The Vermont Statutes Online

Title 16: Education

Chapter 001: Administration Generally

• Subchapter 001: General Provisions

• § 1. Right to equal educational opportunity

  The right to public education is integral to Vermont’s constitutional form of government and its guarantees of political and civil rights. Further, the right to education is fundamental for the success of Vermont’s children in a rapidly-changing society and global marketplace as well as for the State’s own economic and social prosperity. To keep Vermont’s democracy competitive and thriving, Vermont students must be afforded substantially equal access to a quality basic education. However, one of the strengths of Vermont’s education system lies in its rich diversity and the ability for each local school district to adapt its educational program to local needs and desires. Therefore, it is the policy of the State that all Vermont children will be afforded educational opportunities that are substantially equal although educational programs may vary from district to district. (Added 1997, No. 60, § 2, eff. June 26, 1997.)

• §§ 2-6. Repealed. 1969, No. 298 (Adj. Sess.), § 79.

• § 11. Classifications and definitions

  (a) As used in this title, unless the context otherwise clearly requires:

  (1) “Secretary” means the Secretary of Education.

  (2) “Electorate” means the qualified voters in a school district voting at a properly warned school district meeting.

  (3) “Elementary education” means a program of public school education adapted to the needs of students in prekindergarten, kindergarten, and the first six grades.

  (4) “Grades” means the division of the educational work of the public schools into 13 school year units beginning with kindergarten and thereafter numbered from one to 12 beginning with the lowest. The first six grades and kindergarten are the elementary grades. The last six grades are the high school grades. This classification is not a limitation of the character of work, the organization of school facilities, or the studies that may be carried on in either the elementary or the high schools.

  (5) “Secondary education or high school education” means a program of public school education of six years adapted to the needs of students who have completed their elementary education.

  (6) “Kindergarten” means an educational program for children of one year adapted to the needs of students who will attend first grade the following year.

  (7) “Public school” means an elementary school or secondary school operated by a school district. A public school may maintain evening or summer schools for its students and it shall be considered a public school.

  (8) “Independent school” means a school other than a public school, which provides a program of elementary or secondary education, or both. An “independent school meeting education quality standards” means an independent school in Vermont that undergoes the education quality standards process and meets the requirements of subsection 165(b) of this title.

  (9) “School board” means the board of school directors elected to manage the schools of a school district, the prudential committee of an incorporated school district, the supervisory union board of directors, and the supervisors of unorganized towns and gores.

  (10) “School district” means town school districts, union school districts, interstate school districts, city school districts, unified union districts, and incorporated school districts, each of which is governed by a publicly elected board.

  (11) “School district meeting” means a duly warned meeting of a school district at which questions are presented to the electorate.

  (12) “School year” means the year beginning July 1 and ending the next June 30.

  (13) “Superintendent” means the chief executive officer of a supervisory union and each school board within it.

  (14) “Agency of Education” means the Secretary and staff necessary to carry out the functions of the Agency.

  (15) “State Board” means the State Board of Education established by chapter 3 of this title.

  (16) [Repealed.]

  (17) “Adult education and literacy” means a program of public education adapted to the needs of persons who are beyond compulsory school age, and who have not completed high school education.

  (18) [Repealed.]

  (19) “Recognized independent school” for any school year means an independent school that meets the requirements for recognized independent schools in section 166 of this title and that is not a home study program.

  (20) “Approved independent school” means an independent school that is approved under section 166 of this title.

  (21) “Home study program” means an educational program offered through home study that provides a minimum course of study and that is offered to not more than:

  (A) children residing in that home; and

  (B) children not residing in that home who either are two or fewer in number or who are from one family.

  (22) [Repealed.]

  (23) “Supervisory union” means an administrative, planning, and educational service unit created by the State Board under section 261 of this title, that consists of two or more school districts; if the context clearly allows, the term also means a supervisory district.

  (24) “Supervisory district” means a supervisory union that consists of only one school district, which may be a unified union district.

  (25) “Remedial” and “compensatory” services mean educational services, not including special education services, for children who require additional assistance in order to benefit from general classroom instruction and include education services for children at risk of school failure.

