The Vermont Statutes Online

Title 16: Education

Chapter 021: Maintenance of Public Schools

• §§ 791-805. Repealed. 1969, No. 298 (Adj. Sess.), § 79.

• § 821. School district to maintain public elementary schools or pay tuition

  (a) Each school district shall maintain one or more approved schools within the district in which elementary education for its resident students in kindergarten through grade six is provided unless:

  (1) the electorate authorizes the school board to provide for the elementary education of the students by paying tuition in accordance with law to one or more public elementary schools in one or more school districts;

  (2) the school district is organized to provide only high school education for its students; or

  (3) the General Assembly provides otherwise.

  (b) [Repealed.]

  (c) Notwithstanding subsection (a) of this section, without previous authorization by the electorate, a school board in a district that operates an elementary school may pay tuition for elementary students who reside near a public elementary school in an adjacent district upon request of the student’s parent or guardian, if in the board’s judgment the student’s education can be more conveniently furnished there due to geographic considerations. Within 30 days of the board’s decision, a parent or guardian who is dissatisfied with the decision of the board under this subsection may request a determination by the Secretary, who shall have authority to direct the school board to pay all, some, or none of the student’s tuition and whose decision shall be final.

  (d) Notwithstanding subdivision (a)(1) of this section, the electorate of a school district that does not maintain an elementary school may grant general authority to the school board to pay tuition for an elementary student at an approved independent elementary school or an independent school meeting education quality standards pursuant to sections 823 and 828 of this chapter upon notice given by the student’s parent or legal guardian before April 15 for the next academic year. (Added 1969, No. 298 (Adj. Sess.), § 52; amended 1985, No. 71, § 4; 1987, No. 141 (Adj. Sess.); 1989, No. 271 (Adj. Sess.), §§ 1, 2; 1991, No. 24, § 11; 2009, No. 44, § 13, eff. May 21, 2009; 2011, No. 58, § 29, eff. May 31, 2011; 2011, No. 129 (Adj. Sess.), § 4, eff. May 11, 2012; 2013, No. 92 (Adj. Sess.), § 95, eff. Feb. 14, 2014; 2015, No. 23, § 21.)

• § 821a. Repealed. 1985, No. 71, § 5.

• § 822. School district to maintain public high schools or pay tuition

  (a) Each school district shall maintain one or more approved high schools in which high school education is provided for its resident students unless:

  (1) the electorate authorizes the school board to close an existing high school and to provide for the high school education of its students by paying tuition to a public high school, an approved independent high school, or an independent school meeting education quality standards, to be selected by the parents or guardians of the student, within or outside the State; or

  (2) the school district is organized to provide only elementary education for its students.

  (b) For purposes of this section, a school district that is organized to provide kindergarten through grade 12 and maintains a program of education for only the first eight years of compulsory school attendance shall be obligated to pay tuition for its resident students for at least four additional years.

  (c)(1) A school district may both maintain a high school and furnish high school education by paying tuition:

  (A) to a public school as in the judgment of the school board may best serve the interests of the students; or

  (B) to an approved independent school or an independent school meeting education quality standards if the school board judges that a student has unique educational needs that cannot be served within the district or at a nearby public school.

  (2) The judgment of the board shall be final in regard to the institution the students may attend at public cost. (Added 1969, No. 298 (Adj. Sess.), § 53; amended 1977, No. 33, § 2; 1989, No. 271 (Adj. Sess.), § 3; 1991, No. 24, § 2; 1997, No. 71 (Adj. Sess.), § 85, eff. March 11, 1998; 2009, No. 44, § 13, eff. May 21, 2009; 2013, No. 92 (Adj. Sess.), § 96, eff. Feb. 14, 2014; 2015, No. 23, § 22.)

• § 822a. Public high school choice

  (a) Definitions. In this section:

  (1) “High school” means a public school or that portion of a public school that offers grades 9 through 12 or some subset of those grades.

  (2) “Student” means a student’s parent or guardian if the student is a minor or under guardianship and means a student himself or herself if the student is not a minor.

  (b) Limits on transferring students. A sending high school board may limit the number of resident students who transfer to another high school under this section in each year; provided that in no case shall it limit the potential number of new transferring students to fewer than five percent of the resident students enrolled in the sending high school as of October 1 of the academic year in which the calculation is made or 10 students, whichever is fewer; and further provided that in no case shall the total number of transferring students in any year exceed 10 percent of all resident high school students or 40 students, whichever is fewer.

