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Subchapter 002: EXPLORATION, FORMATION, AND ORGANIZATION
§ 706. Proposal to form study committee; budget and membership
(a) Establishment of committee. When the boards of two or more school districts vote to establish a study committee
to study the advisability of forming a union school district or are petitioned to
do so by at least five percent of voters in the school district, the boards shall
meet with the superintendent or superintendents of each school district. With the
advice of the superintendent or superintendents, the boards shall establish a budget
for the study committee’s work and shall determine the number of persons to serve
on the study committee pursuant to subsection (b) of this section.
(b) Budget and membership. Each participating school district’s share of the established budget and membership
on the study committee shall be the same as the proportion of the school district’s
equalized pupils to the total equalized pupils of all school districts intending to
participate formally in the study committee. As used in this subsection, “equalized
pupils” has the same meaning as in section 4001 of this title.
(c) Existing union school districts.
(1) Existing union elementary or union high school district; proposed unified union school
district. If the board of an existing union elementary or union high school district votes
to participate in a study committee to consider formation of a unified union school
district, or is petitioned by the voters to do so, then:
(A) The interests of the existing union school district shall be represented by its member
districts on the study committee.
(B) Any warning and vote on the study committee budget pursuant to section 707 of this
chapter and the warning and vote on any resulting proposal to form a unified union
school district pursuant to section 710 shall be at the member district level.
(C) If the existing union school district does not have any member districts because all
towns for which it is organized are members of both a union elementary school district
and a union high school district, then the existing union school district shall represent
its own interests on the study committee, and the towns within it shall not participate
on its behalf.
(D) If a town is a member of both a union elementary school district and a union high
school district, is not independently organized as a district that is responsible
for the education of students in any grade, and does not have a town school district
board, then notwithstanding other provisions to the contrary:
(i) To the extent possible, the boards of the union elementary and union high school districts
of which the town is a member shall make a reasonable attempt, jointly, to appoint
a member to the study committee who resides in the town.
(ii) The legislative body or appropriate officer of the town shall perform electoral functions,
including warning meetings and conducting the voting process, ordinarily performed
by and in member districts on behalf of a union school district.
(2) Existing unified union school district; proposed unified union school district. If the board of a unified union school district votes to participate in a study committee
to consider formation of a new unified union school district rather than the enlargement
of the existing unified union school district pursuant to section 721 (joining an
existing union school district) of this chapter, or is petitioned by the voters to
do so, then:
(A) The existing unified union school district shall represent its own interests on the
study committee, and the towns within it shall not participate on its behalf.
(B) To the extent possible, the board of the existing unified union school district shall
make a reasonable attempt to appoint members to the study committee who reside in
each town within the district.
(C) Any warning and vote on the study committee budget pursuant to section 707 of this
chapter and the warning and vote of the electorate on any resulting proposal to form
a new unified union school district pursuant to section 710 shall proceed pursuant
to the provisions for commingled Australian ballot voting as set forth in subchapter
3 (unified union school districts) of this chapter.
(3) Existing union elementary or union high school district; proposed union elementary
or union high school district. If the board of an existing union elementary or union high school district votes
to participate in a study committee to consider formation of a new union elementary
or union high school district rather than enlarging the existing union school district
pursuant to section 721 (joining an existing union school district) of this chapter,
or is petitioned by the voters to do so, then:
(A) The existing union school district shall represent its own interests on the study
committee, and the member districts of the existing union school district shall not
participate on its behalf.
(B) To the extent possible, the board of the existing union school district shall make
a reasonable attempt to appoint members to the study committee who reside in each
of the member districts within the existing union school district.
(C) Any warning and vote on the study committee budget pursuant to section 707 of this
chapter and the warning and vote of the electorate on any resulting proposal to form
a new union elementary or union high school district pursuant to section 710 of this
chapter shall proceed pursuant to the provisions for commingled Australian ballot
voting as set forth in subchapter 4 (union elementary and union high school districts)
of this chapter. (Added 2021, No. 176 (Adj. Sess.), § 3, eff. June 7, 2022.)
§ 707. Approval of study budget; appointment of study committee; participation
(a) Proposed budget exceeding $50,000.00.
(1) If the proposed budget established in section 706 of this chapter exceeds $50,000.00,
then subject to the provisions of that section the board of each potentially participating
school district shall warn the district’s voters to meet at an annual or special school
district meeting to vote whether to appropriate funds necessary to support the district’s
financial share of a study committee’s costs. The meeting in each school district
shall be warned for the same date. The warning in each school district shall contain
an identical article in substantially the following form:
Shall the school district of _______________________________________ appropriate funds necessary to support the school district’s financial share of a
study to determine the advisability of forming a union school district with some or
all of the following school districts: _______________________________________ , _______________________________________ , and _______________________________________ ? It is estimated that the _______________________________________ school district’s share, if all of the identified school districts vote to participate,
will be $_______________________________________ . The total proposed budget, to be shared by all participating school districts is
$_______________________________________ .”
(2) If the vote in subdivision (1) of this subsection is in the affirmative in two or
more school districts, then the boards of the affirming school districts shall appoint
a study committee consisting of the number of persons determined pursuant to section
706 (proposed study committee budget and membership) of this chapter. At least one
current board member from each participating school district shall be appointed to
the study committee. The board of a school district appointing more than one person
to the study committee may appoint residents of the school district who are not members
of the board to any of the remaining seats.
(3) The sums expended for study purposes under this section shall be considered part of
the approved cost of any project in which the union school district, if created, participates
pursuant to chapter 123 of this title.
(b) Proposed budget not exceeding $50,000.00.
(1) If the proposed budget established in section 706 of this chapter does not exceed
$50,000.00, then the boards of the participating school districts shall appoint a
study committee consisting of the number of persons determined under that section.
At least one current board member from each participating school district shall be
appointed to the study committee. The board of a school district appointing more than
one person to the study committee may appoint residents of the school district who
are not members of the board to any of the remaining seats.
(2) The sums expended for study purposes under this section shall be considered part of
the approved cost of any project in which the union school district, if created, participates
pursuant to chapter 123 of this title.
(c) Additional costs.
(1) If the voters approve a budget that exceeds $50,000.00 but the study committee later
determines that its budget is likely to exceed the projected, voter-approved amount,
then the boards of all participating school districts shall obtain voter approval
for the amounts exceeding the previously approved budget in the manner set forth in
subdivision (a)(1) of this section before the study committee obligates or expends
sums in excess of the initial voter-approved amount.
(2) If a proposed budget does not exceed $50,000.00 at the time the school boards appoint
members to the study committee, but the study committee later determines that its
total budget is likely to exceed $50,000.00, then the boards of all participating
school districts shall obtain voter approval for the amounts exceeding $50,000.00
in the manner set forth in subdivision (a)(1) of this section before the study committee
obligates or expends funds in excess of $50,000.00.
(d) Grants. Costs to be paid by State, federal, or private grants shall not be included when calculating
whether a study committee’s budget or proposed budget exceeds $50,000.00.
(e) Subsequent appointments of persons to the study committee; vacancy.
(1) Subject to the requirement that each school board appoint at least one current member
of the board, the board of a participating school district shall appoint a person
residing in the school district to the study committee if one of the school district’s
seats is vacant because a study committee member:
(A) is no longer a member of the school district’s board and was the sole board member
appointed by that school district;
(B) has resigned from or is no longer able to serve on the study committee; or
(C) has not attended three consecutive study committee meetings without providing notice
to the study committee chair of the reason for each absence and obtaining a determination
of the study committee members that the absences were reasonable.
(2) Notice under subdivision (1)(C) of this subsection shall be given in advance of absences
whenever possible.
(f) Formal participation in study committee.
(1) A school district shall not be a formal participant in and appoint members to more
than one study committee created under this chapter at any one point in time.
(2) A school district shall not formally withdraw its participation in an existing study
committee after the school district has appointed members to that committee until
the study committee dissolves pursuant to subsection 708(e) of this chapter.
(g) Additional formal participants.
(1) Subject to the provisions of subsection (f) of this section, a school district may
join as an additional formal participant in a study committee after creation of the
committee if:
(A) the school district’s board has requested the committee’s approval to participate
after either a vote of the school district’s board or a petition by five percent of
the school district’s voters and if the study committee votes to approve formal participation
by the district; or
(B) the study committee has voted to ask the school district to participate formally and
either the board of the school district votes to approve formal participation or is
petitioned by five percent of the school district’s voters to do so.
(2) A school district that becomes a formal participant in an existing study committee
pursuant to this subsection is subject to the provisions of section 706 (proposed
study committee budget and membership) of this chapter regarding financial and representational
proportionality and to all other requirements of study committees set out in this
chapter.
(h) Informal participation by other school districts.
(1) The board of a school district that is not a formal participant in an existing study
committee may authorize one or more of the board’s members to contact the study committee
to discuss whether it may be advisable to include the school district within a proposal
to form a new union school district as an “advisable” district, as described in section
708 (necessary and advisable districts) of this chapter.
(2) An existing study committee may authorize one or more of its members to contact the
board of one or more additional school districts that are not formal participants
in the committee to discuss whether it may be advisable to include the school district
within a proposal to form a new union school district as an “advisable” district.
(3) An existing study committee may invite representatives of a nonparticipating school
district’s board to participate informally in the study committee’s deliberations.
(4) Nothing in this section shall be construed to prohibit the board of a school district
from authorizing informal exploration between and among the boards of school districts
prior to the formation of a study committee. (Added 2021, No. 176 (Adj. Sess.), § 3, eff. June 7, 2022.)
§ 708. Study committee; necessary and advisable districts; contents of study committee report
and proposed articles; dissolution of committee
(a) Study committee; process.
(1) The superintendent shall convene a study committee’s first meeting when the committee’s
members are appointed. If the participating districts are members of more than one
supervisory union, then the superintendents shall decide which of their number shall
convene the meeting. The study committee members shall elect a chair who shall notify
the Secretary in writing of the committee’s creation and the chair’s election within
30 days following the vote of the committee’s creation.
(2) Staff of the supervisory union or unions shall provide administrative assistance to
the study committee.
(3) The Secretary shall cooperate with the study committee and is authorized to make Agency
staff available to provide technical assistance to the committee.
(4) The study committee is a public body pursuant to 1 V.S.A. § 310(4) and is subject to the requirements of 1 V.S.A. chapter 5, subchapter 2.
(5) Although a study committee should try to achieve consensus, committee decisions shall
be reached by a majority of all committee members present and voting.
(b) Necessary and advisable school districts. If a study committee decides to recommend formation of a union school district, then
it shall determine whether each school district included in the recommended formation
is “necessary” or “advisable” to formation.
(1) “Necessary” school district.
(A) The study committee shall identify a school district as “necessary” to formation of
the union school district only if the school district is a formal participant in the
study committee.
(B) Subject to the provisions of subsection 706(c) of this chapter, the school board of
a “necessary” school district is required to warn a vote of the electorate under sections
710 (vote to form union school district) and 711 (initial members of union school
district board election) of this chapter.
(C) A proposed union school district is formed only if the voters voting in each “necessary”
school district vote to approve formation.
(2) “Advisable” school district.
(A) The study committee may identify any school district as “advisable” to formation of
the union school district even if the school district is not a formal participant
in the study committee.
(B) The school board of an “advisable” school district is not required to warn a vote
of the electorate under sections 710 (vote to form union school district) and 711
(initial members of union school district board election) of this chapter, except
upon application of 10 percent of the voters in the school district.
(C) Voter approval in an “advisable” district is not required for formation of a new union
school district.
(3) Existing union elementary or union high school district. Notwithstanding other provisions of this subsection, an existing union elementary
or union high school district is “necessary” to the formation of a unified union school
district even though its interests are represented by its member districts pursuant
to subdivision 706(c)(1) (study committee budget and membership for existing union
school districts) of this chapter.
(c) Proposal to form union school district; report and proposed articles of agreement. If a study committee determines that it is advisable to propose formation of a union
school district, then it shall prepare a report analyzing the strengths and challenges
of the current structures of all “necessary” and “advisable” school districts and
outlining the ways in which a union school district promotes the State policy set
forth in section 701 of this chapter. The study committee shall also prepare proposed
articles of agreement that, if approved pursuant to the provisions of this chapter,
shall serve as the operating agreement for the new union school district. At a minimum,
articles of agreement shall state:
(1) The name of any school district the study committee considers “necessary” to formation
of the proposed union school district.
(2) The name of any school district the study committee considers “advisable” to include
in the proposed union school district.
(3) The legal name or temporary legal name by which the union school district shall be
known.
(4) The grades, if any, that the proposed union school district will operate and the grades,
if any, for which it will pay tuition.
(5) The cost and general location of any proposed new school buildings to be constructed
and the cost and general description of any proposed renovations to existing school
buildings.
(6) A plan for the first year of the union school district’s operation for transportation
of students, assignment of staff, and use of curriculum that is consistent with existing
contracts, collective bargaining agreements, and other provisions of law. The board
of the union school district, if formed, shall make all subsequent decisions regarding
transportation, staff, and curriculum subject to existing contracts, collective bargaining
agreements, and other provisions of law.
(7) A list of the indebtedness of each “necessary” and “advisable” district, which the
union school district shall assume.
(8) The specific pieces of real property of each “necessary” and “advisable” district
that the union school district shall acquire, their valuation, and how the union school
district shall pay for them.
(9) Consistent with the proportional representation requirements of the Equal Protection
Clause of the U.S. Constitution, the method or methods of apportioning representation
on the union school district board as set forth in subsections 711(d) (unified union
school district), (e) (union elementary or union high school district), and (f) (weighted
voting) of this chapter.
(10) The term of office for each member initially elected to the union school district
board, to be arranged so that one-third expire on the day of the second annual meeting
of the union school district, one-third on the day of the third annual meeting, and
one-third on the day of the fourth annual meeting, or as near to that proportion as
possible.
(11) The date on which the proposal to create the union school district and the election
of initial union school district board members will be submitted to the voters.
(12) The date on which the union school district will be solely responsible for the education
of its resident students in the grades for which it is organized and will begin operating
any schools, paying any tuition, and providing educational services.
(13) Whether the election of board members, election of school district officers, votes
on the union school district budget, or votes on other public questions, or any two
or more of these, shall be by Australian ballot.
(14) Any other matters that the study committee considers pertinent.
(d) No proposal to form a union school district. If a study committee determines that it is inadvisable to propose formation of a union
school district, then its members shall vote to dissolve the committee. If the study
committee members vote to dissolve, then the chair shall notify the Secretary in writing
of the vote.
(e) Dissolution of study committee.
(1) If a study committee proposes formation of a union school district pursuant to subsection
(c) of this section, then the committee shall cease to exist when the clerk of each
school district voting on a proposal to establish the union school district has certified
the results of the vote to the Secretary pursuant to subsection 713(a) of this chapter.
(2) If a study committee determines that it is inadvisable to propose formation of a union
school district, then the committee shall cease to exist when the chair notifies the
Secretary of the committee’s vote pursuant to subsection (d) of this section. (Added 2021, No. 176 (Adj. Sess.), § 3, eff. June 7, 2022.)
§ 709. Review by local school district boards; consideration and approval by State Board
of Education
(a) If a study committee determines that it is advisable to propose formation of a union
school district, then the committee shall transmit its report and proposed articles
of agreement to the school board of each school district that the report identifies
as either “necessary” or “advisable” to formation of the proposed union school district.
Each board may review the report and proposed articles and may provide its comments
to the study committee. The study committee has sole authority to determine the contents
of the report and proposed articles and to decide whether to submit them to the State
Board under subsection (b) of this section.
(b) If a study committee determines that it is advisable to propose formation of a union
school district, then the committee shall transmit the report and proposed articles
of agreement to the Secretary, who shall submit them with recommendations to the State
Board.
(c)(1) The State Board:
(A) shall consider the study committee’s report and proposed articles of agreement and
the Secretary’s recommendations;
(B) shall provide the study committee an opportunity to be heard;
(C) may ask the Secretary or the study committee, or both, to make further investigation
and may consider any other information the State Board deems to be pertinent; and
(D) may request that the study committee amend the report or the proposed articles of
agreement, or both.
(2) If the State Board finds that formation of the proposed union school district is in
the best interests of the State, the students, and the school districts, and aligns
with the policy set forth in section 701 of this title, then it shall approve the study committee’s report and proposed articles of agreement,
together with any amendments, as the final report and proposed articles of agreement,
and shall give notice of its action to the study committee.
(d) The chair of the study committee shall file a copy of the approved final report and
proposed articles of agreement with the clerk of each school district identified as
“necessary” or “advisable” at least 30 days prior to the vote of the electorate on
whether to form the union school district. (Added 2021, No. 176 (Adj. Sess.), § 3, eff. June 7, 2022.)
§ 710. Vote to form union school district
Subject to the provisions of subsections 706(c) (proposal to form study committee;
existing union school districts) and 708(b) (study committee; necessary and advisable
districts) of this chapter, the voters of each school district identified as “necessary”
or “advisable” shall vote whether to form the proposed union school district, as follows:
(1) The vote shall be held on the date specified in the final report.
(2) The vote shall be by Australian ballot.
(3) The vote shall be at separate school district meetings held on the same day.
(4) The opportunity for early and absentee voting pursuant to 17 V.S.A. §§ 2531–2550 shall be provided.
(5) The board of each school district voting on the proposal shall warn the vote either
as a special meeting of the school district or as part of its annual meeting. (Added 2021, No. 176 (Adj. Sess.), § 3, eff. June 7, 2022.)
§ 711. Vote to elect initial members of the union school district board
(a) Election of initial members of union school district board. At the meeting warned to vote on formation of a union school district under section
710 of this chapter, the voters shall also elect the initial members who will serve
on the board of the union school district if the voters approve the district’s formation.
(1) The vote to elect the initial members shall be by Australian ballot.
