The Vermont Statutes Online

Title 16: Education

Chapter 053: CONTRACT, COMPENSATION, AND SICK LEAVE

• Subchapter 001: GENERAL PROVISIONS

• § 1751. Contract

  A contract between a board of school directors and a teacher shall not be valid unless the same is in writing, or partly written and partly printed, in triplicate, and signed by the teacher and by a majority of the board or by a member of the board or other person who has been duly authorized by a majority vote of the board at a regular meeting to sign the contract in question on behalf of the board. One copy thereof shall be filed with the board, one copy delivered to the teacher, and one copy delivered to the superintendent. Such contract shall specify the date when the teacher shall begin service, the time, grade, and date of expiration of the license held by the teacher, the salary of the teacher and such other matters as may be necessary for a complete understanding between the parties. (Amended 1989, No. 118, § 3.)

• § 1752. Grounds and procedures for suspension and dismissal

  (a) A teacher under contract to teach in a public school who fails, without just cause, to complete the term for which the teacher contracted to teach shall be disqualified to teach in any public school for the remainder of the school year.

  (b) The provisions of subsections (c) and (d) of this section regarding the nonrenewal, suspension, and dismissal of teachers shall not apply to a teacher employed under the terms of a collective bargaining agreement under chapter 57 of this title that provides the teacher just cause rights. The decision to nonrenew, suspend without pay, or dismiss a teacher shall be made by the school board.

  (c) A teacher under contract to teach in a public school whose contract is not to be renewed for the ensuing year shall be notified in writing, setting forth the grounds therefor, not later than April 15. If the teacher so notified desires a hearing, the teacher shall so request in writing to the clerk of the school board. The teacher shall have the right to a hearing before the school directors within 15 days, may present witnesses and written evidence, and may be represented by counsel. A hearing shall be in executive session unless the teacher making the appeal requests or agrees in writing that it be open to the public. The school board shall affirm, modify, or reverse the nonrenewal and shall issue its decision in writing within five days. In the case of a probationary teacher who has received two written performance evaluations per year of probationary service, a decision of the board shall be final. The standard for nonrenewal of a contract shall be:

  (1) In the case of a nonprobationary teacher, just and sufficient cause.

  (2) In the case of a probationary teacher, any reason other than those prohibited by law. However, the standard for nonrenewal for a probationary teacher’s contract shall be just and sufficient cause if the teacher has not received at least two written performance evaluations per year of probationary service. A probationary teacher is a person who has been employed as a teacher in Vermont public schools for less than two school years.

  (d) The following provisions shall apply to the suspension or dismissal of a teacher:

  (1) A superintendent may suspend a teacher under contract on the grounds of incompetence, conduct unbecoming a teacher, failure to attend to duties, or failure to carry out reasonable orders and directions of the superintendent and school board.

  (2) The suspension shall be in writing and shall set forth the grounds therefor. Copies shall be delivered to the teacher, to the chair, and to the clerk of the board of school directors. Thereafter, performance under the teacher’s contract shall be suspended, but the teacher shall be paid pro rata to the time of dismissal by the board.

  (3) The teacher so suspended shall have the right to appeal to the board of school directors of the district for review of the decision. Filing a written notice of appeal with the clerk of the school board within seven days after the effective date of the suspension shall initiate the appeal. The clerk of the board shall forthwith forward a copy of the notice of appeal to the superintendent and send to the teacher an acknowledgment of receipt of the appeal.

  (4) The school board to which the appeal is directed shall hear the appeal within 10 days after receipt of notification. The teacher and the superintendent shall be advised by the clerk of the board of the time and place of hearing by written notice at least three days before the date of hearing.

  (5) All parties shall be entitled to counsel at every stage of the proceedings established by this section. Hearings shall be in executive session, unless the teacher making an appeal requests or agrees in writing that they be open to the public. A teacher making an appeal may waive in writing the right to a hearing.

  (6) Upon hearing, or if no appeal is taken, the school board shall affirm or reverse the suspension or take such other action, including dismissal, as may appear just. If the suspension or the dismissal is reversed, the teacher shall not suffer any loss of pay, retirement benefits, or any other benefits to which the teacher would otherwise have been entitled.

  (7) The decision of the school board shall be in writing and filed with the clerk of the school board not later than five days after the hearing or after the time for taking an appeal has expired. The clerk shall within three days notify the superintendent and the teacher in writing of the decision.

