§ 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.)