General Provisions

V.S.A. tit. 16, ch. 101, subch. 1

in effect

16 V.S.A. § 2941 Policy and purpose

2941. Policy and purpose It is the policy of the State to ensure equal educational opportunities for all children in Vermont. This means that children with disabilities are entitled to receive a free appropriate public education. The purpose of this chapter is to enable the Agency to ensure the provision of special education services and supports in accordance with individualized education programs necessary to meet the needs of children with disabilities. Amended 1965, No. 152, § 1; 1987, No. 235 (Adj. Sess.), § 2; 1995, No. 157 (Adj. Sess.), § 22; 1997, No. 60, § 29a, eff. July 1, 1998; 2013, No. 92 (Adj. Sess.), § 195, eff. Feb. 14, 2014; 2017, No. 173 (Adj. Sess.), § 5, eff. July 1, 2022.

16 V.S.A. § 2942 Definitions

2942. Definitions As used in this chapter (1) “Child with a disability” means any child in Vermont eligible under State rules to receive special education. (2) “Special education” means, to the extent required by federal law, specially designed instruction, at no cost to parents or guardian, to meet the unique educational needs of a child with a disability, including classroom instruction, instruction in physical education, home instruction, and instruction in hospitals and institutions. The term includes “related services” as defined in federal law. (3) “Essential early education” means the education of children with disabilities prior to legal school age for the early acquisition of fundamental skills. (4) “Federal law” means the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400-1485, and its implementing regulations, as amended from time to time. (5) “Residential placement” means the placement of an eligible child, as part of an individualized education program, in a 24-hour residential facility within or outside Vermont that provides educational services consistent with the child’s program. (6) “Individualized education program” means a program established for an eligible child pursuant to 20 U.S.C. § 1401(19) and the implementing federal regulations and State rules. (7) “Unilateral placement” means a placement of a child eligible for special education by a person or persons having legal custody of the child in an educational placement other than one recommended by the child’s duly constituted individualized education program team as defined in 20 U.S.C. § 1401(19). (8) A “student who requires additional support” means a student: (A) who is on an individualized education program; (B) who is on a section 504 plan under the Rehabilitation Act of 1973, 29 U.S.C. § 794; (C) who is not on an individualized education program or section 504 plan but whose ability to learn is negatively impacted by a disability or by social, emotional, or behavioral needs, or whose ability to learn is negatively impacted because the student is otherwise at risk; (D) for whom English is not the primary language; or (E) who reads below grade level. Amended 1965, No. 152, § 2; 1971, No. 207 (Adj. Sess.), § 1; 1987, No. 235 (Adj. Sess.), § 3; 1989, No. 107, § 1; 1995, No. 157 (Adj. Sess.), § 22; 1999, No. 117 (Adj. Sess.), § 4; 2013, No. 92 (Adj. Sess.), § 196, eff. Feb. 14, 2014; 2013, No. 96 (Adj. Sess.), § 78; 2017, No. 173 (Adj. Sess.), § 5, eff. July 1, 2022; 2019, No. 131 (Adj. Sess.), § 109.

16 V.S.A. § 2943 Secretary of Education for children with disabilities; powers

2943. Secretary of Education for children with disabilities; powers The Secretary of Education, by virtue of the office, shall be Secretary of Education for children with disabilities and shall superintend all matters relating to the essential early education and special education of children with disabilities. In addition, the Secretary, in coordination with the Department of Mental Health, the Department of Disabilities, Aging, and Independent Living, and the Department for Children and Families, shall ensure that appropriate educational services are provided to children and adolescents with a severe emotional disturbance in accordance with the provisions of 33 V.S.A. chapter 43 and may accept gifts, grants, or other donations to carry out the purpose of this chapter. Amended 1987, No. 235 (Adj. Sess.), § 4; 1987, No. 264 (Adj. Sess.), § 5; 1989, No. 187 (Adj. Sess.), § 5; 1995, No. 157 (Adj. Sess.), § 22; 2011, No. 58, § 13, eff. May 31, 2011; 2013, No. 92 (Adj. Sess.), § 197, eff. Feb. 14, 2014.

