§ 2170. Statutory purposes
The statutory purpose of the exemption for the Vermont State Colleges in section 2178 of this title is to allow institutions providing higher education to deploy more of their financial
resources to their educational missions. (Added 2013, No. 200 (Adj. Sess.), § 9.)
§ 2171. Corporation established; purposes; powers
(a) There is created as a part of the educational system of the State of Vermont a public
corporation to be known as “Vermont State Colleges” or any other name that the Board
of Trustees, established under section 2172 of this chapter, selects at a meeting
duly warned for that purpose, provided that the word “Vermont” shall appear in the
selected name. The Corporation shall plan, supervise, administer, and operate facilities
for education at the postsecondary level supported in whole or in substantial part
with State funds; however, while the Corporation shall maintain cooperative relations
with the University of Vermont and State Agricultural College, nothing in this chapter
shall give the Corporation any responsibility for the planning, supervision, administration,
or operation of the University.
(b) The Corporation shall own the real and personal property of the Castleton State College,
Johnson State College, Lyndon State College, Vermont Technical College, and Community
College of Vermont, and of other State-operated institutions of higher education that
may be established. It shall protect, preserve, and improve the properties and promote
their use as institutions of higher education.
(c) The Corporation may acquire, hold, and dispose of property in fee or in trust, or
any other estate, except as provided in subsection (d) of this section, shall have
a common seal, and shall be an instrumentality of the State for the purposes set forth
in this section. The State of Vermont shall support and maintain the Corporation.
(d) The Corporation shall not abandon, lease, sell, or dispose of any of the institutions
under its control unless that action is specifically authorized by the General Assembly.
The terms of any such sale, lease, or other disposal shall be prescribed by the Agency
of Administration, with the approval of the Governor, within the terms of the authorization
of the General Assembly.
(e) The Corporation may make expenditures for capital improvements. The Corporation is
authorized to borrow money for building purposes, to give security that may be required,
and to execute necessary related instruments, and is also authorized to accept, use,
and administer any funds made available to it for any of its corporate purposes by
the United States or any of its agencies, and to agree to any terms and conditions
that may be required that are not inconsistent with its corporate purposes. (Added 1961, No. 247, § 1, eff. July 28, 1961; amended 1963, No. 104, eff. May 22, 1963; 1973, No. 240 (Adj. Sess.), § 1, eff. April 8, 1974; 2007, No. 52, § 41, eff. May 28, 2007; 2013, No. 92 (Adj. Sess.), § 178, eff. Feb. 14, 2014; 2015, No. 19, § 1, eff. July 15, 2015.)
§ 2172. Trustees; appointment; vacancies
(a) The Corporation shall be governed by a board of 15 trustees who shall be appointed
or elected as follows:
(1) Biennially, the Governor, with the advice and consent of the Senate, shall appoint
trustees to serve for four-year terms expiring March 1 of the year of the biennial
session. Five trustees may be in office at one time under this subdivision. In the
event of any vacancy occurring between biennial sessions in an office under this subdivision,
the Governor, pursuant to 3 V.S.A. § 257, shall fill the vacancy, and the term of a person so appointed shall expire on March
1 in the year of the next following biennial session.
(2)(A) One trustee shall be a student trustee:
(i) who is a matriculated student at an educational institution operated by the Vermont
State Colleges Corporation;
(ii) who is pursuing a degree program; and
(iii) who has reached the age of majority.
(B) The student trustee shall serve a one-year term expiring on June 1. The student trustee
shall be appointed, and a vacancy may be filled, from among those eligible students
applying for the position by the decision of those members of the steering committee
of the Vermont State Colleges Student Association who have been elected at large to
that committee by the students at their respective colleges. No student trustee may
serve more than two consecutive terms.
(3) Four trustees shall be legislative trustees who are members of the General Assembly
at the time of their election. Legislative trustees shall serve four-year terms expiring
on March 1 of the second year of the biennial session, and they shall be elected by
joint assembly of the Legislature. Vacancies for any cause shall be filled by the
General Assembly at its earliest opportunity and the term of a person so appointed
shall expire on March 1 of the next even numbered year.
