermont state postsecondary review entity; powers and duties

§ 2882. Vermont state postsecondary review entity; powers and duties
(a) The Vermont state postsecondary review entity shall review institutions of higher education in accordance with standards established in 20 U.S.C. § 1099a-3 and with standards established by the Vermont state postsecondary review entity with the agreement of the federal Department of Education.
(b) The Vermont state postsecondary review entity may enter into agreements with the Secretary of the Federal Department of Education pursuant to 20 U.S.C. Chapter 28, Subchapter IV, Part G. (Added 1993, No. 144 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 16 - Education › Chapter 90 - Funding of Postsecondary Education › § 2887. The Next Generation Initiative Fund

§ 2887. The Next Generation Initiative Fund
(a) A Next Generation Initiative Fund is established in the Office of the State Treasurer to comprise appropriations made by the General Assembly and grants, donations, or contributions from any other sources. The Fund shall be administered pursuant to 32 V.S.A. chapter 7, subchapter 5, except that interest earned on the Fund and any remaining balance shall be retained in the Fund.
(b) Annually, the General Assembly shall appropriate monies in the Next Generation Initiative Fund for programs that encourage Vermonters to live and work in Vermont.
(c) [Repealed.] (Added 2005, No. 204 (Adj. Sess.), § 2, eff. May 31, 2006; amended 2009, No. 3 (Sp. Sess.), § 11b, eff. June 10, 2009; 2011, No. 162 (Adj. Sess.), § E.400.)
2023 Vermont Statutes › Title 16 - Education › Chapter 99 - General Policy › § 2901. Success for all students in the general education environment

§ 2901. Success for all students in the general education environment
(a) Each local school district shall develop and maintain, in consultation with parents, a comprehensive system of education that is designed to result, to the extent appropriate, in all students succeeding in the general education environment. A comprehensive system of education includes a full range of services and accommodations that are needed by students in the district. These services could include a separate alternative program if the district finds that some of its students could be better served in an environment outside the classroom, or if the district finds that separate placement is the best way to provide services to a student who is having difficulty learning in a traditional school setting for educational, emotional, or personal reasons and thereby impairing the ability of the classroom teacher to provide high-quality services to that student or to other students. This chapter does not replace or expand entitlements created by federal law, nor is it the intent of this chapter to create a higher standard for maintaining a student in the general classroom than the standard created in the following federal laws: 20 U.S.C. chapter 33, Individuals with Disabilities Education Act; 29 U.S.C. § 794, Section 504 of the Rehabilitation Act of 1973; and 42 U.S.C. chapter 126, Americans with Disabilities Act.
(b) [Repealed.]
(c) No individual entitlement or private right of action is created by this section. (Added 1989, No. 230 (Adj. Sess.), § 4; amended 1995, No. 157 (Adj. Sess.), § 8; 1999, No. 113 (Adj. Sess.), § 9; 2009, No. 44, § 40, eff. May 21, 2009; 2017, No. 173 (Adj. Sess.), § 3, eff. May 25, 2018.)
2023 Vermont Statutes › Title 16 - Education › Chapter 99 - General Policy › § 2903. Preventing early school failure; reading instruction

§ 2903. Preventing early school failure; reading instruction
(a) Statement of policy. The ability to read is critical to success in learning. Children who fail to read by the end of the first grade will likely fall further behind in school. The personal and economic costs of reading failure are enormous both while the student remains in school and long afterward. All students need to receive systematic reading instruction in the early grades from a teacher who is skilled in teaching reading through a variety of instructional strategies that take into account the different learning styles and language backgrounds of the students. Some students may require intensive supplemental instruction tailored to the unique difficulties encountered.
(b) Foundation for literacy. The State Board of Education, in collaboration with the Agency of Human Services, higher education, literacy organizations, and others, shall develop a plan for establishing a comprehensive system of services for early education in the first three grades to ensure that all students learn to read by the end of the third grade. The plan shall be updated at least once every five years following its initial submission in 1998.
(c) Reading instruction. A public school that offers instruction in grades one, two, or three shall provide highly effective, research-based reading instruction to all students. In addition, a school shall provide:
(1) supplemental reading instruction to any enrolled student in grade four whose reading proficiency falls below third grade reading expectations, as defined under subdivision 164(9) of this title;
(2) supplemental reading instruction to any enrolled student in grades 5-12 whose reading proficiency creates a barrier to the student’s success in school; and
(3) support and information to parents and legal guardians. (Added 1997, No. 60, § 9, eff. June 26, 1997; amended 2009, No. 44, § 40, eff. May 21, 2009.)
2023 Vermont Statutes › Title 16 - Education › Chapter 99 - General Policy › § 2904. Reports

