-
Subchapter 001: GENERAL PROVISIONS
§§ 141-144. Repealed. 1969, No. 298 (Adj. Sess.), § 79.
§ 144a. Repealed. 2011, No. 58, § 31, eff. May 31, 2011.
§ 144b. Redesignated. 2013, No. 92 (Adj. Sess.), § 19, eff. Feb. 14, 2014.
§ 145. Repealed. 1961, No. 247, § 4.
§§ 146-151. Repealed. 1969, No. 298 (Adj. Sess.), § 79.
§ 161. State Board of Education; appointment of members; term; vacancy
The State Board shall consist of 10 members. Two of the members shall be secondary
students, one of whom shall be a full member and the other of whom shall be a junior
member who may not vote. Eight members, including the two student members, shall be
appointed by the Governor with the advice and consent of the Senate. One member shall
be appointed by the Speaker of the House and one member shall be appointed by the
Senate Committee on Committees. In the appointment of the nonstudent members, priority
shall be given to the selection of persons with a demonstrated commitment to ensuring
quality education for Vermont students. To the extent possible, the members shall
represent the State’s geographic, gender, racial, and ethnic diversity. The Secretary
shall serve on the State Board as a nonvoting member.
(1) Upon the expiration of the respective terms of those members of the Board previously
appointed, excluding the student members, the appointing authority that made the initial
appointment to the expired term shall, biennially in the month of February with the
advice and consent of the Senate, as applicable, appoint members for terms of six
years. The terms shall begin March 1 of the year in which the appointments are made.
A member serving a term of six years shall not be eligible for reappointment for successive
terms.
(2) In the event of any vacancy occurring in the membership of the Board, the appointing
authority that made the initial appointment to the vacated term shall fill the vacancy
with a qualified person whose appointment shall be for the unexpired portion of the
term.
(3) Biennially, the Board shall choose a member of the Board to be its chair.
(4) Annually, using an application process that is open and accessible to all eligible
students, the Governor shall appoint a Vermont secondary school student who will continue
to be a secondary student for at least two years following taking office, to serve
on the State Board for two years, beginning on July 1 of the year of appointment.
The student member shall not vote during the first year and shall be a full and voting
member during the second year of the student’s term. (Added 1969, No. 298 (Adj. Sess.), § 12; amended 1975, No. 48, § 2, eff. date, at end of chair’s term; 1997, No. 34, § 1; 1999, No. 74 (Adj. Sess.), § 1, eff. March 27, 2000; 2011, No. 98 (Adj. Sess.), § 2, eff. Jan. 1, 2013; 2019, No. 131 (Adj. Sess.), § 52; 2021, No. 66, § 19, eff. June 7, 2021; 2025, No. 73, § 24, eff. July 1, 2025.)
§ 162. Removal of Board members
After notice and hearing, the Governor may remove a member of the State Board for
incompetency, failure to discharge the member’s duties, malfeasance, illegal acts,
or other cause inimical to the welfare of the public schools; and in case of such
removal, the appointing authority that made the initial appointment shall appoint
a person to fill the unexpired term. (Added 1969, No. 298 (Adj. Sess.), § 13; amended 2025, No. 73, § 26, eff. July 1, 2025.)
§ 163. Staff; meetings
(a) The Board shall be supported by adequate staff, who shall report to the Board.
(b) The Board shall meet monthly and shall hold special meetings as required for the performance
of its duties. The times and places for regular and special meetings shall be designated
by the Chair of the Board. The Chair shall call a special meeting upon the written
request of any two members. (Added 1969, No. 298 (Adj. Sess.), § 14; amended 2011, No. 98 (Adj. Sess.), § 3, eff. April 1, 2013.)
§ 164. State Board; general powers and duties
The State Board shall engage local school board members and the broader education
community and, consistent with the provisions of this title, its own rules, and rules
adopted by the Secretary, establish and regularly update a long-term strategic vision
for the delivery of educational services in Vermont; advise the General Assembly,
the Governor, and the Secretary of Education on high-priority educational policies
and issues as they arise; and act in accordance with legislative mandates, including
the adoption of rules and executing special assignments. In addition to other specified
duties, the Board shall:
(1) Establish such advisory commissions as in the judgment of the Board will be of assistance
to it in carrying out its duties. Advisory commission members shall serve with or
without compensation at the discretion of the Board but shall receive actual expenses
incurred in pursuance of their duties.
(2) Have the authority to enter into agreements with school districts, municipalities,
states, the United States, foundations, agencies, or individuals for service, educational
programs, or research projects.
(3) Examine and determine all appeals that by law are made to it and prescribe rules of
practice in respect thereto, not inconsistent with law.
(4) [Repealed.]
(5) [Repealed.]
(6) Make regulations governing the attendance and records of attendance of all students
and the deportment of students attending public schools.
(7) Adopt rules pursuant to 3 V.S.A. chapter 25 to carry out the powers and duties of the Board as directed by the General Assembly,
within the limitations of legislative intent.
(8) [Repealed.]
(9) Implement and continually update standards for student performance in appropriate
content areas and at appropriate intervals in the continuum from kindergarten to grade
12 and methods of assessment to determine attainment of the standards for student
performance. The standards shall be rigorous, challenging, and designed to prepare
students to participate in and contribute to the democratic process and to compete
in the global marketplace. The standards shall include a standard for reading level
proficiency for students completing grade three.
(10) [Repealed.]
(11) If deemed advisable, determine educational standards for admission to and graduation
from the public schools.
(12) [Repealed.]
(13) Be the State Board for the program of adult education and literacy and perform all
the duties and powers prescribed by law pertaining to adult education and literacy
and to act as the State approval agency for educational institutions conducting programs
of adult education and literacy.
(14) Adopt rules for approval of independent schools.
(15) Establish criteria governing the establishment of a system for the receipt, deposit,
accounting, and disbursement of all funds by supervisory unions and school districts.
(16) In cooperation with the Secretary, ensure that the Agency develops information, plans,
and assistance to aid in making technology and telecommunications available and coordinated
in all school districts. The State Board shall develop guidelines for distribution
of federal, State, or private funds designated for the development or expansion of
distance learning technologies. The guidelines shall encourage, consistent with any
terms or conditions established by the funding source, collaboration between schools
and school districts to realize economic and educational efficiencies.
(17) Report annually on the condition of education statewide and on a supervisory union
and school district basis. The report shall include information on attainment of standards
for student performance adopted under subdivision (9) of this section, number and
types of complaints of hazing, harassment, or bullying made pursuant to chapter 9,
subchapter 5 of this title and responses to the complaints, financial resources and
expenditures, and community social indicators. The report shall be organized and presented
in a way that is easily understandable by the general public and that enables each
school, school district, and supervisory union to determine its strengths and weaknesses.
To the extent consistent with State and federal privacy laws and regulations, data
on hazing, harassment, or bullying incidents shall be disaggregated by incident type,
including disaggregation by ethnic groups, racial groups, religious groups, gender,
sexual orientation, gender identity, disability status, and English language learner
status. The Secretary shall use the information in the report to determine whether
students in each school, school district, and supervisory union are provided educational
opportunities substantially equal to those provided in other schools, school districts,
and supervisory unions pursuant to subsection 165(b) of this title.
(18) Ensure that Vermont’s students, including students enrolled in secondary career technical
education, have access to a substantially equal educational opportunity by developing
a system to evaluate the equalizing effects of Vermont’s education finance system
and education quality standards under section 165 of this title.
(19) [Repealed.]
(20) Pursuant to section 806g of this title, constitute the State Council for the Interstate Compact on Educational Opportunity
for Military Children and appoint to the Council a Compact Commissioner and Military
Family Education Liaison, who may be the same person. The Board may appoint additional
members.
