§ 563. Powers of school boards; form of vote
The school board of a school district, in addition to other duties and authority specifically
assigned by law:
(1) Shall determine the educational policies of the school district. Board policies shall
be of general application to the district and shall be in writing, codified, and made
available to the public. Board policies shall be adopted at regular or special school
board meetings. A school board shall give public notice of its intent to adopt a board
policy, stating the substance of the proposed policy, at least ten days prior to its
adoption. A school board may also approve or disapprove rules and regulations proposed
by the principal or superintendent for the conduct and management of public schools
in the district.
(2) May take any action that is required for the sound administration of the school district.
The Secretary, with the advice of the Attorney General, upon application of a school
board, shall decide whether any action contemplated or taken by a school board under
this subdivision is required for the sound administration of the district and is proper
under this subdivision. The Secretary’s decision shall be final.
(3) Shall have the possession, care, control, and management of the property of the school
district, subject to the authority vested in the electorate or any school district
official.
(4) [Repealed.]
(5) Shall keep the school buildings and grounds in good repair, suitably equipped, insured,
and in safe and sanitary condition at all times. The school board shall regulate or
prohibit firearms or other dangerous or deadly weapons on school premises. At a minimum,
a school board shall adopt and implement a policy at least consistent with section 1166 of this title and 13 V.S.A. § 4004, relating to a student who brings a firearm to or possesses a firearm at school.
(6) Shall have discretion to furnish instruction to students who have completed a secondary
education and to administer early educational programs.
(7) May relocate or discontinue use of a schoolhouse or facility, subject to the provisions
of sections 821 and 822 of this title.
(8) Shall establish and maintain a system for receipt, deposit, disbursement, accounting,
control, and reporting procedures that meets the criteria established by the State
Board pursuant to subdivision 164(15) of this title and that ensures that all payments are lawful and in accordance with a budget adopted
or amended by the school board. The school board may authorize a subcommittee, the
superintendent of schools, or a designated employee of the school board to examine
claims against the district for school expenses and draw orders for the payment of
those claims. Such orders shall state definitely the purpose for which they are drawn
and shall serve as full authority to the treasurer to make such payments. It shall
be lawful for a school board to submit to its treasurer a certified copy of those
portions of the board minutes, properly signed by the clerk and chair, or a majority
of the board, showing to whom and for what purpose each payment is to be made by the
treasurer, and such certified copy shall serve as full authority to the treasurer
to make the payments as thus approved.
(9) Shall establish with the advice and consent of the Auditor of Accounts and the Secretary
a system of accounts for the proper control and reporting of school district finances
and for stating the annual financial condition of the school district.
(10) Shall prepare and distribute to the electorate, not less than ten days prior to the
district’s annual meeting, a report of the conditions and needs of the district school
system, including the superintendent’s, supervisory union treasurer’s, and school
district treasurer’s annual report for the previous school year and the balance of
any reserve funds established pursuant to 24 V.S.A. § 2804. At a school district’s annual meeting, the electorate may vote to provide notice
of availability of the report required by this subdivision to the electorate in lieu
of distributing the report. If the electorate of the school district votes to provide
notice of availability, it must specify how notice of availability shall be given,
and such notice of availability shall be provided to the electorate at least 30 days
before the district’s annual or special meeting.
(11)(A) Shall prepare and distribute annually a proposed budget for the next school year according
to such major categories as may from time to time be prescribed by the Secretary.
(B) [Repealed.]
[Subdivision (11)(C) effective until contingency met; see also subdivision (11)(C)
effective July 1, 2028 if contingency met, set out below.]
(C) At a school district’s annual or special meeting, the electorate may vote to provide
notice of availability of the school budget required by this subdivision to the electorate
in lieu of distributing the budget. If the electorate of the school district votes
to provide notice of availability, it must specify how notice of availability shall
be given, and such notice of availability shall be provided to the electorate at least
30 days before the district’s annual meeting. The proposed budget shall be prepared
and distributed at least ten days before a sum of money is voted on by the electorate.
Any proposed budget shall show the following information in a format prescribed by
the Secretary:
(i) all revenues from all sources, and expenses, including as separate items any assessment
for a supervisory union of which it is a member and any tuition to be paid to a career
technical center; and including the report required in subdivision 242(4)(D) of this title itemizing the component costs of the supervisory union assessment;
(ii) the specific amount of any deficit incurred in the most recently closed fiscal year
and how the deficit was or will be remedied;
(iii) the anticipated homestead tax rate and the percentage of household income used to
determine income sensitivity in the district as a result of passage of the budget,
including those portions of the tax rate attributable to supervisory union assessments;
and
(iv) the definition of “education spending,” the number of pupils and number of equalized
pupils in the school district, and the district’s education spending per equalized
pupil in the proposed budget and in each of the prior three years.
