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H.122 1
Introduced by Representatives Birong of Vergennes and Graning of Jericho 2
Referred to Committee on 3
Date: 4
Subject: Education; Agency of Education; State Board of Education; 5
governance; school districts; class size; school facilities; independent 6
schools; designation 7
Statement of purpose of bill as introduced: This bill proposes to: 8
(1) require the State to provide educational opportunities through the 9
merger of the school districts in existence on July 1, 2025 into not more than 10
25 newly formed unified union school districts; 11
(2) provide a process for review by the Secretary of Education and 12
create the Commission on the Sustainable Realignment of Vermont School 13
Districts to create a final plan for district realignment, if necessary; 14
(3) allow school districts to designate independent schools that meet 15
certain criteria to provide education for students residing in the district who 16
would have to travel more than certain periods of time to attend a public school 17
within the district; and 18
(4) eliminate the independent school approval process. 19 BILL AS INTRODUCED H.122
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An act relating to the sustainable realignment of Vermont’s school districts 1
It is hereby enacted by the General Assembly of the State of Vermont: 2
* * * Governance Structures * * * 3
Sec. 1. GOVERNANCE STRUCTURES ; POLICY 4
In order to provide substantially equal educational opportunities in an 5
efficient, sustainable, and stable education system that enables students to 6
achieve or exceed the State’s Education Quality Standards, while also 7
maximizing operational efficiencies, the State shall provide for the education 8
of its students across not more than 25 separate school districts. 9
Sec. 2. SUSTAINABLE GOVERNANCE STRUCTURES 10
(a) Notwithstanding any provision of law to the contrary, on or before July 11
1, 2030, the State shall provide educational opportunities through the merger of 12
the school districts in existence on July 1, 2025 into not more than 25 newly 13
formed unified union school districts. Each of the newly formed school 14
districts shall: 15
(1) be responsible for the education of its resident prekindergarten 16
through grade 12 students; 17
(2) be its own supervisory district; and 18
(3) be organized and operate schools for all grades, prekindergarten 19
through grade 12, subject to the following provisions: 20 BILL AS INTRODUCED H.122
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(A) A school district may choose to designate, pursuant to 16 V.S.A. 1
§§ 820 and 827, not more than three schools that are eligible for designation to 2
provide education for resident students of the district who would spend: 3
(i) more than 45 minutes being transported from the resident’s 4
home to a public elementary school located within the district; or 5
(ii) more than 75 minutes being transported from the resident’s 6
home to a public high school located within the district. 7
(B) An elementary school operated by a school district shall have a 8
minimum: 9
(i) average daily membership of 450 students; and 10
(ii) average class size of 18 students. 11
(C) A high school operated by a school district shall have a 12
minimum: 13
(i) average daily membership of 600 students; and 14
(ii) average class size of 25 students. 15
(D) The provisions of this subdivision (3) regarding minimum 16
average daily membership and average class sizes shall not apply to a public 17
school, public school program, or a therapeutic school, if all students in the 18
school or program are enrolled in the class or school either as a documented 19
part of the student’s IEP or Section 504 plan or pursuant to a written agreement 20
between the local education agency and the school, as applicable. 21 BILL AS INTRODUCED H.122
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(b) School districts that meet the requirements of subsection (a) of this 1
section shall be formed by merging the governance structures of all member 2
districts into a single unified union school district pursuant to the processes and 3
requirements of 16 V.S.A. chapter 11. Newly formed school districts shall 4
obtain an affirmative vote of all “necessary” districts not later than July 1, 5
2029 and shall be operational on or before July 1, 2030. The study committee 6
report presented to the State Board and district voters pursuant to 16 V.S.A. 7
chapter 11 shall indicate how the proposed unified union school district will 8
meet the requirements of subsection (a) of this section. 9
(c) In addition to making the findings required under 16 V.S.A. § 709 and 10
considering whether the proposed unified union school district will meet the 11
requirements of subsection (a) of this section, when evaluating the study 12
committee report, the State Board shall also be mindful of any other district in 13
the region that may become geographically isolated. The State Board may 14
request the Secretary of Education to work with potentially isolated districts 15
and other districts in the region to move toward a governance structure that 16
meets the requirements of subsection (a) of this section. 17
(d) The State Board is authorized to deny approval to a proposal that would 18
geographically isolate a district that would not be an appropriate member of 19
another sustainable governance structure in the region. 20 BILL AS INTRODUCED H.122
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(e) The State Board may adjust the boundaries and existence of supervisory 1
unions as necessary based on the newly formed unified union school districts 2
created pursuant to this section. 3
