§ 2901. Success for all students in the general education environment
(a) Each local school district shall develop and maintain, in consultation with parents,
a comprehensive system of education that is designed to result, to the extent appropriate,
in all students succeeding in the general education environment. A comprehensive system
of education includes a full range of services and accommodations that are needed
by students in the district. These services could include a separate alternative program
if the district finds that some of its students could be better served in an environment
outside the classroom, or if the district finds that separate placement is the best
way to provide services to a student who is having difficulty learning in a traditional
school setting for educational, emotional, or personal reasons and thereby impairing
the ability of the classroom teacher to provide high-quality services to that student
or to other students. This chapter does not replace or expand entitlements created
by federal law, nor is it the intent of this chapter to create a higher standard for
maintaining a student in the general classroom than the standard created in the following
federal laws: 20 U.S.C. chapter 33, Individuals with Disabilities Education Act; 29 U.S.C. § 794, Section 504 of the Rehabilitation Act of 1973; and 42 U.S.C. chapter 126, Americans with Disabilities
Act.
(b) [Repealed.]
(c) No individual entitlement or private right of action is created by this section. (Added 1989, No. 230 (Adj. Sess.), § 4; amended 1995, No. 157 (Adj. Sess.), § 8; 1999, No. 113 (Adj. Sess.), § 9; 2009, No. 44, § 40, eff. May 21, 2009; 2017, No. 173 (Adj. Sess.), § 3, eff. May 25, 2018.)
§ 2902. Tiered system of supports and educational support team
(a) Within each school district’s comprehensive system of educational services, each public
school shall develop and maintain a tiered system of academic and behavioral supports
for the purpose of providing all students with the opportunity to succeed or to be
challenged in the general education environment. For each school it maintains, a school
district board shall assign responsibility for developing and maintaining the tiered
system of supports either to the superintendent pursuant to a contract entered into
under section 267 of this title or to the school principal. The school shall provide all students a full and fair
opportunity to access the system of supports and achieve educational success. The
tiered system of supports shall, at a minimum, include an educational support team,
instructional and behavioral interventions, and accommodations that are available
as needed for any student who requires support beyond what can be provided in the
general education classroom and may include intensive, individualized interventions
for any student requiring a higher level of support.
(b) The tiered system of supports shall:
(1) be aligned as appropriate with the general education curriculum;
(2) be designed to enhance the ability of the general education system to meet the needs
of all students;
(3) be designed to provide necessary supports promptly, regardless of an individual student’s
eligibility for categorical programs;
(4) seek to identify and respond to students in need of support for emotional or behavioral
challenges and to students in need of specialized, individualized behavior supports;
(5) provide all students with a continuum of evidence-based positive behavioral practices
that promote social and emotional learning, including trauma-sensitive programming,
that are both school-wide and focused on specific students or groups of students;
(6) promote collaboration with families, community supports, and the system of health
and human services; and
(7) provide professional development, as needed, to support all staff in full implementation
of the multi-tiered system of support.
(c) The educational support team for each public school in the district shall be composed
of staff from a variety of teaching and support positions and shall:
(1) Determine which enrolled students require additional assistance to be successful in
school or to complete secondary school based on indicators set forth in guidelines
developed by the Secretary, such as academic progress, attendance, behavior, or poverty.
The educational support team shall pay particular attention to students during times
of academic or personal transition.
(2) Identify the classroom accommodations, remedial services, and other supports to be
provided to the identified student.
(3) Assist teachers to plan for and provide services and accommodations to students in
need of classroom supports or enrichment activities.
(4) Develop an individualized strategy, in collaboration with the student’s parents or
legal guardian whenever possible, to assist the identified student to succeed in school
and to complete his or her secondary education.
(5) Maintain a written record of its actions.
(6) [Repealed.]
(d) No individual entitlement or private right of action is created by this section.
(e) The Secretary shall establish guidelines for teachers and administrators in following
federal laws relating to provision of services for children with disabilities and
the implementation of this section. The Secretary shall develop and provide to supervisory
unions information to share with parents of children suspected of having a disability
that describes the differences between the tiered system of academic and behavioral
supports required under this section, Section 504 of the Rehabilitation Act of 1973,
29 U.S.C. § 794, and the Individuals with Disabilities Education Act, 20 U.S.C. chapter 33, including
how and when school staff and parents of children having a suspected disability may
request interventions and services under those entitlements.
(f) It is the intent of the General Assembly that a gifted and talented student shall
be able to take advantage of services that an educational support team can provide.
