reglab/statecodes huggingface dataset:
2023 Vermont Statutes › Title 16 - Education › Chapter 55 - State Teachers' Retirement System of Vermont › § 1936. Creditable service; military service

§ 1936. Creditable service; military service
(a) Each member shall receive membership service credit for all service rendered while a member of the System since he or she became a member, or since he or she last became a member in the event of a break in his or her membership.
(b) [Repealed.]
(c) Creditable service shall consist of membership service credit, any other service allowable under this chapter, and service transferred under 3 V.S.A. § 495.
(d) Credit shall also be granted for any period of absence from service due to any class of military service of the United States approved by the Retirement Board, provided the member returns to service as a teacher as defined under section 1931 of this title within 90 days after having become discharged or separated from military service, as if such service had been service as a teacher. The earnable compensation of the teacher at the time of entering such military service shall be deemed to be the earnable compensation for the period of such service.
(e) Credit shall also be granted for any period of absence from service in connection with an approved workers’ compensation claim as a result of a work-related injury, provided the employee provides evidence of the period covered by the approved workers’ compensation claim upon return to active service. The earnable compensation of the employee at the time of entering the absence from service resulting from an approved workers’ compensation claim or the wages plus all other wage replacement compensation received while on the approved period of absence, whichever provides for the highest total compensation, shall be deemed to be the earnable compensation for the period of service. The total compensation under this subsection shall not exceed what the earnable compensation would have been had the member not been injured. (Amended 1977, No. 53, §§ 1, 5, eff. April 23, 1977; 2001, No. 29, § 4; 2007, No. 13, § 26; 2017, No. 165 (Adj. Sess.), § 10.)
2023 Vermont Statutes › Title 16 - Education › Chapter 55 - State Teachers' Retirement System of Vermont › § 1938a. Benefit denial; evidentiary hearing

§ 1938a. Benefit denial; evidentiary hearing
(a) An applicant for disability retirement benefits under section 1938 of this title may file a request for an evidentiary hearing with the Board of Trustees if the application for benefits is denied.
(b) The hearing shall be conducted by a hearing officer designated by the Board and in conformance with rules adopted by the Board. Rules adopted by the Board shall be consistent with 3 V.S.A. § 809.
(c) The decision of the hearing officer shall constitute final administrative action. (Added 2003, No. 38, § 6.)
2023 Vermont Statutes › Title 16 - Education › Chapter 55 - State Teachers' Retirement System of Vermont › § 1939. Restoration to service

§ 1939. Restoration to service
(a) In any fiscal year in which a beneficiary resumes service, as that term is defined in section 1931 of this title, he or she shall again become a member of the System, shall contribute at the rate established for members of his or her group and shall not be entitled to receive a retirement allowance, if he or she is:
(1) compensated in excess of the allowable number of days per school year as established by the Board for substitute teaching; or
(2) receives compensation in excess of 60 percent of the average compensation in the teacher System.
(b) If a person once again becomes a member under subsection (a) of this section, membership shall be retroactive to the beginning of the fiscal year in which the person resumed service and the member shall not be entitled to any retirement allowance received during that fiscal year. If the person received a retirement allowance during the fiscal year in which he or she resumed service, upon subsequent retirement the Board shall suspend his or her retirement allowance for a period necessary to reimburse the System for the total retirement allowance received during the period in which the beneficiary resumed service and became a member.
(c) Upon subsequent retirement of a person who once again becomes a member under subsection (a) of this section, the beneficiary’s former retirement allowance shall be restored, but the beneficiary shall not be entitled to cost of living adjustments for the period during which he or she was restored to service. In addition to the former retirement allowance, a beneficiary shall be entitled to a retirement allowance separately computed for the period beginning with his or her last restoration to service for which the member has made a contribution. (Amended 1963, No. 110, § 2, eff. May 28, 1963; 1973, No. 141 (Adj. Sess.), § 4; 1981, No. 41 § 27; 1995, No. 36, § 5; 1999, No. 158 (Adj. Sess.), § 10.)
2023 Vermont Statutes › Title 16 - Education › Chapter 55 - State Teachers' Retirement System of Vermont › § 1944a. Periodic actuarial reports

§ 1944a. Periodic actuarial reports
The Board shall cause to be made an actuarial reevaluation of the rate of member contributions deducted from earnable compensation pursuant to subdivision 1944(b)(2) of this title, on a periodic basis at least every three years, to determine whether the amount deducted is necessary to make the contributions picked up and paid by the State for such members cost neutral to the General Fund. The actuarial re-evaluation shall consider all relevant factors including federal tax law changes. The Board shall report the results of the actuarial reevaluation to the General Assembly together with any recommendations for adjustment in the members’ contribution rate under subdivision 1944(b)(2). (Added 1991, No. 247 (Adj. Sess.), § 6.)
2023 Vermont Statutes › Title 16 - Education › Chapter 55 - State Teachers' Retirement System of Vermont › § 1944c. Employer charges for federal grants or reimbursements