Sec. 3. REVIEW OF SUSTAINABLE GOVERNANCE STRUCTURES 4
(a) Secretary’s recommendation. In order to ensure the State is able to 5
provide educational opportunities through the merger of the school districts in 6
existence on July 1, 2025 into not more than 25 newly formed unified union 7
school districts that meet the requirements of Sec. 1 of this act, the Secretary of 8
Education shall review the governance structures of the school districts and 9
supervisory unions of the State as they will exist, or are anticipated to exist, on 10
July 1, 2030. On or before June 1, 2029, the Secretary shall develop, publish 11
on the Agency of Education’s website, and present to the Commission on the 12
Sustainable Realignment of Vermont School Districts a proposed plan that, to 13
the extent necessary to align the provision of education with the requirements 14
of Sec. 1 of this act, would move districts then in existence into larger unified 15
union school districts. 16
(b) Final plan. On or before November 30, 2029, the Commission on the 17
Sustainable Realignment of Vermont School Districts shall review and analyze 18
the Secretary’s proposal, may take testimony or ask for additional information 19
from districts and supervisory unions, shall approve the Secretary’s proposal 20
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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this act, and shall publish on the Agency’s website its order merging and 1
realigning districts and supervisory unions where necessary. 2
(c) Applicability. This section shall not apply to: 3
(1) an interstate school district; or 4
(2) a regional career technical center school district formed under 16 5
V.S.A. chapter 37, subchapter 5A. 6
(d) Charters. The provisions of this section shall supersede any educational 7
charter provision to the contrary. 8
(e) Creation of the Commission on the Sustainable Realignment of 9
Vermont School Districts. 10
(1) Creation. There is created the Commission on the Sustainable 11
Realignment of Vermont School Districts to review and analyze the Secretary 12
of Education’s proposal pursuant to subsection (a) of this section and issue an 13
order merging and realigning districts and supervisory unions where necessary 14
to ensure all Vermont school districts comply with the requirements of Sec. 1 15
of this act. 16
(2) Membership. The Commission shall be composed of five retired 17
superintendents: 18
(A) one member shall be appointed by the Governor; 19
(B) two members shall be appointed by the Speaker of the House; 20
and 21 BILL AS INTRODUCED H.122
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(C) two members shall be appointed by the Senate Committee on 1
Committees. 2
(3) Powers and duties. The Commission shall review and analyze the 3
Secretary of Education’s proposal pursuant to this section and issue an order 4
merging and realigning districts and supervisory unions where necessary to 5
ensure all Vermont school districts comply with the requirements of Sec. 1 of 6
this act. 7
(4) Assistance. The Commission shall have the administrative, 8
technical, and legal assistance of the Agency of Education. 9
(5) Final plan. On or before November 30, 2029, the Commission on 10
the Sustainable Realignment of Vermont School Districts shall issue its final 11
plan in accordance with the requirements of subsection (b) of this section. 12
(6) Meetings. 13
(A) The member appointed by the Governor shall call the first 14
meeting of the Commission to occur after the Secretary’s plan is issued 15
pursuant to subsection (a) of this section, but not later than July 1, 2029. 16
(B) The Commission shall select a chair from among its members at 17
the first meeting. 18
(C) A majority of the membership shall constitute a quorum. 19
(D) The Commission shall cease to exist on July 1, 2031. 20 BILL AS INTRODUCED H.122
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(7) Compensation and reimbursement. Members of the Commission 1
shall be entitled to per diem compensation and reimbursement of expenses as 2
permitted under 32 V.S.A. § 1010 for not more than 10 meetings. These 3
payments shall be made from monies appropriated to Agency of Education. 4
* * * Independent Schools * * * 5
Sec. 4. 16 V.S.A. § 11 is amended to read: 6
§ 11. CLASSIFICATIONS AND DEFINITIONS 7
(a) As used in this title, unless the context otherwise clearly requires: 8
* * * 9
(8) “Independent school” means a school other than a public school, 10
which provides a program of elementary or secondary education, or both. An 11
“independent school meeting education quality standards” means an 12
independent school in Vermont that undergoes the education quality standards 13
process and meets the requirements of subsection 165(b) of this title. 14
* * * 15
(19) “Recognized independent school” for any school year means an 16
independent school that meets the requirements for recognized independent 17
schools in section 166 of this title and that is not a home study program. 18
(20) “Approved independent school” means an independent school that 19
is approved under section 166 of this title. [Repealed.] 20
* * * 21 BILL AS INTRODUCED H.122
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(36) “Therapeutic school” means a recognized independent school that 1
limits enrollment to students who are on an individualized education program 2
(IEP) or plan under Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. 3
§ 794 and who are enrolled pursuant to a written contract between a local 4
education agency (LEA) and the school. 5
* * * 6
Sec. 5. 16 V.S.A. § 166 is amended to read: 7
§ 166. APPROVED AND RECOGNIZED INDEPENDENT SCHOOLS 8
(a) Authority. An independent school may operate and provide elementary 9
