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Subchapter 001: SECRETARY OF EDUCATION
§§ 201-204. Repealed. 1969, No. 298 (Adj. Sess.), § 79.
§ 205. Repealed. 1961, No. 31, § 3.
§ 211. Repealed. 2011, No. 98 (Adj. Sess.), § 6, eff. January 1, 2013.
§ 212. Secretary’s duties generally
The Secretary shall execute those policies adopted by the State Board in the legal
exercise of its powers and shall:
(1) Coordinate the educational work of the public schools with higher education in the
State.
(2) Identify the educational goals of the public schools, provide alternative methods
of attaining those goals, and promote education in the State.
(3) Evaluate the program of instruction in the public schools.
(4) Advise the General Assembly concerning proposed laws affecting the public schools.
(5) Supervise and direct the execution of the laws relating to the public schools and
ensure compliance.
(6) Supervise the expenditure and distribution of all money appropriated by the State
under the provisions of this title for public schools.
(7) Arrange conferences and summer schools for superintendents and teachers and employ
suitable speakers, lecturers, and instructors for the same; fix the amount of tuition
for the instruction; provide for educational gatherings, institutes, summer schools,
and other supplementary educational activities; and provide for cooperation with the
Board of Libraries established by 22 V.S.A. § 602 or the State Librarian.
(8) Inform citizens of the condition of and opportunities within the public education
system and provide other educational publicity for the enlightenment and well-being
of the citizens of the State.
(9) Establish requirements for information to be submitted by school districts, including
necessary statistical data and other information and ensure, to the extent possible,
that data are reported in a uniform way. Data collected under this subdivision shall
include budget surplus amounts, reserve fund amounts, and information concerning the
purpose and use of any reserve funds.
(10) Make recommendations to school boards regarding transportation policies.
(11) Provide an educational facilities planning service to make available technical assistance
and comprehensive information on school construction, school systems design, component
technology and suppliers, and similar subjects to public schools, school districts,
and independent schools, for the purpose of helping them to achieve flexibility and
economy in construction, to retain the potential for modification and expansion of
educational facilities, and to attain the lowest maintenance costs consistent with
educational needs.
(12) Distribute at his or her discretion upon request to approved independent schools appropriate
forms and materials relating to the education quality standards for elementary and
secondary students.
(13) Ensure the provision of services to children and adolescents with a severe emotional
disturbance in coordination with the Departments of Mental Health, for Children and
Families, and of Disabilities, Aging, and Independent Living pursuant to the provisions
of 33 V.S.A. chapter 43.
(14) Annually, communicate to each superintendent a list of information that a supervisory
union, a school board, a school district, a school, a school district employee, or
a supervisory union employee is required under State or federal law to make available
to the electorate, community members, parents, or students. It is the intent of this
subdivision that the Secretary shall make a good faith effort to compile a complete
list of the information to be made available. Due to the difficult nature of compiling
such a list, it is also the intent that failure to include relevant information on
the list shall not constitute grounds for an action against the Secretary.
(15) Annually, with the Commissioner of Health, shall jointly inform superintendents and
principals of appropriate practices regarding students with life-threatening allergies
and chronic illnesses; and prepare and distribute policies, training materials, and
school guidelines for managing students with life-threatening allergies and chronic
illnesses, including family responsibilities, school responsibilities, and student
responsibilities.
(16) Annually, convene a meeting of directors of Vermont educator preparation programs
and representatives of school boards, superintendents, principals, educators, and
the Vermont Standards Board to determine subject and geographic areas in which there
is a critical need for educators and to discuss ways to meet the need.
(17) Encourage and facilitate collaboration among school districts and supervisory unions
to share information and expertise regarding low-incidence special education needs.
(18) Annually, inform superintendents and principals of regional resources available to
assist schools to provide instruction in cardiopulmonary resuscitation and the use
of automated external defibrillators and provide updated information to the education
community regarding the provision of a comprehensive health education.
(19) Establish an information clearinghouse and accessible database to help districts share
information about educational programs and practices that improve student performance.
Educational programs and practices include those designed to create and sustain a
safe learning environment.
(20) Develop, in consultation with the Secretary of State, and make available to school
boards sample ballot language for issues that may be decided by Australian ballot
and for which no statutory language exists.