(2) The opportunity for early and absentee voting pursuant to 17 V.S.A. §§ 2531–2550 shall be provided.
(b) Representation and term length. Initial membership on a union school district board shall be pursuant to the method
of representation set forth in the articles of agreement, for the terms specified
in that document, and pursuant to the provisions of this section and subdivisions
708(c)(9) and (10) (study committee; proposed articles of agreement; apportionment
and terms) of this chapter.
(c) Operational definitions. As used in subsections (d) and (e) of this section, any term not defined in section
702 of this chapter shall have its plain meaning, except as provided in this subsection.
(1) If, pursuant to section 425 (other town school district officers) of this title, the
voters of a school district have elected a district clerk who is not also the clerk
of the town served by the school district, then “town clerk” means the elected clerk
of that school district.
(2) Notwithstanding subdivision (1) of this subsection, if a potential forming district
is an existing unified union school district, then:
(A) Reference to the voters of the “school district” means the voters of each town within
the existing unified union school district, who shall vote at a location in their
town of residence that is identified in the warning issued by the existing unified
union school district; provided, however, that the total of all votes cast in the
towns shall determine the modified at-large and at-large election of initial board
members pursuant to subdivisions (d)(2) (proposed unified union district; modified
at-large), (d)(3) (proposed union district; at-large), (e)(2) (proposed union elementary
or union high school district; modified at-large), and (e)(3) (proposed union elementary
or union high school district; at-large) of this section, as well as whether the existing
unified union school district approves formation of the new unified union school district.
(B) “Town clerk” means the clerk of each town within the existing unified union school
district; provided, however, that the town clerk of each town shall transmit the name
of each duly nominated candidate to the clerk of the existing unified union school
district, who shall prepare the unified union school district ballot for that town
and transmit the ballot to the town clerk to make available to the voters.
(3) Notwithstanding subdivision (1) (clerk of school district) of this subsection, if
a town is a member of both a union elementary school district and a union high school
district, is not independently organized as a district that is responsible for the
education of students in any grade, and does not have a town school district board,
then:
(A) reference to the voters of the “school district” means the voters of the town that
is the member of both existing union school districts, who shall vote at a location
in their town of residence that is identified in the warning issued by:
(i) the existing union elementary school district if the voters are voting on a proposed
unified union school district or a proposed union elementary school district; or
(ii) the existing union high school district if the voters are voting on a proposed union
high school district; and
(B) “town clerk” means the clerk of the town that is a member of both existing union school
districts; provided, however, that the town clerk shall transmit the name of each
duly nominated candidate to the clerk of the union school district identified in subdivision
(A) of this subdivision (3), who shall prepare the ballot for that town and transmit
the ballot to the town clerk to make available to the voters.
(d) Proposed unified union school district. Subject to the provisions of subsections 706(c) (existing union school districts)
and 708(b) (necessary and advisable school districts) of this chapter, the voters
of each school district identified as “necessary” or “advisable” shall vote whether
to elect initial board members of a proposed unified union school district, as follows:
(1) Proportional to town population. When representation on the board of a proposed unified union school district is apportioned
to each potential town within the proposed district in a number that is closely proportional
to the town’s relative population:
(A) Voters of each school district identified as either “necessary” or “advisable” to
formation of the proposed unified union school district shall file a petition nominating
a candidate for the office of unified union school district board member based on
town population. A petition shall be valid only if:
(i) the candidate is a current voter of the town;
(ii) the petition identifies the term of office for which the candidate is nominated;
(iii) the petition is signed by at least 30 voters residing in the town or one percent of
the legal voters in the town, whichever is less;
(iv) the voters file the petition with the town clerk of the town in which the candidate
resides not later than 5:00 p.m. on the sixth Monday preceding the day of the election;
and
(v) the candidate files with the town clerk a written consent to the printing of the candidate’s
name on the ballot.
(B) The town clerk shall place the name of each duly nominated candidate on the ballot
to be presented to the voters of the school district.
(C) The voters of the school district for the town in which the candidate resides shall
elect as many board members to the unified union school board as are apportioned based
on the town’s population.
(2) Modified at-large model: allocation to town; at-large representation. When representation on the board of a proposed unified union school district is allocated
to each potential town within the proposed district, but the allocation is not closely
proportional to the town’s relative population and the board member is elected at-large:
(A) Voters of each school district identified as either “necessary” or “advisable” to
formation of the proposed unified union school district shall file a petition nominating
a candidate for the office of unified union school district board member allocated
to the voters’ town. A petition shall be valid only if:
(i) the candidate is a current voter of the town;
(ii) the petition identifies the term of office for which the candidate is nominated;
(iii) the petition is signed by at least 30 voters residing in the town or one percent of
the legal voters in the town, whichever is less;
(iv) the voters file the petition with the town clerk of the town in which the candidate
resides not later than 5:00 p.m. on the sixth Monday preceding the day of the election;
and
(v) the candidate files with the town clerk a written consent to the printing of the candidate’s
name on the ballot.
(B) Upon receipt of a petition for a unified union school district board member allocated
to a potential town within the proposed district but to be elected at-large under
the modified at-large model, the town clerk shall place the name of the duly nominated
candidate on the ballot to be presented to the voters of the school district and shall
notify the town clerks preparing the ballots for the voters of each of the other “necessary”
school districts and of each “advisable” school district voting on formation of the
proposed unified union school district to place the candidate’s name on the ballot
presented to the voters in those districts. Alternatively, at their discretion, the
town clerks may meet jointly to prepare a uniform ballot.
(C) The voters of each “necessary” school district and of each “advisable” school district
voting on formation of the proposed unified union school district shall vote for the
board members to be elected at-large under the modified at-large model; provided,
however, that ballots shall be included in the calculation of total votes cast pursuant
to the provisions of subdivision 714(a)(2) (calculation of votes) of this chapter.
(3) At-large representation. When representation on the board of a proposed unified union school district is not
apportioned or allocated to the potential towns within the proposed district pursuant
to subdivision (1) (proportional to town population) or (2) (modified at-large) of
this subsection and the board member is elected at-large:
(A) The voters of one or more school districts identified as “necessary” to formation
of the proposed unified union school district shall file a petition nominating a candidate
for the office of unified union school district board member at-large. A petition
shall be valid only if:
(i) the candidate is a current voter of a school district identified as “necessary” to
the formation of the proposed union school district;
(ii) the petition identifies the term of office for which the candidate is nominated;
(iii) the petition is signed by at least 60 voters residing in one or more school districts
identified as “necessary” to the formation of the proposed unified union school district
or one percent of the legal voters residing in the combined “necessary” school districts
that would form the proposed unified union school district, whichever is less;
(iv) the voters file the petition with the town clerk in the “necessary” school district
in which the candidate resides not later than 5:00 p.m. on the sixth Monday preceding
the day of the election; and
(v) the candidate files with the town clerk a written consent to the printing of the candidate’s
name on the ballot.
(B) Upon receipt of a petition for a unified union school district board member elected
at-large, the town clerk shall place the name of the duly nominated candidate on the
ballot to be presented to the voters of the school district and shall notify the town
clerks preparing the ballots for the voters of each of the other “necessary” school
districts and of each “advisable” school district voting on formation of the proposed
unified union school district to place the candidate’s name on the ballot presented
to the voters in those districts. Alternatively, at their discretion, the town clerks
may meet jointly to prepare a uniform ballot.
(C) The voters of each “necessary” school district and of each “advisable” school district
voting on formation of the proposed unified union school district shall vote for the
members to be elected at-large; provided, however, that ballots shall be included
in the calculation of total votes cast pursuant to the provisions of subdivision 714(a)(2)
(calculation of votes) of this chapter.
(e) Proposed union elementary or union high school district. Subject to the provisions of subsections 706(c) (existing union school districts)
and 708(b) (necessary and advisable school districts) of this chapter, the voters
of each school district identified as “necessary” or “advisable” shall vote whether
to elect initial board members of the proposed union school district, as follows:
(1) Proportional to town population. When representation on the board of a proposed union elementary or union high school
district is apportioned to each potential member district of the proposed district
in a number that is closely proportional to the potential member district’s relative
population:
(A) Voters of each school district identified as either “necessary” or “advisable” to
formation of the proposed union school district shall file a petition nominating a
candidate for the office of union school district board member representing the potential
member district. A petition shall be valid only if:
(i) the candidate is a current voter of the potential member district;
(ii) the petition identifies the term of office for which the candidate is nominated;
(iii) the petition is signed by at least 30 voters residing in the potential member district
or one percent of the legal voters in the district, whichever is less;
(iv) the petition is filed with the town clerk not later than 5:00 p.m. on the sixth Monday
preceding the day of the election; and
(v) the candidate files with the town clerk a written consent to the printing of the candidate’s
name on the ballot.
(B) The town clerk shall place the name of each duly nominated candidate on the ballot
to be presented to the voters of the potential member district.
(C) The voters of the district shall elect as many board members as are apportioned to
the potential member district based on population.
(2) Modified at-large model: allocation to town; at-large representation. When representation on the board of a proposed union elementary or union high school
district is allocated to each potential member district, but the allocation is not
closely proportional to the potential member district’s relative population and the
board member is elected at-large:
(A) Voters of each school district identified as either “necessary” or “advisable” to
formation of the proposed union school district shall file a petition nominating a
candidate for the office of union school district board member allocated to the potential
member district. A petition shall be valid only if:
(i) the candidate is a current voter of the potential member district;
(ii) the petition identifies the term of office for which the candidate is nominated;
(iii) the petition is signed by at least 30 voters residing in the potential member district
or one percent of the legal voters in the district, whichever is less;
(iv) the petition is filed with the town clerk of the school district in which the candidate
resides not later than 5:00 p.m. on the sixth Monday preceding the day of the election;
and
(v) the candidate files with the town clerk a written consent to the printing of the candidate’s
name on the ballot.
(B) Upon receipt of a petition for union school district board member allocated to a potential
member district but to be elected at-large under the modified at-large mode, the town
clerk shall place the name of the duly nominated candidate on the ballot to be presented
to the voters of the potential member district and shall notify the town clerks preparing
the ballots for the voters of each of the other “necessary” school districts and of
each “advisable” school district voting on formation of the proposed union school
district to place the candidate’s name on the ballot presented to the voters in those
districts. Alternatively, at their discretion, the town clerks may meet jointly to
prepare a uniform ballot.
(C) The voters of each “necessary” school district and of each “advisable” school district
voting on formation of the proposed unified union school district shall vote for the
board members to be elected at-large under the modified at-large model; provided,
however, that ballots shall be included in the calculation of total votes cast pursuant
to the provisions of subdivision 714(a)(2) (calculation of votes) of this chapter.
(3) At-large representation. When representation on the board of a proposed union elementary or union high school
district board is not apportioned or allocated to the potential member districts pursuant
to subdivision (1) (proportional to town population) or (2) (modified at large) of
this subsection and the board member is elected at-large:
(A) The voters of one or more school districts identified as “necessary” to the formation
of the proposed union school district shall file a petition nominating a candidate
for the office of union school district board member at-large. A petition shall be
valid only if:
(i) the candidate is a current voter of a school district identified as “necessary” to
the formation of the proposed union school district;
(ii) the petition identifies the term of office for which the candidate is nominated;
(iii) the petition is signed by at least 60 voters residing in one or more school districts
identified as “necessary” to the formation of the proposed union school district or
one percent of the legal voters residing in the combined “necessary” school districts
that would form the proposed union school district, whichever is less;
(iv) the petition is filed with the town clerk in the “necessary” school district in which
the candidate resides not later than 5:00 p.m. on the sixth Monday preceding the day
of the election; and
(v) the candidate files with the town clerk a written consent to the printing of the candidate’s
name on the ballot.
(B) Upon receipt of a petition for a union school district board member to be elected
at-large, the town clerk shall place the name of the duly nominated candidate on the
ballot to be presented to the voters of the school district and shall notify the town
clerks preparing the ballots for the voters of each of the other “necessary” school
districts and of each “advisable” school district voting on formation of the proposed
union school district to place the candidate’s name on the ballot presented to the
voters in those districts. Alternatively, at their discretion, the town clerks may
meet jointly to prepare a uniform ballot.
(C) The voters of each “necessary” school district and of each “advisable” school district
voting on formation of the proposed union school district shall vote for the board
members to be elected at-large; provided, however, that ballots shall be included
in the calculation of total votes cast pursuant to the provisions of subdivision 714(a)(2)
(calculation of votes) of this chapter.
(f) Weighted voting. If representation on a union school district board is apportioned based upon population
pursuant to subdivision (d)(1) or (e)(1) of this section, then the union school district
may achieve proportionality through a system of weighted voting. (Added 2021, No. 176 (Adj. Sess.), § 3, eff. June 7, 2022; amended 2023, No. 66, § 9, eff. July 1, 2023.)
§ 712. Contents of warning on votes to establish the union school district and elect the
initial members of the union school district board
The warning for each school district meeting to vote on formation of a union school
district shall contain two articles in substantially the following form. The language
used in Article 1 shall be the same for each “necessary” and “advisable” district
voting on formation of the new district. Article II of the warning shall not include
names of candidates for the union school district board.
WARNING
The voters of the _______________________________________________________________________ School District are hereby notified and warned to meet at _____________________ on the ___________ day of _____________________ , 20___________ , to vote by Australian ballot between the hours of _____________________ , at which time the polls will open, and _____________________ , at which time the polls will close, upon the following articles of business:
Article I. FORMATION OF UNION SCHOOL DISTRICT
Shall the _______________________________________________________________________ School District, which the proposed articles of agreement have identified as [“necessary”
or “advisable”] to the formation of the proposed union school district, join with
the school district[s] of _______________________________________ and _______________________________________ , which are identified as “necessary” to formation, and potentially the school district[s]
of _______________________________________ and _______________________________________ , which are identified as “advisable” to formation, for the purpose of forming a union
school district, as provided in Title 16, Vermont Statutes Annotated, upon the following
conditions and agreements:
(a) Grades. The union school district shall be organized to provide for the education of resident
students in grades ___________ through ___________ and shall assume full and sole responsibility therefor on July 1, 20___________ .
(b) Operation of schools. The union school district shall operate and manage one or more schools offering instruction
in grades ___________ through ___________ . [Amend as necessary if the district will pay tuition for any or all grades for which
it is organized.]
(c) Union school district board. [State method by which representation of each member of the union school board is
to be determined pursuant to section 711 (vote to elect initial members) of this chapter.]
(d) Assumption of debts and ownership of school property. The union school district shall assume the indebtedness of forming districts, acquire
the school properties of the forming districts, and pay for them, all as specified
in the final report and proposed articles of agreement.
(e) Final report. The provisions of the final report and proposed articles of agreement approved by
the State Board of Education on the ___________ day of _____________________ , 20___________ , which is on file in the office of the clerk of each school district named in this
warning, shall govern the union school district.
Article II. ELECTION OF INITIAL MEMBERS OF THE UNION
SCHOOL DISTRICT BOARD
To elect a total of _____________________ (_) member(s) to serve as initial members of the proposed union school district board
for the terms established in the final report and proposed articles of agreement:
[Amend as necessary to reflect method for determining school board membership pursuant
to section 711 (vote to elect initial members) of this chapter.]
(a) ___________ [Insert number] Board Member[s] to serve until the second annual meeting of the union
school district, in 20___________ .
(b) ___________ [Insert number] Board Member[s] to serve until the third annual meeting of the union
school district, in 20___________ .
(c) ___________ [Insert number] Board Member[s] to serve until the fourth annual meeting of the union
school district, in 20___________ .
(Added 2021, No. 176 (Adj. Sess.), § 3, eff. June 7, 2022.)
§ 713. Certification of votes; designation of district as union school district; recording
by Secretary of State
(a) Within 45 days after the vote or 15 days after a vote to reconsider the original vote
under 17 V.S.A. § 2661, whichever is later, the clerk of each school district voting on the proposal to
form a union school district shall certify the results of that vote to the Secretary
of Education. The clerk shall submit the certification regardless of whether the district
voters approved the proposed formation of a union school district.
(b) If the voters voting in each school district identified as “necessary” to formation
of the proposed union school district vote to form the district, then the “necessary”
school districts constitute a union school district, together with any school district
designated as “advisable” that votes to form the proposed union school district.
(c) If the voters approve formation of a union school district pursuant to subsection
(b) of this section, then upon receiving the certification of each clerk pursuant
to subsection (a) of this section, but not sooner than 30 days after the initial vote,
the Secretary shall designate the newly formed district as a union school district.
The Secretary shall certify that designation and send the certification together with
the clerks’ certifications to the Secretary of State, who shall record the certification.
(d) When the Secretary of State records the certification of the Secretary of Education,
the union school district shall be a body politic and corporate with the powers incident
to a municipal corporation, shall be known by the name or number given in the recorded
certification, by that name or number may sue and be sued, and may hold and convey
real and personal property for the use of the union school district. The recorded
certification shall be notice to all parties of the formation of the union school
district with all the powers incident to such a district as provided in this title.
(e) The Secretary of State shall file a certified copy of the recorded certification with
the clerk of each member district of a new union elementary or union high school district
and with the town clerk of each town within a new unified union school district. The
Secretary of State shall file the certified copies not later than 14 days after the
date on which the Secretary of Education certifies the existence of the union school
district to the Secretary of State. Filing a certified copy with each clerk shall
be prima facie evidence of full compliance with the requirements for the formation
of a union school district as set forth in this subchapter. (Added 2021, No. 176 (Adj. Sess.), § 3, eff. June 7, 2022.)