§ 2904. Reports
Annually, each superintendent shall report to the Secretary in a form prescribed by the Secretary, on the status of the educational support systems in each school in the supervisory union. The report shall describe the services and supports that are a part of the education support system, how they are funded, and how building the capacity of the educational support system has been addressed in the school action plans, and shall be in addition to the report required of the educational support team in subdivision 2902(c)(6) of this chapter. The superintendent’s report shall include a description and justification of how funds received due to Medicaid reimbursement under section 2959a of this title were used. (Added 1999, No. 117 (Adj. Sess.), § 3; amended 2005, No. 54, § 14; 2009, No. 44, § 40, eff. May 21, 2009; 2013, No. 92 (Adj. Sess.), § 193, eff. Feb. 14, 2014.)
2023 Vermont Statutes › Title 16 - Education › Chapter 99 - General Policy › § 2906. Vermont Expanded Learning Opportunities Special Fund established

§ 2906. Vermont Expanded Learning Opportunities Special Fund established
(a) As used in this section, “Expanded Learning Opportunity” means a structured program designed to serve prekindergarten through secondary school-age children and youth outside the school day and year on a regular basis, including before and after school and during the summer, by providing opportunities for personal, emotional, and academic growth for children and youth.
(b) There is established a Vermont Expanded Learning Opportunities Special Fund comprising grants, donations, and contributions from any private or public source. Monies in the Fund shall be available to the Agency for the purpose of increasing access to expanded learning opportunities throughout Vermont. The Commissioner of Finance and Management may draw warrants for disbursements from this Fund in anticipation of receipts. The Fund shall be administered pursuant to 32 V.S.A. chapter 7, subchapter 5, except that interest earned and any remaining balance at the end of the fiscal year shall be retained and carried forward in the Fund. (Added 2015, No. 48, § 9, eff. June 3, 2015.)
2023 Vermont Statutes › Title 16 - Education › Chapter 101 - Special Education › § 2941. Policy and purpose

§ 2941. Policy and purpose
It is the policy of the State to ensure equal educational opportunities for all children in Vermont. This means that children with disabilities are entitled to receive a free appropriate public education. It is further the policy of the State to pay 60 percent of the statewide costs expended by public education for children with disabilities. The purpose of this chapter is to enable the Agency to ensure the provision of the special educational facilities and instruction necessary to meet the needs of children with disabilities. (Amended 1965, No. 152, § 1; 1987, No. 235 (Adj. Sess.), § 2; 1995, No. 157 (Adj. Sess.), § 22; 1997, No. 60, § 29a, eff. July 1, 1998; 2013, No. 92 (Adj. Sess.), § 195, eff. Feb. 14, 2014; 2017, No. 173 (Adj. Sess.), § 5, eff. July 1, 2022.)
2023 Vermont Statutes › Title 16 - Education › Chapter 101 - Special Education › § 2941. Policy and purpose

§ 2941. Policy and purpose
It is the policy of the State to ensure equal educational opportunities for all children in Vermont. This means that children with disabilities are entitled to receive a free appropriate public education. The purpose of this chapter is to enable the Agency to ensure the provision of special education services and supports in accordance with individualized education programs necessary to meet the needs of children with disabilities. (Amended 1965, No. 152, § 1; 1987, No. 235 (Adj. Sess.), § 2; 1995, No. 157 (Adj. Sess.), § 22; 1997, No. 60, § 29a, eff. July 1, 1998; 2013, No. 92 (Adj. Sess.), § 195, eff. Feb. 14, 2014; 2017, No. 173 (Adj. Sess.), § 5, eff. July 1, 2022.)
2023 Vermont Statutes › Title 16 - Education › Chapter 101 - Special Education › § 2942. Definitions