(21) Prepare a budget for the Agency and submit it to the Governor after review by the
State Board.
(22) Annually, prior to September 1, present the Governor’s education policy priorities
to the State Board. (Added 1969, No. 298 (Adj. Sess.), § 26; amended 1977, No. 224 (Adj. Sess.); 1987, No. 264 (Adj. Sess.), § 3; 1989, No. 187 (Adj. Sess.), § 5; 1991, No. 24, § 11; 1999, No. 108 (Adj. Sess.), § 1, eff. May 10, 2000; 2005, No. 127 (Adj. Sess.), § 1; 2005, No. 158 (Adj. Sess.), § 2; 2005, No. 214 (Adj. Sess.), § 1; 2007, No. 82, § 25; 2011, No. 58, § 8, eff. May 31, 2011; 2011, No. 98 (Adj. Sess.), § 5, eff. April 1, 2013; 2011, No. 129 (Adj. Sess.), § 1, eff. May 11, 2012; 2011, No. 151 (Adj. Sess.), § 2, eff. May 16, 2012; 2013, No. 92 (Adj. Sess.), § 28, eff. Feb. 14, 2014; 2015, No. 23, § 20; 2015, No. 132 (Adj. Sess.), § 5, eff. July 1, 2019; 2019, No. 131 (Adj. Sess.), § 56; 2021, No. 66, § 4, eff. June 7, 2021.)
§ 213. Deputy secretaries
The Secretary shall employ such number of deputy secretaries as he or she deems necessary. (Added 1969, No. 298 (Adj. Sess.), § 26; amended 2013, No. 92 (Adj. Sess.), § 29, eff. Feb. 14, 2014.)
§ 214. Repealed. 1997, No. 163 (Adj. Sess.), § 5.
§ 215. Challenge to Excellence grants
(a) Purpose and findings. It is a goal of the General Assembly to promote quality education for every Vermont
child and to create an opportunity for every Vermont student to achieve his or her
personal best, while respecting divergent student goals and personal learning styles
and abilities. The General Assembly finds that a school’s climate for learning is
improved when parents, community members, and business leaders actively participate
in promoting educational opportunities for every student. Further, it is the compassion
and innovation of individual teachers and school personnel that often create the impetus
for students to achieve excellence in education.
(b) Grant Program. The Secretary shall establish and implement a Challenge to Excellence Grant Program
for the purpose of promoting quality education for Vermont students. Eligible applicants
include Vermont public schools, including regional career technical centers, and Vermont
supervisory unions on behalf of a school or schools. All proposals shall be to develop
or carry out a comprehensive plan, which may be an action plan pursuant to subdivision 165(a)(1) of this title, to create educational opportunities for each student within the school. Any plan
shall be developed with the involvement of parents and other community members, staff,
and business representatives and shall be designed to assist students in meeting State
Board and school board standards. Grants shall be for up to $50,000.00 and shall include
a 1-1 match from other sources of funding, including grants from businesses, foundations,
or other federal or local funding. Priority shall be given to schools that the Secretary
finds are having difficulty meeting the quality standards listed in subsection 165(a) of this title or are making insufficient progress in improving student performance in relation
to the standards set forth in subdivision 164(9) of this title. Eligible activities include:
(1) a comprehensive planning and goal-setting process to promote a quality education for
all students within the school;
(2) activities to carry out a comprehensive plan to promote quality education for students
within the school; and
(3) innovative methods to create educational opportunities for students according to a
comprehensive plan, including special classes and activities; mentorship; summer institutes
on math, science, reading and language arts, social studies, service, the arts, or
technology; partnerships for learning with businesses, postsecondary schools, and
community organizations; tutorials; programs for at-risk or gifted students; and guidance,
peer counseling, and career planning activities. (Added 1997, No. 60, § 7, eff. June 26, 1997; amended 2013, No. 92 (Adj. Sess.), § 30, eff. Feb. 14, 2014; 2021, No. 20, § 54.)
§ 216. Redesignated. 2013, No. 92 (Adj. Sess.), § 5, eff. Feb. 14, 2014.
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Subchapter 002: SUPERINTENDENTS
§ 241. Appointment
(a) Each supervisory union board, with the advice of the Secretary, may employ a superintendent
of schools.