  (e) No court action shall lie on the part of a teacher against any school district for breach of contract by reason of suspension or dismissal unless the procedures described in this section have been followed by the teacher.

  (f) Every teacher’s contract shall be deemed to contain the provisions of this section, and any provision in the contract inconsistent with this section shall be considered of no force or effect. (Amended 1963, No. 132; 1975, No. 79; 1997, No. 127 (Adj. Sess.), § 1; 2013, No. 161 (Adj. Sess.), § 72; 2019, No. 131 (Adj. Sess.), § 80; 2021, No. 111 (Adj. Sess.), § 1, eff. May 11, 2022.)

• § 1753. Time not spent in teaching counted in determining compensation

  The time not exceeding five days during any one year, actually spent by a teacher in attendance upon a meeting of the State education associations, or upon educational meetings held under the authority of the Board of Education, and the time actually spent by a teacher in visiting schools when so directed by the superintendent, shall, in determining the compensation of the teacher, be counted the same as if spent in teaching. (Amended 1977, No. 33, § 5.)

• § 1754. Repealed. 1975, No. 48, § 14, eff. April 15, 1975.

• § 1755. Sick leave

  (a) A full time teacher under contract to teach the regular school year in a public school shall be allowed a minimum of 10 days’ sick leave with full pay during each school year. Sick leave not used shall be cumulative at least to 20 days, so long as the teacher is employed in the same school district.

  (b) The word “days” shall mean school days.

  (c) The use of sick leave as provided in this section shall be subject to the rules and regulations of the directors of each school district. (Added 1957, No. 173, §§ 1-3; amended 2019, No. 131 (Adj. Sess.), § 81.)

• § 1756. Protection of teachers, employees, and board members in damage suits

  (a) A town, city, incorporated, or union school district and a supervisory union shall indemnify and save harmless to the extent of the policy limits provided in subsection (b) of this section any person employed by the school district or supervisory union and any member of its executive, supervisory, or administrative staff, including members of the school board, from financial loss and expense, including reasonable legal fees and costs, if any, arising out of any claim, demand, suit, or judgment by reason of alleged negligence or other act resulting in accidental injury to a person or accidental damage to or destruction of property, within or outside the school building, provided that the indemnified person at the time of the accident resulting in such injury, damage, or destruction was acting in the discharge of his or her duties within the scope of his or her employment or under the direction of the board of the school district or of the supervisory union.

  (b) Each board of a school district or a supervisory union shall insure against the liability imposed upon it by this section in any insurance company organized in this State or in any insurance company of another state authorized by law to write insurance in this State, or through participation in an intermunicipal insurance agreement established under 24 V.S.A. chapter 121, subchapter 6, with minimum coverage in the form of a comprehensive general liability policy including liability for the operation of owned and nonowned motor vehicles and including the employees as additional insureds and with minimum limits of not less than $500,000.00 per person and $2 million per occurrence for bodily injury and for property damage.

  (c) Each board of a school district or a supervisory union required to insure against the liability imposed upon it by this section shall furnish proof of insurance with the minimum limits prescribed by this section to the Secretary of Education, which shall be evidence of the insuring against the liability and property damage required by this section. In the event of cancellation, the board shall provide at least 30 days’ prior notice of cancellation to the Secretary. (Added 1969, No. 123; amended 1975, No. 48, § 13, eff. April 15, 1975; 1975, No. 100, § 1; 2003, No. 36, § 12; 2003, No. 107 (Adj. Sess.), § 10, eff. Jan. 1, 2005; 2005, No. 182 (Adj. Sess.), § 5; 2013, No. 92 (Adj. Sess.), § 171, eff. Feb. 14, 2014.)

• Subchapter 002: MINIMUM SALARIES

• § 1791. Repealed. 1975, No. 48, § 14, eff. April 15, 1975.

• §§ 1792, 1793. Repealed. 2003, No. 107 (Adj. Sess.), § 21(2).

• § 1794. Repealed. 1964, No. 40 (Sp. Sess.), § 8, eff. March 13, 1964.

• Subchapter 003: TRANSITION OF EMPLOYEES

• § 1801. Definitions

  As used in this subchapter:

  (1) “New District” means a district created by the realignment or merger of two or more current districts into a new supervisory district, union school district, or any other form of merged or realigned district authorized by law, including by chapter 11, subchapter 1, of this title, regardless of whether one or more of the districts creating the New District (a Realigning District) is a town school district, a city school district, an incorporated school district, a union school district, a unified union school district, or a supervisory district.