§ 1944c. Employer charges for federal grants or reimbursements
(a) Notwithstanding any provision of law to the contrary, effective on July 1, 2015, the employer retirement costs and administrative operating expenses related to the retirement plans applicable to those teachers whose funding is provided from federal grants or through federal reimbursement shall be paid by local school systems or educational entities that participate in the Vermont Teachers’ Retirement Fund from those federal monies.
(b) The percentage rates to be applied shall be determined by an actuary approved by the Board of Trustees of the State Teachers’ Retirement System of Vermont and shall be applied to the total earnable compensation of members prepared by the actuary in compliance with subsection 1942(r) of this title. The Secretary of Education shall annually provide an accounting of federal grants and federal reimbursements, by school system, upon which payment by the participating schools shall be determined.
(c) The State Treasurer and the Secretary of Education shall establish procedures for the collection and deposit of those monies in the State Teachers’ Retirement System of Vermont. The Secretary of Education may delay implementation upon review of the federal grant program to permit timely and accurate claims for reimbursement of retirement expenses under a particular federal program in order to receive funding under that program. The Secretary of Education shall provide an annual report to the Senate Committee on Appropriations and the House Committee on Education regarding progress in implementation of this section. The provisions of 2 V.S.A. § 20(d) (expiration of required reports) shall not apply to the report to be made under this subsection. (Added 2013, No. 179 (Adj. Sess.), § E.514.3; amended 2017, No. 154 (Adj. Sess.), § 22, eff. May 21, 2018.)
2023 Vermont Statutes › Title 16 - Education › Chapter 55 - State Teachers' Retirement System of Vermont › § 1944d. Employer annual charge for teacher health care

§ 1944d. Employer annual charge for teacher health care
(a) Beginning on July 1, 2018, the employer of teachers who become members of the State Teachers’ Retirement System of Vermont on or after July 1, 2015 shall pay an annual assessment of $1,275.00 for each such teacher to the Benefits Fund.
(b) Beginning on July 1, 2019, and each year thereafter, the annual assessment shall be adjusted to account for inflation, as approved annually by the Board of Trustees. (Added 2013, No. 179 (Adj. Sess.), § E.514.4; amended 2017, No. 165 (Adj. Sess.), § 20; 2018, No. 11 (Sp. Sess.), § E.515.2.)
2023 Vermont Statutes › Title 16 - Education › Chapter 55 - State Teachers' Retirement System of Vermont › § 1945. Application of other laws

§ 1945. Application of other laws
No other provision of law in any other statute that provides wholly or partly at the expense of the State of Vermont for pensions or retirement benefits for teachers of the State, their widows, or other dependents, shall apply to members or beneficiaries of the Retirement System hereby established, their widows, or other dependents.
2023 Vermont Statutes › Title 16 - Education › Chapter 55 - State Teachers' Retirement System of Vermont › § 1946. Exemption of member’s interest; assignment

§ 1946. Exemption of member’s interest; assignment
That portion of the compensation of a member deducted or to be deducted under this chapter, the rights of a member or beneficiary to an annuity, pension, or retirement allowance hereunder, and all a member’s rights in the assets of the System, shall be exempt from taxation, including income tax, and from the operation of any laws relating to bankruptcy or insolvency, and shall not be attached or taken upon execution or other process of any court. No assignment by a member or beneficiary of any part of the assets to which he or she is or may be entitled, or of any right to or interest in the assets, shall be valid except as specifically provided in this chapter. (Amended 2007, No. 13, § 34.)
2023 Vermont Statutes › Title 16 - Education › Chapter 55 - State Teachers' Retirement System of Vermont › § 1946a. Tax exemption for member of retirement system of another state or political subdivision thereof

§ 1946a. Tax exemption for member of retirement system of another state or political subdivision thereof
Payments received by a member of a retirement system of another state or political subdivision thereof, whether called a pension, an annuity, a retirement allowance, or any other name, shall be exempt from taxation, including income tax, provided that such member was at the time of retirement a member of the teaching or supervising staff covered by such retirement system. The term “teaching or supervising staff” shall include the superintendent, assistant superintendents, principals, supervisors, assistant supervisors, directors, assistant directors, examiners, supervising school physicians, supervisors of health education, supervising nurses, and all other persons permanently employed in giving or supervising instruction in a public day school, normal school, teachers’ college, or other educational institution located in, and supported and controlled by, any state or political subdivision thereof.
2023 Vermont Statutes › Title 16 - Education › Chapter 55 - State Teachers' Retirement System of Vermont › § 1947. Penalty

§ 1947. Penalty
Whoever with intent to deceive shall make any statements or reports required under this chapter that are untrue, or shall falsify or permit to be falsified any record or records of the System, shall be guilty of a misdemeanor and shall be punishable therefor under the laws of this State.
2023 Vermont Statutes › Title 16 - Education › Chapter 55 - State Teachers' Retirement System of Vermont › § 1948. Errors

