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Subchapter 001: GENERAL PROVISIONS
§ 1071. School year and school day
(a) Minimum number of days. Except as provided in this section, each public school shall be maintained and operated
for:
(1) At least 175 student attendance days in each school year. For purposes of this section,
a majority of students enrolled in a school must be recorded on the school roll as
in attendance on any day counted as a student attendance day.
(2) At least five teacher in-service education days, during which time activities shall
be conducted without students present in order to increase the competency of the staff,
improve the curriculum of the school, enable teachers to attend State educational
meetings, or disseminate student progress information to parents or the community.
(b) Hours of operation. Within the minimum set by the State Board, the school board shall fix the number of
hours that shall constitute a school day, subject to change upon the order of the
State Board.
(c) Unanticipated closings. When a public school is closed for cause beyond the control of the school board, it
may petition the State Board for a waiver of the requirements of this section. The
petition shall be filed with the State Board within 10 days of each occurrence and
not later than June 15 of the school year involved; and the State Board shall act
on the petition at its next meeting. If the petition is approved and a waiver granted,
the school district shall be deemed to have satisfied the requirements of this section.
If the State Board fails to act at that meeting, the petition shall be deemed to have
been approved and the waiver granted.
(d) [Repealed.]
(e) Regional calendar. Before April 1 of each year, the superintendents of schools and the headmasters of
public schools not managed by school boards in an area shall meet, and by majority
vote, establish a uniform calendar within that area for the following school year.
The calendar shall include student attendance days, periods of vacation, holidays,
and teacher in-service education days and shall comply with subsection (a) of this
section. Unless permitted by the Secretary, no area served by a regional career technical
center shall be divided into two or more calendar regions.
(f) Additional days. Nothing in this section prohibits a school from scheduling additional days for student
attendance or teacher in-service education. However, those days shall not conflict
with any applicable school calendar.
(g) Upon application of one or more school districts, after approval by the voters of
each such district, the State Board may grant a waiver of the requirements of subsection
(a) of this section if it is satisfied that equivalent educational programming will
be maintained or improved. The waiver may be granted for any purpose, including the
conservation of energy. (Amended 1969, No. 298 (Adj. Sess.),§§ 7, 79; 1971, No. 17; 1979, No. 155 (Adj. Sess.); 1981, No. 47, § 1; 1983, No. 163 (Adj. Sess.); 1991, No. 204 (Adj. Sess.), § 7; 1995, No. 130 (Adj. Sess.), § 1; 1999, No. 49, § 22, eff. June 2, 1999; 2013, No. 92 (Adj. Sess.), § 113, eff. Feb. 14, 2014.)
§ 1072. Legal holidays
All conditions of employment relating to legal holidays, including decisions such
as the closing or opening of schools and compensation for work performed on a holiday,
shall be proper matters for collective bargaining pursuant to chapter 57 of this title. (Amended 1975, No. 48, § 9, eff. April 15, 1975; 1985, No. 251 (Adj. Sess.), § 2; 2013, No. 92 (Adj. Sess.), § 114, eff. Feb. 14, 2014.)
§ 1073. “Legal pupil” defined; access to school
(a) Definition. “Legal pupil” means an individual who has attained the age of five years on or before
January 1 next following the beginning of the school year. However, a school district
may require that students admitted to kindergarten have attained the age of five on
or before any date between August 31 and January 1.
(b) Access to school.
(1) Right to a public education. No legal pupil attending school at public expense, including a married, pregnant,
or parenting student, shall be deprived of or denied the opportunity to participate
in or complete a public school education.
(2) Right to enroll in a public or independent school. Notwithstanding the provisions of sections 822 and 1075 of this title, a pregnant or parenting student may enroll in any approved public school in Vermont
or an adjacent state, any approved independent school in Vermont, or any other educational
program approved by the State Board in which any other legal pupil in Vermont may
enroll.
(3) Teen parent education program.