[Subdivision (11)(C) effective July 1, 2028 if contingency met; see also subdivision
(11)(C) effective until contingency met, set out above.]
(C) At a school district’s annual or special meeting, the electorate may vote to provide
notice of availability of the school budget required by this subdivision to the electorate
in lieu of distributing the budget. If the electorate of the school district votes
to provide notice of availability, it must specify how notice of availability shall
be given, and such notice of availability shall be provided to the electorate at least
30 days before the district’s annual meeting. The proposed budget shall be prepared
and distributed at least 10 days before a sum of money is voted on by the electorate.
Any proposed budget shall show the following information in a format prescribed by
the Secretary:
(i) all revenues from all sources, and expenses, including as separate items any assessment
for a supervisory union of which it is a member and any tuition to be paid to a career
technical center; and including the report required in subdivision 242(4)(D) of this title itemizing the component costs of the supervisory union assessment;
(ii) the specific amount of any deficit incurred in the most recently closed fiscal year
and how the deficit was or will be remedied;
(iii) the anticipated statewide education tax rate, as adjusted for each tax classification
pursuant to 32 V.S.A. § 5402;
(iv) the definition of “supplemental district spending,” the long-term membership of the
school district, and the district’s per pupil supplemental district spending in the
proposed budget and in each of the prior three years; and
(v) the supplemental district spending yield.
[Subdivision (11)(D) effective until contingency met; see also subdivision (11)(D)
effective July 1, 2028 if contingency met, set out below.]
(D) The board shall present the budget to the voters by means of a ballot in the following
form:
“Article #1 (School Budget):
Shall the voters of the school district approve the school board to expend $ ______ , which is the amount the school board has determined to be necessary for the ensuing
fiscal year?
The ______ District estimates that this proposed budget, if approved, will result in per pupil
education spending of $______ , which is ______ % higher/lower than per pupil education spending for the current year.”
[Subdivision (11)(D) effective July 1, 2028 if contingency met; see also subdivision
(11)(D) effective until contingency met, set out above.]
(D) The board shall present the budget to the voters by means of a ballot in the following
form:
“Article #1 (School Budget):
Shall the voters of the school district approve the school board to expend $ ______ , which is the amount the school board has determined to be necessary in excess of
the school district’s educational opportunity payment for the ensuing fiscal year?
The ______ District estimates that this proposed budget, if approved, will result in per pupil
supplemental district spending of $______ , which is______ % higher/lower than per pupil supplemental district spending for the current year,
and a supplemental district spending tax rate of ______ per $100.00 of equalized education property value.”
(12) Shall employ such persons as may be required to carry out the work of the school district
pursuant to the provisions of subdivision 242(3) of this title.
(13) [Repealed.]
(14) Shall provide, at the expense of the district, subject to the approval of the superintendent,
all text books, learning materials, equipment, and supplies.
(15) Shall exercise the general powers given to a legislative branch of a municipality.
(16) May execute contracts on behalf of the school district, including contracts providing
for binding arbitration, by its chair or any person designated whose appointment is
recorded in the minutes of the board.
(17), (18) [Repealed.]
(19) Shall allow any high school student who meets the academic requirements of the high
school to graduate and receive a diploma in less than four years.
(20) Shall establish policies and procedures designed to avoid the appearance of board
member conflict of interest.
(21) Shall have the authority to engage in short-term borrowing to cover the costs of those
portions of projects approved by the State Board and that will be reimbursed by the
State Board under sections 3447-3456 of this title but which payments will be delayed. However, the board shall borrow under this subdivision
only amounts that it would receive if the State Board could fund its obligation and
may borrow no earlier than the time it would have received the funds. The State shall
not pay for costs of borrowing funds under this subdivision.
(22) May apply for grants and may accept and expend grants or gifts. The board shall include,
in its annual report, a description of all grants or gifts accepted during the year
and associated expenditures.
(23) May, at the expense of the district, present informational materials to the electorate
on any matter to be voted. However, such materials shall be limited to those that
are reasonably designed to inform, educate, and explain to the electorate the board’s
position on the matter.
(24) Shall adopt a policy that, in accordance with rules adopted by the State Board of
Education, will integrate home study students into its schools through enrollment
in courses, participation in cocurricular and extracurricular activities, and use
of facilities.
