H 454 — An act relating to transforming Vermont’s education governance, quality, and finance systems

No.

107-110.

Those funds may be accepted and shall be distributed and accounted for by the State Treasurer in accordance with that law and rules and regulations of the United States issued under it if there is conflict between that law or those rules and regulations and the laws of this State.

(b) For purposes of distribution of funds under this section, a supervisory union school district shall be a local education agency as that term is defined in 20 U.S.C.

§ 7801(26).

(c) For purposes of determining student performance and application of consequences for failure to meet standards and for provision of compensatory BILL AS PASSED BY THE HOUSE H.454 Page 5 of 415 and remedial services pursuant to 20 U.S.C.

§§ 6311–6318, a supervisory union school district shall be a local education agency.

Sec.

3.

16 V.S.A.

§ 212 is amended to read:

§ 212.

SECRETARY’S DUTIES GENERALLY The Secretary shall articulate a long-term strategic vision for educational services in the State, through engagement of the education community;

shall execute those policies adopted by the State Board in the legal exercise of its powers;

and shall:

(1) Coordinate the educational work of the public schools with higher education in the State.

(2) Identify the educational goals of the public schools, provide alternative methods of attaining those goals, and promote education in the State.

(3) Evaluate the program of instruction in the public schools Establish, through rulemaking, education and district quality standards to evaluate the quality of instruction and operations in the public and school choice schools.

(4) Advise the General Assembly concerning proposed laws affecting the public schools.

(5) Supervise and direct the execution of the laws relating to the public schools and ensure compliance.

BILL AS PASSED BY THE HOUSE H.454 Page 6 of 415 (6) Supervise the expenditure and distribution of all money appropriated by the State under the provisions of this title for public schools.

(7) Arrange conferences and summer schools for superintendents and teachers and employ suitable speakers, lecturers, and instructors for the same;

fix the amount of tuition for the instruction;

provide for educational gatherings, institutes, summer schools, and other supplementary educational activities;

and provide for cooperation with the Board of Libraries established by 22 V.S.A.

§ 602 or the State Librarian.

(8) Inform citizens of the condition of and opportunities within the public education system and provide other educational publicity for the enlightenment and well-being of the citizens of the State Provide clear, transparent and high quality information to citizens regarding the condition and opportunities within the public education system.

(9) Establish requirements for information to be submitted by school districts, including necessary statistical data and other information, and ensure, to the extent possible, that data are reported in a uniform way.

Data collected under this subdivision shall include budget surplus amounts, reserve fund amounts, and information concerning the purpose and use of any reserve funds.

(10) Make recommendations to school boards regarding transportation policies.

BILL AS PASSED BY THE HOUSE H.454 Page 7 of 415 (11) Provide an educational facilities planning service to make available technical assistance and comprehensive information on school construction, school systems design, component technology and suppliers, and similar subjects to public schools, school districts, and independent schools, for the purpose of helping them to achieve flexibility and economy in construction, to retain the potential for modification and expansion of educational facilities, and to attain the lowest maintenance costs consistent with educational needs.

[Repealed.] (12) Distribute at his or her the Secretary’s discretion upon request to approved independent schools appropriate forms and materials relating to the education quality standards for elementary and secondary students.

(13) Ensure the provision of services to children and adolescents with a severe emotional disturbance in coordination with the Departments of Mental Health, for Children and Families, and of Disabilities, Aging, and Independent Living pursuant to the provisions of 33 V.S.A.

chapter 43.

(14) Annually, communicate to each superintendent a list of information that a supervisory union, a school board, a school district, a school, or a school district employee, or a supervisory union employee is required under State or federal law to make available to the electorate, community members, parents, or students.

It is the intent of this subdivision that the Secretary shall make a good faith effort to compile a complete list of the information to be made BILL AS PASSED BY THE HOUSE H.454 Page 8 of 415 available.

Due to the difficult nature of compiling such a list, it is also the intent that failure to include relevant information on the list shall not constitute grounds for an action against the Secretary.

(15) Annually, with the Commissioner of Health, shall jointly inform superintendents and principals of appropriate practices regarding students with life-threatening allergies and chronic illnesses;

and prepare and distribute policies, training materials, and school guidelines for managing students with life-threatening allergies and chronic illnesses, including family responsibilities, school responsibilities, and student responsibilities.

(16) Annually, convene a meeting of directors of Vermont educator preparation programs and representatives of school boards, superintendents, principals, educators, and the Vermont Standards Board to determine subject and geographic areas in which there is a critical need for educators and to discuss ways to meet the need.

(17) Encourage and facilitate collaboration among school districts and supervisory unions to share information and expertise regarding low-incidence special education needs.

(18) Annually, inform superintendents and principals of regional resources available to assist schools to provide instruction in cardiopulmonary resuscitation and the use of automated external defibrillators and provide BILL AS PASSED BY THE HOUSE H.454 Page 9 of 415 updated information to the education community regarding the provision of a comprehensive health education.

(19) Establish an information clearinghouse and accessible database to help districts share information about educational programs and practices that improve student performance.

Educational programs and practices include those designed to create and sustain a safe learning environment.

(20) Develop, in consultation with the Secretary of State, and make available to school boards sample ballot language for issues that may be decided by Australian ballot and for which no statutory language exists.

(21) Prepare a budget for the Agency and submit it to the Governor after review by the State Board.

(22) Annually, prior to September 1, present the Governor’s education policy priorities to the State Board.

(23) Make regulations governing the attendance and records of attendance of all students and the deportment of students attending public schools.

(24) Implement and continually update standards for student performance in appropriate content areas and at appropriate intervals in the continuum from kindergarten to grade 12 and methods of assessment to determine attainment of the standards for student performance.

The standards shall be rigorous, challenging, and designed to prepare students to participate BILL AS PASSED BY THE HOUSE H.454 Page 10 of 415 in and contribute to the democratic process and to compete in the global marketplace.

The standards shall include a standard for reading level proficiency for students completing grade three.

(25) By rule, determine statewide graduation standards.

(26) Provide oversight for adult education and literacy programs and perform all the duties and powers prescribed by law pertaining to adult education and literacy and to act as the State approval agency for educational institutions conducting programs of adult education and literacy.

(27) Report annually on the condition of education statewide and on a school district basis.

The report shall include information on attainment of standards for student performance adopted under subdivision (24) of this section, the number and types of complaints of hazing, harassment, or bullying made pursuant to chapter 9, subchapter 5 of this title and responses to the complaints;

financial resources and expenditures;

and community social indicators.

The report shall be organized and presented in a way that is easily understandable by the general public and that enables each school and school district to determine its strengths and weaknesses.

To the extent consistent with State and federal privacy laws and regulations, data on hazing, harassment, or bullying incidents shall be disaggregated by incident type, including disaggregation by ethnic groups, racial groups, religious groups, gender, sexual orientation, gender identity, disability status, and English BILL AS PASSED BY THE HOUSE H.454 Page 11 of 415 language learner status.

