The Vermont Statutes Online

Title 16: Education

Chapter 027: TRANSPORTATION AND BOARD

• Subchapter 001: GENERAL PROVISIONS

• § 1221. Repealed. 2011, No. 58, § 3.

• § 1222. Students who may be furnished transportation

  (a) Each legal pupil, as defined in section 1073 of this title, who is entitled or required to attend an elementary school or a secondary school may be furnished with total or partial transportation to school, or board, as in the opinion of the school board is reasonable and necessary to enable the student to attend school. Each school board shall adopt a transportation policy for students required to attend school in accordance with the procedure specified in subdivision 563(1) of this title. The policy shall consider the transportation needs of students, including such factors as the age and health of a student, distance to be travelled, and condition and type of highway. The policy and any subsequent amendments shall be filed in the principal’s office in each school in the district. Compensation may be paid to parents or guardians and shall be payable only in return for actual transportation or board as shall be stipulated by the school board.

  (b) The provisions of 23 V.S.A. § 376 relative to the use of motor vehicles for a municipal purpose shall apply to this section.

  (c) Expenditures by a school district for transportation or board under this chapter shall be included in computing current school expenses under chapter 123 of this title. (Amended 1965, No. 102, § 1, eff. June 17, 1965; 1969, No. 298 (Adj. Sess.), § 8; 1971, No. 12; 2001, No. 61, § 75, eff. June 16, 2001; 2013, No. 92 (Adj. Sess.), § 128, eff. Feb. 14, 2014.)

• § 1223. Repealed. 1965, No. 102, § 2, eff. June 17, 1965.

• § 1224. Reports

  The superintendent shall include in his or her annual report to the school board of each district data regarding the students in the district who have been transported or boarded under the provisions of this chapter and the associated expenses. Annually, at a time fixed by the State Board, the superintendent shall report to the Board regarding the students transported or boarded under the provisions of this chapter and the associated expenses. (Amended 2013, No. 92 (Adj. Sess.), § 128, eff. Feb. 14, 2014.)

• Subchapter 002: SCHOOL FOOD PROGRAMS

• § 1261. Repealed. 1969, No. 21, § 4.

• § 1261a. Definitions

  As used in this subchapter:

  (1) “Food programs” means provision of food to persons under programs meeting standards for assistance under the National School Lunch Act, 42 U.S.C. § 1751 et seq. and the Child Nutrition Act, 42 U.S.C. § 1771 et seq., each as amended.

  (2) “School board” means the governing body of a school district responsible for the administration of a public school.

  (3) “Independent school board” means a governing body responsible for the administration of a nonprofit independent school exempt from U.S. income taxes.

  (4) “Approved independent school” means an independent school physically located in Vermont and approved by the State Board of Education under section 166 of this title.

  (5) “Universal meals supplement” means the reimbursement amount paid by the State for the cost of a paid breakfast or lunch under the federal school breakfast and federal school lunch programs.

  (A) For breakfast, the universal meals supplement is a sum equal to the federal reimbursement rate for a free school breakfast less the federal reimbursement rate for a paid school breakfast, using rates identified annually by the Agency of Education from payment levels established annually by the U.S. Department of Agriculture.

  (B) For lunch, the universal meals supplement is a sum equal to the federal reimbursement rate for a free school lunch less the federal reimbursement rate for a paid school lunch, using rates identified annually by the Agency of Education from payment levels established annually by the U.S. Department of Agriculture. (Added 1969, No. 21, § 1; amended 1991, No. 24, § 11; 2011, No. 58, § 22, eff. May 31, 2011; 2019, No. 131 (Adj. Sess.), § 75; 2021, No. 20, § 60; 2023, No. 64, § 2, eff. July 1, 2023.)

• § 1262. Repealed. 1969, No. 21, § 4.

