§§ 791-805. Repealed. 1969, No. 298 (Adj. Sess.), § 79.
§ 821. School district to maintain public elementary schools or pay tuition
(a) Each school district shall maintain one or more approved schools within the district
in which elementary education for its resident students in kindergarten through grade
six is provided unless:
(1) the electorate authorizes the school board to provide for the elementary education
of the students by paying tuition in accordance with law to one or more public elementary
schools in one or more school districts;
(2) the school district is organized to provide only high school education for its students;
or
(3) the General Assembly provides otherwise.
(b) [Repealed.]
(c) Notwithstanding subsection (a) of this section, without previous authorization by
the electorate, a school board in a district that operates an elementary school may
pay tuition for elementary students who reside near a public elementary school in
an adjacent district upon request of the student’s parent or guardian, if in the board’s
judgment the student’s education can be more conveniently furnished there due to geographic
considerations. Within 30 days of the board’s decision, a parent or guardian who is
dissatisfied with the decision of the board under this subsection may request a determination
by the Secretary, who shall have authority to direct the school board to pay all,
some, or none of the student’s tuition and whose decision shall be final.
(d) Notwithstanding subdivision (a)(1) of this section, the electorate of a school district
that does not maintain an elementary school may grant general authority to the school
board to pay tuition for an elementary student at an approved independent elementary
school or an independent school meeting education quality standards pursuant to sections
823 and 828 of this chapter upon notice given by the student’s parent or legal guardian
before April 15 for the next academic year. (Added 1969, No. 298 (Adj. Sess.), § 52; amended 1985, No. 71, § 4; 1987, No. 141 (Adj. Sess.); 1989, No. 271 (Adj. Sess.), §§ 1, 2; 1991, No. 24, § 11; 2009, No. 44, § 13, eff. May 21, 2009; 2011, No. 58, § 29, eff. May 31, 2011; 2011, No. 129 (Adj. Sess.), § 4, eff. May 11, 2012; 2013, No. 92 (Adj. Sess.), § 95, eff. Feb. 14, 2014; 2015, No. 23, § 21.)
§ 821a. Repealed. 1985, No. 71, § 5.
§ 822. School district to maintain public high schools or pay tuition
(a) Each school district shall maintain one or more approved high schools in which high
school education is provided for its resident students unless:
(1) the electorate authorizes the school board to close an existing high school and to
provide for the high school education of its students by paying tuition to a public
high school, an approved independent high school, or an independent school meeting
education quality standards, to be selected by the parents or guardians of the student,
within or outside the State; or
(2) the school district is organized to provide only elementary education for its students.
(b) For purposes of this section, a school district that is organized to provide kindergarten
through grade 12 and maintains a program of education for only the first eight years
of compulsory school attendance shall be obligated to pay tuition for its resident
students for at least four additional years.
(c)(1) A school district may both maintain a high school and furnish high school education
by paying tuition:
(A) to a public school as in the judgment of the school board may best serve the interests
of the students; or
(B) to an approved independent school or an independent school meeting education quality
standards if the school board judges that a student has unique educational needs that
cannot be served within the district or at a nearby public school.
(2) The judgment of the board shall be final in regard to the institution the students
may attend at public cost. (Added 1969, No. 298 (Adj. Sess.), § 53; amended 1977, No. 33, § 2; 1989, No. 271 (Adj. Sess.), § 3; 1991, No. 24, § 2; 1997, No. 71 (Adj. Sess.), § 85, eff. March 11, 1998; 2009, No. 44, § 13, eff. May 21, 2009; 2013, No. 92 (Adj. Sess.), § 96, eff. Feb. 14, 2014; 2015, No. 23, § 22.)
§ 822a. Public high school choice
(a) Definitions. In this section:
(1) “High school” means a public school or that portion of a public school that offers
grades 9 through 12 or some subset of those grades.
(2) “Student” means a student’s parent or guardian if the student is a minor or under
guardianship and means a student himself or herself if the student is not a minor.
(b) Limits on transferring students. A sending high school board may limit the number of resident students who transfer
to another high school under this section in each year; provided that in no case shall
it limit the potential number of new transferring students to fewer than five percent
of the resident students enrolled in the sending high school as of October 1 of the
academic year in which the calculation is made or 10 students, whichever is fewer;
and further provided that in no case shall the total number of transferring students
in any year exceed 10 percent of all resident high school students or 40 students,
whichever is fewer.
(c) Capacity. On or before February 1 each year, the board of a high school district shall define
and announce its capacity to accept students under this section. The Secretary shall
develop, review, and update guidelines to assist high school district boards to define
capacity limits. Guidelines may include limits based on the capacity of the program,
class, grade, school building, measurable adverse financial impact, or other factors,
but shall not be based on the need to provide special education services.
(d) Lottery.
(1) Subject to the provisions of subsection (f) of this section, if more than the allowable
number of students wish to transfer to a school under this section, then the board
of the receiving high school district shall devise a nondiscriminatory lottery system
for determining which students may transfer.