The Secretary shall use the information in the report to determine whether students in each school and school district are provided educational opportunities substantially equal to those provided in other schools and school districts pursuant to subsection 165(b) of this title.

(28) Ensure that Vermont’s students, including students enrolled in secondary career technical education, have access to a substantially equal educational opportunity by developing a system to evaluate the equalizing effects of Vermont’s education finance system and education quality standards under section 165 of this title.

Sec.

4.

16 V.S.A.

§ 164 is amended to read:

§  164.

STATE BOARD;

GENERAL POWERS AND DUTIES The State Board shall engage local school board members and the broader education community and, consistent with the provisions of this title, its own rules, and rules adopted by the Secretary, establish and regularly update contribute to a long-term strategic vision articulated by the Secretary of Education for the delivery of educational services in Vermont;

advise the General Assembly, the Governor, and the Secretary of Education on high- priority educational policies and issues as they arise;

and act in accordance with legislative mandates, including the adoption of rules and executing special assignments.

In addition to other specified duties, the Board shall:

BILL AS PASSED BY THE HOUSE H.454 Page 12 of 415 (1) Establish such advisory commissions as in the judgment of the Board will be of assistance to it in carrying out its duties.

Advisory commission members shall serve with or without compensation at the discretion of the Board but shall receive actual expenses incurred in pursuance of their duties.

(2) Have the authority to enter into agreements with school districts, municipalities, states, the United States, foundations, agencies, or individuals for service, educational programs, or research projects.

(3) Examine and determine all appeals that by law are made to it and prescribe rules of practice in respect thereto, not inconsistent with law.

(4) [Repealed.] (5) [Repealed.] (6) Make regulations governing the attendance and records of attendance of all students and the deportment of students attending public schools.

[Repealed.] (7) Adopt rules pursuant to 3 V.S.A.

chapter 25 to carry out the powers and duties of the Board as directed by the General Assembly, within the limitations of legislative intent.

(8) [Repealed.] (9) Implement and continually update standards for student performance in appropriate content areas and at appropriate intervals in the continuum from BILL AS PASSED BY THE HOUSE H.454 Page 13 of 415 kindergarten to grade 12 and methods of assessment to determine attainment of the standards for student performance.

The standards shall be rigorous, challenging, and designed to prepare students to participate in and contribute to the democratic process and to compete in the global marketplace.

The standards shall include a standard for reading level proficiency for students completing grade three.

[Repealed.] (10) [Repealed.] (11) If deemed advisable, determine educational standards for admission to and graduation from the public schools.

[Repealed.] (12) [Repealed.] (13) Be the State Board for the program of adult education and literacy and perform all the duties and powers prescribed by law pertaining to adult education and literacy and to act as the State approval agency for educational institutions conducting programs of adult education and literacy.

[Repealed.] (14) Adopt rules for approval of independent schools.

[Repealed.] (15) Establish criteria governing the establishment of a system for the receipt, deposit, accounting, and disbursement of all funds by supervisory unions and school districts.

[Repealed.] (16) In cooperation with the Secretary, ensure that the Agency develops information, plans, and assistance to aid in making technology and telecommunications available and coordinated in all school districts.

The State BILL AS PASSED BY THE HOUSE H.454 Page 14 of 415 Board shall develop guidelines for distribution of federal, State, or private funds designated for the development or expansion of distance learning technologies.

The guidelines shall encourage, consistent with any terms or conditions established by the funding source, collaboration between schools and school districts to realize economic and educational efficiencies.

[Repealed.] (17) Report annually on the condition of education statewide and on a supervisory union and school district basis.

The report shall include information on attainment of standards for student performance adopted under subdivision (9) of this section, number and types of complaints of hazing, harassment, or bullying made pursuant to chapter 9, subchapter 5 of this title and responses to the complaints, financial resources and expenditures, and community social indicators.

The report shall be organized and presented in a way that is easily understandable by the general public and that enables each school, school district, and supervisory union to determine its strengths and weaknesses.

To the extent consistent with State and federal privacy laws and regulations, data on hazing, harassment, or bullying incidents shall be disaggregated by incident type, including disaggregation by ethnic groups, racial groups, religious groups, gender, sexual orientation, gender identity, disability status, and English language learner status.

The Secretary shall use the information in the report to determine whether students in each school, BILL AS PASSED BY THE HOUSE H.454 Page 15 of 415 school district, and supervisory union are provided educational opportunities substantially equal to those provided in other schools, school districts, and supervisory unions pursuant to subsection 165(b) of this title.

[Repealed.] (18) Ensure that Vermont’s students, including students enrolled in secondary career technical education, have access to a substantially equal educational opportunity by developing a system to evaluate the equalizing effects of Vermont’s education finance system and education quality standards under section 165 of this title.

[Repealed.] (19) [Repealed.] (20) Pursuant to section 806g of this title, constitute the State Council for the Interstate Compact on Educational Opportunity for Military Children and appoint to the Council a Compact Commissioner and Military Family Education Liaison, who may be the same person.

The Board may appoint additional members.

(21) Report annually to the Governor and the General Assembly on the progress the Board has made on the development of education policy for the State in the execution of its enumerated duties.

(22) Administer a statewide contract to provide annual training to school board members on educational leadership and the roles and responsibilities of the school district board.

The State Board will select an BILL AS PASSED BY THE HOUSE H.454 Page 16 of 415 appropriate training vendor to speak to the Vermont context and to be informed by research-based best practices.

(23) Annually, review each school district’s adopted equity budget policy, and coordinate with school districts on the content and implementation considerations for those policies.

(24) Annually, review the outcome of the District Quality Standards evaluation of school board proficiency published by the Agency of Education.

The State Board shall convene public discussions with each school district to identify areas for improvement and to define the role of the school board in improving districtwide practices.

Sec.

5.

16 V.S.A.

§ 165 is amended as follows:

§ 165.

EDUCATION QUALITY STANDARDS;

EQUAL EDUCATIONAL OPPORTUNITIES;

INDEPENDENT SCHOOL MEETING EDUCATION QUALITY STANDARDS (a) In order to carry out Vermont’s policy that all Vermont children will be afforded educational opportunities that are substantially equal in quality, each Vermont public school, including each career technical center, shall meet the following education quality standards:

(1) The school, through a process including parents, teachers, students, and community members, develops, implements, and annually updates a continuous improvement plan to improve student performance within the BILL AS PASSED BY THE HOUSE H.454 Page 17 of 415 school.

The plan shall include goals and objectives for improved student learning and educational strategies and activities to achieve its goals.

The plan shall also address the effectiveness of efforts made since the previous continuous improvement plan to ensure the school maintains a safe, orderly, civil, and positive learning environment that is free from harassment, hazing, and bullying.