(b) A superintendent shall be employed by written contract for a term not to exceed five
years nor less than one year and shall work the number of hours required by contract,
performing the duties designated in the contract or assigned by the board. A superintendent
of schools may be dismissed for cause or as specified in the contract of employment.
(c) Not later than May 15 of a year in which an incumbent superintendent’s contract of
employment expires, the supervisory union board shall meet to renew or act otherwise
upon the superintendent’s contract. If a supervisory union employs a superintendent,
the supervisory union board shall specify and assign the duties of a superintendent.
If the supervisory union board does not hire a superintendent, the board may assign
any duties assigned to the superintendent under this title to the school principal
or principals in the supervisory union or to other qualified persons designated by
the board. (Added 1969, No. 298 (Adj. Sess.), § 27; amended 1991, No. 181 (Adj. Sess.), § 1; 1995, No. 185 (Adj. Sess.), § 82, eff. Jan. 1, 1998; 2013, No. 92 (Adj. Sess.), § 31, eff. Feb. 14, 2014.)
§ 242. Duties of superintendents
The superintendent shall be the chief executive officer for the supervisory union
board and for each school board within the supervisory union, and shall:
(1) Carry out the policies adopted by the school boards relating to the educational or
business affairs of the school district or supervisory union, and develop procedures
to do so.
(2) Prepare, for adoption by a local school board, plans to achieve the educational goals
and objectives established by the school district.
(3)(A) Nominate a candidate for employment by the school district or supervisory union if
the vacant position requires a licensed employee; provided, if the appropriate board
declines to hire a candidate, then the superintendent shall nominate a new candidate;
(B) select nonlicensed employees to be employed by the district or supervisory union;
and
(C) dismiss licensed and nonlicensed employees of a school district or the supervisory
union as necessary, subject to all procedural and other protections provided by contract,
collective bargaining agreement, or provision of State and federal law.
(4)(A) Provide data and information required by the Secretary and by using a format approved
by the Secretary to:
(i) Report budgetary data for the subsequent school year and fiscal year.
(ii) Report all financial operations within the supervisory union to the Secretary and
State Board for the preceding school year on or before August 15 of each year.
(iii) Report all financial operations for each member school district to the Secretary and
State Board for the preceding school year on or before August 15 of each year.
(B) Prepare for each district an itemized report detailing the portion of the proposed
supervisory union budget for which the district would be assessed for the subsequent
school year identifying the component costs by category and explaining the method
by which the district’s share for each cost was calculated; and provide the report
to each district at least 14 days before a budget, including the supervisory union
assessment, is voted on by the electorate of the district.
(5) Work with the school boards of the member districts to develop and implement policies
regarding minimum and optimal average class sizes for regular and career technical
education classes. The policies may be supervisory union-wide, may be course- or grade-specific,
and may reflect differences among school districts due to geography or other factors.
(6) Arrange for the provision of the professional training required in subsection 561(b) of this title.
(7) Provide for the general supervision of the public schools in the supervisory union
or district. (Added 2003, No. 36, § 1; amended 2009, No. 153 (Adj. Sess.), § 10, eff. June 3, 2010; 2009, No. 153 (Adj. Sess.), § 15; 2013, No. 56, § 12, eff. May 30, 2013; 2013, No. 92 (Adj. Sess.), § 32, eff. Feb. 14, 2014; 2018, No. 11 (Sp. Sess.), § E.500.2.)
§ 242a. Internal financial controls
(a) The superintendent or his or her designee shall annually, on or before December 31,
complete and provide to the supervisory union board and to all member district boards
a copy of the document regarding internal financial controls made available by the
Auditor of Accounts pursuant to 32 V.S.A. § 163(11).
(b) The supervisory union board shall review the document provided by the superintendent
within two months of receiving it. (Added 2011, No. 155 (Adj. Sess.), § 29.)
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Subchapter 003: PRINCIPALS
§ 243. Appointment; renewal; dismissal
(a) Appointment. The school board of each school district operating a school, after recommendation
by the superintendent, may designate a person as principal for each public school
within the district, except that a principal may be selected to serve more than one
school. In the case of a career technical center, only the school board that operates
the center may designate a person as director. For purposes of this section, the word
“principal” shall include a principal and the director of career technical education,
and the term “public school” shall include a career technical center.