  (26)(A) “Harassment” means an incident or incidents of verbal, written, visual, or physical conduct, including any incident conducted by electronic means, based on or motivated by a student’s or a student’s family member’s actual or perceived race, creed, color, national origin, marital status, sex, sexual orientation, gender identity, or disability that has the purpose or effect of objectively and substantially undermining and detracting from or interfering with a student’s educational performance or access to school resources or creating an objectively intimidating, hostile, or offensive environment.

  (B) “Harassment” includes conduct that violates subdivision (A) of this subdivision (26) and constitutes one or more of the following:

  (i) Sexual harassment, which means conduct that includes unwelcome sexual advances, requests for sexual favors and other verbal, written, visual, or physical conduct of a sexual nature when one or both of the following occur:

  (I) Submission to that conduct is made either explicitly or implicitly a term or condition of a student’s education.

  (II) Submission to or rejection of such conduct by a student is used as a component of the basis for decisions affecting that student.

  (ii) Racial harassment, which means conduct directed at the characteristics of a student’s or a student’s family member’s actual or perceived race or color, and includes the use of epithets, stereotypes, racial slurs, comments, insults, derogatory remarks, gestures, threats, graffiti, display, or circulation of written or visual material, and taunts on manner of speech and negative references to racial customs.

  (iii) Harassment of members of other protected categories, which means conduct directed at the characteristics of a student’s or a student’s family member’s actual or perceived creed, national origin, marital status, sex, sexual orientation, gender identity, or disability and includes the use of epithets, stereotypes, slurs, comments, insults, derogatory remarks, gestures, threats, graffiti, display, or circulation of written or visual material, taunts on manner of speech, and negative references to customs related to any of these protected categories.

  (27) “Tutorial program” means education provided to a student who is placed in a short-term program for evaluation and treatment purposes.

  (28) “State-placed student” means:

  (A) a Vermont student who has been placed in a school district other than the district of residence of the student’s parent, parents, or guardian or in an approved residential facility by a Vermont State agency, a Vermont licensed child placement agency, a designated community mental health agency, any other agency as defined by the Secretary, or by a court of competent jurisdiction in another state, territory, or country; or

  (B) a Vermont student who:

  (i) is 18 years of age or older;

  (ii) is living in a community residence as a result of placement by a Vermont State agency, a Vermont licensed child placement agency, a designated community mental health agency, or by a court of competent jurisdiction in another state, territory, or country, and whose residential costs are paid for in whole or in part by one of these agencies; and

  (iii) resides in a school district other than the district of the student’s parent or parents; or

  (C) [Repealed.]

  (D) a Vermont student who:

  (i) is in either:

  (I) the legal custody of the Commissioner for Children and Families; or

  (II) the temporary legal custody of an individual pursuant to 33 V.S.A. § 5308(b)(3) or (4), until a disposition order has been entered pursuant to section 5318 of that title; and

  (ii) is determined by the Secretary of Education to be in particular need of educational continuity by attending a school in a district other than the student’s current district of residence;

  (E) but does not mean a student placed within a correctional facility or in the Woodside Juvenile Rehabilitation Center.

  (29) [Repealed.]

  (30)(A) “Hazing” means any act committed by a person, whether individually or in concert with others, against a student in connection with pledging, being initiated into, affiliating with, holding office in, or maintaining membership in any organization that is affiliated with an educational institution; and that is intended to have the effect of, or should reasonably be expected to have the effect of, humiliating, intimidating, or demeaning the student or endangering the mental or physical health of a student. Hazing also includes soliciting, directing, aiding, or otherwise participating actively or passively in these acts. Hazing may occur on or off the campus of an educational institution. Hazing shall not include any activity or conduct that furthers legitimate curricular, extracurricular, or military training program goals, provided that:

  (i) the goals are approved by the educational institution; and

  (ii) the activity or conduct furthers the goals in a manner that is appropriate, contemplated by the educational institution, and normal and customary for similar programs at other educational institutions.

  (B) The definitions of “educational institution,” “organization,” “pledging,” and “student” shall be the same as those in section 570i of this title.

  (31) “Early childhood education,” “early education,” or “prekindergarten education” means services designed to provide developmentally appropriate early development and learning experiences based on Vermont’s early learning standards to children who are three to four years of age and to five-year-old children who are not eligible for or enrolled in kindergarten.