§ 2942. Definitions
As used in this chapter
(1) “Child with a disability” means any child in Vermont eligible under State rules to receive special education.
(2) “Special education” means, to the extent required by federal law, specially designed instruction, at no cost to parents or guardian, to meet the unique educational needs of a child with a disability, including classroom instruction, instruction in physical education, home instruction, and instruction in hospitals and institutions. The term includes “related services” as defined in federal law.
(3) “Essential early education” means the education of children with disabilities prior to legal school age for the early acquisition of fundamental skills.
(4) “Federal law” means the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400-1485, and its implementing regulations, as amended from time to time.
(5) “Residential placement” means the placement of an eligible child, as part of an individualized education program, in a 24-hour residential facility within or outside Vermont that provides educational services consistent with the child’s program.
(6) “Individualized education program” means a program established for an eligible child pursuant to 20 U.S.C. § 1401(19) and the implementing federal regulations and State rules.
(7) “Unilateral placement” means a placement of a child eligible for special education by a person or persons having legal custody of the child in an educational placement other than one recommended by the child’s duly constituted individualized education program team as defined in 20 U.S.C. § 1401(19).
[Subdivision (8) effective July 1, 2022.]
(8) A “student who requires additional support” means a student:
(A) who is on an individualized education program;
(B) who is on a section 504 plan under the Rehabilitation Act of 1973, 29 U.S.C. § 794;
(C) who is not on an individualized education program or section 504 plan but whose ability to learn is negatively impacted by a disability or by social, emotional, or behavioral needs, or whose ability to learn is negatively impacted because the student is otherwise at risk;
(D) for whom English is not the primary language; or
(E) who reads below grade level. (Amended 1965, No. 152, § 2; 1971, No. 207 (Adj. Sess.), § 1; 1987, No. 235 (Adj. Sess.), § 3; 1989, No. 107, § 1; 1995, No. 157 (Adj. Sess.), § 22; 1999, No. 117 (Adj. Sess.), § 4; 2013, No. 92 (Adj. Sess.), § 196, eff. Feb. 14, 2014; 2013, No. 96 (Adj. Sess.), § 78; 2017, No. 173 (Adj. Sess.), § 5, eff. July 1, 2022; 2019, No. 131 (Adj. Sess.), § 109.)
2023 Vermont Statutes › Title 16 - Education › Chapter 101 - Special Education › § 2943. Secretary of Education for children with disabilities; powers

§ 2943. Secretary of Education for children with disabilities; powers
The Secretary of Education, by virtue of the office, shall be Secretary of Education for children with disabilities and shall superintend all matters relating to the essential early education and special education of children with disabilities. In addition, the Secretary, in coordination with the Department of Mental Health, the Department of Disabilities, Aging, and Independent Living, and the Department for Children and Families, shall ensure that appropriate educational services are provided to children and adolescents with a severe emotional disturbance in accordance with the provisions of 33 V.S.A. chapter 43 and may accept gifts, grants, or other donations to carry out the purpose of this chapter. (Amended 1987, No. 235 (Adj. Sess.), § 4; 1987, No. 264 (Adj. Sess.), § 5; 1989, No. 187 (Adj. Sess.), § 5; 1995, No. 157 (Adj. Sess.), § 22; 2011, No. 58, § 13, eff. May 31, 2011; 2013, No. 92 (Adj. Sess.), § 197, eff. Feb. 14, 2014.)
2023 Vermont Statutes › Title 16 - Education › Chapter 101 - Special Education › § 2945. State Advisory Panel on Special Education

