Flexible Pathways to Secondary School Completion

V.S.A. tit. 16, ch. 23, subch. 2

in effect

16 V.S.A. § 941 Flexible Pathways Initiative

941. Flexible Pathways Initiative (a) There is created within the Agency a Flexible Pathways Initiative: (1) to encourage and support the creativity of school districts as they develop and expand high-quality educational experiences that are an integral part of secondary education in the evolving 21st-century classroom; (2) to promote opportunities for Vermont students to achieve postsecondary readiness through high-quality educational experiences that acknowledge individual goals, learning styles, and abilities; and (3) to increase the rates of secondary school completion and postsecondary continuation and retention in Vermont. (b) The Secretary shall develop, publish, and regularly update guidance, in the form of technical assistance, sharing of best practices and model documents, legal interpretations, and other support designed to assist school districts: (1) To identify and support secondary students who require additional assistance to succeed in school and to identify ways in which individual students would benefit from flexible pathways to graduation. (2) To work with every student in grade seven through grade 12 in an ongoing personalized learning planning process that: (A) identifies the student’s emerging abilities, aptitude, and disposition; (B) includes participation by families and other engaged adults; (C) guides decisions regarding course offerings and other high-quality educational experiences; (D) identifies career and postsecondary planning options using resources provided pursuant to subdivision (4) of this subsection (b); and (E) is documented by a personalized learning plan. (3) To create opportunities for secondary students to pursue flexible pathways to graduation that: (A) increase aspiration and encourage postsecondary continuation of training and education; (B) are an integral component of a student’s personalized learning plan; and (C) include: (i) applied or work-based learning opportunities, including career and career technical education and internships; (ii) virtual learning and blended learning; (iii) dual enrollment opportunities as set forth in section 944 of this title; (iv) early college programs as set forth in subsection 4011(e) of this title; and (v) [Repealed.] (vi) adult education and secondary credential opportunities as set forth in section 945 of this title. (4) To provide students, beginning not later than in grade seven, with career development and postsecondary planning resources to ensure that they are able to take full advantage of the opportunities available within the flexible pathways to graduation and to achieve their career and postsecondary education and training goals. Resources provided pursuant to this subdivision shall include information regarding the admissions process and requirements necessary to proceed with any and all military-related opportunities. (c) Nothing in this subchapter shall be construed as discouraging or limiting the authority of any school district to develop or continue to provide educational opportunities for its students that are otherwise permitted, including the provision of Advanced Placement courses. (d) An individual entitlement or private right of action shall not arise from creation of a personalized learning plan. Added 2013, No. 77, § 1; amended 2023, No. 113 (Adj. Sess.), § E.504.6, eff. July 1, 2024; 2025, No. 72, § 8, eff. July 1, 2025.

