§ 4001. Definitions
As used in this chapter:
[Subdivision (1) effective until contingency met; see also subdivision (1) effective
July 1, 2028 if contingency met, set out below.]
(1) “Average daily membership” of a school district or, if needed in order to calculate
the appropriate homestead tax rate, of the municipality as defined in 32 V.S.A. § 5401(9), in any year means:
(A) The full-time equivalent enrollment of students, as defined by the State Board by
rule, who are legal residents of the district or municipality attending a school owned
and operated by the district, attending a public school outside the district under
section 822a of this title, or for whom the district pays tuition to one or more approved independent schools
or public schools outside the district during the annual census period. The census
period consists of the 11th day through the 30th day of the school year in which school
is actually in session.
(B) The full-time equivalent enrollment in the year before the last census period, of
any State-placed students as defined in subdivision 11(a)(28) of this title. A school district that provides for the education of its students by paying tuition
to an approved independent school or public school outside the district shall not
count a State-placed student for whom it is paying tuition for purposes of determining
average daily membership. A school district that is receiving the full amount, as
defined by the State Board by rule, of the student’s education costs under subsection 2950(a) of this title shall not count the student for purposes of determining average daily membership.
A State-placed student who is counted in average daily membership shall be counted
as a student for the purposes of determining weighted student count.
(C) The full-time equivalent enrollment for each prekindergarten child as follows: If
a child is enrolled in 10 or more hours of prekindergarten education per week or receives
10 or more hours of essential early education services per week, the child shall be
counted as one full-time equivalent pupil. If a child is enrolled in six or more but
fewer than 10 hours of prekindergarten education per week or if a child receives fewer
than 10 hours of essential early education services per week, the child shall be counted
as a percentage of one full-time equivalent pupil, calculated as one multiplied by
the number of hours per week divided by ten. A child enrolled in prekindergarten education
for fewer than six hours per week shall not be included in the district’s average
daily membership. There is no limit on the total number of children who may be enrolled
in prekindergarten education or who receive essential early education services.
[Subdivision (1) effective July 1, 2028 if contingency met; see also subdivision (1)
effective until contingency met, set out above.]
(1) “Average daily membership” of a school district in any year means:
(A) The full-time equivalent enrollment of students, as defined by the State Board by
rule, who are legal residents of the district or municipality attending a school owned
and operated by the district, attending a public school outside the district under
section 822a of this title, or for whom the district pays tuition to one or more approved independent schools
or public schools outside the district during the annual census period. The census
period consists of the 11th day through the 30th day of the school year in which school
is actually in session.
(B) The full-time equivalent enrollment in the year before the last census period, of
any State-placed students as defined in subdivision 11(a)(28) of this title. A school district that provides for the education of its students by paying tuition
to an approved independent school or public school outside the district shall not
count a State-placed student for whom it is paying tuition for purposes of determining
average daily membership. A school district that is receiving the full amount, as
defined by the State Board by rule, of the student’s education costs under subsection 2950(a) of this title shall not count the student for purposes of determining average daily membership.
A State-placed student who is counted in average daily membership shall be counted
as a student for the purposes of determining weighted student count.
(C) The full-time equivalent enrollment for each prekindergarten child as follows: If
a child is enrolled in 10 or more hours of prekindergarten education per week or receives
10 or more hours of essential early education services per week, the child shall be
counted as one full-time equivalent pupil. If a child is enrolled in six or more but
fewer than 10 hours of prekindergarten education per week or if a child receives fewer
than 10 hours of essential early education services per week, the child shall be counted
as a percentage of one full-time equivalent pupil, calculated as one multiplied by
the number of hours per week divided by ten. A child enrolled in prekindergarten education
for fewer than six hours per week shall not be included in the district’s average
daily membership. There is no limit on the total number of children who may be enrolled
in prekindergarten education or who receive essential early education services.
(2) “Equalized grand list” has the same meaning that equalized education property tax
grand list has in 32 V.S.A. chapter 135.
(3)-(5) [Repealed.]
[Subdivision (6) repealed July 1, 2028 if contingency met.]
(6) “Education spending” means the amount of the school district budget, any assessment
for a joint contract school, career technical center payments made on behalf of the
district under subsection 1561(b) of this title, and any amount added to pay a deficit pursuant to 24 V.S.A. § 1523(b) that is paid for by the school district, but excluding any portion of the school
budget paid for from any other sources such as endowments, parental fundraising, federal
funds, nongovernmental grants, or other State funds such as special education funds
paid under chapter 101 of this title.
(A) [Repealed.]
(B) For all bonds approved by voters prior to July 1, 2024, voter-approved bond payments
toward principal and interest shall not be included in “education spending” for purposes
of calculating excess spending pursuant to 32 V.S.A. § 5401(12).
