The Vermont Statutes Online

Title 16: Education

Chapter 025: Attendance and Discipline

• Subchapter 001: General Provisions

• § 1071. School year and school day

  (a) Minimum number of days. Except as provided in this section, each public school shall be maintained and operated for:

  (1) At least 175 student attendance days in each school year. For purposes of this section, a majority of students enrolled in a school must be recorded on the school roll as in attendance on any day counted as a student attendance day.

  (2) At least five teacher in-service education days, during which time activities shall be conducted without students present in order to increase the competency of the staff, improve the curriculum of the school, enable teachers to attend State educational meetings, or disseminate student progress information to parents or the community.

  (b) Hours of operation. Within the minimum set by the State Board, the school board shall fix the number of hours that shall constitute a school day, subject to change upon the order of the State Board.

  (c) Unanticipated closings. When a public school is closed for cause beyond the control of the school board, it may petition the State Board for a waiver of the requirements of this section. The petition shall be filed with the State Board within 10 days of each occurrence and not later than June 15 of the school year involved; and the State Board shall act on the petition at its next meeting. If the petition is approved and a waiver granted, the school district shall be deemed to have satisfied the requirements of this section. If the State Board fails to act at that meeting, the petition shall be deemed to have been approved and the waiver granted.

  (d) [Repealed.]

  (e) Regional calendar. Before April 1 of each year, the superintendents of schools and the headmasters of public schools not managed by school boards in an area shall meet, and by majority vote, establish a uniform calendar within that area for the following school year. The calendar shall include student attendance days, periods of vacation, holidays, and teacher in-service education days and shall comply with subsection (a) of this section. Unless permitted by the Secretary, no area served by a regional career technical center shall be divided into two or more calendar regions.

  (f) Additional days. Nothing in this section prohibits a school from scheduling additional days for student attendance or teacher in-service education. However, those days shall not conflict with any applicable school calendar.

  (g) Upon application of one or more school districts, after approval by the voters of each such district, the State Board may grant a waiver of the requirements of subsection (a) of this section if it is satisfied that equivalent educational programming will be maintained or improved. The waiver may be granted for any purpose, including the conservation of energy. (Amended 1969, No. 298 (Adj. Sess.),§§ 7, 79; 1971, No. 17; 1979, No. 155 (Adj. Sess.); 1981, No. 47, § 1; 1983, No. 163 (Adj. Sess.); 1991, No. 204 (Adj. Sess.), § 7; 1995, No. 130 (Adj. Sess.), § 1; 1999, No. 49, § 22, eff. June 2, 1999; 2013, No. 92 (Adj. Sess.), § 113, eff. Feb. 14, 2014.)

• § 1072. Legal holidays

  All conditions of employment relating to legal holidays, including decisions such as the closing or opening of schools and compensation for work performed on a holiday, shall be proper matters for collective bargaining pursuant to chapter 57 of this title. (Amended 1975, No. 48, § 9, eff. April 15, 1975; 1985, No. 251 (Adj. Sess.), § 2; 2013, No. 92 (Adj. Sess.), § 114, eff. Feb. 14, 2014.)

• § 1073. “Legal pupil” defined; access to school

  (a) Definition. “Legal pupil” means an individual who has attained the age of five years on or before January 1 next following the beginning of the school year. However, a school district may require that students admitted to kindergarten have attained the age of five on or before any date between August 31 and January 1.

  (b) Access to school.

  (1) Right to a public education. No legal pupil attending school at public expense, including a married, pregnant, or parenting student, shall be deprived of or denied the opportunity to participate in or complete a public school education.

  (2) Right to enroll in a public or independent school. Notwithstanding the provisions of sections 822 and 1075 of this title, a pregnant or parenting student may enroll in any approved public school in Vermont or an adjacent state, any approved independent school in Vermont, or any other educational program approved by the State Board in which any other legal pupil in Vermont may enroll.

  (3) Teen parent education program.

