reglab/statecodes huggingface dataset:
2023 Vermont Statutes › Title 16 - Education › Chapter 19 - Interstate Compact on Educational Opportunity for Military Children › § 806f. Graduation — Article VII

§ 806f. Graduation — Article VII
In order to facilitate the on-time graduation of children of military families, states and local education agencies shall incorporate the following procedures:
A. Waiver requirements — Local education agency administrative officials shall waive specific courses required for graduation if similar course work has been satisfactorily completed in another local education agency or shall provide reasonable justification for denial. Should a waiver not be granted to a student who would qualify to graduate from the sending school, the local education agency shall provide an alternative means of acquiring required coursework so that graduation may occur on time.
B. Exit exams — States shall accept: 1) exit or end-of-course exams required for graduation from the sending state; or 2) national norm-referenced achievement tests; or 3) alternative testing, in lieu of testing requirements for graduation in the receiving state. In the event the above alternatives cannot be accommodated by the receiving state for a student transferring in his or her senior year, then the provisions of Article VII, Section C shall apply.
C. Transfers during senior year — Should a military student transferring at the beginning or during his or her senior year be ineligible to graduate from the receiving local education agency after all alternatives have been considered, the sending and receiving local education agencies shall ensure the receipt of a diploma from the sending local education agency, if the student meets the graduation requirements of the sending local education agency. In the event that one of the states in question is not a member of this compact, the member state shall use best efforts to facilitate the on-time graduation of the student in accordance with Sections A and B of this Article. (Added 2011, No. 43, § 1.)
2023 Vermont Statutes › Title 16 - Education › Chapter 19 - Interstate Compact on Educational Opportunity for Military Children › § 806g. State coordination — Article VIII

§ 806g. State coordination — Article VIII
A. Each member state shall, through the creation of a State Council or use of an existing body or board, provide for the coordination among its agencies of government, local education agencies, and military installations concerning the state’s participation in, and compliance with, this compact and Interstate Commission activities. While each member state may determine the membership of its own State Council, its membership must include at least: the state superintendent of education, superintendent of a school district with a high concentration of military children, representative from a military installation, one representative each from the legislative and executive branches of government, and other offices and stakeholder groups the State Council deems appropriate. A member state that does not have a school district deemed to contain a high concentration of military children may appoint a superintendent from another school district to represent local education agencies on the State Council.
B. The State Council of each member state shall appoint or designate a military family education liaison to assist military families and the state in facilitating the implementation of this compact.
C. The compact commissioner responsible for the administration and management of the state’s participation in the compact shall be appointed by the Governor or as otherwise determined by each member state.
D. The compact commissioner and the military family education liaison designated herein shall be ex-officio members of the State Council, unless either is already a full voting member of the State Council. (Added 2011, No. 43, § 1.)
2023 Vermont Statutes › Title 16 - Education › Chapter 19 - Interstate Compact on Educational Opportunity for Military Children › § 806k. Rulemaking functions of the interstate commission — Article XII

§ 806k. Rulemaking functions of the interstate commission — Article XII
A. Rulemaking Authority — The Interstate Commission shall promulgate reasonable rules in order to effectively and efficiently achieve the purposes of this Compact. Notwithstanding the foregoing, in the event the Interstate Commission exercises its rulemaking authority in a manner that is beyond the scope of the purposes of this Act, or the powers granted hereunder, then such an action by the Interstate Commission shall be invalid and have no force or effect.
B. Rulemaking Procedure — Rules shall be made pursuant to a rulemaking process that substantially conforms to the “Model State Administrative Procedure Act,” of 1981, Uniform Laws Annotated, Vol. 15, p.1 (2000) as amended, as may be appropriate to the operations of the Interstate Commission.
C. Not later than thirty (30) days after a rule is promulgated, any person may file a petition for judicial review of the rule; provided, that the filing of such a petition shall not stay or otherwise prevent the rule from becoming effective unless the court finds that the petitioner has a substantial likelihood of success. The court shall give deference to the actions of the Interstate Commission consistent with applicable law and shall not find the rule to be unlawful if the rule represents a reasonable exercise of the Interstate Commission’s authority.
D. If a majority of the legislatures of the compacting states rejects a rule by enactment of a statute or resolution in the same manner used to adopt the compact, then such rule shall have no further force and effect in any compacting state. (Added 2011, No. 43, § 1.)
2023 Vermont Statutes › Title 16 - Education › Chapter 19 - Interstate Compact on Educational Opportunity for Military Children › § 806m. Financing of the interstate commission — Article XIV

