BILL AS INTRODUCED H.312
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H.312 1
Introduced by Representatives Graning of Jericho, Arsenault of Williston, 2
Burrows of West Windsor, and Sibilia of Dover 3
Referred to Committee on 4
Date: 5
Subject: Education; State Board of Education; appointments; Secretary of 6
Education; gubernatorial appointments; advice and consent 7
Statement of purpose of bill as introduced: This bill proposes to (1) create a 8
new appointment process for State Board of Education members by allowing 9
the Governor four appointments, the Senate Committee on Committees three 10
appointments, and the Speaker of the House three appointments; (2) prohibit 11
the Governor from reappointing an individual to the same position if the 12
Senate did not consent to the appointment; and (3) require the State Board of 13
Education to begin a robust national search for a new Secretary of Education 14
not later than 45 days after public notification of the resignation of the current 15
Secretary. 16
An act relating to the appointment of members of the State Board of 17
Education and the Secretary of Education 18 BILL AS INTRODUCED H.312
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It is hereby enacted by the General Assembly of the State of Vermont: 1
Sec. 1. 16 V.S.A. § 161 is amended to read: 2
§ 161. STATE BOARD OF EDUCATION; APPOINTMENT OF 3
MEMBERS; TERM; VACANCY 4
The State Board shall consist of ten 10 members, of which expertise or 5
experience as a principal, superintendent, teacher, school board member, 6
educator preparation program provider, special education provider, and parent 7
shall be represented by at least one member each. Two of the members shall 8
be secondary students enrolled in a public school, approved independent 9
school, or secondary career technical education center, one of whom shall be a 10
full member and the other of whom shall be a junior member who may not 11
vote. All members shall be appointed by the Governor with the advice and 12
consent of the Senate. In the appointment of the nonstudent members, priority 13
shall be given to the selection of persons with a demonstrated commitment to 14
ensuring quality education for Vermont students. To the extent possible, the 15
members shall represent the State’s geographic, gender, racial, and ethnic 16
diversity and shall also be proportionally representative of the number of 17
students educated in public schools and independent schools. The Secretary 18
shall serve on the State Board as a nonvoting member. The members shall be 19
appointed as follows: 20 BILL AS INTRODUCED H.312
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(1) Four members shall be appointed by the Governor, including the 1
secondary student members. 2
(2) Three members shall be appointed by the Senate Committee on 3
Committees, none of whom may be legislators. Members shall be chosen from 4
among not fewer than six candidates proposed by the Senate Committee on 5
Education. 6
(3) Three members shall be appointed by the Speaker of the House, 7
none of whom may be legislators. Members shall be chosen from among not 8
fewer than six candidates proposed by the House Committee on Education. 9
(4) Upon the expiration of the respective terms of those members of the 10
Board previously appointed, excluding the student members, the Governor 11
appointing authority that made the initial appointment to the expired term 12
shall, biennially in the month of February with the advice and consent of the 13
Senate, appoint members for terms of six years. The terms shall begin March 14
1 of the year in which the appointments are made. A member serving a term of 15
six years shall not be eligible for reappointment for successive terms. 16
(2)(5) In the event of any vacancy occurring in the membership of the 17
Board, the Governor appointing authority that made the initial appointment to 18
the vacated term shall fill the vacancy within 60 days with a qualified person 19
whose appointment shall be for the unexpired portion of the term. Vacancies 20
in terms initially filled by the Senate Committee on Committees or the Speaker 21 BILL AS INTRODUCED H.312
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of the House shall be filled by choosing from among the original list of 1
candidates for the vacant term proposed by the applicable committee of 2
jurisdiction. 3
(3)(6) Biennially, the Board shall choose a member of the Board to be 4
its chair. 5
(4)(7) Annually, using an application process that is open and accessible 6
to all eligible students, the Governor shall appoint a Vermont secondary school 7
student who will continue to be a secondary student for at least two years 8
following taking office, to serve on the State Board for two years, beginning on 9
July 1 of the year of appointment. The student member shall not vote during 10
the first year and shall be a full and voting member during the second year of 11
his or her the student’s term. 12
Sec. 2. TRANSITION PERIOD APPOINTMENTS 13
Members currently serving on the State Board of Education may continue to 14
serve for the duration of the term to which they were appointed. Beginning on 15
July 1, 2025, as terms of currently serving members expire, appointments of 16