  (c) Capacity. On or before February 1 each year, the board of a high school district shall define and announce its capacity to accept students under this section. The Secretary shall develop, review, and update guidelines to assist high school district boards to define capacity limits. Guidelines may include limits based on the capacity of the program, class, grade, school building, measurable adverse financial impact, or other factors, but shall not be based on the need to provide special education services.

  (d) Lottery.

  (1) Subject to the provisions of subsection (f) of this section, if more than the allowable number of students wish to transfer to a school under this section, then the board of the receiving high school district shall devise a nondiscriminatory lottery system for determining which students may transfer.

  (2) Subject to the provisions of subsection (f) of this section, if more than the allowable number of students wish to transfer from a school under this section, then the board of the sending high school district shall devise a nondiscriminatory lottery system for determining which students may transfer; provided, however:

  (A) a board shall give preference to the transfer request of a student whose request to transfer from the school was denied in a prior year; and

  (B) a board that has established limits under subsection (b) of this section may choose to waive those limits in any year.

  (e) Application and notification.

  (1) A high school district shall accept applications for enrollment until March 1 of the school year preceding the school year for which the student is applying.

  (2) A high school district shall notify each student of acceptance or rejection of the application by April 1 of the school year preceding the school year for which the student is applying.

  (3) An accepted student shall notify both the sending and the receiving high schools of his or her decision to enroll or not to enroll in the receiving high school by April 15 of the school year preceding the school year for which the student has applied.

  (4) After sending notification of enrollment, a student may enroll in a school other than the receiving high school only if the student, the receiving high school, and the high school in which the student wishes to enroll agree. If the student becomes a resident of a different school district, the student may enroll in the high school maintained by the new district of residence.

  (5) If a student who is enrolled in a high school other than in the school district of residence notifies the school district of residence by July 15 of the intent to return to that school for the following school year, the student shall be permitted to return to the high school in the school district of residence without requiring agreement of the receiving district or the sending district.

  (f) Enrollment.

  (1) An enrolled nonresident student shall be permitted to remain enrolled in the receiving high school without renewed applications in subsequent years unless:

  (A) the student graduates;

  (B) the student is no longer a Vermont resident; or

  (C) the student is expelled from school in accordance with adopted school policy.

  (2) A career technical education (CTE) center serving the region in which a receiving high school district is located shall be the CTE center in which a nonresident student under this section is eligible to enroll. The nonresident student shall be eligible to use any transportation the district provides for resident students attending the CTE center.

  (g) Tuition and other costs.

  (1) Unless the sending and receiving schools agree to a different arrangement, no tuition or other cost shall be charged by the receiving district or paid by the sending district for a student transferring to a different high school under this section; provided, however, a sending high school district shall pay special education and career technical education costs for resident students pursuant to the provisions of this title.

  (2) A student transferring to a different high school under this section shall pay no tuition, fee, or other cost that is not also paid by students residing in the receiving district.

  (3) A district of residence shall include within its average daily membership any student who transfers to another high school under this section; a receiving school district shall not include any student who transfers to it under this section.

  (h) Special education. If a student who is eligible for and receiving special education services chooses to enroll in a high school other than in the high school district of residence, then the receiving high school shall carry out the individualized education program, including placement, developed by the sending high school district. If the receiving high school believes that a student not on an individualized education program may be eligible for special education services or that an existing individualized education program should be altered, it shall notify the sending high school district. When a sending high school district considers eligibility, development of an individualized education program, or changes to a program, it shall give notice of meetings to the receiving high school district and provide an opportunity for representatives of that district to attend the meetings and participate in making decisions.

  (i) Suspension and expulsion. A sending high school district is not required to provide services to a resident student during a period of suspension or expulsion imposed by another high school district.

  (j) Transportation. Jointly, the superintendent of each supervisory union shall establish and update a statewide clearinghouse providing information to students about transportation options among the high school districts.

  (k) Nonapplicability of other laws. The provisions of subsections 824(b) and (c) (amount of tuition), 825(b) and (c) (maximum tuition rate), and 826(a) (notice of tuition change) and section 836 (tuition overcharge and undercharge) of this chapter shall not apply to enrollment in a high school pursuant to this section.

  (l) Waiver. If a high school board determines that participation under this section would adversely affect students in its high school, then it may petition the Secretary for an exemption. The Secretary’s decision shall be final.

