reglab/statecodes huggingface dataset:
Code of Vermont Rules › Agency 21 - DEPARTMENT OF FINANCIAL REGULATION › Sub-Agency 020 - INSURANCE DIVISION › Chapter 069 - RULE 1-2016-01 - POSTING ONLINE OF PRESCRIPTION DRUG FORMULARIES BY HEALTH INSURERS › Section 21 020 069 - RULE 1-2016-01 - POSTING ONLINE OF PRESCRIPTION DRUG FORMULARIES BY HEALTH INSURERS

Current through June, 2024
Section 1 Purpose
The purpose of this rule is to standardize the posting of
				  qualified health plan Prescription Drug Formularies by Health
				  Insurers
Section 2 Authority
The Commissioner of the Department of Financial Regulation
				  has the authority to issue this rule under
				  8 V.S.A. §
											15 and Act 165 of the 2015-2016
				  session.
Section 3
				Applicability and Scope
This rule shall apply to all health insurers that offer
				  health benefit plans to Vermont residents through the Health Benefit Exchange
				  ("Health Insurers"). Health Insurers shall ensure that their prescription drug
				  formularies are posted online, updated frequently, and are searchable by
				  enrollees, potential enrollees, and health care providers.
Section 4 Online Posting Requirements
1. Health Insurers must post their
				prescription drug formularies online beginning on or before November 1, 2016,
				or the effective date of this rule, whichever is later.
2. Health Insurers must update the posted
				formularies at least quarterly.
3.
				Posted formularies must be searchable by enrollees, potential enrollees, and
				health care providers. This may be accomplished by separate online functions
				for paragraphs 4 and 5 of this section.
4. Posted formularies must include
				information about covered prescription drugs, applicable cost- sharing amounts,
				drug tiers, and any requirements for prior authorization, step therapy or other
				utilization management.
5. Each
				Health Insurer shall post cost sharing amounts that are specific to each of the
				qualified plans that are certified by DVHA. The health insurer may provide a
				narrative explanation of any additional impacts on cost sharing such as, but
				limited to, choice of deductibles, federal or state cost sharing reduction
				programs or federal cost sharing programs for Native Americans.
6. Each Health Insurer shall post cost
				sharing by dosage and strength.
7.
				Each Health Insurer shall display online cost sharing amounts for each
				individual drug and in the aggregate for all drugs that an individual is
				searching.
Code of Vermont Rules › Agency 21 - DEPARTMENT OF FINANCIAL REGULATION › Sub-Agency 020 - INSURANCE DIVISION › Chapter 070 - REGULATION I-2016-02 BUSINESS ENTITY LIMITED LINES PRODUCER FOR TRAVEL INSURANCE LICENSE › Section 21 020 070 - REGULATION I-2016-02 BUSINESS ENTITY LIMITED LINES PRODUCER FOR TRAVEL INSURANCE LICENSE

Current through June, 2024
Section 1 Authority
This regulation is promulgated under the authority granted to
				  the Commissioner by
				  8 V.S.A.
				  §§
											15,
				  4813a(6)
				  and
				  4813f(b).
Section 2 Definitions
(A) "Limited lines producer for travel
				insurance" means a:
Licensed insurance producer, including a limited lines
				  producer, designated by an insurer as the travel insurance supervising entity
				  as set forth in section
				  6
				  below.
(B) "Offer and
				disseminate" means providing general information, including a description of
				the coverage and price, as well as processing the application, collecting
				premiums, and performing other non-licensable activities permitted by the
				Department of Financial Regulation.
(C) "Travel insurance" means insurance
				coverage for personal risks incident to planned travel, including but not
				limited to:
(1) interruption or cancellation
				of trip or event;
(2) loss of
				baggage or personal effects;
(3)
				damages to accommodations or rental vehicles; or
(4) sickness, accident, disability or death
				occurring during travel.
Travel insurance does not include major medical plans, which
				  provide comprehensive medical protection for travelers with trips lasting six
				  (6) months or longer, including for example, those working overseas as an
				  ex-patriot or military personnel being deployed.
(D) "Travel retailer" means a business entity
				that makes, arranges or offers travel services and may offer and disseminate
				travel insurance as a service to its customers on behalf of and under the
				direction of a limited lines producer for travel insurance.
Code of Vermont Rules › Agency 21 - DEPARTMENT OF FINANCIAL REGULATION › Sub-Agency 020 - INSURANCE DIVISION › Chapter 074 - INSURANCE REGULATORY SANDBOX; INNOVATION WAIVER REGULATION (REG. I-2019-03) › Section 21 020 074 - INSURANCE REGULATORY SANDBOX; INNOVATION WAIVER REGULATION (REG. I-2019-03)