§ 1948. Errors
Should any mistake be made, or should any change or error in the records result in any member or beneficiary receiving from the System more or less than he or she would have been entitled to receive had the records been correct, the Board shall have the power, in its discretion, to correct such mistake or such error, and as far as practicable, to adjust the payments in such a manner that the actuarial equivalent of the benefit to which such member or beneficiary was correctly entitled shall be paid or in such a manner that the impact upon the fund is de minimis. (Amended 2017, No. 165 (Adj. Sess.), § 22.)
2023 Vermont Statutes › Title 16 - Education › Chapter 55 - State Teachers' Retirement System of Vermont › § 1949b. Postretirement adjustment to retirement allowance; formula; evaluation

§ 1949b. Postretirement adjustment to retirement allowance; formula; evaluation
(a) On or before September 1, 2027 and every three years thereafter, or at the request of the Board in conjunction with any proposed changes to the amortization schedule, the Board shall consider the intent set forth in subsection 1949a(a) of this chapter and evaluate whether to modify the postretirement adjustment formula or any other benefit that may accrue to the members of the System who are in active service on or before June 30, 2022 and made contributions for the duration of fiscal year 2023 and members in active service on or after July 1, 2022 and made contributions for at least one year. The evaluation shall only include a proposed benefit change if the Postretirement Adjustment Allowance Fund has sufficient assets to pay for the present value of that benefit.
(b) On or before January 15, 2028 and every three years thereafter, or following a request for an evaluation by the Board, the Board shall submit a report to the House and Senate Committees on Government Operations with the results of the evaluation described in subsection (a) of this section. (Added 2021, No. 114 (Adj. Sess.), § 22, eff. July 1, 2022.)
2023 Vermont Statutes › Title 16 - Education › Chapter 55 - State Teachers' Retirement System of Vermont › § 1951. Group A members; limit on contributions

§ 1951. Group A members; limit on contributions
Contributions in the form of a deduction from compensation under section 1944 of this title shall cease for any Group A member who attains 25 years of creditable service and the member shall continue to accrue creditable service, without such a contribution, at the rate of one and two-thirds percent until the member retires. (Added 1989, No. 169 (Adj. Sess.), § 9; amended 2017, No. 165 (Adj. Sess.), § 23.)
2023 Vermont Statutes › Title 16 - Education › Chapter 55 - State Teachers' Retirement System of Vermont › § 1953. Prior service credit

§ 1953. Prior service credit
A teacher who has ceased being a member upon reemployment is entitled to prior service credit upon depositing in the Pension Fund the contributions that would have been deducted from the teacher’s compensation had he or she remained a member with interest as set forth in section 1944 of this title. The teacher, in order to qualify for the prior service credit, shall also deposit in the Fund a sum equal to the contributions that would have been contributed by the State had the teacher remained a member with interest as set forth in section 1944 of this title. (Added 2005, No. 104 (Adj. Sess.), § 1; amended 2007, No. 13, § 35; 2017, No. 165 (Adj. Sess.), § 24.)
2023 Vermont Statutes › Title 16 - Education › Chapter 57 - Labor Relations for Teachers and Administrators › § 1983. Right to be heard

§ 1983. Right to be heard
Nothing in this chapter shall prohibit any individual or organization representative, subject to reasonable rules of procedure that may be adopted by the school board, from appearing before the school board to be heard, but not to negotiate, on any matters of school district operation. (Added 1969, No. 127, § 2, eff. Sept. 1, 1969; amended 2013, No. 92 (Adj. Sess.), § 174, eff. Feb. 14, 2014.)
2023 Vermont Statutes › Title 16 - Education › Chapter 57 - Labor Relations for Teachers and Administrators › § 1984. Access to new teachers or administrators in bargaining unit

§ 1984. Access to new teachers or administrators in bargaining unit
(a) A school board shall provide a teachers’ or administrators’ organization that is the exclusive representative of the teachers or administrators in a bargaining unit with an opportunity to meet with each newly hired teacher or administrator in the bargaining unit to present information about the teachers’ or administrators’ organization.
(b)(1) The meeting shall occur during the new teacher’s or administrator’s orientation or, if the school board does not conduct an orientation for newly hired teachers or administrators, within 30 calendar days from the date on which the teacher or administrator was hired.
(2) If the meeting is not held during the new teacher’s or administrator’s orientation, it shall be held during the new teacher’s or administrator’s regular work hours and at his or her regular worksite or a location mutually agreed to by the school board and the teachers’ or administrators’ organization.
(3) The employee organization shall be permitted to meet with the employee for not less than 60 minutes.
(4) The teacher or administrator shall be paid for attending the meeting at his or her regular rate of pay.
(c)(1) Within 10 calendar days after hiring a new teacher or administrator, the school board shall provide the teachers’ or administrators’ organization, as appropriate, with his or her name, job title, worksite location, work telephone number and e-mail address, home address, personal e-mail address, home and personal cellular telephone numbers, and date of hire to the extent that the school board is in possession of such information.
(2) The teachers’ or administrators’ home address, personal e-mail address, and home and personal cellular telephone numbers shall be kept confidential by the employer and the teachers’ or administrators’ organization and shall be exempt from copying and inspection under the Public Records Act.
(d) The school board shall provide the teachers’ or administrators’ organization with not less than 10 calendar days’ notice of an orientation for newly hired teachers or administrators in its bargaining unit. (Added 2019, No. 180 (Adj. Sess.), § 12, eff. Jan. 1, 2021.)
2023 Vermont Statutes › Title 16 - Education › Chapter 57 - Labor Relations for Teachers and Administrators › § 1985. Annual list of teachers or administrators in bargaining unit