§ 806m. Financing of the interstate commission — Article XIV
A. The Interstate Commission shall pay or provide for the payment of the reasonable expenses of its establishment, organization, and ongoing activities.
B. The Interstate Commission may levy on and collect an annual assessment from each member state to cover the cost of the operations and activities of the Interstate Commission and its staff which must be in a total amount sufficient to cover the Interstate Commission’s annual budget as approved each year. The aggregate annual assessment amount shall be allocated based upon a formula to be determined by the Interstate Commission, which shall promulgate a rule binding upon all member states.
C. The Interstate Commission shall not incur obligations of any kind prior to securing the funds adequate to meet the same; nor shall the Interstate Commission pledge the credit of any of the member states, except by and with the authority of the member state.
D. The Interstate Commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the Interstate Commission shall be subject to the audit and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the Interstate Commission shall be audited yearly by a certified or licensed public accountant, and the report of the audit shall be included in and become part of the annual report of the Interstate Commission.
E. The Interstate Commission may not assess, levy, or collect from Vermont in its annual assessment more than $2,000.00 per year. Other funding sources may be accepted and used to offset expenses related to the State’s participation in the compact. (Added 2011, No. 43, § 1; amended 2013, No. 56, § 20, eff. May 30, 2013.)
2023 Vermont Statutes › Title 16 - Education › Chapter 19 - Interstate Compact on Educational Opportunity for Military Children › § 806n. Member states, effective date and amendment — Article XV

§ 806n. Member states, effective date and amendment — Article XV
A. Any state is eligible to become a member state.
B. The compact shall become effective and binding upon legislative enactment of the compact into law by no less than ten (10) of the states. The effective date shall be no earlier than December 1, 2007. Thereafter it shall become effective and binding as to any other member state upon enactment of the compact into law by that state. The governors of non-member states or their designees shall be invited to participate in the activities of the Interstate Commission on a non-voting basis prior to adoption of the compact by all states.
C. The Interstate Commission may propose amendments to the compact for enactment by the member states. No amendment shall become effective and binding upon the Interstate Commission and the member states unless and until it is enacted into law by unanimous consent of the member states. (Added 2011, No. 43, § 1.)
2023 Vermont Statutes › Title 16 - Education › Chapter 19 - Interstate Compact on Educational Opportunity for Military Children › § 806o. Withdrawal and dissolution — Article XVI

§ 806o. Withdrawal and dissolution — Article XVI
A. Withdrawal.
1. Once effective, the compact shall continue in force and remain binding upon each and every member state; provided that a member state may withdraw immediately from the compact by specifically repealing the statute which enacted the compact into law.
2. Withdrawal from this compact shall be by the enactment of a statute repealing the same.
3. The withdrawing state shall immediately notify the chairperson of the Interstate Commission in writing upon the introduction of legislation repealing this compact in the withdrawing state. The Interstate Commission shall notify the other member states of the withdrawing state’s intent to withdraw within sixty (60) days of its receipt thereof.
4. The withdrawing state is responsible for all assessments, obligations, and liabilities incurred through the effective date of withdrawal, not to exceed $100 per year as provided in Article XIV, Section E, of this compact for each year that the State of Vermont is a member of the compact.
5. Reinstatement following withdrawal of a member state shall occur upon the withdrawing state reenacting the compact or upon such later date as determined by the Interstate Commission.
B. Dissolution of Compact.
1. This compact shall dissolve effective upon the date of the withdrawal or default of the member state which reduces the membership in the compact to one (1) member state.
2. Upon the dissolution of this compact, the compact becomes null and void and shall be of no further force or effect, and the business and affairs of the Interstate Commission shall be concluded and surplus funds shall be distributed in accordance with the bylaws. (Added 2011, No. 43, § 1.)
2023 Vermont Statutes › Title 16 - Education › Chapter 19 - Interstate Compact on Educational Opportunity for Military Children › § 806p. Severability and construction — Article XVII

§ 806p. Severability and construction — Article XVII
A. The provisions of this compact shall be severable, and if any phrase, clause, sentence, or provision is deemed unenforceable, the remaining provisions of the compact shall be enforceable.
B. The provisions of this compact shall be liberally construed to effectuate its purposes.
C. Nothing in this compact shall be construed to prohibit the applicability of other interstate compacts to which the states are members. (Added 2011, No. 43, § 1.)
2023 Vermont Statutes › Title 16 - Education › Chapter 19 - Interstate Compact on Educational Opportunity for Military Children › § 806q. Binding effect of compact and other laws — Article XVIII

§ 806q. Binding effect of compact and other laws — Article XVIII
A. Other Laws. Nothing herein prevents the enforcement of any other law of a member state.
B. Binding Effect of the Compact.
1. All lawful actions of the Interstate Commission, including all rules and bylaws promulgated by the Interstate Commission, are binding upon the member states.
2. All agreements between the Interstate Commission and the member states are binding in accordance with their terms.
3. In the event any provision of this compact exceeds the constitutional limits imposed on the legislature of any member state, such provision shall be ineffective to the extent of the conflict with the constitutional provision in question in that member state. (Added 2011, No. 43, § 1.)
2023 Vermont Statutes › Title 16 - Education › Chapter 21 - Maintenance of Public Schools › § 821. School district to maintain public elementary schools or pay tuition