16 V.S.A. § 2944 Special education

2944. Special education (a)-(c) [Repealed.] (d) The Secretary with the advice of the State Board may make grants for programs and may make grants, subject to conditions the Secretary shall establish, to persons whom he or she finds qualified for either part-time or full-time study in programs designed to qualify them as special education personnel. (e) Within the limits of the funds made available for the purposes of this chapter, the Secretary may provide for the extension of special education to a person with a disability, having attained the age of 21, in order to complete a program of special education in which the person has participated. Reimbursement and State aid provisions of this chapter shall apply to individuals provided education under this subsection. (f) The State Board of Education shall, by rule, require that whenever an individual education program requires related services, the program shall include a statement that the team has made the determination that the services are necessary consistent with the requirements of 34 C.F.R. § 300.16, as amended from time to time. (g) Any public or approved independent secondary school receiving State education funds shall allow an enrolled student to choose to participate in the graduation ceremony and senior year activities of the student’s peers if: (1) the student is receiving specialized instruction or services, from or through the school, described in an individualized education program (“IEP”) or a Section 504 plan; (2) under the IEP or Section 504 plan, the student will need to remain enrolled in the school after that graduation ceremony in order to complete his or her secondary education, including special education and transition services; and (3) the student, as a result of his or her disability or impairment, needs to remain enrolled in the school after that graduation ceremony in order to complete his or her secondary education. (h) A school shall not be required to permit a student to participate in a graduation ceremony or senior year activities pursuant to subsection (g) of this section if the student has not met graduation requirements for reasons that are wholly unrelated to the student’s disability. (i) A student who participates in a graduation ceremony pursuant to subsection (g) of this section shall not receive a diploma as part of that ceremony, but shall receive a certificate of recognition in a form determined by the school. If on an IEP, the student shall receive a regular high school diploma upon satisfactory completion of all necessary graduation requirements and at a time determined by the IEP team. If on a Section 504 plan, the student shall receive a regular high school diploma upon satisfactory completion of all necessary graduation requirements. Unless a school determines otherwise, a student may participate in no more than one graduation ceremony. (j) A student’s participation in a graduation ceremony pursuant to subsection (g) of this section shall not affect or limit the student’s eligibility for special education services, related services, transition services, or Section 504 services following the ceremony. Amended 1967, No. 73, § 1; 1969, No. 172 (Adj. Sess.), § 1; 1971, No. 207 (Adj. Sess.), § 2; 1977, No. 14; 1977, No. 194 (Adj. Sess.), §§ 2, 3; 1987, No. 235 (Adj. Sess.), § 11(1)-(3); 1995, No. 157 (Adj. Sess.), § 22; 1997, No. 60, § 10, eff. June 26, 1997; 2009, No. 153 (Adj. Sess.), § 22, eff. June 3, 2010; 2013, No. 92 (Adj. Sess.), § 198, eff. Feb. 14, 2014.