§ 714. Initial members of union school district board; tallying of at-large votes; oath of
office and assumption of duties
(a) Tallying of at-large votes for initial members of board. If the voters have elected some or all of the initial members of the union school
district board under either model involving at-large voting as set forth in subdivision
711(d)(2) (proposed unified union school district; modified at-large), (d)(3) (proposed
unified union school district; at-large), (e)(2) (proposed union elementary or union
high school district; modified at-large), or (e)(3) (proposed union elementary or
union high school district; at-large) of this chapter, then the total votes cast for
each of the at-large candidates shall be calculated as follows:
(1) Within seven days after the vote, the clerk of each school district voting on the
proposal to form a union school district shall transmit electronically to the Secretary
of Education the total number of votes cast in that school district for each at-large
candidate.
(2) The Secretary shall calculate the total votes cast for each candidate and transmit
those calculations to the clerks for verification. Ballots cast by the voters of any
“advisable” district that does not approve the proposal to form a new union school
district shall not be included in the calculation.
(3) When each clerk has verified the calculations, the Secretary shall prepare and execute
a certification of the votes cast for each candidate.
(b) Notification. If the voters approve formation of a new union school district, then within 30–45
days after the vote or 15 days after a vote to reconsider the original vote to form
the district, whichever is later, the notification of the election of initial board
members shall be sent to the Secretary of State as follows:
(1) The clerk of each forming district shall transmit the names of board members elected
in a manner that is proportional to town population as set forth in subdivision 711(d)(1)
(proposed unified union district; proportional to town population) or (e)(1) (proposed
union elementary or union high school district; proportional to town population) of
this chapter.
(2) The Secretary of Education shall transmit the names of board members elected under
either model involving at-large voting.
(c) Oath of office; assumption of duties; election of chair and clerk. The superintendent of the supervisory union serving the new union school district
shall cause the initial board members to be sworn in. Although the swearing-in may
occur prior to the organizational meeting required by section 715 of this chapter,
it shall not occur before the Secretary of State files the certified copy of the recorded
certification with each clerk pursuant to subsection 713(e) of this chapter. The initial
board members shall assume office upon being sworn in and shall meet to elect one
of their number to serve as the board chair and one other of its number to serve as
the board clerk, and to transact any other business within its jurisdiction; provided,
however, such meeting shall not occur prior to the organizational meeting required
by section 715 of this chapter. (Added 2021, No. 176 (Adj. Sess.), § 3, eff. June 7, 2022.)
§ 715. Organizational meeting; notice; business to be transacted
(a) Meeting. The union school district shall hold an organizational meeting within 60 days after
the Secretary of State files the certified copy of the recorded certification with
each clerk pursuant to subsection 713(e) of this chapter.
(b) Notice.
(1) The Secretary of Education shall prepare and execute a warning for the organizational
meeting. The warning shall give notice of the day, hour, and location of the meeting
and shall itemize the business to be transacted.
(2) The Secretary of Education shall transmit the signed warning to the superintendent,
who shall post the warning in at least one public place in each town within the union
school district and shall cause the warning to be published once in a newspaper of
general circulation in the towns within the union school district. Posting and publication
shall be made not more than 40 days nor less than 30 days before the date of the meeting.
(3) The union school district shall bear the cost of posting and publishing the warning.
(c) Business to be transacted.
(1) The Secretary or a person designated by the Secretary shall call the organizational
meeting to order and the registered voters shall consider the following items of business:
(A) Elect a temporary presiding officer and a temporary clerk of the union school district
from among the voters present at the organizational meeting.
(B) Adopt Robert’s or other rules of order, which shall govern the parliamentary procedures
of the organizational meeting and all subsequent meetings of the union school district.
(C) Elect a moderator of the union school district from among the voters.
(D) Elect a clerk of the union school district from among the voters or vote to authorize
the school board to appoint a clerk of the union school district from among the voters.
(E) Elect a treasurer of the union school district or vote to authorize the school board
to appoint a treasurer of the union school district. The treasurer may also be the
supervisory union treasurer and need not be a resident of the union school district.
(F) Determine the date and location of the union school district’s annual meeting, which
shall be not earlier than February 1 nor later than June 1, if not previously determined
by the voter-approved articles of agreement.
(G) Determine whether compensation shall be paid to the moderator, clerk, and treasurer
of the union school district elected at the organizational meeting and at subsequent
annual meetings of the union school district and, if so, the amount to be paid to
them.
(H) Determine whether compensation shall be paid to members of the union school district
board and, if so, the amount to be paid to them.
(I) Establish provisions for payment by the union school district of any expense incurred
or to be incurred by or on behalf of the district for the period between the date
on which the voters approved formation of the union school district and the first
annual meeting of the union district.
(J) Determine whether to authorize the initial board of the union school district to borrow
money pending receipt of payments from the Education Fund by the issuance of its note
payable not later than one year from the date of the note. Regardless of whether the
voters provide this authorization, the initial board is authorized to borrow sufficient
funds to meet pending obligations until the voters approve a budget for the initial
year of operation pursuant to subdivision 716(b)(3) of this chapter.
(K) Transact any other business, the subject matter of which has been included in the
warning, that the voters have power to transact at any annual or special meeting and
transact any nonbinding business that may legally come before the voters.
(2) When there is only one nominee for temporary presiding officer, temporary clerk, moderator,
district clerk, or district treasurer, the voters may, by acclamation, instruct an
officer to elect the nominee by casting one ballot, and upon the ballot being cast,
the nominee shall be legally elected and shall thereupon be sworn.
(3) The elected officers listed in subdivisions (1)(A) (temporary presiding officer and
temporary clerk), (C) (moderator of the union school district), (D) (clerk of the
union school district), and (E) (treasurer of the union school district) of this subsection
shall be sworn in before entering upon the duties of their offices and a record made
by the district clerk. They shall assume office upon being sworn in. The officers
listed in subdivisions (1)(C), (D), and (E) of this subsection shall serve terms as
set forth in section 735 (unified union school districts; officers) or 753 (union
elementary and union high school district; officers) of this chapter unless the voters
extend the term length up to three years.
(4) Any member of the union school district board not sworn in before the organizational
meeting pursuant to section 714 of this chapter may be sworn in at or after the organizational
meeting. (Added 2021, No. 176 (Adj. Sess.), § 3, eff. June 7, 2022.)
§ 716. Transition to full operations
(a) Operational date. The operational date of a union school district is the July 1 next following the date
on which the voters vote to approve formation of the district, unless the voter-approved
articles of agreement establish a different date.
(b) Roles and authority during transitional period. During the transitional period:
(1) The forming districts, through their boards, shall continue to be responsible for
the education of their respective resident students.
(2) The board of the new union school district shall develop school district policies;
adopt curriculum, educational programs, assessment measures, and reporting procedures;
negotiate and enter into contractual agreements; negotiate and enter into collective
bargaining agreements; set the school calendar for the fiscal year that begins on
the operational date; prepare and present to the voters the proposed budget for the
fiscal year that begins on the operational date; prepare for the annual and any special
meetings of the new union school district that may occur during the transitional period;
and transact any other lawful business coming before it.
(3) During the transitional period and continuing until the voters approve a budget for
the initial fiscal year of operation, the board of the new union school district shall
have the authority to borrow sufficient funds to meet pending obligations. The board
shall vote whether to include the total sum borrowed under this subsection as education
spending in the board’s proposed budget for the initial fiscal year or to treat the
sum as a deficit pursuant to 24 V.S.A. § 1523(b) (municipal and county government; duties of selectboards as to a deficit).
(c) Assets.
(1) Definition. For purposes of this subsection, the “assets” of a forming district shall include
all real and personal property, operating fund accounts, special fund accounts, trust
fund accounts, accounts receivable, and any other property to which the forming district
holds title or over which it has control.
(2) Transfer and acquisition of title. On or before the operational date, the forming districts shall transfer and the union
school district shall acquire ownership of all assets of the forming districts that
are owned by the forming districts on or before the June 30 immediately preceding
the operational date, unless the voter-approved articles of agreement explicitly provide
for an alternative disposition of a specific asset. The transfer of an asset shall
be subject to all encumbrances and conditions of record, unless the voter-approved
articles of agreement explicitly provide otherwise.
(3) Prohibition. A forming district shall not transfer ownership of an asset to any entity other than
the union school district between the date on which the vote occurs pursuant to section
710 (vote to form union school district) of this chapter and the operational date
unless explicitly authorized in the voter-approved articles of agreement or approved
by the voters of the union school district during the transitional period.
(4) Trust funds. A union school district shall hold and apply all trust funds transferred to it by
a forming district as the terms of the trust indicate. If the trust allows, a union
school district may use the funds to benefit union school district students who reside,
or buildings that are located, outside the geographical boundaries of the forming
district that originally held the trust.
(5) Reserve funds. A union school district shall hold and apply all reserve funds transferred to it
by a forming district pursuant to the conditions imposed prior to the date on which
the forming district voted to approve formation of the union school district.
(d) Liabilities.
(1) Definition. For purposes of this subsection, the “liabilities” of a forming district shall include
all contractual obligations, all indebtedness including principal and interest, and
any other legal commitment of a forming district.
(2) Transfer and assumption of liabilities. On or before the operational date, the forming districts shall transfer and the union
school district shall assume all liabilities of the forming districts that exist on
the June 30 immediately preceding the operational date, unless the voter-approved
articles of agreement explicitly provide otherwise.
(3) Prohibition. Notwithstanding the provisions of subdivision (2) of this subsection (d), a union
school district shall not assume liabilities that a forming district incurs between
the date on which the vote occurs pursuant to section 710 (vote to form union school
district) of this chapter and the operational date unless explicitly authorized in
the voter-approved articles of agreement or approved by the union school district
board during the transitional period; provided, however, that a union school district
shall in all cases assume the contractual obligations of the member districts regarding
each collective bargaining agreement or other employment contract entered into during
the transitional period until the agreement’s or contract’s expiration.
(e) Unpaid expenses. At the district’s first annual meeting following assumption of full operations or
at a later meeting as necessary, the voters of a new union school district shall vote
a sum sufficient to pay any unpaid balance of expenses, as defined in subdivision
715(c)(1)(H) of this chapter, that was incurred by or on behalf of the union school
district during the transitional period. (Added 2021, No. 176 (Adj. Sess.), § 3, eff. June 7, 2022.)
§ 717. Dissolution, reorganization, and discontinuation of forming districts
(a) Unified union school district; dissolution of forming districts. On its operational date, a unified union school district shall supplant all forming
districts and the forming districts shall cease to exist; provided, however, that
if the voter-approved articles of agreement explicitly provide for it, then the supplanted
forming districts and their boards may continue to exist for up to six months after
the operational date for the sole purpose of completing any outstanding business that
cannot legally be performed by the new unified union school district.
(b) Union Elementary and Union High School Districts.
(1) Reorganization of forming districts. On its operational date, a union elementary or union high school district shall supplant
each forming district for the grades for which the union elementary or union high
school district is organized (the supplanted grades). Each forming district shall
cease to be organized to provide for education in the supplanted grades but shall
continue to be responsible for the other grades for which it is organized; provided,
however, that if the voter-approved articles of agreement explicitly provide for it,
then the forming districts and their boards may continue to exist for the supplanted
grades for up to six months after the operational date for the sole purpose of completing
any outstanding business that cannot legally be performed by the new union elementary
or union high school district.
(2) Dissolution of forming districts. If a forming district is organized to provide for education solely in the grades
for which the new union elementary or union high school district is organized and
the forming district is a member district of another union school district for all
other grades, prekindergarten through grade 12, then the forming district shall cease
all educational operations on the new union district’s operational date, the new union
school district shall assume all powers and responsibilities of the forming district,
and the forming district shall cease to exist; provided, however, that if the voter-approved
articles of agreement explicitly provide for it, then the forming district and its
board may continue to operate for up to six months after the operational date for
the sole purpose of completing any outstanding business that cannot legally be performed
by the new union elementary or union high school district. (Added 2021, No. 176 (Adj. Sess.), § 3, eff. June 7, 2022.)
§ 718. Transfer of real property to town in which it is located
If the original voter-approved articles of agreement require sale of real property
to the town in which the property is located and the sale is scheduled to occur after
the operational date, or if after the operational date and after completing any statutory
and contractual prerequisites the union school district offers to sell any of its
real property to the town in which the property is located, then the town may assume
title to the real property for a price that is less than the fair market value only
as follows:
(1) The conveyance to the town shall be made subject to all encumbrances of record, the
assumption or payment of all outstanding bonds and notes, and the repayment of any
school construction aid or grants that may be required by law if any such obligation
was incurred before the operational date.
(2) The conveyance to the town shall be conditioned upon the town owning and using the
real property for community and public purposes for a minimum of five years.
(3) If the town sells the real property prior to five years of ownership, then the town
shall compensate the union school district for all capital improvements and renovations
initiated after the operational date and prior to the sale to the town. (Added 2021, No. 176 (Adj. Sess.), § 3, eff. June 7, 2022.)
§ 719. Supervisory union; supervisory district
(a) The State Board shall assign each union school district formed under this chapter
to a supervisory union for administrative, educational, and planning services, effective
on the day on which the union school district becomes a body politic and corporate
pursuant to subsection 713(d) (Secretary of State records the certification of the
Secretary of Education) of this chapter.
(b) If a union school district formed under this chapter is a unified union school district,
then the State Board may designate it as a supervisory district pursuant to the provisions
of this title, to be effective not earlier than the operational date of the unified
union school district.
(c) If a supervisory union includes at least one district that is a unified union school
district, then the State Board, on its own initiative or at the request of the board
of the supervisory union or the board of one or more districts in the supervisory
union, may at any time, adjust the supervisory union board representation required
by section 266 of this title to more fairly and accurately reflect the relative number of students for which each
district is responsible and the grades for which the district operates a school or
schools. (Added 2021, No. 176 (Adj. Sess.), § 3, eff. June 7, 2022.)
§ 721. Joining an existing union school district
(a) Action initiated by district outside the union school district.
(1) After preliminary study, if the board of a school district determines that it would
be advisable to join an existing union school district, then the board of the interested
school district shall request approval of the State Board to pursue this possibility.
(2) If the State Board determines that it is in the best interests of the State, the students,
and the districts involved and aligns with the policy set- forth in section 701 of this title for the interested school district to join the existing union school district, then
at a meeting of the interested school district warned for the purpose, the voters
shall vote whether to apply to the existing union school district for admission.
(3) If the voters of the interested school district approve the proposal to apply to the
union school district for admission, then the clerk of the interested school district
shall certify the results of the vote to the Secretary and to the clerk of the union
school district.
(4) If the voters of the union school district approve the application of the school district
within two years after the vote in subdivision (2) of this subsection, then the clerk
of the union school district shall certify the results of the vote to the Secretary.
(b) Action initiated by union school district.
(1) After preliminary study, if the board of a union school district determines that it
would be advisable to enlarge the district, then the board of the union school district
shall submit a plan to the State Board requesting approval to incorporate a distinct
school district into the union school district.
(2) If the State Board determines that it is in the best interests of the State, the students,
and the districts involved and aligns with the policy set- forth in section 701 of this title for the school district to join the existing union school district, then at a union
school district meeting warned for the purpose, the voters shall vote whether to enlarge
the union school district to include the school district.
(3) If the voters of the union school district approve the proposal to include the school
district, then the clerk of the union school district shall certify the results of
that vote to the Secretary and to the clerk of the school district.
(4) If the voters of the school district approve the offer to join the union school district
within two years after the vote in subdivision (2) of this subsection, then the clerk
of the school district shall certify the results of the vote to the Secretary.
(c) Certification; Secretary of State. Upon receipt of the clerk’s certification pursuant to subdivision (a)(4) (school district
application approval) or (b)(5) (school district approval of offer to join the union
school district) of this section, the Secretary of Education shall designate the existing
union school district to be enlarged pursuant to the votes and shall certify the enlargement
to the Secretary of State. When the Secretary of State records the certification of
the Secretary of Education, the union school district shall be enlarged accordingly,
although the union school district and the school district that will join it may decide
in advance of the votes that the enlarged union school district shall have a later
operational date. The Secretary of State shall file a certified copy of the recorded
certification with the clerks of the union school district and of the district that
is joining it. The Secretary of State shall file the certified copies not later than
14 days after the date the Secretary of Education certifies the designation to the
Secretary of State. Filing a certified copy with each clerk shall be prima facie evidence
of full compliance with the requirements for enlarging an existing union school district
as set forth in this section.
(d) Powers and responsibilities. A union school district enlarged pursuant to this section shall have all the powers
and responsibilities given to a union school district by this title. Unless otherwise
approved by the voters of the union school district and the school district that will
join it, if the operational date is delayed pursuant to an agreement under subsection
(c) of this section, then the joining school district shall share in the expenses
of the union school district beginning on the date the Secretary of State records
the certification of the Secretary of Education.
(e) Australian ballot. All votes of the electorate under this section shall occur by Australian ballot. (Added 2021, No. 176 (Adj. Sess.), § 3, eff. June 7, 2022.)
§ 722. Amendments to articles of agreement
(a) The union school district voters. Only the voters of a union school district may amend a specific condition or agreement
in the district’s articles of agreement if the condition or agreement was set forth
as a distinct subsection in the warning required by section 712 (warning on vote to
establish union school district and elect initial members of the board) of this chapter
to form the union school district or in a subsequent warning to amend the articles
pursuant to this section, which the voters approved.
(b) The union school district board. The board of a union school district may amend a specific condition or agreement in
the district’s articles of agreement only if the condition or agreement was not set
forth as a distinct subsection in a warning required in subsection (a) of this section,
but was instead incorporated into the warning by reference pursuant subsection 712(e)
of this chapter (warning on vote to establish union school district and elect initial
members of the board), or if the original articles of agreement or voter-approved
amendments authorize the board to amend a specific condition or agreement.
(c) Reduction of grades operated. Notwithstanding the provisions of subsection (a) (union school district voters) of
this section, the voters shall not vote whether to reduce the grades that the union
school district operates, and to begin paying tuition for those grades, unless the
State Board finds it is in the best interests of the State, the students, and the
districts involved and aligns with the policy set forth in section 701 of this title and gives prior approval to the proposed amendment.