(21) Report annually to the Governor and the General Assembly on the progress the Board
has made on the development of education policy for the State. (Added 1969, No. 298 (Adj. Sess.), § 15; amended 1971, No. 14, § 5, eff. March 11, 1971; 1975, No. 48, §§ 3, 14, eff. April 15, 1975; 1975, No. 147 (Adj. Sess.), § 3; 1981, No. 151 (Adj. Sess.), § 5; 1983, No. 247 (Adj. Sess.), § 4(1); 1983, No. 248 (Adj. Sess.), § 4; 1987, No. 97, § 4, eff. June 23, 1987; 1987, No. 228 (Adj. Sess.), § 6; 1989, No. 118, § 3; 1991, No. 24, § 11; 1991, No. 204 (Adj. Sess.), § 7; 1997, No. 60, § 3, eff. June 26, 1997; 1997, No. 138 (Adj. Sess.), § 3, eff. April 27, 1998; 1999, No. 113 (Adj. Sess.), § 1a; 1999, No. 120 (Adj. Sess.), § 3; 2001, No. 151 (Adj. Sess.), § 50, eff. July 1, 2003; 2005, No. 214 (Adj. Sess.), § 12; 2007, No. 154 (Adj. Sess.), § 6; 2011, No. 43, § 2, eff. July 1, 2011; 2011, No. 45, § 7a, eff. May 24, 2011; 2011, No. 98 (Adj. Sess.), § 4, eff. April 1, 2013; 2013, No. 56, § 22, eff. May 30, 2013; 2013, No. 92 (Adj. Sess.), §§ 8, 9, 302, eff. Feb. 14, 2014; 2013, No. 142 (Adj. Sess.), § 26; 2015, No. 23, § 18; 2015, No. 131 (Adj. Sess.), § 23; 2019, No. 1, § 2, eff. Mar. 29, 2019; 2019, No. 131 (Adj. Sess.), § 53; 2021, No. 66, § 20, eff. June 7, 2021.)
§ 164a. Statewide Strategic Education Plan
Beginning on July 1, 1998, the State Board shall adopt through a public process a
statewide strategic education plan to describe how the Agency will help school boards
to improve student performance. The State Board shall update and readopt the plan
at least every five years. The goals of the plan shall be to strengthen coherence
and consistency among State and local education goals, standards for student performance,
assessments, professional development opportunities, and action plans and to provide
support for local curriculum development. The plan shall include information as to
the economic costs of implementation and the education benefits to be derived. (Added 1997, No. 60, § 6, eff. June 26, 1997; 2013, No. 92 (Adj. Sess.), §§ 10, 11, eff. Feb. 14, 2014.)
§ 165. Education quality standards; equal educational opportunities; independent school meeting
education quality standards
(a) In order to carry out Vermont’s policy that all Vermont children will be afforded
educational opportunities that are substantially equal in quality, each Vermont public
school, including each career technical center, shall meet the following education
quality standards:
(1) The school, through a process including parents, teachers, students, and community
members, develops, implements, and annually updates a continuous improvement plan
to improve student performance within the school. The plan shall include goals and
objectives for improved student learning and educational strategies and activities
to achieve its goals. The plan shall also address the effectiveness of efforts made
since the previous continuous improvement plan to ensure the school maintains a safe,
orderly, civil, and positive learning environment that is free from harassment, hazing,
and bullying. The school shall assess student performance under the plan using a method
or methods of assessment developed under subdivision 164(9) of this title.
(2) The school, at least annually, reports student performance results to community members
in a format selected by the school board. In the case of a regional career technical
center, the community means the school districts in the service region. The school
report shall include:
(A) Information indicating progress toward meeting standards from the most recent measure
taken.
(B) [Repealed.]
(C) Information indicating progress toward meeting the goals of an annual continuous improvement
plan.
(D) Any other statistical information about the school or community that the school board
deems necessary to place student performance results in context.
(E)-(G) [Repealed.]
(H) A description of how the school ensures that each student receives appropriate career
counseling and program information regarding availability of education and apprenticeship
program offerings at career technical centers.
(I) [Repealed.]
(J) If the school is a secondary school, information and supporting data presented in
a manner designed to protect student confidentiality on the dropout and graduation
rates.
(K) Data provided by the Secretary that enable a comparison with other schools, or school
districts if school level data are not available, for cost-effectiveness. The Secretary
shall establish which data are to be included pursuant to this subdivision and, notwithstanding
that the other elements of the report are to be presented in a format selected by
the school board, shall develop a common format to be used by each school in presenting
the data to community members. The Secretary shall provide the most recent data available
to each school no later than October 1 of each year. Data to be presented include
student-to-teacher ratio, administrator-to-student ratio, administrator-to-teacher
ratio, and cost per pupil.
(3) The school substantially meets standards adopted by rule of the State Board regarding
conditions, practices, and resources of schools. The standards shall address those
aspects of the following that are most closely associated with improving student performance:
(A) school leadership, staffing, and support services;
(B) instructional practices and curriculum leadership, content, and coordination;
(C) educational materials and school facilities;
(D) access to current technology.
(4) The school shall provide for and the staff shall use needs-based professional development
designed to improve the quality of education provided to the students and directly
connected to standards for student performance established by the State Board and
any other educational performance goals established by the school board.
(5) The school uses staff evaluation to advance educational performance objectives.
(6) The school ensures that students receive appropriate career counseling and program
information regarding the availability of education and apprenticeship program offerings
at career technical centers. In addition, the school, if it is a secondary school,
offers a genuine opportunity to access career technical education programs.
(7) The school ensures that students are furnished educational services in accordance
with any State or federal entitlements and in a nondiscriminatory manner.
(8) The school maintains a safe, orderly, civil, and positive learning environment that
is free from hazing, harassment, and bullying, and is based on sound instructional
and classroom management practices and clear discipline policies that are consistently
and effectively enforced.
[Subdivision (a)(9) effective July 1, 2026.]
(9) The school complies with average class size minimum standards; provided, however,
that when class size minimums apply to content areas, an individual class may be smaller
than the minimum average. As used in this subdivision, “content area” means a group
of courses within a specific licensing endorsement area.
(A) Class size standards.
(i) The average class size minimum for first-grade classes shall be 10 students.
(ii) The average class size minimum for grades two through five shall be 12 students.
(iii) The average class size minimum for grades six through eight in all required content
areas shall be 15 students.
(iv) The average class size minimum for grades nine through 12 in all required content
area classes shall be 18 students.
(v) Multiage classrooms for grades kindergarten through eight shall be limited to two
grade levels per classroom.
(vi) Prekindergarten, kindergarten, career and technical education, flexible pathways,
terminal courses, advanced placement courses, courses that require specialized equipment,
and driver’s education classes shall be excluded from the class size minimum requirements
in this subdivision (9). Small group services for the purpose of providing special
education, supplemental or targeted academic intervention, or English learner instruction
shall also be excluded from the class size minimum requirements in this subdivision
(9).
(vii) Class sizes shall not exceed the maximum occupancy limits established by local and
State fire codes, including egress and safety requirements.
(B) Waivers. If a school board determines that it operates a school that is unable to comply with
the class size minimum standards due to geographic isolation, or a school has developed
an implementation plan to meet the standards contained in this subdivision (9) that
may include consolidation or merger, the school board may ask the State Board of Education
to grant it waiver from this subdivision (9). The State Board shall define what qualifies
as geographic isolation in its rules adopted pursuant to subdivision (a)(3) of this
section. The State Board’s decision shall be final.
(C) State Board action. If the Secretary determines that a school is not meeting the class size minimum standards
set forth in this subdivision (9) over the course of three consecutive school years,
the Secretary may recommend to the State Board one or more of the actions listed in
subsection (b) of this section, regardless of whether the school is meeting all other
education quality standards. The State Board shall then follow the procedure of subsection
(c) of this section.
[Subsection (b) effective until July 1, 2026; see also subsection (b) effective July
1, 2026 set out below.]
(b) Annually, the Secretary shall determine whether students in each Vermont public school
are provided educational opportunities substantially equal to those provided in other
public schools. If the Secretary determines that a school is not meeting the education
quality standards listed in subsection (a) of this section or that the school is making
insufficient progress in improving student performance in relation to the standards
for student performance set forth in subdivision 164(9) of this title, he or she shall describe in writing actions that a district must take in order to
meet either or both sets of standards and shall provide technical assistance to the
school. If the school fails to meet the standards or make sufficient progress within
two years of the determination, the Secretary shall recommend to the State Board one
or more of the following actions:
(1) the Agency continue to provide technical assistance for one more cycle of review;
(2) the State Board adjust supervisory union boundaries or responsibilities of the superintendency
pursuant to section 261 of this title;
(3) the Secretary assume administrative control of an individual school, school district,
or supervisory union, including budgetary control to ensure sound financial practices,
only to the extent necessary to correct deficiencies;
(4) the State Board close an individual school or schools and require that the school
district pay tuition to another public school or an approved independent school pursuant
to chapter 21 of this title; or
(5) the State Board require two or more school districts to consolidate their governance
structures.