§ 1985. Annual list of teachers or administrators in bargaining unit
(a) Annually, or on a more frequent basis if mutually agreed to by the school board and the teachers’ or administrators’ organization, the school board shall provide the teachers’ or administrators’ organization that is the exclusive representative of a bargaining unit with a list of all teachers or administrators in that bargaining unit.
(b) The list shall include, as appropriate, each teacher’s or administrator’s name, work location, job classification, and contact information. As used in this section, “contact information” includes a teacher’s or administrator’s home address, personal e-mail address, and home and personal cellular telephone numbers to the extent that the school board is in possession of such information.
(c) To the extent possible, the list shall be in alphabetical order by last name and provided in electronic format.
(d) The list shall be kept confidential by the school board and the teachers’ or administrators’ organization and shall be exempt from copying and inspection under the Public Records Act. (Added 2019, No. 180 (Adj. Sess.), § 16, eff. Jan. 1, 2021.)
2023 Vermont Statutes › Title 16 - Education › Chapter 57 - Labor Relations for Teachers and Administrators › § 1986. Noninterference with right to testify

§ 1986. Noninterference with right to testify
(a) Subject to subsection (b) of this section, no teacher, administrator, or other employee of a school district or supervisory union shall be subject to discipline by the school district or supervisory union for testifying before the General Assembly or a committee of the General Assembly or before the State Board of Education.
(b) A teacher, administrator, or other employee of a school district or supervisory union who testifies before the General Assembly or a committee of the General Assembly or before the State Board of Education shall not divulge information that is confidential to the school district or supervisory union or to its students or staff and may be disciplined by the individual’s employer for divulging such confidential information.
(c) A teacher, administrator, or other employee of a school district or supervisory union who testifies before the General Assembly or a committee of the General Assembly or before the State Board of Education shall, unless authorized by the individual’s employer to testify on the employer’s behalf, state for the record that the individual is not testifying on behalf of the individual’s employer. (Added 2021, No. 111 (Adj. Sess.), § 2, eff. May 11, 2022.)
2023 Vermont Statutes › Title 16 - Education › Chapter 57 - Labor Relations for Teachers and Administrators › § 1991. Selection of representation

§ 1991. Selection of representation
(a) Teachers and administrators may select organizations to represent them on their negotiations council in collective negotiations with the school board negotiations council. The school board shall recognize an organization as the exclusive representative of the teachers or of the administrators in the school district when that organization has proved its claim to sole and exclusive representative status of the respective group as provided in this chapter. The superintendent, the assistant superintendent, and the principal shall not serve as negotiating agents for the teachers’ organization.
(b) When close or disputed questions of eligibility to vote and inclusion in the unit to be represented by the teachers’ organization arise, the general principle to be adhered to shall be that eligibility to vote and inclusion in that negotiating unit will be limited to all teachers in the school district under contract and actually engaged in full-time or part-time positions that are not that of administrator.
(c) The organizations selected to represent teachers or administrators shall represent without discrimination or prejudice all of those eligible for inclusion in the negotiating unit without regard to organizational affiliation or membership. (Added 1969, No. 127, § 2, eff. Sept. 1, 1969; amended 2007, No. 82, § 30; 2013, No. 92 (Adj. Sess.), § 175, eff. Feb. 14, 2014.)
2023 Vermont Statutes › Title 16 - Education › Chapter 57 - Labor Relations for Teachers and Administrators › § 2001. Good faith

§ 2001. Good faith
The negotiations councils of the school board and of the recognized teachers’ or administrators’ organization shall meet together at reasonable times, upon request of either party, and shall negotiate in good faith on all matters properly before them under the provisions of this chapter. (Added 1969, No. 127, § 2, eff. Sept. 1, 1969; amended 2007, No. 82, § 31.)
2023 Vermont Statutes › Title 16 - Education › Chapter 57 - Labor Relations for Teachers and Administrators › § 2002. Access to materials and facilities

§ 2002. Access to materials and facilities
The school board shall permit teachers, administrators, and their respective organizations access at reasonable times to areas in which teachers and administrators work, and to use institutional bulletin boards, mail boxes, or other communication media subject to reasonable regulation by the school board, and to use school facilities at reasonable times for the purpose of meetings concerned with the exercise of rights guaranteed by this chapter. (Added 1969, No. 127, § 2, eff. Sept. 1, 1969.)
2023 Vermont Statutes › Title 16 - Education › Chapter 57 - Labor Relations for Teachers and Administrators › § 2003. Time to begin