§ 2945. State Advisory Panel on Special Education
(a) The State Advisory Panel on Special Education (Panel) is created to provide guidance with respect to special education and related services for children with disabilities in the State. Members of the Panel shall be appointed by the Governor, with the advice of the Secretary of Education. The Panel shall perform its duties, and members of the Panel shall be appointed, in accordance with federal law. In addition to members appointed to the Panel to satisfy the requirements under federal law, the members of the Panel shall include a representative of each body designated by the State under federal law as the Parent Training and Information Center and the Protection and Advocacy System. The total number of members on the Panel shall not exceed 37 members.
(b) The Panel shall elect an executive committee from among its members. The executive committee shall be composed of seven members of the Panel, one of whom shall be the chair of the Panel. A majority of the members of the executive committee shall be individuals with disabilities or parents of children with disabilities (ages birth through 26 years of age). The executive committee shall call meetings of the Panel and shall direct the work of the Panel.
(c) The Panel shall advise both the Agency of Education and the State Board of Education on those matters upon which the Panel is required, under federal law, to advise the State Education Agency.
(d) Members of the Panel shall be entitled to per diem compensation and reimbursement of expenses as permitted under 32 V.S.A. § 1010. (Amended 1961, No. 36, eff. March 24, 1961; 1967, No. 73, § 2; 1971, No. 207 (Adj. Sess.), § 3; 1977, No. 167 (Adj. Sess.), § 1, eff. March 31, 1978; 1995, No. 157 (Adj. Sess.), §§ 10, 22; 2003, No. 36, § 16; 2011, No. 58, § 4, eff. May 31, 2011; 2011, No. 129 (Adj. Sess.), § 14, eff. May 11, 2012; 2013, No. 92 (Adj. Sess.), § 199, eff. Feb. 14, 2014; 2017, No. 49, § 33, eff. May 23, 2017; 2019, No. 97 (Adj. Sess.), § 1, eff. April 28, 2020.)
2023 Vermont Statutes › Title 16 - Education › Chapter 101 - Special Education › § 2949. Reciprocal agreements with other states

§ 2949. Reciprocal agreements with other states
The State Board of Education, with the approval of the Attorney General, is authorized to enter into reciprocal agreements with the boards of education in other states to share in the expense of securing the services of specialists or persons skilled in the education of children with disabilities. (Amended 1995, No. 157 (Adj. Sess.), § 22; 2015, No. 148 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 16 - Education › Chapter 101 - Special Education › § 2956. Essential early education

§ 2956. Essential early education
After June 30, 1991, all eligible children with disabilities three through five years of age shall have access to appropriate essential early education services. (Added 1987, No. 68, § 4; amended 1989, No. 230 (Adj. Sess.), § 11; 1995, No. 157 (Adj. Sess.), § 22.)
2023 Vermont Statutes › Title 16 - Education › Chapter 101 - Special Education › § 2957. Special education administrative and judicial appeals; limitations

§ 2957. Special education administrative and judicial appeals; limitations
(a) An action against a local, intermediate, or State education agency seeking enforcement of special education rights under State or federal law shall be commenced by an administrative due process hearing within two years of the alleged violation or within two years of the date the alleged violation is or reasonably should have been discovered, and not after.
(b) Subsection (a) of this section notwithstanding, an action against a local, intermediate, or State education agency for reimbursement of the costs of a unilateral special education placement shall be commenced by an administrative due process hearing within 90 days of the unilateral placement, and not after.
(c) Where the parent, legal guardian, or surrogate parent has not been given proper notice of special education rights under State and federal law, including notice of the limitations in this section, such limitations shall run from the time notice of those rights is properly given.
(d) An appeal from a final administrative decision in a special education due process hearing to a court of competent jurisdiction pursuant to 20 U.S.C. § 1415(i)(2) shall be commenced within 90 days from the notice of the final decision, and not after.
(e) Except as provided in 20 U.S.C. § 1412(a)(10)(C) or unless a court or hearing officer determines otherwise, where a unilateral placement has been made without offering the supervisory union for the school district of residence a reasonable opportunity to evaluate the child and to develop an individualized education program, reimbursement may not be sought for any costs incurred before the supervisory union is offered such an opportunity. (Added 1989, No. 107, § 4; amended 2001, No. 8, § 12; 2003, No. 36, § 17; 2005, No. 54, § 15; 2015, No. 148 (Adj. Sess.), § 1, eff. July 1, 2017.)
2023 Vermont Statutes › Title 16 - Education › Chapter 101 - Special Education › § 2959. Rulemaking; mediation