[Subsection (b) effective July 1, 2026; see also subsection (b) effective until July
1, 2026 set out above.]
(b) Annually, the Secretary shall determine whether students in each Vermont public school
are provided educational opportunities substantially equal to those provided in other
public schools. If the Secretary determines that a school is not meeting the education
quality standards listed in subsection (a) of this section or that the school is making
insufficient progress in improving student performance in relation to the standards
for student performance set forth in subdivision 164(9) of this title, the Secretary shall describe in writing actions that a district must take in order
to meet either or both sets of standards and shall provide technical assistance to
the school. If the school fails to meet the standards or make sufficient progress
within two years following the determination, the Secretary shall recommend to the
State Board one or more of the following actions:
(1) the Agency continue to provide technical assistance for one more cycle of review;
(2) the State Board adjust supervisory union boundaries or responsibilities of the superintendency
pursuant to section 261 of this title;
(3) the Secretary assume administrative control of an individual school, school district,
or supervisory union, including budgetary control to ensure sound financial practices,
only to the extent necessary to correct deficiencies;
(4) the State Board close an individual school or schools and require that the school
district pay tuition to another public school or an approved independent school pursuant
to chapter 21 of this title; or
(5) the State Board require two or more school districts to consolidate their governance
structures.
(c) The State Board, after offering the school board an opportunity for a hearing, shall
either dismiss the Secretary’s recommendation or order that one or more of the actions
listed in subsection (b) of this section be taken. The action ordered by the State
Board shall be the least intrusive consistent with the need to provide students attending
the school substantially equal educational opportunities. A school board aggrieved
by an order of the State Board may appeal the order in accordance with the Rules of
Civil Procedure.
(d) Nothing in this section shall be construed to entitle any student to educational programs
or services identical to those received by students in the same or any other school
district. Further, nothing in this section shall create a private right of action.
[Subsection (e) effective until July 1, 2026; see also subsection (e) effective July
1, 2026 set out below.]
(e) If the Secretary determines at any time that the failure of a school to meet the education
quality standards listed in subsection (a) of this section is severe or pervasive,
potentially results in physical or emotional harm to students or significant deprivation
of equal education opportunities, and the school has either unreasonably refused to
remedy the problem or its efforts have proved ineffective, he or she may recommend
to the State Board one or more of the actions listed in subsection (b) of this section.
The State Board shall then follow the procedure of subsection (c) of this section.
[Subsection (e) effective July 1, 2026; see also subsection (e) effective until July
1, 2026 set out above.]
(e) If the Secretary determines at any time that the failure of a school to meet the education
quality standards listed in subsection (a) of this section is severe or pervasive,
potentially results in physical or emotional harm to students or significant deprivation
of equal education opportunities, and the school has either unreasonably refused to
remedy the problem or its efforts have proved ineffective, the Secretary may recommend
to the State Board one or more of the actions listed in subsection (b) of this section.
The State Board shall then follow the procedure of subsection (c) of this section.
(f) In order to be designated an independent school meeting education quality standards,
an independent school shall participate in the education quality standards process
of subsection (b) of this section. An independent school shall receive technical assistance
in accordance with the provisions of subsection (b), but shall not be subject to subdivisions
(b)(2)-(4) of this section. The school shall be an independent school meeting education
quality standards unless the State Board, after opportunity for hearing, finds that:
(1) the school has discontinued its participation in the education quality standards process;
or
(2) two or more years following a determination that the school is not meeting the education
quality standards or that the school is making insufficient progress in improving
student performance, the school fails to meet the standards or make sufficient progress
toward meeting the standards.
(g) In addition to the education quality standards provided in subsection (a) of this
section, each Vermont school district shall meet the school district quality standards
adopted by rule of the Agency of Education regarding the business, facilities management,
and governance practices of school districts. These standards shall include a process
for school district quality reviews to be conducted by the Agency of Education. Annually,
the Secretary shall publish metrics regarding the outcomes of school district quality
reviews. (Added 1969, No. 298 (Adj. Sess.), § 16; amended 1981, No. 151 (Adj. Sess.), § 6; 1987, No. 97, § 5, eff. June 23, 1987; 1989, No. 44, § 3, eff. June 1, 1990; 1997, No. 60, § 4, eff. July 1, 1998; 1997, No. 71 (Adj. Sess.), § 82, eff. March 11, 1998; 1997, No. 138 (Adj. Sess.), § 4, eff. April 27, 1998; 1999, No. 113 (Adj. Sess.), § 1b; 1999, No. 120 (Adj. Sess.), § 4; 2001, No. 8, § 2; 2003, No. 68, § 46, eff. June 18, 2003; 2005, No. 54, § 1; 2007, No. 154 (Adj. Sess.), § 7; 2013, No. 92 (Adj. Sess.), § 12, eff. Feb. 14, 2014; 2013, No. 142 (Adj. Sess.), § 27; 2015, No. 23, § 19; 2015, No. 46, § 40, eff. July 1, 2020; 2015, No. 131 (Adj. Sess.), § 24; 2017, No. 49, § 26, eff. May 23, 2017; 2021, No. 127 (Adj. Sess.), § 13, eff. July 1, 2024; 2025, No. 73, § 6, eff. July 1, 2026.)
§ 165a. Repealed. 1989, No. 44, § 7, eff. July 1, 1990.
§ 166. Approved and recognized independent schools
(a) Authority. An independent school may operate and provide elementary education or secondary education
if it is either approved or recognized as set forth in this section.
(b) Approved independent schools. On application, the State Board shall approve an independent school that offers elementary
or secondary education if it finds, after opportunity for hearing, that the school
provides a minimum course of study pursuant to section 906 of this title and that it substantially complies with all statutory requirements for approved independent
schools and the Board’s rules for approved independent schools. An independent school
that intends to accept public tuition shall be approved by the State Board only on
the condition that the school agrees, notwithstanding any provision of law to the
contrary, to enroll any student who requires special education services and who is
placed in or referred to the approved independent school as an appropriate placement
and least restrictive environment for the student by the student’s individualized
education program team or by the local education agency; provided, however, that this
requirement shall not apply to an independent school that limits enrollment to students
who are on an individualized education program or a plan under Section 504 of the
Rehabilitation Act of 1973, 29 U.S.C. § 794, and who are enrolled pursuant to a written agreement between the local education
agency and the school. Except as provided in subdivision (6) of this subsection, the
Board’s rules must at minimum require that the school have the resources required
to meet its stated objectives, including financial capacity, faculty who are qualified
by training and experience in the areas in which they are assigned, and physical facilities
and special services that are in accordance with any State or federal law or regulation.
Approval may be granted without State Board evaluation in the case of any school accredited
by a private, State, or regional agency recognized by the State Board for accrediting
purposes, provided that the State Board shall determine that the school complies with
all student enrollment provisions required by law.
(1) On application, the State Board shall approve an independent school that offers kindergarten
but no other graded education if it finds, after opportunity for hearing, that the
school substantially complies with the Board’s rules for approved independent kindergartens.
The State Board may delegate to another State agency the authority to evaluate the
safety and adequacy of the buildings in which kindergartens are conducted but shall
consider all findings and recommendations of any such agency in making its approval
decision.
(2) Approvals under this subsection (b) shall be for a term established by rule of the
Board but not greater than five years.
(3) An approved independent school shall provide to the parent or guardian responsible
for each of its students, prior to accepting any money for a student, an accurate
statement in writing of its status under this section and a copy of this section.
Failure to comply with this provision may create a permissible inference of false
advertising in violation of 13 V.S.A. § 2005.
(4) Each approved independent school shall provide to the Secretary on October 1 of each
year the names, genders, dates of birth, and addresses of its enrolled students. Within
seven days of the termination of a student’s enrollment, the approved independent
school shall notify the Secretary of the name and address of the student. The Secretary
shall notify the appropriate school officials as provided in section 1126 of this title.