(d) Number of board members. Notwithstanding the provisions of subsections (a) (union school district voters) and
(b) (union school district board) of this section, if membership on a union school
district board is proportional to town population as set forth in subdivisions 711(d)(1)
(proposed unified union school district) and (e)(1) (proposed union elementary or
union high school district) of this chapter, and if the district’s articles of agreement
direct the board to adjust board membership when necessary to conform to each new
decennial census, then the board shall amend the articles to adjust the apportionment
of board seats without presenting the amendment to the voters for approval.
(e) Districts created by State Board order. Notwithstanding the provisions of subsections (a) (union school district voters) and
(b) (union school district board) of this section, the authority to amend the articles
governing any union school district formed by the State Board’s Final Report and Order
issued on November 30, 2018 pursuant to 2015 Acts and Resolves No. 46, as amended,
vests either with the electorate or the board pursuant to the provisions of Article
14, as that article was issued by the State Board or subsequently amended by the voters
of the union school district.
(f) Process. A vote by the voters of a union school district to amend the articles of agreement
shall be by Australian ballot and shall proceed pursuant to sections 737 (warnings
of unified union school district meetings) and 739–742 (vote by Australian ballot)
of this chapter for unified union school districts and sections 755 (warnings of union
elementary and union high school district meetings) and 757–759 (vote by Australian
ballot) for union elementary and union high school districts. The warning shall contain
each proposed amendment as a distinct question to be determined separately. The provisions
of this subsection shall not apply to any issue to the extent that a different section
of law provides a specific amendment procedure. (Added 2021, No. 176 (Adj. Sess.), § 3, eff. June 7, 2022.)
§ 723. Decision to vote by Australian ballot
(a) If a union school district’s articles of agreement do not provide that the election
of board members or district officers, budget votes, or votes on other public questions
shall proceed by Australian ballot, then the voters of a union school district may
vote to do so at any annual or special meeting of the union school district where
the question has been duly warned.
(b) Any category of vote to be taken by Australian ballot shall proceed in this manner
in all towns within or member districts of a union school district.
(c) If voting in a unified union school district proceeds by Australian ballot, then the
provisions of sections 739–742 (vote by Australian ballot) of this chapter shall apply
to all votes taken by Australian ballot.
(d) If voting in a union elementary or union high school district proceeds by Australian
ballot, then the voters shall also determine whether the ballots shall be commingled
prior to counting total votes cast by Australian ballot in the union district.
(1) If the voters determine that the ballots shall not be commingled for counting in this
manner, then the board of civil authority of each town within the union elementary
or union high school district shall count the ballots cast in that town and report
that town’s results to the clerk of the union elementary or union high school district,
who shall calculate the total votes cast within the district and report the total
result to the public.
(2) If the voters determine that the ballots shall be commingled for counting, then the
ballots shall be deposited in separate ballot boxes at each polling location and the
provisions of sections 757–759 (vote by Australian ballot) of this chapter shall apply.
(e) The vote on whether to proceed by Australian ballot shall be taken by paper ballot.
(f) Unless clearly inconsistent, the provisions of 17 V.S.A. chapter 55 shall apply to
actions taken under this section. (Added 2021, No. 176 (Adj. Sess.), § 3, eff. June 7, 2022.)
§ 724. Withdrawal from or dissolution of a unified union school district
(a) Definition. As used in this section, “petitioning town” means the town within a unified union
school district that seeks to withdraw from the union district pursuant to the provisions
of this section.
(b) Withdrawal study committee.
(1) To initiate the process set forth in this section, the voters residing in the petitioning
town shall submit petitions to the clerk of the unified union school district indicating
the petitioners’ desire to withdraw the petitioning town from the union district.
Individual petitions shall be signed by at least five percent of the voters residing
in each of the towns within the union school district, with each town having its own
petition. The petitioners shall submit each petition to that town’s town clerk for
verification of the voting registration status of the signors. On a form created by
the Secretary of State’s Office, and appended to each petition, shall be the names
of three voters residing in the petitioning town to serve on a withdrawal study committee
and a signed statement by each of the three named voters consenting to serve. Once
each petition has been verified by the subject town clerk, the petitioners shall submit
the petitions to the clerk of the unified union school district.
(2) Within 30 days after receiving the petition, the board of the union district shall
recognize the creation of the withdrawal study committee and shall appoint a board
subcommittee to serve as a liaison between the board and the withdrawal study committee
and to represent the interests of the union district.
(3) Within 30 days after the board’s appointment of the liaison subcommittee, the superintendent
of the union district shall convene the first formal meeting of the withdrawal study
committee. The study committee shall elect one committee member to serve as chair.
(4) Before beginning any analysis under subsection (c) of this section or seeking technical
or analytical services from the union district staff or supervisory union staff, or
both, the withdrawal study committee shall obtain a letter of commitment from a supervisory
union board to explore the provision of supervisory union services if withdrawal is
ultimately approved.
(5) The withdrawal study committee is a public body pursuant to 1 V.S.A. § 310(4) and is subject to the requirements of chapter 5, subchapter 2 of that title.
(c) Analysis. The withdrawal study committee shall evaluate the strengths and challenges of the
current union district structure and consider the ways in which the union district
promotes or fails to promote the State policy set forth in section 701 of this chapter.
At a minimum, the withdrawal study committee shall evaluate:
(1) the educational advantages and disadvantages likely to result from the proposed withdrawal
of the petitioning town from the union district:
(A) on the students residing in the proposed new school district; and
(B) on the students remaining in the union district if withdrawal is approved;
(2) the educational advantages and disadvantages likely to result from the continued inclusion
of the petitioning town as a town within the union district:
(A) on the students residing in the petitioning town; and
(B) on the students residing in the other towns within the union district;
(3) the financial advantages and disadvantages likely to result from the proposed withdrawal
of the petitioning town from the union district:
(A) on the taxpayers residing in the proposed new school district; and
(B) on the taxpayers remaining in the union district if withdrawal is approved;
(4) the financial advantages and disadvantages likely to result from the continued inclusion
of the petitioning town as a town within the union district:
(A) on the taxpayers residing in the petitioning town; and
(B) on the taxpayers residing in the other towns within the union district;
(5) the likely operational and financial viability and sustainability of:
(A) the proposed new school district; and
(B) the union district if withdrawal is approved;
(6) any other advantages and disadvantages of withdrawal, including any advantages and
disadvantages to the students and taxpayers of the region and the State; and
(7) the potential source of supervisory union services for the proposed new school district,
including discussions with the board of any supervisory union to which the report
of the withdrawal study committee might propose assignment.
(d) Report, including a plan for withdrawal; decision not to prepare report.
(1) Report supporting withdrawal.
(A) If, after conducting the analysis required by subsection (c) of this section, the
withdrawal study committee votes to advance the withdrawal process as further outlined
in this section, then the committee shall prepare a report, which it shall deliver
electronically to the union district board and which the superintendent shall publish
on the district’s website.
(B) At a minimum, the report shall include:
(i) the analysis conducted pursuant to subsection (c) of this section, describing the
ways in which the data and analysis:
(I) support withdrawal; and
(II) do not support the continuation of the union district in its current configuration;
(ii) the proposed financial terms of withdrawal, including the proposed ownership of buildings
and other assets and the proposed responsibility for financial and other contractual
obligations, including debts;
(iii) a plan, including a detailed timeline, for the actions the proposed new school district
would take to ensure that, on a proposed operational date, it could provide for the
education of its students in prekindergarten through grade 12 by operating all grades,
tuitioning all grades, or operating some grades and tuitioning the remainder, in a
manner that will meet educational quality standards as required by section 165 of this title, and including, if applicable, the process by which the proposed new school district
would explore formation of a new union school district with one or more other school
districts in the region and would integrate or condition any votes to withdraw with
votes on formation of a new union district; and
(iv) a proposal, including analysis, for the potential source of supervisory union services
for the proposed new school district, including, if applicable to the proposal:
(I) a recommendation of one or more potential supervisory unions to which the State Board
could assign the proposed new school district; and
(II) a statement from the board of the potential supervisory union or unions regarding
the ability and willingness to accept the proposed new school district as a member
district.
(C) Within 45 days following receipt of the withdrawal study committee report, the union
district board shall invite the members of the withdrawal study committee to attend
a regularly scheduled meeting of the board to present the contents of its report and
to answer any questions posed by the board. The board shall also invite the members
of the liaison subcommittee to share any analysis and conclusions at the meeting.
The withdrawal study committee has sole authority to determine the contents of its
report.
(2) Decision not to propose withdrawal. If, after conducting the analysis required by subsection (c) of this section, the
withdrawal study committee votes not to approve advancement of the withdrawal process,
then:
(A) the withdrawal study committee shall prepare a brief written statement explaining
the reasons underlying the votes supporting and not supporting advancement, which
it shall deliver electronically to the union district board and which the superintendent
shall publish on the district’s website;
(B) within 45 days following receipt of the withdrawal study committee report, the union
district board shall invite the members of the withdrawal study committee to attend
a regularly scheduled meeting of the board to present the contents of the written
statement and to answer any questions posed by the board; and
(C) the withdrawal study committee shall cease to exist upon adjournment of the union
district board’s meeting.
(e) Secretary and State Board.
(1) Secretary. If the study committee voted to proceed pursuant to subdivision (d)(1) of this section,
then within 30 days after attending the union district board meeting pursuant to subdivision
(d)(1)(C) of this section, it shall deliver its report electronically to the Secretary
for review. The liaison subcommittee may also submit a report outlining its analysis
and conclusions. The Secretary shall submit the report or reports, with recommendations,
to the State Board.
(2) State Board review. The State Board:
(A) shall consider the report or reports and the Secretary’s recommendations;
(B) shall provide representatives of the withdrawal study committee and the liaison subcommittee
an opportunity to be heard;
(C) may, in its discretion, take testimony from other individuals and entities;
(D) may ask the Secretary, the withdrawal study committee, or the liaison subcommittee
to make further investigation and may consider any other information the State Board
deems to be pertinent; and
(E) may request the members of the withdrawal study committee to amend the report.
(3) State Board action.
(A) Advisory opinion with positive recommendation. If the State Board finds that the withdrawal proposal contained in the report, including
the most feasible options for the provision of supervisory union services to the proposed
new school district, is in the best interests of the State, the region, the students,
and the school districts and aligns with the policy set forth in section 701 of this title, then within 90 days after receiving the report of the study committee the State
Board shall:
(i) issue an opinion recommending approval of the withdrawal proposal;
(ii) provide a preliminary assessment of most feasible options for the provision of supervisory
union services to the proposed new school district if withdrawal is approved by the
voters; and
(iii) make any other finding or declaration, and approve any other motion, related and necessary
to the withdrawal proposal.
(B) Advisory opinion with negative recommendation. If the State Board finds that the withdrawal proposal contained in the report, including
the most feasible options for the provision of supervisory union services to the proposed
new school district, is not in the best interests of the State, the region, the students,
and the school districts or does not align with the policy set forth in section 701 of this title, or both, then within 90 days after receiving the report of the study committee the
State Board shall:
(i) issue an opinion recommending disapproval of the withdrawal proposal, including a
written statement detailing the reasons supporting this conclusion;
(ii) provide a preliminary assessment of most feasible options for the provision of supervisory
union services to the proposed new school district if withdrawal is approved by the
voters; and
(iii) make any other finding or declaration and approve any other motion related and necessary
to the withdrawal proposal.
(f) Vote of the electorate.
(1) Vote following positive recommendation of the State Board.
(A) Within 30 days after receipt of the State Board’s written recommendation, the superintendent
shall file the withdrawal study committee’s report, the State Board’s written recommendation,
and any report of the liaison subcommittee with the clerk of the union district and
the town clerk of each town within the union district.
(B) Within 90 days after the clerk of the union district receiving the reports and recommendations
described in subdivision (A) of this subsection, the voters of the union district,
including those residing in the petitioning town, shall vote whether to approve withdrawal
as set forth in the report. The question shall be determined by Australian ballot
and shall proceed pursuant to sections 737 (warnings of unified union school district
meetings) and 739–741 (vote by Australian ballot) of this chapter. The ballots shall
not be commingled.
(C) Withdrawal from the union district shall occur if the question is approved by a majority
vote of the union district voters living in each town within the district, including
the petitioning town. If a majority of the voters in one or more towns within the
union district do not vote in favor of withdrawal, then the proposed withdrawal shall
not occur.
(D) Within 45 days after the vote or 15 days after a vote to reconsider the original vote
under 17 V.S.A. § 2661, whichever is later, the clerk of each town within the union district shall certify
the results of the vote to the Secretary of Education, and the Secretary shall advise
the State Board of the certified results. Each clerk shall submit the certification
regardless of whether the voters in that town approved withdrawal. The withdrawal
study committee shall cease to exist when each clerk has submitted a certification
to the Secretary.
(2) Vote following negative recommendation of the State Board.
(A) The superintendent shall file the withdrawal study committee’s report, the State Board’s
written recommendation, and any report of the liaison subcommittee with the clerk
of the union district and with the town clerk of each town within the union district.
(B) The union district voters residing in the petitioning town shall vote whether to withdraw
from the union district pursuant to the terms set forth in the report.
(i) The question shall be determined by Australian ballot and shall proceed pursuant to
sections 737 (warnings of unified union school district meetings) and 739–741 (vote
by Australian ballot) of this chapter.
(ii) The withdrawal proposal shall proceed to a vote in each of the other towns within
the union district only if approved by a majority of the union district voters residing
in the petitioning town present and voting yes or no on the warned question. If a
majority of the voters in the petitioning town do not vote in favor of withdrawal,
then the proposed withdrawal shall not occur.
(C) Within 45 days after the vote in subdivision (B) of this subdivision (f)(2) or 15
days after a vote to reconsider the original vote under 17 V.S.A. § 2661, whichever is later, the clerk of the petitioning town shall certify the results
of the vote to the Secretary of State who shall record the certificate and give notice
of the vote to the clerk of the union district, the clerks of each of the other towns
within the union district, and the Secretary of Education. The clerk of the petitioning
town shall submit the certification regardless of whether the voters in the petitioning
town approved withdrawal. The withdrawal study committee shall cease to exist upon
submission of the certification.
(D) If the union district voters residing in the petitioning town approve the withdrawal
proposal pursuant to subdivision (B) of this subdivision (f)(2), then, within 90 days
after receiving notice of the certification as required in subdivision (C) of this
subdivision (f)(2), the voters of the union district residing in each of the other
towns shall vote on the same day whether to approve withdrawal of the petitioning
town as set forth in the final report.
(i) The question shall be determined by Australian ballot and shall proceed pursuant to
sections 737 (warnings of unified union school district meetings) and 739–741 (vote
by Australian ballot) of this chapter. The ballots shall not be commingled.
(ii) Withdrawal from the union district shall occur if the question is approved by a majority
vote of the union district voters living in each of the other towns within the union
district. If a majority of the voters in one or more towns within the union district
do not vote in favor of withdrawal, then the proposed withdrawal shall not occur.
(E) Within 45 days after the vote in subdivision (D) of this subdivision (f)(2) or 15
days after a vote to reconsider the original vote under 17 V.S.A. § 2661, whichever is later, the clerk of each of the other towns within the union district
shall certify the results of the vote to the Secretary of Education, and the Secretary
shall advise the State Board of the certified results. Each clerk shall submit the
certification regardless of whether the voters in that town approved withdrawal. The
withdrawal study committee shall cease to exist when each clerk has submitted a certification
to the Secretary.
(g) Election of potential board members. On the day on which they vote whether to approve withdrawal, the union district voters
residing in the petitioning town shall also vote for three individual registered voters
from the petitioning town to serve as the initial members of the proposed new school
district’s board if withdrawal is approved. The nomination and election of the initial
members shall proceed pursuant to subdivision 730(a)(1) of this chapter (election
of board members under the proportional to town model by Australian ballot). The term
of office for each initial member shall be arranged so that one term expires on the
day of the second annual meeting of the proposed new school district, one term expires
on the day of the third annual meeting, and one term expires on the day of the fourth
annual meeting.
(h) State Board’s duties if withdrawal is approved. If the union district voters approve withdrawal pursuant to subsection (f) of this
section, then upon receiving notice from the Secretary pursuant to subdivision (f)(1)(D)
or (f)(2)(E) of this section, the State Board shall:
(1) Declare the withdrawal approved as of the date of the Board’s meeting; provided, however,
that withdrawal shall not be final until the date identified in the voter-approved
proposal of withdrawal.
(2) Declare the creation and existence of the new school district, effective on the date
of the Board’s declaration; provided, however, that:
(A) the new school district shall assume full and sole responsibility for the education
of its resident students on the date identified in the voter-approved proposal of
withdrawal; and
(B) until the identified operational date, the new school district shall exist for the
sole purposes of:
(i) convening an organizational meeting of the voters of the new school district to prepare
the district to assume its responsibilities;
(ii) organizing the school board of the new school district, which shall be responsible
for preparing a proposed budget for the fiscal year beginning on the identified operational
date;
(iii) approving the budget of the new school district for the fiscal year beginning on the
identified operational date; and
(iv) taking any other actions necessary, as district voters or as a school board, for the
new school district to assume full responsibility for providing for the education
of the district’s resident students in all grades, prekindergarten through grade 12,
on the identified operational date.
(3) Determine or set a schedule for determining the manner in which supervisory union
services will be provided to the new school district, to be effective on the district’s
identified operational date.
(A) In addition to the considerations set forth in section 261 of this title, when the State Board makes its determination, it shall consider the potential positive
and negative consequences on all affected districts and supervisory unions if supervisory
union services were provided to the new school district in a manner that required:
(i) a union district serving as its own supervisory district to become a member of a multidistrict
supervisory union; or
(ii) a neighboring supervisory union to accept one or more additional districts that the
supervisory union testifies it is not able to accommodate.
