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H.179 1
Introduced by Representative McCann of Montpelier 2
Referred to Committee on 3
Date: 4
Subject: Education; Agency of Education; Secretary; Department of 5
Education; Commissioner; State Board of Education; education 6
governance 7
Statement of purpose of bill as introduced: This bill proposes to transform the 8
Agency of Education to the Department of Education, which shall be 9
supervised and managed by the State Board of Education. This bill would 10
eliminate the position of Secretary of Education and create the position of 11
Commissioner of Education who shall be employed by the State Board as the 12
chief executive officer and secretary of the Board, subject to approval of the 13
Governor. This bill also proposes to change the composition of the State 14
Board of Education and to create a new appointment process for Board 15
members. 16
An act relating to the membership of the State Board of Education and the 17
reestablishment of the Vermont Department of Education 18 BILL AS INTRODUCED H.179
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It is hereby enacted by the General Assembly of the State of Vermont: 1
* * * Findings and Intent * * * 2
Sec. 1. FINDINGS AND INTENT 3
(a) Findings. The General Assembly finds that: 4
(1) Recent challenges faced by the Agency of Education, including 5
compliance issues with federal reporting requirements, highlight a need for 6
stronger leadership and structural reform. The Agency of Education is now 7
seen as a political tool of the Governor. With a two-year Governor term, 8
Vermont needs a Department of Education and Commissioner of Education 9
that report directly to a neutral State Board of Education with a focus on 10
leading Vermont to the best educational system in the United States. 11
(2) Concerns about transparency and effectiveness have eroded public 12
confidence in the Agency of Education. Transitioning back to a department 13
aligns with historical norms and best practices for state education governance. 14
(3) A department structure allows for greater focus on addressing 15
critical issues such as academic achievement gaps, mental health support, and 16
equitable resource distribution. 17
(b) Intent. It is the intent of the General Assembly to increase 18
accountability, improve operational efficiency, and strengthen public 19
confidence in Vermont’s education governance by transitioning the Agency of 20 BILL AS INTRODUCED H.179
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Education to the Department of Education, lead by a Commissioner of 1
Education that reports directly to the State Board of Education. 2
* * * Department of Education * * * 3
Sec. 2. 16 V.S.A. § 164 is amended to read: 4
§ 164. STATE BOARD; GENERAL POWERS AND DUTIES 5
The State Board shall engage local school board members and the broader 6
education community and, consistent with the provisions of this title, its own 7
rules, and rules adopted by the Secretary, establish and regularly update a long-8
term strategic vision for the delivery of educational services in Vermont; 9
advise the General Assembly, the Governor, and the Secretary of Education on 10
high-priority educational policies and issues as they arise; and act in 11
accordance with legislative mandates, including the adoption of rules and 12
executing special assignments. In addition to other specified duties, the Board 13
shall have supervision over and management of the Department of Education 14
and the public school system, except as otherwise provided, and shall: 15
* * * 16
(4) Biennially cause to be prepared a recommended budget for all 17
money to be expended by the Department of Education. 18
* * * 19
(10) Establish an information clearinghouse and accessible database to 20
help districts share information about educational programs and practices that 21 BILL AS INTRODUCED H.179
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improve student performance and well-being. Educational programs and 1
practices include those designed to create and sustain a safe learning 2
environment. 3
* * * 4
(17) Report annually on the condition of education statewide and on a 5
supervisory union and school district basis. The report shall include 6
information on attainment of standards for student performance adopted under 7
subdivision (9) of this section,; number and types of complaints of hazing, 8
harassment, or bullying made pursuant to chapter 9, subchapter 5 of this title 9
and responses to the complaints,; financial resources and expenditures,; and 10
community social indicators. The report shall be organized and presented in a 11
way that is easily understandable by the general public and that enables each 12
school, school district, and supervisory union to determine its strengths and 13
weaknesses. To the extent consistent with State and federal privacy laws and 14
regulations, data on hazing, harassment, or bullying incidents shall be 15
disaggregated by incident type, including disaggregation by ethnic groups, 16
racial groups, religious groups, gender, sexual orientation, gender identity, 17
disability status, and English language learner status. The Secretary 18
Commissioner shall use the information in the report to determine whether 19
students in each school, school district, and supervisory union are provided 20
educational opportunities substantially equal to those provided in other 21 BILL AS INTRODUCED H.179
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schools, school districts, and supervisory unions pursuant to subsection 165(b) 1
of this title. 2
* * * 3
(19) Develop, in consultation with the Secretary of State, and make 4
available to school boards, sample ballot language for items that may be voted 5
on by Australian ballot and for which no statutory language exists. 6
* * * 7
(21) Report annually to the Governor and the General Assembly on the 8
progress the Board has made on the development of education policy for the 9
State. [Repealed.] 10
Sec. 3. 16 V.S.A. § 163 is amended to read: 11