  (m) Report. Notwithstanding 2 V.S.A. § 20(d), the Secretary shall report annually in January to the Senate and House Committees on Education on the implementation of public high school choice as provided in this section, including a quantitative and qualitative evaluation of the program’s impact on the quality of educational services available to students and the expansion of educational opportunities. (Added 2011, No. 129 (Adj. Sess.), § 34; amended 2013, No. 56, § 4, eff. May 30, 2013; 2013, No. 92 (Adj. Sess.), § 97, eff. Feb. 14, 2014.)

• § 823. Elementary tuition

  (a) Tuition for elementary students shall be paid by the district in which the student is a resident. The district shall pay the full tuition charged its students attending a public elementary school. If a payment made to a public elementary school is three percent more or less than the calculated net cost per elementary pupil in the receiving school district for the year of attendance, the district shall be reimbursed, credited, or refunded pursuant to section 836 of this title. Notwithstanding the provisions of this subsection or of subsection 825(b) of this title, the boards of both the receiving and sending districts may enter into tuition agreements with terms differing from the provisions of those subsections, provided that the receiving district must offer identical terms to all sending districts, and further provided that the statutory provisions apply to any sending district that declines the offered terms.

  (b) Unless the electorate of a school district authorizes payment of a higher amount at an annual or special meeting warned for the purpose, the tuition paid to an approved independent elementary school or an independent school meeting education quality standards shall not exceed the least of:

  (1) the average announced tuition of Vermont union elementary schools for the year of attendance;

  (2) the tuition charged by the approved independent school for the year of attendance; or

  (3) the average per-pupil tuition the district pays for its other resident elementary students in the year in which the student is enrolled in the approved independent school. (Added 1969, No. 298 (Adj. Sess.), § 54; amended 1989, No. 271 (Adj. Sess.), § 4; 2003, No. 76 (Adj. Sess.), § 29, eff. Feb. 17, 2004; 2005, No. 54, § 7; 2007, No. 66, § 5; 2009, No. 44, § 13, eff. May 21, 2009; 2011, No. 58, § 30, eff. May 31, 2011; 2015, No. 23, § 23.)

• § 824. High school tuition

  (a) Tuition for high school students shall be paid by the school district in which the student is a resident.

  (b) Except as otherwise provided for technical students, the district shall pay the full tuition charged its students attending a public high school in Vermont or an adjoining state or a public or approved independent school in Vermont functioning as an approved area career technical center, or an independent school meeting education quality standards; provided:

  (1) If a payment made to a public high school or an independent school meeting education quality standards is three percent more or less than the calculated net cost per secondary pupil in the receiving school district or independent school for the year of attendance then the district or school shall be reimbursed, credited, or refunded pursuant to section 836 of this title.

  (2) Notwithstanding the provisions of this subsection or of subsection 825(b) of this title, the board of the receiving public school district, public or approved independent school functioning as an area career technical center, or independent school meeting education quality standards may enter into tuition agreements with the boards of sending districts that have terms differing from the provisions of those subsections, provided that the receiving district or school must offer identical terms to all sending districts, and further provided that the statutory provisions apply to any sending district that declines the offered terms.

  (c) The district shall pay an amount not to exceed the average announced tuition of Vermont union high schools for the year of attendance for its students enrolled in an approved independent school not functioning as a Vermont area career technical center, or any higher amount approved by the electorate at an annual or special meeting warned for that purpose. (Added 1969, No. 298 (Adj. Sess.), § 55; amended 1971, No. 52, § 5, eff. April 14, 1971; 1975, No. 27, § 1, eff. Jan. 1, 1976; 1983, No. 247 (Adj. Sess.), § 3; 1991, No. 24, § 3; 1991, No. 24, § 3; 1991, No. 204 (Adj. Sess.), § 7; 1995, No. 34, § 2; 1997, No. 60, § 8, eff. June 26, 1997; 1997, No. 71 (Adj. Sess.), § 86, eff. March 11, 1998; 1997, No. 138 (Adj. Sess.), § 21; 2001, No. 8, § 9; 2005, No. 54, § 8; 2007, No. 66, § 6; 2009, No. 44, § 13, eff. May 21, 2009; 2015, No. 23, § 24.)