16 V.S.A. § 2945 State Advisory Panel on Special Education

2945. State Advisory Panel on Special Education (a) The State Advisory Panel on Special Education (Panel) is created to provide guidance with respect to special education and related services for children with disabilities in the State. Members of the Panel shall be appointed by the Governor, with the advice of the Secretary of Education. The Panel shall perform its duties, and members of the Panel shall be appointed, in accordance with federal law. In addition to members appointed to the Panel to satisfy the requirements under federal law, the members of the Panel shall include a representative of each body designated by the State under federal law as the Parent Training and Information Center and the Protection and Advocacy System. The total number of members on the Panel shall not exceed 37 members. (b) The Panel shall elect an executive committee from among its members. The executive committee shall be composed of seven members of the Panel, one of whom shall be the chair of the Panel. A majority of the members of the executive committee shall be individuals with disabilities or parents of children with disabilities (ages birth through 26 years of age). The executive committee shall call meetings of the Panel and shall direct the work of the Panel. (c) The Panel shall advise both the Agency of Education and the State Board of Education on those matters upon which the Panel is required, under federal law, to advise the State Education Agency. (d) Members of the Panel shall be entitled to per diem compensation and reimbursement of expenses as permitted under 32 V.S.A. § 1010. Amended 1961, No. 36, eff. March 24, 1961; 1967, No. 73, § 2; 1971, No. 207 (Adj. Sess.), § 3; 1977, No. 167 (Adj. Sess.), § 1, eff. March 31, 1978; 1995, No. 157 (Adj. Sess.), §§ 10, 22; 2003, No. 36, § 16; 2011, No. 58, § 4, eff. May 31, 2011; 2011, No. 129 (Adj. Sess.), § 14, eff. May 11, 2012; 2013, No. 92 (Adj. Sess.), § 199, eff. Feb. 14, 2014; 2017, No. 49, § 33, eff. May 23, 2017; 2019, No. 97 (Adj. Sess.), § 1, eff. April 28, 2020.

16 V.S.A. § 2948 State aid

2948. State aid (a) For the payment of general State aid, children with disabilities shall be counted in the same manner as children who do not have disabilities. (b) [Repealed.] (c) Each supervisory union shall receive an essential early education grant each school year. Grants shall be distributed according to the estimated number of children from three through five years of age. The State Board by rule shall encourage coordination of services and may set other terms of the grant. Each supervisory union shall be responsible for the remainder of the costs of providing necessary services under section 2956 of this title. Annually, for each following fiscal year, the essential early education grant shall be increased by the most recent cumulative price index, as of November 15, for State and local government purchases of goods and services from fiscal year 2002 through that following fiscal year, as provided through the State’s participation in the New England Economic Project. (d), (e) [Repealed.] (f) If a student is being provided education or special education or both in a school operated by the Department of Corrections, the Department of Corrections shall serve the student as if the Department were the school district of residence of the student. (g) Notwithstanding any law to the contrary, a child with a disability who is residing in a State school, hospital, or community residential facility or in a State-approved private residential facility shall be provided special education in accordance with this chapter by the supervisory union in which the facility is located; provided, however, that this special education may be directly provided by the facility in which the child resides when the child’s individualized education program and treatment plans indicate that the facility is the most appropriate educational placement for the child. Programs of special education provided by a facility described in this subsection shall be subject to the approval of the Secretary. (h)-(j) [Repealed.] (k) For the costs of students in the custody of the Department of Corrections, the Secretary of Education shall pay for the costs of special education in accordance with the provisions of 28 V.S.A. § 120. (l) [Repealed.] (m) All other State aid to supervisory unions shall be set forth in subchapter 2 of this chapter. (n) If a student is being provided education or special education, or both, in a school operated by the Department for Children and Families, the funding and provision of services shall be the responsibility of the Department for Children and Families and special education procedural responsibility shall be the responsibility of the supervisory union for the school district of residence of the student’s parent, parents, or guardian. Amended 1961, No. 83; 1969, No. 172 (Adj. Sess.), § 2; 1971, No. 207 (Adj. Sess.), § 4; 1977, No. 194 (Adj. Sess.), §§ 4, 5; 1981, No. 170 (Adj. Sess.), § 6a, eff. April 19, 1982; 1987, No. 235 (Adj. Sess.), §§ 5, 11(6); 1989, No. 107, §§ 2, 3, 12; 1989, No. 230 (Adj. Sess.), § 13, eff. July 1, 1991; 1995, No. 157 (Adj. Sess.), § 6, eff. July 1, 1997; 1995, No. 157 (Adj. Sess.), §§ 22, 30(a)(5), (c); 2001, No. 63, § 170c; 2005, No. 182 (Adj. Sess.), § 7; 2011, No. 58, §§ 14, 15, eff. May 31, 2011; 2013, No. 92 (Adj. Sess.), § 200, eff. Feb. 14, 2014; 2015, No. 148 (Adj. Sess.), § 1, eff. July 1, 2017.

