Vermont H 258: An act relating to the provision of State-funded education in districts that do not maintain an elementary or high school

Bill Text

BILL AS INTRODUCED H.258
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VT LEG #366983 v.1
H.258 1
Introduced by Representatives Graning of Jericho, Arsenault of Williston, 2
Berbeco of Winooski, Birong of Vergennes, Burrows of West 3
Windsor, Casey of Montpelier, Chapin of East Montpelier, 4
Christie of Hartford, Cordes of Lincoln, Dodge of Essex, Dolan 5
of Waitsfield, Garofano of Essex, Goldman of Rockingham, 6
Headrick of Burlington, Holcombe of Norwich, Hooper of 7
Burlington, Jerome of Brandon, Lalley of Shelburne, LaMont of 8
Morristown, Lipsky of Stowe, Logan of Burlington, McCann of 9
Montpelier, McGill of Bridport, Mihaly of Calais, Mulvaney-10
Stanak of Burlington, Ode of Burlington, Rachelson of 11
Burlington, Sammis of Castleton, Sibilia of Dover, Small of 12
Winooski, Squirrell of Underhill, Surprenant of Barnard, 13
Templeman of Brownington, Toleno of Brattleboro, Torre of 14
Moretown, Waters Evans of Charlotte, and White of Bethel 15
Referred to Committee on 16
Date: 17
Subject: Education; maintenance of public schools; public funds 18
Statement of purpose of bill as introduced: This bill proposes to 1) require a 19
school district that does not maintain an elementary school or high school to 20
designate eligible schools to serve as the public school of the district; 2) 21

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VT LEG #366983 v.1
repeals the definition of approved independent school and the approved 1
independent school approval process, while maintaining the recognized 2
independent school enrollment process; 3) creates a definition of therapeutic 3
schools and makes amendments to special education independent school 4
tuition provisions; 4) makes conforming changes throughout Title 16 regarding 5
the school designation process; and 5) makes conforming changes throughout 6
the Vermont Statutes Annotated based on the repeal of the approved 7
independent school definition and approval process. 8
An act relating to the provision of State-funded education in districts that do 9
not maintain an elementary or high school 10
It is hereby enacted by the General Assembly of the State of Vermont: 11
* * * Elementary and High School Designation * * * 12
Sec. 1. 16 V.S.A. § 820 is added to read: 13
§ 820. SCHOOLS ELIGIBLE FOR DESIGNATION 14
Under this chapter, a school district that does not maintain a school for the 15
grades for which it is organized to provide education for shall designate up to 16
three schools to serve as the public school or schools of the district. A school 17
eligible for designation shall be: 18
(1) a public school in Vermont; 19
(2) a public school located outside of Vermont in a different state; or 20

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(3) an independent school recognized under section 166 of this title that 1
meets at least three of the following four criteria: 2
(A) The recognized independent school serves as a regional CTE 3
center as defined in section 1522 of this title. 4
(B) The recognized independent school was established through the 5
granting of a charter by the Vermont General Assembly. 6
(C) The recognized independent school qualified as a public school 7
under the definition of “public school” in effect on June 30, 1991, under 8
subdivision 11(a)(7) of this title. 9
(D) The recognized independent school is designated under section 10
1935 of this title as an employer of teachers within the meaning of 16 V.S.A. 11
chapter 55 (State Teachers’ Retirement System of Vermont). 12
Sec. 2. 16 V.S.A. § 821 is amended to read: 13
§ 821. SCHOOL DISTRICT TO MAINTAIN PUBLIC ELEMENTARY 14
SCHOOLS OR PAY TUITION TO DESIGNATED SCHOOLS 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

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VT LEG #366983 v.1
to one or more public three or fewer elementary schools in one or more school 1
districts that qualify for designation under section 820 of this title; 2
(2) the school district is organized to provide only high school education 3
for its students; or 4
(3) the General Assembly provides otherwise. 5
(b) [Repealed.] 6
(c) Notwithstanding subsection (a) of this section, without previous 7
authorization by the electorate, a school board in a district that operates an 8
elementary school may pay tuition for elementary students who reside near a 9
public elementary school in an adjacent district upon request of the student’s 10
parent or guardian, if in the board’s judgment the student’s education can be 11
more conveniently furnished there due to geographic considerations. Within 12
30 days of after the board’s decision, a parent or guardian who is dissatisfied 13
with the decision of the board under this subsection may reque