§ 4028. Fund payments to school districts
[Subsection (a) effective until contingency met; see also subsection (a) effective
July 1, 2028 if contingency met, set out below.]
(a) On or before September 10, December 10, and April 30 of each school year, one-third
of the education spending payment under section 4011 of this title shall become due to school districts, except that districts that have not adopted
a budget by 30 days before the date of payment under this subsection shall receive
one-quarter of the base education amount and upon adoption of a budget shall receive
additional amounts due under this subsection.
[Subsection (a) effective July 1, 2028 if contingency met; see also subsection (a)
effective until contingency met, set out above.]
(a) On or before September 10, December 10, and April 30 of each school year, one-third
of each school district’s educational opportunity payment as determined under subsection
4010(f) of this chapter and supplemental district spending, as defined in 32 V.S.A. § 5401, shall become due to school districts.
(b) Payments made for special education under chapter 101 of this title, for career technical
education under chapter 37 of this title, and for other aid and categorical grants
paid for support of education shall also be from the Education Fund.
[Subsection (c) repealed July 1, 2028 if contingency met.]
(c)(1) Any district that has adopted a school budget that includes high spending, as defined
in 32 V.S.A. § 5401(12), shall, upon timely notice, be authorized to use a portion of its high spending penalty
to reduce future education spending:
(A) by entering into a contract with an operational efficiency consultant or a financial
systems consultant to examine issues such as transportation arrangements, administrative
costs, staffing patterns, and the potential for collaboration with other districts;
(B) by entering into a contract with an energy or facilities management consultant; or
(C) by engaging in discussions with other school districts about reorganization or consolidation
for better service delivery at a lower cost.
(2) To the extent approved by the Secretary, the Agency shall pay the district from the
property tax revenue to be generated by the high spending increase to the district’s
spending adjustment as estimated by the Secretary, up to a maximum of $5,000.00. For
the purposes of this subsection, “timely notice” means written notice from the district
to the Secretary by September 30 of the budget year. If the district enters into a
contract with a consultant pursuant to this subsection, the consultant shall not be
an employee of the district or of the Agency. A copy of the consultant’s final recommendations
or a copy of the district’s recommendations regarding reorganization, as appropriate,
shall be submitted to the Secretary, and each affected town shall include in its next
town report an executive summary of the consultant’s or district’s final recommendations
and notice of where a complete copy is available. No district is authorized to obtain
funds under this section more than one time in every five years.
(d) The Joint Fiscal Office shall prepare a fiscal note for any legislation that requires
a supervisory union or school district to perform any action with an associated cost,
but does not provide money or a funding mechanism for fulfilling that obligation.
Any fiscal note prepared under this subsection shall be completed not later than the
date that the legislation is considered for a vote in the first committee to which
it is referred. (Added 1997, No. 60, § 18, eff. July 1, 1998; amended 1997, No. 71 (Adj. Sess.), § 70, eff. July 1, 1999; 1997, No. 71 (Adj. Sess.),§ 118, eff. March 11, 1998; 1997, No. 147 (Adj. Sess.), § 159(b); 1999, No. 152 (Adj. Sess.), § 166b; 2003, No. 68, § 20, eff. June 18, 2003; 2005, No. 38, § 10, eff. June 2, 2005; 2007, No. 66, § 10; 2009, No. 44, § 19, eff. May 21, 2009; 2013, No. 92 (Adj. Sess.), § 243, eff. Feb. 14, 2014; 2013, No. 174 (Adj. Sess.), § 68, eff. June 4, 2014; 2015, No. 23, § 41; 2021, No. 20, § 71; 2023, No. 183 (Adj. Sess.), § 24, eff. July 1, 2024; 2025, No. 73, § 40, contingently eff. July 1, 2028.)