  (A) Residential teen parent education programs. The Secretary shall pay the educational costs for a pregnant or parenting student attending a State Board-approved teen parent education program in a 24-hour residential facility for up to eight months after the birth of the child. The Secretary may approve extension of payment of educational costs based on a plan for reintegration of the student into the community or for exceptional circumstances as determined by the Secretary. The district of residence of a student in a 24-hour residential facility shall remain responsible for coordination of the student’s educational program and for planning and facilitating her subsequent educational program.

  (B) Nonresidential teen parent education programs.

  (i) The pregnant or parenting student’s district of residence or the approved independent or public school to which that district pays tuition for its students (the enrolling school) shall be responsible for planning, coordinating, and assessing the enrolled student’s education plan while attending a teen parent education program and for planning, assessing, and facilitating the student’s subsequent education plan, including the student’s transition back to the public or approved independent school. As determined by the district of residence or the enrolling school, as appropriate, the student’s educational plan while attending a teen parent education program shall include learning experiences that are the substantial equivalent of the learning experiences required by the district of residence or the enrolling school to obtain a high school diploma.

  (ii) A pregnant or parenting student may attend a nonresidential teen parent education program for a length of time to be determined by agreement of the student’s district of residence, the enrolling school, the teen parent education program, and the student.

  (iii) In the event of a dispute regarding any aspect of this subdivision (B), the district of residence, the enrolling school, the teen parent education program, or the student, or any combination of these, may request a determination from the Secretary whose decision shall be final; any determination by the Secretary regarding “substantial equivalency” pursuant to subdivision (i) of this subdivision (b)(3)(B) shall be based on the Secretary’s analysis of the course syllabus or the course description provided by the district of residence or enrolling school.

  (c) Prekindergarten and essential early education. An individual who is not a legal pupil may be enrolled in a public school in a prekindergarten program offered by or through a public school pursuant to rules adopted under section 829 of this title or in a program of essential early education offered pursuant to section 2956 of this title.

  (d) If one or both of a child’s parents or guardians are being relocated to the State under military orders, a school district shall allow registration of the student by mail, telephone, or electronically and shall not require the parent or legal guardian of the student or the student themselves to physically appear at a location within the district to register the student. Proof of required residency shall not be required at the time of the remote registration but shall be required within 10 days of the student’s attendance in the school district. (Amended 1971, No. 243 (Adj. Sess.), § 1; 1979, No. 124 (Adj. Sess.); 1983, No. 247 (Adj. Sess.), § 4(6); 1985, No. 71, § 6; 1991, No. 21, § 1; 1995, No. 157 (Adj. Sess.), § 4; 1997, No. 147 (Adj. Sess.), § 153a, eff. April 29, 1998; 2007, No. 62, § 5; 2009, No. 44, § 34, eff. May 21, 2009; 2013, No. 92 (Adj. Sess.), § 115, eff. Feb. 14, 2014; 2019, No. 131 (Adj. Sess.), § 72; 2021, No. 140 (Adj. Sess.), § 4, eff. May 27, 2022.)

• § 1074. Age of student; “between” defined

  The word “between,” as used in this title in respect to a specified age of a student, shall mean the period of time commencing on the birthday of the child when he or she becomes the age first specified and ending on the day next preceding the birthday of the child when he or she becomes the age last specified. (Amended 2013, No. 92 (Adj. Sess.), § 116, eff. Feb. 14, 2014.)

• § 1075. Legal residence defined; responsibility and payment of education of student

  (a) For the purpose of this title, except as otherwise set forth, the legal residence or residence of a student shall be as follows:

  (1) In the case of a minor, legal residence is where his or her parents reside, except that:

  (A) if the parents live apart, legal residence is where either parent resides, but if a parent with sole custody lives outside the State of Vermont, the student does not have a legal residence in Vermont;

  (B) if the minor is in the custody of a legal guardian appointed by a Vermont court or a court of competent jurisdiction in another state, territory, or country, legal residence is where the guardian resides.