  (32) “Bullying” means any overt act or combination of acts, including an act conducted by electronic means, directed against a student by another student or group of students and that:

  (A) is repeated over time;

  (B) is intended to ridicule, humiliate, or intimidate the student; and

  (C)(i) occurs during the school day on school property, on a school bus, or at a school-sponsored activity, or before or after the school day on a school bus or at a school-sponsored activity; or

  (ii) does not occur during the school day on school property, on a school bus, or at a school-sponsored activity and can be shown to pose a clear and substantial interference with another student’s right to access educational programs.

  (33)(A) “Pregnant or parenting pupil” means a legal pupil of any age who is not a high school graduate and who:

  (i) is pregnant; or

  (ii) has given birth, has placed a child for adoption, or has experienced a miscarriage, if any of these has occurred within one year before the public or approved independent school or the approved education program receives a request for enrollment or attendance; or

  (iii) is the parent of a child.

  (B) “Pregnant or parenting pupil” does not include a person whose parental rights have been terminated, except if the person has placed the child for adoption or has voluntarily relinquished parental rights, within one year before the public or approved independent school or the approved education program receives a request for enrollment or attendance.

  (34) “Approved education program” means a program that is evaluated and approved by the State Board pursuant to written standards, that is neither an approved independent school nor a public school, and that provides educational services to one or more students in collaboration with the student’s or students’ school district of residence. An “approved education program” includes an “approved teen parent education program.”

  (35) “Teen parent education program” means a program designed to provide educational and other services to pregnant pupils or parenting pupils, or both.

  (b) Each school district shall be known by the name of the municipality in which it lies, or in the case of union, incorporated, and interstate school districts, by a number and by a name given the district by its school board and approved by the Secretary. (Added 1969, No. 298 (Adj. Sess.), § 10; amended 1975, No. 48, § 1, eff. April 15, 1975; 1975, No. 147 (Adj. Sess.), § 2; 1981, No. 151 (Adj. Sess.), § 1; 1981, No. 170 (Adj. Sess.), § 10a, eff. April 19, 1982; 1983, No. 248 (Adj. Sess.), § 1; 1985, No. 71, § 2; 1987, No. 68, § 2; 1987, No. 97, § 1, eff. June 23, 1987; 1987, No. 228 (Adj. Sess.), §§ 1, 2; 1989, No. 44, § 2, eff. June 1, 1990; 1989, No. 230 (Adj. Sess.), § 5; 1991, No. 24, § 1; 1993, No. 162 (Adj. Sess.), § 2; 1995, No. 157 (Adj. Sess.), § 1; 1997, No. 71 (Adj. Sess.), § 107, eff. March 11, 1998; 1999, No. 120 (Adj. Sess.), § 2; 2001, No. 8, § 1; 2003, No. 66, § 188a; 2003, No. 68, § 25, eff. June 18, 2003; 2003, No. 91 (Adj. Sess.), § 2; 2003, No. 117 (Adj. Sess.), § 1; 2007, No. 41, § 17; 2007, No. 62, § 2; 2007, No. 66, § 1; 2009, No. 44, §§ 1, 14, 29, 32, 33, eff. May 21, 2009; 2011, No. 58, §§ 35, 36, eff. May 31, 2011; 2011, No. 129 (Adj. Sess.), § 32; 2013, No. 92 (Adj. Sess.), § 1, eff. Feb. 14, 2014; 2013, No. 179 (Adj. Sess.), § E.500.6; 2015, No. 23, §§ 17, 31; 2015, No. 48, § 1.)

• § 12. Oath

  A superintendent; a principal or teacher in a public school of the State; a professor, instructor, or teacher who will be employed by a university or college in the State that is supported in whole or in part by public funds; or a headmaster or teacher who will be employed by an independent school or other educational institution accepted by the Agency as furnishing equivalent education, before entering upon the discharge of his or her duties, shall subscribe to an oath or affirmation to support the U.S. Constitution, the Vermont Constitution, and all State and federal laws; provided, however, that an oath shall not be required of any person who is a citizen of a foreign country. (Added 1969, No. 298 (Adj. Sess.), § 11; amended 1991, No. 24, § 11; 2013, No. 92 (Adj. Sess.), § 2, eff. Feb. 14, 2014.)