(5) The State Board may revoke, suspend, or impose conditions upon the approval of an
approved independent school, after having provided an opportunity for a hearing, for
substantial failure to comply with the minimum course of study, for failure to demonstrate
that the school has the resources required to meet its stated objectives, for failure
to comply with statutory requirements or the Board’s rules for approved independent
schools, or for failure to report under subdivision (4) of this subsection (b). Upon
that revocation or suspension, students required to attend school who are enrolled
in that school shall become truant unless they enroll in a public school, an approved
or recognized independent school, or a home study program.
(6) This subdivision applies to an independent school located in Vermont that offers a
distance learning program and that, because of its structure, does not meet some or
all the rules of the State Board for approved independent schools. In order to be
approved under this subdivision, a school shall meet the standards adopted by rule
of the State Board for approved independent schools that can be applied to the applicant
school and any other standards or rules adopted by the State Board regarding these
types of schools. A school approved under this subdivision shall not be eligible to
receive tuition payments from public school districts under chapter 21 of this title.
(7) Approval for independent residential schools under this subsection is also contingent
upon proof of the school’s satisfactory completion of an annual fire safety inspection
by the Department of Public Safety or its designee pursuant to 20 V.S.A. chapter 173, subchapter 2. A certificate executed by the inspecting entity, declaring satisfactory
completion of the inspection and identifying the date by which a new inspection must
occur, shall be posted at the school in a public location. The school shall provide
a copy of the certificate to the Secretary of Education after each annual inspection.
The school shall pay the actual cost of the inspection unless waived or reduced by
the inspecting entity.
(8)(A) If an approved independent school experiences any of the following financial reporting
events during the period of its approved status, the school shall notify the Secretary
of Education within five days after its knowledge of the event unless the failure
is de minimis:
(i) the school’s failure to file its federal or State tax returns when due, after permissible
extension periods have been taken into account;
(ii) the school’s failure to meet its payroll obligations as they are due or to pay federal
or State payroll tax obligations as they are due;
(iii) the school’s failure to maintain required retirement contributions;
(iv) the school’s use of designated funds for nondesignated purposes;
(v) the school’s inability to fully comply with the financial terms of its secured installment
debt obligations over a period of two consecutive months, including the school’s failure
to make interest or principal payments as they are due or to maintain any required
financial ratios;
(vi) the withdrawal or conditioning of the school’s accreditation on financial grounds
by a private, State, or regional agency recognized by the State Board for accrediting
purposes; or
(vii) the school’s insolvency, as defined in 9 V.S.A. § 2286(a).
(B)(i) If the Secretary reasonably believes that an approved independent school lacks financial
capacity to meet its stated objectives during the period of its approved status, then
the Secretary shall notify the school in writing of the reasons for this belief and
permit the school a reasonable opportunity to respond.
(ii) If the Secretary, after having provided the school a reasonable opportunity to respond,
does not find that the school has satisfactorily responded or demonstrated its financial
capacity, the Secretary may establish a review team that, with the consent of the
school, includes a member of the Council of Independent Schools, to:
(I) conduct a school visit to assess the school’s financial capacity;
(II) obtain from the school such financial documentation as the review team requires to
perform its assessment; and
(III) submit a report of its findings and recommendations to the State Board.
(iii) If the State Board concludes that an approved independent school lacks financial capacity
to meet its stated objectives during the period of its approved status, the State
Board may take any action that is authorized by this section.
(iv) In considering whether an independent school lacks financial capacity to meet its
stated objectives during the period of its approved status and what actions the State
Board should take if it makes this finding, the State Board may consult with, and
draw on the analytical resources of, the Vermont Department of Financial Regulation.
(C) Information provided by an independent school under this subsection that is not already
in the public domain is exempt from public inspection and copying under the Public
Records Act and shall be kept confidential.
(c) Recognized independent schools. Upon filing an enrollment notice, a recognized independent school may provide elementary
or secondary education in Vermont. The enrollment notice shall be on a form provided
by the Secretary and shall be filed with the Secretary no earlier than three months
before the beginning of the school year for the public schools in the town in which
the applicant proposes to locate.
(1) The enrollment notice shall contain the following information and assurances:
(A) a statement that the school will be in session an amount of time substantially equivalent
to that required for public schools;
(B) a detailed description or outline of the minimum course of study for each grade level
the school offers and how the annual assessment of each student will be performed;
and
(C) assurances that:
(i) the school will prepare and maintain attendance records for each student enrolled
or regularly attending classes;
(ii) at least once each year, the school will assess each student’s progress, and will
maintain records of that assessment, and present the result of that assessment to
each student’s parent or guardian;
(iii) the school’s educational program will include the minimum course of study set forth
in section 906 of this title;
(iv) the school will have teachers and materials sufficient to carry out the school’s educational
program; and
(v) the school will meet such State and federal laws and regulations concerning its physical
facilities and health and safety matters as are applicable to recognized independent
schools.
(2) If the Secretary has information that creates significant doubt about whether the
school would be able to meet the requirements set forth in this subsection, the Secretary
may call a hearing. At the hearing, the school shall establish that it can meet the
requirements for recognized independent schools. Failure to do so shall result in
a finding by the Secretary that the school must take specified action to come into
compliance within a specified time frame or the children enrolled must attend another
recognized independent school, a public school, an approved independent school, or
a home study program, or be declared truant unless absent with legal excuse.
(3) A recognized independent school shall provide to each student’s parent or guardian
a copy of its currently filed statement of objectives and a copy of this section.
The copy shall be provided when the student enrolls or before September 1, whichever
comes later. Failure to comply with this subsection may create a permissible inference
of false advertising in violation of 13 V.S.A. § 2005.
(4) A recognized independent school shall renew its enrollment notice annually. An independent
school shall be recognized for a period not to exceed five years by the Secretary
without need for filing an annual enrollment notice if:
(A) it is recognized by an organization approved by the State Board for the purpose of
recognizing such school; or
(B) it is accredited by a private, state, or regional agency approved by the State Board
for accrediting purposes; provided, however, nothing in this subdivision (4) shall
be construed to prohibit the Secretary from initiating a hearing under this subsection
(c).
(5) If the Secretary has information that creates significant doubt about whether the
school, once in operation, is meeting the requirements for recognized independent
schools, the Secretary may call a hearing. At the hearing, the school shall establish
that it has met the requirements for recognized independent schools. Failure to do
so shall result in a finding by the Secretary that:
(A) the school may not be in operation for the remainder of the school year and that the
children are truant unless absent with legal excuse or enrolled in a public school,
an independent school, another recognized independent school, or a home study program;
or
(B) the school must take specified action to come into compliance within a specified time
frame or the school will not be permitted to operate for the remainder of the school
year.
(6) Each recognized independent school shall provide to the Secretary on October 1 of
each year the names, genders, dates of birth, and addresses of its enrolled students.
Within seven days of the termination of a student’s enrollment, the recognized independent
school shall notify the Secretary of the name and address of the student. The Secretary
shall notify the appropriate school officials as provided in section 1126 of this title.
(7) After the filing of the enrollment notice or at a hearing, if the school is unable
to comply with any specific requirements due to deep religious conviction shared by
an organized group, the Secretary may waive such requirements if he or she determines
that the educational purposes of this subsection are being or will be substantially
met.
(d) Council of Independent Schools. A Council of Independent Schools is created consisting of 11 members, no fewer than
three of whom shall be representatives of recognized independent schools. The Secretary
shall appoint nine members from within the independent schools’ community. The Secretary
shall appoint two members from the public-at-large. Each member shall serve for two
years and may be reappointed for up to an additional two terms. The Council shall
adopt rules for its own operation. A chair shall be elected by and from among the
members. The duties of the Council shall include advising the Secretary on policies
and procedures with respect to independent schools. No hearing shall be initiated
under this section before the State Board or by the Secretary until the recommendations
of the Council have been sought and received. The recommendations of the Council,
including any minority reports, shall be admissible at the hearing.
(e) Harassment, hazing, and bullying policies. The board of trustees of an approved or recognized independent school operating in
Vermont shall adopt harassment, hazing, and bullying prevention policies; establish
procedures for dealing with harassment, hazing, and bullying of students; and provide
notice of these. The provisions of chapter 9, subchapter 5 of this title for public
schools shall apply to this subsection, except that the board shall follow its own
procedures for adopting policy.