  (2) In the case of a student who has reached the age of majority, legal residence is where the student resides.

  (3) For the purposes of this title, “resident” of the State and of a school district means a natural person who is domiciled in the school district and who, if temporarily absent, demonstrates an intent to maintain a principal dwelling place in the school district indefinitely and to return there, coupled with an act or acts consistent with that intent. The term “temporarily absent” includes those special cases listed in 17 V.S.A. § 2122(a). The term “residence” is synonymous with the term “domicile.” A married person may have a domicile independent of the domicile of his or her spouse. If a person removes to another town with the intention of remaining there indefinitely, that person shall be considered to have lost residence in the town in which the person originally resided even though the person intends to return at some future time. A person may have only one residence at a given time.

  (b) The Secretary shall determine the legal residence of all State-placed students pursuant to the provisions of this section. In all other cases, the student’s legal residence shall be determined by the school board of the district in which the student is seeking enrollment or, if the student is seeking payment of tuition, the school board from which the student is seeking tuition payment. If a student is denied enrollment at any stage, the student and his or her parent or guardian shall be notified in writing, within 24 hours, of the provisions of this section. If the student is not in attendance as a result of a preliminary decision by school officials and a decision from the school board will not be available by the end of the second school day after the request for enrollment is made, the Secretary may issue a temporary order requiring enrollment. Any interested person or taxpayer who is dissatisfied with the decision of the school board as to the student’s legal residence may appeal to the Secretary, who shall determine the student’s legal residence, and the decision of the Secretary shall be final. Pending appeal under this subsection, the Secretary shall issue a temporary order requiring enrollment.

  (c) State-placed students.

  (1) A State-placed student in the legal custody of the Commissioner for Children and Families, other than one placed in a 24-hour residential facility and except as otherwise provided in this subsection, shall be educated by the student’s school of origin, unless the student’s education team determines that it is not in the student’s best interests to attend the school of origin. The student’s education team shall include, as applicable, the student, the student’s parents and foster parents, the student’s guardian ad litem and educational surrogate parent, representatives of both the school of origin and potential new school, and a representative of the Family Services Division of the Department for Children and Families. In the case of a dispute about whether it is in the student’s best interests to attend the school of origin, the Commissioner for Children and Families shall make the final decision. As used in this section, “school of origin” means the school in which the child was enrolled at the time of placement into custody of the Commissioner for Children and Families, or in the case of a student already in the custody of the Commissioner for Children and Families, the school the student most recently attended.

  (2) If a student is a State-placed student pursuant to subdivision 11(a)(28)(D)(i)(I) of this title, then the Department for Children and Families shall be responsible for the student’s transportation to and from school, unless the receiving district chooses to provide transportation.

  (3) A State-placed student not in the legal custody of the Commissioner for Children and Families, other than one placed in a 24-hour residential facility and except as otherwise provided in this subsection, shall be educated by the school district in which the student is living, unless an alternative plan or facility for the education of the student is agreed upon by the Secretary. In the case of dispute as to where a State-placed student is living, the Secretary shall conduct a hearing to determine which school district is responsible for educating the student. The Secretary’s decision shall be final.

  (4) A student who is in temporary legal custody pursuant to 33 V.S.A. § 5308(b)(3) or (4) and is a State-placed student pursuant to subdivision 11(a)(28)(D)(i)(II) of this title shall be enrolled, at the temporary legal custodian’s discretion, in the district in which the student’s parents reside, the district in which either parent resides if the parents live in different districts, the district in which the student’s legal guardian resides, or the district in which the temporary legal custodian resides. If the student enrolls in the district in which the temporary legal custodian resides, the district shall provide transportation in the same manner and to the same extent it is provided to other students in the district. In all other cases, the temporary legal custodian is responsible for the student’s transportation to and from school, unless the receiving district chooses to provide transportation.