(A) Residential teen parent education programs. The Secretary shall pay the educational costs for a pregnant or parenting student
attending a State Board-approved teen parent education program in a 24-hour residential
facility for up to eight months after the birth of the child. The Secretary may approve
extension of payment of educational costs based on a plan for reintegration of the
student into the community or for exceptional circumstances as determined by the Secretary.
The district of residence of a student in a 24-hour residential facility shall remain
responsible for coordination of the student’s educational program and for planning
and facilitating her subsequent educational program.
(B) Nonresidential teen parent education programs.
(i) The pregnant or parenting student’s district of residence or the approved independent
or public school to which that district pays tuition for its students (the enrolling
school) shall be responsible for planning, coordinating, and assessing the enrolled
student’s education plan while attending a teen parent education program and for planning,
assessing, and facilitating the student’s subsequent education plan, including the
student’s transition back to the public or approved independent school. As determined
by the district of residence or the enrolling school, as appropriate, the student’s
educational plan while attending a teen parent education program shall include learning
experiences that are the substantial equivalent of the learning experiences required
by the district of residence or the enrolling school to obtain a high school diploma.
(ii) A pregnant or parenting student may attend a nonresidential teen parent education
program for a length of time to be determined by agreement of the student’s district
of residence, the enrolling school, the teen parent education program, and the student.
(iii) In the event of a dispute regarding any aspect of this subdivision (B), the district
of residence, the enrolling school, the teen parent education program, or the student,
or any combination of these, may request a determination from the Secretary whose
decision shall be final; any determination by the Secretary regarding “substantial
equivalency” pursuant to subdivision (i) of this subdivision (b)(3)(B) shall be based
on the Secretary’s analysis of the course syllabus or the course description provided
by the district of residence or enrolling school.
(c) Prekindergarten and essential early education. An individual who is not a legal pupil may be enrolled in a public school in a prekindergarten
program offered by or through a public school pursuant to rules adopted under section 829 of this title or in a program of essential early education offered pursuant to section 2956 of this title.
(d) If one or both of a child’s parents or guardians are being relocated to the State
under military orders, a school district shall allow registration of the student by
mail, telephone, or electronically and shall not require the parent or legal guardian
of the student or the student themselves to physically appear at a location within
the district to register the student. Proof of required residency shall not be required
at the time of the remote registration but shall be required within 10 days of the
student’s attendance in the school district. (Amended 1971, No. 243 (Adj. Sess.), § 1; 1979, No. 124 (Adj. Sess.); 1983, No. 247 (Adj. Sess.), § 4(6); 1985, No. 71, § 6; 1991, No. 21, § 1; 1995, No. 157 (Adj. Sess.), § 4; 1997, No. 147 (Adj. Sess.), § 153a, eff. April 29, 1998; 2007, No. 62, § 5; 2009, No. 44, § 34, eff. May 21, 2009; 2013, No. 92 (Adj. Sess.), § 115, eff. Feb. 14, 2014; 2019, No. 131 (Adj. Sess.), § 72; 2021, No. 140 (Adj. Sess.), § 4, eff. May 27, 2022.)
§ 1074. Age of student; “between” defined
The word “between,” as used in this title in respect to a specified age of a student,
shall mean the period of time commencing on the birthday of the child when he or she
becomes the age first specified and ending on the day next preceding the birthday
of the child when he or she becomes the age last specified. (Amended 2013, No. 92 (Adj. Sess.), § 116, eff. Feb. 14, 2014.)
§ 1075. Legal residence defined; responsibility and payment of education of student
(a) For the purpose of this title, except as otherwise set forth, the legal residence
or residence of a student shall be as follows:
(1) In the case of a minor, legal residence is where his or her parents reside, except
that:
(A) if the parents live apart, legal residence is where either parent resides, but if
a parent with sole custody lives outside the State of Vermont, the student does not
have a legal residence in Vermont;
(B) if the minor is in the custody of a legal guardian appointed by a Vermont court or
a court of competent jurisdiction in another state, territory, or country, legal residence
is where the guardian resides.