(B) If assigned to a multidistrict supervisory union, then the board of the new school
district may appoint its members to the supervisory union board pursuant to section 266 of this title, where they may participate as nonvoting members of that board until the new school
district’s operational date.
(i) Certification; Secretary of State. If the State Board declares the creation and existence of a new school district pursuant
to subdivision (h)(2) of this section, then within 30 days following such action the
Secretary of Education shall certify the adjustment of the towns within the union
district to the Secretary of State. When the Secretary of State records the certification
of the Secretary of Education, the towns within the union district shall be adjusted
accordingly; provided, however, that the voter-approved proposal of withdrawal shall
establish the date on which withdrawal shall be final, the new school district shall
assume full and sole responsibility for the education of its resident students, and
the union school district shall no longer have responsibility for the education of
those students. Not more than 14 days after the date the Secretary of Education certifies
the adjustment, the Secretary of State shall file a certified copy of the recorded
certification with the clerk of the union district and the clerk for the town in which
the new school district is located. Filing a certified copy with the clerks shall
be prima facie evidence of full compliance with the requirements for adjusting the
union school district by withdrawal as set forth in this section.
(j) Timing of action.
(1) The voters residing in any town within a union district shall not initiate the withdrawal
process set forth in this section within the first year after the latter of the operational
date of a newly formed union district or, if applicable, the operational date of a
union district adjusted pursuant to subsection (i) of this section.
(2) If a petitioning town’s action to withdraw from a union school district is unsuccessful,
then the voters residing in that town shall not initiate a new withdrawal action under
this section until two years after either a withdrawal study committee votes not to
approve advancement of the withdrawal process or the vote by the voters that concluded
the initial withdrawal action. (Added 2021, No. 176 (Adj. Sess.), § 3, eff. June 7, 2022.)
§ 725. Withdrawal from or dissolution of a union elementary or union high school district
(a) Definitions. As used in this section:
(1) “Petitioning district” means:
(A) a member district of a union elementary or union high school district that seeks to
withdraw from the union district pursuant to the provisions of this section; or
(B) a town that is a member of both a union elementary school district and a union high
school district, is not independently organized as a district that is responsible
for the education of students in any grade, does not have a town school district board,
and that seeks to withdraw from a union elementary or union high school district pursuant
to the provisions of this section.
(2) “New school district” means the petitioning district once the State Board has declared
it to be withdrawn from the union elementary or union high school district.
(b) Withdrawal study committee.
(1) To initiate the process set forth in this section, the board of the petitioning district
shall submit a petition to the clerk of the union elementary or union high school
district indicating its desire to withdraw the petitioning district from the union
district and identifying at least three board members of the petitioning district
who will serve on a withdrawal study committee. The board of the petitioning district
shall submit the petition to the clerk of the union school district after either a
vote by the board of the petitioning district or receipt of individual petitions signed
by at least five percent of the voters residing in the petitioning district and five
percent of the voters residing in each of the other member districts within the union
school district, with each member district having its own petition. The clerk of the
petitioning district shall submit each petition to the subject member district’s clerk
for verification of the voting registration of the signors. Once each petition has
been verified by the subject district clerk, the board of the petitioning district
shall append the individual petitions to the withdrawal petition it sends to the clerk
of the union district.
(2) To initiate the process set forth in this section if the petitioning district does
not have a town school district board, the voters residing in the petitioning district
shall submit petitions to the clerk of the unified union school district indicating
the petitioners’ desire to withdraw the petitioning district from the union district.
Individual petitions shall be signed by at least five percent of the voters residing
in the petitioning district and five percent of the voters residing in each of the
member districts within the union school district, with each district having its own
petition. The petitioning district shall submit each petition to that district’s clerk
for verification of the voting registration status of the signors. On a form created
by the Secretary of State’s Office, and appended to each petition, shall be the names
of three voters residing in the petitioning district to serve on a withdrawal study
committee and a signed statement by each of the three named voters consenting to serve.
Once each petition has been verified by the subject district clerk, the petitioning
district shall submit the petitions to the clerk of the union school district.
(3) Within 30 days after receiving the petition, the board of the union district shall
recognize the creation of the withdrawal study committee and shall appoint a board
subcommittee to serve as a liaison between the board and the withdrawal study committee
and to represent the interests of the union district.
(4) Within 30 days after the board’s appointment of the liaison subcommittee, the superintendent
of the union district shall convene the first formal meeting of the withdrawal study
committee. The study committee shall elect one committee member to serve as Chair.
(5) Before beginning any analysis under subsection (c) of this section or seeking technical
or analytical services from the union district staff or supervisory union staff, or
both, the withdrawal study committee shall obtain a letter of commitment from a supervisory
union board to explore the provision of supervisory union services if withdrawal is
ultimately approved.
(6) The withdrawal study committee is a public body pursuant to 1 V.S.A. § 310(4) and is subject to the requirements of chapter 5, subchapter 2 of that title.
(c) Analysis. The withdrawal study committee shall evaluate the strengths and challenges of the
current union district structure and consider the ways in which the union district
promotes or fails to promote the State policy set forth in section 701 of this chapter.
At a minimum, the withdrawal study committee shall evaluate:
(1) the educational advantages and disadvantages likely to result from the proposed withdrawal
of the petitioning district from the union elementary or union high school district:
(A) on the students residing in the proposed new school district; and
(B) on the students remaining in the union district if withdrawal is approved;
(2) the educational advantages and disadvantages likely to result from the continued inclusion
of the petitioning district as a member district of the union elementary or union
high school district:
(A) on the students residing in the petitioning district; and
(B) on the students residing in the other member districts of the union district;
(3) the financial advantages and disadvantages likely to result from the proposed withdrawal
of the petitioning district from the union elementary or union high school district:
(A) on the taxpayers residing in the proposed new school district; and
(B) on the taxpayers remaining in the union district if withdrawal is approved;
(4) the financial advantages and disadvantages likely to result from the continued inclusion
of the petitioning district within the union elementary or union high school district:
(A) on the taxpayers residing in the petitioning district; and
(B) on the taxpayers residing in the other member districts within the union district;
(5) the likely operational and financial viability and sustainability of:
(A) the proposed new school district; and
(B) the union elementary or union high school district if withdrawal is approved;
(6) any other advantages and disadvantages of withdrawal, including any advantages and
disadvantages to the students and taxpayers of the region and the State; and
(7) the potential source of supervisory union services for the proposed new district,
including discussions with the board of any supervisory union to which the report
of the withdrawal study committee might propose assignment or the continuation of
assignment.
(d) Report, including a plan for withdrawal; decision not to prepare report.
(1) Report supporting withdrawal.
(A) If, after conducting the analysis required by subsection (c) of this section, the
withdrawal study committee votes to advance the withdrawal process as further outlined
in this section, then the committee shall prepare a report, which it shall deliver
electronically to the union district board and which the superintendent shall publish
on the district’s website.
(B) At a minimum, the report shall include:
(i) the analysis conducted pursuant to subsection (c) of this section, describing the
ways in which the data and analysis:
(I) support withdrawal; and
(II) do not support the continuation of the union elementary or union high school district
in its current configuration;
(ii) the proposed financial terms of withdrawal, including the proposed ownership of buildings
and other assets and the proposed responsibility for financial and other contractual
obligations, including debts;
(iii) a plan, including a detailed timeline, for the actions the proposed new school district
would take to ensure that, on the proposed operational date, it could provide for
the education of its students in the grades for which the union elementary or union
high school district is organized, in a manner that will meet educational quality
standards as required by section 165 of this title, and including, if applicable, the process by which the proposed new school district
would explore formation of a new union district with one or more other school districts
in the region and would integrate or condition any votes to withdraw with votes on
formation of a new union district; and
(iv) a proposal, including analysis, for the source of supervisory union services for the
proposed new school district.
(C) Within 45 days following receipt of the study committee report, the union elementary
or union high school district board shall invite the members of the withdrawal study
committee to attend a regularly scheduled meeting of the board to present the contents
of its report and to answer any questions posed by the board. The board shall also
invite the members of the liaison subcommittee to share any analysis and conclusions
at the meeting. The withdrawal study committee has sole authority to determine the
contents of its report.
(2) Decision not to propose withdrawal. If, after conducting the analysis required by subsection (c) of this section, the
withdrawal study committee votes not to approve advancement of the withdrawal process,
then:
(A) the withdrawal study committee shall prepare a brief written statement explaining
the reasons underlying the votes supporting and not supporting advancement, which
it shall deliver electronically to the union district board and which the superintendent
shall publish on the district’s website;
(B) within 45 days following receipt of the study committee report, the union elementary
or union high school district board shall invite the members of the withdrawal study
committee to attend a regularly scheduled meeting of the board to present the contents
of the written statement and to answer any questions posed by the board; and
(C) the withdrawal study committee shall cease to exist upon adjournment of the union
elementary or union high school district board’s meeting.
(e) Secretary and State Board.
(1) Secretary. If the study committee voted to proceed pursuant to subdivision (d)(1) of this section,
then within 30 days after attending the union district board meeting pursuant to subdivision
(d)(1)(C) of this section, it shall deliver its report electronically to the Secretary
for review. The liaison subcommittee may also submit a report outlining its analysis
and conclusions. The Secretary shall submit the report or reports, with recommendations,
to the State Board.
(2) State Board review. The State Board:
(A) shall consider the report or reports and the Secretary’s recommendations;
(B) shall provide representatives of the withdrawal study committee and the liaison subcommittee
an opportunity to be heard;
(C) may, in its discretion, take testimony from other individuals and entities;
(D) may ask the Secretary, the withdrawal study committee, or the liaison subcommittee
to make further investigation and may consider any other information the State Board
deems to be pertinent; and
(E) may request the members of the withdrawal study committee to amend the report.
(3) State Board action.
(A) Advisory opinion with positive recommendation. If the State Board finds that the withdrawal proposal contained in the report is in
the best interests of the State, the region, the students, and the school districts,
and aligns with the policy set forth in section 701 of this title, then within 90 days after receiving the report of the study committee the State
Board shall:
(i) issue an opinion recommending approval of the withdrawal proposal;
(ii) provide a preliminary assessment of the source of supervisory union services to the
proposed new school district if withdrawal is approved by the voters; and
(iii) make any other finding or declaration, and approve any other motion, related and necessary
to the withdrawal proposal.
(B) Advisory opinion with negative recommendation. If the State Board finds that the withdrawal proposal contained in the report is not
in the best interests of the State, the region, the students, and the school districts
or does not align with the policy set forth in section 701 of this title, or both, then within 90 days after receiving the report of the study committee,
the State Board shall:
(i) issue an opinion recommending disapproval of the withdrawal proposal, including a
written statement detailing the reasons supporting this conclusion;
(ii) provide a preliminary assessment of the source supervisory union services to the proposed
new school district if withdrawal is approved by the voters; and
(iii) make any other finding or declaration, and approve any other motion, related and necessary
to the withdrawal proposal.
(f) Vote of the electorate.
(1) Vote following positive recommendation of the State Board.
(A) Within 30 days after receipt of the State Board’s written recommendation, the superintendent
shall file the withdrawal study committee’s report, the State Board’s written recommendation,
and any report of the liaison subcommittee with the clerk of the union elementary
or union high school district and the district clerk of each of the member districts
within the union elementary or union high school district.
(B) Within 90 days after the clerk of the union district receiving the reports and recommendations
described in subdivision (A) of this subdivision (f)(1), the voters of the union elementary
or union high school district, including those residing in the petitioning district,
shall vote whether to approve withdrawal as set forth in the report. The question
shall be determined by Australian ballot and shall proceed pursuant to sections 755
(warnings of union elementary and union high school district meetings) and 757–759
(vote by Australian ballot) of this chapter.
(C) Withdrawal from the union elementary or union high school district shall occur if
the question is approved by a majority vote of the union district voters living in
each of the member districts within the union elementary or union high school district,
including in the petitioning district. If a majority of the voters in one or more
member districts within the union elementary or union high school district do not
vote in favor of withdrawal, then the proposed withdrawal shall not occur.
(D) Within 45 days after the vote or 15 days after a vote to reconsider the original vote
under 17 V.S.A. § 2661, whichever is later, the clerk of each member district within the union elementary
or union high school district shall certify the results of the vote to the Secretary
of Education, and the Secretary shall advise the State Board of the certified results.
Each clerk shall submit the certification regardless of whether the voters in that
district approved withdrawal. The withdrawal study committee shall cease to exist
when each clerk has submitted a certification to the Secretary.
(E) If the petitioning district or one of the other member districts does not have a town
school district board, the legislative body or appropriate officer of the town shall
perform electoral functions, including warning meetings and conducting the voting
process, ordinarily performed by and in member districts on behalf of a union school
district.
(2) Vote following negative recommendation of the State Board.
(A) The superintendent shall file the withdrawal study committee’s report, the State Board’s
written recommendation, and any report of the liaison subcommittee with the clerk
of the union elementary or union high school district and the district clerk of each
of the member districts within the union elementary or union high school district.
(B) The union district voters residing in the petitioning district shall vote whether
to withdraw from the union elementary or union high school district pursuant to the
terms set forth in the report.
(i) The question shall be determined by Australian ballot and shall proceed pursuant to
sections 755 (warnings of union elementary and union high school district meetings)
and 757–759 (vote by Australian ballot) of this chapter.
(ii) The withdrawal proposal shall proceed to a vote in each of the other member districts
within the union elementary or union high school district only if approved by a majority
of the union district voters residing in the petitioning district present and voting
yes or no on the warned question. If a majority of the voters in the petitioning district
do not vote in favor of withdrawal, then the proposed withdrawal shall not occur.
(C) Within 45 days after the vote in subdivision (B) of this subdivision (f)(2) or 15
days after a vote to reconsider the original vote under 17 V.S.A. § 2661, whichever is later, the clerk of the petitioning district shall certify the results
of the vote to the Secretary of State who shall record the certificate and give notice
of the vote to the clerk of the union elementary or union high district, the clerks
of each of the other member districts within the union district, and the Secretary
of Education. The clerk of the petitioning district shall submit the certification
regardless of whether the voters in the petitioning district approved withdrawal.
The withdrawal study committee shall cease to exist upon submission of the certification.
(D) If the union elementary or union high school district voters residing in the petitioning
district approve the withdrawal proposal pursuant to subdivision (B) of this subdivision
(f)(2), then, within 90 days after receiving notice of the certification as required
in subdivision (C) of this subdivision (f)(2), the voters of the union elementary
or union high school district residing in each of the other member districts shall
vote on the same day whether to approve withdrawal of the petitioning district as
set forth in the final report.
(i) The question shall be determined by Australian ballot and shall proceed pursuant to
sections 755 (warnings of union elementary and union high school district meetings)
and 757–759 (vote by Australian ballot) of this chapter.
(ii) Withdrawal from the union elementary or union high school district shall occur if
the question is approved by a majority vote of the union district voters living in
each of the other member districts within the union elementary or union high school
district. If a majority of the voters living in one or more member districts within
the union district do not vote in favor of withdrawal, then the proposed withdrawal
shall not occur.
(E) Within 45 days after the vote in subdivision (D) of this subdivision (f)(2) or 15
days after a vote to reconsider the original vote under 17 V.S.A. § 2661, whichever is later, the clerk of each of the other member districts within the union
elementary or union high school district shall certify the results of the vote to
the Secretary of Education, and the Secretary shall advise the State Board of the
certified results. Each clerk shall submit the certification regardless of whether
the voters in that member district approved withdrawal. The withdrawal study committee
shall cease to exist when each clerk has submitted a certification to the Secretary.
(F) If the petitioning district or one of the other member districts does not have a town
school district board, the legislative body or appropriate officer of the town shall
perform electoral functions, including warning meetings and conducting the voting
process, ordinarily performed by and in member districts on behalf of a union school
district.
(g) Election of potential board members. If the petitioning district does not have a town school district board, on the day
on which they vote whether to approve withdrawal, the union district voters residing
in the petitioning school district shall also vote for three individual registered
voters from the petitioning district to serve as the initial members of the proposed
new school district’s board if withdrawal is approved. The nomination and election
of the initial members shall proceed pursuant to subdivision 748(a)(1) of this chapter
(election of board members under the proportional to town model by Australian ballot).
The term of office for each initial member shall be arranged so that one term expires
on the day of the second annual meeting of the proposed new school district, one term
expires on the day of the third annual meeting, and one term expires on the day of
the fourth annual meeting.
(h) State Board’s duties if withdrawal is approved. If the union elementary or union high school district voters approve withdrawal pursuant
to subsection (f) of this section, then upon receiving notice from the Secretary pursuant
to subdivision (f)(1)(D) or (f)(2)(E) of this section, the State Board shall:
(1) declare the withdrawal approved as of the date of the Board’s meeting; provided, however,
that withdrawal shall not be final until the date identified in the voter-approved
proposal of withdrawal;
(2) declare it to be the obligation of the new school district to assume responsibility
for the education of its residents in the grades for which the union elementary or
union high school district was previously responsible, effective on the date of the
Board’s declaration; provided, however, that:
(A) the new school district shall assume full and sole responsibility for the education
of its resident students in the grades for which the union elementary or union high
school district was previously responsible on the date identified in the voter-approved
proposal of withdrawal; and
(B) until the identified operational date, the new school district shall exist for the
sole purposes of:
(i) providing for the education of its residents in the grades for which it was organized
prior to withdrawal;
(ii) convening an organizational meeting of the voters of the new school district to prepare
the district to assume its new responsibilities if the petitioning district did not
have a town school district board;
(iii) organizing the school board of the new school district if the petitioning district
did not have a town school district board;
(iv) preparing a proposed budget for the fiscal year beginning on the identified operational
date;
(v) approving the budget of the new school district for the fiscal year beginning on the
identified operational date; and
(vi) taking any other actions necessary, as district voters or as a school board, for the
new school district to assume full responsibility for providing for the education
of the district’s resident students in the grades it is now organized to provide for,
on the identified operational date; and
(3) ensure a smooth transition of supervisory services, to be effective on the district’s
identified operational date.