§ 821. School district to maintain public elementary schools or pay tuition
(a) Each school district shall maintain one or more approved schools within the district in which elementary education for its resident students in kindergarten through grade six is provided unless:
(1) the electorate authorizes the school board to provide for the elementary education of the students by paying tuition in accordance with law to one or more public elementary schools in one or more school districts;
(2) the school district is organized to provide only high school education for its students; or
(3) the General Assembly provides otherwise.
(b) [Repealed.]
(c) Notwithstanding subsection (a) of this section, without previous authorization by the electorate, a school board in a district that operates an elementary school may pay tuition for elementary students who reside near a public elementary school in an adjacent district upon request of the student’s parent or guardian, if in the board’s judgment the student’s education can be more conveniently furnished there due to geographic considerations. Within 30 days of the board’s decision, a parent or guardian who is dissatisfied with the decision of the board under this subsection may request a determination by the Secretary, who shall have authority to direct the school board to pay all, some, or none of the student’s tuition and whose decision shall be final.
(d) Notwithstanding subdivision (a)(1) of this section, the electorate of a school district that does not maintain an elementary school may grant general authority to the school board to pay tuition for an elementary student at an approved independent elementary school or an independent school meeting education quality standards pursuant to sections 823 and 828 of this chapter upon notice given by the student’s parent or legal guardian before April 15 for the next academic year. (Added 1969, No. 298 (Adj. Sess.), § 52; amended 1985, No. 71, § 4; 1987, No. 141 (Adj. Sess.); 1989, No. 271 (Adj. Sess.), §§ 1, 2; 1991, No. 24, § 11; 2009, No. 44, § 13, eff. May 21, 2009; 2011, No. 58, § 29, eff. May 31, 2011; 2011, No. 129 (Adj. Sess.), § 4, eff. May 11, 2012; 2013, No. 92 (Adj. Sess.), § 95, eff. Feb. 14, 2014; 2015, No. 23, § 21.)
2023 Vermont Statutes › Title 16 - Education › Chapter 21 - Maintenance of Public Schools › § 822. School district to maintain public high schools or pay tuition

§ 822. School district to maintain public high schools or pay tuition
(a) Each school district shall maintain one or more approved high schools in which high school education is provided for its resident students unless:
(1) the electorate authorizes the school board to close an existing high school and to provide for the high school education of its students by paying tuition to a public high school, an approved independent high school, or an independent school meeting education quality standards, to be selected by the parents or guardians of the student, within or outside the State; or
(2) the school district is organized to provide only elementary education for its students.
(b) For purposes of this section, a school district that is organized to provide kindergarten through grade 12 and maintains a program of education for only the first eight years of compulsory school attendance shall be obligated to pay tuition for its resident students for at least four additional years.
(c)(1) A school district may both maintain a high school and furnish high school education by paying tuition:
(A) to a public school as in the judgment of the school board may best serve the interests of the students; or
(B) to an approved independent school or an independent school meeting education quality standards if the school board judges that a student has unique educational needs that cannot be served within the district or at a nearby public school.
(2) The judgment of the board shall be final in regard to the institution the students may attend at public cost. (Added 1969, No. 298 (Adj. Sess.), § 53; amended 1977, No. 33, § 2; 1989, No. 271 (Adj. Sess.), § 3; 1991, No. 24, § 2; 1997, No. 71 (Adj. Sess.), § 85, eff. March 11, 1998; 2009, No. 44, § 13, eff. May 21, 2009; 2013, No. 92 (Adj. Sess.), § 96, eff. Feb. 14, 2014; 2015, No. 23, § 22.)
2023 Vermont Statutes › Title 16 - Education › Chapter 21 - Maintenance of Public Schools › § 823. Elementary tuition

§ 823. Elementary tuition
(a) Tuition for elementary students shall be paid by the district in which the student is a resident. The district shall pay the full tuition charged its students attending a public elementary school. If a payment made to a public elementary school is three percent more or less than the calculated net cost per elementary pupil in the receiving school district for the year of attendance, the district shall be reimbursed, credited, or refunded pursuant to section 836 of this title. Notwithstanding the provisions of this subsection or of subsection 825(b) of this title, the boards of both the receiving and sending districts may enter into tuition agreements with terms differing from the provisions of those subsections, provided that the receiving district must offer identical terms to all sending districts, and further provided that the statutory provisions apply to any sending district that declines the offered terms.
(b) Unless the electorate of a school district authorizes payment of a higher amount at an annual or special meeting warned for the purpose, the tuition paid to an approved independent elementary school or an independent school meeting education quality standards shall not exceed the least of:
(1) the average announced tuition of Vermont union elementary schools for the year of attendance;
(2) the tuition charged by the approved independent school for the year of attendance; or
(3) the average per-pupil tuition the district pays for its other resident elementary students in the year in which the student is enrolled in the approved independent school. (Added 1969, No. 298 (Adj. Sess.), § 54; amended 1989, No. 271 (Adj. Sess.), § 4; 2003, No. 76 (Adj. Sess.), § 29, eff. Feb. 17, 2004; 2005, No. 54, § 7; 2007, No. 66, § 5; 2009, No. 44, § 13, eff. May 21, 2009; 2011, No. 58, § 30, eff. May 31, 2011; 2015, No. 23, § 23.)
2023 Vermont Statutes › Title 16 - Education › Chapter 21 - Maintenance of Public Schools › § 824. High school tuition