(2) In the case of a student who has reached the age of majority, legal residence is where
the student resides.
(3) For the purposes of this title, “resident” of the State and of a school district means
a natural person who is domiciled in the school district and who, if temporarily absent,
demonstrates an intent to maintain a principal dwelling place in the school district
indefinitely and to return there, coupled with an act or acts consistent with that
intent. The term “temporarily absent” includes those special cases listed in 17 V.S.A. § 2122(a). The term “residence” is synonymous with the term “domicile.” A married person may
have a domicile independent of the domicile of his or her spouse. If a person removes
to another town with the intention of remaining there indefinitely, that person shall
be considered to have lost residence in the town in which the person originally resided
even though the person intends to return at some future time. A person may have only
one residence at a given time.
(b) The Secretary shall determine the legal residence of all State-placed students pursuant
to the provisions of this section. In all other cases, the student’s legal residence
shall be determined by the school board of the district in which the student is seeking
enrollment or, if the student is seeking payment of tuition, the school board from
which the student is seeking tuition payment. If a student is denied enrollment at
any stage, the student and his or her parent or guardian shall be notified in writing,
within 24 hours, of the provisions of this section. If the student is not in attendance
as a result of a preliminary decision by school officials and a decision from the
school board will not be available by the end of the second school day after the request
for enrollment is made, the Secretary may issue a temporary order requiring enrollment.
Any interested person or taxpayer who is dissatisfied with the decision of the school
board as to the student’s legal residence may appeal to the Secretary, who shall determine
the student’s legal residence, and the decision of the Secretary shall be final. Pending
appeal under this subsection, the Secretary shall issue a temporary order requiring
enrollment.
(c) State-placed students.
(1) A State-placed student in the legal custody of the Commissioner for Children and Families,
other than one placed in a 24-hour residential facility and except as otherwise provided
in this subsection, shall be educated by the student’s school of origin, unless the
student’s education team determines that it is not in the student’s best interests
to attend the school of origin. The student’s education team shall include, as applicable,
the student, the student’s parents and foster parents, the student’s guardian ad litem
and educational surrogate parent, representatives of both the school of origin and
potential new school, and a representative of the Family Services Division of the
Department for Children and Families. In the case of a dispute about whether it is
in the student’s best interests to attend the school of origin, the Commissioner for
Children and Families shall make the final decision. As used in this section, “school
of origin” means the school in which the child was enrolled at the time of placement
into custody of the Commissioner for Children and Families, or in the case of a student
already in the custody of the Commissioner for Children and Families, the school the
student most recently attended.
(2) If a student is a State-placed student pursuant to subdivision 11(a)(28)(D)(i)(I) of this title, then the Department for Children and Families shall be responsible for the student’s
transportation to and from school, unless the receiving district chooses to provide
transportation.
(3) A State-placed student not in the legal custody of the Commissioner for Children and
Families, other than one placed in a 24-hour residential facility and except as otherwise
provided in this subsection, shall be educated by the school district in which the
student is living, unless an alternative plan or facility for the education of the
student is agreed upon by the Secretary. In the case of dispute as to where a State-placed
student is living, the Secretary shall conduct a hearing to determine which school
district is responsible for educating the student. The Secretary’s decision shall
be final.
(4) A student who is in temporary legal custody pursuant to 33 V.S.A. § 5308(b)(3) or (4) and is a State-placed student pursuant to subdivision 11(a)(28)(D)(i)(II) of this title shall be enrolled, at the temporary legal custodian’s discretion, in the district
in which the student’s parents reside, the district in which either parent resides
if the parents live in different districts, the district in which the student’s legal
guardian resides, or the district in which the temporary legal custodian resides.
