Act No. 58 (S.100). Education; technical corrections; bullying; harassment; energy improvements

This act makes miscellaneous technical amendments to education laws, including

· resolving conflicting language (Secs. 1, 3, 29, and 30)

· updating language concerning the age at which children must begin to attend school (Sec. 2), the way in which education statutes refer to individuals with disabilities (Secs. 4-6), and the identity of various departments within the agency of human services (Secs. 8-17)

· deleting archaic language (Secs. 3 and 31)

· amending the membership of the advisory council on special education and formally listing all accredited postsecondary schools chartered in the state, both of which are necessary to conform to federal law (Secs. 4 and 19)

· amending existing law to reflect that data submitted by schools are used to establish tax rates and that the education funding system does not involve block grants (Sec. 7)

· correcting an oversight in the transitional language included in Act 153 of 2010 for special education employees by including transportation employees as well (Sec. 18)

The act makes minor substantive amendments to the department of education's oversight of in-state postsecondary schools, amends the process by which out-of-state postsecondary schools gain authority to operate within the state, and updates the fees required for processing applications from in-state and out-of-state postsecondary schools (Secs. 19-21).

The act allows the department of education to funnel grants for school food programs through supervisory unions to the school districts and makes certain approved education programs that provide services to teen parents or to other enrolled students and that operate food programs for those students eligible to receive grants in connection with the provided food services (Sec. 22).

The act requires public and approved independent secondary schools to award credit for postsecondary classes successfully completed by a secondary student and states that it is the policy of the state to encourage increased access to dual enrollment and other expanded learning opportunities (Secs. 23-24).

The act permits the voters of a school district to give general authority to their school board to incur debt at any time in the subsequent five years to finance school building energy improvements, provided that the debt does not exceed $350,000.00 per building in any three-year period and is payable over a term that does not exceed 10 years, and the avoided costs exceed the principal and interest due (Sec. 32).

The act extends the date by which supervisory unions must perform certain duties on behalf of member districts to July 1, 2013 (Sec. 34).

The act amends the definitions of "harassment" and "bullying" in the educational context to include actions committed electronically and permits school administrators to discipline students for actions conducted outside normal school hours and off school grounds where the conduct can be shown to pose a clear and substantial interference with another student's right to access educational programs (Secs. 35-37).

The act requires the integration of the food processing sectors into programs offered by the state's regional career and technical centers (Sec. 38).

The act directs the department of education and others to develop and publish guidelines, forms, and other materials designed to educate school athletic coaches, youth athletes, and the athletes' parents regarding the risks of concussions and other head injuries; requires that athletes and their families receive informational materials annually before participation in school athletic activities; and prohibits school coaches from allowing an athlete who was removed or prohibited from participation due to symptoms of a concussion to resume participation until the athlete receives written permission from a licensed health care provider (Secs. 39-40).

Finally, the act requires several reports:

· The department of education, in consultation with the department of motor vehicles and other interested entities, shall explore options for restructuring the delivery of driver education to 15- to 20-year-old Vermonters and provide a detailed restructuring proposal by January 15, 2012 (Sec. 25)

· The department of education shall report by January 15, 2012 regarding the current and planned use of technology and Internet access in schools designed to increase educational opportunities for students (Sec. 26)

· The department of education and the department for children and families, in consultation other interested entities, shall explore ways to simplify the regulation of prekindergarten education programs offered by or through public schools and report proposals by January 1, 2012 (Sec. 28)

Multiple effective dates, beginning May 31, 2011