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LAWS
& REGULATIONS
(Updated 3/12/13)
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Use the following links to view available information about:
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LEGISLATION
& REGULATIONS
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No
Child Left Behind Act (NCLBA)
Find important information about the No Child Left Behind Act of 2001 (NCLBA),
which introduces sweeping changes to the long-standing Elementary and Secondary Education
Act of 1965 (ESEA) and its periodic amendments. Information and resources about the
agency efforts to implement this far-reaching legislation can be accessed here,
including Vermont's NCLBA Consolidated State Application, field updates, announcements
of NCLBA grant opportunities and the list of approved providers of supplemental educational services. |
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Title 14, Chapter 111, §2645 - Appointment of a Guardian: Residency Guidance for Children of Deployed Parents in the Military PDF
This document provides guidance to parents who are being deployed and who wish to assign temporary guardianship, including education-related decision making, to someone other than the child’s other parent. The agency has collaborated with the Vermont National Guard’s legal staff to issue guidance on how parents and schools can support these students. In summary, an individual who is temporarily absent from the State of Vermont due to a military commitment does not lose his or her residency during this period. Therefore, the child of a deployed parent may continue to attend the public school in his or her deployed parent’s district. Alternatively, if the deployed parent is divorced or separated and the child’s other parent is a resident in a different district, the child may also attend the public school in that district. In some instances, a parent or parents may designate a relative or third party as the guardian of the child during the deployment. In this case, the Vermont Probate Court would need to issue an order to make this a formal designation. Use the link above for additional detail, court contact information, and links to the necessary court form. For links to additional deployment-related information, see Supporting Military Kids During Deployment. |
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Title 16
(Vermont Statutes Related to Education)
Vermont makes available two versions of the statutes online:
- Viewable Text Version OSL
The Vermont Statutes Online is an unofficial copy of the Vermont Statutes Annotated, provided as a convenience. It has NOT been edited for publication, and is not in any way official or authoritative.
- LexisNexis
Version OSL
The "official" version of the Vermont Statutes Annotated is online as Michie's Legal Resources, a division of LexisNexis Publishing. This site includes the Vermont Statutes, the Vermont Court Rules (click on the folder in the bookmarks column that says "Vermont"), and a sophisticated search capability.
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Act 44: An Act Relating to Making Miscellaneous Amendments to Education Law
Passed by the Vermont Legislature in 2009, Act 44 Section 39, includes requirements of Vermont schools and the agency; specifically, “it is a priority of the general assembly and the Agency of Education to take all necessary measures to increase the Vermont secondary school completion rate to 100 percent by the year 2020.” |
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Act 58 of 2011 (sections 39-41): Student Concussion Guidelines
Sections 39-41 of Act 58 (S.100) of 2011, which is codified in 16 V.S.A. § 1431, direct the Vermont Agency of Education (DOE) to develop guidelines to assist schools in taking reasonable steps to prevent, and to minimize the effects of, school athletic team-related concussions. In the creation of these guidelines, the DOE has consulted with the Vermont Department of Health (VDH), and with the Vermont Principals’ Association (VPA), and gratefully acknowledges their help. The law requires that K-12 schools educate their coaches, their youth athletes, and the youth athletes’ parents and guardians regarding the prevention and mitigation concussion-related injuries.
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Act
68 of 2003:
Education Finance
This act
amends the education funding system created by Act 60 of 1997 and has additional
educational policy provisions.
- Act 60: The Equal Educational Opportunity Act of 1997 (Archived Material)
Act 60 was drafted in response to a Vermont Supreme Court decision that said Vermont’s existing educational funding system was unconstitutional. The court, in Brigham v. State of Vermont, concluded that the state must provide “substantially equal access” to education for all Vermont students, regardless of where they reside. More archival information about Act 60
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Act
117: An Act Strengthen the Capacity of Vermont's Education System to Meet the Educational Needs of All Vermont Students
Passed by the Vermont Legislature in 2000, Act 117 is designed to increase the capacity
of the educational system to meet the needs of more students outside of special education,
while curbing the increase in special education costs. More about Act 117 |
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Act
129 of 2012: Public School Choice in Grades 9-12
The first public high school choice law, Act 150, was passed in 2000. It required each high school to join with at least one other school to form a choice region. Students were allowed to attend only schools within the region. In Act 129 of 2012, the legislature made school choice statewide by allowing students to apply to attend any other high school in the state, effective in School Year 2013 - 2014. Schools are allowed to limit the number of students who may transfer from a school, with a cap of 10 percent of resident students or 40, whichever is smaller; schools may set higher limits. Schools are also required to determine annually their capacity to receive students, using a variety of criteria, although there are is no numerical or percentage formula. If more students want to transfer out of − or into − a school than there are places available, nondiscriminatory lotteries are used. The law provides no funding for transportation, and, unless schools agree otherwise, no tuition or other charges changes hands. Act 129 of 2012 is included in Vermont’s Statutes, at Title 16, Section 822a. More about public high school choice and other school choice options. |
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Act 130: Funding of Union and Unified Union School Districts PDF
Act 130, the law designed to align union school district funding with Act 68, was signed into law May 24, 2004. Transitional provisions will take effect in fiscal year 2007, with full implementation in fiscal year 2008. This document provides an overview of the main purposes of the law, a list of the provisions that take effect on July 1, 2006, and a link to the full text of the law.