education or secondary education if it is either approved or recognized as set 10
forth in this section. 11
(b) Approved independent schools. On application, the State Board shall 12
approve an independent school that offers elementary or secondary education 13
if it finds, after opportunity for hearing, that the school provides a minimum 14
course of study pursuant to section 906 of this title and that it substantially 15
complies with all statutory requirements for approved independent schools and 16
the Board’s rules for approved independent schools. An independent school 17
that intends to accept public tuition shall be approved by the State Board only 18
on the condition that the school agrees, notwithstanding any provision of law 19
to the contrary, to enroll any student who requires special education services 20
and who is placed in or referred to the approved independent school as an 21 BILL AS INTRODUCED H.122
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appropriate placement and least restrictive environment for the student by the 1
student’s individualized education program team or by the local education 2
agency; provided, however, that this requirement shall not apply to an 3
independent school that limits enrollment to students who are on an 4
individualized education program or a plan under Section 504 of the 5
Rehabilitation Act of 1973, 29 U.S.C. § 794, and who are enrolled pursuant to 6
a written agreement between the local education agency and the school. 7
Except as provided in subdivision (6) of this subsection, the Board’s rules must 8
at minimum require that the school have the resources required to meet its 9
stated objectives, including financial capacity, faculty who are qualified by 10
training and experience in the areas in which they are assigned, and physical 11
facilities and special services that are in accordance with any State or federal 12
law or regulation. Approval may be granted without State Board evaluation in 13
the case of any school accredited by a private, State, or regional agency 14
recognized by the State Board for accrediting purposes, provided that the State 15
Board shall determine that the school complies with all student enrollment 16
provisions required by law. 17
(1) On application, the State Board shall approve an independent school 18
that offers kindergarten but no other graded education if it finds, after 19
opportunity for hearing, that the school substantially complies with the Board’s 20
rules for approved independent kindergartens. The State Board may delegate 21 BILL AS INTRODUCED H.122
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to another State agency the authority to evaluate the safety and adequacy of the 1
buildings in which kindergartens are conducted but shall consider all findings 2
and recommendations of any such agency in making its approval decision. 3
(2) Approvals under this subsection (b) shall be for a term established 4
by rule of the Board but not greater than five years. 5
(3) An approved independent school shall provide to the parent or 6
guardian responsible for each of its students, prior to accepting any money for 7
a student, an accurate statement in writing of its status under this section and a 8
copy of this section. Failure to comply with this provision may create a 9
permissible inference of false advertising in violation of 13 V.S.A. § 2005. 10
(4) Each approved independent school shall provide to the Secretary on 11
October 1 of each year the names, genders, dates of birth, and addresses of its 12
enrolled students. Within seven days of the termination of a student’s 13
enrollment, the approved independent school shall notify the Secretary of the 14
name and address of the student. The Secretary shall notify the appropriate 15
school officials as provided in section 1126 of this title. 16
(5) The State Board may revoke, suspend, or impose conditions upon 17
the approval of an approved independent school, after having provided an 18
opportunity for a hearing, for substantial failure to comply with the minimum 19
course of study, for failure to demonstrate that the school has the resources 20
required to meet its stated objectives, for failure to comply with statutory 21 BILL AS INTRODUCED H.122
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requirements or the Board’s rules for approved independent schools, or for 1
failure to report under subdivision (4) of this subsection (b). Upon that 2
revocation or suspension, students required to attend school who are enrolled 3
in that school shall become truant unless they enroll in a public school, an 4
approved or recognized independent school, or a home study program. 5
(6) This subdivision (6) applies to an independent school located in 6
Vermont that offers a distance learning program and that, because of its 7
structure, does not meet some or all the rules of the State Board for approved 8
independent schools. In order to be approved under this subdivision, a school 9
shall meet the standards adopted by rule of the State Board for approved 10
independent schools that can be applied to the applicant school and any other 11
standards or rules adopted by the State Board regarding these types of schools. 12
A school approved under this subdivision shall not be eligible to receive tuition 13
payments from public school districts under chapter 21 of this title. 14
(7) Approval for independent residential schools under this subsection is 15
also contingent upon proof of the school’s satisfactory completion of an annual 16
fire safety inspection by the Department of Public Safety or its designee 17
pursuant to 20 V.S.A. chapter 173, subchapter 2. A certificate executed by the 18
