Vermont 2025-2026 Regular Session

Vermont House Bill H0122 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	BILL AS INTRODUCED H.122
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6	6	H.122 1
7	7	Introduced by Representatives Birong of Vergennes and Graning of Jericho 2
8	8	Referred to Committee on 3
9	9	Date: 4
10	10	Subject: Education; Agency of Education; State Board of Education; 5
11	11	governance; school districts; class size; school facilities; independent 6
12	12	schools; designation 7
13	13	Statement of purpose of bill as introduced: This bill proposes to: 8
14	14	(1) require the State to provide educational opportunities through the 9
15	15	merger of the school districts in existence on July 1, 2025 into not more than 10
16	16	25 newly formed unified union school districts; 11
17	17	(2) provide a process for review by the Secretary of Education and 12
18	18	create the Commission on the Sustainable Realignment of Vermont School 13
19	19	Districts to create a final plan for district realignment, if necessary; 14
20	20	(3) allow school districts to designate independent schools that meet 15
21	21	certain criteria to provide education for students residing in the district who 16
22	22	would have to travel more than certain periods of time to attend a public school 17
23	23	within the district; and 18
24	24	(4) eliminate the independent school approval process. 19 BILL AS INTRODUCED H.122
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29	29	An act relating to the sustainable realignment of Vermont’s school districts 1
30	30	It is hereby enacted by the General Assembly of the State of Vermont: 2
31	31	* * * Governance Structures * * * 3
32	32	Sec. 1. GOVERNANCE STRUCTURES ; POLICY 4
33	33	In order to provide substantially equal educational opportunities in an 5
34	34	efficient, sustainable, and stable education system that enables students to 6
35	35	achieve or exceed the State’s Education Quality Standards, while also 7
36	36	maximizing operational efficiencies, the State shall provide for the education 8
37	37	of its students across not more than 25 separate school districts. 9
38	38	Sec. 2. SUSTAINABLE GOVERNANCE STRUCTURES 10
39	39	(a) Notwithstanding any provision of law to the contrary, on or before July 11
40	40	1, 2030, the State shall provide educational opportunities through the merger of 12
41	41	the school districts in existence on July 1, 2025 into not more than 25 newly 13
42	42	formed unified union school districts. Each of the newly formed school 14
43	43	districts shall: 15
44	44	(1) be responsible for the education of its resident prekindergarten 16
45	45	through grade 12 students; 17
46	46	(2) be its own supervisory district; and 18
47	47	(3) be organized and operate schools for all grades, prekindergarten 19
48	48	through grade 12, subject to the following provisions: 20 BILL AS INTRODUCED H.122
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53	53	(A) A school district may choose to designate, pursuant to 16 V.S.A. 1
54	54	§§ 820 and 827, not more than three schools that are eligible for designation to 2
55	55	provide education for resident students of the district who would spend: 3
56	56	(i) more than 45 minutes being transported from the resident’s 4
57	57	home to a public elementary school located within the district; or 5
58	58	(ii) more than 75 minutes being transported from the resident’s 6
59	59	home to a public high school located within the district. 7
60	60	(B) An elementary school operated by a school district shall have a 8
61	61	minimum: 9
62	62	(i) average daily membership of 450 students; and 10
63	63	(ii) average class size of 18 students. 11
64	64	(C) A high school operated by a school district shall have a 12
65	65	minimum: 13
66	66	(i) average daily membership of 600 students; and 14
67	67	(ii) average class size of 25 students. 15
68	68	(D) The provisions of this subdivision (3) regarding minimum 16
69	69	average daily membership and average class sizes shall not apply to a public 17
70	70	school, public school program, or a therapeutic school, if all students in the 18
71	71	school or program are enrolled in the class or school either as a documented 19
72	72	part of the student’s IEP or Section 504 plan or pursuant to a written agreement 20
73	73	between the local education agency and the school, as applicable. 21 BILL AS INTRODUCED H.122
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78	78	(b) School districts that meet the requirements of subsection (a) of this 1
79	79	section shall be formed by merging the governance structures of all member 2
80	80	districts into a single unified union school district pursuant to the processes and 3
81	81	requirements of 16 V.S.A. chapter 11. Newly formed school districts shall 4
82	82	obtain an affirmative vote of all “necessary” districts not later than July 1, 5
83	83	2029 and shall be operational on or before July 1, 2030. The study committee 6
84	84	report presented to the State Board and district voters pursuant to 16 V.S.A. 7
85	85	chapter 11 shall indicate how the proposed unified union school district will 8
86	86	meet the requirements of subsection (a) of this section. 9
87	87	(c) In addition to making the findings required under 16 V.S.A. § 709 and 10
88	88	considering whether the proposed unified union school district will meet the 11
89	89	requirements of subsection (a) of this section, when evaluating the study 12
90	90	committee report, the State Board shall also be mindful of any other district in 13
91	91	the region that may become geographically isolated. The State Board may 14
92	92	request the Secretary of Education to work with potentially isolated districts 15
93	93	and other districts in the region to move toward a governance structure that 16
94	94	meets the requirements of subsection (a) of this section. 17
95	95	(d) The State Board is authorized to deny approval to a proposal that would 18
96	96	geographically isolate a district that would not be an appropriate member of 19
97	97	another sustainable governance structure in the region. 20 BILL AS INTRODUCED H.122
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102	102	(e) The State Board may adjust the boundaries and existence of supervisory 1
103	103	unions as necessary based on the newly formed unified union school districts 2
104	104	created pursuant to this section. 3
105	105	Sec. 3. REVIEW OF SUSTAINABLE GOVERNANCE STRUCTURES 4