(f) Tuition bills. An approved independent school that accepts students for whom the district of residence
pays tuition under chapter 21 of this title shall bill the sending district monthly
for a State-placed student and shall not bill the sending district for any month in
which the State-placed student was not enrolled.
(g) Tuition students; assessments. An approved independent school that accepts students for whom the district of residence
pays tuition under chapter 21 of this title shall use the assessment or assessments
required under subdivision 164(9) of this title to measure attainment of standards for student performance of those students. In
addition, the school shall provide data related to the assessment or assessments as
required by the Secretary. (Amended 1981, No. 151 (Adj. Sess.), § 8; 1983, No. 248 (Adj. Sess.), § 3; 1989, No. 44, § 1; 1993, No. 162 (Adj. Sess.), § 3; 1995, No. 157 (Adj. Sess.), § 2; 1997, No. 60, § 5, eff. June 26, 1997; 1997, No. 84 (Adj. Sess.), § 2; 1999, No. 120 (Adj. Sess.), § 5; 2007, No. 66, § 2; 2007, No. 138 (Adj. Sess.), § 1, eff. May 9, 2008; 2009, No. 153 (Adj. Sess.), § 21b; 2013, No. 92 (Adj. Sess.), § 13, eff. Feb. 14, 2014; 2017, No. 173 (Adj. Sess.), § 20, eff. May 25, 2018; 2017, No. 173 (Adj. Sess.), § 20a, eff. July 1, 2023; 2019, No. 131 (Adj. Sess.), § 54; 2021, No. 20, § 51; 2021, No. 166 (Adj. Sess.), § 14, eff. June 1, 2022.)
§ 166a. Repealed. 1987, No. 97, § 8, eff. June 23, 1987.
§ 166b. Home study program
(a) Enrollment notice. A parent or legal guardian shall send the Secretary notice of intent to enroll the
parent’s or legal guardian’s child in a home study program at least 10 business days
prior to commencing home study. Such notice shall be submitted via a form developed
by the Agency of Education. A notice under this subsection shall include the following:
(1) The name; age; and date, month, and year of birth of the child.
(2) The names, mailing addresses, email addresses, town of legal residence, and telephone
numbers of all parents or guardians with legal custody who are legally authorized
to make educational decisions for the student.
(3) An attestation that the academic progress of each child enrolled in a home study program
will be assessed at the end of each school year and that the parent or guardian will
maintain the record of such assessments. Permitted means of assessment shall include:
(A) a standardized assessment, which may be administered by the local school district
or a testing service or administered in a manner approved by the testing company;
(B) a review of the student’s progress by an individual who holds a current Vermont teacher’s
certificate;
(C) a parent or guardian report and portfolio to include a summary of what the student
learned during the school year and at least four samples of student work;
(D) grades from an online academy or school; or
(E) evidence of passing of the GED.
(4) For each child not previously enrolled in a Vermont public school or Vermont home
study program, independent professional evidence regarding whether the child has a
documented disability and how the disability may affect the student’s educational
progress in a home study program.
(5) An attestation that each child being enrolled in home study will be provided the equivalent
of at least 175 days of instruction in the minimum course of study per year, specifically:
(A) for a child who is younger than 13 years of age, the subject areas listed in section 906 of this title;
(B) for a child who is 13 years of age or older, the subject areas listed in subdivisions
906(b)(1), (2), (4), and (5) of this title; or
(C) for students with documented disabilities, a parent or guardian must attest to providing
adaptations to support the student in the home study program.
(6) [Repealed.]
(7) The signatures of all parents or guardians with legal custody who are legally authorized
to make educational decisions for the student. In the alternative, the parent seeking
enrollment may provide attestation of sole primary educational decision-making authority.
(b) Enrollment. Within 10 business days following submission of a complete enrollment notice, the
Secretary or designee shall send the home study program a written acknowledgment of
receipt, which shall constitute sufficient enrollment verification for purposes of
section 1121 of this title.
(1) [Repealed.]
(2) [Repealed.]
(c) Withdrawal. The parent or guardian shall notify the Secretary in writing within 10 business days
following the date that any student is withdrawn from the student’s home study program.
(d) [Repealed.]
(e) [Repealed.]
(f) [Repealed.]
(g) [Repealed.]
(h) [Repealed.]
(i) [Repealed.]
(j) Waiver. After the filing of the enrollment notice, if the home study program is unable to
comply with any specific requirements due to deep religious conviction shared by an
organized group, the Secretary may waive such requirements if the Secretary determines
that the educational purposes of this section are being or will be substantially met.
(k) Annual notice. A parent or guardian who has provided a complete enrollment notice as described in
subsection (a) of this section shall notify the Secretary on or before the start of
each following year of the parent’s or guardian’s intention to continue to provide
instruction through a home study program via a form provided by the Agency of Education.
This notice shall be provided at least 10 business days prior to the intended start
date of the home study program.
(l) [Repealed.] (Added 1987, No. 97, § 3, eff. June 23, 1987; amended 1989, No. 44, § 6, eff. June 1, 1990; 1989, No. 118, § 3; 1991, No. 24, § 11; 1995, No. 100 (Adj. Sess.), § 1; 2005, No. 107 (Adj. Sess.), § 1; 2013, No. 92 (Adj. Sess.), § 14, eff. Feb. 14, 2014; 2019, No. 131 (Adj. Sess.), § 55; 2023, No. 66, § 5, eff. July 1, 2023.)
§ 167. High school equivalence certificate
The State Board is authorized to grant high school equivalency certificates to any
person who has not been graduated from a high school on the basis of credits earned
in the U.S. Armed Forces, credits earned in approved schools for adults, or satisfactory
scores obtained on approved examinations. (Added 1969, No. 298 (Adj. Sess.), § 18.)
§ 167a. Contract for sale and distribution of historical textbook
(a) The State Board may contract with the Vermont Historical Society or other organization
or organizations that it deems responsible to permit the use of any rights and physical
properties owned by the State of Vermont in the textbook, “Vermont, A History of the
Green Mountain State” for reproduction of the textbook for sale and distribution to
the general public.
(b) The contracts shall provide among other provisions:
(1) that libraries and public or private schools located within the State shall be allowed
to purchase an adequate number of copies of the textbook for their own use at the
actual cost of publication exclusive of promotional costs; and
(2) that sales of the textbook to purchasers other than schools and libraries in the State
of Vermont shall include provision for payment of royalty approved by the State Board
to Edmund Fuller, author, but not to exceed 15 percent of the total retail selling
price, the royalty to be paid by the organization or organizations; and
(3) that there shall be paid into the State Treasury by the organization or organizations
for the use of the State a percentage of the retail selling price of each textbook
sold to the general public, the percentage to be agreed upon between the State Board
and the organization or organizations. (Added 1969, No. 298 (Adj. Sess.), § 24; 2013, No. 92 (Adj. Sess.), § 15, eff. Feb. 14, 2014.)
§ 168. Redesignated. 2013, No. 92 (Adj. Sess.), § 17, eff. Feb. 14, 2014.
§ 169. Redesignated. 2013, No. 92 (Adj. Sess.), § 18, eff. Feb. 14, 2014.
§ 170. Control by federal agencies prohibited
No department, agency, officer, or employee of the United States shall, because of
any provision of this title, direct, supervise, control, or prescribe in any manner,
the administration, personnel, curriculum, or instruction in the public schools of
Vermont. (Added 1969, No. 298 (Adj. Sess.), § 21.)
§ 171. Repealed. 1983, No. 247 (Adj. Sess.), § 4(2).
§ 172. Redesignated. 2013, No. 92 (Adj. Sess.), § 21, eff. Feb. 14, 2014.
§ 173. Redesignated. 2013, No. 92 (Adj. Sess.), § 15, eff. Feb. 14, 2014.
§ 174. Repealed. 1981, No. 124 (Adj. Sess.), § 2, eff. March 2, 1982.
-
Subchapter 002: POSTSECONDARY SCHOOLS
§ 175. Postsecondary educational institutions; closing
(a) When an institution of higher education, whether or not chartered in this State, proposes
to discontinue the regular course of instruction, either permanently or for a temporary
period other than a customary vacation period, the institution shall:
(1) promptly inform the State Board;
(2) prepare the academic record of each current and former student in a form satisfactory
to the State Board and including interpretive information required by the Board; and
(3) deliver the records to a person designated by the State Board to act as permanent
repository for the institution’s records, together with the reasonable cost of entering
and maintaining the records.