(2) Subject to the provisions of subsection (f) of this section, if more than the allowable
number of students wish to transfer from a school under this section, then the board
of the sending high school district shall devise a nondiscriminatory lottery system
for determining which students may transfer; provided, however:
(A) a board shall give preference to the transfer request of a student whose request to
transfer from the school was denied in a prior year; and
(B) a board that has established limits under subsection (b) of this section may choose
to waive those limits in any year.
(e) Application and notification.
(1) A high school district shall accept applications for enrollment until March 1 of the
school year preceding the school year for which the student is applying.
(2) A high school district shall notify each student of acceptance or rejection of the
application by April 1 of the school year preceding the school year for which the
student is applying.
(3) An accepted student shall notify both the sending and the receiving high schools of
his or her decision to enroll or not to enroll in the receiving high school by April
15 of the school year preceding the school year for which the student has applied.
(4) After sending notification of enrollment, a student may enroll in a school other than
the receiving high school only if the student, the receiving high school, and the
high school in which the student wishes to enroll agree. If the student becomes a
resident of a different school district, the student may enroll in the high school
maintained by the new district of residence.
(5) If a student who is enrolled in a high school other than in the school district of
residence notifies the school district of residence by July 15 of the intent to return
to that school for the following school year, the student shall be permitted to return
to the high school in the school district of residence without requiring agreement
of the receiving district or the sending district.
(f) Enrollment.
(1) An enrolled nonresident student shall be permitted to remain enrolled in the receiving
high school without renewed applications in subsequent years unless:
(A) the student graduates;
(B) the student is no longer a Vermont resident; or
(C) the student is expelled from school in accordance with adopted school policy.
(2) A career technical education (CTE) center serving the region in which a receiving
high school district is located shall be the CTE center in which a nonresident student
under this section is eligible to enroll. The nonresident student shall be eligible
to use any transportation the district provides for resident students attending the
CTE center.
(g) Tuition and other costs.
(1) Unless the sending and receiving schools agree to a different arrangement, no tuition
or other cost shall be charged by the receiving district or paid by the sending district
for a student transferring to a different high school under this section; provided,
however, a sending high school district shall pay special education and career technical
education costs for resident students pursuant to the provisions of this title.
(2) A student transferring to a different high school under this section shall pay no
tuition, fee, or other cost that is not also paid by students residing in the receiving
district.
(3) A district of residence shall include within its average daily membership any student
who transfers to another high school under this section; a receiving school district
shall not include any student who transfers to it under this section.
(h) Special education. If a student who is eligible for and receiving special education services chooses
to enroll in a high school other than in the high school district of residence, then
the receiving high school shall carry out the individualized education program, including
placement, developed by the sending high school district. If the receiving high school
believes that a student not on an individualized education program may be eligible
for special education services or that an existing individualized education program
should be altered, it shall notify the sending high school district. When a sending
high school district considers eligibility, development of an individualized education
program, or changes to a program, it shall give notice of meetings to the receiving
high school district and provide an opportunity for representatives of that district
to attend the meetings and participate in making decisions.
(i) Suspension and expulsion. A sending high school district is not required to provide services to a resident student
during a period of suspension or expulsion imposed by another high school district.
(j) Transportation. Jointly, the superintendent of each supervisory union shall establish and update a
statewide clearinghouse providing information to students about transportation options
among the high school districts.
(k) Nonapplicability of other laws. The provisions of subsections 824(b) and (c) (amount of tuition), 825(b) and (c) (maximum
tuition rate), and 826(a) (notice of tuition change) and section 836 (tuition overcharge
and undercharge) of this chapter shall not apply to enrollment in a high school pursuant
to this section.
(l) Waiver. If a high school board determines that participation under this section would adversely
affect students in its high school, then it may petition the Secretary for an exemption.
The Secretary’s decision shall be final.
(m) Report. Notwithstanding 2 V.S.A. § 20(d), the Secretary shall report annually in January to the Senate and House Committees
on Education on the implementation of public high school choice as provided in this
section, including a quantitative and qualitative evaluation of the program’s impact
on the quality of educational services available to students and the expansion of
educational opportunities. (Added 2011, No. 129 (Adj. Sess.), § 34; amended 2013, No. 56, § 4, eff. May 30, 2013; 2013, No. 92 (Adj. Sess.), § 97, eff. Feb. 14, 2014.)
§ 823. Elementary tuition [Effective until contingency met; see also 16 V.S.A. § 823 effective July 1, 2028 if contingency met, set out below]
(a) Tuition for elementary students shall be paid by the district in which the student
is a resident. The district shall pay the full tuition charged its students attending
a public elementary school. If a payment made to a public elementary school is three
percent more or less than the calculated net cost per elementary pupil in the receiving
school district for the year of attendance, the district shall be reimbursed, credited,
or refunded pursuant to section 836 of this title. Notwithstanding the provisions of this subsection or of subsection 825(b) of this title, the boards of both the receiving and sending districts may enter into tuition agreements
with terms differing from the provisions of those subsections, provided that the receiving
district must offer identical terms to all sending districts, and further provided
that the statutory provisions apply to any sending district that declines the offered
terms.