The school shall assess student performance under the plan using a method or methods of assessment developed under subdivision 164(9) of this title.

(2) The school, at least annually, reports student performance results to community members in a format selected by the school board.

In the case of a regional career technical center, the community means the school districts in the service region.

The school report shall include:

(A) Information indicating progress toward meeting standards from the most recent measure taken.

(B) [Repealed.] (C) Information indicating progress toward meeting the goals of an annual continuous improvement plan.

(D) Any other statistical information about the school or community that the school board deems necessary to place student performance results in context.

(E)–(G) [Repealed.] BILL AS PASSED BY THE HOUSE H.454 Page 18 of 415 (H) A description of how the school ensures that each student receives appropriate career counseling and program information regarding availability of education and apprenticeship program offerings at career technical centers.

(I) [Repealed.] (J) If the school is a secondary school, information and supporting data presented in a manner designed to protect student confidentiality on the dropout and graduation rates.

(K) Data provided by the Secretary that enable a comparison with other schools, or school districts if school level data are not available, for cost- effectiveness.

The Secretary shall establish which data are to be included pursuant to this subdivision and, notwithstanding that the other elements of the report are to be presented in a format selected by the school board, shall develop a common format to be used by each school in presenting the data to community members.

The Secretary shall provide the most recent data available to each school no not later than October 1 of each year.

Data to be presented include student-to-teacher ratio, administrator-to-student ratio, administrator-to-teacher ratio, and cost per pupil.

(3) The school substantially meets standards adopted by rule of the State Board Agency of Education regarding conditions, practices, and resources of BILL AS PASSED BY THE HOUSE H.454 Page 19 of 415 schools.

The standards shall address those aspects of the following that are most closely associated with improving student performance:

(A) school leadership, staffing, and support services, and average minimum class sizes that shall require that for grades four through 12 average class sizes to be equivalent to a teacher to student ratio of 1:25 and for grades kindergarten through three shall be equivalent to a teacher to student ratio of 15:1;

(B) instructional practices and curriculum leadership, content, and coordination;

(C) educational materials and school facilities;

(D) access to current technology.

(4) The school shall provide for and the staff shall use needs-based professional development designed to improve the quality of education provided to the students and directly connected to standards for student performance established by the State Board Agency of Education and any other educational performance goals established by the school board.

(5) The school uses staff evaluation to advance educational performance objectives.

(6) The school ensures that students receive appropriate career counseling and program information regarding the availability of education and apprenticeship program offerings at career technical centers.

In addition, BILL AS PASSED BY THE HOUSE H.454 Page 20 of 415 the school, if it is a secondary school, offers a genuine opportunity to access career technical education programs.

(7) The school ensures that students are furnished educational services in accordance with any State or federal entitlements and in a nondiscriminatory manner.

(8) The school maintains a safe, orderly, civil, and positive learning environment that is free from hazing, harassment, and bullying, and is based on sound instructional and classroom management practices and clear discipline policies that are consistently and effectively enforced.

(b) Annually, the Secretary shall determine whether students in each Vermont public school are provided educational opportunities substantially equal to those provided in other public schools.

If the Secretary determines that a school is not meeting the education quality standards listed in subsection (a) of this section or that the school is making insufficient progress in improving student performance in relation to the standards for student performance set forth in subdivision 164(9) of this title, he or she the Secretary shall describe in writing actions that a district must take in order to meet either or both sets of standards and shall provide technical assistance to the school.

If the school fails to meet the standards or make sufficient progress within two years of the determination, the Secretary shall recommend to the State Board one or more of the following actions:

BILL AS PASSED BY THE HOUSE H.454 Page 21 of 415 (1) the Agency continue to provide technical assistance for one more cycle of review;

(2) the State Board adjust supervisory union boundaries or responsibilities of the superintendency pursuant to section 242 of this title;

(3) the Secretary assume administrative control of an individual school, or school district, or supervisory union, including budgetary control to ensure sound financial practices, only to the extent necessary to correct deficiencies;

(4) the State Board close an individual school or schools and require that the school district pay tuition to another public school or an approved independent school pursuant to chapter 21 of this title assign students to a different school operated by the district;

or (5) the State Board require two or more school districts to consolidate their governance structures.

(c) The State Board, after offering the school board an opportunity for a hearing, shall either dismiss the Secretary’s recommendation or order that one or more of the actions listed in subsection (b) of this section be taken.

The action ordered by the State Board shall be the least intrusive consistent with the need to provide students attending the school substantially equal educational opportunities.

A school board aggrieved by an order of the State Board may appeal the order in accordance with the Rules of Civil Procedure.

BILL AS PASSED BY THE HOUSE H.454 Page 22 of 415 (d) Nothing in this section shall be construed to entitle any student to educational programs or services identical to those received by students in the same or any other school district.

Further, nothing in this section shall create a private right of action.

(e) If the Secretary determines at any time that the failure of a school to meet the education quality standards listed in subsection (a) of this section is severe or pervasive, potentially results in physical or emotional harm to students or significant deprivation of equal education opportunities, and the school has either unreasonably refused to remedy the problem or its efforts have proved ineffective, he or she the Secretary may recommend to the State Board one or more of the actions listed in subsection (b) of this section.

The State Board shall then follow the procedure of subsection (c) of this section.

(f) In order to be designated an independent school meeting education quality standards, an independent school shall participate in the education quality standards process of subsection (b) of this section.

An independent school shall receive technical assistance in accordance with the provisions of subsection (b), but shall not be subject to subdivisions (b)(2)–(4) of this section.

The school shall be an independent school meeting education quality standards unless the State Board, after opportunity for hearing, finds that:

(1) the school has discontinued its participation in the education quality standards process;

or BILL AS PASSED BY THE HOUSE H.454 Page 23 of 415 (2) two or more years following a determination that the school is not meeting the education quality standards or that the school is making insufficient progress in improving student performance, the school fails to meet the standards or make sufficient progress toward meeting the standards.

[Repealed.] (g) In addition to the education quality standards provided in subsection (a) of this section, each Vermont school district shall meet the school district quality standards adopted by rule of the Agency of Education regarding the business, facilities management, and governance practices of school districts.

These standards shall include a process for school district quality reviews to be conducted by the Agency of Education.

Annually, the Secretary shall publish metrics regarding the outcomes of school district quality reviews.

Sec.

6.

16 V.S.A.

§ 166 is amended to read:

§  166.

APPROVED AND RECOGNIZED INDEPENDENT SCHOOLS;

INDEPENDENT SCHOOL SERVING AS SCHOOL CHOICE SCHOOL FOR GRADES 9–12 (a) Authority.

An independent school may operate and provide elementary education or secondary education if it is either approved or recognized or designated as a school choice school as set forth in this section.

(b) Approved independent schools.