(4) Four trustees shall be elected by the Board of Trustees to four-year terms expiring
on March 1. Vacancies for any cause shall be filled by the remaining members of the
Board of Trustees, and the term of the person so appointed shall expire on the next
following March 1.
(b) Appointments by the Governor and elections by the General Assembly shall be made with
consideration of the geographic distribution of members to prevent an unfair focus
on any single college.
(c) No trustee shall be a member of the Board of Trustees of the University of Vermont.
(d)(1) The Board of Trustees, after notice and a hearing, may remove a trustee for incompetency,
failure to discharge duties, malfeasance, illegal acts, or other cases inimical to
the welfare of the Corporation.
(2) Gubernatorial-appointed trustees shall serve at the pleasure of the Governor pursuant
to 3 V.S.A. § 2004.
(3) In the event of a vacancy occurring under this subsection, the Governor or the Board,
as applicable, shall fill the vacancy pursuant to subsection (a) of this section. (Added 1961, No. 247, § 1, eff. July 28, 1961; amended 1977, No. 188 (Adj. Sess.), § 1, eff. April 5, 1978; 2015, No. 19, § 1, eff. July 15, 2015; 2015, No. 48, § 8, eff. July 16, 2015.)
§ 2173. Board of Trustees; organization
In addition to the 14 elected and appointed trustees, the Board of Trustees shall
include as a member the Governor of Vermont. A majority of the trustees shall constitute
a quorum for the transaction of business. Biennially, the Board shall elect one of
its voting members to serve as its chair. (Added 1961, No. 247, § 1, eff. July 28, 1961; amended 1977, No. 188 (Adj. Sess.), § 2, eff. April 5, 1978; 2013, No. 92 (Adj. Sess.), § 179, eff. Feb. 14, 2014; 2015, No. 19, § 1, eff. July 15, 2015.)
§ 2174. Board of Trustees; power
The Board of Trustees may confer such honors and degrees as are usually given in colleges
and universities and any other appropriate degrees and shall appoint a chancellor
of the Corporation and a president for each institution under its control and prescribe
their duties, salaries, and terms of office. The Board shall make bylaws and regulations
for the government of its meetings and each institution under its control prescribing,
among other things, the terms of admission, courses of instruction, educational standards,
rates of tuition, scholarships, and other student aids. (Added 1961, No. 247, § 1, eff. July 28, 1961; amended 2015, No. 19, § 1, eff. July 15, 2015.)
§ 2175. Retirement system
The Corporation may deduct from funds appropriated to it for salaries, employer contributions
to a retirement system established by its Board of Trustees, or to such other retirement
system as the Board may choose. (Added 1961, No. 247, § 1, eff. July 28, 1961; amended 2013, No. 92 (Adj. Sess.), § 180, eff. Feb. 14, 2014.)
§ 2176. Procedures relating to accounting
The Corporation shall develop, administer, and install procedures relating to accounting
practices, control of expenditures, budgets, audits, and purchase of supplies. The
fiscal year of the Corporation shall be July 1 to June 30, and its fiscal biennium
shall be the period of two successive fiscal years beginning July 1 of each odd-numbered
year. (Added 1961, No. 247, § 1, eff. July 28, 1961.)
§ 2177. Controls and audits; financial reports; other reports
(a) Control of funds appropriated and of the work carried on shall be vested in the Board
of Trustees.
(b) The financial statements of the Corporation shall be audited annually as of June 30
by an independent public accounting firm registered in Vermont in accordance with
government auditing standards issued by the U.S. Government Accountability Office.
(c), (d) [Repealed.]
(e) With the approval of the Governor, the Secretary of Administration, through the Deputy
Secretary of Administration or any departments of the Agency of Administration that
the Secretary may designate, shall have:
(1) the authority to allot to the Corporation the appropriation made by the General Assembly
for the Corporation, which may be on a monthly basis or as the work of the Corporation
may progress;
(2) the keeping of such controlling accounts as may be necessary in order to determine
the accuracy and limit of the expenditures made under the allotments; and
(3) access to and the right to copy any records of the Corporation under such regulations
as the Governor may prescribe.