106	106	(a) Secretary’s recommendation. In order to ensure the State is able to 5
107	107	provide educational opportunities through the merger of the school districts in 6
108	108	existence on July 1, 2025 into not more than 25 newly formed unified union 7
109	109	school districts that meet the requirements of Sec. 1 of this act, the Secretary of 8
110	110	Education shall review the governance structures of the school districts and 9
111	111	supervisory unions of the State as they will exist, or are anticipated to exist, on 10
112	112	July 1, 2030. On or before June 1, 2029, the Secretary shall develop, publish 11
113	113	on the Agency of Education’s website, and present to the Commission on the 12
114	114	Sustainable Realignment of Vermont School Districts a proposed plan that, to 13
115	115	the extent necessary to align the provision of education with the requirements 14
116	116	of Sec. 1 of this act, would move districts then in existence into larger unified 15
117	117	union school districts. 16
118	118	(b) Final plan. On or before November 30, 2029, the Commission on the 17
119	119	Sustainable Realignment of Vermont School Districts shall review and analyze 18
120	120	the Secretary’s proposal, may take testimony or ask for additional information 19
121	121	from districts and supervisory unions, shall approve the Secretary’s proposal 20
122	122	either in its original form or in an amended form that complies with Sec. 1 of 21 BILL AS INTRODUCED H.122
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127	127	this act, and shall publish on the Agency’s website its order merging and 1
128	128	realigning districts and supervisory unions where necessary. 2
129	129	(c) Applicability. This section shall not apply to: 3
130	130	(1) an interstate school district; or 4
131	131	(2) a regional career technical center school district formed under 16 5
132	132	V.S.A. chapter 37, subchapter 5A. 6
133	133	(d) Charters. The provisions of this section shall supersede any educational 7
134	134	charter provision to the contrary. 8
135	135	(e) Creation of the Commission on the Sustainable Realignment of 9
136	136	Vermont School Districts. 10
137	137	(1) Creation. There is created the Commission on the Sustainable 11
138	138	Realignment of Vermont School Districts to review and analyze the Secretary 12
139	139	of Education’s proposal pursuant to subsection (a) of this section and issue an 13
140	140	order merging and realigning districts and supervisory unions where necessary 14
141	141	to ensure all Vermont school districts comply with the requirements of Sec. 1 15
142	142	of this act. 16
143	143	(2) Membership. The Commission shall be composed of five retired 17
144	144	superintendents: 18
145	145	(A) one member shall be appointed by the Governor; 19
146	146	(B) two members shall be appointed by the Speaker of the House; 20
147	147	and 21 BILL AS INTRODUCED H.122
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152	152	(C) two members shall be appointed by the Senate Committee on 1
153	153	Committees. 2
154	154	(3) Powers and duties. The Commission shall review and analyze the 3
155	155	Secretary of Education’s proposal pursuant to this section and issue an order 4
156	156	merging and realigning districts and supervisory unions where necessary to 5
157	157	ensure all Vermont school districts comply with the requirements of Sec. 1 of 6
158	158	this act. 7
159	159	(4) Assistance. The Commission shall have the administrative, 8
160	160	technical, and legal assistance of the Agency of Education. 9
161	161	(5) Final plan. On or before November 30, 2029, the Commission on 10
162	162	the Sustainable Realignment of Vermont School Districts shall issue its final 11
163	163	plan in accordance with the requirements of subsection (b) of this section. 12
164	164	(6) Meetings. 13
165	165	(A) The member appointed by the Governor shall call the first 14
166	166	meeting of the Commission to occur after the Secretary’s plan is issued 15
167	167	pursuant to subsection (a) of this section, but not later than July 1, 2029. 16
168	168	(B) The Commission shall select a chair from among its members at 17
169	169	the first meeting. 18
170	170	(C) A majority of the membership shall constitute a quorum. 19
171	171	(D) The Commission shall cease to exist on July 1, 2031. 20 BILL AS INTRODUCED H.122
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176	176	(7) Compensation and reimbursement. Members of the Commission 1
177	177	shall be entitled to per diem compensation and reimbursement of expenses as 2
178	178	permitted under 32 V.S.A. § 1010 for not more than 10 meetings. These 3
179	179	payments shall be made from monies appropriated to Agency of Education. 4
180	180	* * * Independent Schools * * * 5
181	181	Sec. 4. 16 V.S.A. § 11 is amended to read: 6
182	182	§ 11. CLASSIFICATIONS AND DEFINITIONS 7
183	183	(a) As used in this title, unless the context otherwise clearly requires: 8
184	184	* * * 9
185	185	(8) “Independent school” means a school other than a public school, 10
186	186	which provides a program of elementary or secondary education, or both. An 11
187	187	“independent school meeting education quality standards” means an 12
188	188	independent school in Vermont that undergoes the education quality standards 13
189	189	process and meets the requirements of subsection 165(b) of this title. 14
190	190	* * * 15
191	191	(19) “Recognized independent school” for any school year means an 16
192	192	independent school that meets the requirements for recognized independent 17
193	193	schools in section 166 of this title and that is not a home study program. 18
194	194	(20) “Approved independent school” means an independent school that 19
195	195	is approved under section 166 of this title. [Repealed.] 20
196	196	* * * 21 BILL AS INTRODUCED H.122
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201	201	(36) “Therapeutic school” means a recognized independent school that 1
202	202	limits enrollment to students who are on an individualized education program 2
203	203	(IEP) or plan under Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. 3
204	204	§ 794 and who are enrolled pursuant to a written contract between a local 4
205	205	education agency (LEA) and the school. 5
206	206	* * * 6
207	207	Sec. 5. 16 V.S.A. § 166 is amended to read: 7
208	208	§ 166. APPROVED AND RECOGNIZED INDEPENDENT SCHOOLS 8
209	209	(a) Authority. An independent school may operate and provide elementary 9