(b) Unless the electorate of a school district authorizes payment of a higher amount at
an annual or special meeting warned for the purpose, the tuition paid to an approved
independent elementary school or an independent school meeting education quality standards
shall not exceed the least of:
(1) the average announced tuition of Vermont union elementary schools for the year of
attendance;
(2) the tuition charged by the approved independent school for the year of attendance;
or
(3) the average per-pupil tuition the district pays for its other resident elementary
students in the year in which the student is enrolled in the approved independent
school. (Added 1969, No. 298 (Adj. Sess.), § 54; amended 1989, No. 271 (Adj. Sess.), § 4; 2003, No. 76 (Adj. Sess.), § 29, eff. Feb. 17, 2004; 2005, No. 54, § 7; 2007, No. 66, § 5; 2009, No. 44, § 13, eff. May 21, 2009; 2011, No. 58, § 30, eff. May 31, 2011; 2015, No. 23, § 23.)
§ 823. Tuition [Effective July 1, 2028 if contingency met; see also 16 V.S.A. § 823 effective until contingency met, set out above]
[Subsection (a) effective July 1, 2028 if contingency in 2025, No. 73, § 70(f) is met.]
(a) Tuition for students shall be paid by the district in which the student is a resident.
The district shall pay to a receiving school for each resident student attending the
receiving school an amount equal to the base amount contained in subdivision 4001(16) of this title multiplied by the sum of one and any weights applicable to the resident student under
section 4010 of this title.
[Subsection (b) effective July 1, 2028 if contingency in 2025, No. 73, § 70(g) is met.]
(b)(1) In addition to the tuition amount calculated in subsection (a) of this section, a
receiving school may charge, and a sending school shall be required to pay, an additional
fee in the amount of the product of the base amount and up to 0.05 for each student
attending the receiving school in grades nine through 12 only if the following conditions
are met:
(A) the receiving school has received approval from the State Board of Education to charge
the additional fee under this subsection (b), which approval shall be granted in accordance
with rules adopted by the State Board; and
(B) the electorate of each school district with at least one student attending the receiving
school has approved supplemental district spending, as defined in 32 V.S.A. § 5401, for the purpose of this subsection and in an amount sufficient to cover the additional
fee authorized under this subsection (b).
(2) For the purposes of this subsection, a receiving school shall not include an approved
independent school in Vermont functioning as an approved area career and technical
center.
[Subsection (c) effective July 1, 2028 if contingency in 2025, No. 73, § 70(g) is met.]
(c) A receiving school that elects and is eligible to charge an additional fee pursuant
to subsection (b) of this section shall charge the same additional fee for each student
attending on a publicly funded tuition basis pursuant to chapter 21 of this title.
A receiving school is prohibited from charging different fees pursuant to this section
to different school districts.
[Subsection (d) effective July 1, 2028 if contingency in 2025, No. 73, § 70(f) is met.]
(d) Notwithstanding subsections (a), (b), and (c) of this section, or any other provision
of law to the contrary, the district shall pay the full tuition charged its students
attending an approved independent school in Vermont functioning as an approved area
career and technical center. (Added 1969, No. 298 (Adj. Sess.), § 54; amended 1989, No. 271 (Adj. Sess.), § 4; 2003, No. 76 (Adj. Sess.), § 29, eff. Feb. 17, 2004; 2005, No. 54, § 7; 2007, No. 66, § 5; 2009, No. 44, § 13, eff. May 21, 2009; 2011, No. 58, § 30, eff. May 31, 2011; 2015, No. 23, § 23; 2025, No. 73, § 27, eff. July 1, 2028, if contingencies met.)
§ 824. High school tuition
(a) Tuition for high school students shall be paid by the school district in which the
student is a resident.
(b) Except as otherwise provided for technical students, the district shall pay the full
tuition charged its students attending a public high school in Vermont or an adjoining
state or a public or approved independent school in Vermont functioning as an approved
area career technical center, or an independent school meeting education quality standards;
provided:
(1) If a payment made to a public high school or an independent school meeting education
quality standards is three percent more or less than the calculated net cost per secondary
pupil in the receiving school district or independent school for the year of attendance
then the district or school shall be reimbursed, credited, or refunded pursuant to
section 836 of this title.
(2) Notwithstanding the provisions of this subsection or of subsection 825(b) of this title, the board of the receiving public school district, public or approved independent
school functioning as an area career technical center, or independent school meeting
education quality standards may enter into tuition agreements with the boards of sending
districts that have terms differing from the provisions of those subsections, provided
that the receiving district or school must offer identical terms to all sending districts,
and further provided that the statutory provisions apply to any sending district that
declines the offered terms.
(c) The district shall pay an amount not to exceed the average announced tuition of Vermont
union high schools for the year of attendance for its students enrolled in an approved
independent school not functioning as a Vermont area career technical center, or any
higher amount approved by the electorate at an annual or special meeting warned for
that purpose. (Added 1969, No. 298 (Adj. Sess.), § 55; amended 1971, No. 52, § 5, eff. April 14, 1971; 1975, No. 27, § 1, eff. Jan. 1, 1976; 1983, No. 247 (Adj. Sess.), § 3; 1991, No. 24, § 3; 1991, No. 24, § 3; 1991, No. 204 (Adj. Sess.), § 7; 1995, No. 34, § 2; 1997, No. 60, § 8, eff. June 26, 1997; 1997, No. 71 (Adj. Sess.), § 86, eff. March 11, 1998; 1997, No. 138 (Adj. Sess.), § 21; 2001, No. 8, § 9; 2005, No. 54, § 8; 2007, No. 66, § 6; 2009, No. 44, § 13, eff. May 21, 2009; 2015, No. 23, § 24.)