(i) Certification; Secretary of State. If the State Board declares it to be the obligation of the new school district pursuant
to subdivision (h)(2) of this section to provide for the education of resident students
who were formerly the responsibility of the union elementary or union high school
district, then within 30 days following such action the Secretary of Education shall
certify the adjustment of the member districts within the union elementary or union
high school district to the Secretary of State. When the Secretary of State records
the certification of the Secretary of Education, the member districts within the union
elementary or union high school district shall be adjusted accordingly; provided,
however, that the voter-approved proposal of withdrawal shall establish the date on
which withdrawal shall be final, the new school district shall assume full and sole
responsibility for the education of its residents in the grades for which it is now
organized, and the union school district shall no longer have responsibility for the
education of those students. Not more than 14 days after the date the Secretary of
Education certifies the adjustment, the Secretary of State shall file a certified
copy of the recorded certification with the clerk of the union elementary or union
school district and the clerk for new school district. Filing a certified copy with
the clerks shall be prima facie evidence of full compliance with the requirements
for adjusting the union school district by withdrawal as set forth in this section.
(j) Timing of action.
(1) The voters residing in any member district within a union elementary or union high
school district shall not initiate the withdrawal process set forth in this section
within the first year after the latter of the operational date of a newly formed union
elementary or union high school district or, if applicable, the operational date of
a union elementary or union high school district adjusted pursuant to subsection (h)
of this section.
(2) If a petitioning district’s action to withdraw from a union elementary or union high
school district is unsuccessful, then the voters residing in that member district
shall not initiate a new withdrawal action under this section until two years after
either a withdrawal study committee votes not to approve advancement of the withdrawal
process or the vote by the voters that concluded the initial withdrawal action. (Added 2021, No. 176 (Adj. Sess.), § 3, eff. June 7, 2022.)
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Subchapter 003: UNIFIED UNION SCHOOL DISTRICTS
§ 729. Board members; term; conduct of meetings; quorum and voting; powers and duties
(a) Members. Except as set forth in subchapter 2 (exploration, formation, and organization) of
this chapter for initial members, each member of the board of a unified union school
district shall:
(1) be elected by the voters at a warned meeting of the unified union school district
pursuant to sections 730 (nomination and election of unified union school district
board members) and 737 (warnings of unified union school district meetings) of this
title;
(2) assume office upon election, except as provided in subdivision 737(f)(3) (warnings
of unified union school district meetings) of this chapter; and
(3) be sworn in before entering upon the duties of the office.
(b) Term. A member elected at an annual meeting shall serve for a term of three years or until
the member’s successor is elected and has taken the oath of office. A member elected
at a special meeting shall serve for the balance of the term of office remaining.
(c) Quorum. A majority of the members of the board shall constitute a quorum. Subject to the provisions
of subsection (d) of this section but notwithstanding any other provision of law,
the concurrence of a majority of members present at a unified union school district
board meeting shall be necessary and sufficient for board action; provided, however,
the concurrence of more than a majority shall be necessary if required for a particular
action by the voter-approved articles of agreement.
(d) Weighted voting. If weighted voting is used to achieve constitutionally required proportionality for
members elected under the “proportional to town population” model described in subdivisions
711(d)(1) (proposed unified union school district; proportional to town population)
and 730(a)(1) (unified union school district; Australian ballot; proportional to town
population) of this chapter, then a number of members of the board holding a majority
of the total number of weighted votes shall constitute a quorum, and a majority of
the weighted votes cast shall be necessary and sufficient for board action.
(e) Board chair and board clerk. At the board meeting next following each annual district meeting, the unified union
school district board shall elect one of its number to serve as the chair of the board
and one other of its number to serve as the clerk of the board.
(f) Powers, duties, and liabilities. The powers, duties, and liabilities of a unified union school district board, board
chair, and board clerk shall be the same as those of a board, board chair, and board
clerk of a town school district.
(g) Minutes. The board clerk shall prepare minutes of the proceedings of the unified union school
district board, unless the board votes to delegate those duties to another individual.
The board clerk shall transmit the minutes and all other documents constituting the
record of board proceedings to the clerk of the unified union school district, who
shall be responsible for maintaining a permanent record of board proceedings. In the
board clerk’s absence, another member of the school board shall assume the duties
of the clerk.
(h) Stipend. The board clerk may be paid upon order of the board. (Added 2021, No. 176 (Adj. Sess.), § 3, eff. June 7, 2022.)
§ 730. Unified union school district board members; nomination and election; bond
(a) If by Australian ballot. The provisions of this subsection shall apply to a unified union school district that
conducts elections for board membership by Australian ballot.
(1) Proportional to town population.
(A) When membership on the board of a unified union school district is apportioned to
each town within the district in a number that is closely proportional to the town’s
relative population, the voters residing in the town may file a petition nominating
a candidate for board membership. A petition is valid only if:
(i) the candidate is a current voter of the town;
(ii) the petition identifies the term of office for which the candidate is nominated;
(iii) the petition is signed by at least 30 voters residing in the town or one percent of
the legal voters in the town, whichever is less;
(iv) the voters file the petition with the town clerk not later than 5:00 p.m. on the sixth
Monday preceding the day of the election; and
(v) the candidate files with the town clerk a written consent to the printing of the candidate’s
name on the ballot.
(B) After confirming that the names on the petition correspond to registered voters of
the town, the town clerk shall transmit the name of each duly nominated candidate
to the clerk of the unified union school district.
(C) The district clerk shall prepare a unified union school district ballot for each town
and shall transmit the ballot to the town clerk to make available to the voters residing
in the town.
(D) The voters of a town within the unified union school district shall elect as many
board members as are apportioned for that term of office based on the population of
the town.
(2) Modified at-large model: allocation to town; at-large representation.
(A) When membership on the board of a unified union school district is allocated to each
town within the district, but the allocation is not closely proportional to the town’s
relative population and the board member is elected at-large, the voters residing
in any one or more of the towns within the district may file a petition nominating
a candidate for board membership under the “modified at-large” model. A petition is
valid only if:
(i) the candidate is a current voter of the town to which the seat is allocated;
(ii) the petition identifies the term of office for which the candidate is nominated;
(iii) the petition is signed by at least 60 voters residing in the unified union school
district or one percent of the legal voters in the district, whichever is less;
(iv) the voters file the petition with the clerk of the unified union school district not
later than 5:00 p.m. on the sixth Monday preceding the day of the election; and
(v) the candidate files with the district clerk a written consent to the printing of the
candidate’s name on the ballot.
(B) Not later than 5:00 p.m. on the sixth Monday preceding the day of the election, the
town clerk of each town within the unified union school district shall furnish to
the district clerk, at the expense of the district, authenticated copies of the checklist
of legal voters within the town as the checklist appears after revisions are made
pursuant to 17 V.S.A. §§ 2141–2150.
(C) The district clerk shall prepare the unified union school district ballot to include
the name of each duly nominated candidate and shall transmit the ballot to the town
clerk of each town within the district to make available to the voters residing in
the town.
(D) The voters of the unified union school district shall elect as many board members
as are to be elected at-large for that term of office under the “modified at-large”
model.
(3) At-large representation.
(A) When membership on a unified union school district board is not apportioned or allocated
pursuant to subdivision (1) (proportional to town population) or (2) (modified at-large)
of this subsection (a) and the board member is elected at large, the voters residing
in any one or more of the towns within the district may file a petition nominating
a candidate for at-large board membership. A petition is valid only if:
(i) the candidate is a current voter of a town within the unified union school district;
(ii) the petition identifies the term of office for which the candidate is nominated;
(iii) the petition is signed by at least 60 voters residing in the unified union school
district or one percent of the legal voters in the district, whichever is less;
(iv) the voters file the petition with the clerk of the unified union school district not
later than 5:00 p.m. on the sixth Monday preceding the day of the election; and
(v) the candidate files with the district clerk a written consent to the printing of the
candidate’s name on the ballot.
(B) Not later than 5:00 p.m. on the sixth Monday preceding the day of the election, the
town clerk of each town within the unified union school district shall furnish to
the district clerk, at the expense of the district, authenticated copies of the checklist
of legal voters within the town as the checklist appears after revisions are made
pursuant to 17 V.S.A. §§ 2141–2150.
(C) The district clerk shall prepare the unified union school district ballot to include
the name of each duly nominated candidate and shall transmit the ballot to the town
clerk of each town within the district to make available to the voters residing in
the town.
(D) The voters of the unified union district shall elect as many board members as are
to be elected at-large for that term of office.
(b) If not by Australian ballot. The provisions of this subsection shall apply to a unified union school district that
has not voted to conduct elections for board membership by Australian ballot.
(1) The nomination and election of candidates for the office of unified union school district
board member shall occur at a warned meeting of the unified union school district;
provided, however, if the district elects board members under the “proportional to
town population” model, then the nomination and election of candidates shall occur
at an annual or special meeting of the town in which the candidate resides, warned
for the purpose pursuant to subsection 737(f) of this chapter.
(2) Voters shall only nominate a person who is present at the meeting and the person shall
accept or reject the nomination.
(3) The clerk shall ensure that the candidate is a voter of a specific town if the district
elects board members under either the “proportional to town population” model or the
“modified at-large” model.
(c) Bond. Before a newly elected board member enters upon the duties of office, the district
shall ensure that the district’s blanket bond covers the new member. In lieu of a
blanket bond, the district may choose to provide suitable crime insurance coverage.
(d) Notification. Within 10 days after the election of a board member pursuant to this section, the
district clerk shall transmit the name of newly elected board members to the Secretary
of State. (Added 2021, No. 176 (Adj. Sess.), § 3, eff. June 7, 2022; amended 2023, No. 66, § 10, eff. July 1, 2023.)
§ 731. Vacancy on unified union school district board
(a) Filling a vacancy. Notwithstanding any other provision of law to the contrary, this section shall apply
to a vacancy on a unified union school district board, unless otherwise provided in
the articles of agreement of the district as initially approved by the voters on or
before July 1, 2019.
(1) Proportional to town population. If the vacancy is for a seat where membership is apportioned to a town within the
unified union school district in a number that is closely proportional to the town’s
relative population and only voters residing in the town elect the board member, then
the clerk of the unified union school district shall notify the selectboard of the
town not later than five days after learning of the vacancy. Within 30 days after
providing notice and after consultation with the selectboard, the unified union school
district board shall appoint an eligible person to fill the vacancy until the voters
elect a successor at an annual or special meeting.
(2) Modified at-large model: allocation to town; at-large representation. If the vacancy is for a seat where membership is allocated to a town within the unified
union school district in a number that is not closely proportional to each town’s
relative population and the board member is elected at large, then the district clerk
shall notify the selectboard of the town not later than five days after learning of
the vacancy. Within 30 days after providing notice and after consultation with the
selectboard, the unified union school district board shall appoint an eligible person
to fill the vacancy until the voters elect a successor at an annual or special meeting.
(3) At-large representation. If the vacancy is for a seat that is neither apportioned nor allocated to a town
within the unified union school district as provided in subdivision (1) or (2) of
this subsection and the board member is elected at-large, then within 30 days after
creation of the vacancy the unified union school district board shall appoint an eligible
person to fill the vacancy until the voters elect a successor at an annual or special
meeting.
(4) Vacancy in all seats. If all seats on a school board are vacant, then the Secretary of State shall call
a special election to fill the vacancies.
(b) Notification. Within 10 days after the appointment of a board member pursuant to this section, the
district clerk of the unified union school district shall transmit the name of the
appointed board member to the Secretary of State.
(c) Obligations and expenses.
(1) Vacancy in majority. If there are vacancies in a majority of the members of a unified union school district
board at the same time, then the remaining member or members are authorized to draw
orders for payment of continuing obligations and necessary expenses until a majority
of the vacancies are filled pursuant to the provisions of this section.
(2) Vacancy in all seats. If there are no members of the unified union school district board in office, then
the Secretary of State shall authorize the district clerk or other qualified person
to draw orders for payment of continuing obligations and necessary expenses until
a majority of the vacancies are filled. (Added 2021, No. 176 (Adj. Sess.), § 3, eff. June 7, 2022.)
§ 732. Unified union school district budget; preparation and authorization
(a) The board of a unified union school district shall prepare and distribute a proposed
budget annually for the next school year pursuant to the provisions of subdivision
563(11) (powers of school boards; budget) of this title.
(b) If the voters do not approve the board’s proposed budget, then the board shall prepare
and present a revised proposed budget pursuant to 17 V.S.A. § 2680(c)(2) (local elections; Australian ballot system; rejected budget).
(c) If the voters do not approve a budget on or before June 30 of any year, then the board
of the unified union school district may borrow funds pursuant to the authority granted
under section 566 (school district; authority to borrow) of this title. As used in
section 566, the “most recently approved school budget” of a union school district
in its first fiscal year of full operations means the cumulative budget amount of
the most recently approved school budgets of all districts that merged to form the
union district plus one percent. (Added 2021, No. 176 (Adj. Sess.), § 3, eff. June 7, 2022.)
§ 733. Annual report; data
(a) The board of a unified union school district shall prepare an annual report concerning
the affairs of the district and have it printed and distributed to the voters of the
district pursuant to the provisions of subdivision 563(10) (school districts; powers
of school boards; report) of this title. The board shall file the report with the
unified union school district clerk and with the town clerk of each town within the
district.
(b) Annually, on or before August 15, the unified union school district board shall provide
to the Secretary answers to statistical inquiries that may be addressed to the district
by the Secretary. (Added 2021, No. 176 (Adj. Sess.), § 3, eff. June 7, 2022.)
§ 735. Officers; election; term; vacancy; bond
(a) Officers. At an annual meeting of the unified union school district, the voters shall elect
a moderator from among the registered voters of the district. The voters shall also
vote to elect a clerk and a treasurer of the district; provided, however, at any annual
or special meeting, the voters may vote to authorize the school board to appoint the
clerk or the treasurer, or both. The clerk of the district shall be elected or appointed
from among the voters. The treasurer may also be the supervisory union treasurer and
need not be a resident of the union school district.
(b) Election.
(1) If an officer is elected by Australian ballot in a unified union school district,
then the provisions of subdivision 730(a)(3) for election by Australian ballot of
at-large candidates for the unified union school district board shall apply.
(2) Votes cast to elect an officer shall be commingled and reported to the voters pursuant
to section 742 (commingling of votes cast by Australian ballot and from the floor)
of this chapter.
(c) Terms.
(1) Moderator. A moderator elected at an annual meeting pursuant to this section shall assume office
on July 1 following the election, unless the voters vote at an annual meeting for
the moderator to assume office upon election. A moderator shall serve a term of one
year or until a successor is elected and has taken the oath of office unless the voters
extend the term length up to three years.
(2) Clerk. A clerk elected at an annual meeting pursuant to this section shall assume office
on July 1 following the election. A clerk shall serve a term of one year or until
a successor is elected and has taken the oath of office unless the voters extend the
term length up to three years.
(3) Treasurer. A treasurer elected at an annual meeting pursuant to this section shall assume office
on July 1 following the election. A treasurer shall serve a term of one year or until
a successor is elected and has taken the oath of office unless the voters extend the
term length up to three years.
(d) Vacancy. The board of the unified union school district shall fill a vacancy in any office
elected pursuant to this section as soon as practicable after the vacancy occurs.
The appointee shall serve upon appointment for the remainder of the unexpired term
of office or until the voters elect a successor.
(e) Oath of office. An officer elected or appointed pursuant to this section shall be sworn in before
entering upon the duties of the office.
(f) Bond. The district shall ensure that its blanket bond covers a newly elected or appointed
treasurer before the treasurer enters upon the duties of the office. In lieu of a
blanket bond, the district may choose to provide suitable crime insurance coverage.
(g) Notification. Within 10 days after the election or appointment of any officer pursuant to this section,
the clerk of the unified union school district shall transmit the name of the officer
to the Secretary of State. (Added 2021, No. 176 (Adj. Sess.), § 3, eff. June 7, 2022.)
§ 736. Officers; powers, duties, and liabilities
(a) Moderator. The powers, duties, and liabilities of the moderator of a unified union school district
shall be the same as those of a moderator of a town school district. The moderator
shall preside at each annual and special meeting of the unified union school district.
In the moderator’s absence, the voters shall elect a moderator pro tempore to preside.
(b) Clerk. The powers, duties, and liabilities of the clerk of a unified union school district
shall be the same as those of a clerk of a town school district. The district clerk
shall keep a record of the votes and the proceedings of the union school district
meetings and shall provide certified copies of them when requested.
(c) Treasurer. The powers, duties, and liabilities of the treasurer of a unified union school district
shall be the same as those of a treasurer of a town school district.
(d) Documents. The person having custody shall provide to each newly elected or appointed officer
of a unified union district all books, papers, and electronic documents of the office. (Added 2021, No. 176 (Adj. Sess.), § 3, eff. June 7, 2022.)
§ 737. Warnings of unified union school district meetings
(a) The board of a unified union school district shall have the same authority and obligation
to warn or call meetings of the district as a town school board has to warn or call
town school district meetings.
(b) Except as provided in subsection (f) of this section, the district clerk shall warn
a unified union school district meeting pursuant to the provisions of 17 V.S.A. § 2641 (town meetings and local elections; warning and notice publication) by posting a
warning and notice to voters, signed by the chair of the board or the chair’s designee,
specifying the date, time, location, and business of the meeting, in at least one
public place in each town within the unified union school district, and causing the
same to be published once in a newspaper circulating in the unified union school district.