  (5) If a student who had been a State-placed student pursuant to subdivision 11(a)(28) of this title is returned to live in the district in which one or more of the student’s parents or legal guardians reside, then, at the request of the student’s parent or legal guardian, the Secretary may order the student to continue his or her enrollment for the remainder of the academic year in the district in which the student resided prior to returning to the parent’s or guardian’s district, and the student will continue to be funded as a State-placed student. Unless the receiving district chooses to provide transportation:

  (A) If the student remains in the legal custody of the Commissioner for Children and Families, then the Department for Children and Families shall assume responsibility for the student’s transportation to and from school.

  (B) In all other instances under this subdivision (4), the parent or legal guardian is responsible for the student’s transportation.

  (d) [Repealed.]

  (e) For the purposes of this title, the legal residence or residence of a child of homeless parents is the child’s school of origin, as defined in subdivision (c)(1) of this section, unless the parents and another school district agree that the child’s attendance in school in that school district will be in the best interests of the child. A “child of homeless parents” means a child whose parents:

  (1) lack a fixed, regular, and adequate residence; or

  (2) have a primary nighttime residence in a supervised publicly or privately operated shelter for temporary accommodations such as public assistance hotels, emergency shelters, battered women’s shelters, and transitional housing facilities, or a public or private place not designated for, or ordinarily used as, a regular sleeping accommodation for human beings.

  (f) For the purposes of this title, the legal residence of an alien, immigrant, or refugee child shall be determined in the same manner as in subsection (e) of this section, unless the child’s parents have established a residence in the State.

  (g) [Repealed.]

  (h) For the purposes of this title, the legal residence or residence of an independent student is where the independent student resides. “Independent student” as used in this subsection means a child between the ages of 14 and 18 years who by the acts and expressions of the child and his or her parents or legal guardian has demonstrated that he or she is living separate and apart from his or her parents or legal guardian, is independent of the authority of his or her parents or legal guardian, and is not economically dependent upon his or her parents or legal guardian. For the purposes of this subsection, the term “independent student” shall also include “emancipated minor” as that term is defined in 12 V.S.A. § 7151(a).

  (i) The Commissioner for Children and Families shall continue to provide social services and financial support in accordance with section 2950 of this title on behalf of individuals under his or her care and custody while in a residential placement, until they reach their 19th birthday.

  (j) A claim or statement of fact bearing on residency shall be subject to 13 V.S.A. § 3016.

  (k) [Repealed.] (Amended 1967, No. 147, § 25; 1973, No. 152 (Adj. Sess.), § 8, eff. April 14, 1974; 1975, No. 48, § 10, eff. April 15, 1975; 1977, No. 194 (Adj. Sess.), § 1; 1979, No. 6, § 1, eff. March 2, 1979; 1981, No. 153 (Adj. Sess.), § 2; 1985, No. 51; 1989, No. 187 (Adj. Sess.), § 5; 1989, No. 233 (Adj. Sess.), § 1; 1991, No. 21, §§ 2, 3; 1995, No. 145 (Adj. Sess.), § 3; 1995, No. 157 (Adj. Sess.), §§ 5, 30(a)(2), 30(c), and § 29 (eff. July 1, 1997); 1995, No. 174 (Adj. Sess.), § 3; 2003, No. 36, § 8; 2009, No. 44, § 15, eff. May 21, 2009; 2011, No. 58, § 10, eff. May 31, 2011; 2013, No. 92 (Adj. Sess.), § 117, eff. Feb. 14, 2014; 2017, No. 49, § 28; 2019, No. 131 (Adj. Sess.), § 73.)

• § 1076. Penalties

  (a) A superintendent or truant officer who fails to perform the duties imposed on him or her by this chapter shall be fined not more than $100.00.

  (b) A teacher who violates a provision of this chapter shall be fined not more than $25.00 nor less than $5.00. (Amended 1967, No. 147, § 26, eff. Oct. 1, 1968; 2013, No. 92 (Adj. Sess.), § 118, eff. Feb. 14, 2014.)