16 V.S.A. § 2949 Reciprocal agreements with other states

2949. Reciprocal agreements with other states The State Board of Education, with the approval of the Attorney General, is authorized to enter into reciprocal agreements with the boards of education in other states to share in the expense of securing the services of specialists or persons skilled in the education of children with disabilities. Amended 1995, No. 157 (Adj. Sess.), § 22; 2015, No. 148 (Adj. Sess.), § 1.

16 V.S.A. § 2950 State-placed students

2950. State-placed students (a) Supervisory union reimbursement. The supervisory union in which there is a school district responsible for educating a State-placed student under section 1075 of this title may claim and the Secretary shall reimburse 100 percent of all special education costs for the student, including costs for mainstream services. As a condition of receiving this reimbursement, the supervisory union shall provide documentation in support of its claim, sufficient to enable the Secretary to determine whether to recommend appropriate cost-saving alternatives. The Secretary may approve any costs incurred in educating a State-placed student who is not eligible for special education that are incurred due to the special needs of the student, and, if approved, the Secretary shall pay those costs. When a State agency places and registers a student in a new district, the district and the supervisory union of which it is a member may request and the Agency of Education or the agency that placed the student, or both, shall provide prompt consultative and technical assistance to the receiving district and the supervisory union. (b) Residential payments. (1) For a student in the care and custody of the Commissioner for Children and Families who is placed in a 24-hour residential facility within or outside Vermont, the Secretary of Education shall pay the education costs, and the Commissioner for Children and Families shall arrange for the payment of the remainder of the costs. However, if the State interagency team, as defined in 33 V.S.A. § 4302, finds such placement inappropriate for the student’s education needs, then the Secretary of Education shall pay none of the education costs of the placement and the Commissioner for Children and Families shall arrange for the payment of the full cost of the placement. (2) For a student who is placed in a 24-hour residential facility within or outside Vermont by a Vermont licensed child placement agency, a designated community mental health agency, any other agency as defined by the Secretary of Education, or a Vermont State agency or department other than the Department of Corrections or the Department for Children and Families, the Secretary of Education shall pay the education costs and the agency or department in whose care the student is placed shall arrange for the payment of the remainder of the costs. However, if the State interagency team, as defined in 33 V.S.A. § 4302, finds such placement inappropriate for the student’s education needs, then the Secretary shall pay none of the education costs of the placement and the agency or department in whose care the student is placed shall arrange for payment of the full cost of the placement. This subdivision does not apply to a student for whom a residential placement is: (A) specified in the student’s individualized education program; and (B) funded in collaboration with another agency. (c) Out-of-state placement. For a State-placed student who is placed outside Vermont and who is attending a public school outside Vermont, the Secretary of Education shall pay the education costs for the student. Added 1995, No. 157 (Adj. Sess.), § 11; amended 1995, No. 157 (Adj. Sess.), § 28, eff. July 1, 1997; 1997, No. 60, § 11, eff. June 26, 1997; 2001, No. 8, § 11; 2007, No. 82, § 23, eff. July 1, 2008; 2011, No. 58, § 16, eff. May 31, 2011; 2013, No. 92 (Adj. Sess.), § 201, eff. Feb. 14, 2014; 2015, No. 148 (Adj. Sess.), § 1, eff. July 1, 2017.

16 V.S.A. § 2955 Confidential information

2955. Confidential information Nothing in 12 V.S.A. § 1612(a) shall apply to this chapter. Added 1981, No. 221 (Adj. Sess.), § 2.