(b) Length of contract. The principal shall be employed by written contract for a term of not less than one
year nor more than three years.
(c) Renewal and nonrenewal. A principal who has been continuously employed for more than two years in the same
position has the right either to have his or her contract renewed, or to receive written
notice of nonrenewal on or before February 1 of the year in which the existing contract
expires. Nonrenewal may be based upon elimination of the position, performance deficiencies,
or other reasons. The written notice shall recite the grounds for nonrenewal. If nonrenewal
is based on performance deficiencies, the written notice shall be accompanied by an
evaluation performed by the superintendent. At its discretion, the school board may
allow a period of remediation of performance deficiencies prior to issuance of the
written notice. After receiving such a notice, the principal may request in writing,
and shall be granted, a meeting with the school board. Such request shall be delivered
within 15 days of delivery of notice of nonrenewal, and the meeting shall be held
within 15 days of delivery of the request for a meeting. At the meeting, the school
board shall explain its position, and the principal shall be allowed to respond. The
principal and any member of the board may present written information or oral information
through statements of others, and the principal and the board may be represented by
counsel. The meeting shall be in executive session unless both parties agree in writing
that it be open to the public. After the meeting, the school board shall decide whether
or not to offer the principal an opportunity to renew his or her contract. The school
board shall issue its decision in writing within five days. The decision of the school
board shall be final.
(d) Dismissal. During the term of a contract, a principal may be dismissed by the board for just
and sufficient cause by written notice setting forth the grounds therefor. The board
may provide that its order shall take effect immediately, or following a hearing.
In either case, the principal shall be given an opportunity to request in writing
a hearing within the 15 days following delivery of the notice. Within 15 days following
receipt of a request for hearing from the principal, the board shall conduct such
a hearing. The clerk of the board shall advise the principal and the superintendent
of the time and place of hearing by written notice at least five days before the date
of the hearing. The hearing shall be in executive session unless both parties agree
in writing that it be open to the public. The principal and any member of the board
may present witnesses and written evidence and cross-examine witnesses, and the principal
and the board may be represented by counsel. Either the principal or the school board
may arrange for the taking of a verbatim record of the proceedings. After the hearing,
the board shall affirm, modify, or reverse its earlier action. Within five days after
the conclusion of evidence in the case, the board shall issue a written decision that
includes findings of fact and conclusions of law. Within 30 days of the day the written
decision is delivered, the principal may appeal to the Superior Court under the rules
for appeals from decisions in contested cases.
(e) Inclusion in contract. Every principal’s contract shall be deemed to contain the provisions of this section.
Any contract provision to the contrary is without effect. (Added 1977, No. 133 (Adj. Sess.); amended 1985, No. 164 (Adj. Sess.); 1989, No. 243 (Adj. Sess.), § 1; 1991, No. 204 (Adj. Sess.), § 7; 2017, No. 49, § 24, eff. May 23, 2017.)
§ 244. Duties of principals
(a) The principal shall perform all duties specifically assigned by law or by the superintendent
of the school district including the administration of policies adopted by the school
board. The principal shall be answerable to the superintendent in the performance
of his or her duties.
(b) Without the approval of the State Board, secondary school principals shall not be
charged with supervisory responsibility outside the secondary school. (Amended 1983, No. 119 (Adj. Sess.), § 1; 1987, No. 228 (Adj. Sess.), § 4; 2013, No. 92 (Adj. Sess.), § 33, eff. Feb. 14, 2014.)
§ 245. Principals; technical center directors; mentoring
(a) When a school district hires a principal or a career technical center director who
has not been employed previously in that capacity, the superintendent serving the
district, in consultation with the Vermont Principals’ Association, shall work to
ensure that the new principal or technical center director receives mentoring supports
during at least the first two years of employment. Mentoring supports shall be consistent
with best practices, research-based approaches, or other successful models, and shall
be identified jointly by the Vermont Principals’ Association and the Vermont Superintendents
Association.
(b) When a school district hires a principal or career technical center director identified
in subsection (a) of this section, the district shall allocate sufficient funds annually
in the first two years of employment toward the cost of providing the mentoring supports
from one or more of the following sources:
(1) funds allocated by the district for professional development;
(2) grant monies obtained for the purpose of providing mentoring supports;
(3) State funds appropriated for the purpose of providing mentoring supports; or
(4) other sources.
