reglab/statecodes huggingface dataset:
2023 Vermont Statutes › Title 15C - Parentage Proceedings › Chapter 7 - Parentage by Assisted Reproduction › § 704. Consent to assisted reproduction

§ 704. Consent to assisted reproduction
(a)(1) A person who intends to be a parent of a child born through assisted reproduction shall consent to such in a signed record that is executed by each intended parent and provides that the signatories consent to the use of assisted reproduction to conceive a child with the intent to parent the child.
(2) Consent pursuant to subdivision (1) of this subsection, executed via a form made available by the Department of Health, shall be accepted and relied upon for purposes of issuing a birth record.
(b) In the absence of a record pursuant to subsection (a) of this section, a court may adjudicate a person as the parent of a child if it finds by a preponderance of the evidence that:
(1) prior to conception or birth of the child, the parties entered into an agreement that they both intended to be the parents of the child; or
(2) the person resided with the child after birth and undertook to develop a parental relationship with the child. (Added 2017, No. 162 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 15C - Parentage Proceedings › Chapter 7 - Parentage by Assisted Reproduction › § 705. Limitation on spouse’s dispute of parentage

§ 705. Limitation on spouse’s dispute of parentage
(a) Except as otherwise provided in subsection (b) of this section, a spouse may commence a proceeding to challenge his or her parentage of a child born by assisted reproduction during the marriage within two years after the birth of the child if the court finds that the spouse did not consent to the assisted reproduction before, on, or after the birth of the child or that the spouse withdrew consent pursuant to section 706 of this title.
(b) A spouse or the person who gave birth to the child may commence a proceeding to challenge the spouse’s parentage of a child born by assisted reproduction at any time if the court determines:
(1) the spouse neither provided a gamete for, nor consented to, the assisted reproduction;
(2) the spouse and the person who gave birth to the child have not cohabited since the probable time of assisted reproduction; and
(3) the spouse never openly held out the child as the spouse’s child.
(c) This section shall apply to a spouse’s dispute of parentage even if the spouse’s marriage is declared invalid after assisted reproduction occurs. (Added 2017, No. 162 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 15C - Parentage Proceedings › Chapter 7 - Parentage by Assisted Reproduction › § 706. Effect of dissolution of marriage or withdrawal of consent

§ 706. Effect of dissolution of marriage or withdrawal of consent
(a) If a marriage is dissolved before transfer or implantation of gametes or embryos, the former spouse is not a parent of the resulting child unless the former spouse consented in a signed record with notice to the other spouse and the person giving birth that, if assisted reproduction were to occur after a divorce, the former spouse would be a parent of the child.
(b) Consent of a person to assisted reproduction pursuant to section 704 of this title may be withdrawn by that person in a signed record with notice to the person giving birth and any other intended parent before transfer or implantation of gametes or embryos. A person who withdraws consent under this subsection is not a parent of the resulting child. (Added 2017, No. 162 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 15C - Parentage Proceedings › Chapter 7 - Parentage by Assisted Reproduction › § 707. Parental status of deceased person

§ 707. Parental status of deceased person
(a) If a person who intends to be a parent of a child conceived by assisted reproduction dies during the period between the transfer of a gamete or embryo and the birth of the child, the person’s death does not preclude the establishment of the person’s parentage of the child if the person otherwise would be a parent of the child under this chapter.
(b)(1) If a person who consented in a record to assisted reproduction by the person giving birth to the child dies before transfer or implantation of gametes or embryos, the deceased person is not a parent of a child conceived by assisted reproduction unless:
(A) the deceased person consented in a record that if assisted reproduction were to occur after the death of the deceased person, the deceased person would be a parent of the child; or
(B) the deceased person’s intent to be a parent of a child conceived by assisted reproduction after the person’s death is established by a preponderance of the evidence.
(2) A person is a parent of a child conceived by assisted reproduction under subdivision (1) of this subsection only if:
(A) the embryo is in utero not later than 36 months after the person’s death; or
(B) the child is born not later than 45 months after the person’s death. (Added 2017, No. 162 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 15C - Parentage Proceedings › Chapter 7 - Parentage by Assisted Reproduction › § 708. Birth and parentage orders

§ 708. Birth and parentage orders
(a) A party consenting to assisted reproduction, a person who is a parent pursuant to sections 702-704 of this title, an intended parent or parents, or the person giving birth may commence a proceeding in the Probate Division of the Superior Court to obtain an order and judgment of parentage doing any of the following:
(1) declaring that the intended parent or parents are the parent or parents of the resulting child and ordering that parental rights and responsibilities vest exclusively in the intended parent or parents immediately upon the birth of the child;
(2) except as provided in subsection (d) of this section, sealing the record from the public to protect the privacy of the child and the parties;
(3) designating the contents of the birth certificate and directing the Department of Health to designate the intended parent or parents as the parent or parents of the child; or
(4) for any relief that the court determines necessary and proper.
(b) A proceeding under this section may be commenced before or after the birth of the child.
(c) Neither the donor, the State, nor the Department of Health is a necessary party to a proceeding under this section.
(d) The Probate Division of the Superior Court shall forward a certified copy of the order issued pursuant to this section to the Department of Health and to the intended parents or their representative.
(e) The intended parent or parents and any resulting child shall have access to the court records relating to the proceeding at any time. (Added 2017, No. 162 (Adj. Sess.), § 1; amended 2019, No. 24, § 4.)
2023 Vermont Statutes › Title 15C - Parentage Proceedings › Chapter 7 - Parentage by Assisted Reproduction › § 709. Laboratory error