(b) Persons acting as a repository may microfilm records received under this section.
(c) Students and former students of the discontinuing institution shall be entitled to
verified copies of their records upon payment of a reasonable fee.
(d) When an institution of higher education is unable or unwilling to comply substantially
with the record preparation and delivery requirements of subsection (a) of this section,
the State Board shall bring an action in Superior Court to compel compliance with
this section, and may in a proper case obtain temporary custody of the records.
(e) When an institution of higher education is unable or unwilling to comply with the
requirements of subsection (a) of this section, the State Board may expend State funds
necessary to ensure the proper storage and availability of the institution’s records.
The Attorney General shall then seek recovery under this subsection, in the name of
the State, of all of the State’s incurred costs and expenses, including attorney’s
fees, arising from the failure to comply. Claims under this subsection shall be a
lien on all the property of a defaulting institution, until all claims under this
subsection are satisfied. The lien shall take effect from the date of filing notice
thereof in the records of the town or towns where property of the defaulting institution
is located.
(f) The State Board shall adopt rules under this section for its proper administration.
The rules may include provisions for preparing and maintaining transferred records.
Persons acting as a repository of records are bound only by maintenance provisions
to which they agreed before receiving transferred records.
(g) The Association of Vermont Independent Colleges (AVIC) shall maintain a memorandum
of understanding with each of its member colleges under which each member college
agrees to:
(1) upon the request of AVIC, properly administer the student records of a member college
that fails to comply with the requirements of subsection (a) of this section; and
(2) contribute on an equitable basis and in a manner determined in the sole discretion
of AVIC to the costs of another AVIC member or other entity selected by AVIC maintaining
the records of a member college that fails to comply with the requirements of subsection
(a) of this section. (Added 1979, No. 49, § 1, eff. April 25, 1979; amended 2017, No. 49, § 36, eff. Oct. 1, 2017.)
§ 176. Postsecondary schools chartered in Vermont
(a) Applicability. Except as provided in subsection (d) of this section, any postsecondary school that
operates primarily or exclusively in the State of Vermont is subject to this section.
(b) Definitions. As used in this subchapter:
(1) “Postsecondary school” means any person who offers or operates a program of college
or professional education for credit or a degree and enrolls or intends to enroll
students.
(2) “Offer” includes the use in the name of an institution or in its promotional material
of a term such as “college,” “university,” or “institute” that is intended to indicate
that it is an institution that offers postsecondary education.
(3) “Degree” means any award that is given by a postsecondary school for completion of
a program or course and that is designated by the term degree, associate, bachelor,
baccalaureate, master’s, or doctorate, or any similar award that the State Board includes
by rule.
(4) “Operate” means to establish, keep, or maintain any facility or location from or through
which education is offered or given, or educational degrees are offered or granted.
The term includes contracting with any person to perform any such act.
(5) “Accredited” means accredited by any regional, national, or programmatic institutional
accrediting agency recognized by the U.S. Department of Education.
(c) State Board approval.
(1) Every postsecondary school that is subject to this section shall:
(A) apply for a certificate of approval from the State Board prior to registering its
name with the Secretary of State pursuant to Title 11, Title 11A, or Title 11B;
(B) apply for and receive a certificate of approval from the State Board prior to offering
postsecondary credit-bearing courses or programs and prior to admitting the first
student; and
(C) provide written notification to each applicant for admission or enrollment, on an
application, enrollment, or registration form to be signed by the applicant, that
credits earned at the school are transferable at the discretion of the receiving school.
(2) Every postsecondary school shall secure a certificate of degree-granting authority
from the State Board before it confers or offers to confer a degree.
(d) Exemptions. The following are exempt from the requirements of this section except for the requirements
of subdivision (c)(1)(C) of this section:
(1) Nondegree-granting and noncredit-granting programs of education sponsored by a trade,
labor, business, or professional organization that are conducted solely for that organization’s
membership or for members of the particular industries or professions served by that
organization.
(2) The University of Vermont and the Vermont State Colleges.
(3) Postsecondary schools currently licensed or approved by a Vermont State occupational
licensing board.
(4) Postsecondary schools that are accredited. The following postsecondary institutions
are accredited, meet the criteria for exempt status, and are authorized to operate
educational programs beyond secondary education, including programs leading to a degree
or certificate: Bennington College, Champlain College, Landmark College, Middlebury
College, Norwich University, Saint Michael’s College, SIT Graduate Institute, Sterling
College, Vermont College of Fine Arts, and Vermont Law and Graduate School. This authorization
is provided solely to the extent necessary to ensure institutional compliance with
federal financial aid-related regulations, and it does not affect, rescind, or supersede
any preexisting authorizations, charters, or other forms of recognition or authorization.
(5) Nondegree-granting and noncredit-granting postsecondary schools that offer only training
in specific trades or vocations.
(6) Religious instruction that does not result in earning credits or a degree.
(e) Issuance. On proper application, the State Board shall issue a certificate of approval or a
certificate of degree-granting authority, or both, to an applicant whose goals, objectives,
programs, and resources, including personnel, curriculum, finances, and facilities,
are found by the State Board to be adequate and appropriate for the stated purpose
and for the protection of students and the public interest. The certificate shall
be for a term not exceeding five years. The certificate may be subject to conditions,
terms, or limitations.
(f) Renewal. Certificates under this section may be renewed on application in the same manner as
originally issued.
(g) Revocation. Any certificate may be revoked by the State Board at any time for good cause relating
to the conditions, terms, and limitations of approval.
(h) Advice. Prior to any action taken by the State Board with respect to any application for degree-granting
authority, the Board shall obtain the advice of the Vermont Higher Education Council,
Incorporated.
(i) Rules; investigations. The Board may adopt rules and perform investigations in order to effectuate the purposes
of this section.
(j) Cessation. In the event that a postsecondary school does not comply with the provisions of subsection
(c) of this section or is denied the issuance of a certificate of approval or a certificate
of degree-granting authority, the postsecondary school shall forthwith cease to operate.
(k) Enforcement. The Attorney General, upon request of the State Board, may bring an action to enjoin
the operation of a postsecondary school that is operating in violation of this section.
(l) Violations. Any person, group, or entity, or any owner, officer, agent, or employee thereof, who
willfully violates subsection (c) or (j) of this section shall be fined not to exceed
$1,000.00 or imprisoned for not more than one year, or both. Each day’s violation
shall be a separate violation.
(m) Reciprocity. Nothing in this chapter shall prohibit the State from participating in any interstate
reciprocity agreement for the purpose of authorizing online postsecondary programs.
For purposes of reciprocity between states for institutional authorization, the Secretary,
or other Vermont agency as appropriate, shall investigate any complaints related to
Vermont institutions participating in a recognized interstate reciprocity agreement. (Added 1981, No. 124 (Adj. Sess.), § 1, eff. March 2, 1982; amended 1989, No. 263 (Adj. Sess.), § 1, eff. June 20, 1990; 2001, No. 19, § 1; 2003, No. 107 (Adj. Sess.), § 1; 2011, No. 58, § 19, eff. May 31, 2011; 2013, No. 92 (Adj. Sess.), § 23, eff. Feb. 14, 2014; 2013, No. 179 (Adj. Sess.), § E.500.4; 2017, No. 49, § 25, eff. May 23, 2017; 2021, No. 20, § 52; 2025, No. 72, § 3, eff. June 27, 2025.)
§ 176a. Postsecondary schools not chartered in Vermont
(a) Applicability. Except as provided in subsection (e) of this section, a postsecondary school that
operates primarily outside the State of Vermont, offers or operates a program of college
or professional education for credit or a degree, and wishes to operate in Vermont
is subject to this section and to subsections 176(g) through (l) of this title.
(b) [Repealed.]