§ 824. High school tuition [Repealed July 1, 2029 if contingency met]
(Added 1969, No. 298 (Adj. Sess.), § 55; amended 1971, No. 52, § 5, eff. April 14, 1971; 1975, No. 27, § 1, eff. Jan. 1, 1976; 1983, No. 247 (Adj. Sess.), § 3; 1991, No. 24, § 3; 1991, No. 24, § 3; 1991, No. 204 (Adj. Sess.), § 7; 1995, No. 34, § 2; 1997, No. 60, § 8, eff. June 26, 1997; 1997, No. 71 (Adj. Sess.), § 86, eff. March 11, 1998; 1997, No. 138 (Adj. Sess.), § 21; 2001, No. 8, § 9; 2005, No. 54, § 8; 2007, No. 66, § 6; 2009, No. 44, § 13, eff. May 21, 2009; 2015, No. 23, § 24; repealed by 2025, No. 73, § 28.)
§ 825. Maximum tuition rate; calculated net cost per pupil defined [Repealed July 1, 2029
if contingency met]
(a) Calculated net cost per pupil for purposes of this chapter shall be defined by the
Secretary. Expenditures shall include those for equipment and school building construction,
additions, or renovations. Expenditures excluded shall be:
(1) transportation costs incurred by the receiving school district for its resident students;
(2) transportation costs for which the receiving school district receives reimbursement;
(3) that portion of the total cost that is provided by direct grants from State or federal
sources for salaries or other specific expenses;
(4) expenditures for maintenance, and payments of principal and interest for buildings
used exclusively for boarding students if any;
(5) expenditures for special education; and
(6) tuition payments for career technical education.
(b) In no case shall the tuition charged be such that the ratio of the total tuition received
to the total cost of operation of the receiving school, or school district, exceeds
the ratio of the number of tuition-paying students to the total number of students
enrolled in the receiving school, or school district.
(c) The Secretary shall investigate complaints by a school board regarding tuition and
may, within the limits of funds appropriated for this specific purpose, contract for
limited scope audits of the annual statistical reports submitted by school districts
for the purpose of determining the accuracy of the allocation of revenues and expenditures
to elementary and secondary tuition rates. (Added 1969, No. 298 (Adj. Sess.), § 56; amended 1987, No. 235 (Adj. Sess.), § 10; 1997, No. 138 (Adj. Sess.), § 23, eff. April 27, 1998; 2005, No. 54, § 9; 2013, No. 92 (Adj. Sess.), § 98, eff. Feb. 14, 2014; 2021, No. 20, § 58; contingently repealed on July 1, 2029 by 2025, No. 73, § 28.)
§ 826. Notice of tuition rates; special education charges
(a) A school board, or the board of trustees of an independent school meeting education
quality standards, that proposes to increase tuition charges shall notify the school
board of the school district from which its nonresident students come, and the Secretary,
of the proposed increase on or before January 15 in any year; such increases shall
not become effective without the notice and not until the following school year.
(b) A school board or the board of trustees of an independent school meeting education
quality standards may establish a separate tuition for one or more special education
programs. No such tuition shall be established unless the State Board has by rule
defined the program as of a type that may be funded by a separate tuition. Any such
tuition shall be announced in accordance with the provisions of subsection (a) of
this section. The amount of tuition shall reflect the net cost per pupil in the program.
The announcement of tuition shall describe the special education services included
or excluded from coverage. Tuition for part-time students shall be reduced proportionally.
(c) Excess special education costs incurred by a supervisory union in providing special
education services to a student beyond those covered by tuition may be charged to
the student’s supervisory union for the district of residence. However, only actual
costs or actual proportionate costs attributable to the student may be charged.
(d) The State Board shall adopt rules relating to the types of special education programs
that may establish tuition charges and relating to methods and times of calculating
excess charges. (Added 1969, No. 298 (Adj. Sess.), § 57; amended 1987, No. 235 (Adj. Sess.), § 9; 1991, No. 24, § 12; 1995, No. 34, § 3; 2001, No. 8, § 10; 2009, No. 44, § 13, eff. May 21, 2009; 2013, No. 92 (Adj. Sess.), § 99, eff. Feb. 14, 2014; 2015, No. 23, § 25; 2017, No. 173 (Adj. Sess.), § 6, eff. May 25, 2018.)
§ 826. Notice of tuition rates; special education charges [Repealed July 1, 2029 if contingency
met]
(Added 1969, No. 298 (Adj. Sess.), § 57; amended 1987, No. 235 (Adj. Sess.), § 9; 1991, No. 24, § 12; 1995, No. 34, § 3; 2001, No. 8, § 10; 2009, No. 44, § 13, eff. May 21, 2009; 2013, No. 92 (Adj. Sess.), § 99, eff. Feb. 14, 2014; 2015, No. 23, § 25; 2017, No. 173 (Adj. Sess.), § 6, eff. May 25, 2018; repealed by 2025, No. 73, § 28.)