• § 825. Maximum tuition rate; calculated net cost per pupil defined

  (a) Calculated net cost per pupil for purposes of this chapter shall be defined by the Secretary. Expenditures shall include those for equipment and school building construction, additions, or renovations. Expenditures excluded shall be:

  (1) transportation costs incurred by the receiving school district for its resident students;

  (2) transportation costs for which the receiving school district receives reimbursement;

  (3) that portion of the total cost that is provided by direct grants from State or federal sources for salaries or other specific expenses;

  (4) expenditures for maintenance, and payments of principal and interest for buildings used exclusively for boarding students if any;

  (5) expenditures for special education; and

  (6) tuition payments for career technical education.

  (b) In no case shall the tuition charged be such that the ratio of the total tuition received to the total cost of operation of the receiving school, or school district, exceeds the ratio of the number of tuition-paying students to the total number of students enrolled in the receiving school, or school district.

  (c) The Secretary shall investigate complaints by a school board regarding tuition and may, within the limits of funds appropriated for this specific purpose, contract for limited scope audits of the annual statistical reports submitted by school districts for the purpose of determining the accuracy of the allocation of revenues and expenditures to elementary and secondary tuition rates. (Added 1969, No. 298 (Adj. Sess.), § 56; amended 1987, No. 235 (Adj. Sess.), § 10; 1997, No. 138 (Adj. Sess.), § 23, eff. April 27, 1998; 2005, No. 54, § 9; 2013, No. 92 (Adj. Sess.), § 98, eff. Feb. 14, 2014; 2021, No. 20, § 58.)

• § 826. Notice of tuition rates; special education charges

  (a) A school board, or the board of trustees of an independent school meeting education quality standards, that proposes to increase tuition charges shall notify the school board of the school district from which its nonresident students come, and the Secretary, of the proposed increase on or before January 15 in any year; such increases shall not become effective without the notice and not until the following school year.

  (b) A school board or the board of trustees of an independent school meeting education quality standards may establish a separate tuition for one or more special education programs. No such tuition shall be established unless the State Board has by rule defined the program as of a type that may be funded by a separate tuition. Any such tuition shall be announced in accordance with the provisions of subsection (a) of this section. The amount of tuition shall reflect the net cost per pupil in the program. The announcement of tuition shall describe the special education services included or excluded from coverage. Tuition for part-time students shall be reduced proportionally.

  (c) Excess special education costs incurred by a supervisory union in providing special education services to a student beyond those covered by tuition may be charged to the student’s supervisory union for the district of residence. However, only actual costs or actual proportionate costs attributable to the student may be charged.

  (d) The State Board shall adopt rules relating to the types of special education programs that may establish tuition charges and relating to methods and times of calculating excess charges. (Added 1969, No. 298 (Adj. Sess.), § 57; amended 1987, No. 235 (Adj. Sess.), § 9; 1991, No. 24, § 12; 1995, No. 34, § 3; 2001, No. 8, § 10; 2009, No. 44, § 13, eff. May 21, 2009; 2013, No. 92 (Adj. Sess.), § 99, eff. Feb. 14, 2014; 2015, No. 23, § 25; 2017, No. 173 (Adj. Sess.), § 6, eff. May 25, 2018.)

• § 827. Designation of a public high school or an approved independent high school as the public high school of a school district

  (a) A school district not maintaining an approved public high school may vote on such terms or conditions as it deems appropriate, to designate three or fewer approved independent or public high schools as the public high school or schools of the district.

  (b) Except as otherwise provided in this section, if the board of trustees or the school board of a designated school votes to accept this designation, the school shall be regarded as a public school for tuition purposes under subsection 824(b) of this title, and the sending school district shall pay tuition only to that school, and to any other school designated under this section, until such time as the sending school district or the designated school votes to rescind the designation.

  (c) A parent or legal guardian who is dissatisfied with the instruction provided at a designated school or who cannot obtain for his or her child the kind of course or instruction desired there, or whose child can be better accommodated in an approved independent or public high school nearer his or her home during the next academic year, may request on or before April 15 that the school board pay tuition to another approved independent or public high school selected by the parent or guardian.

  (d) The school board may pay tuition to another approved high school as requested by the parent or legal guardian if in its judgment that will best serve the interests of the student. Its decision shall be final in regard to the institution the student may attend. If the board approves the parent’s request, the board shall pay tuition for the student in an amount not to exceed the least of:

  (1) The statewide average announced tuition of Vermont union high schools.

  (2) The per-pupil tuition the district pays to the designated school in the year in which the student is enrolled in the nondesignated school. If the district has designated more than one school pursuant to this section, then it shall be the lowest per-pupil tuition paid to a designated school.

  (3) The tuition charged by the approved nondesignated school in the year in which the student is enrolled.