§ 709. Laboratory error
If due to a laboratory error the child is not genetically related to either of the intended parents, the intended parents are the parents of the child unless otherwise determined by the court. (Added 2017, No. 162 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 15C - Parentage Proceedings › Chapter 8 - Parentage by Gestational Carrier Agreement › § 801. Eligibility to enter gestational carrier agreement

§ 801. Eligibility to enter gestational carrier agreement
(a) In order to execute an agreement to act as a gestational carrier, a person shall:
(1) be at least 21 years of age;
(2) have completed a medical evaluation that includes a mental health consultation;
(3) have had independent legal representation of the person’s own choosing and paid for by the intended parent or parents regarding the terms of the gestational carrier agreement and have been advised of the potential legal consequences of the gestational carrier agreement; and
(4) not have contributed gametes that will ultimately result in an embryo that the gestational carrier will attempt to carry to term, unless the gestational carrier is entering into an agreement with a family member.
(b) Prior to executing a gestational carrier agreement, a person or persons intending to become a parent or parents, whether genetically related to the child or not, shall:
(1) be at least 21 years of age;
(2) have completed a medical evaluation and mental health consultation; and
(3) have retained independent legal representation regarding the terms of the gestational carrier agreement and have been advised of the potential legal consequences of the gestational carrier agreement. (Added 2017, No. 162 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 15C - Parentage Proceedings › Chapter 8 - Parentage by Gestational Carrier Agreement › § 803. Parentage; parental rights and responsibilities

§ 803. Parentage; parental rights and responsibilities
(a)(1) If a gestational carrier agreement satisfies the requirements of this chapter, the intended parent or parents are the parent or parents of the resulting child immediately upon the birth of the child, and the resulting child is considered the child of the intended parent or parents immediately upon the birth of the child. Neither the gestational carrier nor the gestational carrier’s spouse, if any, is the parent of the resulting child.
(2) A person who is determined to be a parent of the resulting child is obligated to support the child. The breach of the gestational carrier agreement by the intended parent or parents does not relieve the intended parent or parents of the obligation to support the resulting child.
(3) Notwithstanding subdivisions (1) and (2) of this subsection, if genetic testing indicates a genetic relationship between the gestational carrier and the child, parentage shall be determined by the Family Division of the Superior Court pursuant to chapters 1 through 6 of this title.
(b) Parental rights and responsibilities shall vest exclusively in the intended parent or parents immediately upon the birth of the resulting child.
(c) If due to a laboratory error, the resulting child is not genetically related to either the intended parent or parents or any donor who donated to the intended parent or parents, the intended parent or parents are considered the parent or parents of the child. (Added 2017, No. 162 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 15C - Parentage Proceedings › Chapter 8 - Parentage by Gestational Carrier Agreement › § 804. Birth and parentage orders

§ 804. Birth and parentage orders
(a) Before or after the birth of a resulting child, a party to a gestational carrier agreement may commence a proceeding in the Probate Division of the Superior Court to obtain an order and judgment of parentage doing any of the following:
(1) Declaring that the intended parent or parents are the parent or parents of the resulting child and ordering that parental rights and responsibilities vest exclusively in the intended parent or parents immediately upon the birth of the child.
(2) Declaring that the gestational carrier or her spouse, if any, are not the parents of the resulting child.
(3) Designating the contents of the birth certificate and directing the Department of Health to designate the intended parent or parents as the parent or parents of the child. The Department of Health may charge a reasonable fee for the issuance of a birth certificate.
(4) Sealing the record from the public to protect the privacy of the child and the parties.
(5) Providing any relief the court determines necessary and proper.
(b) Neither the State nor the Department of Health is a necessary party to a proceeding under subsection (a) of this section.
(c) The Probate Division of the Superior Court shall forward a certified copy of the order issued pursuant to this section to the Department of Health and to the intended parents or their representative.
(d) The intended parent or parents and any resulting child shall have access to their court records at any time. (Added 2017, No. 162 (Adj. Sess.), § 1; amended 2019, No. 24, § 5.)
2023 Vermont Statutes › Title 15C - Parentage Proceedings › Chapter 8 - Parentage by Gestational Carrier Agreement › § 805. Exclusive, continuing jurisdiction

§ 805. Exclusive, continuing jurisdiction
Subject to the jurisdictional standards of 15 V.S.A. § 1071, the court conducting a proceeding under this chapter has exclusive, continuing jurisdiction of all matters arising out of the gestational carrier agreement until a child born to the gestational carrier during the period governed by the agreement attains the age of 180 days. (Added 2017, No. 162 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 15C - Parentage Proceedings › Chapter 8 - Parentage by Gestational Carrier Agreement › § 806. Termination of gestational carrier agreement