§ 163. STAFF; MEETINGS 12
(a) The office of the Board shall be supported by adequate staff, who shall 13
report to the Board the office of the Commissioner of Education. 14
* * * 15
Sec. 4. 16 V.S.A. chapter 5 is amended to read: 16
CHAPTER 5. SECRETARY COMMISSIONER OF EDUCATION 17
Subchapter 1. Secretary Commissioner of Education 18
§ 211. APPOINTMENT; REPORTS 19
(a) Subject to the approval of the Governor, the State Board shall employ a 20
competent chief executive officer and secretary of the Board who shall have 21 BILL AS INTRODUCED H.179
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had special training and experience in educational work and who shall be 1
called the Commissioner of Education. The Commissioner shall be appointed 2
for an indefinite term and shall be subject to removal upon the majority vote of 3
the entire Board. 4
(b) The Commissioner at all times and in such detail as the Board directs 5
shall make reports to the Board concerning the public educational system, 6
together with such recommendations as the Commissioner deems proper for 7
the promotion of the educational interests of the State. 8
§ 212. SECRETARY’S COMMISSIONER’S DUTIES GENERALLY 9
The Secretary Commissioner shall execute those policies adopted by the 10
State Board in the legal exercise of its powers and shall: 11
* * * 12
(14) Annually, communicate to each superintendent a list of information 13
that a supervisory union, a school board, a school district, a school, a school 14
district employee, or a supervisory union employee is required under State or 15
federal law to make available to the electorate, community members, parents, 16
or students. It is the intent of this subdivision that the Secretary Commissioner 17
shall make a good faith effort to compile a complete list of the information to 18
be made available. Due to the difficult nature of compiling such a list, it is 19
also the intent that failure to include relevant information on the list shall not 20
constitute grounds for an action against the Secretary Commissioner. 21 BILL AS INTRODUCED H.179
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* * * 1
(19) Establish an information clearinghouse and accessible database to 2
help districts share information about educational programs and practices that 3
improve student performance. Educational programs and practices include 4
those designed to create and sustain a safe learning environment. [Repealed.] 5
(20) Develop, in consultation with the Secretary of State, and make 6
available to school boards sample ballot language for issues that may be 7
decided by Australian ballot and for which no statutory language exists. 8
[Repealed.] 9
(21) Prepare a budget for the Agency and submit it to the Governor after 10
review by the State Board. [Repealed.] 11
(22) Annually, prior to September 1, present the Governor’s education 12
policy priorities to the State Board. [Repealed.] 13
§ 213. DEPUTY SECRETARIES COMMISSIONERS AND HELPING 14
TEACHERS 15
The Secretary Board shall employ such number of deputy secretaries 16
commissioners and such number of competent helping teachers as he or she it 17
deems necessary. It shall determine the tenure of office of the deputy 18
commissioners and helping teachers and fix the compensation of the helping 19
teachers, which shall be paid by the State. The Board may remove such staff 20
as the best interests of the schools from time to time may require. 21 BILL AS INTRODUCED H.179
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* * * 1
Sec. 5. 3 V.S.A. § 212 is amended to read: 2
§ 212. DEPARTMENTS CREATED 3
The following administrative departments are hereby created, through the 4
instrumentality of which the Governor, under the Constitution, shall exercise 5
such functions as are by law assigned to each department respectively: 6
* * * 7
(6) The Department of Education 8
* * * 9
Sec. 6. 3 V.S.A. § 256(b) is amended to read: 10
(b) Notwithstanding any other provision of law, all secretaries of State 11
agencies and all commissioners of State departments, other than the 12
Commissioner of Education, shall take office only with the advice and consent 13
of the Senate except in the case of an appointment to fill a vacancy when the 14
General Assembly is not in session in which case the appointee may take office 15
subject to the provisions of section 257 of this title. 16
Sec. 7. REPEAL 17
3 V.S.A. chapter 49 is repealed. 18
Sec. 8. COMMISSIONER OF EDUCATION; TRANSITION; POWERS 19
AND DUTIES; REPORT 20
(a) Transition. On January 1, 2026: 21 BILL AS INTRODUCED H.179
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(1) the Commissioner of Education shall assume all powers, duties, 1
rights, and responsibilities of the Secretary of Education; provided, however, 2
that if a Commissioner appointed by the State Board has not assumed office on 3
or before January 1, 2026, then the Secretary or acting Secretary of the Agency 4
on that date shall continue to perform the duties until the day on which the 5
Commissioner assumes office, but shall report to the Board and not the 6
Governor; and 7
(2) the Department of Education shall assume all the powers, duties, 8
rights, and responsibilities of the Agency of Education. 9
(b) Reports. 10
(1) On or before November 15, 2026, the Department of Education shall 11
submit a written report to the House and Senate Committees on Education with 12
a detailed update on the transition from the Agency of Education to the 13
Department of Education. The report shall include: 14
(A) a Department-wide organizational chart with vacancies noted and 15
a plan for fulling any such vacancies as well as a plan for accounting for the 16
duties of vacant positions; and 17
(B) any recommendations for legislative action to further achieve the 18
General Assembly’s legislative intent under this act. 19
(2) On or before November 15, 2026, the State Board of Education shall 20
submit a written report to the House and Senate Committees on Education with 21 BILL AS INTRODUCED H.179
