BILL AS INTRODUCED H.89
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H.89 1
Introduced by Representatives Tagliavia of Corinth, Coffin of Cavendish, 2
Demar of Enosburgh, Keyser of Rutland City, Labor of 3
Morgan, Morgan, M. of Milton, Page of Newport City, and 4
Powers of Waterford 5
Referred to Committee on 6
Date: 7
Subject: Education; maintenance of public schools; elementary education; 8
secondary education; school choice 9
Statement of purpose of bill as introduced: This bill proposes to allow all 10
Vermont students to attend the school of the student’s choice, paid for by a 11
School Choice Grant issued by the Agency of Education. The School Choice 12
Grant would be paid from the Education Fund payment otherwise due to the 13
student’s school district of residence. This bill also proposes to require the 14
Joint Fiscal Office to issue a report with recommendations for the integration 15
of the school choice program into Vermont’s current education funding 16
structure. 17
An act relating to school choice for all Vermont students 18 BILL AS INTRODUCED H.89
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VT LEG #379624 v.1
It is hereby enacted by the General Assembly of the State of Vermont: 1
Sec. 1. 16 V.S.A. § 822b is added to read: 2
§ 822b. SCHOOL CHOICE 3
(a) Policy. It shall be the policy of the State of Vermont to allow a parent 4
and the parent’s child in grades prekindergarten through 12 to choose which 5
public or independent school the child shall attend, regardless of the child’s 6
district of residence. 7
(b) Parental choice of school. On or before a date set by the Secretary of 8
Education in the second semester of a school year, the parent or guardian of a 9
student may select from a list of public and approved independent schools 10
maintained by the Agency of Education the school to which the parent or 11
guardian wishes to have the parent or guardian’s child attend for the coming 12
school year, and shall notify the Agency of that choice. Failure to notify the 13
Agency in a timely manner shall be deemed to indicate that the parent or 14
guardian wishes the child to remain in the school in which the student currently 15
attends. The State Board of Education shall by rule provide for midyear 16
transfers and adjustments in extraordinary cases. 17
(c) Acceptance of choice of school. A Vermont public school shall accept 18
all students whose parent or guardian has selected that school unless the school 19
has insufficient capacity or resources. In that case, the school shall accept 20
students who apply by lottery but may give preference to students whose 21 BILL AS INTRODUCED H.89
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siblings attend the school. An approved independent school may not decline to 1
accept a student because of race, creed, color, national origin, marital status, 2
sex, sexual orientation, or gender identity. 3
(d) School Choice Grant. Upon parental selection and notification of the 4
student’s acceptance by the receiving school, the Agency of Education shall 5
issue a School Choice Grant to the receiving district or approved independent 6
school selected, which shall be paid from the Education Fund payment 7
otherwise due the student’s school district of residence. 8
(e) Nonoperating districts. If a district does not maintain a school for the 9
grades it is organized to provide education for its resident students, at and after 10
the inception of the program described in this section, the district shall 11
continue to pay tuition for each of its resident students according to sections 12
821 and 822 of this title until a student continuing to reside in the district 13
completes the student’s secondary education. 14
(f) Acceptance of School Choice Grants. A Vermont public school shall 15
accept the tuition paid under the School Choice Grant established in 16
subsection (d) of this section as full payment for tuition but may assess fees 17
and other charges related to the cost of providing its customary education 18
program for all of its students. An approved independent school or an out-of-19
state public school may charge tuition in excess of the tuition amount paid 20
under the School Choice Grant under subsection (e) of this section, but 21 BILL AS INTRODUCED H.89
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payment of the excess amount shall be the responsibility of the parent or 1
guardian. 2
Sec. 2. SCHOOL CHOICE FUNDING; REPORT 3
On or before January 15, 2026, the Joint Fiscal Office (JFO) shall prepare a 4
written report for the House and Senate Committees on Education, the House 5
Committee on Ways and Means, and the Senate Committee on Finance, with 6
recommendations for the integration of the school choice program created in 7
Sec. 1 of this act into Vermont’s current education funding structure, in 8
accordance with the State policy set out in 16 V.S.A. § 822b(a). In preparing 9
the report, JFO shall consult with the Agency of Education and any other 10
relevant stakeholders. 11
Sec. 3. EFFECTIVE DATES 12
This act shall take effect on passage, except that Sec. 1 shall take effect on 13
August 1, 2026. 14