§ 806. Termination of gestational carrier agreement
(a) A party to a gestational carrier agreement may withdraw consent to any medical procedure and may terminate the gestational carrier agreement at any time prior to any embryo transfer or implantation by giving written notice of termination to all other parties.
(b) Upon termination of the gestational carrier agreement under subsection (a) of this section, the parties are released from all obligations recited in the agreement except that the intended parent or parents remain responsible for all expenses that are reimbursable under the agreement incurred by the gestational carrier through the date of termination. The gestational carrier is entitled to keep all payments received and obtain all payments to which the gestational carrier is entitled. Neither a prospective gestational carrier nor the gestational carrier’s spouse, if any, is liable to the intended parent or parents for terminating a gestational carrier agreement. (Added 2017, No. 162 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 15C - Parentage Proceedings › Chapter 8 - Parentage by Gestational Carrier Agreement › § 807. Gestational carrier agreement; effect of subsequent change of marital status

§ 807. Gestational carrier agreement; effect of subsequent change of marital status
Unless a gestational carrier agreement expressly provides otherwise:
(1) the marriage of a gestational carrier or of an intended parent after the agreement has been signed by all parties does not affect the validity of the agreement, the gestational carrier’s spouse’s consent or intended parent’s spouse’s consent to the agreement is not required, and the gestational carrier’s spouse or intended parent’s spouse is not a presumed parent of a child conceived by assisted reproduction under the agreement; and
(2) the divorce, dissolution, annulment, or legal separation of the gestational carrier or of an intended parent after the agreement has been signed by all parties does not affect the validity of the agreement. (Added 2017, No. 162 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 15C - Parentage Proceedings › Chapter 8 - Parentage by Gestational Carrier Agreement › § 808. Effect of noncompliance; standard of review; remedies

§ 808. Effect of noncompliance; standard of review; remedies
(a) Not enforceable. A gestational carrier agreement that does not meet the requirements of this chapter is not enforceable.
(b) Standard of review. In the event of noncompliance with the requirements of this chapter or with a gestational carrier agreement, the Family Division of the Superior Court shall determine the respective rights and obligations of the parties to the gestational carrier agreement, including evidence of the intent of the parties at the time of execution.
(c) Remedies. Except as expressly provided in a gestational carrier agreement and in subsection (d) of this section, in the event of a breach of the gestational carrier agreement by the gestational carrier or the intended parent or parents, the gestational carrier or the intended parent or parents are entitled to all remedies available at law or in equity.
(d) Genetic testing. If a person alleges that the parentage of a child born to a gestational carrier is not the result of assisted reproduction, and this question is relevant to the determination of parentage, the court may order genetic testing.
(e) Specific performance. Specific performance is not an available remedy for a breach by the gestational carrier of any term in a gestational carrier agreement that requires the gestational carrier to be impregnated or to terminate a pregnancy. Specific performance is an available remedy for a breach by the gestational carrier of any term that prevents the intended parent or parents from exercising the full rights of parentage immediately upon the birth of the child. (Added 2017, No. 162 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 15C - Parentage Proceedings › Chapter 8 - Parentage by Gestational Carrier Agreement › § 809. Liability for payment of gestational carrier health care costs

§ 809. Liability for payment of gestational carrier health care costs
(a) The intended parent or parents are liable for the health care costs of the gestational carrier that are not paid by insurance. As used in this section, “health care costs” means the expenses of all health care provided for assisted reproduction, prenatal care, labor, and delivery.
(b) A gestational carrier agreement shall explicitly detail how the health care costs of the gestational carrier are paid. The breach of a gestational carrier agreement by a party to the agreement does not relieve the intended parent or parents of the liability for health care costs imposed by subsection (a) of this section.
(c) This section is not intended to supplant any health insurance coverage that is otherwise available to the gestational carrier or an intended parent for the coverage of health care costs. This section does not change the health insurance coverage of the gestational carrier or the responsibility of the insurance company to pay benefits under a policy that covers a gestational carrier. (Added 2017, No. 162 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 16 - Education › Chapter 1 - Administration Generally › § 1. Right to equal educational opportunity

§ 1. Right to equal educational opportunity
The right to public education is integral to Vermont’s constitutional form of government and its guarantees of political and civil rights. Further, the right to education is fundamental for the success of Vermont’s children in a rapidly-changing society and global marketplace as well as for the State’s own economic and social prosperity. To keep Vermont’s democracy competitive and thriving, Vermont students must be afforded substantially equal access to a quality basic education. However, one of the strengths of Vermont’s education system lies in its rich diversity and the ability for each local school district to adapt its educational program to local needs and desires. Therefore, it is the policy of the State that all Vermont children will be afforded educational opportunities that are substantially equal although educational programs may vary from district to district. (Added 1997, No. 60, § 2, eff. June 26, 1997.)
2023 Vermont Statutes › Title 16 - Education › Chapter 1 - Administration Generally › § 12. Oath