  (e) Notwithstanding any other provision of law to the contrary:

  (1) the school districts of Pawlet, Rupert, and Wells may designate a public high school located in New York as the public high school of the district pursuant to the provisions of this section;

  (2) unless otherwise directed by an affirmative vote of the school district, when the Wells Board approves parental requests to pay tuition to a nondesignated approved independent or public school, the Board shall pay tuition in an amount not to exceed the base education amount as determined under section 4011 of this title for the fiscal year in which tuition is being paid; and

  (3) unless otherwise directed by an affirmative vote of the school district, when the Strafford Board approves a parental request to pay tuition to a nondesignated approved independent or public school, the Board shall pay tuition to the nondesignated school pursuant to section 824 of this title for the year in which the student is enrolled; provided, however, that it shall not pay tuition in an amount that exceeds the tuition paid to the designated school for the same academic year. (Added 1969, No. 298 (Adj. Sess.), § 58; amended 1989, No. 271 (Adj. Sess.), § 5; 1991, No. 24, § 4; 2009, No. 44, § 13, eff. May 21, 2009; 2009, No. 153 (Adj. Sess.), § 21a; 2011, No. 156 (Adj. Sess.), § 33, eff. May 16, 2012; 2015, No. 46, § 45.)

• [Section 828 effective until July 1, 2024; see also section 828 effective on July 1, 2024.]

  § 828. Tuition to approved schools; age; appeal [Effective until July 1, 2024]

  A school district shall not pay the tuition of a student except to a public school, an approved independent school, an independent school meeting education quality standards, a tutorial program approved by the State Board, an approved education program, or an independent school in another state or country approved under the laws of that state or country, nor shall payment of tuition on behalf of a person be denied on account of age. Unless otherwise provided, a person who is aggrieved by a decision of a school board relating to eligibility for tuition payments, the amount of tuition payable, or the school he or she may attend, may appeal to the State Board and its decision shall be final. (Added 1969, No. 298 (Adj. Sess.), § 59; amended 1989, No. 271 (Adj. Sess.), § 6; 1991, No. 24, § 11; 1995, No. 157 (Adj. Sess.), § 3; 2009, No. 44, § 13, eff. May 21, 2009; 2015, No. 23, § 26.)

• [Section 828 effective July 1, 2024; see also section 828 effective until July 1, 2024.]

  § 828. Tuition to approved schools; age; appeal [Effective July 1, 2024]

  A school district shall not pay the tuition of a student except to a public school, an approved independent school, an independent school meeting education quality standards, a tutorial program approved by the State Board, an approved education program, or an independent school in another state or country approved under the laws of that state or country, that complies with the reporting requirement under subsection 4010(c) of this title, nor shall payment of tuition on behalf of a person be denied on account of age. Unless otherwise provided, a person who is aggrieved by a decision of a school board relating to eligibility for tuition payments, the amount of tuition payable, or the school the person may attend, may appeal to the State Board and its decision shall be final. (Added 1969, No. 298 (Adj. Sess.), § 59; amended 1989, No. 271 (Adj. Sess.), § 6; 1991, No. 24, § 11; 1995, No. 157 (Adj. Sess.), § 3; 2009, No. 44, § 13, eff. May 21, 2009; 2015, No. 23, § 26; 2021, No. 127 (Adj. Sess.), § 21, eff. July 1, 2024.)

• § 829. Prekindergarten education

  (a) Definitions. As used in this section:

  (1) “Prekindergarten child” means a child who, as of the date established by the district of residence for kindergarten eligibility, is three or four years of age or is five years of age but is not yet enrolled in kindergarten.

  (2) “Prekindergarten education” means services designed to provide to prekindergarten children developmentally appropriate early development and learning experiences based on Vermont’s early learning standards.

  (3) “Prequalified private provider” means a private provider of prekindergarten education that is qualified pursuant to subsection (c) of this section.

  (b) Access to publicly funded prekindergarten education.

  (1) No fewer than ten hours per week of publicly funded prekindergarten education shall be available for 35 weeks annually to each prekindergarten child whom a parent or guardian wishes to enroll in an available, prequalified program operated by a public school or a private provider.

  (2) If a parent or guardian chooses to enroll a prekindergarten child in an available, prequalified program, then, pursuant to the parent or guardian’s choice, the school district of residence shall:

  (A) pay tuition pursuant to subsections (d) and (h) of this section upon the request of the parent or guardian to:

  (i) a prequalified private provider; or

  (ii) a public school located outside the district that operates a prekindergarten program that has been prequalified pursuant to subsection (c) of this section; or

  (B) enroll the child in the prekindergarten education program that it operates.