210	210	education or secondary education if it is either approved or recognized as set 10
211	211	forth in this section. 11
212	212	(b) Approved independent schools. On application, the State Board shall 12
213	213	approve an independent school that offers elementary or secondary education 13
214	214	if it finds, after opportunity for hearing, that the school provides a minimum 14
215	215	course of study pursuant to section 906 of this title and that it substantially 15
216	216	complies with all statutory requirements for approved independent schools and 16
217	217	the Board’s rules for approved independent schools. An independent school 17
218	218	that intends to accept public tuition shall be approved by the State Board only 18
219	219	on the condition that the school agrees, notwithstanding any provision of law 19
220	220	to the contrary, to enroll any student who requires special education services 20
221	221	and who is placed in or referred to the approved independent school as an 21 BILL AS INTRODUCED H.122
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226	226	appropriate placement and least restrictive environment for the student by the 1
227	227	student’s individualized education program team or by the local education 2
228	228	agency; provided, however, that this requirement shall not apply to an 3
229	229	independent school that limits enrollment to students who are on an 4
230	230	individualized education program or a plan under Section 504 of the 5
231	231	Rehabilitation Act of 1973, 29 U.S.C. § 794, and who are enrolled pursuant to 6
232	232	a written agreement between the local education agency and the school. 7
233	233	Except as provided in subdivision (6) of this subsection, the Board’s rules must 8
234	234	at minimum require that the school have the resources required to meet its 9
235	235	stated objectives, including financial capacity, faculty who are qualified by 10
236	236	training and experience in the areas in which they are assigned, and physical 11
237	237	facilities and special services that are in accordance with any State or federal 12
238	238	law or regulation. Approval may be granted without State Board evaluation in 13
239	239	the case of any school accredited by a private, State, or regional agency 14
240	240	recognized by the State Board for accrediting purposes, provided that the State 15
241	241	Board shall determine that the school complies with all student enrollment 16
242	242	provisions required by law. 17
243	243	(1) On application, the State Board shall approve an independent school 18
244	244	that offers kindergarten but no other graded education if it finds, after 19
245	245	opportunity for hearing, that the school substantially complies with the Board’s 20
246	246	rules for approved independent kindergartens. The State Board may delegate 21 BILL AS INTRODUCED H.122
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251	251	to another State agency the authority to evaluate the safety and adequacy of the 1
252	252	buildings in which kindergartens are conducted but shall consider all findings 2
253	253	and recommendations of any such agency in making its approval decision. 3
254	254	(2) Approvals under this subsection (b) shall be for a term established 4
255	255	by rule of the Board but not greater than five years. 5
256	256	(3) An approved independent school shall provide to the parent or 6
257	257	guardian responsible for each of its students, prior to accepting any money for 7
258	258	a student, an accurate statement in writing of its status under this section and a 8
259	259	copy of this section. Failure to comply with this provision may create a 9
260	260	permissible inference of false advertising in violation of 13 V.S.A. § 2005. 10
261	261	(4) Each approved independent school shall provide to the Secretary on 11
262	262	October 1 of each year the names, genders, dates of birth, and addresses of its 12
263	263	enrolled students. Within seven days of the termination of a student’s 13
264	264	enrollment, the approved independent school shall notify the Secretary of the 14
265	265	name and address of the student. The Secretary shall notify the appropriate 15
266	266	school officials as provided in section 1126 of this title. 16
267	267	(5) The State Board may revoke, suspend, or impose conditions upon 17
268	268	the approval of an approved independent school, after having provided an 18
269	269	opportunity for a hearing, for substantial failure to comply with the minimum 19
270	270	course of study, for failure to demonstrate that the school has the resources 20
271	271	required to meet its stated objectives, for failure to comply with statutory 21 BILL AS INTRODUCED H.122
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276	276	requirements or the Board’s rules for approved independent schools, or for 1
277	277	failure to report under subdivision (4) of this subsection (b). Upon that 2
278	278	revocation or suspension, students required to attend school who are enrolled 3
279	279	in that school shall become truant unless they enroll in a public school, an 4
280	280	approved or recognized independent school, or a home study program. 5
281	281	(6) This subdivision (6) applies to an independent school located in 6
282	282	Vermont that offers a distance learning program and that, because of its 7
283	283	structure, does not meet some or all the rules of the State Board for approved 8
284	284	independent schools. In order to be approved under this subdivision, a school 9
285	285	shall meet the standards adopted by rule of the State Board for approved 10
286	286	independent schools that can be applied to the applicant school and any other 11
287	287	standards or rules adopted by the State Board regarding these types of schools. 12
288	288	A school approved under this subdivision shall not be eligible to receive tuition 13
289	289	payments from public school districts under chapter 21 of this title. 14
290	290	(7) Approval for independent residential schools under this subsection is 15
291	291	also contingent upon proof of the school’s satisfactory completion of an annual 16
292	292	fire safety inspection by the Department of Public Safety or its designee 17
293	293	pursuant to 20 V.S.A. chapter 173, subchapter 2. A certificate executed by the 18
294	294	inspecting entity, declaring satisfactory completion of the inspection and 19