§ 2003. Time to begin
The teacher or administrator organizations holding exclusive negotiating rights shall make a request for commencement of negotiations either to their school board or to the school board negotiations council no later than 120 days prior to the earliest school district annual meeting conducted within the supervisory union. (Added 1969, No. 127, § 2, eff. Sept. 1, 1969; amended 2007, No. 82, § 32.)
2023 Vermont Statutes › Title 16 - Education › Chapter 57 - Labor Relations for Teachers and Administrators › § 2004. Agenda

§ 2004. Agenda
(a) The school board, through its negotiations council, shall, upon request, negotiate with representatives of the teachers’ or administrators’ organization negotiations council on matters of salary, related economic conditions of employment, the manner in which it will enforce an employee’s obligation to pay the agency fee, procedures for processing complaints and grievances relating to employment, and any mutually agreed-upon matters not in conflict with the statutes and laws of the State of Vermont.
(b) As used in this section, the terms “salary” and “related economic conditions of employment” shall not include health care benefits or coverage other than stand-alone vision and dental benefits. Health care benefits and health coverage, excluding stand-alone vision and dental benefits but including health reimbursement arrangements and health savings accounts, shall not be subject to collective bargaining pursuant to this chapter, but shall be determined pursuant to chapter 61 of this title. (Added 1969, No. 127, § 2, eff. Sept. 1, 1969; amended 2005, No. 25, § 3; 2007, No. 82, § 33; 2013, No. 37, § 12; 2017, No. 74, § 23; 2018, No. 11 (Sp. Sess.), § H.19, eff. Jan. 1, 2020.)
2023 Vermont Statutes › Title 16 - Education › Chapter 57 - Labor Relations for Teachers and Administrators › § 2005. Written agreement

§ 2005. Written agreement
The negotiations councils for the school board and the teachers’ or administrators’ organization shall enter into a written agreement or agreements incorporating matters agreed to in negotiation. The written agreement shall incorporate by reference the terms of the agreement entered into pursuant to chapter 61 of this title. (Added 1969, No. 127, § 2, eff. Sept. 1, 1969; amended 2007, No. 82, § 34; 2018, No. 11 (Sp. Sess.), § H.20, eff. Jan. 1, 2020; 2019, No. 131 (Adj. Sess.), § 91.)
2023 Vermont Statutes › Title 16 - Education › Chapter 57 - Labor Relations for Teachers and Administrators › § 2006. Mediator

§ 2006. Mediator
If, after negotiation has taken place on all matters properly before them, the negotiations councils for the school board and teachers’ or administrators’ organization are unable to reach agreement on specific negotiable items, they may jointly agree upon the services and person of a mediator for the purpose of assisting them in reconciling their differences and resolving the controversy on terms that are mutually acceptable. If agreement cannot be reached upon the person of a mediator, either party may request mediation upon any and all unresolved issues to be conducted by the American Arbitration Association or its designee. The parties shall meet with the mediator and make such information available as required. (Added 1969, No. 127, § 2, eff. Sept. 1, 1969; amended 2007, No. 82, § 35.)
2023 Vermont Statutes › Title 16 - Education › Chapter 57 - Labor Relations for Teachers and Administrators › § 2007. Fact-finding committee

§ 2007. Fact-finding committee
(a) If mediation fails to resolve outstanding differences or is not requested and a continuing disagreement persists, either party may, after negotiation on all matters properly before them, request that any or all unresolved issues be submitted to a fact-finding committee by notifying the other party of their intention and setting forth in writing the issues to be submitted to fact-finding.
(b) The fact-finding committee, which shall be activated as soon as practicable upon request, shall be composed of one member selected by the school board negotiations council, one member selected by the negotiations council for the teachers’ or administrators’ organization, and one member who shall serve as chair, to be chosen by the other two members. In the event that agreement cannot be reached on a third member for the fact-finding committee, the American Arbitration Association shall be asked to appoint the third member.
(c) The fact-finding committee shall convene as soon as practicable after its appointment, hold informal hearings as necessary, and provide adequate opportunity to all parties to testify fully on, and present evidence regarding, their respective positions. All parties to the dispute shall furnish the fact-finding committee upon its request all records, papers, and information in their possession pertaining to any matter properly in issue before the fact-finding committee. The fact-finding committee shall make a written report and shall deliver it to both parties recommending a reasonable basis for the settlement of the disagreement within 30 days after the appointment of all members of the committee.
(d) The report of the fact-finding committee shall be advisory only and shall not be binding on either party. The report shall be made public by the fact-finding committee if the issues in dispute have not been resolved within ten days of the delivery of the report.
(e) All expenses of fact-finding and mediation shall be borne jointly by the parties to the dispute. (Added 1969, No. 127, § 2, eff. Sept. 1, 1969; amended 2007, No. 82, § 36.)
2023 Vermont Statutes › Title 16 - Education › Chapter 57 - Labor Relations for Teachers and Administrators › § 2008. Finality of decisions

§ 2008. Finality of decisions
All decisions of the school board regarding matters in dispute in negotiations shall, after full compliance with this chapter, be final. (Added 1969, No. 127, § 2, eff. Sept. 1, 1969.)
2023 Vermont Statutes › Title 16 - Education › Chapter 57 - Labor Relations for Teachers and Administrators › § 2009. Delegation of authority

