Vermont H 701: An act relating to the Secretary’s role in State support for schools not meeting education quality standards

Bill Text

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VT LEG #386167 v.2
H.701 1
Introduced by Representatives Tomlinson of Winooski, Berbeco of Winooski, 2
and McCann of Montpelier 3
Referred to Committee on 4
Date: 5
Subject: Education; education quality standards; Agency of Education; school 6
districts 7
Statement of purpose of bill as introduced: This bill proposes to require any 8
action recommended by the Secretary of Education to correct deficiencies in 9
education quality standard compliance under 16 V.S.A. § 165(b) to be 10
supported by data. It also requires control of a school to be returned to a 11
school district if the Secretary assumes control to correct deficiencies and has 12
not done so within two years of assuming control. 13
An act relating to the Secretary’s role in State support for schools not 14
meeting education quality standards 15
It is hereby enacted by the General Assembly of the State of Vermont: 16
Sec. 1. 16 V.S.A. § 165 is amended to read: 17
§ 165. EDUCATION QUALITY STANDARDS; EQUAL EDUCATIONAL 18
OPPORTUNITIES; INDEPENDENT SCHOOL MEETING 19
EDUCATION QUALITY STANDARDS 20

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VT LEG #386167 v.2
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(b)(1) Annually, the Secretary shall determine whether students in each 2
Vermont public school are provided educational opportunities substantially 3
equal to those provided in other public schools. If the Secretary determines 4
that a school is not meeting the education quality standards listed in subsection 5
(a) of this section or that the school is making insufficient progress in 6
improving student performance in relation to the standards for student 7
performance set forth in subdivision 164(9) of this title, the Secretary shall 8
describe in writing actions that a district must take in order to meet either or 9
both sets of standards and shall provide technical assistance to the school. If 10
the school fails to meet the standards or make sufficient progress within two 11
years following the determination, the Secretary shall recommend to the State 12
Board one or more of the following actions: listed in subdivisions (A)–(E) of 13
this subdivision. Any recommendation from the Secretary shall be 14
accompanied by nonselective, comprehensive, and district-validated multiyear 15
data to justify the recommendation. 16
(1)(A) the The Agency continue to shall provide in-person weekly 17
technical assistance for one more cycle of review;. 18
(2)(B) the The State Board shall adjust supervisory union boundaries or 19
responsibilities of the superintendency pursuant to section 261 of this title;. 20

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(3)(C) the The Secretary shall assume administrative control of an 1
individual school, school district, or supervisory union, including budgetary 2
control to ensure sound financial practices, only to the extent necessary to 3
correct deficiencies;. 4
(i) If the Secretary assumes full budgetary and management 5
control over the school, the Secretary shall demonstrate within two years after 6
assuming control that the school has corrected the deficiencies that led to the 7
Secretary’s recommendation. Failure of the Secretary to do so will result in 8
restoration of administrative control of the school back to the local school 9
board. 10
(ii) Should the Secretary’s control of the school result in the 11
correction of the originally identified deficiencies within two years after the 12
Secretary assuming control, the Secretary shall either: 13
(I) continue to maintain control over the school for up to five 14
years; or 15
(II) conditionally return control of the school to the local school 16
board with a mutually agreed upon sustainability plan in place. 17
(iii) Should the Secretary return control of the school to the school 18
board due to failure to correct the identified deficiencies within two years after 19
the Secretary assuming control of the school, return of control to the school 20
board shall not be conditional and the school shall not be subject to actions 21

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VT LEG #386167 v.2
under this subsection (b) for the same deficiencies for a minimum of two years 1
from the date control was returned to the school board. 2
(iv) The superintendent shall cooperate with the requests of the 3
Secretary during any period the Secretary has assumed control of a school 4
pursuant to this subsection (b), but shall continue to report only to the school 5
board or boards within the superintendent’s supervisory union in accordance 6
with the provisions of the superintendent’s contract. 7
(4)(D) the The State Board shall close an individual school or schools 8
and require that the school district pay tuition to another public school or an 9
approved independent school pursuant to chapter 21 of this title; or. 10
(5)(E) the The State Board shall require two or more school districts to 11
consolidate their governance structures. 12
(2) The Secretary shall not