• § 13. Gifted and talented children

  (a) “Gifted and talented children” means children identified by professionally qualified persons who, when compared to others of their age, experience, or environment, exhibit capability of high performance in intellectual, creative, or artistic areas, possess an unusual capacity for leadership, or excel in specific academic fields.

  (b) It is the intent of the General Assembly that those who provide educational services to children be encouraged to apply for any available funding that will help to provide teacher training and other services for the benefit of gifted and talented children.

  (c) Nothing in this section shall create an additional entitlement to educational or other services. (Added 1995, No. 139 (Adj. Sess.), § 1.)

• § 14. Redesignated. 2013, No. 92 (Adj. Sess.), § 74, eff. February 14, 2014.

• § 15. Repealed. 2009, No. 135 (Adj. Sess.), § 26(6)(A).

• Subchapter 002: Federal Funds

• § 41. Authority of Agency to use federal funds to aid education

  (a) The Agency of Education is designated as the sole state agency to establish and administer any statewide plan required as a condition for receipt of federal funds made available to the State for any educational purposes, including career technical education and adult education and literacy. The Agency shall also be the agency to accept and administer federal funds that require administration by a state education agency having jurisdiction of elementary and secondary education.

  (b) Subject to the approval of the Governor, the Agency may accept and use federal funds. It may establish criteria and procedures to conform with any requirements established for the use of the funds and may take such other action as may be required to comply with any condition for receipt of federal aid. (Added 1969, No. 298 (Adj. Sess.), § 19; amended 1975, No. 147 (Adj. Sess.), § 1; 1983, No. 247 (Adj. Sess.), § 2; 1991, No. 204 (Adj. Sess.), § 7; 2009, No. 44, § 29, eff. May 21, 2009; 2013, No. 92 (Adj. Sess.), §§ 17, 302, eff. Feb. 14, 2014.)

• § 42. Acceptance, distribution, and accounting of federal funds

  (a) The State Treasurer, acting upon the order of the Secretary, shall accept, distribute, and account for federal funds available for use by the Agency. Funds shall be distributed and accounted for by the State Treasurer in accordance with the laws of Vermont, but if there is a conflict between those laws and the laws or regulations of the United States, then federal law shall apply. The Secretary shall prepare and submit federally required statements of funds received and disbursed. The Secretary shall cause an audit to be made of the federal funds and shall submit a copy of the audit as required by federal law. The audit shall be supported by any reports from the supervisory union, local school districts, or other recipients of federal funds as may be required by the Secretary or the federal government.

  (b) The State Treasurer may directly deposit checks payable to a supervisory union or any school district within it or may deliver checks to the superintendent of the supervisory union. (Added 1969, No. 298 (Adj. Sess.), § 20; amended 1987, No. 228 (Adj. Sess.), § 8; 2013, No. 92 (Adj. Sess.), § 18, eff. Feb. 14, 2014.)

• § 43. Federal education aid funds; administration; local education agency

  (a) The Agency, as sole state agency, may administer federal funds made available to the State under the Elementary and Secondary Education Act of 1965, Public L. No. 89-10, as amended, and the No Child Left Behind Act of 2001, Public L. No. 107-110. Those funds may be accepted and shall be distributed and accounted for by the State Treasurer in accordance with that law and rules and regulations of the United States issued under it if there is conflict between that law or those rules and regulations and the laws of this State.

  (b) For purposes of distribution of funds under this section, a supervisory union shall be a local education agency as that term is defined in 20 U.S.C. § 7801(26).

  (c) For purposes of determining student performance and application of consequences for failure to meet standards and for provision of compensatory and remedial services pursuant to 20 U.S.C. §§ 6311-6318, a supervisory union shall be a local education agency. (Added 1965, No. 190, eff. June 30, 1965; amended 2003, No. 64, § 1; 2003, No. 114 (Adj. Sess.), § 1; 2013, No. 92 (Adj. Sess.), § 19, eff. Feb. 14, 2014; 2015, No. 46, § 42, eff. July 1, 2016.)