§ 827. Designation of a public high school or an approved independent high school as the
public high school of a school district
(a) A school district not maintaining an approved public high school may vote on such
terms or conditions as it deems appropriate, to designate three or fewer approved
independent or public high schools as the public high school or schools of the district.
(b) Except as otherwise provided in this section, if the board of trustees or the school
board of a designated school votes to accept this designation, the school shall be
regarded as a public school for tuition purposes under subsection 824(b) of this title, and the sending school district shall pay tuition only to that school, and to any
other school designated under this section, until such time as the sending school
district or the designated school votes to rescind the designation.
(c) A parent or legal guardian who is dissatisfied with the instruction provided at a
designated school or who cannot obtain for his or her child the kind of course or
instruction desired there, or whose child can be better accommodated in an approved
independent or public high school nearer his or her home during the next academic
year, may request on or before April 15 that the school board pay tuition to another
approved independent or public high school selected by the parent or guardian.
(d) The school board may pay tuition to another approved high school as requested by the
parent or legal guardian if in its judgment that will best serve the interests of
the student. Its decision shall be final in regard to the institution the student
may attend. If the board approves the parent’s request, the board shall pay tuition
for the student in an amount not to exceed the least of:
(1) The statewide average announced tuition of Vermont union high schools.
(2) The per-pupil tuition the district pays to the designated school in the year in which
the student is enrolled in the nondesignated school. If the district has designated
more than one school pursuant to this section, then it shall be the lowest per-pupil
tuition paid to a designated school.
(3) The tuition charged by the approved nondesignated school in the year in which the
student is enrolled.
(e) Notwithstanding any other provision of law to the contrary:
(1) the school districts of Pawlet, Rupert, and Wells may designate a public high school
located in New York as the public high school of the district pursuant to the provisions
of this section;
(2) unless otherwise directed by an affirmative vote of the school district, when the
Wells Board approves parental requests to pay tuition to a nondesignated approved
independent or public school, the Board shall pay tuition in an amount not to exceed
the base education amount as determined under section 4011 of this title for the fiscal year in which tuition is being paid; and
(3) unless otherwise directed by an affirmative vote of the school district, when the
Strafford Board approves a parental request to pay tuition to a nondesignated approved
independent or public school, the Board shall pay tuition to the nondesignated school
pursuant to section 824 of this title for the year in which the student is enrolled; provided, however, that it shall not
pay tuition in an amount that exceeds the tuition paid to the designated school for
the same academic year. (Added 1969, No. 298 (Adj. Sess.), § 58; amended 1989, No. 271 (Adj. Sess.), § 5; 1991, No. 24, § 4; 2009, No. 44, § 13, eff. May 21, 2009; 2009, No. 153 (Adj. Sess.), § 21a; 2011, No. 156 (Adj. Sess.), § 33, eff. May 16, 2012; 2015, No. 46, § 45.)
§ 828. Tuition to approved schools; age; appeal
(a) A school district shall not pay the tuition of a student except to:
(1) a public school located in Vermont;
(2) an approved independent school that:
(A) is located in Vermont;
(B) is approved under section 166 of this title on or before July 1, 2025;
(C) is located within either:
(i) a supervisory district that does not operate a public school for some or all grades
as of July 1, 2024; or
(ii) a supervisory union with one or more member school districts that does not operate
a public school for some or all grades as of July 1, 2024;
(D) had at least 25 percent of its student enrollment composed of students attending on
a district-funded tuition basis pursuant to chapter 21 of this title during the 2023–2024
school year; and
(E) complies with the minimum class size requirements contained in subdivision 165(a)(9) of this title and State Board rule; provided, however, that if a school is unable to comply with
the class size minimum standards due to geographic isolation or a school has developed
an implementation plan to meet the class size minimum requirements, the school may
ask the State Board to grant it a waiver from this subdivision (E), which decision
shall be final;
(3) an independent school meeting education quality standards;
(4) a tutorial program approved by the State Board;
(5) an approved education program;
(6) a public school located in another state; or
(7) a therapeutic approved independent school located in Vermont or another state or country
that is approved under the laws of that state or country.
(b) Payment of tuition on behalf of a person shall not be denied on account of age.
(c) Unless otherwise provided, a person who is aggrieved by a decision of a school board
relating to eligibility for tuition payments, the amount of tuition payable, or the
school the person may attend, may appeal to the State Board and its decision shall
be final.
(d) As used in this section, “therapeutic approved independent school” means an approved
independent school that limits enrollment for publicly funded students residing in
Vermont to students who are on an individualized education program or plan under Section
504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794, or who are enrolled pursuant to a written agreement between a local education agency
and the school or pursuant to a court order. (Added 1969, No. 298 (Adj. Sess.), § 59; amended 1989, No. 271 (Adj. Sess.), § 6; 1991, No. 24, § 11; 1995, No. 157 (Adj. Sess.), § 3; 2009, No. 44, § 13, eff. May 21, 2009; 2015, No. 23, § 26; 2021, No. 127 (Adj. Sess.), § 21, eff. July 1, 2024; 2025, No. 73, § 21, eff. July 1, 2025.)