§ 2009. Delegation of authority
The negotiations councils for school boards and for teachers’ and administrators’ organizations are empowered to delegate in whole or in part the responsibility for negotiation of the collective agreement to any persons they may choose. However, final ratification of any agreement on behalf of a school board shall remain the sole responsibility of the school board, unless the school board has agreed to binding interest arbitration pursuant to subchapter 4 of this chapter. (Added 1969, No. 127, § 2, eff. Sept. 1, 1969; amended 1991, No. 196 (Adj. Sess.), § 3; 2007, No. 82, § 37.)
2023 Vermont Statutes › Title 16 - Education › Chapter 57 - Labor Relations for Teachers and Administrators › § 2010. Injunctions

§ 2010. Injunctions
No restraining order or temporary or permanent injunction shall be granted in any case brought with respect to any action taken by a representative organization or an official thereof or by a school board or representative thereof in connection with or relating to pending or future negotiations, except on the basis of findings of fact made by a court of competent jurisdiction after due hearing prior to the issuance of the restraining order or injunction that the commencement or continuance of the action poses a clear and present danger to a sound program of school education that in the light of all relevant circumstances it is in the best public interest to prevent. Any restraining order or injunction issued by a court as provided in this section shall prohibit only a specific act or acts expressly determined in the findings of fact to pose a clear and present danger. (Added 1969, No. 127, § 2, eff. Sept. 1, 1969; amended 2019, No. 131 (Adj. Sess.), § 92.)
2023 Vermont Statutes › Title 16 - Education › Chapter 57 - Labor Relations for Teachers and Administrators › § 2021. Negotiated binding interest arbitration

§ 2021. Negotiated binding interest arbitration
(a) Arbitration shall only occur if the recognized organization and one or more of the school boards agree in writing to submit to binding arbitration for one or more issues remaining in dispute. An agreement to accept binding interest arbitration may not be revoked and shall apply only to the parties to the arbitration.
(b) The parties may mutually agree to accept binding interest arbitration at any time after impasse is reached. If the parties have neither accepted all recommendations of a fact-finder nor reached an independent agreement on all issues in dispute, either the school board or the recognized organization may request binding interest arbitration by written notice to the other party. The parties shall mutually agree on one of the following limitations on the jurisdiction of the arbitrator:
(1) Arbitration under which the award is confined to a choice between one of the following single packages:
(A) The last best offer of the school board.
(B) The last best offer of the recognized organization.
(2) Arbitration under which the award is confined to a choice between one of the following on an issue-by-issue basis:
(A) The last best offer of the school board.
(B) The last best offer of the recognized organization.
(c) A strike, which shall have the same meaning as provided in 21 V.S.A. § 1722(16), shall be prohibited if it occurs after both parties have voluntarily submitted a dispute to final and binding arbitration or after a decision or award has been issued by the arbitrator. A school board may petition for an injunction or other appropriate relief from the Superior Court in the county in which such strike in violation of this section is occurring or is about to occur.
(d) If any provision of this subchapter is inconsistent with any other provision of law governing arbitration, this subchapter shall govern. (Added 1991, No. 196 (Adj. Sess.), § 1; amended 2007, No. 82, § 38; 2019, No. 131 (Adj. Sess.), § 93.)
2023 Vermont Statutes › Title 16 - Education › Chapter 57 - Labor Relations for Teachers and Administrators › § 2022. Selection and decision of arbitrator

§ 2022. Selection and decision of arbitrator
(a) When arbitration has been invoked in accordance with this subchapter, the parties shall within five days mutually select a single arbitrator and each party shall state its final offer on all disputed issues. If the parties fail to select an arbitrator within five days, they shall request the services of the American Arbitration Association for the appointment of an arbitrator.
(b) Within 90 days after the appointment of the arbitrator or another period of time agreed upon by the parties, he or she shall hold a hearing and shall decide all disputed issues within his or her jurisdiction as defined by this chapter, and this award shall become an agreement of the parties. (Added 1991, No. 196 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 16 - Education › Chapter 57 - Labor Relations for Teachers and Administrators › § 2023. Jurisdiction of arbitrator

§ 2023. Jurisdiction of arbitrator
(a) The parties may reach partial agreement on some issues or accept a fact-finder’s recommendations on some issues. The arbitrator shall have the power to determine all issues remaining in dispute involving wages, hours, and conditions of employment as defined by this chapter and any other mutually agreed upon matters not in conflict with law.
(b) At any time prior to the issuance of a decision by the arbitrator, the parties may jointly file with the arbitrator any stipulations setting forth contract provisions that both parties agree to accept. The parties shall submit to the arbitrator their respective positions on all issues in dispute between them in the form of a last best offer.
(c) The arbitrator shall resolve all remaining disputed issues in his or her jurisdiction in accordance with the agreement of the parties. The arbitrator shall incorporate in a written decision the resolution of each disputed issue and an explanation of how the total cost of all offers was considered. (Added 1991, No. 196 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 16 - Education › Chapter 57 - Labor Relations for Teachers and Administrators › § 2024. Judicial appeal