It is not the intent of the General Assembly that funding under chapter 101 of this
title shall be available for a gifted and talented student unless the student has
been otherwise determined to be a student for whom funding under that chapter is available.
(g) The tiered system of academic and behavioral supports required under this section
shall not be used by a school district to deny a timely initial comprehensive special
education evaluation for children suspected of having a disability. The Agency of
Education shall adopt policies and procedures to ensure that a school district’s evaluation
of a child suspected of having a disability is not denied because of implementation
of the tiered system of academic and behavioral supports. The policies and procedures
shall include:
(1) the definition of what level of progress is sufficient for a child to stop receiving
instructional services and supports through the tiered system of academic and behavioral
supports;
(2) guidance on how long children are to be served in each tier; and
(3) guidance on how a child’s progress is to be measured. (Added 1989, No. 230 (Adj. Sess.), § 4; amended 1995, No. 157 (Adj. Sess.), § 9; 1997, No. 87 (Adj. Sess.), § 1; 1999, No. 113 (Adj. Sess.), § 10; 1999, No. 117 (Adj. Sess.), § 2; 2009, No. 44, § 40, eff. May 21, 2009; 2013, No. 92 (Adj. Sess.), § 192, eff. Feb. 14, 2014; 2015, No. 48, § 5; 2017, No. 173 (Adj. Sess.), § 4, eff. May 25, 2018.)
§ 2903. Foundation for literacy
(a) Statement of policy. The ability to read is critical to success in learning. Children who fail to read
by the end of the first grade will likely fall further behind in school. The personal
and economic costs of reading failure are enormous both while the student remains
in school and long afterward. All students need to receive systematic and explicit
evidence-based reading instruction in the early grades from a teacher who is skilled
in teaching the foundational components of reading, including phonemic awareness,
phonics, fluency, vocabulary, and comprehension. Students who require intensive supplemental
instruction tailored to the unique difficulties encountered shall be provided those
additional supports by an appropriately trained education professional.
(b) Foundation for literacy.
(1) The Agency of Education, in collaboration with the State Board of Education, the Agency
of Human Services, higher education, literacy organizations, and others, shall develop
a plan for establishing a comprehensive system of services for early education in
public schools that offer instruction in grades kindergarten through grade three to
ensure that all students learn to read by the end of the third grade. The plan shall
be updated at least once every five years following its initial submission in 1998.
(2) Approved independent schools that are eligible to receive public tuition shall develop
a grade-level appropriate school literacy plan that is informed by student needs and
assessment data. The plan may include identification of a literacy vision, goals,
and priorities and shall address the following topics:
(A) measures and indicators;
(B) screening, assessment, instruction and intervention, and progress monitoring, consistent
with section 2907 of this title; and
(C) professional learning activities consistent with section 1710 of this title.
(c) Reading instruction. A public school or approved independent school that is eligible to receive public
tuition that offers instruction in grades kindergarten, one, two, or three shall provide
systematic and explicit evidence-based reading instruction to all students. In addition,
for students in grades kindergarten through 12, public schools and approved independent
schools that are eligible to receive public tuition shall provide supplemental reading
instruction to any enrolled student whose reading proficiency falls significantly
below proficiency standards for the student’s grade level or whose reading proficiency
prevents progress in school. Schools shall provide support and information to parents
and legal guardians. (Added 1997, No. 60, § 9, eff. June 26, 1997; amended 2009, No. 44, § 40, eff. May 21, 2009; 2023, No. 139 (Adj. Sess.), § 5, eff. May 30, 2024; 2025, No. 72, § 10, eff. June 27, 2025.)
§ 2903a. Advisory Council on Literacy [Repealed effective June 30, 2027]
(a) Creation. There is created the Advisory Council on Literacy. The Council shall advise the Agency
of Education, the State Board of Education, and the General Assembly on how to improve
proficiency outcomes in literacy for students in prekindergarten through grade 12
and how to sustain those outcomes.
(b) Membership. The Council shall be composed of the following 16 members:
(1) 10 members who shall serve as ex officio members:
(A) the Secretary of Education or designee;
(B) a member of the Standards Board for Professional Educators who is knowledgeable in
licensing requirements for teaching literacy, appointed by the Standards Board;
(C) the Executive Director of the Vermont Superintendents Association or designee;
(D) the Executive Director of the Vermont School Boards Association or designee;
(E) the Executive Director of the Vermont Council of Special Education Administrators
or designee;
(F) the Executive Director of the Vermont Principals’ Association or designee;
(G) the Executive Director of the Vermont Independent Schools Association or designee;
(H) the Executive Director of the Vermont-National Education Association or designee;
(I) the State Librarian or designee; and
(J) the Executive Director of the Vermont Curriculum Leaders Association or designee;
and
(2) seven members who shall serve two-year terms:
(A) [Repealed.]