• § 44. Federal funds; school food programs

  The Agency is authorized to accept and use federal funds made available to the State for school food programs under the National School Lunch Act, the Child Nutrition Act, and any amendments to those laws. (Added 1969, No. 298 (Adj. Sess.), § 23; amended 2013, No. 92 (Adj. Sess.), § 21, eff. Feb. 14, 2014.)

• Subchapter 002A: Alcohol and Drug Abuse Education

• §§ 51-55. Repealed. 1977, No. 131 (Adj. Sess.), § 2, eff. March 3, 1978.

• Subchapter 003: Arts and Crafts Advisory Council

• §§ 81-85. Repealed. 1977, No. 247 (Adj. Sess.), § 195.

• Subchapter 004: Teacher Education Advisory Council

• §§ 101-106. Repealed. 1961, No. 247, § 4.

• Subchapter 005: Council on the Arts

• § 111. Purpose of Council

  In order to increase the opportunities for Vermonters and visitors to Vermont to view, enjoy, and participate in the visual and performing arts, a group of people devoted to the practices of architecture, painting, sculpture, photography, music, dance, drama, crafts, literature, and other related arts have formed the Vermont Council on the Arts, Inc. (Council). The Council is a nonprofit organization formed for the purpose of coordinating and encouraging schools, organizations, and individuals in their several artistic and cultural activities. (Added 1965, No. 170, § 1, eff. June 30, 1965; amended 2019, No. 131 (Adj. Sess.), § 49.)

• § 112. Designation as state agency

  The Council is designated as the state agency to formulate and apply for grants-in-aid to the State under the National Arts and Cultural Development Act of 1964, as amended. (Added 1965, No. 170, § 2, eff. June 30, 1965; amended 2019, No. 131 (Adj. Sess.), § 50.)

• § 113. Repealed. 2011, No. 139 (Adj. Sess.), § 51(f)(1), eff. May 14, 2012.

• § 114. Revolving loan fund

  There is established for the Council on the Arts a revolving loan fund of $3,000.00 to enable needy persons and groups to purchase supplies useful in their art or craft. Funds may be loaned under terms and conditions of repayment as the Council directs, and the Council may adjust or forgive any amount owed to the fund. The Council shall repay all amounts so adjusted or forgiven from its general appropriation. (Added 1979, No. 74, § 347.)

• Subchapter 006: Vermont French Cultural Commission

• §§ 121-123. Repealed. 1995, No. 188 (Adj. Sess.), § 4.

• Subchapter 006A: Humanities Council

• § 126. Purpose of the Council

  In order to increase the opportunities of Vermonters and visitors to Vermont to take part in and enjoy programs in the humanities, a group of people devoted to history, philosophy, languages, linguistics, literature, archeology, jurisprudence, ethics, comparative religion, the theory and criticism of the arts, and related fields has formed the Vermont Humanities Council, a nonprofit organization for the purpose of assisting and encouraging libraries, schools, museums, colleges, universities, and other organizations in their several cultural and educational activities in the humanities. (Added 1991, No. 105; amended 2003, No. 66, § 250.)

• § 127. Designation

  The Vermont Humanities Council is designated as the nonprofit organization in the State to apply for funds distributed by the Division of State Programs, or its successor programs, of the National Endowment for the Humanities under the National Foundation of the Arts and Humanities Act of 1965, as amended. (Added 1991, No. 105; amended 2003, No. 66, § 250; amended 2019, No. 131 (Adj. Sess.), § 51.)

• § 128. Repealed. 2009, No. 33, § 83(g)(1).

• Subchapter 007: Comprehensive Health Education

• § 131. Definition

  As used in this title, “comprehensive health education” means a systematic and extensive elementary and secondary educational program designed to provide a variety of learning experiences based upon knowledge of the human organism as it functions within its environment. The term includes the study of:

  (1) Body structure and function, including the physical, psychosocial, and psychological basis of human development, sexuality, and reproduction.

  (2) Community health to include environmental health, pollution, public health, and world health.

  (3) Safety, including:

  (A) first aid, disaster prevention, and accident prevention; and

  (B) information regarding and practice of compression-only cardiopulmonary resuscitation and the use of automated external defibrillators.