§ 12. Oath
A superintendent; a principal or teacher in a public school of the State; a professor, instructor, or teacher who will be employed by a university or college in the State that is supported in whole or in part by public funds; or a headmaster or teacher who will be employed by an independent school or other educational institution accepted by the Agency as furnishing equivalent education, before entering upon the discharge of his or her duties, shall subscribe to an oath or affirmation to support the U.S. Constitution, the Vermont Constitution, and all State and federal laws; provided, however, that an oath shall not be required of any person who is a citizen of a foreign country. (Added 1969, No. 298 (Adj. Sess.), § 11; amended 1991, No. 24, § 11; 2013, No. 92 (Adj. Sess.), § 2, eff. Feb. 14, 2014.)
2023 Vermont Statutes › Title 16 - Education › Chapter 1 - Administration Generally › § 13. Gifted and talented children

§ 13. Gifted and talented children
(a) “Gifted and talented children” means children identified by professionally qualified persons who, when compared to others of their age, experience, or environment, exhibit capability of high performance in intellectual, creative, or artistic areas, possess an unusual capacity for leadership, or excel in specific academic fields.
(b) It is the intent of the General Assembly that those who provide educational services to children be encouraged to apply for any available funding that will help to provide teacher training and other services for the benefit of gifted and talented children.
(c) Nothing in this section shall create an additional entitlement to educational or other services. (Added 1995, No. 139 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 16 - Education › Chapter 1 - Administration Generally › § 41. Authority of Agency to use federal funds to aid education

§ 41. Authority of Agency to use federal funds to aid education
(a) The Agency of Education is designated as the sole state agency to establish and administer any statewide plan required as a condition for receipt of federal funds made available to the State for any educational purposes, including career technical education and adult education and literacy. The Agency shall also be the agency to accept and administer federal funds that require administration by a state education agency having jurisdiction of elementary and secondary education.
(b) Subject to the approval of the Governor, the Agency may accept and use federal funds. It may establish criteria and procedures to conform with any requirements established for the use of the funds and may take such other action as may be required to comply with any condition for receipt of federal aid. (Added 1969, No. 298 (Adj. Sess.), § 19; amended 1975, No. 147 (Adj. Sess.), § 1; 1983, No. 247 (Adj. Sess.), § 2; 1991, No. 204 (Adj. Sess.), § 7; 2009, No. 44, § 29, eff. May 21, 2009; 2013, No. 92 (Adj. Sess.), §§ 17, 302, eff. Feb. 14, 2014.)
2023 Vermont Statutes › Title 16 - Education › Chapter 1 - Administration Generally › § 42. Acceptance, distribution, and accounting of federal funds

§ 42. Acceptance, distribution, and accounting of federal funds
(a) The State Treasurer, acting upon the order of the Secretary, shall accept, distribute, and account for federal funds available for use by the Agency. Funds shall be distributed and accounted for by the State Treasurer in accordance with the laws of Vermont, but if there is a conflict between those laws and the laws or regulations of the United States, then federal law shall apply. The Secretary shall prepare and submit federally required statements of funds received and disbursed. The Secretary shall cause an audit to be made of the federal funds and shall submit a copy of the audit as required by federal law. The audit shall be supported by any reports from the supervisory union, local school districts, or other recipients of federal funds as may be required by the Secretary or the federal government.
(b) The State Treasurer may directly deposit checks payable to a supervisory union or any school district within it or may deliver checks to the superintendent of the supervisory union. (Added 1969, No. 298 (Adj. Sess.), § 20; amended 1987, No. 228 (Adj. Sess.), § 8; 2013, No. 92 (Adj. Sess.), § 18, eff. Feb. 14, 2014.)
2023 Vermont Statutes › Title 16 - Education › Chapter 1 - Administration Generally › § 43. Federal education aid funds; administration; local education agency

§ 43. Federal education aid funds; administration; local education agency
(a) The Agency, as sole state agency, may administer federal funds made available to the State under the Elementary and Secondary Education Act of 1965, Public L. No. 89-10, as amended, and the No Child Left Behind Act of 2001, Public L. No. 107-110. Those funds may be accepted and shall be distributed and accounted for by the State Treasurer in accordance with that law and rules and regulations of the United States issued under it if there is conflict between that law or those rules and regulations and the laws of this State.
(b) For purposes of distribution of funds under this section, a supervisory union shall be a local education agency as that term is defined in 20 U.S.C. § 7801(26).
(c) For purposes of determining student performance and application of consequences for failure to meet standards and for provision of compensatory and remedial services pursuant to 20 U.S.C. §§ 6311-6318, a supervisory union shall be a local education agency. (Added 1965, No. 190, eff. June 30, 1965; amended 2003, No. 64, § 1; 2003, No. 114 (Adj. Sess.), § 1; 2013, No. 92 (Adj. Sess.), § 19, eff. Feb. 14, 2014; 2015, No. 46, § 42, eff. July 1, 2016.)
2023 Vermont Statutes › Title 16 - Education › Chapter 1 - Administration Generally › § 44. Federal funds; school food programs