If the student enrolls in the district in which the temporary legal custodian resides,
the district shall provide transportation in the same manner and to the same extent
it is provided to other students in the district. In all other cases, the temporary
legal custodian is responsible for the student’s transportation to and from school,
unless the receiving district chooses to provide transportation.
(5) If a student who had been a State-placed student pursuant to subdivision 11(a)(28) of this title is returned to live in the district in which one or more of the student’s parents
or legal guardians reside, then, at the request of the student’s parent or legal guardian,
the Secretary may order the student to continue his or her enrollment for the remainder
of the academic year in the district in which the student resided prior to returning
to the parent’s or guardian’s district, and the student will continue to be funded
as a State-placed student. Unless the receiving district chooses to provide transportation:
(A) If the student remains in the legal custody of the Commissioner for Children and Families,
then the Department for Children and Families shall assume responsibility for the
student’s transportation to and from school.
(B) In all other instances under this subdivision (4), the parent or legal guardian is
responsible for the student’s transportation.
(d) [Repealed.]
(e) For the purposes of this title, the legal residence or residence of a child of homeless
parents is the child’s school of origin, as defined in subdivision (c)(1) of this
section, unless the parents and another school district agree that the child’s attendance
in school in that school district will be in the best interests of the child. A “child
of homeless parents” means a child whose parents:
(1) lack a fixed, regular, and adequate residence; or
(2) have a primary nighttime residence in a supervised publicly or privately operated
shelter for temporary accommodations such as public assistance hotels, emergency shelters,
battered women’s shelters, and transitional housing facilities, or a public or private
place not designated for, or ordinarily used as, a regular sleeping accommodation
for human beings.
(f) For the purposes of this title, the legal residence of an alien, immigrant, or refugee
child shall be determined in the same manner as in subsection (e) of this section,
unless the child’s parents have established a residence in the State.
(g) [Repealed.]
(h) For the purposes of this title, the legal residence or residence of an independent
student is where the independent student resides. “Independent student” as used in
this subsection means a child between the ages of 14 and 18 years who by the acts
and expressions of the child and his or her parents or legal guardian has demonstrated
that he or she is living separate and apart from his or her parents or legal guardian,
is independent of the authority of his or her parents or legal guardian, and is not
economically dependent upon his or her parents or legal guardian. For the purposes
of this subsection, the term “independent student” shall also include “emancipated
minor” as that term is defined in 12 V.S.A. § 7151(a).
(i) The Commissioner for Children and Families shall continue to provide social services
and financial support in accordance with section 2950 of this title on behalf of individuals under his or her care and custody while in a residential
placement, until they reach their 19th birthday.
(j) A claim or statement of fact bearing on residency shall be subject to 13 V.S.A. § 3016.
(k) [Repealed.] (Amended 1967, No. 147, § 25; 1973, No. 152 (Adj. Sess.), § 8, eff. April 14, 1974; 1975, No. 48, § 10, eff. April 15, 1975; 1977, No. 194 (Adj. Sess.), § 1; 1979, No. 6, § 1, eff. March 2, 1979; 1981, No. 153 (Adj. Sess.), § 2; 1985, No. 51; 1989, No. 187 (Adj. Sess.), § 5; 1989, No. 233 (Adj. Sess.), § 1; 1991, No. 21, §§ 2, 3; 1995, No. 145 (Adj. Sess.), § 3; 1995, No. 157 (Adj. Sess.), §§ 5, 30(a)(2), 30(c), and § 29 (eff. July 1, 1997); 1995, No. 174 (Adj. Sess.), § 3; 2003, No. 36, § 8; 2009, No. 44, § 15, eff. May 21, 2009; 2011, No. 58, § 10, eff. May 31, 2011; 2013, No. 92 (Adj. Sess.), § 117, eff. Feb. 14, 2014; 2017, No. 49, § 28; 2019, No. 131 (Adj. Sess.), § 73.)
§ 1076. Penalties
(a) A superintendent or truant officer who fails to perform the duties imposed on him
or her by this chapter shall be fined not more than $100.00.