(c) This section shall not be interpreted to prohibit or discourage a superintendent from
working to ensure that any administrator other than those identified in subsection
(a) of this section receives mentoring supports. (Added 2011, No. 20, § 1, eff. May 11, 2011.)
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Subchapter 004: ACCESS TO CRIMINAL RECORDS
§ 251. Policy
It is the policy of the State of Vermont to use criminal record checks to deter abuse
and exploitation of school children and to do so in a manner that protects, as much
as is practicable, the privacy of those subject to such checks. (Added 1997, No. 163 (Adj. Sess.), § 1.)
§ 252. Definitions
As used in this subchapter:
(1) “Criminal record” means the record of:
(A) convictions in Vermont, including whether any of the convictions is an offense listed
in 13 V.S.A. § 5401(10) (sex offender definition for registration purposes); and
(B) convictions in other jurisdictions recorded in other state repositories or by the
Federal Bureau of Investigation (FBI).
(2) “School board” means the board of school directors of a school district or its equivalent
in any independent school.
(3) “School district” means, unless the context otherwise clearly requires, a school district
or a supervisory union.
(4) “Unsupervised” means not in the presence of a responsible adult in the employ of or
under the direction of the independent school or school district.
(5) “User agreement” means an agreement between the Vermont Crime Information Center and
a party requesting and receiving criminal record information that requires the party
to comply with all federal and State laws, rules, regulations, and policies regulating
the release of criminal record information and the protection of individual privacy. (Added 1997, No. 163 (Adj. Sess.), § 1; amended 2005, No. 54, § 17; 2009, No. 1, § 6b; 2009, No. 108 (Adj. Sess.), § 2.)
§ 253. Confidentiality of records
(a) Criminal records and criminal record information received under this subchapter are
designated confidential unless, under State or federal law or regulation, the record
or information may be disclosed to specifically designated persons.
(b) The Secretary, a superintendent, or a headmaster may disclose criminal records and
criminal record information received under this subchapter to a qualified entity upon
request, provided that the qualified entity has signed a user agreement and received
authorization from the subject of the record request. As used in this section, “qualified
entity” means an individual, organization, or governmental body doing business in
Vermont that has one or more individuals performing services for it within the State
and that provides care or services to children, persons who are elders, or persons
with disabilities as defined in 34 U.S.C. § 40104.
(c) In accordance with 21 V.S.A. § 306, a board member, superintendent, or headmaster shall not enter into on behalf of
a supervisory union, school district, or recognized or approved independent school
a confidential employment separation agreement that inhibits the disclosure to prospective
employers and responsible licensing entities of factual information about a prospective
employee’s background that would lead a reasonable person to conclude that the prospective
employee has engaged in conduct jeopardizing the safety of a minor. Notwithstanding
any provision of law to the contrary under 33 V.S.A. chapter 49, a board member, superintendent,
or headmaster and employees of a supervisory union, school district, or recognized
or approved independent school shall provide factually correct information concerning
a former employee’s employment record with the supervisory union, school district,
or recognized or approved independent school to a prospective employer of that individual
if requested by the prospective employer. Nothing in this subsection shall permit
the disclosure of information that is prohibited from disclosure by subsection (b)
of this section. Notwithstanding any provision of law to the contrary, a person shall
not be subject to civil or criminal liability for disclosing information that is required
by this section to be disclosed if the person was acting in good faith. This immunity
from liability shall not apply when the information supplied by a person is knowingly
false or rendered with a malicious purpose. (Added 1997, No. 163 (Adj. Sess.), § 1; amended 2013, No. 56, § 7c, eff. May 30, 2013; 2018, No. 5 (Sp. Sess.), § 2, eff. June 19, 2018; 2021, No. 20, § 55.)
§ 254. Educator licensure; employment of superintendents
(a) The Secretary shall sign and keep a user agreement with the Vermont Crime Information
Center.
(b) The Secretary shall request and obtain from the Vermont Crime Information Center the
criminal record for any person applying for an initial license as a professional educator
or for reinstatement of a license that has lapsed pursuant to subdivision 256(a)(1)(C) of this title or for any person who is offered a position as superintendent of schools in Vermont.