§ 2959. Rulemaking; mediation
(a) The State Board shall adopt rules governing the determination of a child’s eligibility for special education, accounting and financial reporting standards, program requirements, procedural requirements, and the identification of the supervisory union or agency responsible for each child with a disability.
(b) Subject to rules established by the State Board, the Secretary shall offer mediation to parents, children with disabilities, and districts, supervisory unions, and agencies involved in special education disputes. (Added 1987, No. 235 (Adj. Sess.), § 6; amended 1995, No. 157 (Adj. Sess.), § 22; 2013, No. 92 (Adj. Sess.), § 203, eff. Feb. 14, 2014; 2015, No. 148 (Adj. Sess.), § 1, eff. July 1, 2017.)
2023 Vermont Statutes › Title 16 - Education › Chapter 101 - Special Education › § 2959b. Individualized education programs

§ 2959b. Individualized education programs
A school district or supervisory union responsible for developing an individualized education program for a child with a disability may consider the cost of the provision of special education or related services to the child if:
(1) the district or supervisory union has developed the individualized education program in accordance with federal law through an individualized program team that included the parents;
(2) the individualized education program team has determined that the child’s placement contained in the program is appropriate for the child as that term is defined in federal law; and
(3) all the options under consideration by the district or supervisory union for fulfilling the requirements of the child’s individualized education program would constitute a free appropriate public education in the least restrictive environment for the child, as those terms are defined in federal law. (Added 1999, No. 117 (Adj. Sess.), § 5.)
2023 Vermont Statutes › Title 16 - Education › Chapter 101 - Special Education › § 2962. Extraordinary services reimbursement

§ 2962. Extraordinary services reimbursement
(a) Except as otherwise provided in this subchapter, extraordinary services reimbursement shall be payable, based on where the related cost is incurred, to a town school district, city school district, union school district, unified union school district, incorporated school district, the member school districts of an interstate school district, an unorganized town or gore, or to a supervisory union.
(b) The amount of extraordinary services reimbursement provided to each district or supervisory union shall be equal to 95 percent of its extraordinary special education expenditures.
(c) As used in this subchapter, “extraordinary special education expenditures” means a school district’s or supervisory union’s allowable expenditures that for any one child exceed $60,000.00 for a fiscal year. In this subsection, child means a student with disabilities who is three years of age or older in the current school year. The State Board shall define allowable expenditures that shall include any expenditures required under federal law, and any costs of mediation conducted by a mediator who is approved by the Secretary. (Added 1987, No. 235 (Adj. Sess.), § 7; amended 1989, No. 107, § 6; 1989, No. 230 (Adj. Sess.), §§ 18, 26; 1995, No. 157 (Adj. Sess.), § 14, eff. July 1, 1997; 1995, No. 157 (Adj. Sess.), § 22; 1997, No. 60, § 30b, eff. July 1, 1998; 2003, No. 36, § 13; 2003, No. 130 (Adj. Sess.), § 7; 2013, No. 92 (Adj. Sess.), § 205, eff. Feb. 14, 2014; 2015, No. 148 (Adj. Sess.), § 1, eff. July 1, 2017; 2017, No. 173 (Adj. Sess.), § 14, eff. July 1, 2019; 2017, No. 173 (Adj. Sess.), § 5, eff. July 1, 2022.)
2023 Vermont Statutes › Title 16 - Education › Chapter 101 - Special Education › § 2963. Special education expenditures reimbursement