(b) A teacher who violates a provision of this chapter shall be fined not more than $25.00
nor less than $5.00. (Amended 1967, No. 147, § 26, eff. Oct. 1, 1968; 2013, No. 92 (Adj. Sess.), § 118, eff. Feb. 14, 2014.)
§§ 1077-1092. [Reserved for future use.]
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Subchapter 003: COMPULSORY ATTENDANCE
§ 1121. Attendance by children of school age required
A person having the control of a child between the ages of six and 16 years shall
cause the child to attend a public school, an approved or recognized independent school,
an approved education program, or a home study program for the full number of days
for which that school is held, unless the child:
(1) is mentally or physically unable so to attend; or
(2) has completed the tenth grade; or
(3) is excused by the superintendent or a majority of the school directors as provided
in this chapter; or
(4) is enrolled in and attending a postsecondary school, as defined in subdivision 176(b)(1) of this title, which is approved or accredited in Vermont or another state. (Amended 1965, No. 46, § 1, eff. May 5, 1965; 1967, No. 55; 1981, No. 151 (Adj. Sess.), § 2; 1987, No. 97, § 2, eff. June 23, 1987; 1989, No. 44, § 5, eff. June 1, 1990; 1999, No. 113 (Adj. Sess.), § 3; 2009, No. 44, § 35, eff. May 21, 2009.)
§ 1122. Students over 16
A person having the control of a child over 16 years of age who allows the child to
become enrolled in a public school shall cause the child to attend the school continually
for the full number of the school days of the term in which he or she is enrolled,
unless the child is mentally or physically unable to continue or is excused in writing
by the superintendent or a majority of the school directors. In case of such enrollment,
the person and the teacher, child, superintendent, and school directors shall be under
the laws and subject to the penalties relating to the attendance of children between
the ages of six and 16 years. (Amended 1965, No. 46, § 2, eff. May 5, 1965; 2011, No. 58, § 2, eff. May 31, 2011.)
§ 1123. Attendance may be excused
(a) The superintendent of a public school may excuse, in writing, any student from attending
the school for a definite time, but for not more than ten consecutive school days
and only for emergencies or for absence from town.
(b) The superintendent of an elementary school held for more than 175 school days in a
school year may excuse, in writing, a student of the school from attending more than
175 days.
(c) [Repealed.] (Amended 2013, No. 56, § 9, eff. May 30, 2013.)
§ 1124. Repealed. 2013, No. 56, § 15(1), eff. May 30, 2013.
§ 1125. Truant officers
(a) A school board shall annually appoint one or more truant officers and record their
appointments with the clerk of the school district on or before July 3. State police,
sheriffs, deputy sheriffs, constables, and police officers shall be truant officers
ex officio.
(b) Truant officers shall receive remuneration for time actually spent in performance
of their duties and shall be allowed their necessary expenses incurred in connection
therewith. (Added 1969, No. 298 (Adj. Sess.), § 73.)
§ 1125a. Repealed. 2013, No. 56, § 15(2), eff. May 30, 2013.
§ 1126. Failure to attend; notice
When a student between the ages of six and 16 years, who is not excused or exempted
from school attendance, fails to enter school at the beginning of the academic year
or, being enrolled, fails to attend the school, and when a student who is at least
16 years of age becomes enrolled in a public school and fails to attend, the teacher
or principal shall notify the truant officer and either the superintendent or the
school board, unless the teacher or principal is satisfied that the student is absent
on account of illness. (Amended 1965, No. 46, § 3, eff. May 5, 1965; 1975, No. 48, § 11, eff. April 15, 1975; 1999, No. 113 (Adj. Sess.), § 4; 2013, No. 92 (Adj. Sess.), § 121, eff. Feb. 14, 2014.)