(7) “Long-term membership” of a school district in any school year means the:
(A) average of the district’s average daily membership, excluding full-time equivalent
enrollment of State-placed students, over two school years, the latter of which is
the current school year, plus
(B) full-time equivalent enrollment of State-placed students for the most recent of the
two years.
(8) [Repealed.]
(9) “Public school” means an elementary school or secondary school for which the governing
board is publicly elected. A public school may maintain evening or summer school for
its students and it shall be considered a public school.
(10) “School district” means a town school district, city school district, incorporated
school district, the member school districts of an interstate school district, a union
school district, a unified union district, or an unorganized town or gore.
(11) “School year” means a year beginning on July 1 and ending on the following June 30.
(12) “Weighted long-term membership” of a school district in any school year means the
long-term membership adjusted pursuant to section 4010 of this title.
[Subdivision (13) effective until contingency met; see also subdivision (13) effective
July 1, 2028 if contingency met, set out below.]
(13) “Base education amount” means a number used to calculate categorical grants awarded
under this title that is equal to $6,800.00 per equalized pupil, adjusted as required
under section 4011 of this title.
[Subdivision (13) effective July 1, 2028 if contingency met; see also subdivision (13)
effective until contingency met, set out above.]
(13) “Categorical base amount” means a number used to calculate categorical grants awarded
under this title that is equal to $6,800.00 per equalized pupil, adjusted as required
under section 4011 of this title.
[Subdivision (14) repealed July 1, 2028 if contingency met.]
(14) “Per pupil education spending” of a school district in any school year means the per
pupil education spending of that school district as determined under subsection 4010(f) of this title.
(15) “Prekindergarten child” means a three- or four-year-old child who is enrolled in a
prekindergarten program offered by or through a school district pursuant to rules
adopted under section 829 of this title or who is receiving essential early education services offered pursuant to section 2956 of this title. Prekindergarten child also means a five-year-old child who otherwise meets the terms
of this definition if that child is not yet eligible for or enrolled in kindergarten.
[Subdivision (16) effective July 1, 2028 if contingency met.]
(16) “Base amount” means a per pupil cost-factor amount of $15,033.00, which shall be adjusted
for inflation annually on or before November 15 by the Secretary of Education. As
used in this subdivision, “adjusted for inflation” means adjusting the base dollar
amount by the National Income and Product Accounts (NIPA) implicit price deflator
for state and local government consumption expenditures and gross investment published
by the U.S. Department of Commerce, Bureau of Economic Analysis, from fiscal year
2025 through the fiscal year for which the amount is being determined, and rounding
upward to the nearest whole dollar amount.
[Subdivision (17) effective July 1, 2028 if contingency met.]
(17) “Educational opportunity payment” means the base amount multiplied by the school district’s
weighted long-term membership as determined under section 4010 of this title. (Added 1997, No. 60, § 18, eff. July 1, 1998; amended 1997, No. 71 (Adj. Sess.), § 117, eff. March 11, 1998; 1999, No. 152 (Adj. Sess.), § 166b; 2001, No. 8, § 15; 2003, No. 68, § 15, eff. June 18, 2003; 2003, No. 68, § 25; 2003, No. 130 (Adj. Sess.), § 10; 2005, No. 182 (Adj. Sess.), § 8; 2007, No. 62, §§ 4, 6; 2007, No. 66, § 16; 2007, No. 66, § 17, eff. July 1, 2009; 2007, No. 132 (Adj. Sess.), §§ 4, 5; 2009, No. 44, §§ 16, 20, 30, eff. May 21, 2009; 2009, No. 156 (Adj. Sess.), § E.500.1, eff. June 3, 2010; 2011, No. 38, § 1, eff. May 19, 2011; 2011, No. 45, § 13d, eff. May 24, 2011; 2011, No. 58, § 17, eff. May 31, 2011; 2011, No. 129 (Adj. Sess.), § 35; 2011, No. 156 (Adj. Sess.), § 23; 2013, No. 179 (Adj. Sess.), § E.514.5; 2015, No. 46, §§ 26, 34; 2015, No. 132 (Adj. Sess.), § 3, eff. July 1, 2017; 2017, No. 173 (Adj. Sess.), § 15, eff. July 1, 2019; 2019, No. 66, § 2, eff. June 17, 2019; 2021, No. 73, § 18; 2021, No. 127 (Adj. Sess.), § 24, eff. July 1, 2024; 2023, No. 183 (Adj. Sess.), § 20, eff. July 1, 2024; 2025, No. 73, § 34, contingently eff. July 1, 2028.)