  (3) If requested by the parent or guardian of a prekindergarten child, the school district of residence shall pay tuition to a prequalified program operated by a private provider or a public school in another district even if the district of residence operates a prekindergarten education program.

  (4) If the supply of prequalified private and public providers is insufficient to meet the demand for publicly funded prekindergarten education in any region of the State, nothing in this section shall be construed to require a district to begin or expand a program to satisfy that demand; but rather, in collaboration with the Agencies of Education and of Human Services, the local Building Bright Futures Council shall meet with school districts and private providers in the region to develop a regional plan to expand capacity.

  (c) Prequalification. Pursuant to rules jointly developed and overseen by the Secretaries of Education and of Human Services and adopted by the State Board pursuant to 3 V.S.A. chapter 25, the Agencies jointly may determine that a private or public provider of prekindergarten education is qualified for purposes of this section and include the provider in a publicly accessible database of prequalified providers. At a minimum, the rules shall define the process by which a provider applies for and maintains prequalification status, shall identify the minimum quality standards for prequalification, and shall include the following requirements:

  (1) A program of prekindergarten education, whether provided by a school district or a private provider, shall have received:

  (A) National Association for the Education of Young Children (NAEYC) accreditation;

  (B) at least four stars in the Department for Children and Families’ STARS system; or

  (C) three stars in the STARS system if the provider has developed a plan, approved by the Commissioner for Children and Families and the Secretary of Education, to achieve four or more stars.

  (2) A licensed provider shall employ or contract for the services of at least one teacher who is licensed and endorsed in early childhood education or in early childhood special education under chapter 51 of this title.

  (3) A registered home provider that is not licensed and endorsed in early childhood education or early childhood special education shall receive regular, active supervision and training from a teacher who is licensed and endorsed in early childhood education or in early childhood special education under chapter 51 of this title.

  (d) Tuition, budgets, and average daily membership.

  (1) On behalf of a resident prekindergarten child, a district shall pay tuition for prekindergarten education for ten hours per week for 35 weeks annually to a prequalified private provider or to a public school outside the district that is prequalified pursuant to subsection (c) of this section; provided, however, that the district shall pay tuition for weeks that are within the district’s academic year. Tuition paid under this section shall be at a statewide rate, which may be adjusted regionally, that is established annually through a process jointly developed and implemented by the Agencies of Education and of Human Services. A district shall pay tuition upon:

  (A) receiving notice from the child’s parent or guardian that the child is or will be admitted to the prekindergarten education program operated by the prequalified private provider or the other district; and

  (B) concurrent enrollment of the prekindergarten child in the district of residence for purposes of budgeting and determining average daily membership.

  (2) In addition to any direct costs of operating a prekindergarten education program, a district of residence shall include anticipated tuition payments and any administrative, quality assurance, quality improvement, transition planning, or other prekindergarten-related costs in its annual budget presented to the voters.

  (3) Pursuant to subdivision 4001(1)(C) of this title, the district of residence may include within its average daily membership any prekindergarten child for whom it has provided prekindergarten education or on whose behalf it has paid tuition pursuant to this section.

  (4) A prequalified private provider may receive additional payment directly from the parent or guardian only for prekindergarten education in excess of the hours paid for by the district pursuant to this section or for child care services, or both. The provider is not bound by the statewide rate established in this subsection when determining the rates it will charge the parent or guardian.

  (e) Rules. The Secretary of Education and the Commissioner for Children and Families shall jointly develop and agree to rules and present them to the State Board for adoption under 3 V.S.A. chapter 25 as follows:

  (1) To permit private providers that are not prequalified pursuant to subsection (c) of this section to create new or continue existing partnerships with school districts through which the school district provides supports that enable the provider to fulfill the requirements of subdivision (c)(2) or (3), and through which the district may or may not make in-kind payments as a component of the statewide tuition established under this section.

  (2) To authorize a district to begin or expand a school-based prekindergarten education program only upon prior approval obtained through a process jointly overseen by the Secretaries of Education and of Human Services, which shall be based upon analysis of the number of prekindergarten children residing in the district and the availability of enrollment opportunities with prequalified private providers in the region. Where the data are not clear or there are other complex considerations, the Secretaries may choose to conduct a community needs assessment.