  (4) Disease, such as HIV infection, other sexually transmitted diseases, as well as other communicable diseases, and the prevention of disease.

  (5) Family health and mental health, including instruction that promotes the development of responsible personal behavior involving decision making about sexual activity, including abstinence; skills that strengthen existing family ties involving communication, cooperation, and interaction between parents and students; and instruction to aid in the establishment of strong family life in the future, thereby contributing to the enrichment of the community; and that promotes an understanding of depression and the signs of suicide risk in a family member or fellow student that includes how to respond appropriately and seek help and provides an awareness of the available school and community resources such as the local suicide crisis hotline.

  (6) Personal health habits, including dental health.

  (7) Consumer health, including health careers, health costs, and utilizing health services.

  (8) Human growth and development, including understanding the physical, emotional, and social elements of individual development and interpersonal relationships, including instruction in parenting methods and styles. This shall include information regarding the possible outcomes of premature sexual activity, contraceptives, adolescent pregnancy, childbirth, adoption, and abortion.

  (9) Drugs, including education about alcohol, caffeine, nicotine, and prescribed drugs.

  (10) Nutrition.

  (11) How to recognize and prevent sexual abuse and sexual violence, including developmentally appropriate instruction about promoting healthy and respectful relationships, developing and maintaining effective communication with trusted adults, recognizing sexually offending behaviors, and gaining awareness of available school and community resources. An employee of the school shall be in the room during the provision of all instruction or information presented under this subdivision. (Added 1977, No. 131 (Adj. Sess.), § 1, eff. March 3, 1978; amended 1987, No. 270 (Adj. Sess.), § 1; 2005, No. 114 (Adj. Sess.), § 2; 2009, No. 1, § 3, eff. July 1, 2011; 2011, No. 151 (Adj. Sess.), § 1, eff. May 16, 2012; 2011, No. 156 (Adj. Sess.), § 29, eff. May 16, 2012; 2019, No. 157 (Adj. Sess.), § 3, eff. Nov. 1, 2020.)

• § 132. Secondary schools; provision of contraceptives

  In order to prevent or reduce unintended pregnancies and sexually transmitted diseases, each school district shall make condoms available to all students in its secondary schools, free of charge. School district administrative teams, in consultation with school district nursing staff, shall determine the best manner in which to make condoms available to students. At a minimum, condoms shall be placed in locations that are safe and readily accessible to students, including the school nurse’s office. (Added 2019, No. 157 (Adj. Sess.), § 4, eff. July 1, 2021.)

• § 133. Supervisor; comprehensive health education

  (a) The Secretary with the approval of the State Board may appoint one qualified person to supervise the preparation of appropriate curricula for use in the public schools, to promote programs for the preparation of teachers to teach these curricula, and to assist in the development of comprehensive health education programs.

  (b) [Repealed.]

  (c) Vermont school districts may include a module within the secondary school health class curricula relating to cervical cancer and the human papillomavirus. The Agency shall work with relevant medical authorities to update the current model module to reflect up-to-date information and practices for health education in this area. (Added 1977, No. 131 (Adj. Sess.), § 1, eff. March 3, 1978; amended 2007, No. 203 (Adj. Sess.), § 22, eff. June 10, 2008; 2013, No. 92 (Adj. Sess.), § 3, eff. Feb. 14, 2014.)

• § 134. Religious exemption

  Any student whose parent shall present to the school principal a signed statement that the teaching of disease, its symptoms, development, and treatment, conflicts with the parents’ religious convictions shall be exempt from such instruction, and no child so exempt shall be penalized by reason of that exemption. (Added 1977, No. 131 (Adj. Sess.), § 1, eff. March 3, 1978; amended 1987, No. 270 (Adj. Sess.), § 2.)

• § 135. Program development; community advisory council

  (a) The Agency shall offer assistance to school districts and supervisory unions to provide teacher instruction in comprehensive health education.

  (b) Any school district board or supervisory union board may establish a comprehensive health education community advisory council to assist the school board in developing and implementing comprehensive health education. The school board shall provide public notice to the community to allow all interested parties to apply for appointment. The school board shall endeavor to appoint members who represent various points of view within the community regarding comprehensive health education. (Added 1987, No. 270 (Adj. Sess.), § 3; amended 2013, No. 92 (Adj. Sess.), § 4, eff. Feb. 14, 2014.)