Current through
				June, 2024
Section 1
				Purpose
The purpose of this regulation is to set forth the
				  requirements and standards for the submission, granting, denying, monitoring,
				  and revocation of innovation waivers, and the monitoring, examination, and
				  supervision of, and reporting by, persons applying for or granted innovation
				  waivers (collectively, "participants"), in each case pursuant to 8 V.S.A.
				  § 15a.
Section 2
				Authority
This regulation is promulgated under the authority granted to
				  the Commissioner by
				  8 V.S.A. §
											15 a.
Section 3 Applications for innovation waivers
A. An application for an innovation waiver
				shall be submitted in writing to the Commissioner at least 60 days prior to the
				proposed effective date of the waiver. An application shall be in a form
				acceptable to the Commissioner and include the following:
1. The specific waiver requested, including
				the precise scope and duration requested.
2. The relevant facts the participant
				believes would justify a waiver under each of the criteria described in 8
				V.S.A. § 15a(a).
3. All
				information required by 8 V.S.A. § 15a(b).
4. If the product or service proposed to be
				offered pursuant to the waiver involves the use of software, hardware, or other
				technology developed for the purpose of implementing or operating it, a
				detailed description of the operation and general content of technology to be
				utilized, including (a) the problem addressed by that technology and (b) the
				interaction between the technology and its users.
5. A description of the participant's
				personnel and technical expertise and whether any person substantially involved
				in the development, operation, management, or implementation of the product or
				service proposed to be offered pursuant to the waiver has been convicted of any
				state or federal criminal offense, or, if known to the participant, is
				currently under investigation for fraud, state or federal securities
				violations, any property-based offense, or any conduct for which a producer's
				license could be denied, revoked, or non-renewed under the provisions of
				8 V.S.A. §
												4804.
6. A sufficient plan to test, monitor, and
				assess the product or service proposed to be offered pursuant to the waiver and
				to winddown the offering of the product or service at the end of the waiver
				period or if the waiver is withdrawn, canceled, modified, or revoked by the
				Commissioner.
7. The proposed
				metrics by which the Commissioner may reasonably test the utility of the
				product or service proposed to be offered pursuant to the waiver.
8. A copy of the disclosures required under 8
				V.S.A. § 15a(e).
Code of Vermont Rules › Agency 21 - DEPARTMENT OF FINANCIAL REGULATION › Sub-Agency 030 - SECURITIES DIVISION › Chapter 002 - REGULATION S-95-1 - INVESTMENT ADVISERS [AND INVESTMENT ADVISER REPRESENTATIVES] › Section 21 030 002 - REGULATION S-95-1 - INVESTMENT ADVISERS [AND INVESTMENT ADVISER REPRESENTATIVES]

Current
				through June, 2024
Section
				1 AUTHORITY, SCOPE AND PURPOSE
1.01 This regulation is issued by the
				Department of Banking, Insurance and Securities pursuant to the authority
				vested in the Commissioner of Banking, Insurance and Securities
				("Commissioner") by Title 9 V.S.A., sections 4237, 4217(c),
				4224a(e)(5),
				4224a(1)
				and
				4224a(j).
1.02 This regulation applies to any person
				that transacts business in the state of Vermont as an investment adviser or
				investment adviser representative.
1.03 The purpose of this regulation is to
				establish rules which govern the registration and the regulated activities of
				investment advisers and investment adviser representatives in the state of
				Vermont.
Code of Vermont Rules › Agency 21 - DEPARTMENT OF FINANCIAL REGULATION › Sub-Agency 030 - SECURITIES DIVISION › Chapter 003 - UNETHICAL OR DISHONEST PRACTICES OF BROKER/DEALERS AND SALES REPRESENTATIVES - REGULATION 91-1 › Section 21 030 003 - UNETHICAL OR DISHONEST PRACTICES OF BROKER/DEALERS AND SALES REPRESENTATIVES - REGULATION 91-1

Current through June, 2024
Section 1 AUTHORITY, SCOPE AND PURPOSE
1.01 This Regulation is issued by the
				Department of Banking, Insurance and Securities pursuant to the authority
				granted by 9 V.S.A. Section 4237 and 9 V.S.A. Section 4221a(a) (8).
1.02 This Regulation applies to all
				broker-dealers and sales representatives who transact business in
				Vermont.
1.03 The purpose of this
				Regulation is to implement 9 V.S.A. Section 4221a(a) (8). All broker-dealers
				and sales representatives shall observe high standards of commercial honor and
				just and equitable principles of trade in the conduct of their business and
				shall give particular attention to any conflicts of interest that may arise or
				exist. The acts and practices set forth in Section
				3 of this
				Regulation are considered contrary to such standards and may constitute grounds
				for denial, suspension or revocation of registration or such other action
				authorized by statute. This Regulation is not intended to be all inclusive, and
				thus acts or practices not enumerated herein may also be deemed unethical or
				dishonest. This Regulation is also not intended to limit or define fraudulent
				and other prohibited practices under
				9 V.S.A. Section 4224a
				or to preclude the application of the general anti-fraud provisions contained
				therein against any person for acts or practices similar in kind to the acts or
				practices set forth in Section
				3 of this
				Regulation.
Code of Vermont Rules › Agency 21 - DEPARTMENT OF FINANCIAL REGULATION › Sub-Agency 030 - SECURITIES DIVISION › Chapter 004 - REGULATION S-2001-01: PRIVACY OF CONSUMER FINANCIAL AND HEALTH INFORMATION › Section 21 030 004 - REGULATION S-2001-01: PRIVACY OF CONSUMER FINANCIAL AND HEALTH INFORMATION

Current through
				June, 2024
Section 1
				Authority
This Regulation is promulgated pursuant to the Commissioner's
				  authority under 9 V.S.A., Chapter 131, Section 4224a, Section 4229 and Section
				  4237 and Title 8, Section 10.
Section
				2 Purpose, Scope and Compliance
(a) Purpose. This Regulation governs the
				treatment of nonpublic personal information about individuals by the financial
				institutions listed in paragraph (b) of this section. This Regulation:
(1) Requires a financial institution to
				provide notice to individuals about its privacy policies and
				practices;
(2) Describes the
				conditions under which a financial institution may disclose nonpublic personal
				information about individuals to nonaffiliated third parties; and
(3) Provides a method for consumers to
				prevent a financial institution from disclosing that information, subject to
				the exceptions in sections 14, 15, 16 and 17 of this Regulation and subject to
				the federal Fair Credit Reporting Act and Vermont Fair Credit Reporting
				Act.
Code of Vermont Rules › Agency 21 - DEPARTMENT OF FINANCIAL REGULATION › Sub-Agency 030 - SECURITIES DIVISION › Chapter 005 - RULE NO. S-2008-01 - FILING RULE FOR FEDERAL COVERED SECURITIES DESCRIBED IN SECTION 18(B)(4)(D) OF THE SECURITIES ACT OF 1933 › Section 21 030 005 - RULE NO. S-2008-01 - FILING RULE FOR FEDERAL COVERED SECURITIES DESCRIBED IN SECTION 18(B)(4)(D) OF THE SECURITIES ACT OF 1933