(B) three teachers, appointed by the Vermont-National Education Association, who teach
literacy, one of whom shall be a special education literacy teacher and two of whom
shall teach literacy to students in prekindergarten through grade three;
(C) three community members who have struggled with literacy proficiency or supported
others who have struggled with literacy proficiency, one of whom shall be a high school
student, appointed by the Agency of Education in consultation with the Vermont Family
Network; and
(D) one member appointed by the Agency of Education who has expertise in working with
students with dyslexia; and
(3) two faculty members of approved educator preparation programs located in Vermont,
one of whom shall be employed by a private college or university, appointed by the
Agency of Education in consultation with the Association of Vermont Independent Colleges,
and one of whom shall be employed by a public college or university, appointed by
the Agency of Education in consultation with the University of Vermont and State Agricultural
College and the Vermont State Colleges Corporation.
(c) Members with two-year terms.
(1) A member with a term limit shall serve a term of two years and until a successor is
appointed. A term shall begin on January 1 of the year of appointment and run through
December 31 of the last year of the term. Terms of these members shall be staggered
so that not all terms expire at the same time.
(2) A vacancy created before the expiration of a term shall be filled in the same manner
as the original appointment for the unexpired portion of the term.
(3) A member with a term limit shall not serve more than two consecutive terms. A member
appointed to fill a vacancy created before the expiration of a term shall not be deemed
to have served a term for the purpose of this subdivision.
(d) Powers and duties. The Council shall advise the Secretary of Education on how to improve proficiency
outcomes in literacy for students in prekindergarten through grade 12 and how to sustain
those outcomes and shall:
(1) advise the Secretary on how to:
(A) update section 2903 of this title;
(B) implement the statewide literacy plan required by section 2903 of this title and whether, based on its implementation, changes should be made to the plan; and
(C) maintain the statewide literacy plan;
(2) advise the Secretary on what services the Agency should provide to school districts
to support implementation of the plan and on staffing levels and resources needed
at the Agency to support the statewide effort to improve literacy;
(3) develop a plan for collecting literacy-related data that informs:
(A) literacy instructional practices;
(B) teacher professional development in the field of literacy;
(C) what proficiencies and other skills should be measured through literacy assessments
and how those literacy assessments are incorporated into local assessment plans; and
(D) how to identify school progress in achieving literacy outcomes, including closing
literacy gaps for students from historically underserved populations;
(4) recommend evidence-based best practices for Tier 1, Tier 2, and Tier 3 literacy instruction
within the multitiered system of supports required under section 2902 of this title to best improve and sustain literacy proficiency; and
(5) review literacy assessments and outcomes and provide ongoing advice as to how to continuously
improve those outcomes and sustain that improvement.
(e) Report. Notwithstanding 2 V.S.A. § 20(d), annually on or before December 15, the Council shall submit a written report to
the House and Senate Committees on Education with its findings, any recommendations
for legislative action, and progress toward outcomes identified in this section. The
report shall contain an executive summary, which shall not exceed two pages.
(f) Meetings.
(1) The Secretary of Education shall call the first meeting of the Council to occur on
or before August 1, 2021.
(2) The Council shall select a chair from among its members.
(3) A majority of the membership shall constitute a quorum.
(4) The Council shall meet not more than four times per year.
(g) Assistance. The Council shall have the administrative, technical, and legal assistance of the
Agency of Education.
(h) Compensation and reimbursement. Compensation and reimbursement. Members of the Council shall be entitled to per diem
compensation and reimbursement of expenses as permitted under 32 V.S.A. § 1010 for not more than four meetings of the Council per year. (Added 2021, No. 28, § 5, eff. May 13, 2021; repealed on June 30, 2024 by 2021, No. 28, § 7; amended 2023, No. 139 (Adj. Sess.), § 9, eff. May 30, 2024.)
§ 2903a. Repealed. 2021, No. 28, § 7, eff. June 30, 2027.
(Added 2021, No. 28, § 5, eff. May 13, 2021; repealed on June 30, 2024 by 2021, No. 28, § 7; amended 2023, No. 139 (Adj. Sess.), § 9, eff. May 30, 2024.)