On application, the State Board shall approve an independent school that offers elementary or secondary education BILL AS PASSED BY THE HOUSE H.454 Page 24 of 415 if it finds, after opportunity for hearing, that the school provides a minimum course of study pursuant to section 906 of this title and that it substantially complies with all statutory requirements for approved independent schools and the Board’s rules for approved independent schools.

An independent school that intends to accept public tuition shall be approved by the State Board only on the condition that the school agrees, notwithstanding any provision of law to the contrary, to enroll any student who requires special education services and who is placed in or referred to the approved independent school as an appropriate placement and least restrictive environment for the student by the student’s individualized education program team or by the local education agency;

provided, however, that this requirement shall not apply to an independent school that limits enrollment to students who are on an individualized education program or a plan under Section 504 of the Rehabilitation Act of 1973, 29 U.S.C.

§ 794, and who are enrolled pursuant to a written agreement between the local education agency and the school.

Except as provided in subdivision (6) of this subsection, the Board’s rules must at minimum require that the school have the resources required to meet its stated objectives, including financial capacity, faculty who are qualified by training and experience in the areas in which they are assigned, and physical facilities and special services that are in accordance with any State or federal law or regulation.

Approval may be granted without State Board evaluation in the BILL AS PASSED BY THE HOUSE H.454 Page 25 of 415 case of any school accredited by a private, State, or regional agency recognized by the State Board for accrediting purposes, provided that the State Board shall determine that the school complies with all student enrollment provisions required by law.

(1) On application, the State Board shall approve an independent school that offers kindergarten but no other graded education if it finds, after opportunity for hearing, that the school substantially complies with the Board’s rules for approved independent kindergartens.

The State Board may delegate to another State agency the authority to evaluate the safety and adequacy of the buildings in which kindergartens are conducted but shall consider all findings and recommendations of any such agency in making its approval decision.

(2) Approvals under this subsection (b) shall be for a term established by rule of the Board but not greater than five years.

(3) A approved independent school shall provide to the parent or guardian responsible for each of its students, prior to accepting any money for a student, an accurate statement in writing of its status under this section and a copy of this section.

Failure to comply with this provision may create a permissible inference of false advertising in violation of 13 V.S.A.

§ 2005.

(4) Each approved independent school shall provide to the Secretary on October 1 of each year the names, genders, dates of birth, and addresses of its BILL AS PASSED BY THE HOUSE H.454 Page 26 of 415 enrolled students.

Within seven days of the termination of a student’s enrollment, the school choice school shall notify the Secretary of the name and address of the student.

The Secretary shall notify the appropriate school officials as provided in section 1126 of this title.

(5) The State Board may revoke, suspend, or impose conditions upon the approval of an approved independent school, after having provided an opportunity for a hearing, for substantial failure to comply with the minimum course of study, for failure to demonstrate that the school has the resources required to meet its stated objectives, for failure to comply with statutory requirements or the Board’s rules for approved independent schools, or for failure to report under subdivision (4) of this subsection (b).

Upon that revocation or suspension, students required to attend school who are enrolled in that school shall become truant unless they enroll in a public school, an approved or recognized independent school, or a home study program.

(6) This subdivision (6) applies to an independent school located in Vermont that offers a distance learning program and that, because of its structure, does not meet some or all the rules of the State Board for approved independent schools.

In order to be approved under this subdivision, a school shall meet the standards adopted by rule of the State Board for approved independent schools that can be applied to the applicant school and any other standards or rules adopted by the State Board regarding these types of schools.

BILL AS PASSED BY THE HOUSE H.454 Page 27 of 415 A school approved under this subdivision shall not be eligible to receive tuition payments from public school districts under chapter 21 of this title.

(7) Approval for independent residential schools under this subsection is also contingent upon proof of the school’s satisfactory completion of an annual fire safety inspection by the Department of Public Safety or its designee pursuant to 20 V.S.A.

chapter 173, subchapter 2.

A certificate executed by the inspecting entity, declaring satisfactory completion of the inspection and identifying the date by which a new inspection must occur, shall be posted at the school in a public location.

The school shall provide a copy of the certificate to the Secretary of Education after each annual inspection.

The school shall pay the actual cost of the inspection unless waived or reduced by the inspecting entity.

(8)(A) If an approved independent school experiences any of the following financial reporting events during the period of its approved status, the school shall notify the Secretary of Education within five days after its knowledge of the event unless the failure is de minimis:

(i) the school’s failure to file its federal or State tax returns when due, after permissible extension periods have been taken into account;

(ii) the school’s failure to meet its payroll obligations as they are due or to pay federal or State payroll tax obligations as they are due;

BILL AS PASSED BY THE HOUSE H.454 Page 28 of 415 (iii) the school’s failure to maintain required retirement contributions;

(iv) the school’s use of designated funds for nondesignated purposes;

(v) the school’s inability to fully comply with the financial terms of its secured installment debt obligations over a period of two consecutive months, including the school’s failure to make interest or principal payments as they are due or to maintain any required financial ratios;

(vi) the withdrawal or conditioning of the school’s accreditation on financial grounds by a private, State, or regional agency recognized by the State Board for accrediting purposes;

or (vii) the school’s insolvency, as defined in 9 V.S.A.

§ 2286(a).

(B)(i) If the Secretary reasonably believes that an approved independent school lacks financial capacity to meet its stated objectives during the period of its approved status, then the Secretary shall notify the school in writing of the reasons for this belief and permit the school a reasonable opportunity to respond.

(ii) If the Secretary, after having provided the school a reasonable opportunity to respond, does not find that the school has satisfactorily responded or demonstrated its financial capacity, the Secretary may establish a BILL AS PASSED BY THE HOUSE H.454 Page 29 of 415 review team that, with the consent of the school, includes a member of the Council of Independent Schools, to:

(I) conduct a school visit to assess the school’s financial capacity;

(II) obtain from the school such financial documentation as the review team requires to perform its assessment;

and (III) submit a report of its findings and recommendations to the State Board.

(iii) If the State Board concludes that an approved independent school lacks financial capacity to meet its stated objectives during the period of its approved status, the State Board may take any action that is authorized by this section.

(iv) In considering whether an independent school lacks financial capacity to meet its stated objectives during the period of its approved status and what actions the State Board should take if it makes this finding, the State Board may consult with, and draw on the analytical resources of, the Vermont Department of Financial Regulation.

(C) Information provided by an independent school under this subsection that is not already in the public domain is exempt from public inspection and copying under the Public Records Act and shall be kept confidential.

[Repealed.] BILL AS PASSED BY THE HOUSE H.454 Page 30 of 415 (c) School Choice Schools.

An independent school may be designated as a School Choice School to serve grades 9–12 by the school district in which it is geographically located.