inspecting entity, declaring satisfactory completion of the inspection and 19
identifying the date by which a new inspection must occur, shall be posted at 20
the school in a public location. The school shall provide a copy of the 21 BILL AS INTRODUCED H.122
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certificate to the Secretary of Education after each annual inspection. The 1
school shall pay the actual cost of the inspection unless waived or reduced by 2
the inspecting entity. 3
(8)(A) If an approved independent school experiences any of the 4
following financial reporting events during the period of its approved status, 5
the school shall notify the Secretary of Education within five days after its 6
knowledge of the event unless the failure is de minimis: 7
(i) the school’s failure to file its federal or State tax returns when 8
due, after permissible extension periods have been taken into account; 9
(ii) the school’s failure to meet its payroll obligations as they are 10
due or to pay federal or State payroll tax obligations as they are due; 11
(iii) the school’s failure to maintain required retirement 12
contributions; 13
(iv) the school’s use of designated funds for nondesignated 14
purposes; 15
(v) the school’s inability to fully comply with the financial terms 16
of its secured installment debt obligations over a period of two consecutive 17
months, including the school’s failure to make interest or principal payments 18
as they are due or to maintain any required financial ratios; 19 BILL AS INTRODUCED H.122
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(vi) the withdrawal or conditioning of the school’s accreditation 1
on financial grounds by a private, State, or regional agency recognized by the 2
State Board for accrediting purposes; or 3
(vii) the school’s insolvency, as defined in 9 V.S.A. § 2286(a). 4
(B)(i) If the Secretary reasonably believes that an approved 5
independent school lacks financial capacity to meet its stated objectives during 6
the period of its approved status, then the Secretary shall notify the school in 7
writing of the reasons for this belief and permit the school a reasonable 8
opportunity to respond. 9
(ii) If the Secretary, after having provided the school a reasonable 10
opportunity to respond, does not find that the school has satisfactorily 11
responded or demonstrated its financial capacity, the Secretary may establish a 12
review team that, with the consent of the school, includes a member of the 13
Council of Independent Schools, to: 14
(I) conduct a school visit to assess the school’s financial 15
capacity; 16
(II) obtain from the school such financial documentation as the 17
review team requires to perform its assessment; and 18
(III) submit a report of its findings and recommendations to the 19
State Board. 20 BILL AS INTRODUCED H.122
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(iii) If the State Board concludes that an approved independent 1
school lacks financial capacity to meet its stated objectives during the period of 2
its approved status, the State Board may take any action that is authorized by 3
this section. 4
(iv) In considering whether an independent school lacks financial 5
capacity to meet its stated objectives during the period of its approved status 6
and what actions the State Board should take if it makes this finding, the State 7
Board may consult with, and draw on the analytical resources of, the Vermont 8
Department of Financial Regulation. 9
(C) Information provided by an independent school under this 10
subsection that is not already in the public domain is exempt from public 11
inspection and copying under the Public Records Act and shall be kept 12
confidential. [Repealed.] 13
(c) Recognized independent schools. Upon filing an enrollment notice, a 14
recognized independent school may provide elementary or secondary 15
education in Vermont. The enrollment notice shall be on a form provided by 16
the Secretary and shall be filed with the Secretary no not earlier than three 17
months before the beginning of the school year for the public schools in the 18
town in which the applicant proposes to locate. 19
(1) The enrollment notice shall contain the following information and 20
assurances: 21 BILL AS INTRODUCED H.122
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(A) a statement that the school will be in session an amount of time 1
substantially equivalent to that required for public schools; 2
(B) a detailed description or outline of the minimum course of study 3
for each grade level the school offers and how the annual assessment of each 4
student will be performed; and 5
(C) assurances that: 6
(i) the school will prepare and maintain attendance records for 7
each student enrolled or regularly attending classes; 8
(ii) at least once each year, the school will assess each student’s 9
progress, and will maintain records of that assessment, and present the result of 10
that assessment to each student’s parent or guardian; 11
(iii) the school’s educational program will include the minimum 12
course of study set forth in section 906 of this title; 13
(iv) the school will have teachers and materials sufficient to carry 14
out the school’s educational program; and 15
(v) the school will meet such State and federal laws and 16
regulations concerning its physical facilities and health and safety matters as 17
are applicable to recognized independent schools. 18
(2) If the Secretary has information that creates significant doubt about 19
whether the school would be able to meet the requirements set forth in this 20
subsection (c), the Secretary may call a hearing. At the hearing, the school 21 BILL AS INTRODUCED H.122