16 V.S.A. § 2956 Essential early education

2956. Essential early education After June 30, 1991, all eligible children with disabilities three through five years of age shall have access to appropriate essential early education services. Added 1987, No. 68, § 4; amended 1989, No. 230 (Adj. Sess.), § 11; 1995, No. 157 (Adj. Sess.), § 22.

16 V.S.A. § 2957 Special education administrative and judicial appeals; limitations

2957. Special education administrative and judicial appeals; limitations (a) An action against a local, intermediate, or State education agency seeking enforcement of special education rights under State or federal law shall be commenced by an administrative due process hearing within two years of the alleged violation or within two years of the date the alleged violation is or reasonably should have been discovered, and not after. (b) Subsection (a) of this section notwithstanding, an action against a local, intermediate, or State education agency for reimbursement of the costs of a unilateral special education placement shall be commenced by an administrative due process hearing within 90 days of the unilateral placement, and not after. (c) Where the parent, legal guardian, or surrogate parent has not been given proper notice of special education rights under State and federal law, including notice of the limitations in this section, such limitations shall run from the time notice of those rights is properly given. (d) An appeal from a final administrative decision in a special education due process hearing to a court of competent jurisdiction pursuant to 20 U.S.C. § 1415(i)(2) shall be commenced within 90 days from the notice of the final decision, and not after. (e) Except as provided in 20 U.S.C. § 1412(a)(10)(C) or unless a court or hearing officer determines otherwise, where a unilateral placement has been made without offering the supervisory union for the school district of residence a reasonable opportunity to evaluate the child and to develop an individualized education program, reimbursement may not be sought for any costs incurred before the supervisory union is offered such an opportunity. Added 1989, No. 107, § 4; amended 2001, No. 8, § 12; 2003, No. 36, § 17; 2005, No. 54, § 15; 2015, No. 148 (Adj. Sess.), § 1, eff. July 1, 2017.

16 V.S.A. § 2958 Residential Placement Review Team; residential placements

2958. Residential Placement Review Team; residential placements (a) A supervisory union shall notify the parents and the Secretary when it believes residential placement is a possible option for inclusion in a child’s individualized education program. (b) The Secretary may establish from within the Agency a Residential Placement Review Team. At the discretion of the Secretary, other persons not employed by the Agency may be appointed to serve on the Team. The Team shall make every effort to assist supervisory unions and parents in understanding the range of educational options available as early as possible in the planning process for the child. The Team shall: (1) advise supervisory unions on alternatives to residential placement; (2) review each individualized education program calling for residential placement of a student to consider whether the student can be educated in a less restrictive environment; (3) assist supervisory unions in locating cost-effective and appropriate residential facilities where necessary; (4) request a new individualized education program where it believes that appropriate alternatives to residential placement are available; and (5) offer mediation as a means of resolving disputes relating to the need for residential placement or the particular residential facility recommended for a child with a disability. (c) The State Board shall by rule establish policies and procedures for the operations of the Residential Placement Review Team. The rules shall be consistent with federal law and, at minimum, shall include the following: (1) provision for the Secretary to initiate a due process proceeding to challenge the need for residential placement where the team believes that a less restrictive educational placement is both available and appropriate for the child with a disability, and to reimburse the supervisory union and the parents or guardian of the child for reasonable costs and attorney’s fees in the event the Secretary does not prevail; (2) provision for technical assistance, a plan for correction, or withholding of funds under this section where a supervisory union places a child in a residential facility more expensive than an available and appropriate alternative residential facility; however, such withholding of funds shall not exceed the difference between the cost of the two facilities and the rule shall provide an opportunity for appeal of the withholding; and (3) procedures and timelines to ensure that residential placement of a child with disabilities is not delayed or disrupted so as to adversely affect the child. (d) Whenever a residential placement is determined to be necessary and appropriate for a child with a disability, the Residential Placement Review Team shall include in the child’s individualized education program goals and objectives designed to reintegrate the child into a local school district. (e) Costs for residential placement shall be reimbursed under subchapter 2 of this chapter only if the residential facility is approved by the State Board for the purposes of providing special education and related services to children with disabilities. Added 1989, No. 107, § 5; amended 1995, No. 157 (Adj. Sess.), § 22; 2013, No. 92 (Adj. Sess.), § 202, eff. Feb. 14, 2014; 2015, No. 148 (Adj. Sess.), § 1, eff. July 1, 2017; 2017, No. 173 (Adj. Sess.), § 7, eff. May 25, 2018.