• §§ 1077-1092. [Reserved for future use.]

• Subchapter 002: Assignment of Pupils to Schools; Tuition

• §§ 1091, 1092. Repealed. 1983, No. 11.

• § 1093. Nonresident students

  A school board may receive into the schools under its charge nonresident students under such terms and restrictions as it deems best, and money received for the instruction of the students shall be paid into the school fund of the district. (Amended 2013, No. 92 (Adj. Sess.), § 120, eff. Feb. 14, 2014.)

• §§ 1094, 1095. Repealed 1969, No. 298 (Adj. Sess.), § 79.

• Subchapter 003: Compulsory Attendance

• § 1121. Attendance by children of school age required

  A person having the control of a child between the ages of six and 16 years shall cause the child to attend a public school, an approved or recognized independent school, an approved education program, or a home study program for the full number of days for which that school is held, unless the child:

  (1) is mentally or physically unable so to attend; or

  (2) has completed the tenth grade; or

  (3) is excused by the superintendent or a majority of the school directors as provided in this chapter; or

  (4) is enrolled in and attending a postsecondary school, as defined in subdivision 176(b)(1) of this title, which is approved or accredited in Vermont or another state. (Amended 1965, No. 46, § 1, eff. May 5, 1965; 1967, No. 55; 1981, No. 151 (Adj. Sess.), § 2; 1987, No. 97, § 2, eff. June 23, 1987; 1989, No. 44, § 5, eff. June 1, 1990; 1999, No. 113 (Adj. Sess.), § 3; 2009, No. 44, § 35, eff. May 21, 2009.)

• § 1122. Students over 16

  A person having the control of a child over 16 years of age who allows the child to become enrolled in a public school shall cause the child to attend the school continually for the full number of the school days of the term in which he or she is enrolled, unless the child is mentally or physically unable to continue or is excused in writing by the superintendent or a majority of the school directors. In case of such enrollment, the person and the teacher, child, superintendent, and school directors shall be under the laws and subject to the penalties relating to the attendance of children between the ages of six and 16 years. (Amended 1965, No. 46, § 2, eff. May 5, 1965; 2011, No. 58, § 2, eff. May 31, 2011.)

• § 1123. Attendance may be excused

  (a) The superintendent of a public school may excuse, in writing, any student from attending the school for a definite time, but for not more than ten consecutive school days and only for emergencies or for absence from town.

  (b) The superintendent of an elementary school held for more than 175 school days in a school year may excuse, in writing, a student of the school from attending more than 175 days.

  (c) [Repealed.] (Amended 2013, No. 56, § 9, eff. May 30, 2013.)

• § 1124. Repealed. 2013, No. 56, § 15(1), eff. May 30, 2013.

• § 1125. Truant officers

  (a) A school board shall annually appoint one or more truant officers and record their appointments with the clerk of the school district on or before July 3. State police, sheriffs, deputy sheriffs, constables, and police officers shall be truant officers ex officio.

  (b) Truant officers shall receive remuneration for time actually spent in performance of their duties and shall be allowed their necessary expenses incurred in connection therewith. (Added 1969, No. 298 (Adj. Sess.), § 73.)

• § 1125a. Repealed. 2013, No. 56, § 15(2), eff. May 30, 2013.

• § 1126. Failure to attend; notice

  When a student between the ages of six and 16 years, who is not excused or exempted from school attendance, fails to enter school at the beginning of the academic year or, being enrolled, fails to attend the school, and when a student who is at least 16 years of age becomes enrolled in a public school and fails to attend, the teacher or principal shall notify the truant officer and either the superintendent or the school board, unless the teacher or principal is satisfied that the student is absent on account of illness. (Amended 1965, No. 46, § 3, eff. May 5, 1965; 1975, No. 48, § 11, eff. April 15, 1975; 1999, No. 113 (Adj. Sess.), § 4; 2013, No. 92 (Adj. Sess.), § 121, eff. Feb. 14, 2014.)