§ 824. High school tuition
(a) Tuition for high school students shall be paid by the school district in which the student is a resident.
(b) Except as otherwise provided for technical students, the district shall pay the full tuition charged its students attending a public high school in Vermont or an adjoining state or a public or approved independent school in Vermont functioning as an approved area career technical center, or an independent school meeting education quality standards; provided:
(1) If a payment made to a public high school or an independent school meeting education quality standards is three percent more or less than the calculated net cost per secondary pupil in the receiving school district or independent school for the year of attendance then the district or school shall be reimbursed, credited, or refunded pursuant to section 836 of this title.
(2) Notwithstanding the provisions of this subsection or of subsection 825(b) of this title, the board of the receiving public school district, public or approved independent school functioning as an area career technical center, or independent school meeting education quality standards may enter into tuition agreements with the boards of sending districts that have terms differing from the provisions of those subsections, provided that the receiving district or school must offer identical terms to all sending districts, and further provided that the statutory provisions apply to any sending district that declines the offered terms.
(c) The district shall pay an amount not to exceed the average announced tuition of Vermont union high schools for the year of attendance for its students enrolled in an approved independent school not functioning as a Vermont area career technical center, or any higher amount approved by the electorate at an annual or special meeting warned for that purpose. (Added 1969, No. 298 (Adj. Sess.), § 55; amended 1971, No. 52, § 5, eff. April 14, 1971; 1975, No. 27, § 1, eff. Jan. 1, 1976; 1983, No. 247 (Adj. Sess.), § 3; 1991, No. 24, § 3; 1991, No. 24, § 3; 1991, No. 204 (Adj. Sess.), § 7; 1995, No. 34, § 2; 1997, No. 60, § 8, eff. June 26, 1997; 1997, No. 71 (Adj. Sess.), § 86, eff. March 11, 1998; 1997, No. 138 (Adj. Sess.), § 21; 2001, No. 8, § 9; 2005, No. 54, § 8; 2007, No. 66, § 6; 2009, No. 44, § 13, eff. May 21, 2009; 2015, No. 23, § 24.)
2023 Vermont Statutes › Title 16 - Education › Chapter 21 - Maintenance of Public Schools › § 825. Maximum tuition rate; calculated net cost per pupil defined

§ 825. Maximum tuition rate; calculated net cost per pupil defined
(a) Calculated net cost per pupil for purposes of this chapter shall be defined by the Secretary. Expenditures shall include those for equipment and school building construction, additions, or renovations. Expenditures excluded shall be:
(1) transportation costs incurred by the receiving school district for its resident students;
(2) transportation costs for which the receiving school district receives reimbursement;
(3) that portion of the total cost that is provided by direct grants from State or federal sources for salaries or other specific expenses;
(4) expenditures for maintenance, and payments of principal and interest for buildings used exclusively for boarding students if any;
(5) expenditures for special education; and
(6) tuition payments for career technical education.
(b) In no case shall the tuition charged be such that the ratio of the total tuition received to the total cost of operation of the receiving school, or school district, exceeds the ratio of the number of tuition-paying students to the total number of students enrolled in the receiving school, or school district.
(c) The Secretary shall investigate complaints by a school board regarding tuition and may, within the limits of funds appropriated for this specific purpose, contract for limited scope audits of the annual statistical reports submitted by school districts for the purpose of determining the accuracy of the allocation of revenues and expenditures to elementary and secondary tuition rates. (Added 1969, No. 298 (Adj. Sess.), § 56; amended 1987, No. 235 (Adj. Sess.), § 10; 1997, No. 138 (Adj. Sess.), § 23, eff. April 27, 1998; 2005, No. 54, § 9; 2013, No. 92 (Adj. Sess.), § 98, eff. Feb. 14, 2014; 2021, No. 20, § 58.)
2023 Vermont Statutes › Title 16 - Education › Chapter 21 - Maintenance of Public Schools › § 826. Notice of tuition rates; special education charges

