The Vermont Statutes Online

Title 33: Human Services

Chapter 047: Children at Risk of School Failure

• § 4701. Legislative findings and purpose

  (a) The General Assembly finds that early intervention and family support services offers the chance for children at risk of school failure to enter school better prepared to learn. Children who succeed in school are more likely to fulfill their potential as adults. An early investment in a child’s learning potential may lessen the need for remedial services. The role of parents as their child’s first teachers should be strengthened through a community-based system of early childhood services that provide the earliest opportunity to identify and serve children at risk of school failure. The State shall provide, or assist parents in the provision of such aid through community-based public or private early childhood development services for as long as the parents are eligible and continue to desire such services for themselves and their children. However, parents may refuse aid or services or may discontinue these services at any time without incurring any record or presumption of neglect or abuse based solely on their decision to reject these services.

  (b) The General Assembly finds that early education contributes to the health of our society just as importantly as does good nutrition and proper immunization. Children’s healthy intellectual development is greatly enhanced by their early and consistent exposure to books and other educational materials and experiences. The General Assembly also finds that opportunity for school success may be enhanced for children at risk of school failure by providing parents of such children with information on a variety of approaches to child development.

  (c) The General Assembly finds that currently available early child development services are provided by many State departments and community agencies, but they are not uniformly available or coordinated or sufficiently well known by parents.

  (d) Therefore, it is the policy of the State of Vermont and this chapter to offer all families assistance in the preparation of their children for school, from the time of birth onward, through a community-based education and human services system with the capability to identify preschool children at risk of school failure and to reduce this number through health, education, and family support programs. It is the goal of this chapter that few children enter school at risk of school failure, and that those who do have been previously identified where possible and have received appropriate early education, child care, and health care services on a voluntary basis. A goal of this chapter is to widely disseminate public information about State laws related to child abuse and neglect. (Added 1989, No. 266 (Adj. Sess.), § 1; amended 1993, No. 154 (Adj. Sess.), § 1.)

• § 4702. System for services to children at risk of school failure

  (a) As used in this chapter:

  (1) “At risk” means those children from birth to age 72 months who have a diagnosed physical or mental condition that has a high probability of resulting in a developmental delay, or who have a high probability of experiencing failure in school due to biological, medical, or environmental factors.

  (2) “School failure” means failure to develop essential skills in reading, writing, and mathematics appropriate to age level.

  (b) The Secretaries of Human Services and of Education shall develop and implement, through community-based organizations, a coordinated system of State and local agencies that identifies children at risk of school failure, makes available to them and their families, as eligible and willing, coordinated early education and support services individually designed with each family and based on a family’s identified needs, and encourages parents to use these services. After an informational meeting and prior to family participation in any screenings or services to be conducted in the home, the provider visiting the home shall explain the confidentiality policies and abuse and neglect reporting requirements. A parent shall be required to sign a form acknowledging their awareness of these policies and requirements. All services shall be voluntary, and when a local community chooses to offer services in the home, an alternative site shall be provided for families desiring services but not home visits.

  (c) This system shall be accessible to local public review and comment in the Agency of Human Services districts where these programs are in service through two warned public meetings per year. Two weeks in advance of these meetings, documents that fully describe program activities, including reports, budgets, plans, and working guidelines, shall be made available to school boards in program service areas and at the area lead agency. These meetings shall be co-chaired by an elected school board director or superintendent in the district and an official of the program’s lead agency. The lead agency in each district, in cooperation with the Agencies of Human Services and of Education, shall annually present a report of its activities and expenditures to appropriate committees of the General Assembly.

  (d) The Agency of Education and the Agency of Human Services shall have authority to adopt rules under 3 V.S.A. chapter 25 as necessary to implement this chapter. In addition, either agency shall initiate rule-making if requested by a majority of the involved community-based lead agencies, or by the public as provided in 3 V.S.A. § 831(c).

  (e) Nothing in this chapter shall create an entitlement. (Added 1989, No. 266 (Adj. Sess.) § 1; amended 1993, No. 154 (Adj. Sess.), § 1; 2013, No. 92 (Adj. Sess.), § 300, eff. Feb. 14, 2014; 2021, No. 20, § 332.)