(f) The Corporation shall be governed by the allotments made pursuant to this section
and shall not at any time exceed the sums allotted; provided, however, that nothing
in this section authorizes the Secretary of Administration, the Deputy Secretary,
or any department designated pursuant to subsection (e) of this section to decrease
any appropriation, except to the extent that actual annual receipts are less than
estimated receipts. (Added 1961, No. 247, § 1, eff. July 28, 1961; amended 2007, No. 121 (Adj. Sess.), § 3; 2007, No. 154 (Adj. Sess.), §§ 6, 9; 2009, No. 33, § 83(g)(3); 2013, No. 92 (Adj. Sess.), § 181, eff. Feb. 14, 2014; 2019, No. 104 (Adj. Sess.), § 4.)
§ 2178. Tax exemption
All real and personal property owned by the Corporation and used for educational and
not commercial purposes shall be exempt from taxation. (Added 1961, No. 247, § 1, eff. July 28, 1961; amended 2005, No. 207 (Adj. Sess.), § 8.)
§ 2179. Nonapplicability of certain statutes
Except as expressly provided in this chapter, the Corporation, its officers, and employees
shall not be governed by:
(1) 3 V.S.A. chapter 9, dealing with administrative departments;
(2) 3 V.S.A. chapter 13, dealing with classification of State personnel;
(3) 3 V.S.A. chapter 16, dealing with the State Employees Retirement System, except as may be otherwise agreed
by the Board of Trustees of the System and the Board of Trustees of the Corporation
with respect to those officers and employees of the Corporation transferred to the
Corporation from the State institutions replaced by the Corporation;
(4) chapter 55 of this title, dealing with the State Teachers Retirement System, except
as may be otherwise agreed by the Board of Trustees of the System and the Board of
Trustees of the Corporation with respect to those officers and employees of the Corporation
transferred to the Corporation from the State institutions replaced by the Corporation;
(5) 32 V.S.A. chapter 7, dealing with public monies;
(6) chapters 3 and 5 of this title, dealing with the State Board and the Secretary of
Education;
(7) 29 V.S.A. chapter 49, dealing with supplies, duties of the Commissioner of Buildings and General Services
as to purchases of material, supplies, or equipment, except upon request of the Corporation;
(8) 29 V.S.A. chapter 5, dealing with the Department of Buildings and General Services, except that any contracts
awarded for the construction of buildings by the Corporation shall continue to be
subject to the provisions of 29 V.S.A. § 161(b); or
(9) 21 V.S.A. § 342(c), dealing with required written employee authorization before an employer may pay
wages through electronic funds transfer or other direct deposit systems to a checking,
savings, or other deposit account maintained by the employee within or outside the
State. (Added 1961, No. 247, § 1, eff. July 28, 1961; amended 1967, No. 50; 1973, No. 240 (Adj. Sess.), § 2, eff. April 8, 1974; 1983, No. 147 (Adj. Sess.), § 4(a), (b), eff. April 11, 1984; 1995, No. 148 (Adj. Sess.), § 4(c)(2), eff. May 6, 1996; 2003, No. 63, § 47, eff. June 11, 2003; 2009, No. 4, § 87, eff. May 1, 2009; 2013, No. 92 (Adj. Sess.), § 182, eff. Feb. 14, 2014; 2015, No. 48, § 4.)
§ 2180. Repealed. 2015, No. 19, § 1, effective July 15, 2015.
§ 2181. Repealed. 1967, No. 8, § 1.
§ 2182. Repealed. 2009, No. 106 (Adj. Sess.), § 2(1), eff. May 13, 2010.
§ 2183. Repealed. 1999, No. 62, § 62.
§ 2184. School of Dental Hygiene
(a) The Vermont State Colleges shall establish and operate a School of Dental Hygiene
for the training of dental hygienists. The Colleges shall have the authority to grant
certificates of graduation on the successful completion of a two-year course in dental
hygiene.