  (2) “New SU” means a supervisory union created from the merger or realignment of two or more current supervisory unions or of all or some of the districts in one or more current supervisory unions (a Realigning SU). “New SU” also means a supervisory union created by the State Board’s adjustment of the borders of one or more current supervisory unions or parts of supervisory unions pursuant to section 261 of this title or otherwise, regardless of whether the New SU is known by the name of one of the current supervisory unions or the adjustment is otherwise structured or considered to be one in which one current supervisory union (the Absorbing SU) is absorbing one or more other supervisory unions or parts of supervisory unions into the Absorbing SU.

  (3) “Employees of a Realigning Entity” means the licensed and nonlicensed employees of a Realigning District or Realigning SU, or both, that create the New District or New SU, and includes employees of an Absorbing SU and employees of a Realigning SU whose functions will be performed by employees of a New District that is a supervisory district.

  (4) “System” shall mean the Vermont Municipal Employees’ Retirement System created pursuant to 24 V.S.A. chapter 125.

  (5) “Transitional Board” means the board created prior to the first day of a New District’s or a New SU’s existence in order to transition to the new structure by negotiating and entering into contracts, preparing an initial proposed budget, adopting policies, and otherwise planning for implementation of the New District or New SU, and includes the board of an Absorbing District to which members from the other Realigning SU or SUs have been added in order to perform transitional responsibilities. (Added 2015, No. 46, § 43, eff. June 2, 2015.)

• § 1802. Transition of employees to newly created employer

  (a) Prior to the first day of a New District’s or a new SU’s existence, upon creation of the Transitional Board, the Board shall:

  (1) appoint a negotiations council for the New District or New SU for the purpose of negotiating with future employees’ representatives; and

  (2) recognize the representatives of the Employees of the Realigning Districts or Realigning SUs as the recognized representatives of the employees of the New District or New SU.

  (b) Negotiations shall commence within 90 days after formation of the Transitional Board and shall be conducted pursuant to the provisions of chapter 57 of this title for teachers and administrators and pursuant to 21 V.S.A. chapter 22 for other employees.

  (c) An Employee of a Realigning District or Realigning SU who was not a probationary employee shall not be considered a probationary employee of the New District or New SU.

  (d) If a new agreement is not ratified by both parties prior to the first day of the New District’s or New SU’s existence, then:

  (1) the parties shall comply with the existing agreements in place for Employees of the Realigning Districts or the Realigning SUs until a new agreement is reached;

  (2) the parties shall adhere to the provisions of an agreement among the Employees of the Realigning Districts or the Realigning SUs, as represented by their respective recognized representatives, regarding how provisions under the existing contracts regarding issues of seniority, reduction in force, layoff, and recall will be reconciled during the period prior to ratification of a new agreement; and

  (3) a new employee beginning employment after the first day of the New District’s or New SU’s existence shall be covered by the agreement in effect that applies to the largest bargaining unit for Employees of the Realigning Districts in the New District or for Employees of the Realigning SU in the New SU.

  (e) On the first day of its existence, the New District or New SU shall assume the obligations of existing individual employment contracts, including accrued leaves and associated benefits, with the Employees of the Realigning Districts. (Added 2015, No. 46, § 43, eff. June 2, 2015.)

• § 1803. Vermont Municipal Employees’ Retirement System

  (a) A New District or New SU, on the first day of its existence, shall assume the responsibilities of any one or more of the Realigning Districts or Realigning SUs that have been participants in the System; provided, however, that this subsection shall not be construed to extend benefits to an employee who would not otherwise be a member of the System under any other provision of law.

  (b) The existing membership and benefits of an Employee of a Realigning District or a Realigning SU shall not be impaired or reduced either by negotiations with the New District or New SU under 21 V.S.A. chapter 22 or otherwise.

  (c) In addition to general responsibility for the operation of the System pursuant to 24 V.S.A. § 5062(a), the responsibility for implementation of all sections of this subchapter relating to the System is vested in the Retirement Board. (Added 2015, No. 46, § 43, eff. June 2, 2015.)

• § 1804. Employment transition; new school district created upon withdrawal from a union school district

  (a) Definitions. The definitions in section 1801 of this subchapter shall not apply to this section. As used in this section:

  (1) “Expanded district” means a school district:

  (A) that was responsible for the education of students residing in a single town for some, but not all, grades, whether by operating all grades, tuitioning all grades, or operating some grades and paying tuition for others; and

  (B) that, as the result of its withdrawal from a union elementary or union high school district pursuant to section 725 of this title, is solely responsible for the education of its resident students in all grades prekindergarten through grade 12, whether by operating all grades, tuitioning all grades, or operating some grades and paying tuition for others.

