Code of Vermont Rules › Agency 22 - DEPARTMENT OF EDUCATION › Sub-Agency 000 - GENERAL › Chapter 004 - INDEPENDENT SCHOOL PROGRAM APPROVAL (2200) › Section 22 000 004 - INDEPENDENT SCHOOL PROGRAM APPROVAL (2200)

Current through June, 2024
Section 2200
				Independent School Program Approval.
Pursuant to Act 173 of 2018, as amended, these rules take
				  effect on July 1, 2023 except the following rules which take effect on
				  adoption: Rule 2223 (Procedure), Rule 2224 (Reciprocity), Rule 2226
				  (Application) and Rule 2227 (Approval).
Section 2220 Statement of Purpose.
The purpose of independent school approval rules is to assure
				  effective, available, and equitable educational opportunities for students
				  enrolled in Vermont's independent schools in accordance with State and federal
				  law and aligned with the purposes set forth in Act 173 of
				  2018.
Section 2221 Statutory
				Authority.
16 V.S.A. §§ 166., 2958(e), and
				  2973.
Section 2222
				Definitions.
Agency: means the Vermont Agency of Education.
Approved Independent School: means an independent school that
				  meets the requirements in Rule 2223.3 as well as the requirements in SBE Rule
				  2225 (tuition from public funds) and SBE Rule 2226 (Application).
Approved Independent School Ineligible to Receive Public
				  Funds: means an independent school that meets the requirements in SBE Rules
				  2226 (Application) and 2227 (Approval) but does not meet the requirements of
				  rules concerning the delivery of special education services in SBE Rule
				  2229.
Board (or State Board or SBE): means the Vermont State Board
				  of Education.
Individualized Education Program (IEP): means a written
				  statement for a student with a disability that is developed, reviewed, and
				  revised in accordance with SBE Rule 2363.
Therapeutic Approved Independent School (or Therapeutic
				  Independent School or Therapeutic School): means an approved independent school
				  that limits enrollment to students who are on an IEP or plan under Section 504
				  of the Rehabilitation Act of 1973,  29 U.S.C. §
											794. and who are enrolled
				  pursuant to a written agreement between an LEA and the school. These schools
				  are eligible to receive public tuition, which is inclusive of both general and
				  special education services and is at a rate approved by the Agency of
				  Education.
Local Education Agency (LEA): as that term is defined in  20 U.S.C. §
											7801.(26), means the supervisory union or supervisory
				  district.
Recognized Independent School: means an independent school
				  meeting the requirements in 16 V.S.A. § 166.(c). A recognized independent
				  school is not eligible to receive public tuition.
Secretary: means the Secretary of the Vermont Agency of
				  Education.
Special Education Fees: means funds paid by a school district
				  or supervisory union to an approved independent school for special education
				  services beyond those covered by general education tuition, as defined in 16
				  V.S.A. § 2973.(b)(2)(B).
Special Education Services: means specially designated
				  instruction at no cost to the parent, to meet the unique needs of an eligible
				  student with a disability, including instruction conducted in the classroom, in
				  the home, in hospitals and institutions and in other settings; and instruction
				  in physical education.
Specially designed instruction means adapting, as appropriate
				  to the needs of an eligible student, the content, methodology, or delivery of
				  instruction to address the unique needs of the student that result from the
				  student's disability and to ensure access of the student to the general
				  curriculum, so that the student can meet the educational standards within the
				  State that apply to all children. This definition is intended to be consistent
				  with the term "Special Education Services" as used in SBE Rule
				  2360.2.12.
Student: means a person age three through age
				  twenty-one.
Student who requires additional support: means a student who
				  meets the criteria defined in 16 V.S.A. § 2942.(8).
Tuition: means funds paid by a school district to an approved
				  independent school for general education in accordance with SBE Rule
				  2225.
Section 2223
				Procedures for Approved Independent Schools and Approved Independent Schools
				Ineligible to Receive Public Funds.
Every person or entity desiring to operate an approved
				  independent elementary or secondary school shall apply in writing to the
				  Secretary. An application shall meet the requirements of SBE Rule 2226
				  (Application).
Upon receipt of an application for initial approval or
				  renewal of approval, the Secretary shall appoint a review committee of at least
				  two persons.
2223.1 Visit.
The review committee shall visit the school. To the extent
				  possible, the visit shall be coordinated by the Secretary with other agencies
				  of state government that inspect such facilities.
2223.2 Report.
The committee shall write a report, including a written
				  initial recommendation regarding approval, to the Secretary. A copy of the
				  initial recommendation shall be provided at the same time to the applicant. The
				  applicant shall be given 30 days to respond before the Secretary makes a final
				  recommendation regarding approval to the State Board. The Secretary's final
				  recommendation shall contain the findings of other agencies of state government
				  that inspect such facilities.
2223.3 General Conditions for Approval.
Approval shall be recommended for an independent school
				  offering elementary or secondary education that provides a minimum course of
				  study pursuant to 16 V.S.A. § 906. and that substantially complies with
				  all statutory requirements for approved independent schools and the Board's
				  rules for approved independent schools, including Rule 2226 and Rule 2227.
				  Effective July 1, 2023, an independent school that intends to accept public
				  tuition must also meet the requirements of SBE Rule 2229. Effective July 1,
				  2023, a school meeting approval requirement in SBE Rules 2226 (Application) and
				  2227 (Approval) but not Rule 2229 (Approval to Receive Public Tuition, Special
				  Education Approval) may be recommended for approval but may not receive public
				  tuition.
2223.4 Review.
The Secretary shall designate a date for action by the Board.
				  Officials of the school shall be notified of this date.