Current through June,
				2024
Section 1 Purpose
This Rule establishes requirements for notice filings and
				  notice filing fees with respect to the offer and sale of a Federal Covered
				  Security described in Section 18(b)(4)(D) of the Securities Act of 1933. This
				  Rule is adopted in recognition of the amendment of Regulation D adopted by the
				  SEC ("Securities and Exchange Commission") to authorize the filing of Form D in
				  electronic format with the SEC as described in SEC Securities Act Release No.
				  8891. Section
				  5 of this
				  Rule authorizes an Issuer to file Temporary Form D ( 17 CFR 239.500T ),
				  together with a consent to service of process, or a paper copy of the notice of
				  sales filed with the SEC on Form D (
				  17
				  CFR 239.500 ), until such time as an
				  electronic filing system acceptable to the Commissioner is established that
				  permits the electronic filing of Form D with the Department or his or her
				  designee.
Section 2
				Authority
This Rule is adopted under the authority of Sections 5302(c)
				  and 5605 of the Vermont Securities Act. The Commissioner finds that this Rule
				  is necessary and appropriate in the public interest and for the protection of
				  investors, and that this Rule is consistent with the purposes intended by the
				  Vermont Securities Act.
Section
				3 Definitions
Capitalized terms shall have the same meaning as provided in
				  Section 5102 of the Vermont Securities Act. In addition, as used in this
				  Rule:
(1) "Commissioner" means the
				Commissioner of the Vermont Department of Banking, Insurance, Securities and
				Health Care Administration.
(2)
				"Department" means the Vermont Department of Banking, Insurance, Securities and
				Health Care Administration.
(3)
				"Form D" means the notice of sales on Form D (
				17
				CFR 239.500 ) filed in paper or electronic
				format with the SEC on or after September 15, 2008, as such notice is amended
				by the SEC from time to time.
(4)
				"Rule" means the administrative rule adopted herein.
(5) "SEC" means the Securities and Exchange
				Commission.
(6) "Temporary Form D"
				means the notice of sales on Temporary Form D ( 17 CFR 239.500T ) filed in
				paper format with the SEC prior to March 16, 2009.
(7) "Vermont Securities Act" means the
				Vermont Uniform Securities Act (2002) codified at 9 V.S.A. Chapter 150, as
				amended from time to time.
(8)
				"Securities Act of 1933" means the federal Securities Act of 1933, codified at
				15 U.S.C.
				§§
											77 a - 77aa.
Code of Vermont Rules › Agency 21 - DEPARTMENT OF FINANCIAL REGULATION › Sub-Agency 030 - SECURITIES DIVISION › Chapter 006 - RULE NO. SI-2011-03 - RULE FOR THE USE OF SENIOR-SPECIFIC CERTIFICATIONS AND PROFESSIONAL DESIGNATIONS › Section 21 030 006 - RULE NO. SI-2011-03 - RULE FOR THE USE OF SENIOR-SPECIFIC CERTIFICATIONS AND PROFESSIONAL DESIGNATIONS

Current through June, 2024
Section 1 Purpose
This Rule sets forth standards to protect consumers from
				  misleading and fraudulent marketing practices with respect to the use of
				  senior-specific certifications and professional designations in the offer,
				  sale, or purchase of securities or insurance, or in the providing of investment
				  advice regarding securities or insurance.
Section 2 Authority
This Rule is adopted under the authority of
				  8 V.S.A. §
											15 and 9 V.S.A. § 5605. The commissioner
				  finds that this Rule is necessary and appropriate in the public interest and
				  for the protection of senior investors consistent with the purposes intended by
				  the Senior Investor Protection Act,
				  8 V.S.A. §
											24.
Section 3 Definitions
As used in this Rule:
(1) "Commissioner" means the commissioner of
				the Vermont Department of Banking, Insurance, Securities and Health Care
				Administration.
(2) "Department"
				means the Vermont Department of Banking, Insurance, Securities and Health Care
				Administration.
(3) "Rule" means
				the administrative rule adopted herein.
Code of Vermont Rules › Agency 21 - DEPARTMENT OF FINANCIAL REGULATION › Sub-Agency 040 - DIVISION OF HEALTH CARE ADMINISTRATION › Chapter 012 - INDEPENDENT EXTERNAL REVIEW OF HEALTH CARE SERVICE DECISIONS › Section 21 040 012 - INDEPENDENT EXTERNAL REVIEW OF HEALTH CARE SERVICE DECISIONS