§ 2963. Special education expenditures reimbursement
(a) Based on where the related cost is incurred, each town school district, city school district, union school district, unified union school district, incorporated school district, the member school districts of an interstate school district, and unorganized town or gore or supervisory union shall receive a special education expenditures reimbursement grant each school year.
(b) The amount of a school district’s or supervisory union’s special education expenditures reimbursement shall be equal to the total of its special education expenditures multiplied by the reimbursement rate for that year.
(c) As used in this subchapter:
(1) Special education expenditures are allowable expenditures for special education, as defined by rule of the State Board, less the following:
(A) revenue from federal aid for special education;
(B) mainstream service costs, as defined in subdivision 2961(c)(1) of this title;
(C) extraordinary special education expenditures, as defined in section 2962 of this title;
(D) any transportation expenses already reimbursed;
(E) special education costs for a student eligible for aid under section 2963a of this title; and
(F) other State funds used for special education costs as defined by the State Board by rule.
(2) The State Board shall define allowable expenditures under this subsection. Allowable expenditures shall include any expenditures required under federal law.
(3) “Special education expenditures reimbursement rate” means a percentage of special education expenditures that is calculated to achieve the 60 percent share required by subsection 2967(b) of this title.
(d) [Repealed.] (Added 1987, No. 235 (Adj. Sess.), § 7; amended 1989, No. 107, § 7; 1989, No. 230 (Adj. Sess.), § 19, eff. July 1, 1991; 1991, No. 104, § 1, eff. June 27, 1991; 1991, No. 104, § 3; 1995, No. 157 (Adj. Sess.), § 15, eff. July 1, 1997; 1997, No. 60, § 30c, eff. July 1, 1998; 1997, No. 71 (Adj. Sess.), § 114, eff. March 11, 1998; 2001, No. 8, § 13; 2003, No. 36, § 14; 2003, No. 130 (Adj. Sess.), § 8; 2015, No. 148 (Adj. Sess.), § 1, eff. July 1, 2017; repealed on July 1, 2022 by 2017, No. 173 (Adj. Sess.), § 5, as amended by 2019, No. 112 (Adj. Sess.), § 10(b).)
2023 Vermont Statutes › Title 16 - Education › Chapter 101 - Special Education › § 2963a. Exceptional circumstances

§ 2963a. Exceptional circumstances
(a) In lieu of reimbursement under section 2963 of this title, the Secretary shall reimburse a school district or supervisory union for 80 percent of the costs not eligible for reimbursement under section 2962 of this title for each student causing the school district or supervisory union to be eligible for extraordinary services reimbursement pursuant to that section. However, in order for a school district or supervisory union to be eligible for reimbursement under this section, the total costs of the school district or supervisory union eligible for extraordinary services reimbursement must equal or exceed 15 percent of the total costs eligible for State assistance under sections 2961, 2962, and 2963 of this title.
(b) An eligible school district or supervisory union may apply to the Secretary to receive reimbursement under this section. The Secretary shall award reimbursement to a school district or supervisory union under this section if the Secretary makes a determination that the school district or supervisory union considered all the cost-effective and appropriate available alternatives for placement and programs for students before incurring these costs. A decision of the Secretary shall be final. (Added 1997, No. 71 (Adj. Sess.), § 87, eff. March 11, 1998; amended 1999, No. 108 (Adj. Sess.), § 2, eff. May 10, 2000; 2005, No. 182 (Adj. Sess.), § 22; 2013, No. 92 (Adj. Sess.), § 206, eff. Feb. 14, 2014; 2015, No. 148 (Adj. Sess.), § 1, eff. July 1, 2017; repealed on July 1, 2022 by 2019, No. 72, § E.502.2, as amended by 2019, No. 112 (Adj. Sess.), § 10(b).)
2023 Vermont Statutes › Title 16 - Education › Chapter 101 - Special Education › § 2964. Service plan

§ 2964. Service plan
(a) As a condition of receiving assistance under this subchapter, a supervisory union shall file a service plan with the Secretary annually on or before October 15. The service plan shall contain the anticipated special education expenditures for the following school year for the supervisory union and its member districts. The plan shall be in a form prescribed by the Secretary and shall include information on services planned and anticipated expenditures.
(b) If a supervisory union fails to file a service plan by October 15, the Secretary may withhold any funds due the supervisory union and its member districts under this title until a service plan is filed and accepted by the Secretary as properly completed. (Added 1987, No. 235 (Adj. Sess.), § 7; amended 1989, No. 107, § 8; amended 1989, No. 230 (Adj. Sess.), § 20, eff. July 1, 1991; 1995, No. 157 (Adj. Sess.), § 16; 2013, No. 92 (Adj. Sess.), § 207, eff. Feb. 14, 2014; 2015, No. 148 (Adj. Sess.), § 1, eff. July 1, 2017; repealed on July 1, 2022 by 2019, No. 72, § E.502.2 as amended by 2019, No. 112 (Adj. Sess.), § 10(b).)