Act No. 44

(H.427)

Education; technical corrections; divided vote; tuition; choice; designated schools; state-placed students; veterinarian educational loan repayment; teen parent education; school completion rate; high school completion program; truancy -

This act makes miscellaneous amendments to education law. Among other things, this act:

· Simplifies the statutory divided vote ballot language and requires that the ballot include an explanation of the reasons the vote is divided. (Secs. 6-7)

· Permits the electorate of a school district to vote at a special meeting to provide notice of the availability of information (currently permitted only at annual meeting; municipalities may vote to do so at either). (Secs. 8-9)

· Restores the ability of joint contract schools to access consolidation funds until July 1, 2010. (Sec. 12)

· Permits a parent to request a final determination by the commissioner of education regarding payment of elementary school tuition when there is a geographical barrier to attending the district's school. (Sec. 13)

· Allows parents to notify (rather than request) the school board to pay tuition to an approved independent elementary school but limits the tuition paid by the district to the least of three amounts. (Sec. 13)

· Permits the electorate to authorize a district that does not maintain a public school to designate a public school as the high school for the district; continues to allow parents to request an alternative school but limits the tuition paid by the district to the least of three amounts. (Sec. 13)

· Amends the definition of state-placed student to provide greater educational continuity for the student. (Secs. 14-15)

· Excludes the following from the determination of whether a school budget must be presented by a divided vote:

Approved capital construction

Tuition

Planning for a small school merger

21st Century Fund after-school programs

Programs for at-risk youth

And excludes the following from the calculation of excess spending:

Approved capital construction

Planning for a small school merger (Sec. 20)

· Addresses the need for large animal veterinarians in the state by creating an educational loan repayment fund; charging a committee to develop a proposal for a loan repayment program; and providing interim authority to award private money that may be donated for this purpose through June 2010. (Secs. 21-23)

· Authorizes the commissioner of education to grant variances from school quality standards when the school district demonstrates the value of an alternative, innovative practice and the state board of education does not act on the district's request in a timely manner. It also requires the commissioner to inform other districts of these innovations. (Sec. 25)

· Provides that 21st Century Fund after-school programs that are overseen by the department of education do not also need to be registered with the department for children and families. (Sec. 26)

· Codifies existing session law relating to regional high school choice in Title 16 so that it is easier to locate. (Sec. 27)

· Retains the 20-day ADM census period (11th-30th days of school) that has been in place since 2007 by repealing a sunset that would have restored the former 40-day census period. (Sec. 30)

· Codifies definitions and protocols regarding pregnant and parenting students who wish to remain enrolled in school and attend teen parent education programs and removes the sunset placed on the funding mechanism for attendance. (Secs. 32-38)

· Clarifies the duties of education support systems and education support teams in public schools and emphasizes the identification of and assistance for students who need additional supports to be successful in school or to complete secondary school. (Secs. 40-41)

· Permits students to remain enrolled in secondary school when participating in the high school completion program. (Secs. 42-43)

· Requires the commissioner of education to:

By September 30, 2009, develop and publish comprehensive model protocols that address truancy on a statewide, countywide, and supervisory union-wide basis and that include involvement of both the state's attorneys and the court system. (Sec. 46)

By December 15, 2009, propose necessary legislative amendments related to truancy protocols. (Sec. 46)

By December 31, 2009, develop an accurate, uniform, reliable method to define and measure secondary school completion rates and set benchmarks for assessing school performance in reaching the goal of 100 percent completion by the year 2020. (Sec. 44)

By January 15, 2010, catalogue and evaluate flexible practices and programs used by Vermont schools to identify and assist students who need additional support to succeed in school. (Sec. 45)

By January 15, 2010, develop and publish guidelines to assist schools to provide flexible practices and programs. (Sec. 45)

By July 1, 2010, ensure that supervisory unions adopt policies consistent with the protocols. (Secs. 46-47)

Date Signed by the Governor: Governor did not sign the bill and allowed the bill to become law without his signature

Effective Date: On passage (May 21, 2009, the date on which the governor allowed the bill to become law without his signature)