In the district clerk’s absence, the chair of the board or the chair’s designee shall
warn the meeting pursuant to the provisions of this section.
(c) The warning shall, by separate articles, specifically indicate the business to be
transacted, to include the offices and the questions upon which the electorate shall
vote. The warning shall also contain any article or articles requested by a petition
signed by at least five percent of the voters of the district and filed with the district
clerk pursuant to 17 V.S.A. § 2642 (town meetings and local elections; warning and notice contents).
(d) The posted notice that accompanies the warning shall include information on voter
registration, early and absentee voting, the time and location at which the ballots
will be counted, and any other applicable information.
(e) The warning shall be recorded in the office of the district clerk before posting.
(f) This subsection applies if a unified union school district elects school board members
under the “proportional to town population” model and if it elects those members by
a floor vote rather than by Australian ballot.
(1) The election shall be warned as follows:
(A) The district clerk shall transmit the signed warning to each town clerk.
(B) The district clerk shall assist each town clerk to incorporate the warning into the
warning for the annual or special meeting of each town.
(C) Each town clerk, rather than the district clerk, shall post and publish the warning
pursuant to the provisions of subsection (b) of this section.
(2) Notwithstanding any provision of law to the contrary, if any town within the unified
union school district elects its selectboard members by Australian ballot, then the
warning, nomination, ballot preparation, and election of unified union school district
board members shall proceed pursuant to the same laws that govern the town.
(3) If an annual town meeting at which the board members are elected under this subsection
is more than 30 days prior to the annual meeting of the unified union school district,
then notwithstanding subsection 729(a) (members of unified union school district boards)
of this section, the newly elected board members shall assume office at the conclusion
of the district’s annual meeting.
(g) Notwithstanding any provisions of this section to the contrary, a unified union school
district:
(1) shall warn a meeting called for the purpose of considering a bond issue pursuant to
the provisions of 24 V.S.A. § 1755; and
(2) shall warn a meeting to consider a revised proposed budget pursuant to the provisions
of subsection 732(b) of this chapter. (Added 2021, No. 176 (Adj. Sess.), § 3, eff. June 7, 2022.)
§ 738. Checklist for union district meetings where voting is conducted from the floor
(a) Not later than the close of business on the day before an annual or special meeting
of a unified union school district, the town clerk of each town within the district
shall furnish to the district clerk, at the expense of the district, authenticated
copies of the checklist of legal voters within the town as the checklist appears after
revisions are made pursuant to 17 V.S.A. §§ 2141–2150 (elections; registration of voters). The checklist shall control for purposes of
determining voter eligibility in the unified union school district.
(b) During the annual or special meeting, one or more members of each town’s board of
civil authority shall assist the district clerk to determine voter eligibility and
to supervise voting during the meeting.
(c) This section shall not apply to a meeting warned pursuant to subsection 737(f) (unified
union school district meetings; proportional to town population; floor vote) of this
chapter. (Added 2021, No. 176 (Adj. Sess.), § 3, eff. June 7, 2022.)
§ 739. Conduct of vote if by Australian ballot
For any vote that proceeds by Australian ballot in a unified union school district:
(1) A district voter shall vote by Australian ballot in the town in which the voter currently
resides at the polling location identified in the warning.
(2) Voting shall occur in each town on the same day.
(3) The board of civil authority of each town shall be responsible for determining the
eligibility of persons to vote and for supervising voting at that polling location.
(4) The opportunity for early and absentee voting pursuant to 17 V.S.A. §§ 2531–2550 (conduct of elections; early and absentee voters) shall be provided. (Added 2021, No. 176 (Adj. Sess.), § 3, eff. June 7, 2022.)
§ 740. Preparation and form of Australian ballot
(a) The clerk of a unified union school district shall prepare the ballot for any vote
that proceeds by Australian ballot in the district.
(b) Only questions warned by the unified union school district and presented to the voters
of that district shall appear on a ballot prepared pursuant to subsection (a) of this
section.
(c) Warned questions of the unified union school district shall not appear on the same
ballot as questions warned by the legislative body of a town within the unified union
school district. (Added 2021, No. 176 (Adj. Sess.), § 3, eff. June 7, 2022.)
§ 741. Counting of Australian ballots
(a) Process.
(1) At least two members of the board of civil authority of each town within a unified
union school district, or two election officials appointed by the board of civil authority
of that town, shall transport ballots cast in the town in a sealed container to a
central location designated by the district clerk. The district clerk shall place
the ballots from all locations into a single container.
(2) The boards of civil authority shall not count the ballots for purposes of determining
the outcome of the votes cast in that town prior to transporting them but may open
the containers and count the total number of ballots cast at that polling location.
(3) The district clerk or designee shall supervise representatives of the boards of civil
authority, identified in subdivision (1) of this subsection, to count ballots at the
central location pursuant to section 742 (commingling and reporting of votes cast
by Australian ballot and from the floor) of this title. The district clerk shall also
have the authority to appoint current unified union school district board members
who are not on the ballot to aid in the counting of ballots.
(4) The ballots shall be counted as soon as possible, but not later than 24 hours after
the time at which the polls closed.
(5) If ballots are to be counted on the day following the election, then the clerk of
each town within the unified union school district shall store the ballots in a secure
location in the town until they are transported on the following day to the central
location designated by the district clerk for counting.
(6) After the ballots have been counted, the district clerk shall seal them in a secure
container and store them for at least 90 days in a secure location.
(b) Applicability. The counting of Australian ballots cast by voters in a unified union school district
for the election of members of the district board, for the election of district officers,
for proposed budgets, and for any other public questions shall proceed pursuant to
the provisions of this section, except when:
(1) Vermont statute explicitly permits or requires a different method for a specific type
of question presented to the voters;
(2) the ballots have been cast to elect a unified union school district board member where
membership on the board is apportioned based on town population pursuant to subdivision
730(a)(1) (unified union school district; Australian ballot; proportional to town
population) of this title; or
(3) the articles of agreement as initially approved by the voters on or before July 1,
2019 explicitly provide that the board of civil authority of each town within the
unified union school district shall count Australian ballots cast in that town and
report that town’s results to the district clerk, who shall calculate total votes
cast within the unified union school district and report the result of the vote to
the public. (Added 2021, No. 176 (Adj. Sess.), § 3, eff. June 7, 2022.)
§ 742. Commingling and reporting of all votes cast by Australian Ballot and from the floor
(a) Commingling. Votes cast by the voters of a unified union school district shall be commingled, whether
cast by Australian ballot or from the floor, and shall not be counted according to
the town in which a voter resides.
(b) Report to public. The district clerk shall report the commingled results of votes cast by voters of
a unified union school district.
(c) Applicability. The commingling and reporting of votes cast by voters in a unified union school district
for the election of members of the district board, for the election of district officers,
for proposed budgets, and for any other public question shall proceed pursuant to
the provisions of this section regardless of whether the vote proceeds by Australian
ballot or by a floor vote, except when:
(1) Vermont statute explicitly permits or requires a different method for a specific type
of question presented to the voters;
(2) the ballots have been cast to elect a unified union school district board member where
membership on the board is apportioned based on town population pursuant to subdivision
730(a)(1) (unified union school district; Australian ballot; proportional to town
population) of this chapter; or
(3) the articles of agreement as initially approved by the voters on or before July 1,
2019 explicitly provide that the board of civil authority of each town within the
unified union school district shall count Australian ballots cast in that town and
report that town’s results to the district clerk, who shall calculate total votes
cast within the unified union school district and report the result of the vote to
the public. (Added 2021, No. 176 (Adj. Sess.), § 3, eff. June 7, 2022.)
§ 743. Bond issues; debt limit
(a) A unified union school district may make improvements, as defined by 24 V.S.A. § 1751 (municipal and county government; indebtedness definitions), and may incur indebtedness
for improvements as provided in 24 V.S.A. chapter 53, subchapter 1 (municipal and county government; indebtedness generally).
(b) The debt limit of the unified union school district shall be 10 times the total of
the education grand lists of the towns within the unified union school district. The
existing indebtedness of a unified union school district incurred to finance any project
approved under sections 3447 to 3456 (State aid for capital construction costs) of
this title shall not be considered a part of the indebtedness of the unified union
school district for purposes of determining its debt limit for a new proposed bond
issue.
(c) Bond issues under this section shall be determined by Australian ballot and shall
proceed pursuant to sections 737 (warnings of unified union school district meetings)
and 739–742 (vote by Australian ballot) of this subchapter. The ballots shall be commingled
before counting. (Added 2021, No. 176 (Adj. Sess.), § 3, eff. June 7, 2022.)
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Subchapter 004: UNION ELEMENTARY SCHOOL DISTRICTS AND UNION HIGH SCHOOL DISTRICTS
§ 745. Definitions
As used in this subchapter, words have the meaning as defined in section 702 (definitions)
of this title and any words not defined in that section have their plain meaning,
except:
(1) Member district. “Member district” means either a town school district that is a member district as
defined in section 702 (definitions) of this title or a town in a member district
if the member district is itself a union elementary or union high school district,
as applicable.
(2) Town clerk.
(A) If, pursuant to section 425 (other town school district officers) of this title, the
voters of a member district have elected a district clerk who is not also the clerk
of the town, then “town clerk” means the elected clerk of that member district.
(B) Notwithstanding subdivision (A) of this subdivision (2), if a union elementary or
union high school district is a member district of the union school district, then
“town clerk” has its plain meaning and means the clerk of each town in the member
district. (Added 2021, No. 176 (Adj. Sess.), § 3, eff. June 7, 2022.)
§ 747. Board members; term; conduct of meetings; quorum and voting; powers and duties
(a) Members. Except as set forth in subchapter 2 (exploration, formation, and organization) of
this chapter for initial members, each member of the board of a union elementary school
or union high school district shall:
(1) be elected by the voters at a warned meeting pursuant to section 748 (union elementary
and union high school district board members) of this chapter;
(2) assume office upon election, except as provided in subdivision 755(f)(3) (warnings
of union elementary and union high school district meetings) of this chapter; and
(3) be sworn in before entering upon the duties of the office.
(b) Term. A member elected at an annual meeting shall serve for a term of three years or until
the member’s successor is elected and has taken the oath of office. A member elected
at a special meeting shall serve for the balance of the term remaining.
(c) Quorum. A majority of the members of the board shall constitute a quorum. Subject to the provisions
of subsection (d) of this section but notwithstanding any other provision of law,
the concurrence of a majority of members present at a union elementary or union high
school district board meeting shall be necessary and sufficient for board action;
provided, however, the concurrence of more than a majority shall be necessary if required
for a particular action by the voter-approved articles of agreement.
(d) Weighted voting. If weighted voting is used to achieve constitutionally required proportionality for
members elected under the “proportional to town population” model set out in subdivisions
711(e)(1) (proposed union elementary or union high school district; proportional to
town population) and 748(a)(1) (union elementary and union high school district board
members; Australian ballot; proportional to town population) of this chapter, then
a number of members of the board holding a majority of the total number of weighted
votes shall constitute a quorum, and a majority of the weighted votes cast shall be
necessary and sufficient for board action.
(e) Board chair and board clerk. At the meeting next following each annual meeting, the union elementary or union high
school district board shall elect one of its number to serve as the chair of the board
and one other of its number to serve as the clerk of the board.
(f) Powers, duties, and liabilities. The powers, duties, and liabilities of a union elementary or union high school district
board, board chair, and board clerk shall be the same as those of a board, board chair,
and board clerk of a town school district.
(g) Minutes. The board clerk shall prepare minutes of the proceedings of the union elementary or
union high school district board, unless the board votes to delegate those duties
to another individual. The board clerk shall transmit the minutes and all other documents
constituting the record of board proceedings to the clerk of the union elementary
or union high school district, who shall be responsible for maintaining a permanent
record of board proceedings. In the board clerk’s absence, another member of the school
board shall assume the duties of the clerk.
(h) Stipend. The board clerk may be paid upon order of the board. (Added 2021, No. 176 (Adj. Sess.), § 3, eff. June 7, 2022.)
§ 748. Union elementary and union high school district board members; nomination and election;
bond
(a) If by Australian ballot. The provisions of this subsection shall apply to a union elementary or union high
school district that conducts elections for board membership by Australian ballot.
(1) Proportional to town population.
(A) When membership on the board of a union elementary or union high school district is
apportioned to each member district in a number that is closely proportional to the
member district’s relative population, the voters of the member district may file
a petition nominating a candidate for board membership. A petition is valid only if:
(i) the candidate is a current voter of the member district;
(ii) the petition identifies the term of office for which the candidate is nominated;
(iii) the petition is signed by at least 30 voters residing in the member district or one
percent of the legal voters in that district, whichever is less;
(iv) the voters file the petition with the town clerk not later than 5:00 p.m. on the sixth
Monday preceding the day of the election; and
(v) the candidate files with the town clerk a written consent to the printing of the candidate’s
name on the ballot.
(B) After confirming that the names on the petition correspond to registered voters of
the member district, the town clerk shall transmit the name of each duly nominated
candidate to the clerk of the union elementary or union high school district.
(C) The union district clerk shall prepare a union elementary or union high school district
ballot for each member district and shall transmit the ballot to the town clerk to
make available to the voters residing in the member district.
(D) The voters of the member district shall elect as many board members as are apportioned
for that term of office on the union elementary or union high school district board
based on the population of the member district.
(2) Modified at-large model: allocation to town; at-large representation.
(A) When membership on the board of a union elementary or union high school district is
allocated to each member district, but the allocation is not closely proportional
to the member district’s population and the board member is elected at-large, the
voters residing in any one or more of the member districts may file a petition nominating
a candidate for board membership under the “modified at-large” model. A petition is
valid only if:
(i) the candidate is a current voter of the member district to which the seat is allocated;
(ii) the petition identifies the term of office for which the candidate is nominated;
(iii) the petition is signed by at least 60 voters residing in the union elementary or union
high school district or one percent of the legal voters in the district, whichever
is less;
(iv) the voters file the petition with the clerk of the union elementary or union high
school district not later than 5:00 p.m. on the sixth Monday preceding the day of
the election; and
(v) the candidate files with the union district clerk a written consent to the printing
of the candidate’s name on the ballot.
(B) Not later than 5:00 p.m. on the sixth Monday preceding the day of the election, the
town clerk of each member district shall furnish to the union district clerk, at the
expense of the union district, authenticated copies of the checklist of legal voters
within the member district as the checklist appears after revisions are made pursuant
to 17 V.S.A. §§ 2141–2150.
(C) The union district clerk shall prepare the union elementary or union high school district
ballot to include the name of each duly nominated candidate and shall transmit the
ballot to the town clerk of each member district to make available to the voters residing
in the member district.
(D) The voters of the union elementary or union high school district shall elect as many
board members as are to be elected at-large for that term of office under the “modified
at-large” model.
(3) At-large representation.
(A) When membership on the board of a union elementary or union high school district is
not apportioned or allocated pursuant to subdivision (1) (proportional to town population)
or (2) (modified at-large) of this subsection (a) (Australian ballot) and the board
member is elected at large, the voters residing in any one or more of the member districts
may file a petition nominating a candidate for at-large board membership. A petition
is valid only if:
(i) the candidate is a current voter of the union elementary or union high school district;
(ii) the petition identifies the term of office for which the candidate is nominated;
(iii) the petition is signed by at least 60 voters residing in the union elementary or union
high school district or one percent of the legal voters in the district, whichever
is less;
(iv) the voters file the petition with the clerk of the union elementary or union high
school district not later than 5:00 p.m. on the sixth Monday preceding the day of
the election; and
(v) the candidate files with the union district clerk a written consent to the printing
of the candidate’s name on the ballot.
(B) Not later than 5:00 p.m. on the sixth Monday preceding the day of the election, the
town clerk of each member district shall furnish to the union district clerk, at the
expense of the union district, authenticated copies of the checklist of legal voters
within the member district as the checklist appears after revisions are made pursuant
to 17 V.S.A. §§ 2141–2150.
(C) The union district clerk shall prepare the union elementary or union high school district
ballot to include the name of each duly nominated candidate and shall transmit the
ballot to the town clerk of each member district to make available to the voters residing
in the member district.
(D) The voters of the union elementary or union high school district shall elect as many
board members as are to be elected at-large for that term of office.
(b) If not by Australian ballot. The provisions of this subsection (b) shall apply to a union elementary or union high
school district that does not conduct elections for board membership by Australian
ballot.
(1) The nomination and election of candidates for the office of union elementary or union
high school district board member shall occur at a warned meeting of the union school
district; provided, however, if the union district elects board members under the
“proportional to town population” model, then the nomination and election of candidates
shall occur at an annual or special meeting of the member district for the town in
which the candidate resides, warned for the purpose pursuant to subsection 755(f)
(warnings of union elementary and union high school district meetings; members elected
under proportional to town population model and by floor vote) of this chapter.
(2) Voters shall only nominate a person who is present at the meeting, and the person
shall accept or reject the nomination.
(3) The meeting shall proceed in a manner to ensure that the candidate is a voter of a
specific member district if the union district elects board members under either the
“proportional to town population” model or the “modified at-large” model.
(c) Bond. Before a newly elected board member enters upon the duties of office, the union district
shall ensure that the district’s blanket bond covers the new member. In lieu of a
blanket bond, the district may choose to provide suitable crime insurance coverage.
(d) Notification. Within 10 days after the election of a board member pursuant to this section, the
union elementary or union high school district clerk shall transmit the name of the
newly elected board member to the Secretary of State. (Added 2021, No. 176 (Adj. Sess.), § 3, eff. June 7, 2022; amended 2023, No. 66, § 11, eff. July 1, 2023.)
§ 749. Vacancy on union elementary or union high school district board
(a) Filling a vacancy. Notwithstanding any other provisions of law to the contrary, this section shall apply
to a vacancy on a union elementary or union high school district board, unless otherwise
provided in the articles of agreement of the union elementary or union high school
district as initially approved by the voters on or before July 1, 2019.