In order to be eligible for designation, an independent school shall be certified by the Agency of Education as meeting the following criteria:

(1) use of State standardized assessments;

(2) implementation of minimum State graduation requirements;

(3) the provision of special education services to all enrolled students to the same extent as would be required of a public school operated by a school district;

(4) completion of an annual single audit by a certified public accountant, which shall be submitted to the Agency of Education;

(5) maintenance of minimum financial reserves, in an amount to be established by rules adopted by the Agency of Education;

(6) compliance with the school choice school requirements of the Education Quality Standards as defined by the Secretary through rule making;

(7) compliance with school safety requirements in chapter 33 of this title;

(8) adherence in all policies and operations with nondiscrimination requirements of 9 V.S.A.

chapter 139;

BILL AS PASSED BY THE HOUSE H.454 Page 31 of 415 (9) adoption of harassment, hazing, and bullying prevention policies required by chapter 9, subchapter 5 of this title;

except that the board shall follow its own procedures for adopting policy;

(10) the school annually announces a capacity for incoming students to attend on a publicly funded basis in the following school year;

(11) the school was an approved independent school on July 1, 2025;

(12) the school’s enrollment is at least 51 percent comprised of students attending on a district-funded tuition basis as of July 1, 2025, (13) the school has a policy to govern a nondiscriminatory lottery system for determining which students may enroll in the school on a publicly funded basis when student interest exceeds capacity;

and (14) the school offers due process protections prior to suspending or expelling a student attending on a publicly funded basis that are at least as comprehensive as those required of public schools in section 1162 of this title.

(c)(d) Recognized independent schools.

Upon filing an enrollment notice, a recognized independent school may provide elementary or secondary education in Vermont.

The enrollment notice shall be on a form provided by the Secretary and shall be filed with the Secretary no earlier than three months before the beginning of the school year for the public schools in the town in which the applicant proposes to locate.

BILL AS PASSED BY THE HOUSE H.454 Page 32 of 415 (1) The enrollment notice shall contain the following information and assurances:

(A) a statement that the school will be in session an amount of time substantially equivalent to that required for public schools;

(B) a detailed description or outline of the minimum course of study for each grade level the school offers and how the annual assessment of each student will be performed;

and (C) assurances that:

(i) the school will prepare and maintain attendance records for each student enrolled or regularly attending classes;

(ii) at least once each year, the school will assess each student’s progress, and will maintain records of that assessment, and present the result of that assessment to each student’s parent or guardian;

(iii) the school’s educational program will include the minimum course of study set forth in section 906 of this title;

(iv) the school will have teachers and materials sufficient to carry out the school’s educational program;

and (v) the school will meet such State and federal laws and regulations concerning its physical facilities and health and safety matters as are applicable to recognized independent schools.

BILL AS PASSED BY THE HOUSE H.454 Page 33 of 415 (2) If the Secretary has information that creates significant doubt about whether the school would be able to meet the requirements set forth in this subsection (c)(d), the Secretary may call a hearing.

At the hearing, the school shall establish that it can meet the requirements for recognized independent schools.

Failure to do so shall result in a finding by the Secretary that the school must take specified action to come into compliance within a specified time frame or the children enrolled must attend another recognized independent school, a public school, an approved independent school, or a home study program, or be declared truant unless absent with legal excuse.

(3) A recognized independent school shall provide to each student’s parent or guardian a copy of its currently filed statement of objectives and a copy of this section.

The copy shall be provided when the student enrolls or before September 1, whichever comes later.

Failure to comply with this subsection may create a permissible inference of false advertising in violation of 13 V.S.A.

§ 2005.

(4) A recognized independent school shall renew its enrollment notice annually.

An independent school shall be recognized for a period not to exceed five years by the Secretary without need for filing an annual enrollment notice if:

(A) it is recognized by an organization approved by the State Board for the purpose of recognizing such school;

or BILL AS PASSED BY THE HOUSE H.454 Page 34 of 415 (B) it is accredited by a private, state, or regional agency approved by the State Board for accrediting purposes;

provided, however, nothing in this subdivision (4) shall be construed to prohibit the Secretary from initiating a hearing under this subsection (c)(d).

(5) If the Secretary has information that creates significant doubt about whether the school, once in operation, is meeting the requirements for recognized independent schools, the Secretary may call a hearing.

At the hearing, the school shall establish that it has met the requirements for recognized independent schools.

Failure to do so shall result in a finding by the Secretary that:

(A) the school may not be in operation for the remainder of the school year and that the children are truant unless absent with legal excuse or enrolled in a public school, an independent school, another recognized independent school, or a home study program;

or (B) the school must take specified action to come into compliance within a specified time frame or the school will not be permitted to operate for the remainder of the school year.

(6) Each recognized independent school shall provide to the Secretary on October 1 of each year the names, genders, dates of birth, and addresses of its enrolled students.

Within seven days of the termination of a student’s enrollment, the recognized independent school shall notify the Secretary of the BILL AS PASSED BY THE HOUSE H.454 Page 35 of 415 name and address of the student.

The Secretary shall notify the appropriate school officials as provided in section 1126 of this title.

(7) After the filing of the enrollment notice or at a hearing, if the school is unable to comply with any specific requirements due to deep religious conviction shared by an organized group, the Secretary may waive such requirements if he or she the Secretary determines that the educational purposes of this subsection are being or will be substantially met.

(8) A recognized independent school shall provide to the parent or guardian responsible for each of its students, prior to accepting any money for a student, an accurate statement in writing of its status under this section and a copy of this section.

Failure to comply with this provision may create a permissible inference of false advertising in violation of 13 V.S.A.

§ 2005.

(9) Each school choice school designated by a school district pursuant to school shall provide to the Secretary on October 1 of each year the names, genders, dates of birth, and addresses of its enrolled students.

Within seven days following the termination of a student’s enrollment, the school choice school shall notify the Secretary of the name and address of the student.

The Secretary shall notify the appropriate school officials as provided in section 1126 of this title.

(10) Approval for independent residential schools under this subsection is also contingent upon proof of the school’s satisfactory completion of an BILL AS PASSED BY THE HOUSE H.454 Page 36 of 415 annual fire safety inspection by the Department of Public Safety or its designee pursuant to 20 V.S.A.

chapter 173, subchapter 2.

A certificate executed by the inspecting entity, declaring satisfactory completion of the inspection and identifying the date by which a new inspection must occur, shall be posted at the school in a public location.

The school shall provide a copy of the certificate to the Secretary of Education after each annual inspection.

The school shall pay the actual cost of the inspection unless waived or reduced by the inspecting entity.

(d)(e) Council of Independent Schools.

A Council of Independent Schools is created consisting of 11 members, no fewer than three of whom shall be representatives of recognized independent schools.

The Secretary shall appoint nine members from within the independent schools’ community.

The Secretary shall appoint two members from the public-at-large.

Each member shall serve for two years and may be reappointed for up to an additional two terms.