§ 826. Notice of tuition rates; special education charges
(a) A school board, or the board of trustees of an independent school meeting education quality standards, that proposes to increase tuition charges shall notify the school board of the school district from which its nonresident students come, and the Secretary, of the proposed increase on or before January 15 in any year; such increases shall not become effective without the notice and not until the following school year.
(b) A school board or the board of trustees of an independent school meeting education quality standards may establish a separate tuition for one or more special education programs. No such tuition shall be established unless the State Board has by rule defined the program as of a type that may be funded by a separate tuition. Any such tuition shall be announced in accordance with the provisions of subsection (a) of this section. The amount of tuition shall reflect the net cost per pupil in the program. The announcement of tuition shall describe the special education services included or excluded from coverage. Tuition for part-time students shall be reduced proportionally.
(c) Excess special education costs incurred by a supervisory union in providing special education services to a student beyond those covered by tuition may be charged to the student’s supervisory union for the district of residence. However, only actual costs or actual proportionate costs attributable to the student may be charged.
(d) The State Board shall adopt rules relating to the types of special education programs that may establish tuition charges and relating to methods and times of calculating excess charges. (Added 1969, No. 298 (Adj. Sess.), § 57; amended 1987, No. 235 (Adj. Sess.), § 9; 1991, No. 24, § 12; 1995, No. 34, § 3; 2001, No. 8, § 10; 2009, No. 44, § 13, eff. May 21, 2009; 2013, No. 92 (Adj. Sess.), § 99, eff. Feb. 14, 2014; 2015, No. 23, § 25; 2017, No. 173 (Adj. Sess.), § 6, eff. May 25, 2018.)
2023 Vermont Statutes › Title 16 - Education › Chapter 21 - Maintenance of Public Schools › § 828. Tuition to approved schools; age; appeal [Effective until July 1, 2024]

§ 828. Tuition to approved schools; age; appeal [Effective until July 1, 2024]
A school district shall not pay the tuition of a student except to a public school, an approved independent school, an independent school meeting education quality standards, a tutorial program approved by the State Board, an approved education program, or an independent school in another state or country approved under the laws of that state or country, nor shall payment of tuition on behalf of a person be denied on account of age. Unless otherwise provided, a person who is aggrieved by a decision of a school board relating to eligibility for tuition payments, the amount of tuition payable, or the school he or she may attend, may appeal to the State Board and its decision shall be final. (Added 1969, No. 298 (Adj. Sess.), § 59; amended 1989, No. 271 (Adj. Sess.), § 6; 1991, No. 24, § 11; 1995, No. 157 (Adj. Sess.), § 3; 2009, No. 44, § 13, eff. May 21, 2009; 2015, No. 23, § 26.)
2023 Vermont Statutes › Title 16 - Education › Chapter 21 - Maintenance of Public Schools › § 828. Tuition to approved schools; age; appeal [Effective July 1, 2024]

§ 828. Tuition to approved schools; age; appeal [Effective July 1, 2024]
A school district shall not pay the tuition of a student except to a public school, an approved independent school, an independent school meeting education quality standards, a tutorial program approved by the State Board, an approved education program, or an independent school in another state or country approved under the laws of that state or country, that complies with the reporting requirement under subsection 4010(c) of this title, nor shall payment of tuition on behalf of a person be denied on account of age. Unless otherwise provided, a person who is aggrieved by a decision of a school board relating to eligibility for tuition payments, the amount of tuition payable, or the school the person may attend, may appeal to the State Board and its decision shall be final. (Added 1969, No. 298 (Adj. Sess.), § 59; amended 1989, No. 271 (Adj. Sess.), § 6; 1991, No. 24, § 11; 1995, No. 157 (Adj. Sess.), § 3; 2009, No. 44, § 13, eff. May 21, 2009; 2015, No. 23, § 26; 2021, No. 127 (Adj. Sess.), § 21, eff. July 1, 2024.)
2023 Vermont Statutes › Title 16 - Education › Chapter 21 - Maintenance of Public Schools › § 834. Duty of care

§ 834. Duty of care
(a) Each school district and its employees owe its students a duty of ordinary care to prevent the students from being exposed to unreasonable risk, from which it is foreseeable that injury is likely to occur.
(b) School districts and their employees do not owe their students a duty of immediate supervision at all times and under all circumstances. (Added 1983, No. 122 (Adj. Sess.).)
2023 Vermont Statutes › Title 16 - Education › Chapter 21 - Maintenance of Public Schools › § 835. Lemington, Bloomfield, Brunswick, Granby, Guildhall, and Maidstone; tuitioning of elementary students

§ 835. Lemington, Bloomfield, Brunswick, Granby, Guildhall, and Maidstone; tuitioning of elementary students
The Lemington, Bloomfield, Brunswick, Granby, Guildhall, and Maidstone school districts may provide for the elementary education of the students residing in their districts by paying tuition to public elementary schools in the State of New Hampshire. Notwithstanding the provisions of section 823 of this title, school districts affected by this section shall pay the full tuition charged by a public elementary school in New Hampshire. (Added 1993, No. 72; amended 2005, No. 182 (Adj. Sess.), § 4; 2007, No. 192 (Adj. Sess.), § 6.029.)
2023 Vermont Statutes › Title 16 - Education › Chapter 21 - Maintenance of Public Schools › § 836. Tuition overcharge or undercharge