295	295	identifying the date by which a new inspection must occur, shall be posted at 20
296	296	the school in a public location. The school shall provide a copy of the 21 BILL AS INTRODUCED H.122
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301	301	certificate to the Secretary of Education after each annual inspection. The 1
302	302	school shall pay the actual cost of the inspection unless waived or reduced by 2
303	303	the inspecting entity. 3
304	304	(8)(A) If an approved independent school experiences any of the 4
305	305	following financial reporting events during the period of its approved status, 5
306	306	the school shall notify the Secretary of Education within five days after its 6
307	307	knowledge of the event unless the failure is de minimis: 7
308	308	(i) the school’s failure to file its federal or State tax returns when 8
309	309	due, after permissible extension periods have been taken into account; 9
310	310	(ii) the school’s failure to meet its payroll obligations as they are 10
311	311	due or to pay federal or State payroll tax obligations as they are due; 11
312	312	(iii) the school’s failure to maintain required retirement 12
313	313	contributions; 13
314	314	(iv) the school’s use of designated funds for nondesignated 14
315	315	purposes; 15
316	316	(v) the school’s inability to fully comply with the financial terms 16
317	317	of its secured installment debt obligations over a period of two consecutive 17
318	318	months, including the school’s failure to make interest or principal payments 18
319	319	as they are due or to maintain any required financial ratios; 19 BILL AS INTRODUCED H.122
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324	324	(vi) the withdrawal or conditioning of the school’s accreditation 1
325	325	on financial grounds by a private, State, or regional agency recognized by the 2
326	326	State Board for accrediting purposes; or 3
327	327	(vii) the school’s insolvency, as defined in 9 V.S.A. § 2286(a). 4
328	328	(B)(i) If the Secretary reasonably believes that an approved 5
329	329	independent school lacks financial capacity to meet its stated objectives during 6
330	330	the period of its approved status, then the Secretary shall notify the school in 7
331	331	writing of the reasons for this belief and permit the school a reasonable 8
332	332	opportunity to respond. 9
333	333	(ii) If the Secretary, after having provided the school a reasonable 10
334	334	opportunity to respond, does not find that the school has satisfactorily 11
335	335	responded or demonstrated its financial capacity, the Secretary may establish a 12
336	336	review team that, with the consent of the school, includes a member of the 13
337	337	Council of Independent Schools, to: 14
338	338	(I) conduct a school visit to assess the school’s financial 15
339	339	capacity; 16
340	340	(II) obtain from the school such financial documentation as the 17
341	341	review team requires to perform its assessment; and 18
342	342	(III) submit a report of its findings and recommendations to the 19
343	343	State Board. 20 BILL AS INTRODUCED H.122
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348	348	(iii) If the State Board concludes that an approved independent 1
349	349	school lacks financial capacity to meet its stated objectives during the period of 2
350	350	its approved status, the State Board may take any action that is authorized by 3
351	351	this section. 4
352	352	(iv) In considering whether an independent school lacks financial 5
353	353	capacity to meet its stated objectives during the period of its approved status 6
354	354	and what actions the State Board should take if it makes this finding, the State 7
355	355	Board may consult with, and draw on the analytical resources of, the Vermont 8
356	356	Department of Financial Regulation. 9
357	357	(C) Information provided by an independent school under this 10
358	358	subsection that is not already in the public domain is exempt from public 11
359	359	inspection and copying under the Public Records Act and shall be kept 12
360	360	confidential. [Repealed.] 13
361	361	(c) Recognized independent schools. Upon filing an enrollment notice, a 14
362	362	recognized independent school may provide elementary or secondary 15
363	363	education in Vermont. The enrollment notice shall be on a form provided by 16
364	364	the Secretary and shall be filed with the Secretary no not earlier than three 17
365	365	months before the beginning of the school year for the public schools in the 18
366	366	town in which the applicant proposes to locate. 19
367	367	(1) The enrollment notice shall contain the following information and 20
368	368	assurances: 21 BILL AS INTRODUCED H.122
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373	373	(A) a statement that the school will be in session an amount of time 1
374	374	substantially equivalent to that required for public schools; 2
375	375	(B) a detailed description or outline of the minimum course of study 3
376	376	for each grade level the school offers and how the annual assessment of each 4
377	377	student will be performed; and 5
378	378	(C) assurances that: 6
379	379	(i) the school will prepare and maintain attendance records for 7
380	380	each student enrolled or regularly attending classes; 8
381	381	(ii) at least once each year, the school will assess each student’s 9
382	382	progress, and will maintain records of that assessment, and present the result of 10
383	383	that assessment to each student’s parent or guardian; 11
384	384	(iii) the school’s educational program will include the minimum 12
385	385	course of study set forth in section 906 of this title; 13
386	386	(iv) the school will have teachers and materials sufficient to carry 14
387	387	out the school’s educational program; and 15
388	388	(v) the school will meet such State and federal laws and 16
389	389	regulations concerning its physical facilities and health and safety matters as 17
390	390	are applicable to recognized independent schools. 18
391	391	(2) If the Secretary has information that creates significant doubt about 19
392	392	whether the school would be able to meet the requirements set forth in this 20
393	393	subsection (c), the Secretary may call a hearing. At the hearing, the school 21 BILL AS INTRODUCED H.122
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398	398	shall establish that it can meet the requirements for recognized independent 1