The Council shall adopt rules for its own operation.

A chair shall be elected by and from among the members.

The duties of the Council shall include advising the Secretary on policies and procedures with respect to independent schools.

No hearing shall be initiated under this section before the State Board or by the Secretary until the recommendations of the Council have been sought and received.

The recommendations of the Council, including any minority reports, shall be admissible at the hearing.

[Repealed.] BILL AS PASSED BY THE HOUSE H.454 Page 37 of 415 (e)(f) Harassment, hazing, and bullying policies.

The board of trustees of an approved or a recognized independent school operating in Vermont shall adopt harassment, hazing, and bullying prevention policies;

establish procedures for dealing with harassment, hazing, and bullying of students;

and provide notice of these.

The provisions of chapter 9, subchapter 5 of this title for public schools shall apply to this subsection, except that the board shall follow its own procedures for adopting policy.

(f)(g) Tuition bills.

An approved independent school that accepts students for whom the district of residence pays tuition under chapter 21 of this title shall bill the sending district monthly for a State-placed student and shall not bill the sending district for any month in which the State-placed student was not enrolled.

[Repealed.] (g)(h) Tuition students;

assessments.

An approved independent school that accepts students for whom the district of residence pays tuition under chapter 21 of this title shall use the assessment or assessments required under subdivision 164(9) of this title to measure attainment of standards for student performance of those students.

In addition, the school shall provide data related to the assessment or assessments as required by the Secretary.

[Repealed.] Sec.

7.

AGENCY OF EDUCATION STUDY OF COOPERATIVE EDUCATION SERVICES AND THERAPEUTIC PROGRAMS, BILL AS PASSED BY THE HOUSE H.454 Page 38 of 415 STATEWIDE SALARY SCHEDULE;

REPORT The Agency of Education shall convene superintendents, directors of therapeutic independent schools, special education directors and other experts in the opinion of the Agency to study the need for cooperative education services and the oversight of therapeutic schools within the governance framework created by this Act.

The Agency shall submit a summary of its findings and recommended legislative language to the House Committee on Education and the Senate Committee on Education on or before December 15, 2025.

The Agency shall also submit recommendations for legislative language to implement a statewide salary schedule with its report.

Sec.

8.

16 V.S.A.

§ 241 is amended to read:

§ 241.

APPOINTMENT (a) Each supervisory union school district board, with the advice of the Secretary, may shall employ a superintendent of schools.

(b) A superintendent shall be employed by written contract for a term not to exceed five years nor less than one year and shall work the number of hours required by contract, performing the duties designated in the contract or assigned by the board.

A superintendent of schools may be dismissed for cause or as specified in the contract of employment.

(c) Not later than May 15 of a year in which an incumbent superintendent’s contract of employment expires, the supervisory union school district board BILL AS PASSED BY THE HOUSE H.454 Page 39 of 415 shall meet to renew or act otherwise upon the superintendent’s contract.

If a supervisory union employs a superintendent, the supervisory union board shall specify and assign the duties of a superintendent.

If the supervisory union board does not hire a superintendent, the board may assign any duties assigned to the superintendent under this title to the school principal or principals in the supervisory union or to other qualified persons designated by the board.

Sec.

9.

16 V.S.A.

§ 242 is amended to read:

§ 242.

DUTIES OF SUPERINTENDENTS The superintendent shall be the chief executive officer for the supervisory union board and for each school board within the supervisory union, and shall:

(1) Carry out the policies adopted by the school boards board relating to the educational or business affairs of the school district or supervisory union, and develop procedures to do so.

(2) Prepare, for adoption by a local the school board, plans to achieve the educational goals and objectives established by the school district.

(3)(A) Nominate a candidate for employment by the school district or supervisory union if the vacant position requires a licensed employee;

provided, if the appropriate board declines to hire a candidate, then the superintendent shall nominate a new candidate;

(B) select nonlicensed employees to be employed by the district or supervisory union;

and BILL AS PASSED BY THE HOUSE H.454 Page 40 of 415 (C) dismiss licensed and nonlicensed employees of a school district or the supervisory union as necessary, subject to all procedural and other protections provided by contract, collective bargaining agreement, or provision of State and federal law.

(4)(A) Provide data and information required by the Secretary and by using a format approved by the Secretary to:

(i) Report budgetary data for the subsequent school year and fiscal year.

(ii) Report all financial operations within the supervisory union district to the Secretary and State Board for the preceding school year on or before August 15 of each year.

(iii) Report all financial operations for each member the school district to the Secretary and State Board for the preceding school year on or before August 15 of each year.

(B) Prepare for each district an itemized report detailing the portion of the proposed supervisory union budget for which the district would be assessed for the subsequent school year identifying the component costs by category and explaining the method by which the district’s share for each cost was calculated;

and provide the report to each district at least 14 days before a budget, including the supervisory union assessment, is voted on by the electorate of the district.

[Repealed.] BILL AS PASSED BY THE HOUSE H.454 Page 41 of 415 (5) Work with the school boards of the member districts to develop and board to implement policies regarding minimum and optimal average class sizes for regular and career technical education classes consistent with section 165 of this title and rules adopted by the Agency.

The policies may be supervisory union-wide, may be course- or grade-specific, and may reflect differences among school districts due to geography or other factors.

(6) Arrange for the provision of the professional training required in subsection 561(b) of this title.

(7) Provide for the general supervision of the public schools in the supervisory union or district.

* * * School Governance * * * Sec.

10.

REPEAL 16 V.S.A.

chapter 7 (supervisory unions) is repealed on July 1, 2027.

Sec.

11.

NEW UNION SCHOOL DISTRICTS The Vermont school districts and supervisory unions then in effect shall be dissolved on July 1, 2027 and succeeded by five unified union school districts.

Not later than 30 days following the enactment of this section, the Secretary of Education shall certify the designation of the newly created school districts pursuant to section 713 of this title.

Sec.

12.

16 V.S.A.

§ 2 is added to read:

§ 2.

MEMBERSHIP OF FIVE UNIFIED UNION SCHOOL DISTRICTS BILL AS PASSED BY THE HOUSE H.454 Page 42 of 415 As of July 1, 2027:

(1) The member districts of the Barre SD, Central Vermont SU, Harwood UUSD, Lamoille North MUUSD, Lamoille South UUSD, Montpelier Roxbury School District, Orange Southwest SU, Orleans Southwest SU, Orleans Southwest SU, Washington Central School District, and White River Valley School District shall constitute the Winooski Valley UUSD.

(2) The member districts of the Bennington-Rutland SU, Greater Rutland County SU, Mill River UUSD, Rutland City SD, Rutland Northeast UUSD, Slate Valley UUSD, Southwest Vermont UUSD, and Southwest Tech Center shall constitute the Southwest Vermont UUSD.