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Act 153 of 2010 (Re: Voluntary School District Merger, Virtual Merger and Supervisory Union Duties - Sections 1 - 8)(PDF)OSL
Use this link to view specific provisions of the legislation that address voluntary school district merger, virtual merger and supervisory union duties. A template has been created by the agency in order to assist districts that are interested in considering the creation of a Regional Education District (RED). A RED is a specialized type of union school district (USD), which affords its member districts certain incentives if they create a USD that has the characteristics of a RED. The template is provided in the following formats:
- Regional Education District (RED) Template PDF
- Regional Education District (RED) TemplateWORD
- Process for Receiving Consulting Services Reimbursement Grant Under Act 153 PDF
Sec. 4(e) of Act 153 0f 2010 provides reimbursement to districts for legal and consulting services necessary for the analysis and report incurred by the study committee established under 16 VSA § 706 related to voluntary school district mergers. To receive the reimbursement, view and follow the steps outlined in the revised document above. This document also contains clarification on eligibility for the consulting services reimbursement grant provided in Act 153. For information or questions, Vaughn Altemus at (802) 828- 0472 or vaughn.altemus@state.vt.us.
- NOTE: The agency has determined that the $20,000 reimbursement grant is only available to § 706 study committees exploring the formation of a RED. Any other § 706 study committees formed at this time are not eligible to receive these funds.
- From the Commissioner: Legislative Requirement - Required Supervisory Union Board Discussions of Possible Mergers; Survey
Act 153 requires the Agency of Education to collect and report on a number of activities and a significant level of feedback from supervisory unions and school districts. The agency will do its best to acquire necessary information while taking as little of your time as possible. At the same time, we want to give you every opportunity to let us know how the agency can be of assistance. Act 153 Sec. 2(b) states "…On or before December 1, 2010, the board of each supervisory union in the state shall discuss, and the board of every school district may discuss, whether it wishes to explore the merger of districts within the supervisory union or with one or more districts outside of the supervisory union, or both under the terms of this act." Section 8 requires the department to report on the status of merger discussions and votes. In order for the department to fulfill this legislative obligation, complete a brief survey by December 15 using the following link: http://www.surveymonkey.com/s/Act153. OSL
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State
Board of Education Manual of Rules and Practices
The rules that govern educational policy along with Title 16 of the Vermont statutes. |
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School Records and Records Retention Information PDF
The agency regularly receives calls from school districts and supervisory unions seeking guidance on what types of student records to keep, and for how long. The following is information and a few quick tips on the topic of school records and records retention. |
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LEGISLATIVE REPORTS
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As a result of each legislative session, the Vermont Agency of Education is charged with various reporting requirements. This page offers the final reports for the 2007-2009 legislative biennium as well as other required annual reports from previous legislative sessions. View available Legislative Reports. |
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LEGISLATIVE COMMITTEES
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On occasion, the Legislature may charge a group to examine an issue in more detail, requiring the creation of legislative committees, summer studies, etc. View any current requirements using the link below:
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LEGISLATIVE
SUMMARIES
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2012 Legislative Summary PDF |
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MODEL
POLICIES
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Model
Policies
Model policies provide guidance, direction and recommended standards to help school
administrators develop general school policy statements. At times, the agency
is specifically tasked by the Vermont State Board of Education or the Vermont Legislature
to create model policies that address specific issues related to students and schools.
Other recommended and/or mandatory policies are developed by the Vermont School Boards
Association, often in conjunction with agency staff. |
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NONDISCRIMINATION
POLICY
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The Vermont Agency of Education does not discriminate on the basis of race, color, national origin,
creed, marital status, sex, disability, age, gender identity or sexual orientation in its programs
or activities. The following person has been designated to handle inquiries regarding nondiscrimination policies* ONLY:
Barbara Crippen, Civil Rights Coordinator
Vermont Agency of Education
120 State Street, Montpelier, VT 05620-2501
(802) 828-5937 (P)
(802) 828-3140 (F)
barbara.crippen@state.vt.us
* NOTE: The phone number listed above is for nondiscrimination policy questions ONLY. For questions NOT related to nondiscrimination policies, use the agency's general phone numbers Web page. |
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