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shall establish that it can meet the requirements for recognized independent 1
schools. Failure to do so shall result in a finding by the Secretary that the 2
school must take specified action to come into compliance within a specified 3
time frame or the children enrolled must attend another recognized 4
independent school, a public school, an approved independent school, or a 5
home study program, or be declared truant unless absent with legal excuse. 6
(3) A recognized independent school shall provide to each student’s 7
parent or guardian a copy of its currently filed statement of objectives and a 8
copy of this section. The copy shall be provided when the student enrolls or 9
before September 1, whichever comes later. Failure to comply with this 10
subsection may create a permissible inference of false advertising in violation 11
of 13 V.S.A. § 2005. 12
(4) A recognized independent school shall renew its enrollment notice 13
annually. An independent school shall be recognized for a period not to 14
exceed five years by the Secretary without need for filing an annual enrollment 15
notice if: 16
(A) it is recognized by an organization approved by the State Board 17
for the purpose of recognizing such school; or 18
(B) it is accredited by a private, state, or regional agency approved by 19
the State Board for accrediting purposes; provided, however, nothing in this 20 BILL AS INTRODUCED H.122
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subdivision (4) shall be construed to prohibit the Secretary from initiating a 1
hearing under this subsection (c). 2
(5) If the Secretary has information that creates significant doubt about 3
whether the school, once in operation, is meeting the requirements for 4
recognized independent schools, the Secretary may call a hearing. At the 5
hearing, the school shall establish that it has met the requirements for 6
recognized independent schools. Failure to do so shall result in a finding by 7
the Secretary that: 8
(A) the school may not be in operation for the remainder of the 9
school year and that the children are truant unless absent with legal excuse or 10
enrolled in a public school, an independent school, another recognized 11
independent school, or a home study program; or 12
(B) the school must take specified action to come into compliance 13
within a specified time frame or the school will not be permitted to operate for 14
the remainder of the school year. 15
(6) Each recognized independent school shall provide to the Secretary 16
on October 1 of each year the names, genders, dates of birth, and addresses of 17
its enrolled students. Within seven days of after the termination of a student’s 18
enrollment, the recognized independent school shall notify the Secretary of the 19
name and address of the student. The Secretary shall notify the appropriate 20
school officials as provided in section 1126 of this title. 21 BILL AS INTRODUCED H.122
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(7) After the filing of the enrollment notice or at a hearing, if the school 1
is unable to comply with any specific requirements due to deep religious 2
conviction shared by an organized group, the Secretary may waive such 3
requirements if he or she the Secretary determines that the educational 4
purposes of this subsection are being or will be substantially met. 5
(d) Council of Independent Schools. A Council of Independent Schools is 6
created consisting of 11 members, no fewer than three of whom shall be 7
representatives of recognized independent schools. The Secretary shall 8
appoint nine members from within the independent schools’ community. The 9
Secretary shall appoint two members from the public-at-large. Each member 10
shall serve for two years and may be reappointed for up to an additional two 11
terms. The Council shall adopt rules for its own operation. A chair shall be 12
elected by and from among the members. The duties of the Council shall 13
include advising the Secretary on policies and procedures with respect to 14
independent schools. No hearing shall be initiated under this section before the 15
State Board or by the Secretary until the recommendations of the Council have 16
been sought and received. The recommendations of the Council, including any 17
minority reports, shall be admissible at the hearing. 18
(e) Harassment, hazing, and bullying policies. The board of trustees of an 19
approved or a recognized independent school operating in Vermont shall adopt 20
harassment, hazing, and bullying prevention policies; establish procedures for 21 BILL AS INTRODUCED H.122
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dealing with harassment, hazing, and bullying of students; and provide notice 1
of these. The provisions of chapter 9, subchapter 5 of this title for public 2
schools shall apply to this subsection, except that the board shall follow its 3
own procedures for adopting policy. 4
(f) Tuition bills. An approved independent school A school eligible for 5
designation under section 820 of this title that accepts students for whom the 6
district of residence pays tuition under chapter 21 of this title shall bill the 7
sending district monthly for a State-placed student and shall not bill the 8
sending district for any month in which the State-placed student was not 9
enrolled. 10
(g) Tuition students; assessments. An approved independent school A 11
school eligible for designation under section 820 of this title that accepts 12
students for whom the district of residence pays tuition under chapter 21 of this 13
title shall use the assessment or assessments required under subdivision 164(9) 14
of this title to measure attainment of standards for student performance of 15