Current through June,
				2024
Section 1. Purpose.
The purpose of this rule is to establish a process for
				  independent external reviews of adverse benefit determinations regarding health
				  benefits that are eligible for independent external review by law.
Section 2. Authority.
The Commissioner of Financial Regulation has the authority to
				  issue this rule under
				  8 V.S.A.
				  §§
											15,
				  4089a and
				  4089f.
Section 3. Applicability and Scope.
(A) This rule shall apply to every
				comprehensive major medical health benefit plan subject to the Department's
				jurisdiction, and the definitions of "medically necessary care", "experimental
				or investigational", and "medically appropriate off-label use of a drug" in the
				contracts, policies, certificates and other forms related to such plans shall
				be as defined in this rule.
(B)
				This rule shall not apply to any health benefit plan that is not a
				comprehensive major medical health benefit plan subject to the Department's
				jurisdiction and shall not apply to one that provides coverage only for a
				specified disease, specified accident or accident- only coverage, credit,
				dental, disability income, hospital indemnity, long-term care insurance, vision
				care or any other limited supplemental benefit, Medicare supplement, Medicare
				Advantage, coverage provided by the Vermont Medicaid program or Medicaid
				benefits provided through a contracted health plan, or to health care services
				provided to inmates by the Department of Corrections.
(C) Health Benefit Plans not subject to the
				Department's jurisdiction may voluntarily agree to utilize the independent
				external review process, however, the definitions of "medically necessary
				care", "experimental or investigational", and "medically appropriate off-label
				use of a drug" as defined in this rule, shall not apply to these
				plans.
(D) If any provisions of any
				such contract, policy, certificate or other forms conflict with provisions of
				this rule, the Department and the independent review organization shall use
				whichever provision is more beneficial to the insured.
Code of Vermont Rules › Agency 21 - DEPARTMENT OF FINANCIAL REGULATION › Sub-Agency 040 - DIVISION OF HEALTH CARE ADMINISTRATION › Chapter 013 - MEDICARE SUPPLEMENT INSURANCE MINIMUM STANDARDS REGULATIONS › Section 21 040 013 - MEDICARE SUPPLEMENT INSURANCE MINIMUM STANDARDS REGULATIONS

Current through June,
				2024
Section 1. Purpose.
The purpose of this regulation is to provide for the
				  reasonable standardization of coverage and simplification of terms and benefits
				  of Medicare supplement policies; to facilitate public understanding and
				  comparison of such policies; to eliminate provisions contained in such policies
				  which may be misleading or confusing in connection with the purchase of such
				  policies or with the settlement of claims; and to provide for full disclosures
				  in the sale of accident and sickness insurance coverages to persons eligible
				  for Medicare.
Section 2.
				Authority.
This regulation is issued pursuant to the authority vested in
				  the Commissioner under
				  8 V.S.A.
				  §§
											15,
				  4071, and
				  5111.
Section 3. Applicability and Scope.
A. Except as otherwise specifically provided
				in Sections
				7, 13, 14,
				17 and
				22, this regulation shall apply
				to:
(1) All Medicare supplement policies
				delivered or issued for delivery in this state on or after the effective date
				of this regulation; and
(2) All
				certificates issued under group Medicare supplement policies which certificates
				have been delivered or issued for delivery in this state.
Code of Vermont Rules › Agency 21 - DEPARTMENT OF FINANCIAL REGULATION › Sub-Agency 040 - DIVISION OF HEALTH CARE ADMINISTRATION › Chapter 016 - HEALTH INSURANCE COVERAGE OF MENTAL HEALTH AND SUBSTANCE ABUSE SERVICES › Section 21 040 016 - HEALTH INSURANCE COVERAGE OF MENTAL HEALTH AND SUBSTANCE ABUSE SERVICES

Current through
				June, 2024
Section 1
				General Provisions
Purpose. The five largest health insurance companies doing
				  business in Vermont, as measured by covered lives, are required to file with
				  the Commissioner (1) an annual report card on the health insurance plan's
				  performance in relation to quality measures for the care, treatment, and
				  treatment options of mental health and substance abuse conditions covered under
				  the plan, and (2) the health insurance plan's revenue loss and expense ratio
				  relating to the care and treatment of mental health conditions covered under
				  the health insurance plan. This regulation sets out the minimum reporting
				  requirements.
Section 2
				Authority
This regulation is issued pursuant to the authority of the
				  Commissioner of the Department of Banking, Insurance, Securities and Health
				  Care Administration to promulgate regulations.
				  8
				  V.S.A. §
											4089b(f) and
				  (g) and 8 V.S.A. § 75.
Section 3 Scope
This rule applies to the five largest health insurance
				  companies licensed in Vermont, as measured by covered Vermont lives, which
				  shall be measured annually by the Vermont Department of Banking, Insurance,
				  Securities and Health Care Administration as of December 31 of the year
				  immediately preceding the report.
Section
				4 Definitions
(A) "Commissioner"
				means the commissioner of the Vermont Department of Banking, Insurance,
				Securities and Health Care Administration.
(B) "Discharge rate" means the number of
				insureds who were discharged from an inpatient facility divided by the number
				of covered lives in the calendar year ending December 31 immediately preceding
				the report.
(C) "Division" means
				the Division of Health Care Administration of the Department of Banking,
				Insurance, Securities and Health Care Administration.
(D) "Insured" means the certificate holder
				and any dependents.
(E) "Insurer"
				means each of the five largest health insurance companies doing business in
				Vermont as measured by covered Vermont lives, as determined annually by the
				Division.
Code of Vermont Rules › Agency 21 - DEPARTMENT OF FINANCIAL REGULATION › Sub-Agency 040 - DIVISION OF HEALTH CARE ADMINISTRATION › Chapter 022 - RULE H-2008-05 - HEALTH INSURANCE PROGRAMS PROMOTING WELLNESS › Section 21 040 022 - RULE H-2008-05 - HEALTH INSURANCE PROGRAMS PROMOTING WELLNESS