§ 44. Federal funds; school food programs
The Agency is authorized to accept and use federal funds made available to the State for school food programs under the National School Lunch Act, the Child Nutrition Act, and any amendments to those laws. (Added 1969, No. 298 (Adj. Sess.), § 23; amended 2013, No. 92 (Adj. Sess.), § 21, eff. Feb. 14, 2014.)
2023 Vermont Statutes › Title 16 - Education › Chapter 1 - Administration Generally › § 111. Purpose of Council

§ 111. Purpose of Council
In order to increase the opportunities for Vermonters and visitors to Vermont to view, enjoy, and participate in the visual and performing arts, a group of people devoted to the practices of architecture, painting, sculpture, photography, music, dance, drama, crafts, literature, and other related arts have formed the Vermont Council on the Arts, Inc. (Council). The Council is a nonprofit organization formed for the purpose of coordinating and encouraging schools, organizations, and individuals in their several artistic and cultural activities. (Added 1965, No. 170, § 1, eff. June 30, 1965; amended 2019, No. 131 (Adj. Sess.), § 49.)
2023 Vermont Statutes › Title 16 - Education › Chapter 1 - Administration Generally › § 112. Designation as state agency

§ 112. Designation as state agency
The Council is designated as the state agency to formulate and apply for grants-in-aid to the State under the National Arts and Cultural Development Act of 1964, as amended. (Added 1965, No. 170, § 2, eff. June 30, 1965; amended 2019, No. 131 (Adj. Sess.), § 50.)
2023 Vermont Statutes › Title 16 - Education › Chapter 1 - Administration Generally › § 114. Revolving loan fund

§ 114. Revolving loan fund
There is established for the Council on the Arts a revolving loan fund of $3,000.00 to enable needy persons and groups to purchase supplies useful in their art or craft. Funds may be loaned under terms and conditions of repayment as the Council directs, and the Council may adjust or forgive any amount owed to the fund. The Council shall repay all amounts so adjusted or forgiven from its general appropriation. (Added 1979, No. 74, § 347.)
2023 Vermont Statutes › Title 16 - Education › Chapter 1 - Administration Generally › § 126. Purpose of the Council

§ 126. Purpose of the Council
In order to increase the opportunities of Vermonters and visitors to Vermont to take part in and enjoy programs in the humanities, a group of people devoted to history, philosophy, languages, linguistics, literature, archeology, jurisprudence, ethics, comparative religion, the theory and criticism of the arts, and related fields has formed the Vermont Humanities Council, a nonprofit organization for the purpose of assisting and encouraging libraries, schools, museums, colleges, universities, and other organizations in their several cultural and educational activities in the humanities. (Added 1991, No. 105; amended 2003, No. 66, § 250.)
2023 Vermont Statutes › Title 16 - Education › Chapter 1 - Administration Generally › § 127. Designation

§ 127. Designation
The Vermont Humanities Council is designated as the nonprofit organization in the State to apply for funds distributed by the Division of State Programs, or its successor programs, of the National Endowment for the Humanities under the National Foundation of the Arts and Humanities Act of 1965, as amended. (Added 1991, No. 105; amended 2003, No. 66, § 250; amended 2019, No. 131 (Adj. Sess.), § 51.)
2023 Vermont Statutes › Title 16 - Education › Chapter 1 - Administration Generally › § 132. Secondary schools; provision of contraceptives

§ 132. Secondary schools; provision of contraceptives
In order to prevent or reduce unintended pregnancies and sexually transmitted diseases, each school district shall make condoms available to all students in its secondary schools, free of charge. School district administrative teams, in consultation with school district nursing staff, shall determine the best manner in which to make condoms available to students. At a minimum, condoms shall be placed in locations that are safe and readily accessible to students, including the school nurse’s office. (Added 2019, No. 157 (Adj. Sess.), § 4, eff. July 1, 2021.)
2023 Vermont Statutes › Title 16 - Education › Chapter 1 - Administration Generally › § 133. Supervisor; comprehensive health education

§ 133. Supervisor; comprehensive health education
(a) The Secretary with the approval of the State Board may appoint one qualified person to supervise the preparation of appropriate curricula for use in the public schools, to promote programs for the preparation of teachers to teach these curricula, and to assist in the development of comprehensive health education programs.
(b) [Repealed.]
(c) Vermont school districts may include a module within the secondary school health class curricula relating to cervical cancer and the human papillomavirus. The Agency shall work with relevant medical authorities to update the current model module to reflect up-to-date information and practices for health education in this area. (Added 1977, No. 131 (Adj. Sess.), § 1, eff. March 3, 1978; amended 2007, No. 203 (Adj. Sess.), § 22, eff. June 10, 2008; 2013, No. 92 (Adj. Sess.), § 3, eff. Feb. 14, 2014.)
2023 Vermont Statutes › Title 16 - Education › Chapter 1 - Administration Generally › § 134. Religious exemption