(b) The General Assembly shall appropriate funds to conduct a curriculum of a recognized
School of Dental Hygiene to the State Colleges.
(c) The Colleges shall grant special tuition rates to residents of the State who agree
to practice dental hygiene in the State for two years following graduation. The Colleges
shall give preference in admissions to eligible students who are residents of the
State.
(d) The Vermont State Colleges are authorized and empowered to receive from any source
sums donated for scholarships or general improvements and may cooperate with the federal
government or any agency thereof in securing federal funds for dental hygiene education
in the State. (Added 2003, No. 107 (Adj. Sess.), § 11.)
§ 2185. Determination of residency for tuition purposes
(a) The Board of Trustees shall adopt policies related to residency for tuition purposes,
consistent with State and federal requirements. Any policies adopted by the Board
shall not discriminate against or exclude a person based solely on the person’s immigration
status, or lack thereof, if such person would otherwise qualify for and meet requirements
for Vermont residency for tuition purposes as set forth by the Board and as permitted
under federal law.
(b) Any member of the U.S. Armed Forces on active duty who is transferred to Vermont for
duty other than for the purpose of education shall, upon transfer and for the period
of active duty served in Vermont, be considered a resident for in-state tuition purposes
at the start of the next semester or academic period.
(c) For determination of residency for tuition to the Community College of Vermont, a
person who resides in Vermont shall be considered a resident for in-state tuition
purposes, beginning at the start of the next semester or academic period after arrival
in Vermont, if that person:
(1) qualifies as a refugee pursuant to 8 U.S.C. § 1101(a)(42) (Immigration and Nationality Act definition of refugee);
(2) is granted parole to enter the United States pursuant to 8 U.S.C. § 1182(d)(5) (temporary admission of nonimmigrants for urgent humanitarian reasons); or
(3) is issued a special immigrant visa pursuant to the Afghan Allies Protection Act of
2009, Pub. L. No. 111-8 (8 U.S.C. § 1101 note), as amended.
(d) The spouse and dependent child of any person who is a member of the U.S. Armed Forces
and stationed in this State pursuant to military orders shall be entitled to be considered,
upon taking up a residence in the State, a resident for in-state tuition purposes
at the start of the next semester or academic period. The spouse or dependent child
shall not lose classification as an in-state student if the spouse or dependent child
continues to reside in the State and the member of the U.S. Armed Forces is transferred
on military orders or retires. The spouse or dependent child shall lose this classification
as an in-state student under this subsection if the spouse or dependent child no longer
resides in the State and shall regain this classification upon again taking up a residency
in the State only if the member of the U.S. Armed Forces is stationed in this State
pursuant to military orders.
(e) Except as otherwise provided by law, or by consent of the individual identified in
the record, information collected pursuant to this section that directly or indirectly
identifies applicants or students, including grant, loan, scholarship, or outreach
programs, is exempt from public inspection and copying under the Public Records Act
and shall be kept confidential. (Added 2003, No. 127 (Adj. Sess.), § 2; amended 2015, No. 19, § 1, eff. July 15, 2015; 2021, No. 140 (Adj. Sess.), § 5, eff. May 27, 2022; 2021, No. 166 (Adj. Sess.), § 1, eff. June 1, 2022; 2023, No. 136 (Adj. Sess.), § 4, eff. July 1, 2025.)
§ 2186. Reserve funds
(a) The Vermont State Colleges may create and establish one or more special funds, referred
to in this section as “debt service reserve funds,” and shall pay into each debt service
reserve fund:
(1) any monies appropriated and made available by the State for the purpose of the fund;
(2) any proceeds of the sale of notes or bonds, to the extent provided in the resolution
or resolutions of the Vermont State Colleges authorizing the issuance thereof; and
(3) any other monies that may be made available to the Vermont State Colleges for the
purpose of the fund from any other source or sources.