399	399	schools. Failure to do so shall result in a finding by the Secretary that the 2
400	400	school must take specified action to come into compliance within a specified 3
401	401	time frame or the children enrolled must attend another recognized 4
402	402	independent school, a public school, an approved independent school, or a 5
403	403	home study program, or be declared truant unless absent with legal excuse. 6
404	404	(3) A recognized independent school shall provide to each student’s 7
405	405	parent or guardian a copy of its currently filed statement of objectives and a 8
406	406	copy of this section. The copy shall be provided when the student enrolls or 9
407	407	before September 1, whichever comes later. Failure to comply with this 10
408	408	subsection may create a permissible inference of false advertising in violation 11
409	409	of 13 V.S.A. § 2005. 12
410	410	(4) A recognized independent school shall renew its enrollment notice 13
411	411	annually. An independent school shall be recognized for a period not to 14
412	412	exceed five years by the Secretary without need for filing an annual enrollment 15
413	413	notice if: 16
414	414	(A) it is recognized by an organization approved by the State Board 17
415	415	for the purpose of recognizing such school; or 18
416	416	(B) it is accredited by a private, state, or regional agency approved by 19
417	417	the State Board for accrediting purposes; provided, however, nothing in this 20 BILL AS INTRODUCED H.122
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422	422	subdivision (4) shall be construed to prohibit the Secretary from initiating a 1
423	423	hearing under this subsection (c). 2
424	424	(5) If the Secretary has information that creates significant doubt about 3
425	425	whether the school, once in operation, is meeting the requirements for 4
426	426	recognized independent schools, the Secretary may call a hearing. At the 5
427	427	hearing, the school shall establish that it has met the requirements for 6
428	428	recognized independent schools. Failure to do so shall result in a finding by 7
429	429	the Secretary that: 8
430	430	(A) the school may not be in operation for the remainder of the 9
431	431	school year and that the children are truant unless absent with legal excuse or 10
432	432	enrolled in a public school, an independent school, another recognized 11
433	433	independent school, or a home study program; or 12
434	434	(B) the school must take specified action to come into compliance 13
435	435	within a specified time frame or the school will not be permitted to operate for 14
436	436	the remainder of the school year. 15
437	437	(6) Each recognized independent school shall provide to the Secretary 16
438	438	on October 1 of each year the names, genders, dates of birth, and addresses of 17
439	439	its enrolled students. Within seven days of after the termination of a student’s 18
440	440	enrollment, the recognized independent school shall notify the Secretary of the 19
441	441	name and address of the student. The Secretary shall notify the appropriate 20
442	442	school officials as provided in section 1126 of this title. 21 BILL AS INTRODUCED H.122
443	443	2025 Page 19 of 32
444	444
445	445
446	446	VT LEG #379058 v.3
447	447	(7) After the filing of the enrollment notice or at a hearing, if the school 1
448	448	is unable to comply with any specific requirements due to deep religious 2
449	449	conviction shared by an organized group, the Secretary may waive such 3
450	450	requirements if he or she the Secretary determines that the educational 4
451	451	purposes of this subsection are being or will be substantially met. 5
452	452	(d) Council of Independent Schools. A Council of Independent Schools is 6
453	453	created consisting of 11 members, no fewer than three of whom shall be 7
454	454	representatives of recognized independent schools. The Secretary shall 8
455	455	appoint nine members from within the independent schools’ community. The 9
456	456	Secretary shall appoint two members from the public-at-large. Each member 10
457	457	shall serve for two years and may be reappointed for up to an additional two 11
458	458	terms. The Council shall adopt rules for its own operation. A chair shall be 12
459	459	elected by and from among the members. The duties of the Council shall 13
460	460	include advising the Secretary on policies and procedures with respect to 14
461	461	independent schools. No hearing shall be initiated under this section before the 15
462	462	State Board or by the Secretary until the recommendations of the Council have 16
463	463	been sought and received. The recommendations of the Council, including any 17
464	464	minority reports, shall be admissible at the hearing. 18
465	465	(e) Harassment, hazing, and bullying policies. The board of trustees of an 19
466	466	approved or a recognized independent school operating in Vermont shall adopt 20
467	467	harassment, hazing, and bullying prevention policies; establish procedures for 21 BILL AS INTRODUCED H.122
468	468	2025 Page 20 of 32
469	469
470	470
471	471	VT LEG #379058 v.3
472	472	dealing with harassment, hazing, and bullying of students; and provide notice 1
473	473	of these. The provisions of chapter 9, subchapter 5 of this title for public 2
474	474	schools shall apply to this subsection, except that the board shall follow its 3
475	475	own procedures for adopting policy. 4
476	476	(f) Tuition bills. An approved independent school A school eligible for 5
477	477	designation under section 820 of this title that accepts students for whom the 6
478	478	district of residence pays tuition under chapter 21 of this title shall bill the 7
479	479	sending district monthly for a State-placed student and shall not bill the 8
480	480	sending district for any month in which the State-placed student was not 9
481	481	enrolled. 10
482	482	(g) Tuition students; assessments. An approved independent school A 11
483	483	school eligible for designation under section 820 of this title that accepts 12
484	484	students for whom the district of residence pays tuition under chapter 21 of this 13
485	485	title shall use the assessment or assessments required under subdivision 164(9) 14
486	486	of this title to measure attainment of standards for student performance of 15
487	487	those students. In addition, the school shall provide data related to the 16
488	488	assessment or assessments as required by the Secretary. 17 BILL AS INTRODUCED H.122