(c) A request made under subsection (b) of this section shall be accompanied by a release
signed by the person on a form provided by the Vermont Crime Information Center, a
set of the person’s fingerprints, and a fee established by the Vermont Crime Information
Center that shall reflect the cost of obtaining the record. The fee shall be paid
by the applicant. The release form to be signed by the applicant shall include a statement
informing the applicant of:
(1) the right to challenge the accuracy of the record by appealing to the Vermont Crime
Information Center pursuant to rules adopted by the Commissioner of Public Safety;
and
(2) the Secretary of Education’s policy regarding maintenance and destruction of records
and the person’s right to request that the record or notice be maintained for purposes
of using it to comply with future criminal record check requests made pursuant to
section 256 of this title.
(d) Upon completion of a criminal record check required by subsection (b) of this section,
the Vermont Crime Information Center shall send to the Secretary either a notice that
no record exists or a copy of the record. If a copy of a criminal record is received,
the Secretary shall forward it to the person and shall inform the person in writing
of:
(1) the right to challenge the accuracy of the record by appealing to the Vermont Crime
Information Center pursuant to rules adopted by the Commissioner of Public Safety;
and
(2) the Secretary of Education’s policy regarding maintenance and destruction of records
and the person’s right to request that the record or notice be maintained for purposes
of using it to comply with future criminal record check requests made pursuant to
section 256 of this title.
(e) The Secretary shall request and obtain information from the Child Protection Registry
maintained by the Department for Children and Families and from the Vulnerable Adult
Abuse, Neglect, and Exploitation Registry maintained by the Department of Disabilities,
Aging, and Independent Living (collectively, the Registries) for any person for whom
a criminal record check is required under subsection (b) of this section and shall
request updated information for any person seeking renewal of a professional educator’s
license. The Departments for Children and Families and of Disabilities, Aging, and
Independent Living shall adopt rules governing the process for obtaining information
from the Registries and for disseminating and maintaining records of that information
under this subsection. A person denied a license based upon information acquired under
this subsection may appeal the decision pursuant to subsection 1696(f) of this title.
(f) A person convicted of a sex offense that requires registration pursuant to 13 V.S.A. chapter 167, subchapter 3 shall not be eligible for an initial license as a professional educator,
renewal of a license, reinstatement of a lapsed license, or employment as a superintendent
of schools in Vermont under this section. (Added 1997, No. 163 (Adj. Sess.), § 1; amended 2005, No. 182 (Adj. Sess.), § 18; 2009, No. 1, § 4, eff. Dec. 31, 2010; 2013, No. 56, § 6, eff. May 30, 2013; 2013, No. 119 (Adj. Sess.), § 12.)
§ 255. Public and independent school employees; contractors
(a) Superintendents, headmasters of recognized or approved independent schools, and their
contractors shall request criminal record information for the following:
(1) the person a superintendent or headmaster is prepared to recommend for any full-time,
part-time, or temporary employment;
(2) any person directly under contract to an independent school or school district who
may have unsupervised contact with school children;
(3) any employee of a contractor under contract to an independent school or school district
who is in a position that may result in unsupervised contact with school children;
(4) any student working toward a degree in teaching who is a student teacher in a school
within the superintendent’s or headmaster’s jurisdiction.
(b) After signing a user agreement, a superintendent or a headmaster shall make a request
directly to the Vermont Crime Information Center. A contractor shall make a request
through a superintendent or headmaster.
(c) A request made under subsection (b) of this section shall be accompanied by a set
of the person’s fingerprints and a fee established by the Vermont Crime Information
Center that shall reflect the cost of obtaining the record from the FBI. The fee shall
be paid in accordance with adopted school board policy.
(d)(1) Upon completion of a criminal record check, the Vermont Crime Information Center shall
send to the superintendent a notice that no record exists or, if a record exists,
a copy of any criminal record.
(2) Upon completion of a criminal record check, the Vermont Crime Information Center shall
send to the headmaster a notice that no record exists or, if a record exists:
(A) A copy of Vermont criminal convictions.