§ 2024. Judicial appeal
Upon application of a party, a Superior Court shall vacate an award on the same grounds as set forth in 21 V.S.A. § 1733(d) and according to the same procedures as set forth in 21 V.S.A. § 1733(e). (Added 1991, No. 196 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 16 - Education › Chapter 57 - Labor Relations for Teachers and Administrators › § 2025. Factors to be considered by arbitrator

§ 2025. Factors to be considered by arbitrator
(a) At the hearing, each party shall have full opportunity to submit all relevant evidence, to introduce relevant documents and written material, and to argue on behalf of its positions. At the hearing, both parties may present evidence regarding the financial capacity of the school district. The arbitrator shall preside over such hearing.
(b) In reaching a decision, the arbitrator shall give weight to the factors listed in subsection (a) of this section, plus the following factors:
(1) the lawful authority of the school board;
(2) stipulations of the parties;
(3) the interest and welfare of the public and the financial ability of the school board to pay for increased costs of public services, including the cost of labor;
(4) comparisons of the wages, hours, and conditions of employment of the employees involved in the dispute with the wages, hours, and conditions of employment of other employees performing similar services in public schools in comparable communities or in private employment in comparable communities;
(5) the average consumer prices for goods and services commonly known as the cost of living;
(6) the overall compensation presently received by the employees, including direct wages, fringe benefits, and continuity conditions and stability of employment, and all other benefits received; and
(7) prior negotiations and existing conditions of other school and municipal employees. (Added 1991, No. 196 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 16 - Education › Chapter 57 - Labor Relations for Teachers and Administrators › § 2026. Notice of award

§ 2026. Notice of award
The arbitrator shall file one copy of the decision with each city or town clerk in the school district involved, the school board, and the recognized organization. The decision of the arbitrator shall be final and binding upon the parties to the dispute. (Added 1991, No. 196 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 16 - Education › Chapter 57 - Labor Relations for Teachers and Administrators › § 2028. Contract ratification annual vote

§ 2028. Contract ratification annual vote
Annually, the employees of the bargaining unit shall meet and discuss whether employees who have chosen not to join the employee organization shall be allowed to vote on the ratification of any collective bargaining agreement entered into pursuant to this chapter. After discussion, employees who are members of the employee organization shall vote on whether to allow employees who have chosen not to join the employee organization to vote on the ratification of any collective bargaining agreement. (Added 2013, No. 37, § 13a.)
2023 Vermont Statutes › Title 16 - Education › Chapter 59 - Interstate Agreement on Qualification of Educational Personnel › § 2041. Purpose, findings, and policy—Article I

§ 2041. Purpose, findings, and policy—Article I
1. To improve their respective school systems by utilizing the teacher or other professional educational person wherever educated, declare that it is the policy of each of them, on the basis of cooperation with one another, to take advantage of the preparation and experience of such persons wherever gained, thereby serving the best interests of society, of education, and of the teaching profession. It is the purpose of this Agreement to provide for the development and execution of such programs of cooperation as will facilitate the movement of teachers and other professional educational personnel among the States party to it and to authorize specific interstate educational personnel contracts to achieve that end.
2. The party States find that included in the large movement of population among all sections of the nation are many qualified educational personnel who move for family and other personal reasons but who are hindered in using their professional skill and experience in their new locations. Variations from State to State in requirements for qualifying educational personnel discourage such personnel from taking the steps necessary to qualify in other States. As a consequence, a significant number of professionally prepared and experienced educators is lost to our school systems. Facilitating the employment of qualified educational personnel, without reference to their States of origin, can increase the available educational resources. Participation in this Compact can increase the availability of educational manpower. (Added 1969, No. 8, § 1 (Art. I).)
2023 Vermont Statutes › Title 16 - Education › Chapter 59 - Interstate Agreement on Qualification of Educational Personnel › § 2042. Definitions—Article II

§ 2042. Definitions—Article II
As used in this Agreement and contracts made pursuant to it, unless the context clearly requires otherwise:
1. “Educational personnel” means persons who must meet requirements pursuant to State law as a condition of employment in educational programs.
2. “Designated State official” means the education official of a State selected by that State to negotiate and enter into, on behalf of his or her State, contracts pursuant to this Agreement.
3. “Accept,” or any variant thereof, means to recognize and give effect to one or more determinations of another State relating to the qualifications of educational personnel in lieu of making or requiring a like determination that would otherwise be required by or pursuant to the laws of a receiving State.
4. “State” means a State, territory, or possession of the United States; the District of Columbia; or the Commonwealth of Puerto Rico.
5. “Originating State” means a State (and the subdivision thereof, if any) whose determination that certain educational personnel are qualified to be employed for specific duties in schools is acceptable in accordance with the terms of a contract made pursuant to Article III.
6. “Receiving State” means a State (and the subdivisions thereof) which accept educational personnel in accordance with the terms of a contract made pursuant to Article III. (Added 1969, No. 8, § 1 (Art. II).)
2023 Vermont Statutes › Title 16 - Education › Chapter 59 - Interstate Agreement on Qualification of Educational Personnel › § 2043. Interstate educational personnel contracts—Article III