489	489	2025 Page 21 of 32
490	490
491	491
492	492	VT LEG #379058 v.3
493	493	* * * Maintenance of Public Schools * * * 1
494	494	Sec. 6. 16 V.S.A. chapter 21 is amended to read: 2
495	495	CHAPTER 21. MAINTENANCE OF PUBLIC SCHOOLS 3
496	496	§ 820. SCHOOLS ELIGIBLE FOR DESIGNATION 4
497	497	(a) Under this chapter, a school district may designate a school to provide 5
498	498	education for resident students of the district who would spend: 6
499	499	(1) more than 45 minutes being transported from the resident’s home to 7
500	500	a public elementary school located within the district; or 8
501	501	(2) more than 75 minutes being transported from the resident’s home to 9
502	502	a public high school located within the district. 10
503	503	(b) A school eligible for designation shall comply with the following: 11
504	504	(1) General characteristics. The school shall be an independent school 12
505	505	recognized under section 166 of this title that meets at least three of the 13
506	506	following four criteria: 14
507	507	(A) The recognized independent school serves as a regional CTE 15
508	508	center as defined in section 1522 of this title. 16
509	509	(B) The recognized independent school was established through the 17
510	510	granting of a charter by the Vermont General Assembly. 18
511	511	(C) The recognized independent school qualified as a public school 19
512	512	under the definition of “public school” in effect on June 30, 1991 under 20
513	513	subdivision 11(a)(7) of this title. 21 BILL AS INTRODUCED H.122
514	514	2025 Page 22 of 32
515	515
516	516
517	517	VT LEG #379058 v.3
518	518	(D) The recognized independent school is designated under section 1
519	519	1935 of this title as an employer of teachers within the meaning of chapter 55 2
520	520	of this title (State Teachers’ Retirement System of Vermont). 3
521	521	(2) School and class size. 4
522	522	(A) A recognized independent elementary school shall have a 5
523	523	minimum: 6
524	524	(i) school size of 450 students; and 7
525	525	(ii) average class size of 18 students. 8
526	526	(B) A recognized independent high school shall have a minimum: 9
527	527	(i) school size of 600 students; and 10
528	528	(ii) average class size of 25 students. 11
529	529	(c) This section shall not apply to therapeutic schools as defined by 12
530	530	subdivision 11(36) of this title. 13
531	531	§ 821. SCHOOL DISTRICT TO MAINTAIN PUBLIC ELEMENTARY 14
532	532	SCHOOLS OR PAY TUITION 15
533	533	(a) Each school district shall maintain one or more approved schools within 16
534	534	the district in which elementary education for its resident students in 17
535	535	kindergarten through grade six is provided unless: 18
536	536	(1) the electorate authorizes the school board to provide for the 19
537	537	elementary education of the students by paying tuition in accordance with law 20
538	538	to one or more public elementary schools in one or more school districts; 21 BILL AS INTRODUCED H.122
539	539	2025 Page 23 of 32
540	540
541	541
542	542	VT LEG #379058 v.3
543	543	(2) the school district is organized to provide only high school education 1
544	544	for its students; or 2
545	545	(3) the General Assembly provides otherwise. 3
546	546	(b) [Repealed.] 4
547	547	(c) Notwithstanding subsection (a) of this section, without previous 5
548	548	authorization by the electorate, a school board in a district that operates an 6
549	549	elementary school may pay tuition for elementary students who reside near a 7
550	550	public elementary school in an adjacent district upon request of the student’s 8
551	551	parent or guardian, if in the board’s judgment the student’s education can be 9
552	552	more conveniently furnished there due to geographic considerations. Within 10
553	553	30 days of following the board’s decision, a parent or guardian who is 11
554	554	dissatisfied with the decision of the board under this subsection may request a 12
555	555	determination by the Secretary, who shall have authority to direct the school 13
556	556	board to pay all, some, or none of the student’s tuition and whose decision 14
557	557	shall be final. 15
558	558	(d) Notwithstanding subdivision (a)(1) of this section, the electorate of a 16
559	559	school district that does not maintain an elementary school may grant general 17
560	560	authority to the school board to pay tuition for an elementary student at an 18
561	561	approved independent elementary school or an independent school meeting 19
562	562	education quality standards pursuant to sections 823 and 828 of this chapter 20 BILL AS INTRODUCED H.122
563	563	2025 Page 24 of 32
564	564
565	565
566	566	VT LEG #379058 v.3
567	567	upon notice given by the student’s parent or legal guardian before April 15 for 1
568	568	the next academic year. [Repealed.] 2
569	569	* * * 3
570	570	§ 822. SCHOOL DISTRICT TO MAINTAIN PUBLIC HIGH SCHOOLS OR 4
571	571	PAY TUITION 5
572	572	(a) Each school district shall maintain one or more approved high schools 6
573	573	in which high school education is provided for its resident students unless: 7
574	574	(1) the electorate authorizes the school board to close an existing high 8
575	575	school and to provide for the high school education of its students by paying 9
576	576	tuition to a public high school, an approved independent high school, or an 10
577	577	independent school meeting education quality standards, to be selected by the 11
578	578	parents or guardians of the student, within or outside the State; or 12
579	579	(2) the school district is organized to provide only elementary education 13
580	580	for its students. 14
581	581	(b) For purposes of this section, a school district that is organized to 15
582	582	provide kindergarten through grade 12 and maintains a program of education 16
583	583	for only the first eight years of compulsory school attendance shall be 17
584	584	obligated to pay tuition for its resident students for at least four additional 18
585	585	years. [Repealed.] 19
586	586	(c)(1) A school district may both maintain a high school and furnish high 20
587	587	school education by paying tuition: 21 BILL AS INTRODUCED H.122
588	588	2025 Page 25 of 32
589	589
590	590
591	591	VT LEG #379058 v.3
592	592	(A) to a public school as in the judgment of the school board may 1
593	593	best serve the interests of the students; or 2
594	594	(B) to an approved independent school or an independent school 3