• § 1127. Notice and complaint by truant officer; penalty

  (a) The truant officer, upon receiving the notice provided in section 1126 of this title, shall inquire into the cause of the nonattendance of the child. If he or she finds that the child is absent without cause, the truant officer shall give written notice to the person having the control of the child that the child is absent from school without cause and shall also notify that person to cause the child to attend school regularly thereafter.

  (b) When, after receiving notice, a person fails, without legal excuse, to cause a child to attend school as required by this chapter, he or she shall be fined not more than $1,000.00 pursuant to subsection (c) of this section.

  (c) The truant officer shall enter a complaint to the State’s Attorney of the county and shall provide a statement of the evidence upon which the complaint is based. The State’s Attorney shall prosecute the person. In the prosecution, the complaint, information, or indictment shall be deemed sufficient if it states that the respondent (naming the respondent) having the control of a child of school age (naming the child) neglects to send that child to a public school or an approved or recognized independent school or a home study program as required by law. (Amended 1981, No. 151 (Adj. Sess.), § 3; 1987, No. 97, § 6, eff. June 23, 1987; 1991, No. 24, § 11; 2013, No. 92 (Adj. Sess.), § 122, eff. Feb. 14, 2014; 2017, No. 93 (Adj. Sess.), § 15.)

• § 1128. Legal pupil taken to school; nonresident child living in district

  (a) A superintendent may and the truant officer shall stop a child between the ages of six and 16 years or a child 16 years of age or over and enrolled in public school, wherever found during school hours, and shall, unless such child is excused or exempted from school attendance, take the child to the school that she or he should attend.

  (b) A child of legal school age who is not exempt from school attendance and who has not finished the elementary school course and is living in a district other than the place of legal residence shall, with the school board’s approval, be admitted immediately to a school in the district where he or she is found. If the child is not admitted to school, then immediate action shall be taken by the truant officer to cause the return of the child to the district of his or her residence. (Amended 1965, No. 46, § 4, eff. May 5, 1965; 1999, No. 113 (Adj. Sess.), § 5.)

• § 1129. Jurisdiction of nonresidents

  The superintendent of a school in which a nonresident pupil is enrolled and a truant officer having jurisdiction of the pupils in such school shall have the same authority and jurisdiction over such nonresident pupil and the person having the control of such pupil as they have over resident pupils and the persons having control of such pupils.

• § 1130. Repealed. 1969, No. 298 (Adj. Sess.), § 79.

• Subchapter 004: Effective Discipline Measures

• § 1161. Repealed. 1983, No. 145 (Adj. Sess.), § 3.

• § 1161a. Discipline

  (a) Each public and each approved independent school shall adopt and implement a comprehensive plan for responding to student misbehavior. To the extent appropriate, the plan shall promote the positive development of youths. The plan shall include:

  (1) The school’s approach to classroom management and response to disruptive behavior, including the use of alternative educational settings.

  (2) The manner in which the school will provide information and training to students in methods of conflict resolution, peer mediation, and anger management.

  (3) Procedures for informing parents of the school’s discipline policies, for notifying parents of student misconduct, and for working with parents to improve student behavior.

  (4) The school’s response to significant disruptions, such as threats or use of bombs or weapons.

  (5) A description of how the school will ensure that all staff and contractors who routinely have unsupervised contact with students periodically receive training on the maintenance of a safe, orderly, civil, and positive learning environment. The training shall be appropriate to the role of the staff member being trained and shall teach classroom and behavior management, enforcement of the school’s discipline policies, and positive youth development models.

  (6) A description of behaviors on and off school grounds that constitute misconduct, including harassment, bullying, and hazing, particularly those behaviors that may be grounds for expulsion. The plan shall include a description of misconduct as listed in subdivisions 11(a)(26)(A)-(C) and (32) of this title that, although serious, does not rise to the level of harassment or bullying as those terms are defined in these subdivisions.