(c) Requirements. A postsecondary school subject to this section shall:
(1) register its name with the Secretary of State pursuant to Title 11, 11A, or 11B;
(2) secure accreditation by any regional, national, or programmatic institutional accrediting
agency recognized by the U.S. Department of Education;
(3) apply for and receive a certificate of approval or a certificate of degree-granting
authority, or both pursuant to subsection 176(e) of this title prior to offering postsecondary credit-bearing courses or programs, admitting the
first student, or conferring or offering to confer a degree to a student enrolled
in its Vermont school;
(4) meet any requirements for approval in its state of primary operation for the specific
degree or credit-bearing course or program that it intends to offer in Vermont;
(5) register with the Agency pursuant to State Board rule; and
(6) provide written notification to each applicant for admission or enrollment, on an
application, enrollment, or registration form to be signed by the applicant, that
credits earned at the school are transferable at the discretion of the receiving school.
(d) Renewal. After receiving initial approval, a postsecondary school subject to this section shall
register annually with the State Board of Education by providing evidence of accreditation
and approval by the state in which it primarily operates and any other documentation
the Board requires. The State Board may refuse or revoke registration at any time
for good cause.
(e) Exemptions. The following are exempt from the provisions of this section:
(1) Nondegree-granting and noncredit-granting programs of education sponsored by a trade,
labor, business, or professional organization that are conducted solely for that organization’s
membership or for members of the particular industries or professions served by that
organization.
(2) Postsecondary schools currently licensed or approved by a Vermont occupational licensing
board.
(3) Nondegree-granting or noncredit-granting postsecondary schools that offer only training
in specific trades or vocations.
(4) Religious instruction that does not result in earning credits or a degree.
(5) Programs of education offered solely via correspondence, the Internet, or electronic
media, provided that the postsecondary school has no physical presence in Vermont.
Evidence of a “physical presence” includes the existence of administrative offices,
seminars conducted by a person who is physically present at the seminar location,
the provision of direct services to students, and required physical gatherings.
(6) Programs of education offered solely via the Internet or electronic media, provided
that the program’s home state has entered into an interstate reciprocity agreement
with Vermont and the program:
(A) is a member in good standing of the agreement within the home state; and
(B) has no “physical presence” in Vermont as that term is defined in the agreement. (Added 1989, No. 263 (Adj. Sess.), § 2, eff. June 20, 1990; amended 2001, No. 19, § 2; 2003, No. 107 (Adj. Sess.), § 2; 2011, No. 58, § 20, eff. May 31, 2011; 2013, No. 92 (Adj. Sess.), § 24, eff. Feb. 14, 2014; 2013, No. 179 (Adj. Sess.), § E.500.5.)
§ 177. Postsecondary approval; fees
(a) A postsecondary school subject to section 176 of this title shall pay:
(1) a fee of $4,000.00 for an application for approval to offer credit-bearing courses;
(2) a fee of $5,000.00 for an application for degree-granting authority if the postsecondary
school is approved to offer credit-bearing courses; and
(3) a fee of $7,500.00 if the school seeks approval under subdivisions (1) and (2) of
this subsection simultaneously.
(b) If a postsecondary school that is subject to section 176 of this title and is operating within an unexpired certification period files an application to
offer a new degree at the same level as a degree previously approved by the State
Board, then the fee shall be based upon the actual costs to the Agency but shall not
be less than $1,000.00 for each new degree.
(c) A postsecondary school subject to section 176a of this title shall pay:
(1) the fees set forth in subsection (a) of this section for initial review and approval
pursuant to subdivision 176a(c)(3) of this title;
(2) a fee of $1,000.00 for initial registration with the Agency pursuant to subdivision 176a(c)(5) of this title; and
(3) an annual fee of $500.00 to renew its registration to operate in Vermont pursuant
to subsection 176a(d) of this title.
(d) Fees assessed under this section are not refundable.
(e) Fees assessed under this section shall be credited to a special fund established and
managed pursuant to 32 V.S.A. chapter 7, subchapter 5, and shall be available to the Agency to offset the costs of approval. (Added 1989, No. 263 (Adj. Sess.), § 3, eff. June 20, 1990; amended 1997, No. 59, § 24, eff. June 30, 1997; 2003, No. 70 (Adj. Sess.), § 25, eff. March 1, 2004; 2011, No. 58, § 21, eff. May 31, 2011; 2013, No. 92 (Adj. Sess.), § 25, eff. Feb. 14, 2014.)
§ 178. Harassment and hazing prevention policies; postsecondary schools
(a) The board of trustees or other governing body of each postsecondary school operating
in Vermont shall adopt and ensure enforcement of a policy establishing that harassment
as defined in subdivision 11(a)(26) of this title is a form of unlawful discrimination and therefore prohibited. The board shall also
require the establishment of procedures to address complaints of discriminatory harassment
and to initiate educational programs designed to prevent such conduct.
(b) The board of trustees or other governing body of each postsecondary school operating
in Vermont shall adopt and ensure enforcement of a policy prohibiting hazing, which
shall define hazing in a manner that is at least as stringent as the definition contained
in subdivision 11(a)(30) of this title. The policy shall include penalties or sanctions, or both, for organizations that
or individuals who engage in hazing; revocation or suspension of an organization’s
permission to operate or exist within the institution’s purview if that organization
knowingly permits, authorizes, or condones hazing; and clear delineation of circumstances
under which hazing will be reported to a law enforcement agency. A summary of the
policy shall be distributed to all students at least annually. (Added 2009, No. 106 (Adj. Sess.), § 1, eff. May 13, 2010; amended 2013, No. 92 (Adj. Sess.), § 26.)
§ 179. Repealed. 2003, No. 78 (Adj. Sess.), § 1.
§ 180. Student rights—Freedom of expression
(a)(1) The General Assembly finds that freedom of expression and freedom of the press are
fundamental principles in our democratic society granted to every citizen of the nation
by the First Amendment to the U.S. Constitution and to every resident of this State by Vt. Const. Ch. I, Art. 13.
(2) These freedoms provide all citizens, including students, with the right to engage
in robust and uninhibited discussion of issues.
(3) The General Assembly intends to ensure free speech and free press protections for
both public school students and students at public institutions of higher education
in this State in order to encourage students to become educated, informed, and responsible
members of society.
(b) As used in this chapter:
(1) “Media adviser” means an individual employed, appointed, or designated by a school
or its governing body to supervise or provide instruction relating to school-sponsored
media.
(2) “School” means a public postsecondary school operating in the State.
(3) “School-sponsored media” means any material that is prepared, written, published,
or broadcast as part of a school-supported program or activity by a student journalist
and is distributed or generally made available as part of a school-supported program
or activity to an audience beyond the classroom in which the material is produced.
(4) “Student journalist” means a student enrolled at a school who gathers, compiles, writes,
edits, photographs, records, or prepares information for dissemination in school-sponsored
media.
(5) “Student supervisor” is a student who is responsible for editing school-sponsored
media.
(c)(1) Subject to subsection (e) of this section, a student journalist may exercise freedom
of speech and freedom of the press in school-sponsored media.
(2) Subdivision (1) of this subsection shall not be construed to be limited by the fact
that the school-sponsored media are:
(A) supported financially by a school or its governing body, or by use of facilities owned
by the school; or
(B) produced in conjunction with a class in which the student journalist is enrolled.
(d)(1) Subject to subsection (e) of this section, the student supervisors of school-sponsored
media are responsible for determining the content of their respective media.
(2) Subject to subdivision (1) of this subsection, a media adviser may teach professional
standards of English and journalism to student journalists.
(e) This section shall not be construed to authorize or protect content of school-sponsored
media that:
(1) is libelous or slanderous;
(2) constitutes an unwarranted invasion of privacy;
(3) may be defined as obscene, gratuitously profane, threatening, or intimidating;
(4) may be defined as harassment, hazing, or bullying under section 11 of this title;
(5) violates federal or State law; or
(6) creates the imminent danger of materially or substantially disrupting the ability
of the school to perform its educational mission.
(f) Absent a showing that a particular publication will cause direct, immediate, and irreparable
harm that would warrant the issuance of a prior restraint order against the private
media, school officials are not authorized to censor or subject to prior restraint
the content of school-sponsored media. Content shall not be suppressed solely because
it involves political or controversial subject matter or is critical of the school
or its administration.
(g) A student journalist may not be disciplined for acting in accordance with this section.
(h) A media adviser may not be dismissed, suspended, disciplined, reassigned, or transferred
for:
(1) taking reasonable and appropriate action to protect a student journalist for engaging
in conduct protected by this section; or
(2) refusing to infringe on conduct that is protected by this section, by the first amendment to the U.S. Constitution, or by the Vermont Constitution.