§ 836. Tuition overcharge or undercharge
(a) Annually, on or before November 1, the Secretary shall inform each school board of a receiving public school, each board of trustees of a receiving approved independent school for which the Secretary has calculated a net cost per pupil, and each sending school district in Vermont of the calculated net cost per elementary or secondary pupil in the receiving schools. Each school board or board of trustees of a receiving school shall then determine whether it overcharged or undercharged any sending district for tuition charges and shall notify the district by December 15 of the same year of the amount due or the amount to be refunded or credited.
(b) If the sending district has paid tuition charges in excess of three percent of the calculated net cost per elementary or secondary pupil and is not sending enough students to the receiving district to use the overcharge funds as credit against tuition, the receiving district shall refund the overcharge money by July 31; provided, however, that the refund shall be in the amount that exceeded a three-percent overcharge. Interest owed the sending district on overcharge monies shall begin to accrue on December 1, at the rate of one-half percent per month.
(c) If the receiving district has undercharged tuition in an amount three percent or more than the calculated net cost per elementary or secondary pupil, the sending district shall pay the receiving district an amount equal to the amount of the undercharge that is between three percent and ten percent of the net cost per pupil. If payment is not made by July 31 of the year following the year in which the undercharge was determined, interest owed the receiving district on undercharge monies shall begin to accrue on August 1, at the rate of one percent per month. (Added 1995, No. 34, § 4; amended 1995, No. 129 (Adj. Sess.), § 1; 1997, No. 138 (Adj. Sess.), § 22; 2005, No. 54, § 10; 2013, No. 60, § 3; 2013, No. 92 (Adj. Sess.), § 102, eff. Feb. 14, 2014.)
2023 Vermont Statutes › Title 16 - Education › Chapter 21 - Maintenance of Public Schools › § 837. School facilities management; training and certification

§ 837. School facilities management; training and certification
(a) The Secretary of Education, in consultation with facilities management industry and school operations experts, shall establish guidelines for the training and certification of each person designated as responsible for facilities management for a school district or supervisory union.
(b) The superintendent for each school district or supervisory union shall designate a person with responsibility for facilities management for the school district or supervisory union. The designee for each school district or supervisory union shall receive training and certification pursuant to the guidelines established in subsection (a) of this section. (Added 2021, No. 72, § 5, eff. June 8, 2021.)
2023 Vermont Statutes › Title 16 - Education › Chapter 21 - Maintenance of Public Schools › § 838. Capital improvement plan

§ 838. Capital improvement plan
(a) Each school district shall develop and maintain a five-year capital operations and improvement plan for the school district and supervisory union, which shall be updated annually.
(b) The capital operations and improvement plan described in subsection (a) of this section shall be in a form developed and prescribed by the Secretary of Education after consultation with facilities management and school operations experts. (Added 2021, No. 72, § 6, eff. June 8, 2021.)
2023 Vermont Statutes › Title 16 - Education › Chapter 23 - Courses of Study › § 906. Course of study

§ 906. Course of study
(a) In public schools, approved and recognized independent schools, and in home study programs, learning experiences shall be provided for students in the minimum course of study.
(b) For purposes of this title, the minimum course of study means learning experiences adapted to a student’s age and ability in the fields of:
(1) basic communication skills, including reading, writing, and the use of numbers;
(2) citizenship, history, and government in Vermont and the United States;
(3) physical education and comprehensive health education, including the effects of tobacco, alcoholic drinks, and drugs on the human system and on society;
(4) English, American, and other literature;
(5) the natural sciences; and
(6) the fine arts. (Added 1969, No. 298 (Adj. Sess.), § 65; amended 1981, No. 151 (Adj. Sess.), § 4; 1987, No. 132 (Adj. Sess.); 1987, No. 270 (Adj. Sess.), § 4, eff. Sept. 1, 1989; 1989, No. 44, § 4, eff. June 1, 1990.)
2023 Vermont Statutes › Title 16 - Education › Chapter 23 - Courses of Study › § 907. Lincoln’s birthday

§ 907. Lincoln’s birthday
Exercises in commemoration of the birth, life, and services of Abraham Lincoln shall be conducted in all public and independent schools on the last school day before February 12, annually. (Added 1969, No. 298 (Adj. Sess.), § 67; amended 1991, No. 24, § 11.)
2023 Vermont Statutes › Title 16 - Education › Chapter 23 - Courses of Study › § 908. Pre-Memorial Day exercises

§ 908. Pre-Memorial Day exercises
The last half-day’s session of the public schools before Memorial Day shall be devoted to exercises commemorative of the history of the nation during its wars and to patriotic instruction in the principles of liberty and the equal rights of man. (Added 1969, No. 298 (Adj. Sess.), § 68.)
2023 Vermont Statutes › Title 16 - Education › Chapter 23 - Courses of Study › § 909. Tobacco use, alcohol and drug abuse prevention education curriculum