those students. In addition, the school shall provide data related to the 16
assessment or assessments as required by the Secretary. 17 BILL AS INTRODUCED H.122
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* * * Maintenance of Public Schools * * * 1
Sec. 6. 16 V.S.A. chapter 21 is amended to read: 2
CHAPTER 21. MAINTENANCE OF PUBLIC SCHOOLS 3
§ 820. SCHOOLS ELIGIBLE FOR DESIGNATION 4
(a) Under this chapter, a school district may designate a school to provide 5
education for resident students of the district who would spend: 6
(1) more than 45 minutes being transported from the resident’s home to 7
a public elementary school located within the district; or 8
(2) more than 75 minutes being transported from the resident’s home to 9
a public high school located within the district. 10
(b) A school eligible for designation shall comply with the following: 11
(1) General characteristics. The school shall be an independent school 12
recognized under section 166 of this title that meets at least three of the 13
following four criteria: 14
(A) The recognized independent school serves as a regional CTE 15
center as defined in section 1522 of this title. 16
(B) The recognized independent school was established through the 17
granting of a charter by the Vermont General Assembly. 18
(C) The recognized independent school qualified as a public school 19
under the definition of “public school” in effect on June 30, 1991 under 20
subdivision 11(a)(7) of this title. 21 BILL AS INTRODUCED H.122
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(D) The recognized independent school is designated under section 1
1935 of this title as an employer of teachers within the meaning of chapter 55 2
of this title (State Teachers’ Retirement System of Vermont). 3
(2) School and class size. 4
(A) A recognized independent elementary school shall have a 5
minimum: 6
(i) school size of 450 students; and 7
(ii) average class size of 18 students. 8
(B) A recognized independent high school shall have a minimum: 9
(i) school size of 600 students; and 10
(ii) average class size of 25 students. 11
(c) This section shall not apply to therapeutic schools as defined by 12
subdivision 11(36) of this title. 13
§ 821. SCHOOL DISTRICT TO MAINTAIN PUBLIC ELEMENTARY 14
SCHOOLS OR PAY TUITION 15
(a) Each school district shall maintain one or more approved schools within 16
the district in which elementary education for its resident students in 17
kindergarten through grade six is provided unless: 18
(1) the electorate authorizes the school board to provide for the 19
elementary education of the students by paying tuition in accordance with law 20
to one or more public elementary schools in one or more school districts; 21 BILL AS INTRODUCED H.122
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(2) the school district is organized to provide only high school education 1
for its students; or 2
(3) the General Assembly provides otherwise. 3
(b) [Repealed.] 4
(c) Notwithstanding subsection (a) of this section, without previous 5
authorization by the electorate, a school board in a district that operates an 6
elementary school may pay tuition for elementary students who reside near a 7
public elementary school in an adjacent district upon request of the student’s 8
parent or guardian, if in the board’s judgment the student’s education can be 9
more conveniently furnished there due to geographic considerations. Within 10
30 days of following the board’s decision, a parent or guardian who is 11
dissatisfied with the decision of the board under this subsection may request a 12
determination by the Secretary, who shall have authority to direct the school 13
board to pay all, some, or none of the student’s tuition and whose decision 14
shall be final. 15
(d) Notwithstanding subdivision (a)(1) of this section, the electorate of a 16
school district that does not maintain an elementary school may grant general 17
authority to the school board to pay tuition for an elementary student at an 18
approved independent elementary school or an independent school meeting 19
education quality standards pursuant to sections 823 and 828 of this chapter 20 BILL AS INTRODUCED H.122
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upon notice given by the student’s parent or legal guardian before April 15 for 1
the next academic year. [Repealed.] 2
* * * 3
§ 822. SCHOOL DISTRICT TO MAINTAIN PUBLIC HIGH SCHOOLS OR 4
PAY TUITION 5
(a) Each school district shall maintain one or more approved high schools 6
in which high school education is provided for its resident students unless: 7
(1) the electorate authorizes the school board to close an existing high 8
school and to provide for the high school education of its students by paying 9
tuition to a public high school, an approved independent high school, or an 10
independent school meeting education quality standards, to be selected by the 11
parents or guardians of the student, within or outside the State; or 12
(2) the school district is organized to provide only elementary education 13
for its students. 14
(b) For purposes of this section, a school district that is organized to 15
provide kindergarten through grade 12 and maintains a program of education 16
for only the first eight years of compulsory school attendance shall be 17
obligated to pay tuition for its resident students for at least four additional 18
years. [Repealed.] 19
(c)(1) A school district may both maintain a high school and furnish high 20
school education by paying tuition: 21 BILL AS INTRODUCED H.122
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(A) to a public school as in the judgment of the school board may 1
best serve the interests of the students; or 2