(3) The member districts of Hartford SD, Mountain Views UUSD, River Valley Tech Center, Springfield SD, Two Rivers SD, Windham Central SU, Windham Northeast SU, Windham Southeast SU, Windham Southwest SU, and Windsor Southeast SU shall constitute the Southeast Vermont UUSD.

(4) The member districts of Caledonia Central SU, Essex North SU, Kingdom East UUSD, North Country SU, Orange East SU, Orleans Central UUSD, and St.

Johnsbury SD shall constitute the Northeast Vermont UUSD.

(5) The Addison Central SD, Addison Northwest SD, Burlington SD, Champlain Valley SD, Colchester SD, Essex Westford ECUUSD, Franklin Northeast SU, Franklin West SU, Grand Isle SU, Lincoln School District, BILL AS PASSED BY THE HOUSE H.454 Page 43 of 415 Maple Run SD, Milton SD, Franklin Northwest SU, Mount Mansfield SD, Patricia Hanaford Tech Center, South Burlington SD, and Winooski SD shall constitute the Champlain Valley UUSD.

Sec.

13.

16 V.S.A.

§ 563 is amended to read:

§ 563.

POWERS OF SCHOOL BOARDS;

FORM OF VOTE The school board of a school district, in addition to other duties and authority specifically assigned by law:

(1) Shall determine the educational policies of the school district.

Board policies shall be of general application to the district and shall be in writing, codified, and made available to the public.

Board policies shall be adopted at regular or special school board meetings.

A school board shall give public notice of its intent to adopt a board policy, stating the substance of the proposed policy, at least ten days prior to its adoption.

A school board may also approve or disapprove rules and regulations proposed by the principal or superintendent for the conduct and management of public schools in the district.

(2) May take any action that is required for the sound administration of the school district.

The Secretary, with the advice of the Attorney General, upon application of a school board, shall decide whether any action contemplated or taken by a school board under this subdivision is required for BILL AS PASSED BY THE HOUSE H.454 Page 44 of 415 the sound administration of the district and is proper under this subdivision.

The Secretary’s decision shall be final.

(3) Shall have the possession, care, control, and management of the property of the school district, subject to the authority vested in the electorate or any school district official.

(4) [Repealed.] (5) Shall keep the school buildings and grounds in good repair, suitably equipped, insured, and in safe and sanitary condition at all times.

The school board shall regulate or prohibit firearms or other dangerous or deadly weapons on school premises.

At a minimum, a school board shall adopt and implement a policy at least consistent with section 1166 of this title and 13 V.S.A.

§ 4004, relating to a student who brings a firearm to or possesses a firearm at school.

(6) Shall have discretion to furnish instruction to students who have completed a secondary education and to administer early educational programs.

(7) May relocate or discontinue use of a schoolhouse or facility, subject to the provisions of sections 821 and 822 of this title.

(8) Shall establish and maintain a system for receipt, deposit, disbursement, accounting, control, and reporting procedures that meets the criteria established by the State Board pursuant to subdivision 164(15) Agency pursuant to section 165(g) of this title and that ensures that all payments are BILL AS PASSED BY THE HOUSE H.454 Page 45 of 415 lawful and in accordance with a budget adopted or amended by the school board.

The school board may authorize a subcommittee, the superintendent of schools, or a designated employee of the school board to examine claims against the district for school expenses and draw orders for the payment of those claims.

Such orders shall state definitely the purpose for which they are drawn and shall serve as full authority to the treasurer to make such payments.

It shall be lawful for a school board to submit to its treasurer a certified copy of those portions of the board minutes, properly signed by the clerk and chair, or a majority of the board, showing to whom and for what purpose each payment is to be made by the treasurer, and such certified copy shall serve as full authority to the treasurer to make the payments as thus approved.

(9) Shall establish with the advice and consent of the Auditor of Accounts and the Secretary a system of accounts for the proper control and reporting of school district finances and for stating the annual financial condition of the school district.

(10) Shall prepare and distribute to the electorate, not less than ten days prior to the district’s annual meeting, a report of the conditions and needs of the district school system, including the superintendent’s, supervisory union treasurer’s, and school district treasurer’s annual report for the previous school year and the balance of any reserve funds established pursuant to 24 V.S.A.

§ 2804.

At a school district’s annual meeting, the electorate may vote to BILL AS PASSED BY THE HOUSE H.454 Page 46 of 415 provide notice of availability of the report required by this subdivision to the electorate in lieu of distributing the report.

If the electorate of the school district votes to provide notice of availability, it must specify how notice of availability shall be given, and such notice of availability shall be provided to the electorate at least 30 days before the district’s annual or special meeting.

[Repealed.] (11)(A) Shall prepare and distribute publish annually a proposed budget for the next school year according to such major categories as may from time to time be prescribed by the Secretary.

The board shall hold not fewer than two informational meetings at which the public can comment on the proposed budget.

(B) [Repealed.] (C) At a school district’s annual or special meeting, the electorate may vote to provide notice of availability of the school budget required by this subdivision to the electorate in lieu of distributing the budget.

If the electorate of the school district votes to provide notice of availability, it must specify how notice of availability shall be given, and such notice of availability shall be provided to the electorate at least 30 days before the district’s annual meeting.

The proposed budget shall be prepared and distributed at least ten days before a sum of money is voted on by the electorate.

Any proposed BILL AS PASSED BY THE HOUSE H.454 Page 47 of 415 budget shall show the following information in a format prescribed by the Secretary:

(i) all revenues from all sources, and expenses, including as separate items any assessment for a supervisory union of which it is a member and any tuition to be paid to a career technical center;

and including the report required in subdivision 242(4)(D) of this title itemizing the component costs of the supervisory union assessment;

(ii) the specific amount of any deficit incurred in the most recently closed fiscal year and how the deficit was or will be remedied;

(iii) the anticipated homestead tax rate and the percentage of household income used to determine income sensitivity in the district as a result of passage of the budget, including those portions of the tax rate attributable to supervisory union assessments;

and (iv) the definition of “education spending,” the number of pupils and number of equalized pupils in the school district, and the district’s education spending per equalized pupil in the proposed budget and in each of the prior three years.

[Repealed.] (D) The board shall present the budget to the voters by means of a ballot in the following form:

“Article #1 (School Budget):

BILL AS PASSED BY THE HOUSE H.454 Page 48 of 415 Shall the voters of the school district approve the school board to expend $ ______ , which is the amount the school board has determined to be necessary for the ensuing fiscal year? The ________ District estimates that this proposed budget, if approved, will result in per pupil education spending of $________, which is _____% higher/lower than per pupil education spending for the current year.” [Repealed.] (12) Shall employ such persons as may be required to carry out the work of the school district pursuant to the provisions of subdivision 242(3) of this title.

(13) [Repealed.] (14) Shall provide, at the expense of the district, subject to the approval of the superintendent, all text books, learning materials, equipment, and supplies.