(1) Proportional to town population. If the vacancy is for a seat where membership is apportioned to a member district
in a number that is closely proportional to its relative population and only voters
residing in the member district elect the board member, then the union elementary
or union high school district clerk shall notify the board of the member district
not later than five days after learning of the vacancy. Within 30 days after receiving
notice, the board of the member district shall appoint a person who is otherwise eligible
to serve as a member of the union elementary or union high school district board to
fill the vacancy until the voters elect a successor at an annual or special meeting
pursuant to the provisions of section 748 (union elementary and union high school
district board members) of this chapter.
(2) Modified at-large model: allocation to town; at-large representation. If the vacancy is for a seat where membership is allocated to a member district in
a number that is not closely proportional to each district’s relative population and
the board member is elected at-large, then the union elementary or union high school
district clerk shall notify the board of the member district not later than five days
after learning of the vacancy. Within 30 days after providing notice and after consultation
with the member district’s board, the union elementary or union high school district
board shall appoint a person who is otherwise eligible to serve as a member of the
union elementary or union high school district board to fill the vacancy until the
voters elect a successor at an annual or special meeting pursuant to the provisions
of section 748 (union elementary and union high school district board members) of
this chapter.
(3) At-large representation. If the vacancy is for a seat that is neither apportioned nor allocated to a member
district pursuant to subdivision (1) (proportional to town population) or (2) (modified
at-large) of this subsection and the board member is elected at-large, then within
30 days after creation of the vacancy, the union elementary or union high school district
board shall appoint a person who is otherwise eligible to serve as a member of the
board to fill the vacancy until the voters elect a successor at an annual or special
meeting pursuant to the provisions of section 748 (union elementary and union high
school district board members) of this chapter.
(4) No board of member district. For purposes of subdivisions (1) (proportional to town population) and (2) (modified
at-large) of this subsection (a), if the member district is also a union school district
and any related town school district has discontinued operations pursuant to subdivision
717(b)(2) (discontinuation of forming districts in union elementary and union high
school districts) of this chapter and has no board, then the clerk of the union elementary
or union high school district shall notify the selectboard of the pertinent town not
later than five days after learning of the vacancy. Within 30 days after providing
notice and after consultation with the selectboard, the union elementary or union
high school district board shall appoint a person who is otherwise eligible to serve
as a member of the union elementary or union high school district board to fill the
vacancy until the voters elect a successor at an annual or special meeting pursuant
to the provisions of section 748 (union elementary and union high school district
board members) of this chapter.
(5) Vacancy in all seats. If all seats on a school board are vacant, then the Secretary of State shall call
a special election to fill the vacancies.
(b) Notification. Within 10 days after the appointment of a board member pursuant to this section, the
clerk of the union elementary or union high school district shall transmit the name
of the appointed board member to the Secretary of State.
(c) Obligations and expenses.
(1) Vacancy in majority. If there are vacancies in a majority of the members of a union elementary or union
high school district board at the same time, then the remaining member or members
are authorized to draw orders for payment of continuing obligations and necessary
expenses until a majority of the vacancies are filled pursuant to the provisions of
this section.
(2) Vacancy in all seats. If there are no members of the union elementary or union high school district board
in office, then the Secretary of State shall appoint and authorize the district clerk
or other qualified person to draw orders for payment of continuing obligations and
necessary expenses until a majority of the vacancies are filled. (Added 2021, No. 176 (Adj. Sess.), § 3, eff. June 7, 2022.)
§ 750. Union elementary or union high school district budget; preparation and authorization
(a) The board of a union elementary or union high school district shall prepare and distribute
a proposed budget annually for the next school year pursuant to the provisions of
subdivision 563(11) (powers of school boards; budget) of this title.
(b) If the voters do not approve the board’s proposed budget, then the board shall prepare
a revised proposed budget pursuant to 17 V.S.A. § 2680(c)(2) (local elections using the Australian ballot system; rejected budget).
(c) If the voters do not approve a budget on or before June 30 of any year, the board
of the unified union school district may borrow funds pursuant to the authority granted
under section 566 (school districts; authority to borrow) of this title. As used in
section 566, the “most recently approved school budget” of a union school district
in its first fiscal year of full operations means the cumulative budget amount of
the most recently approved school budgets of all districts that merged to form the
union district plus 1 percent. (Added 2021, No. 176 (Adj. Sess.), § 3, eff. June 7, 2022.)
§ 751. Annual report; data
(a) The board of a union elementary or union high school district shall prepare an annual
report concerning the affairs of the district and have it printed and distributed
to the voters of the district pursuant to the provisions of subdivision 563(10) (powers
of school boards; report) of this title. The board shall file the report with the
union district clerk and the clerk of each member district.
(b) Annually, on or before August 15, the union elementary or union high school district
board shall provide to the Secretary answers to statistical inquiries that may be
addressed to the district by the Secretary. (Added 2021, No. 176 (Adj. Sess.), § 3, eff. June 7, 2022.)
§ 753. Officers; election; term; vacancy; bond
(a) Officers. At an annual meeting of the union elementary or union high school district, the voters
shall elect a moderator from among the registered voters. The voters shall also vote
to elect a clerk and a treasurer of the district; provided, however, at any annual
or special meeting, the voters may vote to authorize the school board to appoint the
clerk or the treasurer, or both. The clerk of the district shall be elected or appointed
from among the voters. The treasurer may also be the supervisory union treasurer and
need not be a resident of the union elementary or union high school district.
(b) Election if by Australian ballot. If a union elementary or union high school district elects its officers by Australian
ballot, then the provisions of subdivision 748(a)(3) of this chapter for election
by Australian ballot of at-large candidates for the union elementary or union high
school district board shall apply.
(c) Terms.
(1) Moderator. A moderator elected at an annual meeting pursuant to this section shall assume office
on July 1 following the election, unless the voters vote at an annual meeting for
the moderator to assume office upon election. A moderator shall serve a term of one
year or until a successor is elected and has taken the oath of office unless the voters
extend the term length up to three years.
(2) Clerk. A clerk elected at an annual meeting pursuant to this section shall assume office
on July 1 following the election. A clerk shall serve a term of one year or until
a successor is elected and has taken the oath of office unless the voters extend the
term length up to three years.
(3) Treasurer. A treasurer elected at an annual meeting pursuant to this section shall assume office
on July 1 following the election. A clerk shall serve a term of one year or until
a successor is elected and has taken the oath of office unless the voters extend the
term length up to three years.
(d) Vacancy. The board of the union elementary or union high school district shall fill a vacancy
in any office elected or appointed pursuant to this section as soon as practicable
after the vacancy occurs. The appointee shall serve upon appointment for the remainder
of the unexpired term of office or until the voters elect a successor.
(e) Oath of office. An officer elected or appointed pursuant to this section shall be sworn in before
entering upon the duties of the office.
(f) Bond. The district shall ensure that its blanket bond covers a newly elected or appointed
treasurer before the treasurer enters upon the duties of the office. In lieu of a
blanket bond, the district may choose to provide suitable crime insurance coverage.
(g) Notification. Within 10 days after the election or appointment of any officer pursuant to this section,
the clerk of the union elementary or union high school district shall transmit the
name of the officer to the Secretary of State. (Added 2021, No. 176 (Adj. Sess.), § 3, eff. June 7, 2022.)
§ 754. Officers; powers, duties, and liabilities
(a) Moderator. The powers, duties, and liabilities of the moderator of a union elementary or union
high school district shall be the same as those of a moderator of a town school district.
The moderator shall preside at each annual and special meeting of the union elementary
or union high school district. In the moderator’s absence, the voters shall elect
a moderator pro tempore to preside.
(b) Clerk. The powers, duties, and liabilities of the clerk of a union elementary or union high
school district shall be the same as those of a clerk of a town school district. The
district clerk shall keep a record of the votes and the proceedings of the union school
district meetings and shall provide certified copies of them when requested.
(c) Treasurer. The powers, duties, and liabilities of the treasurer of a union elementary or union
high school district shall be the same as those of a treasurer of a town school district.
(d) Documents. The person having custody shall provide to each elected or appointed officer of a
union district all books, papers, and electronic documents of the office. (Added 2021, No. 176 (Adj. Sess.), § 3, eff. June 7, 2022.)
§ 755. Warnings of union elementary and union high school district meetings
(a) The board of a union elementary or union high school district shall have the same
authority and obligation to warn or call meetings of the district as a town school
board has to warn or call town school district meetings.
(b) Except as provided in subsection (f) of this section, not less than 30 nor more than
40 days before the meeting, the union district clerk shall warn a union elementary
or union high school district meeting by posting a warning and notice to voters, signed
by the chair of the union district board or the chair’s designee, specifying the date,
time, location, and business of the meeting, in the district clerk’s office and at
least one public place in each town within the union elementary or union high school
district, and causing the same to be published once in a newspaper circulating in
the union district at least five days before the meeting. In the district clerk’s
absence, the chair of the board or the chair’s designee shall warn the meeting pursuant
to the provisions of this section.
(c) The warning shall, by separate articles, specifically indicate the business to be
transacted, including the offices and the questions upon which the electorate shall
vote. The warning shall also contain any article or articles requested by a petition
signed by at least five percent of the voters of the district and filed with the district
clerk pursuant to 17 V.S.A. § 2642 (town meetings and local elections; warning and notice contents).
(d) The posted notice that accompanies the warning shall include information on voter
registration, early and absentee voting, the time and location at which the ballots
will be counted, and other applicable information.
(e) The warning shall be recorded in the office of the district clerk and shall be provided
to the town clerk of each town in the unified elementary or union high school district
before being posted.
(f) This subsection shall apply if a union elementary or union high school district elects
school board members under the “proportional to town population” model and if it elects
those members by a floor vote rather than by Australian ballot.
(1) The election shall be warned as follows:
(A) The district clerk shall transmit the signed warning to each town clerk.
(B) The district clerk shall assist each town clerk to incorporate the warning into the
warning for the annual or special meeting of each member district.
(C) Each town clerk, rather than the union district clerk, shall post and publish the
warning pursuant to the provisions of subsection (b) of this section.
(2) Notwithstanding any provision of law to the contrary, if any member district elects
its own board members by Australian ballot, then the warning, nomination, ballot preparation,
and election of union school district board members shall proceed pursuant to the
same laws that govern the member district.
(3) If an annual meeting of a member district at which the union district board members
are elected under this subsection is more than 30 days prior to the annual meeting
of the union school district, then notwithstanding subsection 747(a) (board members
of union elementary and union high school districts) of this chapter, the newly elected
board members shall assume office at the conclusion of the union school district’s
annual meeting.
(g) Notwithstanding any provision of this section to the contrary, a union elementary
or union high school district:
(1) shall warn a meeting called for the purpose of considering a bond issue in accordance
with the provisions of 24 V.S.A. § 1755; and
(2) shall warn a meeting to consider a revised proposed budget pursuant to the provisions
of subsection 750(b) (union elementary or union high school district revised proposed
budget) of this chapter. (Added 2021, No. 176 (Adj. Sess.), § 3, eff. June 7, 2022.)
§ 756. Union district meetings conducted from the floor
(a) Not later than the close of business on the day before the meeting, the town clerk
of each member district of a union elementary or union high school district shall
furnish to the union district clerk, at the expense of the union district, authenticated
copies of the checklist of legal voters within the member district as the checklist
appears after revisions are made pursuant to 17 V.S.A. §§ 2141–2150 (registration of voters). The checklist shall control for purposes of determining
voter eligibility in the union elementary or union high school district.
(b) During the annual or special meeting, one or more members of each town’s board of
civil authority shall assist the union district clerk to determine voter eligibility
and to supervise voting during the meeting.
(c) Votes cast at an annual or special meeting shall be commingled and shall not be counted
according to the town in which a voter resides.
(d) The provisions of this section shall apply to all votes of the electorate in a union
elementary or union high school district that do not proceed by Australian ballot;
provided, however:
(1) They shall not apply if Vermont statute explicitly permits or requires a different
method for a specific type of question presented to the voters.
(2) They shall not apply to a vote warned pursuant to subsection 755(f) (warnings of union
elementary and union high school district meetings; members elected under proportional
to town population model and by floor vote) of this chapter.
(e) If a person who resides in a member district and is otherwise eligible to vote at
a union elementary or union high school district meeting has not maintained residence
in the member district for the requisite number of days but resided in another member
district of the union elementary or union high school district for the requisite number
of days, then the town clerk of the member district in which the person currently
resides shall enter such person’s name on the checklist of legal voters if the person
presents to that town clerk a certificate signed by the town clerk of the member district
in which the person formally resided confirming that the person lived within the union
elementary or union high school district for the requisite number of days. (Added 2021, No. 176 (Adj. Sess.), § 3, eff. June 7, 2022.)
§ 757. Conduct of vote if by Australian ballot
In any vote that proceeds by Australian ballot in a union elementary or union high
school district:
(1) A district voter shall vote by Australian ballot in the town in which the voter currently
resides at the polling location identified in the warning.
(2) Voting shall occur in each town on the same day.
(3) The board of civil authority of each town shall be responsible for determining the
eligibility of persons to vote and for supervising voting at that polling location.
(4) The opportunity for early and absentee voting pursuant to 17 V.S.A. §§ 2531–2550 (conduct of elections; early or absentee voters) shall be provided. (Added 2021, No. 176 (Adj. Sess.), § 3, eff. June 7, 2022.)
§ 758. Preparation and form of Australian ballot
(a) The clerk of a union elementary or union high school district shall prepare the ballot
for any vote that proceeds by Australian ballot in the union school district.
(b) Only questions warned by the union elementary or union high school district and presented
to the voters of that district shall appear on a ballot prepared pursuant to subsection
(a) of this section.
(c) Warned questions of the union elementary or union high school district shall not appear
on the same ballot as questions warned by a member district of the union elementary
or union high school district or by the legislative body of a town within the union
elementary or union high school district. (Added 2021, No. 176 (Adj. Sess.), § 3, eff. June 7, 2022.)
§ 759. Counting and reporting results of vote by Australian ballot
(a) Process if commingled. If the voters have approved the commingling of votes cast by Australian ballot for
any or all categories of public questions, including elections and budget votes, or
if Vermont law requires commingling, then the following process applies to those votes
except to the extent that Vermont law explicitly requires a different process for
a specific type of public question.
(1) At least two members of the board of civil authority of each town within a union elementary
or union high school district, or two election officials appointed by the board of
civil authority of that town, shall transport ballots cast in the member district
in a sealed container to a central location designated by the clerk of the union elementary
or union high school district.
(2) The boards of civil authority shall not count the ballots for purposes of determining
the outcome of the votes cast in the member district prior to transporting them but
may open the containers and count the total number of ballots cast at that polling
location.
(3) The union elementary or union high school district clerk or designee shall supervise
representatives of the boards of civil authority to count ballots at the central location.
The union elementary or union high school district clerk shall also have the authority
to appoint current union elementary or union high school district board members who
are not on the ballot to aid in the counting of ballots
(4) The ballots shall be counted as soon as possible, but not later than 24 hours after
the time at which the polls closed.
(5) If ballots are to be counted on the day following the election, then the clerk of
each member district shall store the ballots in a secure location until they are transported
on the following day to the central location designated by the union district clerk
for counting.
(6) Ballots from all member districts shall be combined into a single group before counting
and shall not be counted according to the member district or town in which a voter
resides.
(7) After the ballots have been counted, the union district clerk shall seal them in a
secure container and store them for at least 90 days at a secure location.
(8) The union district clerk shall report the commingled results of votes cast within
the union elementary or union high school district to the public.
(b) Process if not commingled. If the voters have not approved the commingling of votes cast by Australian ballot
for budgets, elections, or any other category of public question, and if Vermont law
does not require commingling, then the following process applies to those votes except
to the extent that Vermont law explicitly requires a different process for a specific
type of public question.
(1) The board of civil authority of each town within the union elementary or union high
school district shall count Australian ballots cast in the member district and report
the results to the clerk of the union district.
(2) The clerk of the union district shall calculate total votes cast within the union
district for any vote that requires approval by the electorate of the entire union
elementary or union high school district, rather than approval by the voters in one
member district or by the voters in each member district separately.
(3) The union district shall report to the public the results of total votes cast; provided,
however, that both the union district clerk and the clerk of each member school district
shall report the results of ballots cast to elect a union school district board member
where membership on the board is apportioned based on town population pursuant to
subdivision 748(a)(1) of this chapter. (Added 2021, No. 176 (Adj. Sess.), § 3, eff. June 7, 2022.)
§ 760. Bond issues; debt limit
(a) A union elementary or union high school district may make improvements, as defined
by 24 V.S.A. § 1751, and may incur indebtedness for the improvements as provided in 24 V.S.A. chapter 53, subchapter 1.
(b) The debt limit of the union elementary or union high school district shall be 10 times
the total of the education grand lists of the member districts of the union school
district. The existing indebtedness of a union elementary or union high school district
incurred to finance any project approved under sections 3447 to 3456 of this title shall not be considered a part of the indebtedness of the union elementary or union
high school district for purposes of determining its debt limit for a new proposed
bond issue. An obligation incurred by a union elementary or union high school district
pursuant to this chapter shall be the joint and several obligation of the union school
district and each of its member districts. Any joint or several obligation incurred
by a member district pursuant to this subsection shall not be considered in determining
the debt limit for the separate purposes of the member district.
(c) Bond issues under this section shall be determined by Australian ballot and shall
proceed pursuant to sections 755 (warnings of union elementary school district and
union high school district meetings) and 757–759 (vote by Australian ballot) of this
subchapter. Ballots shall be commingled before counting. (Added 2021, No. 176 (Adj. Sess.), § 3, eff. June 7, 2022.)