(B) to an approved independent school or an independent school 3
meeting education quality standards if the school board judges that a student 4
has unique educational needs that cannot be served within the district or at a 5
nearby public school. 6
(2) The judgment of the board shall be final in regard to the institution 7
the students may attend at public cost. [Repealed.] 8
* * * 9
§ 823. ELEMENTARY TUITION 10
(a) Tuition for elementary students shall be paid by the district in which the 11
student is a resident. The district shall pay the full tuition charged its students 12
attending a public designated elementary school. If a payment made to a 13
public designated elementary school is three percent more or less than the 14
calculated net cost per elementary pupil in the receiving school district for the 15
year of attendance, the district shall be reimbursed, credited, or refunded 16
pursuant to section 836 of this title. Notwithstanding the provisions of this 17
subsection or of subsection 825(b) of this title, the boards or boards of trustees 18
of both the receiving and sending districts or schools may enter into tuition 19
agreements with terms differing from the provisions of those subsections, 20
provided that the receiving district or school must offer identical terms to all 21 BILL AS INTRODUCED H.122
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sending districts, and further provided that the statutory provisions apply to 1
any sending district that declines the offered terms. 2
(b) Unless the electorate of a school district authorizes payment of a higher 3
amount at an annual or special meeting warned for the purpose, the tuition paid 4
to an approved independent elementary school or an independent school 5
meeting education quality standards shall not exceed the least of: 6
(1) the average announced tuition of Vermont union elementary schools 7
for the year of attendance; 8
(2) the tuition charged by the approved independent school for the year 9
of attendance; or 10
(3) the average per-pupil tuition the district pays for its other resident 11
elementary students in the year in which the student is enrolled in the approved 12
independent school. [Repealed.] 13
§ 824. HIGH SCHOOL TUITION 14
(a) Tuition for high school students shall be paid by the school district in 15
which the student is a resident. 16
(b) Except as otherwise provided for technical students, the district shall 17
pay the full tuition charged its students attending a public designated high 18
school in Vermont or an adjoining state or a public or approved independent 19
school in Vermont functioning as an approved area career technical center, or 20
an independent school meeting education quality standards; provided: 21 BILL AS INTRODUCED H.122
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(1) If a payment made to a public designated high school or an 1
independent school meeting education quality standards is three percent more 2
or less than the calculated net cost per secondary pupil in the receiving school 3
district or independent school for the year of attendance then the district or 4
school shall be reimbursed, credited, or refunded pursuant to section 836 of 5
this title. 6
(2) Notwithstanding the provisions of this subsection or of subsection 7
825(b) of this title, the board or board of trustees of the receiving public 8
designated school district, or public or approved independent school 9
functioning as an area career technical center, or independent school meeting 10
education quality standards may enter into tuition agreements with the boards 11
of sending districts that have terms differing from the provisions of those 12
subsections, provided that the receiving district or school must offer identical 13
terms to all sending districts, and further provided that the statutory provisions 14
apply to any sending district that declines the offered terms. 15
(c) The district shall pay an amount not to exceed the average announced 16
tuition of Vermont union high schools for the year of attendance for its 17
students enrolled in an approved independent school not functioning as a 18
Vermont area career technical center, or any higher amount approved by the 19
electorate at an annual or special meeting warned for that purpose. [Repealed.] 20
* * * 21 BILL AS INTRODUCED H.122
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§ 826. NOTICE OF TUITION RATES; SPECIAL EDUCATION CHARGES 1
(a) A school board, or the board of trustees of an independent school 2
meeting education quality standards, a school eligible for designation under 3
section 820 of this title that proposes to increase tuition charges shall notify the 4
school board of the school district from which its nonresident students come, 5
and the Secretary, of the proposed increase on or before January 15 in any 6
year; such increases shall not become effective without the notice and not until 7
the following school year. 8
(b) A school board or the board of trustees of an independent school 9
meeting education quality standards may establish a separate tuition for one or 10
more special education programs. No such tuition shall be established unless 11
the State Board has by rule defined the program as of a type that may be 12
funded by a separate tuition. Any such tuition shall be announced in 13
accordance with the provisions of subsection (a) of this section. The amount 14
of tuition shall reflect the net cost per pupil in the program. The announcement 15
of tuition shall describe the special education services included or excluded 16
from coverage. Tuition for part-time students shall be reduced proportionally. 17
* * * 18
§ 827. DESIGNATION OF A PUBLIC HIGH SCHOOL OR AN 19
APPROVED INDEPENDENT HIGH SCHOOL AS THE PUBLIC 20