(15) Shall exercise the general powers given to a legislative branch of a municipality.

(16) May execute contracts on behalf of the school district, including contracts providing for binding arbitration, by its chair or any person designated whose appointment is recorded in the minutes of the board.

(17)-(18) [Repealed.] BILL AS PASSED BY THE HOUSE H.454 Page 49 of 415 (19) Shall allow any high school student who meets the academic requirements of the high school to graduate and receive a diploma in less than four years.

(20) Shall establish policies and procedures designed to avoid the appearance of board member conflict of interest.

(21) Shall have the authority to engage in short-term borrowing to cover the costs of those portions of projects approved by the State Board and that will be reimbursed by the State Board under sections 3447–3456 of this title but which payments will be delayed.

However, the board shall borrow under this subdivision only amounts that it would receive if the State Board could fund its obligation and may borrow no earlier than the time it would have received the funds.

The State shall not pay for costs of borrowing funds under this subdivision.

(22) May apply for grants and may accept and expend grants or gifts.

The board shall include, in its annual report, a description of all grants or gifts accepted during the year and associated expenditures.

(23) May, at the expense of the district, present informational materials to the electorate on any matter to be voted.

However, such materials shall be limited to those that are reasonably designed to inform, educate, and explain to the electorate the board’s position on the matter.

BILL AS PASSED BY THE HOUSE H.454 Page 50 of 415 (24) Shall adopt a policy that, in accordance with rules adopted by the State Board of Education Agency of Education, will integrate home study students into its schools through enrollment in courses, participation in cocurricular and extracurricular activities, and use of facilities.

(25) Shall, if it is a school board of a school district that maintains a secondary school, upon request, award a high school diploma to any Vermont resident who served in the military in World War II, the Korean War, or during the Vietnam era, was honorably separated from active federal military service, and does not hold a high school diploma.

The State Board Agency of Education shall develop and make available an application form for veterans who wish to request a high school diploma.

(26) [Repealed.] (27) Annually, shall inform each secondary student and the student’s parents or guardians of the right to opt out of the federal requirement that student contact information be provided to military recruiters or institutions of higher education pursuant to 20 U.S.C.

§ 7908(a).

A school board shall enable the secondary student and the student’s parents or guardians to disallow provision of student contact information to either military recruiters or institutions of higher education, while allowing provision of information to the other.

For purposes of As used in this subdivision, “secondary student” means a student in grade 9, 10, 11, or 12.

BILL AS PASSED BY THE HOUSE H.454 Page 51 of 415 (28) Annually, shall inform students and their parents or guardians of their options for school choice under applicable laws or policy.

(29) Shall assign an employee to annually:

(A) inform parents of students with life-threatening allergies and life- threatening chronic illnesses of applicable provisions of Section 504 of the Rehabilitation Act of 1973 and other applicable federal statutes, State statutes, federal regulations, and State rules;

(B) inform appropriate school staff of their responsibilities;

and (C) provide necessary training to carry out these responsibilities.

(30) May make available school facilities and equipment for specified public purposes if such purposes appear, in the judgment of the board, to be in the best interests of the district and are an efficient, economical, and appropriate use of the facilities and equipment.

(31) Subject to the requirements of section 571 of this title, may enter into contracts with other school boards to provide joint programs, services, facilities, and professional or other staff.

(32) May enter into a contract or contracts with a school offering a distance learning program that is approved by one or more accrediting agencies recognized by the U.S.

Department of Education or is approved in Vermont pursuant to subdivision 166(b)(6) of this title.

BILL AS PASSED BY THE HOUSE H.454 Page 52 of 415 (33) Establish a district-wide curriculum.

The curriculum shall meet the requirements adopted by the Agency of Education under subdivision 165(a)(3)(B) of this title.

(34) Assist each school in the district to follow the curriculum as adopted under the requirements of the Agency of Education pursuant to subdivision 165(a)(3)(B) of this title.

(35) In accordance with criteria established by the Agency of Education establish and implement a plan for receiving and disbursing federal and State funds distributed by the Agency of Education, including funds awarded under P.L.

89-10, the Elementary and Secondary Education Act of 1965 as amended.

(36) Provide professional development programs or arrange for the provision of them, or both, for teachers, administrators, and staff within the district, which may include programs offered solely to one school or other component of the entire district to meet the specific needs or interests of that component;

a district has the discretion to provide financial assistance outside the negotiated agreements for teachers’ professional development activities.

(37) Provide special education services to resident students and compensatory and remedial services and provide or coordinate the provision of other educational services as directed by the Agency.

(38) Employ a person or persons qualified to provide financial and student data management services.

BILL AS PASSED BY THE HOUSE H.454 Page 53 of 415 (39) Provide the following services in a manner that promotes the efficient use of financial and human resources:

(A) manage a system to procure and distribute goods and operational services;

(B) manage construction projects;

(C) provide financial and student data management services, including grant writing and fundraising as requested;

(D) negotiate with teachers and administrators, pursuant to chapter 57 of this title, and with other school personnel, pursuant to 21 V.S.A.

chapter 22;

(E) provide transportation or arrange for the provision of transportation, or both, to schools within the district, consistent with rules adopted by the Agency of Education;

and (F) provide human resources management support.

(40) Adopt district-wide truancy policies consistent with the model protocols developed by the Secretary.

* * * Transition to New Districts * * * Sec.

14.

16 V.S.A.

chapter 11 is amended to read:

Chapter 11.

Union School Districts *** § 702.

DEFINITIONS BILL AS PASSED BY THE HOUSE H.454 Page 54 of 415 *** (3) “Forming districts” means all school districts, including union school districts, that are located within the geographical boundaries of a proposed or voter-approved union school district, or districts that are named by the General Assembly to be merged into a new union district on July 1, 2027, prior to the operational date of the union school district, which will potentially merge or have merged to form the new union school district.

*** (15) “New union district” shall refer to a school district created by the General Assembly that shall assume operations on July 1, 2027.

*** § 706.

PROPOSAL TO FORM STUDY COMMITTEE;

BUDGET AND MEMBERSHIP ATTENDANCE IN ACADEMIC YEAR 2027–2028 (a) Establishment of committee.

When the boards of two or more school districts vote to establish a study committee to study the advisability of forming a union school district or are petitioned to do so by at least five percent of voters in the school district, the boards shall meet with the superintendent or superintendents of each school district.

With the advice of the superintendent or superintendents, the boards shall establish a budget for the study committee’s work and shall determine the number of persons to serve on the study committee pursuant to subsection (b) of this section.

BILL AS PASSED BY THE HOUSE H.454 Page 55 of 415 (b) Budget and membership.

Each participating school district’s share of the established budget and membership on the study committee shall be the same as the proportion of the school district’s equalized pupils to the total equalized pupils of all school districts intending to participate formally in the study committee.