Incorporated School Districts

V.S.A. tit. 16, ch. 9, subch. 2

in effect

16 V.S.A. § 471 Application of other laws

471. Application of other laws (a) The provisions of this title relating to the administration and maintenance of public schools; to school meetings and voting; to grand lists; to the raising and expending of school monies; to monies apportioned by the State Board; to sharing in other State aid; to the election, appointment, powers, duties, and liabilities of school officers; to elementary and higher instruction; to transportation, board, and attendance of students; to truancy and truant officers; to furnishing of textbooks and appliances; and to all other matters pertaining to schools in a town district, unless otherwise provided, and if not inconsistent with the rights granted by their charters, shall apply to schools maintained, similar school officers, and all matters pertaining to schools in incorporated school districts. (b) An incorporated school district, if it is so voted at an annual or special meeting duly warned for that purpose, may elect to be governed by any one or more provisions of this title in lieu of any inconsistent provisions of special legislation relating to such district. Provisions of this title adopted by a district shall continue to apply unless the vote is rescinded at an annual or special meeting duly warned for that purpose. Amended 2013, No. 92 (Adj. Sess.), § 49, eff. Feb. 14, 2014; 2019, No. 131 (Adj. Sess.), § 61.

16 V.S.A. § 472 Meetings; warnings

472. Meetings; warnings (a) A district may, if it so votes at its annual meeting on the first Tuesday in March, fix a different date for holding its annual meetings, provided the date is not earlier than March 15 nor later than June 30. A notice of the proposed change shall be inserted in the warning of the annual meeting upon the written request of five percent of the voters of the district. Special meetings shall be warned on the application of five percent of the voters of the district. (b) Meetings shall be warned by the clerk or, in case of his or her inability to act, by the prudential committee, by posting a notice specifying the time, place, and business of the meeting in two public places in the district at least seven days before the date of the meeting, and warnings shall be recorded before being posted. (c) When a person whose duty it is to warn a school meeting neglects to do so for ten days, after application made as provided in this section, he or she shall forfeit to the district $20.00 for each ten days’ neglect, to be recovered in an action on this statute. Amended 1975, No. 161 (Adj. Sess.); 2013, No. 92 (Adj. Sess.), § 50, eff. Feb. 14, 2014; 2019, No. 131 (Adj. Sess.), § 62.

16 V.S.A. § 473 Eligibility of voters

473. Eligibility of voters The moderator, clerk, and members of the prudential committee shall decide all questions as to the eligibility of a person to vote in a school meeting.

16 V.S.A. § 474 Records

474. Records The clerk shall keep a record of the votes and proceedings of the school district meetings and give certified copies thereof when required. A clerk who neglects to perform this duty shall forfeit $20.00 to the district, to be recovered in an action on this statute.

16 V.S.A. § 475 Statistical information

475. Statistical information Annually, on or before August 15, the prudential committee shall return to the Secretary answers to the statistical inquiries that he or she may address to them. Amended 1975, No. 48, § 4, eff. April 15, 1975; 2013, No. 92 (Adj. Sess.), § 51, eff. Feb. 14, 2014.

16 V.S.A. § 477 Merger of town and incorporated school districts

477. Merger of town and incorporated school districts (a) An incorporated school district, by a majority vote of the legal voters present and voting at any meeting legally warned, may surrender its charter as a corporation for the maintenance of public schools or such part of its charter as pertains to the maintenance of public schools. Such surrender shall take effect not later than July 1 following the vote so taken, and such school corporation shall cease to exist, and it shall become thereby a part of the town school district. In the event of any such merger notwithstanding the provisions of section 423 of this title, the directors of the incorporated school district holding office at the time of the merger shall become members of the board of school directors of the town school district and shall continue in that office until the expiration of the terms for which they were elected by the incorporated school district. (b) By a majority vote of the legal voters present and voting at any meeting legally warned, a town district may become a part of an incorporated district, provided the incorporated district, at a meeting legally warned, votes to accept such merger. Such merger shall take effect July 1 following the vote so taken. When such a merger has occurred, the incorporated district shall be considered a town district in all respects pertaining to the maintenance and administration of its public schools. (c) In case of a union of an incorporated district and a town district under either subsection (a) or (b) of this section, each district shall settle its own business affairs and pay all its indebtedness, except for repairs and new buildings, shall deposit its records with the town clerk, and shall no longer exist except for the settlement of its own pecuniary affairs. In effecting such settlement, a district may remain in existence for not more than five years for the purpose only of voting, assessing, and collecting a special tax annually to pay such indebtedness. Amended 1964, No. 7 (Sp. Sess.), eff. March 4, 1964.

16 V.S.A. § 478 Prudential committee; vacancies

478. Prudential committee; vacancies Unless the incorporated district has a provision in its charter to the contrary, when a vacancy occurs on a prudential committee, the remaining members shall appoint a person to fill the vacancy until the next annual or special meeting. The members shall choose the new member by majority vote of those present and voting. Added 2003, No. 112 (Adj. Sess.), § 1.

16 V.S.A. § 491 Election; notice to clerk

491. Election; notice to clerk At each annual meeting, an incorporated school district shall elect from among the legal voters of such district a moderator, collector, and treasurer and may elect a clerk. All school officers shall enter upon their duties on July 1, following their election or appointment. If a clerk is elected or appointed, then the clerk shall notify the town clerk within ten days of the election or appointment. Amended 2011, No. 129 (Adj. Sess.), § 21, eff. July 1, 2013.

