§ 261. Organization and adjustment of supervisory unions
(a) The State Board shall review on its own initiative or when requested as per subsection
(b) of this section and may regroup the supervisory unions of the State or create
new supervisory unions in such manner as to afford increased efficiency or greater
convenience and economy and to facilitate prekindergarten through grade 12 curriculum
planning and coordination as changed conditions may seem to require.
(b)(1) Any school district that has so voted at its annual school district meeting, if said
meeting has been properly warned regarding such a vote, may request that the State
Board adjust the existing boundaries of the supervisory union of which it is a member
district.
(2) Any group of school districts that have so voted at their respective annual school
district meeting, regardless of whether the districts are members of the same supervisory
union, may request that the State Board adjust existing supervisory union boundaries
and move one or more nonrequesting districts to a different supervisory union if such
adjustment would assist the requesting districts to realign their governance structures
into a unified union school district pursuant to chapter 11 of this title.
(3) The State Board shall act on a request made pursuant to this subsection within 75
days of receipt of the request and may regroup the school districts in the area so
as to ensure reasonable supervision of all of these public schools.
(c) The State Board may designate any school district, including a unified union district,
as a supervisory district if it will provide for the education of all resident students
in prekindergarten through grade 12 and is large enough to support the planning and
administrative functions of a supervisory union.
(d) Upon application by a supervisory union board, the State Board may waive any requirements
of chapter 5 or 7 of this title with respect to the supervisory union board structure,
board composition, or board meetings, or the staffing pattern of the supervisory union,
if it can be demonstrated that such a waiver will result in efficient and effective
operations of the supervisory union; will not result in any disproportionate representation;
and is otherwise in the public interest. (Amended 1987, No. 228 (Adj. Sess.), § 3; 1991, No. 181 (Adj. Sess.), § 3; 2015, No. 46, § 41, eff. June 2, 2015; 2017, No. 49, § 14, eff. May 23, 2017; 2019, No. 131 (Adj. Sess.), § 57.)
§ 261a. Duties of supervisory union board
(a) Duties. The board of each supervisory union shall:
(1) Establish a supervisory union-wide curriculum, by either developing the curriculum
or assisting the member districts to develop it jointly, and ensure implementation
of the curriculum. The curriculum shall meet the requirements adopted by the State
Board under subdivision 165(a)(3)(B) of this title.
(2) Assist each school in the supervisory union to follow the curriculum as adopted under
the requirements of the State Board pursuant to subdivision 165(a)(3)(B) of this title.
(3) If students residing in the supervisory union receive their education outside the
supervisory union, periodically review the compatibility of the supervisory union’s
curriculum with those other schools.
(4) In accordance with criteria established by the State Board, establish and implement
a plan for receiving and disbursing federal and State funds distributed by the Agency
of Education, including funds awarded under P.L. 89-10, the Elementary and Secondary
Education Act of 1965 as amended.
(5) Provide professional development programs or arrange for the provision of them, or
both, for teachers, administrators, and staff within the supervisory union, which
may include programs offered solely to one school or other component of the entire
supervisory union to meet the specific needs or interests of that component; a supervisory
union has the discretion to provide financial assistance outside the negotiated agreements
for teachers’ professional development activities.
(6) Provide special education services on behalf of its member districts and, except as
provided in section 43 of this title, compensatory and remedial services, and provide or coordinate the provision of other
educational services as directed by the State Board or local boards; provided, however,
if a supervisory union determines that services would be provided more efficiently
and effectively in whole or in part at the district level, then it may ask the Secretary
to grant it a waiver from this provision.
(7) Employ a person or persons qualified to provide financial and student data management
services for the supervisory union and the member districts.
(8) Provide the following services for the benefit of member districts in a manner that
promotes the efficient use of financial and human resources, which shall be provided
pursuant to joint agreements under section 267 of this title whenever feasible; provided, however, if a supervisory union determines that services
would be provided more efficiently and effectively in another manner, then it may
ask the Secretary to grant it a waiver from this subdivision:
(A) manage a system to procure and distribute goods and operational services;
(B) manage construction projects;
(C) provide financial and student data management services, including grant writing and
fundraising as requested;
(D) negotiate with teachers and administrators, pursuant to chapter 57 of this title,
and with other school personnel, pursuant to 21 V.S.A. chapter 22, at the supervisory union level, provided that:
(i) contract terms may vary by district; and
(ii) contracts may include terms facilitating arrangements between or among districts to
share the services of teachers, administrators, and other school personnel;
(E) provide transportation or arrange for the provision of transportation, or both, in
any districts in which it is offered within the supervisory union;
(F) provide human resources management support; and
(G) provide other appropriate services according to joint agreements pursuant to section 267 of this title.
(9) [Repealed.]