• § 1262a. Award of grants

  (a)(1) The Agency may, from funds appropriated for this subsection to the Agency, award grants to:

  (A) supervisory unions for the use of member school boards that establish and operate food programs;

  (B) independent school boards that establish and operate food programs; and

  (C) approved education programs, as defined in subdivision 11(a)(34) of this title and operating under private nonprofit ownership as defined in the National School Lunch Act, that establish and operate food programs for students engaged in a teen parent education program or students enrolled in a Vermont public school.

  (2) The amount of any grant awarded under this subsection shall not be more than the amount necessary, in addition to any reimbursement from federal funds, to pay the actual cost of the meal.

  (b) The Agency may, from funds available to the Agency for this subsection, award grants to supervisory unions consisting of one or more school districts that need to initiate or expand food programs in order to meet the requirements of section 1264 of this title and that seek assistance in meeting the cost of initiation or expansion. The amount of the grants shall be limited to 75 percent of the cost deemed necessary by the Secretary to construct, renovate, or acquire additional facilities and equipment to provide lunches to all students, and shall be reduced by the amount of funds available from federal or other sources, including those funds available under section 3448 of this title. The Agency shall direct supervisory unions seeking grants under this section to share facilities and equipment within the supervisory union and with other supervisory unions for the provision of lunches wherever more efficient and effective operation of food programs can be expected to result.

  (c) On a quarterly basis, from State funds appropriated to the Agency for this subsection, the Agency shall award to each supervisory union, independent school board, and approved education program as described in subsection (a) of this section a sum equal to the amount that would have been the student share of the cost of all breakfasts and lunches actually provided in the district during the previous quarter to students eligible for a reduced-price breakfast under the federal school breakfast program and students eligible for a reduced-price lunch under the federal school lunch program.

  (d) The Agency shall, from funds appropriated for this subsection to the Agency, award grants to supervisory unions and supervisory districts in accordance with section 1264a of this title (locally produced foods). If the amount appropriated for this purpose is insufficient to fully fund the grants under that section, then the grant amounts that are awarded shall be prorated.

  (e) Universal meals supplements shall be awarded in accordance with section 4017 of this title. (Added 1969, No. 21, § 2; amended 1973, No. 252 (Adj. Sess.), § 1; 2007, No. 192 (Adj. Sess.), § 6.027; 2011, No. 58, § 22, eff. May 31, 2011; 2013, No. 50, § E.501.1; 2021, No. 67, § 5, eff. June 8, 2021; 2023, No. 64, § 2, eff. July 1, 2023.)

• § 1262b. Rules

  The State Board shall adopt rules governing grants under section 1262a of this title. The rules shall provide for grants from State funds in accordance with federal guidelines for food programs. The State Board may adopt other rules that are necessary to carry out the provisions of this subchapter. (Added 1969, No. 21, § 3; amended 1971, No. 29; 1973, No. 252 (Adj. Sess.), § 2; 2011, No. 58, § 22, eff. May 31, 2011; 2013, No. 92 (Adj. Sess.), § 131, eff. Feb. 14, 2014.)

• § 1263. Repealed. 1969, No. 298 (Adj. Sess.), § 79.

• § 1264. Food program

  (a)(1)(A) Each school board operating a public school shall cause to operate within each school in the school district a food program that makes available a school lunch, as provided in the National School Lunch Act, as amended, and a school breakfast, as provided in the Child Nutrition Act, as amended, to each attending student who qualifies for those meals under these acts every school day.

  (B) In addition, each school board operating a public school shall cause to operate within each school in the school district the same school breakfast and school lunch program made available to students who qualify for those meals under the Child Nutrition Act and the National School Lunch Act, each as amended, for each attending student every school day at no charge. An approved independent school operating a school lunch and school breakfast program made available to students who qualify for those meals under the Child Nutrition Act and the National School Lunch Act, each as amended, shall offer the same to each attending student every school day at no charge in order to qualify for the universal meals supplement.

  (C) In operating its school breakfast and lunch program, a school district and an approved independent school shall seek to achieve the highest level of student participation, which may include any or all of the following:

  (i) providing breakfast meals that can be picked up by students;

  (ii) making breakfast available to students in classrooms after the start of the school day; and

  (iii) for school districts, collaborating with the school’s wellness community advisory council, as established under subsection 136(e) of this title, in planning school meals.