successors shall be made in accordance with the qualifications and 17
considerations required under 16 V.S.A. § 161 and shall be made in the 18
following order: 19 BILL AS INTRODUCED H.312
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(1) For the terms expiring on February 28, 2027, one appointment shall 1
be made by the Senate Committee on Committees; one shall be made by the 2
Speaker of the House; and one shall be made by the Governor. 3
(2) For the term expiring on February 28, 2028, the appointment shall be 4
made by the Senate Committee on Committees. 5
(3) For the term expiring on February 28, 2029, the appointment shall be 6
made by the Speaker of the House. 7
(4) For the term expiring on June 30, 2030, the appointment shall be 8
made by the Governor. 9
(5) For the terms expiring on February 28, 2031, one shall be made by 10
the Senate Committee on Committees and one shall be made by the Speaker of 11
the House. 12
(6) The Governor shall continue to make annual secondary student 13
appointments in accordance with 16 V.S.A. § 161. 14
(7) After each appointing authority has made its initial transition period 15
appointments under this section, all appointments shall be made by the 16
appointing authority that made the initial appointment to the vacated or expired 17
term in accordance with 16 V.S.A. § 161. 18
Sec. 3. 3 V.S.A. chapter 11 is amended to read: 19
CHAPTER 11. STATE OFFICERS AND EMPLOYEES GENERALLY 20
* * * 21 BILL AS INTRODUCED H.312
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§ 256. TERM OF OFFICER APPOINTED WITH ADVICE AND CONSENT 1
OF SENATE 2
(a) Whenever it is provided by law that an office shall be filled by 3
appointment with the advice and consent of the Senate, such appointment shall 4
be made during the month of February, and the term of office of a person an 5
individual so appointed shall commence on the first day of March thereafter. 6
(b) Notwithstanding any other provision of law, all secretaries of State 7
agencies and all commissioners of State departments shall take office only with 8
the advice and consent of the Senate, except in the case of an appointment to 9
fill a vacancy when the General Assembly is not in session, in which case the 10
appointee may take office subject to the provisions of section 257 of this title. 11
§ 257. APPOINTMENTS AND VACANCIES REQUIRING ADVICE AND 12
CONSENT OF SENATE 13
(a) Appointments required to be made pursuant to section 256 of this title 14
in the month of February, with the advice and consent of the Senate, shall be 15
valid if made and confirmed at any time during the then regular biennial 16
session of the General Assembly. If not made and confirmed in such month of 17
February, the term of office of the person individual appointed and confirmed 18
thereafter shall extend to and include the day whereon his or her the 19
individual’s term would expire had he or she the individual been appointed and 20
confirmed in such month of February. 21 BILL AS INTRODUCED H.312
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(b) When a vacancy occurs in an office requiring appointment with the 1
advice and consent of the Senate, an appointment may be made to fill the 2
vacancy. 3
(1) If the appointment to fill the vacancy is made during any 4
adjournment of the General Assembly, the person individual appointed may 5
validly function in that office during adjournment until the Senate convenes at 6
the next regular, adjourned, or special session and acts upon the appointment 7
submitted forthwith by the Governor; or if. 8
(2) If the appointment to fill the vacancy is made during any session of 9
the General Assembly, the person individual appointed may validly function in 10
that office until the Senate shall act upon the appointment submitted forthwith 11
by the Governor. Thereafter the 12
(c)(1) An appointee shall continue in office if the Senate consents to the 13
appointment. 14
(2) If the Senate, by vote, does not consent to the appointment, the 15
Governor shall be prohibited from appointing the same individual for the same 16
office, including on an interim basis, for the duration of the Governor’s term of 17
office, and that same individual shall be prohibited from serving in an acting or 18
interim capacity in that same office. 19
* * * 20 BILL AS INTRODUCED H.312
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Sec. 4. 3 V.S.A. § 2702 is amended to read: 1
§ 2702. SECRETARY OF EDUCATION 2
(a) With the advice and consent of the Senate, the Governor shall appoint a 3
Secretary of Education from among no not fewer than three candidates 4
proposed by the State Board of Education. The State Board shall begin a 5
robust national search process not later than 45 days after public notification of 6
the resignation of a Secretary of Education. The Secretary shall serve at the 7
pleasure of the Governor. 8
(b) The Secretary shall report directly to the Governor and shall be a 9
member of the Governor’s Cabinet. 10
(c) At the time of appointment, the Secretary shall have expertise in 11
education management and policy and demonstrated leadership and 12
management abilities. 13
Sec. 5. EFFECTIVE DATE 14
This act shall take effect on July 1, 2025. 15