§ 829. Prekindergarten education
(a) Definitions. As used in this section:
(1) “Prekindergarten child” means a child who, as of the date established by the district
of residence for kindergarten eligibility, is three or four years of age or is five
years of age but is not yet enrolled in kindergarten.
(2) “Prekindergarten education” means services designed to provide to prekindergarten
children developmentally appropriate early development and learning experiences based
on Vermont’s early learning standards.
(3) “Prequalified private provider” means a private provider of prekindergarten education
that is qualified pursuant to subsection (c) of this section.
(b) Access to publicly funded prekindergarten education.
(1) No fewer than ten hours per week of publicly funded prekindergarten education shall
be available for 35 weeks annually to each prekindergarten child whom a parent or
guardian wishes to enroll in an available, prequalified program operated by a public
school or a private provider.
(2) If a parent or guardian chooses to enroll a prekindergarten child in an available,
prequalified program, then, pursuant to the parent or guardian’s choice, the school
district of residence shall:
(A) pay tuition pursuant to subsections (d) and (h) of this section upon the request of
the parent or guardian to:
(i) a prequalified private provider; or
(ii) a public school located outside the district that operates a prekindergarten program
that has been prequalified pursuant to subsection (c) of this section; or
(B) enroll the child in the prekindergarten education program that it operates.
(3) If requested by the parent or guardian of a prekindergarten child, the school district
of residence shall pay tuition to a prequalified program operated by a private provider
or a public school in another district even if the district of residence operates
a prekindergarten education program.
(4) If the supply of prequalified private and public providers is insufficient to meet
the demand for publicly funded prekindergarten education in any region of the State,
nothing in this section shall be construed to require a district to begin or expand
a program to satisfy that demand; but rather, in collaboration with the Agencies of
Education and of Human Services, the local Building Bright Futures Council shall meet
with school districts and private providers in the region to develop a regional plan
to expand capacity.
(c) Prequalification. Pursuant to rules jointly developed and overseen by the Secretaries of Education and
of Human Services and adopted by the State Board pursuant to 3 V.S.A. chapter 25, the Agencies jointly may determine that a private or public provider of prekindergarten
education is qualified for purposes of this section and include the provider in a
publicly accessible database of prequalified providers. At a minimum, the rules shall
define the process by which a provider applies for and maintains prequalification
status, shall identify the minimum quality standards for prequalification, and shall
include the following requirements:
(1) A program of prekindergarten education, whether provided by a school district or a
private provider, shall have received:
(A) National Association for the Education of Young Children (NAEYC) accreditation;
(B) at least four stars in the Department for Children and Families’ STARS system; or
(C) three stars in the STARS system if the provider has developed a plan, approved by
the Commissioner for Children and Families and the Secretary of Education, to achieve
four or more stars.
(2) A licensed provider shall employ or contract for the services of at least one teacher
who is licensed and endorsed in early childhood education or in early childhood special
education under chapter 51 of this title.
(3) A registered home provider that is not licensed and endorsed in early childhood education
or early childhood special education shall receive regular, active supervision and
training from a teacher who is licensed and endorsed in early childhood education
or in early childhood special education under chapter 51 of this title.
(d) Tuition, budgets, and average daily membership.
(1) On behalf of a resident prekindergarten child, a district shall pay tuition for prekindergarten
education for ten hours per week for 35 weeks annually to a prequalified private provider
or to a public school outside the district that is prequalified pursuant to subsection
(c) of this section; provided, however, that the district shall pay tuition for weeks
that are within the district’s academic year. Tuition paid under this section shall
be at a statewide rate, which may be adjusted regionally, that is established annually
through a process jointly developed and implemented by the Agencies of Education and
of Human Services. A district shall pay tuition upon:
(A) receiving notice from the child’s parent or guardian that the child is or will be
admitted to the prekindergarten education program operated by the prequalified private
provider or the other district; and
(B) concurrent enrollment of the prekindergarten child in the district of residence for
purposes of budgeting and determining average daily membership.
(2) In addition to any direct costs of operating a prekindergarten education program,
a district of residence shall include anticipated tuition payments and any administrative,
quality assurance, quality improvement, transition planning, or other prekindergarten-related
costs in its annual budget presented to the voters.
(3) Pursuant to subdivision 4001(1)(C) of this title, the district of residence may include within its average daily membership any prekindergarten
child for whom it has provided prekindergarten education or on whose behalf it has
paid tuition pursuant to this section.
(4) A prequalified private provider may receive additional payment directly from the parent
or guardian only for prekindergarten education in excess of the hours paid for by
the district pursuant to this section or for child care services, or both. The provider
is not bound by the statewide rate established in this subsection when determining
the rates it will charge the parent or guardian.