595	595	meeting education quality standards if the school board judges that a student 4
596	596	has unique educational needs that cannot be served within the district or at a 5
597	597	nearby public school. 6
598	598	(2) The judgment of the board shall be final in regard to the institution 7
599	599	the students may attend at public cost. [Repealed.] 8
600	600	* * * 9
601	601	§ 823. ELEMENTARY TUITION 10
602	602	(a) Tuition for elementary students shall be paid by the district in which the 11
603	603	student is a resident. The district shall pay the full tuition charged its students 12
604	604	attending a public designated elementary school. If a payment made to a 13
605	605	public designated elementary school is three percent more or less than the 14
606	606	calculated net cost per elementary pupil in the receiving school district for the 15
607	607	year of attendance, the district shall be reimbursed, credited, or refunded 16
608	608	pursuant to section 836 of this title. Notwithstanding the provisions of this 17
609	609	subsection or of subsection 825(b) of this title, the boards or boards of trustees 18
610	610	of both the receiving and sending districts or schools may enter into tuition 19
611	611	agreements with terms differing from the provisions of those subsections, 20
612	612	provided that the receiving district or school must offer identical terms to all 21 BILL AS INTRODUCED H.122
613	613	2025 Page 26 of 32
614	614
615	615
616	616	VT LEG #379058 v.3
617	617	sending districts, and further provided that the statutory provisions apply to 1
618	618	any sending district that declines the offered terms. 2
619	619	(b) Unless the electorate of a school district authorizes payment of a higher 3
620	620	amount at an annual or special meeting warned for the purpose, the tuition paid 4
621	621	to an approved independent elementary school or an independent school 5
622	622	meeting education quality standards shall not exceed the least of: 6
623	623	(1) the average announced tuition of Vermont union elementary schools 7
624	624	for the year of attendance; 8
625	625	(2) the tuition charged by the approved independent school for the year 9
626	626	of attendance; or 10
627	627	(3) the average per-pupil tuition the district pays for its other resident 11
628	628	elementary students in the year in which the student is enrolled in the approved 12
629	629	independent school. [Repealed.] 13
630	630	§ 824. HIGH SCHOOL TUITION 14
631	631	(a) Tuition for high school students shall be paid by the school district in 15
632	632	which the student is a resident. 16
633	633	(b) Except as otherwise provided for technical students, the district shall 17
634	634	pay the full tuition charged its students attending a public designated high 18
635	635	school in Vermont or an adjoining state or a public or approved independent 19
636	636	school in Vermont functioning as an approved area career technical center, or 20
637	637	an independent school meeting education quality standards; provided: 21 BILL AS INTRODUCED H.122
638	638	2025 Page 27 of 32
639	639
640	640
641	641	VT LEG #379058 v.3
642	642	(1) If a payment made to a public designated high school or an 1
643	643	independent school meeting education quality standards is three percent more 2
644	644	or less than the calculated net cost per secondary pupil in the receiving school 3
645	645	district or independent school for the year of attendance then the district or 4
646	646	school shall be reimbursed, credited, or refunded pursuant to section 836 of 5
647	647	this title. 6
648	648	(2) Notwithstanding the provisions of this subsection or of subsection 7
649	649	825(b) of this title, the board or board of trustees of the receiving public 8
650	650	designated school district, or public or approved independent school 9
651	651	functioning as an area career technical center, or independent school meeting 10
652	652	education quality standards may enter into tuition agreements with the boards 11
653	653	of sending districts that have terms differing from the provisions of those 12
654	654	subsections, provided that the receiving district or school must offer identical 13
655	655	terms to all sending districts, and further provided that the statutory provisions 14
656	656	apply to any sending district that declines the offered terms. 15
657	657	(c) The district shall pay an amount not to exceed the average announced 16
658	658	tuition of Vermont union high schools for the year of attendance for its 17
659	659	students enrolled in an approved independent school not functioning as a 18
660	660	Vermont area career technical center, or any higher amount approved by the 19
661	661	electorate at an annual or special meeting warned for that purpose. [Repealed.] 20
662	662	* * * 21 BILL AS INTRODUCED H.122
663	663	2025 Page 28 of 32
664	664
665	665
666	666	VT LEG #379058 v.3
667	667	§ 826. NOTICE OF TUITION RATES; SPECIAL EDUCATION CHARGES 1
668	668	(a) A school board, or the board of trustees of an independent school 2
669	669	meeting education quality standards, a school eligible for designation under 3
670	670	section 820 of this title that proposes to increase tuition charges shall notify the 4
671	671	school board of the school district from which its nonresident students come, 5
672	672	and the Secretary, of the proposed increase on or before January 15 in any 6
673	673	year; such increases shall not become effective without the notice and not until 7
674	674	the following school year. 8
675	675	(b) A school board or the board of trustees of an independent school 9
676	676	meeting education quality standards may establish a separate tuition for one or 10
677	677	more special education programs. No such tuition shall be established unless 11
678	678	the State Board has by rule defined the program as of a type that may be 12
679	679	funded by a separate tuition. Any such tuition shall be announced in 13
680	680	accordance with the provisions of subsection (a) of this section. The amount 14
681	681	of tuition shall reflect the net cost per pupil in the program. The announcement 15
682	682	of tuition shall describe the special education services included or excluded 16
683	683	from coverage. Tuition for part-time students shall be reduced proportionally. 17
684	684	* * * 18
685	685	§ 827. DESIGNATION OF A PUBLIC HIGH SCHOOL OR AN 19
686	686	APPROVED INDEPENDENT HIGH SCHOOL AS THE PUBLIC 20