(i) Each school or its governing body shall adopt a written policy consistent with the
provisions of this section.
(j) No expression made by students in school-sponsored media shall be deemed to be an
expression of school policy. (Added 2017, No. 49, § 47, eff. May 23, 2017; amended 2021, No. 20, § 53.)
§ 183. Intercollegiate Sexual Harm Prevention Council
(a) Creation. There is created the Intercollegiate Sexual Harm Prevention Council to create a coordinated
response to campus sexual harm across institutions of higher learning in Vermont.
(b) Membership.
(1) The Council shall be composed of the following members:
(A) a Title IX coordinator and a campus-based sexual harm prevention/education coordinator
from an institution of higher learning, appointed by the Chancellor of the Vermont
State Colleges;
(B) a Title IX coordinator and a campus-based sexual harm prevention/education coordinator
from an institution of higher learning, appointed by the President of the University
of Vermont;
(C) a Title IX coordinator and a campus-based sexual harm prevention/education coordinator
from an institution of higher learning, appointed by the President of the Association
of Vermont Independent Colleges;
(D) two community-based sexual violence advocates, appointed by the Network Against Domestic
and Sexual Violence;
(E) two law enforcement or public safety representatives with experience responding to
and investigating campus sexual violence, appointed by the Commissioner of Public
Safety;
(F) three college students, at least one of whom has lived experience as a sexual violence
survivor and one who represents a campus-based racial justice organization, appointed
by the Center for Crime Victim Services;
(G) a person with expertise in sexual violence responses within the lesbian, gay, bisexual,
transgender, and queer community, appointed by the Center for Crime Victim Services;
(H) a sexual assault nurse examiner, appointed by the Network Against Domestic and Sexual
Violence;
(I) a prosecutor with experience in prosecuting sexual violence cases from either the
Department of State’s Attorneys and Sheriffs or the Office of the Attorney General,
appointed by the Attorney General; and
(J) an attorney with experience in sexual violence cases, appointed by the Defender General.
(2) To ensure a council that is reflective of Vermont’s college campuses, appointing authorities
shall consider diversity when making appointments to the Council.
(c) Duties. The Council shall:
(1) review the recommendations from the Report of the Vermont Campus Sexual Harm Task
Force and develop prevention solutions to sexual harm based on those recommendations;
(2) implement interdisciplinary planning and information sharing to support sexual violence
prevention programs on every college campus in Vermont;
(3) undertake an annual review of trends in aggregate data collected by institutions of
higher learning regarding sexual violence on college campuses in Vermont;
(4) identify and share effective practices on violence prevention, sexual health education,
and strategies for mitigating sexual harm and secondary impacts of sexual harm on
college campuses in Vermont;
(5) identify campus-wide activities, publications, and services that promote a campus
culture of respect to support the prevention of sexual harm;
(6) recommend statutory protections to the General Assembly not later than November 1,
2021 to ensure that survivors of sexual harm are not punished for reporting an incident
of sexual violence due to alcohol, drug use, or other minor conduct violations occurring
at or around the time of an assault; and
(7) create or promote annual training opportunities addressing prevention and sexual assault
response processes open to representatives from all Vermont postsecondary schools.
(d) Assistance. The Council shall have the administrative and technical assistance of the Network
Against Domestic and Sexual Violence.
(e) Report. On or before December 1, 2022 and annually thereafter, the Council shall submit a
written report to the General Assembly with a summary of activities and any recommendations
for legislative action.
(f) Meetings.
(1) The Network Against Domestic and Sexual Violence shall call the first meeting of the
Council to occur on or before July 15, 2021.
(2) The Council shall select a chair from among its members at the first meeting.
(3) A majority of the membership shall constitute a quorum.
(4) The Council shall meet quarterly.
(5) Members who are not otherwise compensated by the member’s employer for attendance
at meetings shall be entitled to per diem compensation and reimbursement of expenses
as permitted under 32 V.S.A. § 1010. These payments shall be made from monies appropriated to the Network Against Domestic
and Sexual Violence for such purposes. (Added 2021, No. 68, § 6, eff. June 8, 2021; renumbered from 16 V.S.A. § 2187 by 2023, No. 114, § 5; amended 2023, No. 114 (Adj. Sess.), § 5, eff. July 1, 2024.)
§ 184. Student access to confidential sexual misconduct support services; collaboration with
external partners
(a) Postsecondary schools shall ensure students have access to confidential sexual misconduct
support services covered by victim and crisis worker privilege under applicable law,
either on or off campus. Nothing in this subsection shall be construed to prohibit
a postsecondary school from also facilitating student access to support services not
covered by a victim and crisis worker privilege.
(b) If a postsecondary school is working with an external provider to provide confidential
support services on its behalf, pursuant to subsection (a) of this section, and those
support services are beyond those the external provider may provide as a matter of
course to the general public, the postsecondary school shall enter into, and maintain,
an agreement with the external provider. Agreements may address:
(1) assistance in development or delivery of programming and training regarding sexual
misconduct involving students;
(2) collaborative marketing to make the campus community aware of the availability of
confidential services from the external provider, either on or off campus, such as
sexual assault crisis services, domestic violence crisis services, and sexual assault
nurse examiner services;
(3) reciprocal education of school and external provider personnel to ensure a mutual
understanding of the other’s role, responsibilities, and processes for receiving disclosures
of sexual misconduct, the provision of support services, and options for resolution;
(4) reporting of data as required by federal law, if applicable, as well as reporting
of de-identified aggregate information that will aid the school in identifying and
addressing trends of concern; and
(5) use of school-provided space to meet confidentially with members of the campus community.
(c) All agreements executed pursuant to subsection (b) of this section shall be independently
negotiated between the postsecondary school and external providers. (Added 2023, No. 114 (Adj. Sess.), § 1, eff. July 1, 2024.)
§ 185. Amnesty protections
Postsecondary schools shall create and adopt an amnesty policy that prohibits disciplinary
action against a student reporting or otherwise participating in a school sexual misconduct
resolution process for alleged ancillary policy violations related to the sexual misconduct
incident at issue; provided, however, the school may take disciplinary action if it
determines that the conduct giving rise to the alleged ancillary policy violation
placed or threatened to place the health and safety of another person at risk. This
policy shall not be construed to limit a counter-complaint made in good faith or to
prohibit action as to a report made in good faith. (Added 2023, No. 114 (Adj. Sess.), § 2, eff. July 1, 2024.)
§ 186. Annual awareness programming and training
(a) A postsecondary school shall offer annual trauma-informed, inclusive, and culturally
relevant sexual misconduct primary prevention and awareness programming to all students,
staff, and faculty of the school. Primary prevention and awareness programming shall
address, in a manner appropriate for the audience:
(1) an explanation of consent as it applies to sexual activity and sexual relationships;
(2) the role drugs and alcohol play in an individual’s ability to consent;
(3) information about on and off-campus options for reporting of an incident of sexual
misconduct, including confidential and anonymous disclosure mechanisms, and the effects
of each option;
(4) information on the school’s procedures for resolving sexual misconduct complaints
and the range of sanctions the school may impose on those found responsible for a
violation;
(5) the name and contact information of school officials responsible for coordination
of supportive measures and an overview of the types of supportive measures available;
(6) the name, contact information, and services of confidential resources, on and off
campus;
(7) strategies for bystander intervention and risk reduction;
(8) how to directly access health services, mental health services, and confidential resources
both on and off-campus;
(9) opportunities for ongoing sexual misconduct prevention and awareness training and
programming; and
(10) best practices for responding to disclosures of sexual misconduct.
(b) Information on the training topics contained in subsection (a) of this section, including
on and off-campus supportive measures for reporting parties, shall be available in
a centrally located place on the schools’ website.
(c) Schools shall endeavor to collaborate with community partners, such as local and statewide
law enforcement, local and statewide prosecution offices, health care service providers,
confidential service providers, and other relevant stakeholders, regarding the inclusion
of appropriate information about the relevant stakeholders’ respective roles and offerings
in primary prevention and awareness programming. (Added 2023, No. 114 (Adj. Sess.), § 3, eff. July 1, 2024.)