(B) A notice of any criminal record that is located in either another state repository
or FBI records, but not a record of the specific convictions. However, if there is
a record relating to any crimes of a sexual nature involving children, the Vermont
Crime Information Center shall send this record to the Secretary who shall notify
the headmaster in writing, with a copy to the person about whom the request was made,
that the record includes one or more convictions for a crime of a sexual nature involving
children.
(e) Information received by a superintendent or headmaster under subsection (d) of this
section shall be forwarded as follows:
(1) In the case of a request other than one made on behalf of a contractor, the superintendent
or headmaster shall forward a copy of the information to the person about whom the
request was made.
(2) In the case of a request made on behalf of a contractor, the superintendent or headmaster
shall inform the contractor in writing either that no record exists or that a record
does exist but shall not reveal the content of the record to the contractor. The contractor
shall then forward a copy of the information received to the person about whom the
request was made.
(f) Information sent to a person by the Secretary, a headmaster, a superintendent, or
a contractor under subsection (e) of this section shall be accompanied by a written
notice of the person’s rights under subsection (g) of this section, a description
of the policy regarding maintenance and destruction of records, and the person’s right
to request that the notice of no record or record be maintained for purposes of using
it to comply with future criminal record check requests pursuant to section 256 of this title.
(g)(1) Following notice that a headmaster was notified that a criminal record that is located
in either another state repository or FBI records exists, a person may:
(A) sign a form authorizing the Vermont Crime Information Center to release a detailed
copy of the criminal record to the person; or
(B) decline or resign employment.
(2) Any person subject to a criminal record check pursuant to this section may challenge
the accuracy of the record by appealing to the Vermont Crime Information Center pursuant
to rules adopted by the Commissioner of Public Safety.
(h) A superintendent or headmaster shall request and obtain information from the Child
Protection Registry maintained by the Department for Children and Families and from
the Vulnerable Adult Abuse, Neglect, and Exploitation Registry maintained by the Department
of Disabilities, Aging, and Independent Living (collectively, the Registries) for
any person for whom a criminal record check is required under subsection (a) of this
section. The Department for Children and Families and the Department of Disabilities,
Aging, and Independent Living shall adopt rules governing the process for obtaining
information from the Registries and for disseminating and maintaining records of that
information under this subsection.
(i) A person convicted of a sex offense that requires registration pursuant to 13 V.S.A. chapter 167, subchapter 3 shall not be eligible for employment under this section.
(j) The board of trustees of a recognized or approved independent school shall request
a criminal record check and a check of the Registries pursuant to the provisions of
this section prior to offering employment to a headmaster.
(k) The requirements of this section shall not apply to superintendents and headmasters
with respect to persons operating or employed by a child care facility, as defined
under 33 V.S.A. § 3511, that provides prekindergarten education pursuant to section 829 of this title and that is required to be licensed by the Department for Children and Families pursuant
to 33 V.S.A. § 3502. Superintendents and headmasters are not prohibited from conducting a criminal record
check as a condition of hiring an employee to work in a child care facility that provides
prekindergarten education operated by the school.
(l) The requirements of this section shall not apply with respect to a school district’s
partners in any program authorized or student placement created by chapter 23, subchapter
2 of this title; provided, however, that superintendents are not prohibited from requiring
a fingerprint-supported record check pursuant to district policy with respect to its
partners in such programs. (Added 1997, No. 163 (Adj. Sess.), § 1; amended 2009, No. 1, § 5, eff. Dec. 31, 2010; 2009, No. 108 (Adj. Sess.), § 3; 2011, No. 31, § 3, eff. May 17, 2011; 2013, No. 92 (Adj. Sess.), § 35, eff. Feb. 14, 2014; 2013, No. 119 (Adj. Sess.), § 13; 2017, No. 49, § 34, eff. May 23, 2017.)
§ 256. Continued validity of criminal record check; maintenance of records
(a)(1) Anyone required to request a criminal record check under this subchapter about a person
who previously has undergone a check, regardless of whether the check was for student
teaching, licensure, or employment purposes, shall comply with that requirement by
acquiring the results of the previous criminal record check unless:
(A) the person refuses to authorize release of the information;
(B) the record no longer exists;
(C) since the record check, there has been a period of one year or more during which the
person has not worked for a Vermont school district or a recognized or an approved
independent school; or
(D) as otherwise required by this chapter.