687	687	HIGH SCHOOL OF A SCHOOL DISTRICT 21 BILL AS INTRODUCED H.122
688	688	2025 Page 29 of 32
689	689
690	690
691	691	VT LEG #379058 v.3
692	692	(a) A school district not maintaining an approved public high school may 1
693	693	vote on such terms or conditions as it deems appropriate, to designate three or 2
694	694	fewer approved independent or public high schools as the public high school or 3
695	695	schools of the district eligible for designation under section 820 of this title to 4
696	696	provide education for the district’s resident students who would spend: 5
697	697	(1) more than 45 minutes being transported from the resident’s home to 6
698	698	a public elementary school located within the district; or 7
699	699	(2) more than 75 minutes being transported from the resident’s home to 8
700	700	a public high school located within the district. 9
701	701	(b) Except as otherwise provided in this section, if the board of trustees or 10
702	702	the school board of a designated school votes to accept this designation, the 11
703	703	school shall be regarded as a public school for tuition purposes under 12
704	704	subsection 824(b) tuition shall be paid in accordance with sections 823 and 824 13
705	705	of this title, and the sending school district shall pay tuition only to that school, 14
706	706	and to any other school designated under this section, until such time as the 15
707	707	sending school district or the designated school votes to rescind the 16
708	708	designation. 17
709	709	(c) A parent or legal guardian who is dissatisfied with the instruction 18
710	710	provided at a designated school or who cannot obtain for his or her child the 19
711	711	kind of course or instruction desired there, or whose child can be better 20
712	712	accommodated in an approved independent or public high school nearer his or 21 BILL AS INTRODUCED H.122
713	713	2025 Page 30 of 32
714	714
715	715
716	716	VT LEG #379058 v.3
717	717	her home during the next academic year, may request on or before April 15 1
718	718	that the school board pay tuition to another approved independent or public 2
719	719	high school selected by the parent or guardian. [Repealed.] 3
720	720	(d) The school board may pay tuition to another approved high school as 4
721	721	requested by the parent or legal guardian if in its judgment that will best serve 5
722	722	the interests of the student. Its decision shall be final in regard to the 6
723	723	institution the student may attend. If the board approves the parent’s request, 7
724	724	the board shall pay tuition for the student in an amount not to exceed the least 8
725	725	of: 9
726	726	(1) The statewide average announced tuition of Vermont union high 10
727	727	schools. 11
728	728	(2) The per-pupil tuition the district pays to the designated school in the 12
729	729	year in which the student is enrolled in the nondesignated school. If the district 13
730	730	has designated more than one school pursuant to this section, then it shall be 14
731	731	the lowest per-pupil tuition paid to a designated school. 15
732	732	(3) The tuition charged by the approved nondesignated school in the 16
733	733	year in which the student is enrolled. [Repealed.] 17
734	734	(e) Notwithstanding any other provision of law to the contrary: 18
735	735	(1) the school districts of Pawlet, Rupert, and Wells may designate a 19
736	736	public high school located in New York as the public high school of the district 20
737	737	pursuant to the provisions of this section; 21 BILL AS INTRODUCED H.122
738	738	2025 Page 31 of 32
739	739
740	740
741	741	VT LEG #379058 v.3
742	742	(2) unless otherwise directed by an affirmative vote of the school 1
743	743	district, when the Wells Board approves parental requests to pay tuition to a 2
744	744	nondesignated approved independent or public school, the Board shall pay 3
745	745	tuition in an amount not to exceed the base education amount as determined 4
746	746	under section 4011 of this title for the fiscal year in which tuition is being paid; 5
747	747	and 6
748	748	(3) unless otherwise directed by an affirmative vote of the school 7
749	749	district, when the Strafford Board approves a parental request to pay tuition to 8
750	750	a nondesignated approved independent or public school, the Board shall pay 9
751	751	tuition to the nondesignated school pursuant to section 824 of this title for the 10
752	752	year in which the student is enrolled; provided, however, that it shall not pay 11
753	753	tuition in an amount that exceeds the tuition paid to the designated school for 12
754	754	the same academic year. [Repealed.] 13
755	755	§ 828. TUITION TO APPROVED SCHOOLS; AGE; APPEAL 14
756	756	A school district shall not pay the tuition of a student except to a public 15
757	757	school, an approved independent school, an independent school meeting 16
758	758	education quality standards a school eligible for designation under section 820 17
759	759	of this title, a tutorial program approved by the State Board, a therapeutic 18
760	760	school, or an approved education program, or an independent school in another 19
761	761	state or country approved under the laws of that state or country, that complies 20
762	762	with the reporting requirement under subsection 4010(c) of this title, nor shall 21 BILL AS INTRODUCED H.122
763	763	2025 Page 32 of 32
764	764
765	765
766	766	VT LEG #379058 v.3
767	767	payment of tuition on behalf of a person be denied on account of age. Unless 1
768	768	otherwise provided, a person who is aggrieved by a decision of a school board 2
769	769	relating to eligibility for tuition payments, the amount of tuition payable, or the 3
770	770	school the person may attend, may appeal to the State Board and its decision 4
771	771	shall be final. 5
772	772	* * * 6
773	773	* * * Technical and Conforming Amendments * * * 7
774	774	Sec. 7. LEGISLATIVE COUNSEL; PREPARATION OF A DRAFT BILL 8
775	775	On or before January 15, 2026, the Office of Legislative Counsel shall 9
776	776	prepare and submit a draft bill to the House and Senate Committees on 10
777	777	Education that makes statutory amendments of a technical nature and identifies 11
778	778	all statutory sections that the General Assembly shall amend substantively to 12
779	779	effect the intent of the act. 13
780	780	* * * Effective Date * * * 14
781	781	Sec. 8. EFFECTIVE DATE 15
782	782	This act shall take effect on July 1, 2025. 16