  (2) “New district” means:

  (A) a school district created by withdrawal from a unified union school district pursuant to section 724 of this title that is responsible for the prekindergarten through grade 12 education of students residing in a single town, whether by operating all grades, tuitioning all grades, or operating some grades and paying tuition for others;

  (B) a school district responsible for the prekindergarten through grade 12 education of students residing in a single town, whether by operating all grades, tuitioning all grades, or operating some grades and paying tuition for others, that was formed when another town’s withdrawal from a unified union school district resulted in dissolution of the union district;

  (C) an expanded district that did not operate any schools immediately prior to withdrawal and, after withdrawal, operates a school in one or more of the grades previously operated by the union district; or

  (D) a school district created by withdrawal from a union elementary or union high school district pursuant to section 725 of this title if prior to withdrawal the withdrawing member was a member of both a union elementary school district and a union high school district, was not independently organized as a district responsible for the education of students in any grade, and did not have a town school district board.

  (3) “Operational date” means the date on which a new district or an expanded district assumes full and sole responsibility for the education of its resident students in the grades for which the union district was previously responsible. “Initial operational year” and “second operational year” mean the year commencing on the operational date and the year immediately following the initial operational year, respectively.

  (4) “Transitional period” means the period of time beginning on the day on which the State Board declares the creation and existence of the new district or the expanded district pursuant to subdivision 724(h)(2) or 725(h)(2) of this title and continuing until the new district’s or newly expanded district’s operational date.

  (b) Negotiations council and recognized representatives of a new district. At its first meeting during the transitional period, the board of a new district shall:

  (1) appoint a school board negotiations council for the new district for the purpose of negotiating with the representatives of future licensed and nonlicensed employees of the new district; and

  (2) recognize the representative of the employees of the union school district as the recognized representative of the employees of the new district.

  (c) Employment agreements for the initial and second operational years of a new district.

  (1) After the new district’s organizational meeting, the new district’s school board negotiations council and the representative of the employees of the new district shall commence negotiations relating to the employment of licensed and nonlicensed employees in the initial operational year. Negotiations shall be conducted pursuant to the provisions of chapter 57 of this title for teachers and administrators and 21 V.S.A. chapter 22 for other employees. The negotiations council or councils representing employees of the union school district shall represent the employees of the new district unless and until the exclusive representative for employees of the new district designates new representatives to a negotiations council.

  (2) If the parties do not ratify a new agreement at least 90 days prior to the new district’s operational date, then the new district and its employees shall be governed by the terms of the collectively bargained agreement in place for the union district for the year preceding the initial operational year unless and until the parties agree otherwise.

  (d) Non-probationary employees; changes to seniority and other provisions. For each new district and its employees, whether governed by an agreement in the initial operational year pursuant to subdivision (c)(1) or (c)(2) of this section:

  (1) an employee of the union district in the year preceding the initial operational year who was not a probationary employee of the union district at the conclusion of that year shall not be considered a probationary employee if employed by the new district in the initial operational year; and

  (2) prior to the operational date, the board of the union district, the board of the new district, and the representative of the employees of the union district may negotiate a temporary memorandum of understanding to adjust provisions in the union district contract regarding seniority, reductions in force, layoff, and recall in order to assist the workforce needs of both the union district and the new district and the best interests of the licensed and nonlicensed employees they employ.

  (e) Individual employment contracts not covered by a collective bargaining agreement. On its operational date, the new district shall assume the obligations of each existing individual employment contract, including accrued leave and associated benefits, of any union district employee not covered by a collective bargaining agreement who worked in the building located in the new district in the year preceding the initial operational year and who chooses to continue to work in the same capacity in that building in the initial operational year.

  (f) Supervisory unions. If the State Board creates a new supervisory union to provide services to the new district and one or more other school districts, then the provisions of subsections (b) through (e) of this section shall apply to the transition of any employee who was employed by the union district in the year prior to the initial operational year to provide services typically provided by a supervisory union employee, if the employee is employed by the new supervisory union in the initial operational year to provide the same services, with the board of the new supervisory union assuming the responsibilities of the board of the new district as outlined in subsections (b) through (e) of this section. (Added 2021, No. 176 (Adj. Sess.), § 11, eff. June 7, 2022.)