§ 134. Religious exemption
Any student whose parent shall present to the school principal a signed statement that the teaching of disease, its symptoms, development, and treatment, conflicts with the parents’ religious convictions shall be exempt from such instruction, and no child so exempt shall be penalized by reason of that exemption. (Added 1977, No. 131 (Adj. Sess.), § 1, eff. March 3, 1978; amended 1987, No. 270 (Adj. Sess.), § 2.)
2023 Vermont Statutes › Title 16 - Education › Chapter 1 - Administration Generally › § 135. Program development; community advisory council

§ 135. Program development; community advisory council
(a) The Agency shall offer assistance to school districts and supervisory unions to provide teacher instruction in comprehensive health education.
(b) Any school district board or supervisory union board may establish a comprehensive health education community advisory council to assist the school board in developing and implementing comprehensive health education. The school board shall provide public notice to the community to allow all interested parties to apply for appointment. The school board shall endeavor to appoint members who represent various points of view within the community regarding comprehensive health education. (Added 1987, No. 270 (Adj. Sess.), § 3; amended 2013, No. 92 (Adj. Sess.), § 4, eff. Feb. 14, 2014.)
2023 Vermont Statutes › Title 16 - Education › Chapter 1 - Administration Generally › § 140. Tobacco use prohibited on public school grounds

§ 140. Tobacco use prohibited on public school grounds
No person shall be permitted to use tobacco products or tobacco substitutes as defined in 7 V.S.A. § 1001 on public school grounds or at public school sponsored functions. Public school boards may adopt policies that include confiscation and appropriate referrals to law enforcement authorities. (Added 1987, No. 162 (Adj. Sess.), § 4; amended 1995, No. 52, § 1; 1997, No. 58, § 10; 2013, No. 135 (Adj. Sess.), § 4; 2017, No. 74, § 21.)
2023 Vermont Statutes › Title 16 - Education › Chapter 3 - State Board of Education › § 161. State Board of Education; appointment of members; term; vacancy

§ 161. State Board of Education; appointment of members; term; vacancy
The State Board shall consist of ten members. Two of the members shall be secondary students, one of whom shall be a full member and the other of whom shall be a junior member who may not vote. All members shall be appointed by the Governor with the advice and consent of the Senate. In the appointment of the nonstudent members, priority shall be given to the selection of persons with a demonstrated commitment to ensuring quality education for Vermont students. To the extent possible, the members shall represent the State’s geographic, gender, racial, and ethnic diversity. The Secretary shall serve on the State Board as a nonvoting member.
(1) Upon the expiration of the respective terms of those members of the Board previously appointed, excluding the student members, the Governor shall, biennially in the month of February with the advice and consent of the Senate, appoint members for terms of six years. The terms shall begin March 1 of the year in which the appointments are made. A member serving a term of six years shall not be eligible for reappointment for successive terms.
(2) In the event of any vacancy occurring in the membership of the Board, the Governor shall fill the vacancy with a qualified person whose appointment shall be for the unexpired portion of the term.
(3) Biennially, the Board shall choose a member of the Board to be its chair.
(4) Annually, using an application process that is open and accessible to all eligible students, the Governor shall appoint a Vermont secondary school student who will continue to be a secondary student for at least two years following taking office, to serve on the State Board for two years, beginning on July 1 of the year of appointment. The student member shall not vote during the first year and shall be a full and voting member during the second year of his or her term. (Added 1969, No. 298 (Adj. Sess.), § 12; amended 1975, No. 48, § 2, eff. date, at end of chair’s term; 1997, No. 34, § 1; 1999, No. 74 (Adj. Sess.), § 1, eff. March 27, 2000; 2011, No. 98 (Adj. Sess.), § 2, eff. Jan. 1, 2013; 2019, No. 131 (Adj. Sess.), § 52; 2021, No. 66, § 19, eff. June 7, 2021.)
2023 Vermont Statutes › Title 16 - Education › Chapter 3 - State Board of Education › § 162. Removal of Board members

§ 162. Removal of Board members
After notice and hearing, the Governor may remove a member of the State Board for incompetency, failure to discharge his or her duties, malfeasance, illegal acts, or other cause inimical to the welfare of the public schools; and in case of such removal, he or she shall appoint a person to fill the unexpired term. (Added 1969, No. 298 (Adj. Sess.), § 13.)
2023 Vermont Statutes › Title 16 - Education › Chapter 3 - State Board of Education › § 163. Staff; meetings

§ 163. Staff; meetings
(a) The Board shall be supported by adequate staff, who shall report to the Board.
(b) The Board shall meet monthly and shall hold special meetings as required for the performance of its duties. The times and places for regular and special meetings shall be designated by the Chair of the Board. The Chair shall call a special meeting upon the written request of any two members. (Added 1969, No. 298 (Adj. Sess.), § 14; amended 2011, No. 98 (Adj. Sess.), § 3, eff. April 1, 2013.)
2023 Vermont Statutes › Title 16 - Education › Chapter 3 - State Board of Education › § 164a. Statewide Strategic Education Plan