(b) All monies held in any debt service reserve fund, except as provided in this section,
shall be used, as required, solely for the payment of the principal or purchase or
redemption price of or interest or redemption premium on bonds or notes secured in
whole or in part by the fund or of sinking fund payments with respect to the bonds
or notes; provided, however, that monies in any fund shall not be withdrawn from the
fund at any time in an amount as would reduce the amount of the fund to less than
the debt service reserve requirement established by resolution of the Vermont State
Colleges for the fund as hereafter provided, except for the purpose of making payments,
when due, of principal, interest, redemption premiums, and sinking fund payments with
respect to bonds and notes secured in whole or in part by the fund for the payment
of which other monies of the Vermont State Colleges are not available. Any income
or interest earned by any debt service reserve fund may be transferred to other funds
or accounts of the Vermont State Colleges to the extent that it does not reduce the
amount of the fund below the requirement for the fund.
(c) The Vermont State Colleges shall not at any time issue bonds or notes secured in whole
or in part by a debt service reserve fund if upon the issuance of the bonds or notes
the amount in the debt service reserve fund will be less than the debt service reserve
requirement established by resolution of the Vermont State Colleges for the fund,
unless the Vermont State Colleges at the time of issuance of the bonds or notes shall
deposit in the fund from the proceeds of the bonds or notes so to be issued, or from
other sources, an amount that, together with the amount then in the fund, will not
be less than the debt service reserve requirement established for the fund. The debt
service reserve requirement for any debt service reserve fund shall be established
by resolution of the Vermont State Colleges prior to the issuance of any bonds or
notes secured in whole or in part by the fund and shall not be required to exceed
“maximum debt service,” which shall mean, as of any particular date of computation,
an amount equal to the greatest of the respective amounts, for the then-current or
any future fiscal year of the Vermont State Colleges, of annual debt service on the
bonds and notes of the Vermont State Colleges secured or to be secured in whole or
in part by the debt service reserve fund.
(d) In the computation of the amount of the debt service reserve funds for the purpose
of this section, securities in which any of the funds shall be invested shall be valued
at par if purchased at par or at amortized value, as the term is defined by resolution
of the Vermont State Colleges, if purchased at other than par.
(e) In order to ensure the maintenance of the debt service reserve requirement in each
debt service reserve fund established by the Vermont State Colleges, there may be
appropriated annually and paid to the Vermont State Colleges for deposit in each fund
the sum as shall be certified by the Chair of the Board of Trustees of the Vermont
State Colleges to the Governor, the President of the Senate, and the Speaker of the
House as is necessary to restore each such debt service reserve fund to an amount
equal to the debt service reserve requirement for the fund. The Chair shall annually,
on or about February 1, make and deliver to the Governor, the President of the Senate,
and the Speaker of the House his or her certificate stating the sum required to restore
each debt service reserve fund to the amount equal to the debt service reserve requirement
for the fund, and the sum so certified may be appropriated, and if appropriated, shall
be paid to the Vermont State Colleges during the then-current State fiscal year. The
principal amount of bonds or notes outstanding at any one time and secured in whole
or in part by a debt service reserve fund to which State funds may be appropriated
pursuant to this subsection shall not exceed $34,000,000.00, provided that the foregoing
shall not impair the obligation of any contract or contracts entered into by the Vermont
State Colleges in contravention of the Constitution of the United States of America.
(f) The proceeds of any bonds or notes secured by a debt service reserve fund to which
State funds may be appropriated pursuant to this section shall be applied solely to
costs of reconstruction, rehabilitation, or improvement of existing facilities or
property of the Vermont State Colleges. (Added 2007, No. 200 (Adj. Sess.), § 48; amended 2019, No. 131 (Adj. Sess.), § 94.)
§ 2187. Transferred. 2023 No. 114 (Adj. Sess.), § 5, eff. July 1, 2024.
(Added 2021, No. 68, § 6, eff. June 8, 2021; renumbered to 16 V.S.A. § 183 by 2023, No. 114 (Adj. Sess.), § 5, eff. July 1, 2024.)
§ 2188. Property transactions
Any sale, lease, demolition, or disposal of property by the Vermont State Colleges
Corporation shall comply with the requirements of 32 V.S.A. § 962. (Added 2021, No. 74, § E.602.1.)