(25) Shall, if it is a school board of a school district that maintains a secondary school,
upon request, award a high school diploma to any Vermont resident who served in the
military in World War II, the Korean War, or during the Vietnam era, was honorably
separated from active federal military service, and does not hold a high school diploma.
The State Board shall develop and make available an application form for veterans
who wish to request a high school diploma.
(26) [Repealed.]
(27) Annually, shall inform each secondary student and the student’s parents or guardians
of the right to opt out of the federal requirement that student contact information
be provided to military recruiters or institutions of higher education pursuant to
20 U.S.C. § 7908(a). A school board shall enable the secondary student and the student’s parents or guardians
to disallow provision of student contact information to either military recruiters
or institutions of higher education, while allowing provision of information to the
other. For purposes of this subdivision, “secondary student” means a student in grade
9, 10, 11, or 12.
(28) Annually, shall inform students and their parents or guardians of their options for
school choice under applicable laws or policy.
(29) Shall assign an employee to annually:
(A) inform parents of students with life-threatening allergies and life-threatening chronic
illnesses of applicable provisions of Section 504 of the Rehabilitation Act of 1973
and other applicable federal statutes, State statutes, federal regulations, and State
rules;
(B) inform appropriate school staff of their responsibilities; and
(C) provide necessary training to carry out these responsibilities.
(30) May make available school facilities and equipment for specified public purposes if
such purposes appear, in the judgment of the board, to be in the best interests of
the district and are an efficient, economical, and appropriate use of the facilities
and equipment.
(31) Subject to the requirements of section 571 of this title, may enter into contracts with other school boards to provide joint programs, services,
facilities, and professional or other staff.
(32) May enter into a contract or contracts with a school offering a distance learning
program that is approved by one or more accrediting agencies recognized by the U.S.
Department of Education or is approved in Vermont pursuant to subdivision 166(b)(6) of this title. (Added 1969, No. 298 (Adj. Sess.), § 40; amended 1971, No. 200 (Adj. Sess.); 1975, No. 48, § 6, eff. April 15, 1975; 1977, No. 33, § 1; 1979, No. 5; 1985, No. 71, § 3; 1987, No. 15, § 1; 1987, No. 68, § 5; 1987, No. 228 (Adj. Sess.), § 12; 1989, No. 143 (Adj. Sess.), § 2; 1989, No. 188 (Adj. Sess.), § 4; 1989, No. 202 (Adj. Sess.), § 3; 1991, No. 103, §§ 1, 2; 1991, No. 176 (Adj. Sess.), § 2; 1991, No. 196 (Adj. Sess.), § 2; 1995, No. 35, § 2; 1995, No. 62, § 62, eff. April 26, 1995; 1995, No. 155 (Adj. Sess.), §§ 2, 3; 1995, No. 185 (Adj. Sess.), §§ 7a, 7b, 68, eff. May 22, 1996; 1997, No. 83 (Adj. Sess.), § 8; 1997, No. 119 (Adj. Sess.), § 2, eff. April 27, 1998; 1999, No. 62, § 158b; 1999, No. 113 (Adj. Sess.), § 2; 1999, No. 152 (Adj. Sess.), § 277; 2001, No. 8, § 5; 2001, No. 118 (Adj. Sess.), § 2; 2003, No. 36, §§ 5, 19; 2003, No. 68, § 48, eff. June 18, 2003; 2003, No. 75 (Adj. Sess.), § 1; 2003, No. 114 (Adj. Sess.), § 3; 2003, No. 126 (Adj. Sess.), § 3, eff. July 1, 2005; 2005, No. 54, § 5; 2005, No. 127 (Adj. Sess.), § 2; 2005, No. 158 (Adj. Sess.), § 3; 2005, No. 182 (Adj. Sess.), §§ 3, 25; 2007, No. 23, § 1; 2007, No. 82, § 5; 2009, No. 44, §§ 4, 6, 8, 9, eff. May 21, 2009; 2009, No. 153 (Adj. Sess.), §§ 11, 12, eff. June 3, 2010; 2009, No. 153 (Adj. Sess.), § 21c; 2011, No. 58, § 1, eff. May 31, 2011; 2011, No. 129 (Adj. Sess.), §§ 23, 24, eff. July 1, 2013; 2015, No. 23, § 32; 2015, No. 46, § 33; 2015, No. 48, § 2; 2017, No. 49, § 27, eff. May 23, 2017; 2019, No. 131 (Adj. Sess.), § 64; 2021, No. 20, § 57; 2023, No. 183 (Adj. Sess.), § 9, eff. July 1, 2024; 2025, No. 73, § 41, contingently eff. July 1, 2028.)