§ 2043. Interstate educational personnel contracts—Article III
1. The designated State official of a party State may make one or more contracts on behalf of his or her State with one or more other party States providing for the acceptance of educational personnel. Any such contract for the period of its duration shall be applicable to and binding on the States whose designated state officials enter into it, and the subdivisions of those States, with the same force and effect as if incorporated in this Agreement. A designated state official may enter into a contract pursuant to this Article only with States in which he or she finds that there are programs of education, licensing standards, or other acceptable qualifications that assure preparation or qualification of educational personnel on a basis sufficiently comparable, even though not identical to that prevailing in his or her own State.
2. Any such contract shall provide for:
(a) Its duration.
(b) The criteria to be applied by an originating State in qualifying educational personnel for acceptance by a receiving State.
(c) Such waivers, substitutions, and conditional acceptances as shall aid the practical effectuation of the contract without sacrifice of basic educational standards.
(d) Any other necessary matters.
3. No contract made pursuant to this Agreement shall be for a term longer than five years but any such contract may be renewed for like or lesser periods.
4. Any contract dealing with acceptance of educational personnel on the basis of their having completed an educational program shall specify the earliest date or dates on which originating state approval of the program or programs involved can have occurred. No contract made pursuant to this Agreement shall require acceptance by a receiving State of any persons qualified because of successful completion of a program prior to January 1, 1954.
5. The license or other acceptance of a person who has been accepted pursuant to the terms of a contract shall not be revoked or otherwise impaired because the contract has expired or been terminated. However, any license or other qualifying document may be revoked or suspended on any ground which would be sufficient for revocation or suspension of a license or other qualifying document initially granted or approved in the receiving State.
6. A contract committee composed of the designated state officials of the contracting States or their representatives shall keep the contract under continuous review, study means of improving its administration, and report no less frequently than once a year to the heads of the appropriate education agencies of the contracting States. (Added 1969, No. 8, § 1 (Art. III); amended 1989, No. 118, § 3.)
2023 Vermont Statutes › Title 16 - Education › Chapter 59 - Interstate Agreement on Qualification of Educational Personnel › § 2044. Approved and accepted programs—Article IV

§ 2044. Approved and accepted programs—Article IV
1. Nothing in this Agreement shall be construed to repeal or otherwise modify any law or regulation of a party State relating to the approval of programs of educational preparation having effect solely on the qualification of educational personnel within that State.
2. To the extent that contracts made pursuant to this Agreement deal with the educational requirements for the proper qualification of educational personnel, acceptance of a program of educational preparation shall be in accordance with such procedures and requirements as may be provided in the applicable contract. (Added 1969, No. 8, § 1 (Art. IV).)
2023 Vermont Statutes › Title 16 - Education › Chapter 59 - Interstate Agreement on Qualification of Educational Personnel › § 2045. Interstate cooperation—Article V

§ 2045. Interstate cooperation—Article V
The party States agree that:
1. They will, so far as practicable, prefer the making of multilateral contracts pursuant to Article III of this Agreement.
2. They will facilitate and strengthen cooperation in interstate licensing and other elements of educational personnel qualification and for this purpose shall cooperate with agencies, organizations, and associations interested in licensing and other elements of educational personnel qualification. (Added 1969, No. 8, § 1 (Art. V); amended 1989, No. 118, § 3.)
2023 Vermont Statutes › Title 16 - Education › Chapter 59 - Interstate Agreement on Qualification of Educational Personnel › § 2046. Agreement evaluation—Article VI

§ 2046. Agreement evaluation—Article VI
The designated state officials of any party States may meet from time to time as a group to evaluate progress under the Agreement and to formulate recommendations for changes. (Added 1969, No. 8, § 1 (Art. VI).)
2023 Vermont Statutes › Title 16 - Education › Chapter 59 - Interstate Agreement on Qualification of Educational Personnel › § 2047. Other arrangements—Article VII

§ 2047. Other arrangements—Article VII
Nothing in this Agreement shall be construed to prevent or inhibit other arrangements or practices of any party State or States to facilitate the interchange of educational personnel. (Added 1969, No. 8, § 1 (Art. VII).)
2023 Vermont Statutes › Title 16 - Education › Chapter 59 - Interstate Agreement on Qualification of Educational Personnel › § 2048. Effect and withdrawal—Article VIII

§ 2048. Effect and withdrawal—Article VIII
1. This Agreement shall become effective when enacted into law by two States. Thereafter it shall become effective as to any State upon its enactment of this Agreement.
2. Any party State may withdraw from this Agreement by enacting a statute repealing the same, but no such withdrawal shall take effect until one year after the Governor of the withdrawing State has given notice in writing of the withdrawal to the Governors of all other party States.
3. No withdrawal shall relieve the withdrawing State of any obligation imposed upon it by a contract to which it is a party. The duration of contracts and the methods and conditions of withdrawal therefrom shall be those specified in their terms. (Added 1969, No. 8, § 1 (Art. VIII).)