§ 909. Tobacco use, alcohol and drug abuse prevention education curriculum
(a) The Secretary, in conjunction with the Division of Health Promotion, where appropriate, shall develop a sequential alcohol and drug abuse prevention education curriculum for elementary and secondary schools. The curriculum shall include teaching about the effects and legal consequences of the possession and use of tobacco products.
(b) The Secretary shall:
(1) Provide for pre-service and in-service training programs for school personnel on alcohol and drug abuse prevention and on the effects and legal consequences of the possession and use of tobacco products. At least one training program shall be made available in electronic format. Each superintendent shall determine the content, duration, and frequency of training on issues concerning alcohol and drug abuse for the districts in his or her supervisory union.
(2) Provide teaching materials that are appropriate to the age and learning ability of the students.
(3) Provide technical assistance to the local school districts for implementation of the curriculum.
(4) Encourage coordination of effort with existing community resources.
(c) [Repealed.] (Added 1983, No. 51, § 3, eff. April 22, 1983; amended 1987, No. 162 (Adj. Sess.), § 1; 1995, No. 52, § 2; 1997, No. 58, § 11; 2007, No. 154 (Adj. Sess.), § 8; 2013, No. 92 (Adj. Sess.), § 103, eff. Feb. 14, 2014; 2023, No. 6, § 84, eff. July 1, 2023.)
2023 Vermont Statutes › Title 16 - Education › Chapter 23 - Courses of Study › § 910. Coordination of services to children and adolescents with a severe emotional disturbance

§ 910. Coordination of services to children and adolescents with a severe emotional disturbance
Each town, city, interstate, incorporated, unified, or union school district shall cooperate with the Agency of Education and the Departments of Mental Health, for Children and Families, and of Disabilities, Aging, and Independent Living when coordinating educational services to children and adolescents with a severe emotional disturbance pursuant to the provisions of 33 V.S.A. chapter 43. (Added 1987, No. 264 (Adj. Sess.), § 4; amended 1989, No. 187 (Adj. Sess.), § 5; 2011, No. 58, § 9, eff. May 31, 2011; 2013, No. 92 (Adj. Sess.), § 104, eff. Feb. 14, 2014.)
2023 Vermont Statutes › Title 16 - Education › Chapter 23 - Courses of Study › § 911. American Sign Language; foreign language credit

§ 911. American Sign Language; foreign language credit
(a) American Sign Language is a visual-gestural system of communication used by many in the Deaf community living in the United States and Canada. It is a complete and complex language that has its own syntax, rhetoric, and grammar that is used to convey information and meaning through signs made with the hands, arms, facial markers, and other body movements.
(b) Any public or independent school may offer American Sign Language for foreign language credit. (Added 2001, No. 16, § 2.)
2023 Vermont Statutes › Title 16 - Education › Chapter 23 - Courses of Study › § 912. Student’s right of refusal; animal dissection

§ 912. Student’s right of refusal; animal dissection
(a) A student in a public elementary or secondary school or an approved independent school shall have the right to be excused from participating in any lesson, exercise, or assessment requiring the student to dissect, vivisect, or otherwise harm or destroy an animal or any part of an animal, or to observe any of these activities, as part of a course of instruction.
(b) Each school district and approved independent school shall adopt and implement policies regarding a student’s right to be excused under this section, which shall include:
(1) procedures by which the school shall provide:
(A) timely notification to each student enrolled in the course and to the student’s parent or guardian of the student’s right to be excused from participating in or observing the lesson; and
(B) the process by which a student may exercise this right;
(2) alternative education methods through which a student excused under this section can learn and be assessed on material required by the course; and
(3) a statement that no student shall be discriminated against based on his or her decision to exercise the right to be excused afforded by this section.
(c) As used in this section, the word “animal” means any organism of the kingdom animalia and includes an animal’s cadaver or the severed parts of an animal’s cadaver. (Added 2007, No. 154 (Adj. Sess.), § 4.)
2023 Vermont Statutes › Title 16 - Education › Chapter 23 - Courses of Study › § 941. Flexible Pathways Initiative

§ 941. Flexible Pathways Initiative
(a) There is created within the Agency a Flexible Pathways Initiative:
(1) to encourage and support the creativity of school districts as they develop and expand high-quality educational experiences that are an integral part of secondary education in the evolving 21st Century classroom;
(2) to promote opportunities for Vermont students to achieve postsecondary readiness through high-quality educational experiences that acknowledge individual goals, learning styles, and abilities; and
(3) to increase the rates of secondary school completion and postsecondary continuation in Vermont.
(b) The Secretary shall develop, publish, and regularly update guidance, in the form of technical assistance, sharing of best practices and model documents, legal interpretations, and other support designed to assist school districts:
(1) to identify and support secondary students who require additional assistance to succeed in school and to identify ways in which individual students would benefit from flexible pathways to graduation;
(2) to work with every student in grade 7 through grade 12 in an ongoing personalized learning planning process that:
(A) identifies the student’s emerging abilities, aptitude, and disposition;
(B) includes participation by families and other engaged adults;
(C) guides decisions regarding course offerings and other high-quality educational experiences; and
(D) is documented by a personalized learning plan;
(3) to create opportunities for secondary students to pursue flexible pathways to graduation that:
(A) increase aspiration and encourage postsecondary continuation of training and education;
(B) are an integral component of a student’s personalized learning plan; and
(C) include:
(i) applied or work-based learning opportunities, including career and career technical education and internships;
(ii) virtual learning and blended learning;
(iii) dual enrollment opportunities as set forth in section 944 of this title;
(iv) early college programs as set forth in subsection 4011(e) of this title;
(v) the High School Completion Program as set forth in section 943 of this title; and
(vi) the Adult Diploma Program and General Educational Development Program as set forth in section 945 of this title; and
(4) to provide students, beginning no later than in grade 7, with career development and postsecondary planning resources to ensure that they are able to take full advantage of the opportunities available within the flexible pathways to graduation and to achieve their career and postsecondary education and training goals.
(c) Nothing in this subchapter shall be construed as discouraging or limiting the authority of any school district to develop or continue to provide educational opportunities for its students that are otherwise permitted, including the provision of Advanced Placement courses.
(d) An individual entitlement or private right of action shall not arise from creation of a personalized learning plan. (Added 2013, No. 77, § 1.)
2023 Vermont Statutes › Title 16 - Education › Chapter 23 - Courses of Study › § 943. High School Completion Program