§ 2904. Reports
Annually, each superintendent shall report to the Secretary in a form prescribed by
the Secretary, on the status of the educational support systems in each school in
the supervisory union. The report shall describe the services and supports that are
a part of the education support system, how they are funded, and how building the
capacity of the educational support system has been addressed in the school action
plans, and shall be in addition to the report required of the educational support
team in subdivision 2902(c)(6) of this chapter. The superintendent’s report shall
include a description and justification of how funds received due to Medicaid reimbursement
under section 2959a of this title were used. (Added 1999, No. 117 (Adj. Sess.), § 3; amended 2005, No. 54, § 14; 2009, No. 44, § 40, eff. May 21, 2009; 2013, No. 92 (Adj. Sess.), § 193, eff. Feb. 14, 2014.)
§ 2905. Repealed. 2021, No. 52, § 10, effective June 3, 2021.
§ 2906. Vermont Expanded Learning Opportunities Special Fund established
(a) As used in this section, “Expanded Learning Opportunity” means a structured program
designed to serve prekindergarten through secondary school-age children and youth
outside the school day and year on a regular basis, including before and after school
and during the summer, by providing opportunities for personal, emotional, and academic
growth for children and youth.
(b) There is established a Vermont Expanded Learning Opportunities Special Fund comprising
grants, donations, and contributions from any private or public source. Monies in
the Fund shall be available to the Agency for the purpose of increasing access to
expanded learning opportunities throughout Vermont. The Commissioner of Finance and
Management may draw warrants for disbursements from this Fund in anticipation of receipts.
The Fund shall be administered pursuant to 32 V.S.A. chapter 7, subchapter 5, except
that interest earned and any remaining balance at the end of the fiscal year shall
be retained and carried forward in the Fund. (Added 2015, No. 48, § 9, eff. June 3, 2015.)
§ 2907. Kindergarten through grade-three reading assessment and intervention
(a) The Agency of Education shall review and publish guidance on universal reading screeners
based on established criteria that are based on technical adequacy, attention to linguistic
diversity, administrative usability, and valid measures of the developmental skills
in early literacy, including phonemic awareness, phonics, fluency, vocabulary, and
comprehension. The Agency shall include in its guidance instances in which schools
can leverage assessments that meet overlapping requirements and guidelines to maximize
the use of assessments that provide the necessary data to understand student needs
while minimizing the number of assessments used and the disruption of instructional
time.
(b) Each public and approved independent school that is eligible to receive public tuition
shall screen all students in kindergarten through grade three, at least annually,
using age and grade-level appropriate universal reading screeners. The universal screeners
shall be given in accordance with best practices and the technical specifications
of the specific screener used.
(c)(1) If such screenings determine that a student is significantly below relevant benchmarks
as determined by the screener’s guidelines for age-level or grade-level typical development
in specific literacy skills, the school shall determine which actions within the general
education program will meet the student’s needs, including differentiated or supplementary
evidence-based reading instruction and ongoing monitoring of progress. Within 30 calendar
days following a screening result that is significantly below the relevant benchmarks,
the school shall inform the student’s parent or guardian of the screening results
and the school’s response.
(2) Additional diagnostic assessment and evidence-based curriculum and instruction for
students demonstrating a substantial deficit in reading or dyslexia characteristics
shall be determined by data-informed decision making within existing processes in
accordance with required federal and State law.
(d) Evidence-based reading instructional practices, programs, or interventions provided
pursuant to subsection (c) of this section shall be effective, explicit, systematic,
and consistent with federal and State guidance and shall address the foundational
concepts of literacy proficiency, including phonemic awareness, phonics, fluency,
vocabulary, and comprehension.
(e)(1) Each supervisory union and approved independent school that is eligible to receive
public tuition shall annually report to the Agency, in a format prescribed by the
Agency, the following information and prior year performance, by school:
(A) the number and percentage of students in kindergarten through grade three performing
below proficiency on local and statewide reading assessments, as applicable; and
(B) the universal reading screeners utilized.
(2) The Agency shall provide guidance to supervisory unions and approved independent schools
that are eligible to receive public tuition on whether, and if so, how, the data provided
pursuant to subdivision (1) of this subsection may be disaggregated based on poverty,
the provision of special education services, or any other category the Agency deems
relevant to understanding the status of the State’s progress to improve literacy learning.
(f) On or before January 15 of each year, the Agency shall issue a written report to the
Governor and the Senate and House Committees on Education on the status of State progress
to improve literacy learning. The report shall include the information required pursuant
to subdivision (e)(1) of this section. (Added 2023, No. 139 (Adj. Sess.), § 2, eff. May 30, 2024.)