  (D) A school district and an approved independent school shall count time spent by students consuming school meals during class as instructional time.

  (2) Each school board operating a public school shall offer a summer snack or meals program funded by the Summer Food Service program or the National School Lunch Program for participants in a summer educational or recreational program or camp if:

  (A) at least 50 percent of the students in a school in the district were eligible for free or reduced-price meals under subdivision (1) of this subsection for at least one month in the preceding academic year;

  (B) the district operates or funds the summer educational or recreational program or camp; and

  (C) the summer educational or recreational program or camp is offered 15 or more hours per week.

  (b) In the event of an emergency, the school board may apply to the Secretary for a temporary waiver of the requirements in subsection (a) of this section. The Secretary shall grant the requested waiver if he or she finds that it is unduly difficult for the school district to provide a school lunch, breakfast, or summer meals program, or any combination of the three, and if he or she finds that the school district and supervisory union have exercised due diligence to avoid the emergency situation that gives rise to the need for the requested waiver. In no event shall the waiver extend for a period to exceed 20 school days or, in the case of a summer meals program, the remainder of the summer vacation.

  (c) The State shall be responsible for the student share of the cost of breakfasts provided to all students eligible for a reduced-price breakfast under the federal school breakfast program and for the student share of the cost of lunches provided to all students eligible for a reduced-price lunch under the federal school lunch program.

  (d), (e) [Repealed.] (Added 1973, No. 252 (Adj. Sess.), § 3; amended 2003, No. 22, § 1; 2007, No. 192 (Adj. Sess.), § 6.028; 2009, No. 87 (Adj. Sess.), § 4, eff. April 28, 2010; 2011, No. 58, § 22, eff. May 31, 2011; 2013, No. 50, § E.501.2; 2013, No. 92 (Adj. Sess.), § 132, Feb. 14, 2014; 2019, No. 34, § 4; 2021, No. 67, § 6, eff. June 8, 2021; 2023, No. 64, § 2, eff. July 1, 2023.)

• § 1264a. Locally produced foods

  (a) It is a goal of the State that by the year 2023, at least 20 percent of all foods purchased by eligible entities, as defined by subsection (e) of this section, be locally produced foods. Eligible entities have the discretion to define what foods are included within the definition of “locally produced foods” for the purposes of this subsection and subsection (b) of this section.

  (b) On or before December 31, 2021 and annually thereafter, an eligible entity operating a school lunch, breakfast, or summer meals program shall report to the Agency of Education an estimate of the percentage of the cost of all foods purchased by the eligible entity for those programs that were locally produced foods during the one-year period ending on June 30 of that year.

  (c)(1) Beginning with the 2021–22 school year and thereafter, eligible entities shall be eligible for a local foods incentive grant (grant) from funds appropriated to the Agency of Education for this purpose.

  (2) A eligible entity may apply for the grant if it has:

  (A) developed a locally produced foods purchasing plan that describes the eligible entity’s goals for purchasing locally produced foods and its plan to achieve those goals;

  (B) designated an individual as the food coordinator for locally produced foods, who shall be responsible for implementing the locally produced foods purchasing plan;

  (C) developed a process for tracking the purchase of locally produced foods; and

  (D) complied with the reporting requirement under subsection (b) of this section.

  (3) An eligible entity that has satisfied the conditions under subdivision (2) of this subsection may, on or before January 15, 2022 or on or before January 15 of any year thereafter, apply to the Agency for the grant by submitting a certification, signed by the business manager for the eligible entity, that the eligible entity satisfies the conditions under subdivision (2) of this subsection.

  (4) If an eligible entity is eligible for a grant under subdivision (3) of this subsection, then the Agency shall make the grant payment, subject to appropriation, on or before the following March 31 after submission of the eligible entity’s application, which is due on or before January 15 of that year, which shall be equal to $0.15 per reimbursable school lunch served by the eligible entity in the prior school year through the National School Lunch Program. An eligible entity may apply for this grant and receive this grant funding only once.