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a detailed update on the transition from the Agency of Education to the 1
Department of Education, from the State Board’s perspective. The report shall 2
include any recommendations for legislative action to further achieve the 3
General Assembly’s legislative intent under this act. 4
Sec. 9. LEGISLATIVE COUNSEL; PREPARATION OF A DRAFT BILL 5
On or before January 15, 2026, the Office of Legislative Counsel shall 6
prepare and submit a draft bill to the House and Senate Committees on 7
Education that makes statutory amendments of a technical nature and identifies 8
all statutory sections that the General Assembly shall amend substantively to 9
effect the intent of the act. 10
* * * Composition of the State Board of Education * * * 11
Sec. 10. 16 V.S.A. § 161 is amended to read: 12
§ 161. STATE BOARD OF EDUCATION; APPOINTMENT OF 13
MEMBERS; TERM; VACANCY 14
(a) The State Board shall consist of ten 11 members. Two of the members 15
shall be secondary students, each appointed by the Governor, one of whom 16
shall be a full member and the other of whom shall be a junior member who 17
may not vote. All Student members shall be appointed by the Governor with 18
the advice and consent of the Senate. In the appointment of the nonstudent 19
members, priority shall be given to the selection of persons with a 20
demonstrated commitment to ensuring quality education for Vermont students. 21 BILL AS INTRODUCED H.179
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To the extent possible, the members shall represent the State’s geographic, 1
gender, racial, and ethnic diversity. The Secretary Commissioner shall serve 2
on the State Board as a nonvoting member. The remaining eight voting 3
members shall require the advice and consent of the Senate and shall be 4
appointed as follows: 5
(1) one member shall be a public school central office administrator, 6
appointed by the Vermont Superintendents Association; 7
(2) one member shall be a public school administrator, appointed by the 8
Vermont Principals’ Association; 9
(3) one member shall be a public school board member, appointed by 10
the Vermont School Boards Association; 11
(4) one member shall be a public school teacher, appointed by the 12
Vermont National Education Association; 13
(5) one member shall be an independent school administrator or teacher, 14
appointed by the Vermont Independent Schools Association; and 15
(6) three members shall be at large, appointed as follows: 16
(A) one member appointed by the Governor; 17
(B) one member appointed by the Speaker of the House; and 18
(C) one member appointed by the Senate Committee on Committees. 19
(b)(1) Upon the expiration of the respective terms of those members of the 20
Board previously appointed, excluding the student members, the Governor the 21 BILL AS INTRODUCED H.179
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appointing authority that made the initial appointment to the expired term 1
shall, biennially in the month of February with the advice and consent of the 2
Senate, appoint members for terms of six years. The terms shall begin March 3
1 of the year in which the appointments are made. A member serving a term of 4
six years shall not be eligible for reappointment for successive terms. 5
(2) In the event of any vacancy occurring in the membership of the 6
Board, the Governor appointing authority that made the initial appointment to 7
the vacated term shall fill the vacancy with a qualified person whose 8
appointment shall be for the unexpired portion of the term. 9
(3) Biennially, the Board shall choose a member of the Board to be its 10
chair. 11
(4) Annually, using an application process that is open and accessible to 12
all eligible students, the Governor shall appoint a Vermont secondary school 13
student who will continue to be a secondary student for at least two years 14
following taking office, to serve on the State Board for two years, beginning on 15
July 1 of the year of appointment. The student member shall not vote during 16
the first year and shall be a full and voting member during the second year of 17
his or her the student’s term. 18 BILL AS INTRODUCED H.179
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Sec. 11. TRANSITION PERIOD APPOINTMENTS; STATE BOARD OF 1
EDUCATION 2
(a) Members currently serving on the State Board of Education may 3
continue to serve for the duration of the term to which they were appointed. 4
(b) On or before September 1, 2025, the Vermont National Education 5
Association shall appoint one public school teacher member. 6
(c) Beginning on July 1, 2025, as terms of currently serving members 7
expire, appointments of successors shall be made in accordance with the 8
qualifications, considerations, and appointment authority required under 16 9
V.S.A. § 161 and shall be made in the following order: 10
(1) For the terms expiring on February 28, 2027, one appointment shall 11
be made by the Vermont Superintendents Association, one appointment shall 12
be made by the Vermont Principals’ Association, and one appointment shall be 13
made by the Vermont School Boards Association. 14
(2) For the term expiring on February 28, 2028, one appointment shall 15
be made by the Vermont Independent Schools Association. 16
(3) For the term expiring on February 28, 2029, one at large 17
appointment shall be made by the Governor. 18
(4) For the term expiring on June 30, 2030, one appointment shall be 19
made by the Speaker of the House. 20 BILL AS INTRODUCED H.179
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(5) For the term expiring on February 28, 3031, one appointment shall 1
be made by the Senate Committee on Committees. 2
(d) After each appointing authority has made its initial transition period 3
appointments under this section, all appointments shall be made by the 4
appointing authority that made the initial appointment to the vacated or expired 5
term in accordance with 16 V.S.A. § 161. 6
* * * Effective Date * * * 7
Sec. 12. EFFECTIVE DATE 8
This act shall take effect on July 1, 2025. 9