§ 164a. Statewide Strategic Education Plan
Beginning on July 1, 1998, the State Board shall adopt through a public process a statewide strategic education plan to describe how the Agency will help school boards to improve student performance. The State Board shall update and readopt the plan at least every five years. The goals of the plan shall be to strengthen coherence and consistency among State and local education goals, standards for student performance, assessments, professional development opportunities, and action plans and to provide support for local curriculum development. The plan shall include information as to the economic costs of implementation and the education benefits to be derived. (Added 1997, No. 60, § 6, eff. June 26, 1997; 2013, No. 92 (Adj. Sess.), §§ 10, 11, eff. Feb. 14, 2014.)
2023 Vermont Statutes › Title 16 - Education › Chapter 3 - State Board of Education › § 167. High school equivalence certificate

§ 167. High school equivalence certificate
The State Board is authorized to grant high school equivalency certificates to any person who has not been graduated from a high school on the basis of credits earned in the U.S. Armed Forces, credits earned in approved schools for adults, or satisfactory scores obtained on approved examinations. (Added 1969, No. 298 (Adj. Sess.), § 18.)
2023 Vermont Statutes › Title 16 - Education › Chapter 3 - State Board of Education › § 167a. Contract for sale and distribution of historical textbook

§ 167a. Contract for sale and distribution of historical textbook
(a) The State Board may contract with the Vermont Historical Society or other organization or organizations that it deems responsible to permit the use of any rights and physical properties owned by the State of Vermont in the textbook, “Vermont, A History of the Green Mountain State” for reproduction of the textbook for sale and distribution to the general public.
(b) The contracts shall provide among other provisions:
(1) that libraries and public or private schools located within the State shall be allowed to purchase an adequate number of copies of the textbook for their own use at the actual cost of publication exclusive of promotional costs; and
(2) that sales of the textbook to purchasers other than schools and libraries in the State of Vermont shall include provision for payment of royalty approved by the State Board to Edmund Fuller, author, but not to exceed 15 percent of the total retail selling price, the royalty to be paid by the organization or organizations; and
(3) that there shall be paid into the State Treasury by the organization or organizations for the use of the State a percentage of the retail selling price of each textbook sold to the general public, the percentage to be agreed upon between the State Board and the organization or organizations. (Added 1969, No. 298 (Adj. Sess.), § 24; 2013, No. 92 (Adj. Sess.), § 15, eff. Feb. 14, 2014.)
2023 Vermont Statutes › Title 16 - Education › Chapter 3 - State Board of Education › § 170. Control by federal agencies prohibited

§ 170. Control by federal agencies prohibited
No department, agency, officer, or employee of the United States shall, because of any provision of this title, direct, supervise, control, or prescribe in any manner, the administration, personnel, curriculum, or instruction in the public schools of Vermont. (Added 1969, No. 298 (Adj. Sess.), § 21.)
2023 Vermont Statutes › Title 16 - Education › Chapter 3 - State Board of Education › § 177. Postsecondary approval; fees

§ 177. Postsecondary approval; fees
(a) A postsecondary school subject to section 176 of this title shall pay:
(1) a fee of $4,000.00 for an application for approval to offer credit-bearing courses;
(2) a fee of $5,000.00 for an application for degree-granting authority if the postsecondary school is approved to offer credit-bearing courses; and
(3) a fee of $7,500.00 if the school seeks approval under subdivisions (1) and (2) of this subsection simultaneously.
(b) If a postsecondary school that is subject to section 176 of this title and is operating within an unexpired certification period files an application to offer a new degree at the same level as a degree previously approved by the State Board, then the fee shall be based upon the actual costs to the Agency but shall not be less than $1,000.00 for each new degree.
(c) A postsecondary school subject to section 176a of this title shall pay:
(1) the fees set forth in subsection (a) of this section for initial review and approval pursuant to subdivision 176a(c)(3) of this title;
(2) a fee of $1,000.00 for initial registration with the Agency pursuant to subdivision 176a(c)(5) of this title; and
(3) an annual fee of $500.00 to renew its registration to operate in Vermont pursuant to subsection 176a(d) of this title.
(d) Fees assessed under this section are not refundable.
(e) Fees assessed under this section shall be credited to a special fund established and managed pursuant to 32 V.S.A. chapter 7, subchapter 5, and shall be available to the Agency to offset the costs of approval. (Added 1989, No. 263 (Adj. Sess.), § 3, eff. June 20, 1990; amended 1997, No. 59, § 24, eff. June 30, 1997; 2003, No. 70 (Adj. Sess.), § 25, eff. March 1, 2004; 2011, No. 58, § 21, eff. May 31, 2011; 2013, No. 92 (Adj. Sess.), § 25, eff. Feb. 14, 2014.)
2023 Vermont Statutes › Title 16 - Education › Chapter 3 - State Board of Education › § 178. Harassment and hazing prevention policies; postsecondary schools