(10) Submit to the board of each member school district, on or before January 15 of each
year, a summary report of financial operations of the supervisory union for the preceding
school year, an estimate of its financial operations for the current school year,
and a preliminary budget for the supervisory union for the ensuing school year. This
requirement shall not apply to a supervisory district. For each school year, the report
shall show the actual or estimated amount expended by the supervisory union for special
education-related services, including:
(A) a breakdown of that figure showing the amount paid by each school district within
the supervisory union; and
(B) a summary of the services provided by the supervisory union’s use of the expended
funds;
(11) On or before June 30 of each year, adopt a budget for the ensuing school year.
(12) Adopt supervisory union-wide truancy policies consistent with the model protocols
developed by the Secretary.
(13)-(17) [Repealed.]
(b) Virtual merger. In order to maximize the impact of available funding and resources, and to reduce
duplication of educational programs, personnel, and services, whenever legally permissible,
supervisory unions are encouraged to reach agreements with other supervisory unions
jointly to provide any service or perform any duty under this section pursuant to
section 267 of this title, or to form boards of cooperative education services pursuant to chapter 10 of this
title. Agreements between supervisory unions are not subject to the waiver requirement
of subdivision (a)(8) of this section. Agreements shall include a cost-benefit analysis
outlining the projected financial savings or enhanced outcomes, or both, that the
parties expect to realize through shared services or programs.
(c) Noncompliance; tax rate increase. After notice to the boards of a supervisory union and its member districts, the opportunity
for a period of remediation, and the opportunity for a hearing, if the Secretary determines
that a supervisory union or any one of its member districts is failing to comply with
any provision of subsection (a) of this section, then the Secretary shall notify the
board of the supervisory union and the board of each of its member districts that
the education property tax rates for nonhomestead and homestead property shall be
increased by five percent in each district within the supervisory union and the household
income percentage shall be adjusted accordingly in the next fiscal year for which
tax rates will be calculated. The districts’ actual tax rates shall be increased by
five percent, and the household income percentage adjusted, in each subsequent fiscal
year until the fiscal year following the one in which the Secretary determines that
the supervisory union and its districts are in compliance. If the Secretary determines
that the failure to comply with the provisions of subsection (a) of this section is
solely the result of the actions of the board of one member district, then the tax
increase in this subsection (c) shall apply only to the tax rates for that district.
Subject to V.R.C.P. 75, the Secretary’s determination shall be final. (Added 1987, No. 228 (Adj. Sess.), § 5; amended 1989, No. 202 (Adj. Sess.), § 1; 1989, No. 230 (Adj. Sess.), § 25; 1991, No. 181 (Adj. Sess.), §§ 4, 5; 1995, No. 185 (Adj. Sess.), § 83, eff. Jan. 1, 1998; 2001, No. 8, § 3; 2003, No. 36, § 2; 2003, No. 114 (Adj. Sess.), § 2; 2009, No. 44, §§ 2, 47, eff. May 21, 2009; 2009, No. 153 (Adj. Sess.), § 9, eff. June 3, 2010; 2011, No. 129 (Adj. Sess.), § 2, eff. May 11, 2012; 2011, No. 129 (Adj. Sess.), § 18, eff. July 1, 2013; 2013, No. 92 (Adj. Sess.), § 39, eff. Feb. 14, 2014; 2015, No. 46, § 39, eff. July 1, 2016; 2019, No. 131 (Adj. Sess.), § 58; 2023, No. 168 (Adj. Sess.), § 5, eff. July 1, 2024.)
§ 267. Joint agreements among supervisory unions
(a) Supervisory unions, or administrative units not within a supervisory union, in order
to provide services cooperatively, may at any annual or special meeting of the supervisory
unions, by a majority vote of the directors present and eligible to vote, enter into
a joint agreement to provide joint programs, services, facilities, and professional
and other staff that are necessary to carry out the desired programs and services.
(b) The supervisory union may provide any authorized or required services by contract
with any person, partnership, corporation, or school district within or outside the
supervisory union or with other supervisory unions. The supervisory union may also
provide such services to any independent school in the supervisory union area on such
terms as the supervisory union board deems proper. Contracts shall be approved by
the board and signed by the chair or the chair’s designee. A contract may be for a
term not to exceed four years renewable for successive four-year periods.
(c) The expense of carrying on these shared programs, services, and facilities shall be
allocated according to a plan mutually agreed upon by the participating supervisory
unions and the Secretary of Education, including agreement on revision and adequate
auditing procedures to allocate costs.
(d) Facilities constructed to house such shared programs and services when constructed
with funds from the State School Building Aid Bond Account and attached to an existing
building become a part of a new construction program. The school district within
which the special facilities are located shall own the facilities subject to the mutual
agreement on reversion.
(e) A central treasury may be established among the participating unions. Such central
treasury will receive and disburse funds of participating supervisory unions. Funds
shall be disbursed only on orders signed by at least one authorized member from each
of the participating supervisory unions. The participating supervisory unions may
jointly own personal property under their contract. (Added 1967, No. 70; amended 1969, No. 298 (Adj. Sess.), § 78; 1991, No. 24, § 11; 2013, No. 92 (Adj. Sess.), § 41, eff. Feb. 14, 2014; 2021, No. 20, § 56.)