§ 1127. Notice and complaint by truant officer; penalty
(a) The truant officer, upon receiving the notice provided in section 1126 of this title, shall inquire into the cause of the nonattendance of the child. If he or she finds
that the child is absent without cause, the truant officer shall give written notice
to the person having the control of the child that the child is absent from school
without cause and shall also notify that person to cause the child to attend school
regularly thereafter.
(b) When, after receiving notice, a person fails, without legal excuse, to cause a child
to attend school as required by this chapter, he or she shall be fined not more than
$1,000.00 pursuant to subsection (c) of this section.
(c) The truant officer shall enter a complaint to the State’s Attorney of the county and
shall provide a statement of the evidence upon which the complaint is based. The State’s
Attorney shall prosecute the person. In the prosecution, the complaint, information,
or indictment shall be deemed sufficient if it states that the respondent (naming
the respondent) having the control of a child of school age (naming the child) neglects
to send that child to a public school or an approved or recognized independent school
or a home study program as required by law. (Amended 1981, No. 151 (Adj. Sess.), § 3; 1987, No. 97, § 6, eff. June 23, 1987; 1991, No. 24, § 11; 2013, No. 92 (Adj. Sess.), § 122, eff. Feb. 14, 2014; 2017, No. 93 (Adj. Sess.), § 15.)
§ 1128. Legal pupil taken to school; nonresident child living in district
(a) A superintendent may and the truant officer shall stop a child between the ages of
six and 16 years or a child 16 years of age or over and enrolled in public school,
wherever found during school hours, and shall, unless such child is excused or exempted
from school attendance, take the child to the school that she or he should attend.
(b) A child of legal school age who is not exempt from school attendance and who has not
finished the elementary school course and is living in a district other than the place
of legal residence shall, with the school board’s approval, be admitted immediately
to a school in the district where he or she is found. If the child is not admitted
to school, then immediate action shall be taken by the truant officer to cause the
return of the child to the district of his or her residence. (Amended 1965, No. 46, § 4, eff. May 5, 1965; 1999, No. 113 (Adj. Sess.), § 5.)
§ 1129. Jurisdiction of nonresidents
The superintendent of a school in which a nonresident pupil is enrolled and a truant
officer having jurisdiction of the pupils in such school shall have the same authority
and jurisdiction over such nonresident pupil and the person having the control of
such pupil as they have over resident pupils and the persons having control of such
pupils.
§ 1130. Repealed. 1969, No. 298 (Adj. Sess.), § 79.
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Subchapter 004: EFFECTIVE DISCIPLINE MEASURES
§ 1161. Repealed. 1983, No. 145 (Adj. Sess.), § 3.
§ 1161a. Discipline
(a) Each public and each approved independent school shall adopt and implement a comprehensive
plan for responding to student misbehavior. To the extent appropriate, the plan shall
promote the positive development of youths. The plan shall include:
(1) The school’s approach to classroom management and response to disruptive behavior,
including the use of alternative educational settings.
(2) The manner in which the school will provide information and training to students in
methods of conflict resolution, peer mediation, and anger management.
(3) Procedures for informing parents of the school’s discipline policies, for notifying
parents of student misconduct, and for working with parents to improve student behavior.
(4) The school’s response to significant disruptions, such as threats or use of bombs
or weapons.
(5) A description of how the school will ensure that all staff and contractors who routinely
have unsupervised contact with students periodically receive training on the maintenance
of a safe, orderly, civil, and positive learning environment. The training shall be
appropriate to the role of the staff member being trained and shall teach classroom
and behavior management, enforcement of the school’s discipline policies, and positive
youth development models.
(6) A description of behaviors on and off school grounds that constitute misconduct, including
harassment, bullying, and hazing, particularly those behaviors that may be grounds
for expulsion. The plan shall include a description of misconduct as listed in subdivisions
11(a)(26)(A)-(C) and (32) of this title that, although serious, does not rise to the
level of harassment or bullying as those terms are defined in these subdivisions.
(7) Standard due process procedures for suspension and expulsion of a student.