  (3) To require that the school district provides opportunities for effective parental participation in the prekindergarten education program.

  (4) To establish a process by which:

  (A) a parent or guardian notifies the district that the prekindergarten child is or will be admitted to a prekindergarten education program not operated by the district and concurrently enrolls the child in the district pursuant to subdivision (d)(1) of this section;

  (B) a district:

  (i) pays tuition pursuant to a schedule that does not inhibit the ability of a parent or guardian to enroll a prekindergarten child in a prekindergarten education program or the ability of a prequalified private provider to maintain financial stability; and

  (ii) enters into an agreement with any provider to which it will pay tuition regarding quality assurance, transition, and any other matters; and

  (C) a provider that has received tuition payments under this section on behalf of a prekindergarten child notifies a district that the child is no longer enrolled.

  (5) To establish a process to calculate an annual statewide tuition rate that is based upon the actual cost of delivering ten hours per week of prekindergarten education that meets all established quality standards and to allow for regional adjustments to the rate.

  (6) [Repealed.]

  (7) To require a district to include identifiable costs for prekindergarten programs and essential early education services in its annual budgets and reports to the community.

  (8) To require a district to report to the Agency of Education annual expenditures made in support of prekindergarten education, with distinct figures provided for expenditures made from the General Fund, from the Education Fund, and from all other sources, which shall be specified.

  (9) To provide an administrative process for:

  (A) a parent, guardian, or provider to challenge an action of a school district or the State when the complainant believes that the district or State is in violation of State statute or rules regarding prekindergarten education; and

  (B) a school district to challenge an action of a provider or the State when the district believes that the provider or the State is in violation of State statute or rules regarding prekindergarten education.

  (10) To establish a system by which the Agency of Education and Department for Children and Families shall jointly monitor and evaluate prekindergarten education programs to promote optimal results for children that support the relevant population-level outcomes set forth in 3 V.S.A. § 2311 and to collect data that will inform future decisions. The Agency and Department shall be required to report annually to the General Assembly in January. At a minimum, the system shall monitor and evaluate:

  (A) programmatic details, including the number of children served, the number of private and public programs operated, and the public financial investment made to ensure access to quality prekindergarten education;

  (B) the quality of public and private prekindergarten education programs and efforts to ensure continuous quality improvements through mentoring, training, technical assistance, and otherwise; and

  (C) the results for children, including school readiness and proficiency in numeracy and literacy.

  (11) To establish a process for documenting the progress of children enrolled in prekindergarten education programs and to require public and private providers to use the process to:

  (A) help individualize instruction and improve program practice; and

  (B) collect and report child progress data to the Secretary of Education on an annual basis.

  (f) Other provisions of law. Section 836 of this title shall not apply to this section.

  (g) Limitations. Nothing in this section shall be construed to permit or require payment of public funds to a private provider of prekindergarten education in violation of Chapter I, Article 3 of the Vermont Constitution or in violation of the Establishment Clause of the U.S. Constitution.

  (h) Geographic limitations.

  (1) Notwithstanding the requirement that a district pay tuition to any prequalified public or private provider in the State, a school board may choose to limit the geographic boundaries within which the district shall pay tuition by paying tuition solely to those prequalified providers in which parents and guardians choose to enroll resident prekindergarten children that are located within the district’s “prekindergarten region” as determined in subdivision (2) of this subsection.

  (2) For purposes of this subsection, upon application from the school board, a district’s prekindergarten region shall be determined jointly by the Agencies of Education and of Human Services in consultation with the school board, private providers of prekindergarten education, parents and guardians of prekindergarten children, and other interested parties pursuant to a process adopted by rule under subsection (e) of this section. A prekindergarten region:

  (A) shall not be smaller than the geographic boundaries of the school district;

  (B) shall be based in part upon the estimated number of prekindergarten children residing in the district and in surrounding districts, the availability of prequalified private and public providers of prekindergarten education, commuting patterns, and other region-specific criteria; and

  (C) shall be designed to support existing partnerships between the school district and private providers of prekindergarten education.

  (3) If a school board chooses to pay tuition to providers solely within its prekindergarten region, and if a resident prekindergarten child is unable to access publicly funded prekindergarten education within that region, then the child’s parent or guardian may request and in its discretion the district may pay tuition at the statewide rate for a prekindergarten education program operated by a prequalified provider located outside the prekindergarten region.