HIGH SCHOOL OF A SCHOOL DISTRICT 21 BILL AS INTRODUCED H.122
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(a) A school district not maintaining an approved public high school may 1
vote on such terms or conditions as it deems appropriate, to designate three or 2
fewer approved independent or public high schools as the public high school or 3
schools of the district eligible for designation under section 820 of this title to 4
provide education for the district’s resident students who would spend: 5
(1) more than 45 minutes being transported from the resident’s home to 6
a public elementary school located within the district; or 7
(2) more than 75 minutes being transported from the resident’s home to 8
a public high school located within the district. 9
(b) Except as otherwise provided in this section, if the board of trustees or 10
the school board of a designated school votes to accept this designation, the 11
school shall be regarded as a public school for tuition purposes under 12
subsection 824(b) tuition shall be paid in accordance with sections 823 and 824 13
of this title, and the sending school district shall pay tuition only to that school, 14
and to any other school designated under this section, until such time as the 15
sending school district or the designated school votes to rescind the 16
designation. 17
(c) A parent or legal guardian who is dissatisfied with the instruction 18
provided at a designated school or who cannot obtain for his or her child the 19
kind of course or instruction desired there, or whose child can be better 20
accommodated in an approved independent or public high school nearer his or 21 BILL AS INTRODUCED H.122
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her home during the next academic year, may request on or before April 15 1
that the school board pay tuition to another approved independent or public 2
high school selected by the parent or guardian. [Repealed.] 3
(d) The school board may pay tuition to another approved high school as 4
requested by the parent or legal guardian if in its judgment that will best serve 5
the interests of the student. Its decision shall be final in regard to the 6
institution the student may attend. If the board approves the parent’s request, 7
the board shall pay tuition for the student in an amount not to exceed the least 8
of: 9
(1) The statewide average announced tuition of Vermont union high 10
schools. 11
(2) The per-pupil tuition the district pays to the designated school in the 12
year in which the student is enrolled in the nondesignated school. If the district 13
has designated more than one school pursuant to this section, then it shall be 14
the lowest per-pupil tuition paid to a designated school. 15
(3) The tuition charged by the approved nondesignated school in the 16
year in which the student is enrolled. [Repealed.] 17
(e) Notwithstanding any other provision of law to the contrary: 18
(1) the school districts of Pawlet, Rupert, and Wells may designate a 19
public high school located in New York as the public high school of the district 20
pursuant to the provisions of this section; 21 BILL AS INTRODUCED H.122
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(2) unless otherwise directed by an affirmative vote of the school 1
district, when the Wells Board approves parental requests to pay tuition to a 2
nondesignated approved independent or public school, the Board shall pay 3
tuition in an amount not to exceed the base education amount as determined 4
under section 4011 of this title for the fiscal year in which tuition is being paid; 5
and 6
(3) unless otherwise directed by an affirmative vote of the school 7
district, when the Strafford Board approves a parental request to pay tuition to 8
a nondesignated approved independent or public school, the Board shall pay 9
tuition to the nondesignated school pursuant to section 824 of this title for the 10
year in which the student is enrolled; provided, however, that it shall not pay 11
tuition in an amount that exceeds the tuition paid to the designated school for 12
the same academic year. [Repealed.] 13
§ 828. TUITION TO APPROVED SCHOOLS; AGE; APPEAL 14
A school district shall not pay the tuition of a student except to a public 15
school, an approved independent school, an independent school meeting 16
education quality standards a school eligible for designation under section 820 17
of this title, a tutorial program approved by the State Board, a therapeutic 18
school, or an approved education program, or an independent school in another 19
state or country approved under the laws of that state or country, that complies 20
with the reporting requirement under subsection 4010(c) of this title, nor shall 21 BILL AS INTRODUCED H.122
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payment of tuition on behalf of a person be denied on account of age. Unless 1
otherwise provided, a person who is aggrieved by a decision of a school board 2
relating to eligibility for tuition payments, the amount of tuition payable, or the 3
school the person may attend, may appeal to the State Board and its decision 4
shall be final. 5
* * * 6
* * * Technical and Conforming Amendments * * * 7
Sec. 7. LEGISLATIVE COUNSEL; PREPARATION OF A DRAFT BILL 8
On or before January 15, 2026, the Office of Legislative Counsel shall 9
prepare and submit a draft bill to the House and Senate Committees on 10
Education that makes statutory amendments of a technical nature and identifies 11
all statutory sections that the General Assembly shall amend substantively to 12
effect the intent of the act. 13
* * * Effective Date * * * 14
Sec. 8. EFFECTIVE DATE 15
This act shall take effect on July 1, 2025. 16