Current through June,
				2024
Section 1 Policy
(a) Authority
This Rule is promulgated pursuant to Titles 8 and 18 of the
				  Vermont Statutes Annotated, The Health Care Affordability Act of 2006 (Act 191,
				  2005, Adj. Sess.), An Act Relating to Health Care Reform (Act 203, 2007, Adj.
				  Sess.) and other applicable law.
(b) Policy
Health care costs continue to rise in excess of the rate of
				  inflation and these rising costs create hardships to all Vermonters. Effective
				  use of preventive care and chronic care management is needed to prevent or slow
				  the progress of chronic disease and reduce disease complications. Reducing
				  major health risks such as poor diet, lack of physical activity, tobacco use,
				  and alcohol and substance abuse will stern the rising incidence of chronic
				  diseases linked to these factors over the long term.
(c) Scope
This Rule applies to all health insurance policies and
				  contracts, whether issued by a health insurer, a nonprofit medical or hospital
				  service corporations, or a health maintenance organization. This Rule does not
				  apply to coverage for specified disease or other limited benefits, Medicare
				  Supplement, long term care, or workers compensation.
Code of Vermont Rules › Agency 21 - DEPARTMENT OF FINANCIAL REGULATION › Sub-Agency 040 - DIVISION OF HEALTH CARE ADMINISTRATION › Chapter 023 - RULE H-2008-04 - HEALTH INSURANCE CLAIMS ADMINISTRATION › Section 21 040 023 - RULE H-2008-04 - HEALTH INSURANCE CLAIMS ADMINISTRATION

Current through June,
				2024
Section 1 Purpose
				and Goals
(a) The purpose of this Rule is to
				establish a process for the creation of uniform standards, including electronic
				transaction standards, for health insurance claims administration and
				adjudication, including but not limited to standards relating to claims forms,
				patient invoices and explanation of benefits forms, the use of payment codes,
				claims submission and processing procedures, and the prior authorization
				process.
(b) The goals of this Rule
				are set forth in 18 V.S.A. ' 9408 and Sec. 55 of Act 191 (2006):
(1) simplifying the claims administration
				process for consumers, health care providers, and others so that the process is
				more understandable and less time-consuming; and
(2) lowering administrative costs in the
				health care financing system.
Code of Vermont Rules › Agency 21 - DEPARTMENT OF FINANCIAL REGULATION › Sub-Agency 040 - DIVISION OF HEALTH CARE ADMINISTRATION › Chapter 027 - RULE H-2011-01 LICENSING REQUIREMENTS FOR MENTAL HEALTH REVIEW AGENTS › Section 21 040 027 - RULE H-2011-01 LICENSING REQUIREMENTS FOR MENTAL HEALTH REVIEW AGENTS

Current through June,
				2024
Section 1 Purpose
The purpose of this regulation is to set forth the
				  requirements and standards for the licensing of persons or entities that
				  perform service review activities of mental health care
				  services.
Section 2
				Authority
This rule is issued pursuant to the authority vested in the
				  Commissioner of the Department of Banking, Insurance, Securities and Health
				  Care Administration by
				  8 V.S.A.
				  §§
											15,
				  4089a,
				  4089b,
				  and
				  4724
				  and
				  18
				  V.S.A. § 9414.
Section
				3 Definitions
(A) "Adverse
				benefit determination" means a denial, reduction, modification or termination
				of, or a failure to provide or make payment (in whole or in part) for, a
				benefit, including but not limited to:
1. a
				denial, reduction, termination or failure to provide or make payment that is
				based on a determination of a participant's or beneficiary's eligibility to
				participate in a health benefit plan;
2. a denial, reduction, modification or
				termination of, or a failure to provide or make payment (in whole or in part)
				for, a benefit resulting from the application of any utilization review;
				and
3. a failure to cover an item
				or service for which benefits are otherwise provided because it is determined
				to be experimental or investigational or not medically necessary or
				appropriate.
Code of Vermont Rules › Agency 22 - DEPARTMENT OF EDUCATION › Sub-Agency 000 - GENERAL › Chapter 002 - STATE BOARD OF EDUCATION (1200) › Section 22 000 002 - STATE BOARD OF EDUCATION (1200)

Current through June, 2024
Part 1210
				ORGANIZATION
Section 1211 Membership
See:
				  16
				  VSA §
												161.
Section 1212 Removal of Members
See:
				  16 VSA §
												162.
Section 1213 Compensation
See: 16 VSA § 1010.
Section 1214 Officers
See:
				  16
				  VSA §
												161,
				  211.
Section 1215 Powers and Duties
See: 16 VSA §
											§ 144-174,
				  211,
				  213,
				  3011-3019.
Code of Vermont Rules › Agency 22 - DEPARTMENT OF EDUCATION › Sub-Agency 000 - GENERAL › Chapter 005 - 2300 LENGTH OF SCHOOL DAY AND YEAR - SPECIFIC PROGRAM REQUIREMENTS FOR PUBLIC SCHOOLS › Section 22 000 005 - 2300 LENGTH OF SCHOOL DAY AND YEAR - SPECIFIC PROGRAM REQUIREMENTS FOR PUBLIC SCHOOLS

Current through June, 2024
Section 2310 Length of School Day and
				Year
Section 2311 School Year
Each public school shall be maintained and operated for 175
				  student days unless waivers are granted by the Board as provided by
				  16 VSA §
											1071.
2311.1 Days lost because schools are closed
				for emergency reasons prior to February 1 of any year shall be rescheduled and
				made up during that school year when such closing will result in a schedule of
				less than 175 pupil attendance days for the year.
2311.2 Petitions for waivers of the 175
				student attendance days shall be submitted to the Commissioner's office within
				10 days as stipulated by law.
2311.3 Petitions received between February 1
				and June 15 will be considered on a case-by-case basis. When a petition is
				sought for emergency reasons, the State Board will consider the school
				district's calendar to determine if a substantial number of contingency days
				were included, particularly if the cause is inclement weather
				conditions.
2311.4 School districts
				shall include no fewer than five contingency days as annual school calendars
				are developed and adopted.
2311.5
				Day of Mourning. Whenever a National Day of Mourning falls on a regularly
				scheduled day of school, the day shall be counted as a full day of
				school.
Code of Vermont Rules › Agency 22 - DEPARTMENT OF EDUCATION › Sub-Agency 000 - GENERAL › Chapter 006 - SPECIAL EDUCATION RULES (2360-2369) › Section 22 000 006 - SPECIAL EDUCATION RULES (2360-2369)