  (5)(A) An eligible entity that has received a grant under subdivision (4) of this subsection (c) may, on or before January 15, 2023 or on or before January 15 of any year thereafter, apply for a further grant by submitting to the Agency of Education information that demonstrates that at least 15 percent of the cost of all foods purchased or grown, raised, or produced by the eligible entity during the one-year period ending on June 30 of the previous year were local to Vermont as defined in 9 V.S.A. § 2465a(b), excluding:

  (i) foods purchased or grown, raised, or produced by the eligible entity that were used to provide catering services for which the eligible entity received compensation; and

  (ii) fluid milk.

  (B) If an eligible entity grows, raises, or produces food, it shall assign a fair market value to that food for the purpose of reporting its cost.

  (C) A vendor that contracts with an eligible entity to supply food products shall certify to the supervisory union which of the food products supplied meet the definition of local to Vermont, taking into account the exclusions under subdivision (A) of this subdivision (c)(5).

  (6) If an eligible entity is eligible for a grant under subdivision (5) of this subsection, the Agency shall, on or before the following April 30 after submission of the eligible entity’s application, which is due on or before January 15 of that year, make the grant payment, subject to appropriation, which shall be determined as follows:

  (A) $0.15 per reimbursable school lunch served in the prior school year through the National School Lunch Program for supervisory unions purchasing at least 15 percent locally produced foods;

  (B) $0.20 per reimbursable school lunch served in the prior school year through the National School Lunch Program for supervisory unions purchasing at least 20 percent locally produced foods; or

  (C) $0.25 per reimbursable school lunch served in the prior school year through the National School Lunch Program for supervisory unions purchasing at least 25 percent locally produced foods.

  (7) An eligible entity may apply for and receive grant funding under subdivisions (5) and (6) of this subsection for each year that it qualifies for this grant funding. For applications covering the 2020–2021 school year, meals served through the Summer Food Service Program shall also be counted for this grant payment.

  (8) The Agency of Education may perform sample audits for any year that grant funds are paid to eligible entities under subdivision (6) of this subsection to verify that information provided to the Agency under subdivision (5) of this subsection is accurate. If the Agency makes a grant payment under subdivision (6) of this subsection to an eligible entity that was based on inaccurate information reported by the eligible entity, the Agency may seek reimbursement from the eligible entity for an overpayment or reimburse the eligible entity for an underpayment or may adjust future grant amounts under this section to reflect the over- or underpayment.

  (d)(1) On or before January 31, 2022 and annually thereafter, the Agency of Education shall submit to the Senate Committees on Agriculture and on Education and the House Committees on Agriculture and Forestry and on Education in an aggregated form:

  (A) the information received from eligible entities regarding the percentage of locally produced foods, as the eligible entities define them, that were reported under subsection (b) of this section; and

  (B) the percentage of locally produced foods, using the grant funding definition, that were reported under subdivision (c)(5) of this section and the amount of grant funding paid to eligible entities under subdivision (c)(6) of this section in the prior school year.

  (2) The provisions of 2 V.S.A. § 20(d) regarding expiration of required reports shall not apply to the reports required by this subsection.

  (e) As used in this section, “eligible entity” means:

  (1) a supervisory union or supervisory district; or

  (2) an approved independent school operating a food program, as defined by subdivision 1261a(1) of this title, that also qualifies for the universal meals supplement pursuant to section 4017 of this title. (Added 2021, No. 67, § 7, eff. June 8, 2021; amended 2023, No. 64, § 4, eff. July 1, 2023.)

• § 1265. Repealed. 2023 No. 64, § 2, effective July 1, 2023.

  (Added 1973, No. 252 (Adj. Sess.), § 4; amended 2003, No. 22, § 1; 2011, No. 58, § 22, eff. May 31, 2011; 2013, No. 92 (Adj. Sess.), § 133, eff. Feb. 14, 2014; 2023, No. 64, § 2, eff. July 1, 2023.)