  (7) Standard due process procedures for suspension and expulsion of a student.

  (b) For the purpose of this chapter, “corporal punishment” means the intentional infliction of physical pain upon the body of a pupil as a disciplinary measure.

  (c) No person employed by or agent of a public or approved independent school shall inflict or cause to be inflicted corporal punishment upon a student attending the school or the institution. However, this section does not prohibit a person from using reasonable and necessary force:

  (1) to quell a disturbance;

  (2) to obtain possession of weapons or other dangerous objects upon the person of or within the control of a student;

  (3) for the purpose of self defense; or

  (4) for the protection of persons or property. (Added 1983, No. 145 (Adj. Sess.), § 1; amended 1995, No. 35, § 3; 1999, No. 113 (Adj. Sess.), § 6; 2003, No. 91 (Adj. Sess.), § 5; 2003, No. 117 (Adj. Sess.), § 2; 2013, No. 92 (Adj. Sess.), § 123, eff. Feb. 14, 2014; 2019, No. 131 (Adj. Sess.), § 74.)

• § 1162. Suspension or expulsion of students

  (a) A superintendent or principal may, pursuant to policies adopted by the school board that are consistent with State Board rules, suspend a student for up to 10 school days or, with the approval of the board of the school district, expel a student for up to the remainder of the school year or up to 90 school days, whichever is longer, for misconduct:

  (1) on school property, on a school bus, or at a school-sponsored activity when the misconduct makes the continued presence of the student harmful to the welfare of the school;

  (2) not on school property, on a school bus, or at a school-sponsored activity where direct harm to the welfare of the school can be demonstrated; or

  (3) not on school property, on a school bus, or at a school-sponsored activity where the misconduct can be shown to pose a clear and substantial interference with another student’s equal access to educational programs.

  (b) Nothing contained in this section shall prevent a superintendent or principal, subject to subsequent due process procedures, from removing immediately from a school a student who poses a continuing danger to persons or property or an ongoing threat of disrupting the academic process of the school, or from expelling a student who brings a weapon to school pursuant to section 1166 of this title.

  (c) Principals, superintendents, and school boards are authorized and encouraged to provide alternative education services or programs to students during any period of suspension or expulsion authorized under this section.

  (d) Notwithstanding anything to the contrary in this chapter, a student enrolled in a public school, approved independent school, or prequalified private prekindergarten program who is under eight years of age shall not be suspended or expelled from the school; provided, however, that the school may suspend or expel the student if the student poses an imminent threat of harm or danger to others in the school. (Amended 1977, No. 33, § 3; 1977, No. 130 (Adj. Sess.); 1995, No. 35, § 4; 1999, No. 113 (Adj. Sess.), § 7; 2001, No. 8, § 19; 2011, No. 58, § 37, eff. May 31, 2011; 2021, No. 35, § 6, eff. May 18, 2021; 2021, No. 166 (Adj. Sess.), § 3, eff. June 1, 2022.)

• § 1163. Transfer of suspension or expulsion to other schools

  (a) If a student transfers from one Vermont public or independent school to another, then upon application by the student and after a review of whether the school can provide the student with appropriate services, the new school may choose to continue a suspension or expulsion imposed by the original school.

  (b) During a period of suspension or expulsion imposed under section 1162 of this title, a student, or parent or guardian, shall not be subject to the provisions of subchapter 3 of this chapter regarding compulsory attendance at school, unless the conditions of the suspension or expulsion include participation in a program in the school or an alternative program outside the school. Further, nothing in this section shall prohibit a suspended or expelled student from applying to a different Vermont public or independent school during the period of suspension or expulsion and attending if accepted.

  (c) A school district that provides for the education of a suspended or expelled student by paying tuition to a public or approved independent school may, at the discretion of the school board, provide for the education of the student during the period of suspension or expulsion by paying tuition to another public or approved independent school. (Added 1999, No. 113 (Adj. Sess.), § 8; amended 2013, No. 92 (Adj. Sess.), § 124, eff. Feb. 14, 2014.)