Current through June, 2024
Introduction.
INDIVIDUALS WITH DISABILITIES EDUCATION ACT
				  2004
The Individuals with Disabilities Education Act (IDEA), first
				  enacted in 1975 and most recently revised in 2004, is a federal law governing
				  how State provide accommodations, and services to support children and students
				  with disabilities in their education.
IDEA is composed of four parts:
Part A - General Provisions
* Part B - Assistance for Education of All Children with
				  Disabilities (ages three through 21)
* Part C - Infants and Toddlers with Disabilities (birth up
				  to age three)
* Part D - National Activities to Improve Education of
				  Children with Disabilities
These Rules relate specifically to Part C and Part B of IDEA
				  and also provide reference to other pertinent federal and State Rules governing
				  special education in Vermont. Major Rules Sections are organized based on
				  chronology:
(1) General - Vermont
				Special Education Rules
(2) Part C
				- Rules governing services to children birth up to age three
(3) Part B - Rules governing services to
				students ages three through 21
(4)
				Supplemental Rules Pertinent to Special Education and Section 504 of the
				Rehabilitation Act of 1975
GENERAL PROVISIONS OF VERMONT'S SPECIAL EDUCATION
				  RULES
2360 SPECIAL EDUCATION
2360.1 Statement of Purpose.
These rules are designed to ensure that:
(a) Eligible Vermont students with
				disabilities have available to them a free appropriate public education that
				emphasizes special education and related services designed to meet their unique
				needs and prepare them for further education, employment, and independent
				living; in accordance with state and federal laws and regulations and in a
				cost-effective manner; and
(b) The
				rights of children with disabilities and their parents are
				protected.
Code of Vermont Rules › Agency 22 - DEPARTMENT OF EDUCATION › Sub-Agency 000 - GENERAL › Chapter 009 - PUPILS (4000) › Section 22 000 009 - PUPILS (4000)

Current through June, 2024
Part 4100 STATUTORY AUTHORITY
Section 4101 Safety Program
Every school district receiving federal and/or state funds
				  for program support will develop a program of safety, institute that safety
				  program, and monitor it to make sure it is kept current.
Section 4102 Emergency Plan
Superintendents and school boards shall develop a
				  comprehensive emergency plan for each school that will be updated and tested
				  annually and a functional emergency organization.
The plan shall include provision for such disasters as fire,
				  smoke, tornado, nuclear disaster, snow, blizzard, ice, flood, earthquake, bomb
				  threat, civil disturbance, bus accidents and other emergencies.
Code of Vermont Rules › Agency 22 - DEPARTMENT OF EDUCATION › Sub-Agency 000 - GENERAL › Chapter 014 - SCHOOL BUILDINGS AND SITES › Section 22 000 014 - SCHOOL BUILDINGS AND SITES

Current through June, 2024
Section 6100
				BUILDING PROJECTS ELIGIBLE FOR STATE AID
Section
				6110 Statutory Authority 16 VSA Chapter 123
Section 6111 Policy and Purpose
(a) It is the policy of the State of Vermont
				to encourage renovation of, additions to, or construction of school facilities
				where necessary to meet the educational needs of Vermont pupils. Any such
				projects should be developed with standards of quality for public schools set
				forth in
				16
				V.S.A. §
											165 in mind and in a cost and
				energy efficient manner. Further it is the policy of the State Board to
				encourage the use of existing infrastructure to meet the needs of Vermont
				students in accordance with the State Board policy on historic preservation.
				Joint construction projects between two or more school districts and
				consolidation of buildings within a district where feasible and educationally
				appropriate are also encouraged. The State Board, in favor of local objectives
				to better the learning environment, shall liberally construe these rules. These
				rules are intended to establish the extent to which a proposed project is
				eligible to receive state construction aid, but shall in no way limit the
				amount of construction that a local district may authorize or expend on a
				project.
(b) It is the purpose of
				these rules to provide the procedures and standards for school districts
				applying for school construction aid. In order for the State Board of Education
				to approve a construction aid project, it must comply with the applicable
				provisions of Rules 6100 et seq. Approval of the project may be for the whole
				of the project or only for such component parts as found by the State Board of
				Education to meet the requirements set forth herein.
Code of Vermont Rules › Agency 22 - DEPARTMENT OF EDUCATION › Sub-Agency 000 - GENERAL › Chapter 016 - RELATIONSHIP WITH PUBLIC, OTHER AGENCIES, AND INSTITUTIONS › Section 22 000 016 - RELATIONSHIP WITH PUBLIC, OTHER AGENCIES, AND INSTITUTIONS

Current through June, 2024
Section 7100
				INTERSTATE AGREEMENTS
7110 Personnel
				Qualifications Interstate Agreement on Qualification of Educational Personnel
				16 VSA § 2041-2062. (See also Series 5000 of this manual, titled School
				Personnel.)
7120 Vermont - New
				Hampshire Interstate Compact 16 VSA § 771-784.
7130 Vermont - New York Interstate Compact 16
				VSA Chapter 16.
Code of Vermont Rules › Agency 22 - DEPARTMENT OF EDUCATION › Sub-Agency 000 - GENERAL › Chapter 017 - SCHOOL LUNCH PROGRAMS › Section 22 000 017 - SCHOOL LUNCH PROGRAMS