16 V.S.A. § 2959 Rulemaking; mediation

2959. Rulemaking; mediation (a) The State Board shall adopt rules governing the determination of a child’s eligibility for special education, accounting and financial reporting standards, program requirements, procedural requirements, and the identification of the supervisory union or agency responsible for each child with a disability. (b) Subject to rules established by the State Board, the Secretary shall offer mediation to parents, children with disabilities, and districts, supervisory unions, and agencies involved in special education disputes. Added 1987, No. 235 (Adj. Sess.), § 6; amended 1995, No. 157 (Adj. Sess.), § 22; 2013, No. 92 (Adj. Sess.), § 203, eff. Feb. 14, 2014; 2015, No. 148 (Adj. Sess.), § 1, eff. July 1, 2017.

16 V.S.A. § 2959a Medicaid School-Based Services Program; supervisory unions and supervisory districts; legislative intent [Effective October 1, 2026; see also § 2959a effective until October 1, 2026 set out above]

2959a. Medicaid School-Based Services Program; supervisory unions and supervisory districts; legislative intent [Effective October 1, 2026; see also § 2959a effective until October 1, 2026 set out above] It is the intent of the General Assembly that the State of Vermont maximize its receipt of federal reimbursement for medically related services provided to students who are eligible under Title XIX (Medicaid) of the Social Security Act. It is further the intent of the General Assembly that: (1) each supervisory union identify special education and other students eligible for Medicaid reimbursement and, to the extent possible, submit Medicaid-compliant cost reports and service claims; and (2) the Agencies of Education and of Human Services work with local school districts to maximize reimbursements, including services to non-IEP students. Amended 1999, No. 62, § 126; 1999, No. 66 (Adj. Sess.), § 58, eff. Feb. 8, 2000; 2001, No. 142 (Adj. Sess.), § 186b; 2005, No. 182 (Adj. Sess.), § 19; 2005, No. 215 (Adj. Sess.), § 289; 2007, No. 192 (Adj. Sess.), § 6.024, eff. June 7, 2008; 2009, No. 44, § 41, eff. May 21, 2009; 2013, No. 92 (Adj. Sess.), § 204, eff. Feb. 14, 2014; 2015, No. 148 (Adj. Sess.), § 1, eff. July 1, 2017; 2025, No. 164 (Adj. Sess.), § 12, eff. June 18, 2026; 2025, No. 144 (Adj. Sess.), § E.307.5, eff. October 1, 2026.

16 V.S.A. § 2959b Individualized education programs

2959b. Individualized education programs A school district or supervisory union responsible for developing an individualized education program for a child with a disability may consider the cost of the provision of special education or related services to the child if: (1) the district or supervisory union has developed the individualized education program in accordance with federal law through an individualized program team that included the parents; (2) the individualized education program team has determined that the child’s placement contained in the program is appropriate for the child as that term is defined in federal law; and (3) all the options under consideration by the district or supervisory union for fulfilling the requirements of the child’s individualized education program would constitute a free appropriate public education in the least restrictive environment for the child, as those terms are defined in federal law. Added 1999, No. 117 (Adj. Sess.), § 5.

Source: Vermont General Assembly (legislature.vermont.gov)URL: https://legislature.vermont.gov/statutes/chapter/16/101Fetched: 10/21/2026