  (4) Except for the narrow exception permitting a school board to limit geographic boundaries under subdivision (1) of this subsection, all other provisions of this section and related rules shall continue to apply. (Added 2007, No. 62, § 3; amended 2007, No. 132 (Adj. Sess.), § 1; 2011, No. 129 (Adj. Sess.), § 9; 2013, No. 92 (Adj. Sess.), § 100, eff. Feb. 14, 2014; 2013, No. 166 (Adj. Sess.), § 1, eff. May 28, 2014; 2015, No. 11, § 13; 2017, No. 49, § 45, eff. May 23, 2017; 2021, No. 166 (Adj. Sess.), § 15, eff. July 1, 2023.)

• § 830. Repealed. 1989, No. 233 (Adj. Sess.), § 2.

• §§ 831, 832. Repealed. 1973, No. 191 (Adj. Sess.), § 2.

• § 833. Repealed. 1983, No. 247 (Adj. Sess.), § 4(3).

• § 834. Duty of care

  (a) Each school district and its employees owe its students a duty of ordinary care to prevent the students from being exposed to unreasonable risk, from which it is foreseeable that injury is likely to occur.

  (b) School districts and their employees do not owe their students a duty of immediate supervision at all times and under all circumstances. (Added 1983, No. 122 (Adj. Sess.).)

• § 835. Lemington, Bloomfield, Brunswick, Granby, Guildhall, and Maidstone; tuitioning of elementary students

  The Lemington, Bloomfield, Brunswick, Granby, Guildhall, and Maidstone school districts may provide for the elementary education of the students residing in their districts by paying tuition to public elementary schools in the State of New Hampshire. Notwithstanding the provisions of section 823 of this title, school districts affected by this section shall pay the full tuition charged by a public elementary school in New Hampshire. (Added 1993, No. 72; amended 2005, No. 182 (Adj. Sess.), § 4; 2007, No. 192 (Adj. Sess.), § 6.029.)

• § 836. Tuition overcharge or undercharge

  (a) Annually, on or before November 1, the Secretary shall inform each school board of a receiving public school, each board of trustees of a receiving approved independent school for which the Secretary has calculated a net cost per pupil, and each sending school district in Vermont of the calculated net cost per elementary or secondary pupil in the receiving schools. Each school board or board of trustees of a receiving school shall then determine whether it overcharged or undercharged any sending district for tuition charges and shall notify the district by December 15 of the same year of the amount due or the amount to be refunded or credited.

  (b) If the sending district has paid tuition charges in excess of three percent of the calculated net cost per elementary or secondary pupil and is not sending enough students to the receiving district to use the overcharge funds as credit against tuition, the receiving district shall refund the overcharge money by July 31; provided, however, that the refund shall be in the amount that exceeded a three-percent overcharge. Interest owed the sending district on overcharge monies shall begin to accrue on December 1, at the rate of one-half percent per month.

  (c) If the receiving district has undercharged tuition in an amount three percent or more than the calculated net cost per elementary or secondary pupil, the sending district shall pay the receiving district an amount equal to the amount of the undercharge that is between three percent and ten percent of the net cost per pupil. If payment is not made by July 31 of the year following the year in which the undercharge was determined, interest owed the receiving district on undercharge monies shall begin to accrue on August 1, at the rate of one percent per month. (Added 1995, No. 34, § 4; amended 1995, No. 129 (Adj. Sess.), § 1; 1997, No. 138 (Adj. Sess.), § 22; 2005, No. 54, § 10; 2013, No. 60, § 3; 2013, No. 92 (Adj. Sess.), § 102, eff. Feb. 14, 2014.)

• § 837. School facilities management; training and certification

  (a) The Secretary of Education, in consultation with facilities management industry and school operations experts, shall establish guidelines for the training and certification of each person designated as responsible for facilities management for a school district or supervisory union.

  (b) The superintendent for each school district or supervisory union shall designate a person with responsibility for facilities management for the school district or supervisory union. The designee for each school district or supervisory union shall receive training and certification pursuant to the guidelines established in subsection (a) of this section. (Added 2021, No. 72, § 5, eff. June 8, 2021.)

• § 838. Capital improvement plan

  (a) Each school district shall develop and maintain a five-year capital operations and improvement plan for the school district and supervisory union, which shall be updated annually.

  (b) The capital operations and improvement plan described in subsection (a) of this section shall be in a form developed and prescribed by the Secretary of Education after consultation with facilities management and school operations experts. (Added 2021, No. 72, § 6, eff. June 8, 2021.)