(b) For the purpose of this chapter, “corporal punishment” means the intentional infliction
of physical pain upon the body of a pupil as a disciplinary measure.
(c) No person employed by or agent of a public or approved independent school shall inflict
or cause to be inflicted corporal punishment upon a student attending the school or
the institution. However, this section does not prohibit a person from using reasonable
and necessary force:
(1) to quell a disturbance;
(2) to obtain possession of weapons or other dangerous objects upon the person of or within
the control of a student;
(3) for the purpose of self defense; or
(4) for the protection of persons or property. (Added 1983, No. 145 (Adj. Sess.), § 1; amended 1995, No. 35, § 3; 1999, No. 113 (Adj. Sess.), § 6; 2003, No. 91 (Adj. Sess.), § 5; 2003, No. 117 (Adj. Sess.), § 2; 2013, No. 92 (Adj. Sess.), § 123, eff. Feb. 14, 2014; 2019, No. 131 (Adj. Sess.), § 74.)
§ 1162. Suspension or expulsion of students
(a) A superintendent or principal may, pursuant to policies adopted by the school board
that are consistent with State Board rules, suspend a student for up to 10 school
days or, with the approval of the board of the school district, expel a student for
up to the remainder of the school year or up to 90 school days, whichever is longer,
for misconduct:
(1) on school property, on a school bus, or at a school-sponsored activity when the misconduct
makes the continued presence of the student harmful to the welfare of the school;
(2) not on school property, on a school bus, or at a school-sponsored activity where direct
harm to the welfare of the school can be demonstrated; or
(3) not on school property, on a school bus, or at a school-sponsored activity where the
misconduct can be shown to pose a clear and substantial interference with another
student’s equal access to educational programs.
(b) Nothing contained in this section shall prevent a superintendent or principal, subject
to subsequent due process procedures, from removing immediately from a school a student
who poses a continuing danger to persons or property or an ongoing threat of disrupting
the academic process of the school, or from expelling a student who brings a weapon
to school pursuant to section 1166 of this title.
(c) Principals, superintendents, and school boards are authorized and encouraged to provide
alternative education services or programs to students during any period of suspension
or expulsion authorized under this section.
(d) Notwithstanding anything to the contrary in this chapter, a student enrolled in a
public school, approved independent school, or prequalified private prekindergarten
program who is under eight years of age shall not be suspended or expelled from the
school; provided, however, that the school may suspend or expel the student if the
student poses an imminent threat of harm or danger to others in the school. (Amended 1977, No. 33, § 3; 1977, No. 130 (Adj. Sess.); 1995, No. 35, § 4; 1999, No. 113 (Adj. Sess.), § 7; 2001, No. 8, § 19; 2011, No. 58, § 37, eff. May 31, 2011; 2021, No. 35, § 6, eff. May 18, 2021; 2021, No. 166 (Adj. Sess.), § 3, eff. June 1, 2022.)
§ 1163. Transfer of suspension or expulsion to other schools
(a) If a student transfers from one Vermont public or independent school to another, then
upon application by the student and after a review of whether the school can provide
the student with appropriate services, the new school may choose to continue a suspension
or expulsion imposed by the original school.
(b) During a period of suspension or expulsion imposed under section 1162 of this title, a student, or parent or guardian, shall not be subject to the provisions of subchapter
3 of this chapter regarding compulsory attendance at school, unless the conditions
of the suspension or expulsion include participation in a program in the school or
an alternative program outside the school. Further, nothing in this section shall
prohibit a suspended or expelled student from applying to a different Vermont public
or independent school during the period of suspension or expulsion and attending if
accepted.
(c) A school district that provides for the education of a suspended or expelled student
by paying tuition to a public or approved independent school may, at the discretion
of the school board, provide for the education of the student during the period of
suspension or expulsion by paying tuition to another public or approved independent
school. (Added 1999, No. 113 (Adj. Sess.), § 8; amended 2013, No. 92 (Adj. Sess.), § 124, eff. Feb. 14, 2014.)