16 V.S.A. § 492 Powers, duties, and liabilities; bonds

492. Powers, duties, and liabilities; bonds (a) The powers, duties, and liabilities of the collector, treasurer, prudential committee, and clerk shall be like those of a town collector, treasurer, board of school directors, and the school board clerk, respectively. (b) Before entering upon their duties, the collector and treasurer shall give a bond to the district conditioned for the faithful performance of their duties, in such sum as may be required. In lieu of taking a personal bond from a collector or treasurer, or both, a school district may choose to provide suitable crime insurance covering the collector or treasurer, or both. If a school district has not provided suitable crime insurance in lieu of a bond and a collector or treasurer for ten days neglects to give a bond as required, that office shall be vacant. Amended 2011, No. 129 (Adj. Sess.), § 22, eff. July 1, 2013; 2013, No. 92 (Adj. Sess.), § 52, eff. Feb. 14, 2014; 2021, No. 166 (Adj. Sess.), § 11, eff. June 1, 2022.

16 V.S.A. § 493 Moderator

493. Moderator The moderator shall preside at such district meetings; and, in his or her absence, a moderator pro tempore shall be chosen to preside. Amended 2013, No. 92 (Adj. Sess.), § 53, eff. Feb. 14, 2014.

16 V.S.A. § 494 Collector of taxes

494. Collector of taxes The district may elect the collector of town taxes to be collector of taxes for the district, although he or she is not an inhabitant of that district. When a collector accepts the office, he or she shall do so in writing, and the acceptance shall be recorded by the clerk. Amended 2013, No. 92 (Adj. Sess.), § 54, eff. Feb. 14, 2014.

16 V.S.A. § 495 Vacancies

495. Vacancies (a) When a vacancy occurs in the office of a district officer, the district shall fill the vacancy at a special meeting. (b) A vacancy occurring in the office of clerk of an incorporated school district caused by death, resignation, or otherwise shall be filled by the prudential committee within ten days after such vacancy occurs.

16 V.S.A. § 496 Books and papers to be turned over to successor

496. Books and papers to be turned over to successor When a district office becomes vacant by expiration of the term of office of the incumbent or otherwise, and a successor is elected or appointed, the successor shall, on demand, be entitled to receive the books and papers of the office from the last incumbent or anyone having the books and papers in his or her possession. A person having books or papers in his or her possession who refuses for ten days, after demand, to surrender them to the successor shall be fined $10.00. Amended 2013, No. 92 (Adj. Sess.), § 55, eff. Feb. 14, 2014.

16 V.S.A. § 511 Budget

511. Budget (a) At a meeting legally warned for that purpose, the electorate within an incorporated school district shall vote such sums of money as it deems necessary for the support of schools. If the sums are not approved or acted upon at the annual meeting, the electorate shall vote the questions at a duly warned special school district meeting. A district may vote money necessary for the support of schools to the end of the full school year next ensuing. (b) If the electorate of an incorporated school district votes for its budget by Australian ballot, it shall do so using ballot language jointly developed by the Secretary of Education and Secretary of State and adopted by the State Board by rule. Amended 1981, No. 133 (Adj. Sess.), § 1, eff. April 2, 1982; 1997, No. 60, § 27, eff. July 1, 1998; 1997, No. 71 (Adj. Sess.), §§ 2, 84, eff. March 11, 1998, § 72, eff. Jan. 1, 1999; 1999, No. 1, § 60d, eff. March 31, 1999; 1999, No. 152 (Adj. Sess.), § 166b; 2003, No. 36, § 4; 2003, No. 68, § 2; 2013, No. 92 (Adj. Sess.), § 56, eff. Feb. 14, 2014.

16 V.S.A. § 512 Payment of monies collected to treasurer

512. Payment of monies collected to treasurer On the written request of one or more members of the prudential committee, a school district tax collector shall pay to the treasurer monies belonging to the district that have been collected to the date of the request and submit his or her tax book and list to the treasurer for inspection and computation. A tax collector who neglects to do so within ten days after receiving the request shall forfeit to the school district $100.00, to be recovered in an action on this statute, and the office of tax collector shall be vacant. Amended 2013, No. 92 (Adj. Sess.), § 57, eff. Feb. 14, 2014.

16 V.S.A. § 514 Abatement

514. Abatement The officers of the district, except the tax collector, shall be a board for the abatement of district taxes, and it shall have the same power that the board for the abatement of town taxes has in the abatement of municipal taxes. On request of the tax collector, the prudential committee shall call a meeting of the board in the month of February in each year, by posting a notice in three public places in the district at least five days before the meeting. Amended 2013, No. 92 (Adj. Sess.), § 58, eff. Feb. 14, 2014.

16 V.S.A. § 515 Payment of a deficit

515. Payment of a deficit When a demand is made upon a district for the payment of an execution issued against it and the district has no available funds to pay the same, the prudential committee shall borrow funds sufficient to pay such execution and related charges and shall add the debt to the following year’s adopted budget pursuant to 24 V.S.A. § 1523(b). Amended 1997, No. 71 (Adj. Sess.), § 108, eff. March 11, 1998.

Source: Vermont General Assembly (legislature.vermont.gov)URL: https://legislature.vermont.gov/statutes/chapter/16/009Fetched: 10/21/2026