§ 943. High School Completion Program
(a) There is created a High School Completion Program to be a potential component of a flexible pathway for any Vermont student who is at least 16 years of age, who has not received a high school diploma, and who may or may not be enrolled in a public or approved independent school.
(b) If a person who wishes to work on a personalized learning plan leading to graduation through the High School Completion Program is not enrolled in a public or approved independent school, then the Secretary shall assign the prospective student to a high school district, which shall be the district of residence whenever possible. The school district in which a student is enrolled or to which a nonenrolled student is assigned shall work with the local adult education and literacy provider that serves the high school district and the student to develop a personalized learning plan. The school district shall award a high school diploma upon successful completion of the plan.
(c) The Secretary shall reimburse, and net cash payments where possible, a school district that has agreed to a personalized learning plan developed under this section in an amount:
(1) established by the Secretary for the development and ongoing evaluation and revision of the personalized learning plan and for other educational services typically provided by the assigned district or an approved independent school pursuant to the plan, such as counseling, health services, participation in cocurricular activities, and participation in academic or other courses; provided, however, that this amount shall not be available to a school district that provides services under this section to an enrolled student; and
(2) negotiated by the Secretary and the local adult education and literacy provider, with the approved provider, for services and outcomes purchased from the approved provider on behalf of the student pursuant to the personalized learning plan. (Added 2013, No. 77, § 1; amended 2013, No. 77, §§ 4, 5; 2017, No. 49, § 39, eff. May 23, 2017.)
2023 Vermont Statutes › Title 16 - Education › Chapter 23 - Courses of Study › § 945. Adult Diploma Program; General Educational Development Program

§ 945. Adult Diploma Program; General Educational Development Program
(a) The Secretary shall maintain an Adult Diploma Program (ADP), which shall be an assessment process administered by the Agency through which an individual who is at least 20 years of age can receive a local high school diploma granted by one of the Program’s participating high schools.
(b) The Secretary shall maintain a General Educational Development (GED) Program, which it shall administer jointly with the GED testing service and approved local testing centers and through which an adult individual who is at least 16 years of age and who is not enrolled in secondary school can receive a secondary school equivalency certificate based on successful completion of the GED tests.
(c) The Secretary may provide additional programs designed to address the individual needs and circumstances of adult students, particularly students with the lowest levels of literacy skills. (Added 2013, No. 77, § 1; amended 2013, No. 77, §§ 6, 7; 2019, No. 131 (Adj. Sess.), § 69.)
2023 Vermont Statutes › Title 16 - Education › Chapter 23 - Courses of Study › § 946. Early college

§ 946. Early college
(a) For each grade 12 Vermont student enrolled, the Secretary shall pay an amount equal to 87 percent of the base education amount to:
(1) the Vermont Academy of Science and Technology (VAST); and
(2) an early college program other than the VAST program that is developed and operated or overseen by the University of Vermont, by one of the Vermont State Colleges, or by an accredited private postsecondary school located in Vermont and that is approved for operation by the Secretary; provided, however, when making a payment under this subdivision (2), the Secretary shall not pay more than the tuition charged by the institution.
(b) The Secretary shall make the payment pursuant to subsection (a) of this section directly to the postsecondary institution, which shall accept the amount as full payment of the student’s tuition.
(c) A student on whose behalf the Secretary makes a payment pursuant to subsection (a) of this subsection:
(1) shall be enrolled as a full-time student in the institution receiving the payment for the academic year for which payment is made;
(2) shall not be enrolled concurrently in a secondary school operated by the student’s district of residence or to which the district pays tuition on the student’s behalf; and
(3) shall not be included in the average daily membership of any school district for the academic year for which payment is made; provided, however, that if more than five percent of the grade 12 students residing in a district enroll in an early college program, then the district may include the number of students in excess of five percent in its average daily membership; but further provided that a student in grade 12 enrolled in a college program shall be included in the percentage calculation only if, for the previous academic year, the student was enrolled in a school maintained by the district or was a student for whom the district paid tuition to a public or approved independent school.
(d) A postsecondary institution shall not accept a student into an early college program unless enrollment in an early college program was an element of the student’s personalized learning plan. (Added 2017, No. 49, § 30, eff. May 23, 2017.)