Vermont H. 312: An act relating to retirement and pensions

Bill Text

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VT LEG #378672 v.1
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

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VT LEG #378672 v.1
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

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VT LEG #378672 v.1
(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

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VT LEG #378672 v.1
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 current