Current through June, 2024
Section 8100 SCHOOL LUNCH PROGRAMS
Statement of Purpose
The purpose of school lunch programs is to safeguard the
				  health and well-being of Vermont's children, to assist the schools to serve
				  nutritious lunches to children each school day, and to teach and model good
				  nutrition habits in the schools.
8110
				Statutory Authority:
				16 V.S.A. §
											1262b,
				42 U.S.C. §
											1751 et seq.
8111 Grants from state or federal funds to
				school boards pursuant to
				16 V.S.A. §
											1262a(a) shall be awarded in
				a manner consistent with the National School Lunch Act as amended from time to
				time and its accompanying regulations found in Title 7 of the Code of Federal
				Regulations as amended from time to time.
8112 Each recipient school board as that term
				is defined in
				16 V.S.A. §
											1261a shall adopt, maintain and update as
				necessary a policy on the provision of school lunches in accordance with these
				rules and state and federal law and regulations.
8113 In the 1988-1989 school year, and as
				federal requirements are amended, the Commissioner shall provide to each
				recipient school board a copy of the relevant federal regulations governing
				school lunch programs. In addition, in the 1988-1989 school year and as federal
				requirements are amended, the Commissioner shall provide to each recipient
				school board a summary of federal eligibility requirements for school lunch
				programs, as well as requirements relating to confidentiality,
				non-discrimination, nutritional standards, and financial accountability.
8120 In any fiscal year, no more
				than ten percent of state funds made available for school lunch programs
				pursuant to
				16 V.S.A. §
											1262a(a) may be awarded for
				the purchase of equipment for school lunch programs. The remainder of state
				funds must be awarded for the operation of school lunch programs on a per meal
				basis. Requests for funds from the state board to purchase equipment for school
				lunch programs shall be made on a form developed by the Commissioner and awards
				made on the basis of criteria developed by the Commissioner. Such criteria
				shall be designed to equitably distribute available funds to programs most in
				need and at minimum shall require consideration of the following factors:
(1) Percentage of children eligible for free
				and reduced price meals,
(2)
				Condition of existing equipment,
(3) How new equipment will improve the food
				service program, and
(4) Local
				matching funds available.
8130 All prior state board regulations
				governing the operation of school lunch programs are hereby repealed.
Code of Vermont Rules › Agency 22 - DEPARTMENT OF EDUCATION › Sub-Agency 000 - GENERAL › Chapter 018 - PUBLIC BIDS › Section 22 000 018 - PUBLIC BIDS

Current through June, 2024
SUBCHAPTER 9000 PUBLIC BIDS
9001 Definitions
9001.1 "Publicly advertise or invite" means,
				for the purposes of
				16 V.S.A. §
												559(a), to seek bids on
				goods or services through written communication mailed, personally delivered,
				published in a newspaper of general circulation or printed in a newsletter or
				trade publication. The written communication need not contain all the bid
				specifications but may generally describe the item to be bid upon and provide
				information on how further uniform written specifications may be obtained. If
				the request for bids is sent by mail, certified mail shall be used.
9001.2 "Through no fault of its own" means,
				for the purposes of
				16 V.S.A. §
												559(f), one or more of the
				following:
(a) Fewer than three bidders are
				reasonably available to bid on the goods or service, or fewer than three bids
				were received after reasonable advertisement and/or invitation were
				attempted.
(b) The price of a
				particular product or service is fixed by corporate policy.
(c) Any other reason the public bid procedure
				set forth in
				16 V.S.A. §
													559 cannot be complied with, as approved by
				the commissioner, not because of a lack of effort by the board but because of
				circumstances particular to the nature of the product or service or the vendor
				or supplier.
9001.3
				"Fair and public process" means, for the purposes of
				16 V.S.A. §
												559(f), that the board
				documents why advertising or inviting three bids would be or has been futile
				and documents why the process it proposes or attempted for seeking bidders
				offers or offered a reasonable opportunity for vendors or suppliers to be put
				on notice of the request for bids without intentional favoritism toward any
				potential or actual bidder.
9001.4
				"Newspaper of general circulation" means a newspaper of record as approved by
				the Secretary of State having general circulation in the part of the state in
				which the school district is located.
9001.5 "Lowest responsible bid or bids
				conforming to specifications", as contained in 16 VSA 559(c), means both the
				amount of the base bid and any alternate bids responsive to priorities set
				forth in the bid specifications.
Code of Vermont Rules › Agency 22 - DEPARTMENT OF EDUCATION › Sub-Agency 000 - GENERAL › Chapter 019 - COORDINATION OF SERVICES TO CHILDREN AND ADOLESCENTS WITH A SEVERE EMOTIONAL DISTURBANCE › Section 22 000 019 - COORDINATION OF SERVICES TO CHILDREN AND ADOLESCENTS WITH A SEVERE EMOTIONAL DISTURBANCE

Current through June, 2024
Section 10100 Statement of Purpose
These rules are jointly promulgated by the Vermont
				  Departments of Mental Health and Mental Retardation (DMHMR) and Social and
				  Rehabilitation Services (SRS) and the Vermont State Board of Education to
				  implement the provisions of Act 203 of the 1990 Adjourned Session. It is the
				  intent of these rules that improved coordination among the three agencies and
				  the local service providers will result in improved services for children and
				  adolescents with a severe emotional disturbance.
Nothing in the provisions of this chapter shall be construed
				  to grant an entitlement to any child or adolescent with a severe emotional
				  disturbance to receive any educational, residential, mental health or other
				  service until and unless the general assembly further provides that such
				  children and adolescents or any subgroup thereof are so
				  entitled.
Statutory Authority:
					 33 V.S.A. §
												4305
Code of Vermont Rules › Agency 22 - DEPARTMENT OF EDUCATION › Sub-Agency 000 - GENERAL › Chapter 020 - UNIFORM SCHOOL CALENDAR › Section 22 000 020 - UNIFORM SCHOOL CALENDAR