• § 1164. Repealed. 1977, No. 33, § 6.

• § 1165. Alcohol and drug abuse

  (a) The State Board, in consultation with local school boards, the alcohol and drug division, the law enforcement authorities, and the juvenile court system shall formulate a general policy for the education, discipline, and referral for rehabilitation of students who are involved with alcohol or drug abuse on school property or at school functions.

  (b) The State Board shall adopt rules for all school districts that include standards consistent with due process of law for discipline, suspension, or dismissal of students and recommended procedures for education and for referral for treatment and rehabilitation.

  (c) Each school district shall adopt its own policy consistent with the State Board’s rules setting forth recommended procedures for education; referral for treatment, counseling, and rehabilitation; and standards consistent with due process of law for discipline, suspension, or dismissal of students in accordance with section 1162 of this title. Nothing in this section is intended to mandate local school districts to employ counselors for treatment or rehabilitation.

  (d) [Repealed.]

  (e) No municipality, school district, or officer or employee of the school district shall be liable for civil damages in connection with the implementation of the purposes of this section so long as they have acted in good faith and not knowingly in violation of the constitutional or civil rights of any person.

  (f), (g) [Repealed.] (Added 1979, No. 62, § 1, eff. April 27, 1979; amended 1983, No. 51, § 4, eff. April 22, 1983; 2003, No. 107 (Adj. Sess.), § 21; 2007, No. 154 (Adj. Sess.), § 6; 2013, No. 92 (Adj. Sess.), § 125, eff. Feb. 14, 2014.)

• § 1166. Possession of a firearm at school

  (a) In this section, the terms “to school” and “firearm” shall have the same meaning that the terms have in 18 U.S.C. § 921. The school board may expand the definitions, however, provided they remain consistent with federal law.

  (b) Each school board shall adopt and implement policies regarding a student who brings a firearm to or possesses a firearm at school, which at a minimum shall include:

  (1) A provision that any student who brings a firearm to or possesses a firearm at school shall be referred to a law enforcement agency. In addition to any other action the law enforcement agency may take, it may report the incident to the Department for Children and Families.

  (2) A provision that the superintendent or principal, with the approval of the school board following opportunity for a hearing, shall expel from the school for not less than one calendar year any student who brings a firearm to or possesses a firearm at school; provided, however, the school board may modify the expulsion on a case-by-case basis. Modifications may be granted in circumstances such as:

  (A) The student is unaware that he or she has brought a firearm to or possessed a firearm at school.

  (B) The student did not intend to use the firearm to threaten or endanger others.

  (C) The student has a disability and the misconduct is related to the student’s disability.

  (D) The student does not present an ongoing threat to others and a lengthy expulsion would not serve the best interests of the student.

  (c) Annually at a time and on a form determined by the Secretary, each superintendent shall provide the Secretary with a description of the circumstances surrounding expulsions imposed under this section, the number of students expelled, and the type of firearm involved. (Added 1995, No. 35, § 5; amended 2003, No. 36, § 9; 2011, No. 58, § 11, eff. May 31, 2011; 2013, No. 92 (Adj. Sess.), § 126, eff. Feb. 14, 2014; 2013, No. 96 (Adj. Sess.), § 77.)

• § 1167. School resource officer; memorandum of understanding

  (a) Neither the State Board nor the Agency shall regulate the use of restraint and seclusion on school property by a school resource officer certified pursuant to 20 V.S.A. § 2358.

  (b) School boards and law enforcement agencies are encouraged to enter into memoranda of understanding relating to:

  (1) the possession and use of weapons and devices by a school resource officer on school property; and

  (2) the nature and scope of assistance that a school resource officer will provide to the school system. (Added 2011, No. 101 (Adj. Sess.), § 1, eff. May 4, 2012; amended 2013, No. 92 (Adj. Sess.), § 127, eff. Feb. 14, 2014.)