(2) Anyone required to request a criminal record check under this subchapter about a person
who has previously undergone a check may request a name and date of birth or fingerprint-supported
recheck of the criminal record at any time during the course of the record subject’s
employment in the capacity for which the original check was required. Rechecking criminal
records may be accomplished through a subscription service.
(b) A superintendent or headmaster who receives criminal record or registry information
under this subchapter shall maintain the record or information pursuant to the user
agreement for maintenance of records. At the end of the time required by the user
agreement for maintenance of the information, the superintendent or headmaster shall
destroy the information in accordance with the user agreement unless the person authorizes
maintenance of the record. If authorized by the person, the superintendent or headmaster
shall:
(1) if the information is a notice of no criminal record, securely maintain the information
indefinitely; or
(2) if the information is a criminal record or notice of the existence of a criminal record,
send it to the Secretary for secure maintenance in a central records repository.
(c) Upon authorization by the person, the Secretary shall release information maintained
in the central records repository to a requesting superintendent or, in the case of
a requesting headmaster, to the person. The Secretary shall maintain the notice or
record in the repository at least until the person ceases working for a Vermont school
district or independent school for a period of one year or more or until the person
requests that the record be destroyed.
(d) The State Board may adopt rules regarding maintenance of records. (Added 1997, No. 163 (Adj. Sess.), § 1; amended 2009, No. 1, § 6, eff. Dec. 31, 2010; 2013, No. 56, § 7, eff. May 30, 2013; 2013, No. 92 (Adj. Sess.), § 36, eff. Feb. 14, 2014.)
§ 257. Fees for fingerprinting; Fingerprint Fee Special Fund
State, county, and municipal law enforcement agencies may charge a fee of up to $35.00
for providing applicants or other individuals with a set of classifiable fingerprints
as required by this subchapter. No fee shall be charged to retake fingerprints determined
by the Vermont Crime Information Center not to be classifiable. Fees collected by
the State of Vermont under this section shall be credited to the Fingerprint Fee Special
Fund established and managed pursuant to 32 V.S.A. chapter 7, subchapter 5, and shall
be available to the Department of Public Safety to offset the costs of providing these
services. (Added 1997, No. 163 (Adj. Sess.), § 1; amended 2021, No. 147 (Adj. Sess.), § 37, eff. May 31, 2022.)
§ 258. Notice; license applications; job applications; employees
(a) Each application for an initial teaching license shall contain a statement that the
applicant will be required to undergo a criminal record check, including an FBI fingerprint
record check, and that receipt of the license may be dependent upon the results of
the check.
(b) Each job application provided by a school district or independent school shall contain
a statement that, if the superintendent or headmaster is prepared to recommend the
person for a job, the applicant will be required to undergo a criminal record check,
including an FBI fingerprint record check, and that employment may be dependent upon
the results of the check. (Added 1997, No. 163 (Adj. Sess.), § 1.)
§ 259. Penalties; remedy
(a) A person who, without authorization, discloses criminal record check information received
under this subchapter shall be fined not more than $2,000.00. Each unauthorized disclosure
shall constitute a separate violation.
(b) A person who suffers damages as a result of willful unauthorized disclosure of criminal
record check information received under this subchapter may recover those damages
together with reasonable attorney’s fees in a civil action.
(c) In addition to any other penalties described in this section, the Secretary may initiate
a review of the professional licensure of any person who willfully discloses criminal
record check information received under this subchapter. (Added 1997, No. 163 (Adj. Sess.), § 1; amended 2013, No. 92 (Adj. Sess.), § 37, eff. Feb. 14, 2014.)
§ 260. School board policies
Each school board shall adopt a policy on supervision of volunteers and work study
students. Policies shall require that superintendents, headmasters of recognized or
approved independent schools, and their contractors check the names and birth dates
of any work study students with the Vermont Internet Sex Offender Registry prior to
allowing work study students unsupervised contact with schoolchildren. A person who
is on the Registry shall not be eligible to be a work study student. (Added 1997, No. 163 (Adj. Sess.), § 1; amended 2009, No. 1, § 7b, eff. March 4, 2009; 2013, No. 92 (Adj. Sess.), § 38, eff. Feb. 14, 2014.)