§ 1164. Repealed. 1977, No. 33, § 6.
§ 1165. Alcohol and drug abuse
(a) The State Board, in consultation with local school boards, the alcohol and drug division,
the law enforcement authorities, and the juvenile court system shall formulate a general
policy for the education, discipline, and referral for rehabilitation of students
who are involved with alcohol or drug abuse on school property or at school functions.
(b) The State Board shall adopt rules for all school districts that include standards
consistent with due process of law for discipline, suspension, or dismissal of students
and recommended procedures for education and for referral for treatment and rehabilitation.
(c) Each school district shall adopt its own policy consistent with the State Board’s
rules setting forth recommended procedures for education; referral for treatment,
counseling, and rehabilitation; and standards consistent with due process of law for
discipline, suspension, or dismissal of students in accordance with section 1162 of this title. Nothing in this section is intended to mandate local school districts to employ
counselors for treatment or rehabilitation.
(d) [Repealed.]
(e) No municipality, school district, or officer or employee of the school district shall
be liable for civil damages in connection with the implementation of the purposes
of this section so long as they have acted in good faith and not knowingly in violation
of the constitutional or civil rights of any person.
(f), (g) [Repealed.] (Added 1979, No. 62, § 1, eff. April 27, 1979; amended 1983, No. 51, § 4, eff. April 22, 1983; 2003, No. 107 (Adj. Sess.), § 21; 2007, No. 154 (Adj. Sess.), § 6; 2013, No. 92 (Adj. Sess.), § 125, eff. Feb. 14, 2014.)
§ 1166. Possession of a firearm at school
(a) In this section, the terms “to school” and “firearm” shall have the same meaning that
the terms have in 18 U.S.C. § 921. The school board may expand the definitions, however, provided they remain consistent
with federal law.
(b) Each school board shall adopt and implement policies regarding a student who brings
a firearm to or possesses a firearm at school, which at a minimum shall include:
(1) A provision that any student who brings a firearm to or possesses a firearm at school
shall be referred to a law enforcement agency. In addition to any other action the
law enforcement agency may take, it may report the incident to the Department for
Children and Families.
(2) A provision that the superintendent or principal, with the approval of the school
board following opportunity for a hearing, shall expel from the school for not less
than one calendar year any student who brings a firearm to or possesses a firearm
at school; provided, however, the school board may modify the expulsion on a case-by-case
basis. Modifications may be granted in circumstances such as:
(A) The student is unaware that he or she has brought a firearm to or possessed a firearm
at school.
(B) The student did not intend to use the firearm to threaten or endanger others.
(C) The student has a disability and the misconduct is related to the student’s disability.
(D) The student does not present an ongoing threat to others and a lengthy expulsion would
not serve the best interests of the student.
(c) Annually at a time and on a form determined by the Secretary, each superintendent
shall provide the Secretary with a description of the circumstances surrounding expulsions
imposed under this section, the number of students expelled, and the type of firearm
involved. (Added 1995, No. 35, § 5; amended 2003, No. 36, § 9; 2011, No. 58, § 11, eff. May 31, 2011; 2013, No. 92 (Adj. Sess.), § 126, eff. Feb. 14, 2014; 2013, No. 96 (Adj. Sess.), § 77.)
§ 1167. School resource officer; memorandum of understanding
(a) Neither the State Board nor the Agency shall regulate the use of restraint and seclusion
on school property by a school resource officer certified pursuant to 20 V.S.A. § 2358.
(b) School boards and law enforcement agencies are encouraged to enter into memoranda
of understanding relating to:
(1) the possession and use of weapons and devices by a school resource officer on school
property; and
(2) the nature and scope of assistance that a school resource officer will provide to
the school system. (Added 2011, No. 101 (Adj. Sess.), § 1, eff. May 4, 2012; amended 2013, No. 92 (Adj. Sess.), § 127, eff. Feb. 14, 2014.)