§ 178. Harassment and hazing prevention policies; postsecondary schools
(a) The board of trustees or other governing body of each postsecondary school operating in Vermont shall adopt and ensure enforcement of a policy establishing that harassment as defined in subdivision 11(a)(26) of this title is a form of unlawful discrimination and therefore prohibited. The board shall also require the establishment of procedures to address complaints of discriminatory harassment and to initiate educational programs designed to prevent such conduct.
(b) The board of trustees or other governing body of each postsecondary school operating in Vermont shall adopt and ensure enforcement of a policy prohibiting hazing, which shall define hazing in a manner that is at least as stringent as the definition contained in subdivision 11(a)(30) of this title. The policy shall include penalties or sanctions, or both, for organizations that or individuals who engage in hazing; revocation or suspension of an organization’s permission to operate or exist within the institution’s purview if that organization knowingly permits, authorizes, or condones hazing; and clear delineation of circumstances under which hazing will be reported to a law enforcement agency. A summary of the policy shall be distributed to all students at least annually. (Added 2009, No. 106 (Adj. Sess.), § 1, eff. May 13, 2010; amended 2013, No. 92 (Adj. Sess.), § 26.)
2023 Vermont Statutes › Title 16 - Education › Chapter 5 - Secretary of Education › § 213. Deputy secretaries

§ 213. Deputy secretaries
The Secretary shall employ such number of deputy secretaries as he or she deems necessary. (Added 1969, No. 298 (Adj. Sess.), § 26; amended 2013, No. 92 (Adj. Sess.), § 29, eff. Feb. 14, 2014.)
2023 Vermont Statutes › Title 16 - Education › Chapter 5 - Secretary of Education › § 215. Challenge to Excellence grants

§ 215. Challenge to Excellence grants
(a) Purpose and findings. It is a goal of the General Assembly to promote quality education for every Vermont child and to create an opportunity for every Vermont student to achieve his or her personal best, while respecting divergent student goals and personal learning styles and abilities. The General Assembly finds that a school’s climate for learning is improved when parents, community members, and business leaders actively participate in promoting educational opportunities for every student. Further, it is the compassion and innovation of individual teachers and school personnel that often create the impetus for students to achieve excellence in education.
(b) Grant Program. The Secretary shall establish and implement a Challenge to Excellence Grant Program for the purpose of promoting quality education for Vermont students. Eligible applicants include Vermont public schools, including regional career technical centers, and Vermont supervisory unions on behalf of a school or schools. All proposals shall be to develop or carry out a comprehensive plan, which may be an action plan pursuant to subdivision 165(a)(1) of this title, to create educational opportunities for each student within the school. Any plan shall be developed with the involvement of parents and other community members, staff, and business representatives and shall be designed to assist students in meeting State Board and school board standards. Grants shall be for up to $50,000.00 and shall include a 1-1 match from other sources of funding, including grants from businesses, foundations, or other federal or local funding. Priority shall be given to schools that the Secretary finds are having difficulty meeting the quality standards listed in subsection 165(a) of this title or are making insufficient progress in improving student performance in relation to the standards set forth in subdivision 164(9) of this title. Eligible activities include:
(1) a comprehensive planning and goal-setting process to promote a quality education for all students within the school;
(2) activities to carry out a comprehensive plan to promote quality education for students within the school; and
(3) innovative methods to create educational opportunities for students according to a comprehensive plan, including special classes and activities; mentorship; summer institutes on math, science, reading and language arts, social studies, service, the arts, or technology; partnerships for learning with businesses, postsecondary schools, and community organizations; tutorials; programs for at-risk or gifted students; and guidance, peer counseling, and career planning activities. (Added 1997, No. 60, § 7, eff. June 26, 1997; amended 2013, No. 92 (Adj. Sess.), § 30, eff. Feb. 14, 2014; 2021, No. 20, § 54.)
2023 Vermont Statutes › Title 16 - Education › Chapter 5 - Secretary of Education › § 241. Appointment

§ 241. Appointment
(a) Each supervisory union board, with the advice of the Secretary, may employ a superintendent of schools.
(b) A superintendent shall be employed by written contract for a term not to exceed five years nor less than one year and shall work the number of hours required by contract, performing the duties designated in the contract or assigned by the board. A superintendent of schools may be dismissed for cause or as specified in the contract of employment.
(c) Not later than May 15 of a year in which an incumbent superintendent’s contract of employment expires, the supervisory union board shall meet to renew or act otherwise upon the superintendent’s contract. If a supervisory union employs a superintendent, the supervisory union board shall specify and assign the duties of a superintendent. If the supervisory union board does not hire a superintendent, the board may assign any duties assigned to the superintendent under this title to the school principal or principals in the supervisory union or to other qualified persons designated by the board. (Added 1969, No. 298 (Adj. Sess.), § 27; amended 1991, No. 181 (Adj. Sess.), § 1; 1995, No. 185 (Adj. Sess.), § 82, eff. Jan. 1, 1998; 2013, No. 92 (Adj. Sess.), § 31, eff. Feb. 14, 2014.)