Current through June, 2024
Statewide Student Attendance Calendar 1996-1997
N.B. The State Board of Education is interested in seeing
				  student attendance calendars with a greater number of student days. Therefore
				  this calendar proposes 175, 180, and 185-day student attendance calendars.
				  Districts are encouraged to link inservice activities with other professional
				  development activities available around the state. State minimums call for five
				  inservice days per year; the State Board of Education recommends 10. This
				  calendar proposes 10 possible inservice days.
[See tables in printed version]
Code of Vermont Rules › Agency 22 - DEPARTMENT OF EDUCATION › Sub-Agency 000 - GENERAL › Chapter 023 - GENERAL RULES FOR PREQUALIFICATION OF BIDDERS ON CONTRACTS OVER $ 500,000 › Section 22 000 023 - GENERAL RULES FOR PREQUALIFICATION OF BIDDERS ON CONTRACTS OVER $ 500,000

Current through June, 2024
Section
				6310 Statutory Authority 16 V.S.A. 559(b)
Section 6320 Policy And Procedure
To ensure that school construction projects are bid through a
				  fair and open process and bids are received from responsible and qualified
				  contractors.
Section 6330
				Cross References
State Board Rules: 6000 Series - School Construction and 9000
				  Series Public Bids
Section
				6340 Pre-qualification Procedures
A school board shall determine which contractors are eligible
				  to bid on school construction contracts in excess of $ 500,000. For the purpose
				  of these rules an award to a general contractor shall constitute one contract.
				  The prequalification procedures are as follows:
1. The board shall establish prequalification
				criteria for the contract in question.
2. The board shall publicly advertise at
				least 60 days prior to proposed bid opening that it has established
				prequalification criteria a bidder must meet and that it is seeking interested
				bidders to apply for prequalification.
3. The advertisement shall include:
(a) A brief description of the project for
				which the contract will be bid
(b)
				When bids are anticipated to be opened.
(c) When and where prequalification
				statements are to be received.
(d)
				Notice that prequalification statements are to be submitted on the AIA - A305
				1986 forms or most recently amended form AIA - A305, with attachments thereto,
				if necessary, to respond to additional pre-qualification criteria established
				by the board.
Code of Vermont Rules › Agency 22 - DEPARTMENT OF EDUCATION › Sub-Agency 000 - GENERAL › Chapter 024 - CONSTRUCTION MANAGEMENT › Section 22 000 024 - CONSTRUCTION MANAGEMENT

Current through June, 2024
Section 6410 Statutory Authority 16 V.S.A.
				Section 559(d)
Section 6420 Policy
				And Purpose
To ensure that school construction projects using a
				  construction management approach are bid through a fair and open
				  process.
Section 6430
				Definitions
"Construction manager" means, for the purpose of these rules,
				  a person or entity providing some or all of the following services for a fee to
				  a school board throughout a school construction process:
(a) general advice;
(b) value engineering;
(c) project scheduling;
(d) cost estimating;
(e) project management; and
(f) document preparation, including bids and
				contracts.
"Construction management" means, for the purposes of these
				  rules, the services provided by a construction manager.
Code of Vermont Rules › Agency 22 - DEPARTMENT OF EDUCATION › Sub-Agency 000 - GENERAL › Chapter 027 - FULL-TIME EQUIVALENT ENROLLMENT OF PUPILS (9200) › Section 22 000 027 - FULL-TIME EQUIVALENT ENROLLMENT OF PUPILS (9200)

Current through June, 2024
Section 9200.1
				Statutory Authority
16 V.S.A §
											4001(1)
Section 9200.2 General Definition
For the purposes of
				  16 V.S.A. §
											4001(1), "full-time
				  equivalent enrollment of pupils" for K-12 pupils means enrollment for the
				  minimum hours per week in each grade as required by Rule 2311.4. No pupil shall
				  be counted as more than one in full-time equivalent enrollment.
Section 9200.3 K-12 Pupils
				Attending Less than Full-Time
For K-12 pupils attending school for fewer than the minimum
				  number of hours required per week, the percentage of full-time equivalent
				  enrollment in each grade shall be calculated by applying the ratio of actual
				  hours such pupils are enrolled per week to the minimum hours per week required
				  by Rule 2311.4 for that grade.
9200.3.1 A student enrolled as a home study
				student pursuant to
				16 V.S.A. §
											166b who is not a part-time student enrolled
				in academic programs, but who participates in one or more cocurricular or
				extracurricular activities at a public school, shall be counted as .03 of a
				full-time equivalent student for each activity in which he or she participates.
				For purposes of this provision, the reporting period shall be from beginning of
				the 41st day of a school year to the end of the 40th day of the following
				school year.
Code of Vermont Rules › Agency 22 - DEPARTMENT OF EDUCATION › Sub-Agency 000 - GENERAL › Chapter 028 - REPORTING STUDENTS FOR WHOM ENGLISH IS NOT THE PRIMARY LANGUAGE UNDER THE EQUAL EDUCATION OPPORTUNITY ACT › Section 22 000 028 - REPORTING STUDENTS FOR WHOM ENGLISH IS NOT THE PRIMARY LANGUAGE UNDER THE EQUAL EDUCATION OPPORTUNITY ACT

Current through June, 2024
9501 Each school
				district shall report, as part of its average daily membership count, pursuant
				to
				16 V.S.A. §
										4010(e), the number of
				students for whom English is not the primary language. A student shall be
				determined to be a "student for whom English is not the primary language," for
				purposes of this rule if:
(a) the student
i) has a primary or home language that is not
				English as indicated on the State of Vermont, Primary/Home Language Survey form
				and,
ii) within the preceding
				twelve months has been assessed for and found to be limited English proficient
				(LEP) by a qualified professional using an appropriate English as a second
				language assessment including but not limited to, the IDEA proficiency test,
				Language Assessment Scales, or the Maculaitis Assessment; or