2223.5 Renewal.
Not less than six months prior to expiration of a school's
				  approval, the Secretary shall send an application packet and a letter notifying
				  the school when the site visit will occur and that the completed application
				  must be received from the school not later than 30 days prior to the scheduled
				  site visit.
2223.6
				Extension.
Approval of a school completing a timely application for
				  further approval shall extend until the Board acts on further
				  approval.
2223.7
				Termination.
Approval of an independent school that fails to complete
				  timely application for further approval shall terminate on the date specified
				  in the most recent approval action.
2223.8 Revocation or Suspension of Approval.
Prior to recommending revocation or suspension of approval,
				  the Secretary shall initiate a formal investigation pursuant to rule 2223.9
				  (Complaints; Investigations). Following the formal investigation, the Secretary
				  shall share the findings with the Council of Independent Schools. The Council
				  shall consider the findings from the investigation and the Secretary's proposed
				  resolution and issue a written opinion on the same. If, after receiving the
				  Council's opinion, the Secretary determines that revocation or suspension of
				  approval is warranted, the Secretary shall notify the State Board of the
				  recommendation and provide notice to the school. The State Board shall hold a
				  hearing pursuant to 3 V.S.A. chapter 25 to consider the Secretary's
				  recommendation.
(a) After providing an
				opportunity for hearing, the Board may revoke, suspend, or impose conditions on
				the approval of an approved independent school for:
(1) Failure to demonstrate that the school
				has the resources required to meet its stated objectives;
(2) Failure to comply with statutory
				requirement or the Board's rules for approved independent schools;
(3) Failure to report any of the financial
				events listed in (b) below; or
(4)
				Failure to make an annual enrollment report to the Secretary as required by 16
				V.S.A. § 166.(b)(4).
(b) An approved independent school shall
				report to the Secretary within five days after its knowledge of any of the
				following events, unless the failure is de minimus:
(1) The school's failure to file its federal
				or State tax returns when due, taking into account permissible extensions of
				time;
(2) The school's failure to
				meet its payroll obligations as they are due or pay federal or State payroll
				tax obligations when due;
(3) The
				school's failure to maintain required retirement contributions;
(4) The school's use of designated funds for
				nondesignated purposes;
(5) The
				school's inability to fully comply with the financial terms of its secured
				installment debt obligations over a period of two consecutive months, including
				the school's failure to make interest or principal payments as they are due or
				to maintain any required financial ratios;
(6) The withdrawal or conditioning of the
				school's accreditation on financial grounds by a private, State or regional
				agency recognized by the Board for accrediting purposes; or
(7) The school's insolvency as defined in 9
				V.S.A. § 2286.(a).
(c) If the State Board reasonably believes
				that an approved independent school lacks the financial capacity to meet its
				stated objectives during the period of its approved status, the Board shall so
				notify the school in writing and shall act in accordance with the procedure set
				forth in 16 V.S.A. § 166.(b)(8)(B).
(d) If the State Board, after having provided
				the school a reasonable opportunity to respond to the Board's notification,
				does not find that the school has satisfactorily responded or demonstrated its
				financial capacity, the Board may establish a review team that, with the
				consent of the school, includes a member of the Council of Independent Schools,
				to:
(1) Conduct a school visit to assess the
				school's financial capacity;
(2)
				Obtain from the school such financial documentation as the review team requires
				to perform its assessment; and
(3)
				Submit a report of its findings and recommendations to the State
				Board.
(e) If the State
				Board concludes that an approved independent school lacks financial capacity to
				meet its stated objectives during the period of its approved status, the State
				Board may take any action that is authorized by this section.
(f) In considering whether an independent
				school lacks financial capacity to meet its stated objectives during the period
				of its approved status and what actions the State Board should take if it makes
				this finding, the State Board may consult with, and draw on the analytical
				resources of, the Vermont Department of Financial Regulation.
(g) Information provided by a school under
				this section that is not already in the public domain is exempt from public
				inspection and copying under the Public Records Act and shall be kept
				confidential according to 16 V.S.A. § 166.(b)(8).
2223.9 Complaints; Investigations.
(a) The Secretary shall conduct an initial
				investigation of reports or complaints related to the approval standards and
				laws that apply to approved independent schools. If, following an initial
				investigation, the Secretary finds a violation of approval standards or laws
				that apply to approved independent schools, the Secretary should first
				determine whether the matter can be resolved through informal means, such as by
				provision of regulatory guidance, and confirm that corrective action is taken
				by the school. If the Secretary determines that informal means are not
				appropriate to the violation or if the matter has not been resolved informally,
				the Secretary may place the approved independent school on probation.
(b) At any time, the Secretary may convene a
				review team to conduct a formal investigation without first attempting an
				informal resolution or imposing probation.
(c) An approved independent school may appeal
				the imposition of probation to the State Board by requesting a hearing as
				provided above.
(d) The Secretary
				shall maintain a register of all complaints that result in imposition of
				probation or a formal investigation, which shall be a public record and which
				shall include the general nature of the complaint and action taken by the
				Secretary.
(e) Formal
				Investigations
(1) The school shall receive
				notification of the complaint unless contraindicated by the particular
				facts.
(2) If the Secretary
				determines that a formal investigation is warranted, the Secretary shall
				appoint a review team of at least two persons including a member of the Council
				of Independent Schools. The team will conduct the investigation and will inform
				the Secretary and the school of the results. The process in SBE Rule 2223.8
				shall then apply.
(3) Reports of
				drug or alcohol use shall be referred to the state's attorney for the county in
				which the school is located. Reports of child abuse or neglect shall be
				reported to the Department for Children and Families. Reports concerning the
				safety of facilities, water supply, electricity, plumbing, or waste disposal
				systems shall be referred to the appropriate agency.