• § 136. Wellness program; Advisory Council on Wellness and Comprehensive Health

  (a) As used in this section:

  (1) “Fitness program” means a program that includes a physical education program and a physical activity program.

  (2) “Nutrition” includes all food and beverages sold or served in the food service program, vending machines, snack bars, and school stores.

  (3) “Physical activity program” means a program that includes, in addition to regular physical education classes, minimum daily physical activity for each student provided through activities such as recess and other recreation periods, and participation in athletics either during or after regular school hours. “Physical activity” means moderate and vigorous physical activities.

  (4) “Physical education program” means a sequential, developmentally appropriate program that is an enjoyable experience for students and is designed to help students develop the knowledge, skill, self-management skill, attitudes, and confidence needed to adopt and maintain physical fitness throughout their lives.

  (5) “Wellness program” means a program that includes physical fitness and comprehensive health education as defined in section 131 of this title.

  (b) The Secretary shall establish an Advisory Council on Wellness and Comprehensive Health that shall include at least three members with expertise in health services, health education, or health policy; at least one member who is a school counselor; and at least one member who is a school social worker. The members shall serve without compensation. The Council shall assist the Agency to plan, coordinate, and encourage wellness and comprehensive health programs in the public schools and shall meet not less than twice a year. The Council shall also examine and coordinate state health wellness policies and federal wellness policies to identify and, if possible, eliminate any redundancies.

  (c) The Secretary shall collaborate with other agencies and councils working on childhood wellness to:

  (1) Supervise the preparation of appropriate wellness program curricula for use in the public schools, promote programs for the preparation of teachers to teach these curricula, and assist in the development of wellness programs.

  (2) [Repealed.]

  (3) Establish and maintain a website that displays data from a youth risk behavior survey in a way that enables the public to aggregate and disaggregate the information.

  (4) Research funding opportunities for schools and communities that wish to build wellness programs and make the information available to the public.

  (5) [Repealed.]

  (d) The Agency shall offer assistance to school districts and supervisory unions to provide teacher instruction in wellness programs.

  (e) Any school district board or supervisory union board may establish a wellness community advisory council to inventory community programs and assets and to assist the school board and community in developing and implementing wellness programs. The school board shall provide public notice to the community to allow all interested parties to apply for appointment. The school board shall endeavor to appoint members who represent various points of view and expertise within the community regarding wellness programs. Members may include representatives from coordinated school health teams, teachers, school administrators, students, community members, health care providers, parents, and others. (Added 2003, No. 161 (Adj. Sess.), § 2; amended 2007, No. 154 (Adj. Sess.), § 6; 2009, No. 135 (Adj. Sess.), § 6; 2013, No. 92 (Adj. Sess.), §§ 5, 6, eff. Feb. 14, 2014; 2021, No. 66, § 9, eff. June 7, 2021.)

• Subchapter 008: Tobacco Use Policy

• § 140. Tobacco use prohibited on public school grounds

  No person shall be permitted to use tobacco products or tobacco substitutes as defined in 7 V.S.A. § 1001 on public school grounds or at public school sponsored functions. Public school boards may adopt policies that include confiscation and appropriate referrals to law enforcement authorities. (Added 1987, No. 162 (Adj. Sess.), § 4; amended 1995, No. 52, § 1; 1997, No. 58, § 10; 2013, No. 135 (Adj. Sess.), § 4; 2017, No. 74, § 21.)

• Subchapter 009: Hazing

• § 140a. Redesignated. 2013, No. 92 (Adj. Sess.), § 78, eff. Feb. 14, 2014. [Repealed]

• § 140b. Redesignated. 2013, No. 92 (Adj. Sess.), § 79, eff. Feb. 14, 2014.

• § 140c. Redesignated. 2013, No. 92 (Adj. Sess.), § 80, eff. Feb. 14, 2014.

• § 140d. Redesignated. 2013, No. 92 (Adj. Sess.), § 81, eff. Feb. 14, 2014.