(e) Rules. The Secretary of Education and the Commissioner for Children and Families shall jointly
develop and agree to rules and present them to the State Board for adoption under
3 V.S.A. chapter 25 as follows:
(1) To permit private providers that are not prequalified pursuant to subsection (c) of
this section to create new or continue existing partnerships with school districts
through which the school district provides supports that enable the provider to fulfill
the requirements of subdivision (c)(2) or (3), and through which the district may
or may not make in-kind payments as a component of the statewide tuition established
under this section.
(2) To authorize a district to begin or expand a school-based prekindergarten education
program only upon prior approval obtained through a process jointly overseen by the
Secretaries of Education and of Human Services, which shall be based upon analysis
of the number of prekindergarten children residing in the district and the availability
of enrollment opportunities with prequalified private providers in the region. Where
the data are not clear or there are other complex considerations, the Secretaries
may choose to conduct a community needs assessment.
(3) To require that the school district provides opportunities for effective parental
participation in the prekindergarten education program.
(4) To establish a process by which:
(A) a parent or guardian notifies the district that the prekindergarten child is or will
be admitted to a prekindergarten education program not operated by the district and
concurrently enrolls the child in the district pursuant to subdivision (d)(1) of this
section;
(B) a district:
(i) pays tuition pursuant to a schedule that does not inhibit the ability of a parent
or guardian to enroll a prekindergarten child in a prekindergarten education program
or the ability of a prequalified private provider to maintain financial stability;
and
(ii) enters into an agreement with any provider to which it will pay tuition regarding
quality assurance, transition, and any other matters; and
(C) a provider that has received tuition payments under this section on behalf of a prekindergarten
child notifies a district that the child is no longer enrolled.
(5) To establish a process to calculate an annual statewide tuition rate that is based
upon the actual cost of delivering ten hours per week of prekindergarten education
that meets all established quality standards and to allow for regional adjustments
to the rate.
(6) [Repealed.]
(7) To require a district to include identifiable costs for prekindergarten programs and
essential early education services in its annual budgets and reports to the community.
(8) To require a district to report to the Agency of Education annual expenditures made
in support of prekindergarten education, with distinct figures provided for expenditures
made from the General Fund, from the Education Fund, and from all other sources, which
shall be specified.
(9) To provide an administrative process for:
(A) a parent, guardian, or provider to challenge an action of a school district or the
State when the complainant believes that the district or State is in violation of
State statute or rules regarding prekindergarten education; and
(B) a school district to challenge an action of a provider or the State when the district
believes that the provider or the State is in violation of State statute or rules
regarding prekindergarten education.
(10) To establish a system by which the Agency of Education and Department for Children
and Families shall jointly monitor and evaluate prekindergarten education programs
to promote optimal results for children that support the relevant population-level
outcomes set forth in 3 V.S.A. § 2311 and to collect data that will inform future decisions. The Agency and Department
shall be required to report annually to the General Assembly in January. At a minimum,
the system shall monitor and evaluate:
(A) programmatic details, including the number of children served, the number of private
and public programs operated, and the public financial investment made to ensure access
to quality prekindergarten education;
(B) the quality of public and private prekindergarten education programs and efforts to
ensure continuous quality improvements through mentoring, training, technical assistance,
and otherwise; and
(C) the results for children, including school readiness and proficiency in numeracy and
literacy.
(11) To establish a process for documenting the progress of children enrolled in prekindergarten
education programs and to require public and private providers to use the process
to:
(A) help individualize instruction and improve program practice; and
(B) collect and report child progress data to the Secretary of Education on an annual
basis.
(f) Other provisions of law. Section 836 of this title shall not apply to this section.
(g) Limitations. Nothing in this section shall be construed to permit or require payment of public
funds to a private provider of prekindergarten education in violation of Chapter I, Article 3 of the Vermont Constitution or in violation of the Establishment Clause of the U.S. Constitution.
(h) Geographic limitations.
(1) Notwithstanding the requirement that a district pay tuition to any prequalified public
or private provider in the State, a school board may choose to limit the geographic
boundaries within which the district shall pay tuition by paying tuition solely to
those prequalified providers in which parents and guardians choose to enroll resident
prekindergarten children that are located within the district’s “prekindergarten region”
as determined in subdivision (2) of this subsection.
(2) For purposes of this subsection, upon application from the school board, a district’s
prekindergarten region shall be determined jointly by the Agencies of Education and
of Human Services in consultation with the school board, private providers of prekindergarten
education, parents and guardians of prekindergarten children, and other interested
parties pursuant to a process adopted by rule under subsection (e) of this section.
A prekindergarten region:
(A) shall not be smaller than the geographic boundaries of the school district;
(B) shall be based in part upon the estimated number of prekindergarten children residing
in the district and in surrounding districts, the availability of prequalified private
and public providers of prekindergarten education, commuting patterns, and other region-specific
criteria; and
(C) shall be designed to support existing partnerships between the school district and
private providers of prekindergarten education.
(3) If a school board chooses to pay tuition to providers solely within its prekindergarten
region, and if a resident prekindergarten child is unable to access publicly funded
prekindergarten education within that region, then the child’s parent or guardian
may request and in its discretion the district may pay tuition at the statewide rate
for a prekindergarten education program operated by a prequalified provider located
outside the prekindergarten region.
(4) Except for the narrow exception permitting a school board to limit geographic boundaries
under subdivision (1) of this subsection, all other provisions of this section and
related rules shall continue to apply. (Added 2007, No. 62, § 3; amended 2007, No. 132 (Adj. Sess.), § 1; 2011, No. 129 (Adj. Sess.), § 9; 2013, No. 92 (Adj. Sess.), § 100, eff. Feb. 14, 2014; 2013, No. 166 (Adj. Sess.), § 1, eff. May 28, 2014; 2015, No. 11, § 13; 2017, No. 49, § 45, eff. May 23, 2017; 2021, No. 166 (Adj. Sess.), § 15, eff. July 1, 2023.)
§ 830. Repealed. 1989, No. 233 (Adj. Sess.), § 2.
§§ 831, 832. Repealed. 1973, No. 191 (Adj. Sess.), § 2.
§ 833. Repealed. 1983, No. 247 (Adj. Sess.), § 4(3).
§ 834. Duty of care
(a) Each school district and its employees owe its students a duty of ordinary care to
prevent the students from being exposed to unreasonable risk, from which it is foreseeable
that injury is likely to occur.
(b) School districts and their employees do not owe their students a duty of immediate
supervision at all times and under all circumstances. (Added 1983, No. 122 (Adj. Sess.).)
§ 835. Lemington, Bloomfield, Brunswick, Granby, Guildhall, and Maidstone; tuitioning of
elementary students
The Lemington, Bloomfield, Brunswick, Granby, Guildhall, and Maidstone school districts
may provide for the elementary education of the students residing in their districts
by paying tuition to public elementary schools in the State of New Hampshire. Notwithstanding
the provisions of section 823 of this title, school districts affected by this section shall pay the full tuition charged by
a public elementary school in New Hampshire. (Added 1993, No. 72; amended 2005, No. 182 (Adj. Sess.), § 4; 2007, No. 192 (Adj. Sess.), § 6.029.)
§ 836. Tuition overcharge or undercharge
(a) Annually, on or before November 1, the Secretary shall inform each school board of
a receiving public school, each board of trustees of a receiving approved independent
school for which the Secretary has calculated a net cost per pupil, and each sending
school district in Vermont of the calculated net cost per elementary or secondary
pupil in the receiving schools. Each school board or board of trustees of a receiving
school shall then determine whether it overcharged or undercharged any sending district
for tuition charges and shall notify the district by December 15 of the same year
of the amount due or the amount to be refunded or credited.
(b) If the sending district has paid tuition charges in excess of three percent of the
calculated net cost per elementary or secondary pupil and is not sending enough students
to the receiving district to use the overcharge funds as credit against tuition, the
receiving district shall refund the overcharge money by July 31; provided, however,
that the refund shall be in the amount that exceeded a three-percent overcharge. Interest
owed the sending district on overcharge monies shall begin to accrue on December 1,
at the rate of one-half percent per month.
(c) If the receiving district has undercharged tuition in an amount three percent or more
than the calculated net cost per elementary or secondary pupil, the sending district
shall pay the receiving district an amount equal to the amount of the undercharge
that is between three percent and ten percent of the net cost per pupil. If payment
is not made by July 31 of the year following the year in which the undercharge was
determined, interest owed the receiving district on undercharge monies shall begin
to accrue on August 1, at the rate of one percent per month. (Added 1995, No. 34, § 4; amended 1995, No. 129 (Adj. Sess.), § 1; 1997, No. 138 (Adj. Sess.), § 22; 2005, No. 54, § 10; 2013, No. 60, § 3; 2013, No. 92 (Adj. Sess.), § 102, eff. Feb. 14, 2014.)
§ 836. Tuition overcharge or undercharge [Repealed July 1, 2029 if contingency met]
(Added 1995, No. 34, § 4; amended 1995, No. 129 (Adj. Sess.), § 1; 1997, No. 138 (Adj. Sess.), § 22; 2005, No. 54, § 10; 2013, No. 60, § 3; 2013, No. 92 (Adj. Sess.), § 102, eff. Feb. 14, 2014; repealed by 2025, No. 73, § 28.)
§ 837. School facilities management; training and certification
(a) The Secretary of Education, in consultation with facilities management industry and
school operations experts, shall establish guidelines for the training and certification
of each person designated as responsible for facilities management for a school district
or supervisory union.
(b) The superintendent for each school district or supervisory union shall designate a
person with responsibility for facilities management for the school district or supervisory
union. The designee for each school district or supervisory union shall receive training
and certification pursuant to the guidelines established in subsection (a) of this
section. (Added 2021, No. 72, § 5, eff. June 8, 2021.)
§ 838. Capital improvement plan
(a) Each school district shall develop and maintain a five-year capital operations and
improvement plan for the school district and supervisory union, which shall be updated
annually.
(b) The capital operations and improvement plan described in subsection (a) of this section
shall be in a form developed and prescribed by the Secretary of Education after consultation
with facilities management and school operations experts. (Added 2021, No. 72, § 6, eff. June 8, 2021.)