16 V.S.A. § 942 Definitions

942. Definitions As used in this title: (1) “Accredited postsecondary institution” means a postsecondary institution that has been accredited by the New England Association of Schools and Colleges or another regional accrediting agency recognized by the U.S. Department of Education. (2) “Approved provider” means an entity approved by the Secretary to provide educational services that may be awarded credits or used to determine proficiency necessary for a high school diploma. (3) “Blended learning” means a formal education program in which content and instruction are delivered both in a traditional classroom setting and through virtual learning. (4) “Career development” means the identification of student interests and aptitudes and the ability to link these to potential career paths and the training and education necessary to succeed on these paths. (5) “Carnegie unit” means 125 hours of class or contact time with a teacher over the course of one year at the secondary level. (6) “Local adult education and literacy provider” means an entity that is awarded federal or State grant funds to conduct adult education and literacy activities. (7) “Dual enrollment” means enrollment by a secondary student in a course offered by an accredited postsecondary institution and for which, upon successful completion of the course, the student will receive: (A) secondary credit toward graduation from the secondary school in which the student is enrolled; and (B) postsecondary credit from the institution that offered the course if the course is a credit-bearing course at that institution. (8) “Early college” means full-time enrollment, pursuant to subsection 4011(e) of this title, by a 12th grade Vermont student for one academic year in a program offered by a postsecondary institution in which the credits earned apply to secondary school graduation requirements. (9) “Flexible pathways to graduation” means any combination of high-quality academic and experiential components leading to secondary school completion and postsecondary readiness, which may include assessments that allow the student to apply his or her knowledge and skills to tasks that are of interest to that student. (10) “Personalized learning plan” and “PLP” mean documentation of an evolving plan developed on behalf of a student in an ongoing process involving a secondary student, a representative of the school, and, if the student is a minor, the student’s parents or legal guardian and updated at least annually by November 30; provided, however, that a home study student and the student’s parent or guardian shall be solely responsible for developing a plan. The plan shall be developmentally appropriate and shall reflect the student’s emerging abilities, aptitude, and disposition. The plan shall define the scope and rigor of academic and experiential opportunities necessary for a secondary student to complete secondary school successfully, attain postsecondary readiness, and be prepared to engage actively in civic life. While often less formalized, personalized learning and personalized instructional approaches are critical to students in kindergarten through grade 6 as well. (11) “Postsecondary planning” means the identification of education and training programs after high school that meet a student’s academic, vocational, financial, and social needs and the identification of financial assistance available for those programs. (12) “Postsecondary readiness” means the ability to enter the workforce or to pursue postsecondary education or training without the need for remediation. (13) “Virtual learning” means an intentionally designed learning environment for online teaching and learning using online design principles and teachers trained in the delivery of online instruction. This instruction may take place either in a self-paced environment or a real-time environment. Added 2013, No. 77, § 1; amended 2017, No. 49, § 38, eff. May 23, 2017; 2025, No. 72, § 6, eff. June 27, 2025.

16 V.S.A. § 944 Dual Enrollment Program

944. Dual Enrollment Program (a) Program creation. There is created a statewide Dual Enrollment Program to be a potential component of a student’s flexible pathway. The Program shall include college courses offered on the campus of an accredited postsecondary institution and college courses offered by an accredited postsecondary institution on the campus of a secondary school. The Program may include online college courses or components. (b) Students. (1) A Vermont resident who has completed grade 10 but has not received a high school diploma is eligible to participate in the Program if: (A) the student: (i) is enrolled in: (I) a Vermont public school, including a Vermont career technical center; (II) a public school in another state or an approved independent school that is designated as the public secondary school for the student’s district of residence; or (III) an approved independent school in Vermont to which the student’s district of residence pays publicly funded tuition on behalf of the student; (ii) is a student in the Adult Diploma Program under subsection 945(a) of this title; or (iii) is a home study student; (B) dual enrollment is an element included within the student’s personalized learning plan; and (C) the secondary school and the postsecondary institution have determined that the student is sufficiently prepared to succeed in a dual enrollment course, which can be determined in part by the assessment tool or tools identified by the participating postsecondary institution. (2) An eligible student may enroll in up to two dual enrollment courses prior to completion of secondary school for which neither the student nor the student’s parent or guardian shall be required to pay tuition. A student may enroll in courses offered while secondary school is in session and during the summer. (c) Public postsecondary institutions. The Vermont State Colleges and the University of Vermont shall work together to provide dual enrollment opportunities throughout the State. (1) When a dual enrollment course is offered on a secondary school campus, the public postsecondary institution shall: (A) retain authority to determine course content; and (B) work with the secondary school to select, monitor, support, and evaluate instructors. (2) The public postsecondary institution shall maintain the postsecondary academic record of each participating student and provide transcripts on request. (3) To the extent permitted under the Family Educational Rights and Privacy Act, the public postsecondary institution shall collect and send data related to student participation and success to the student’s secondary school and the Secretary and shall send data to the Vermont Student Assistance Corporation necessary for the Corporation’s federal reporting requirements. (4) The public postsecondary institution shall accept as full payment the tuition set forth in subsection (f) of this section. (d) Secondary schools. Each school identified in subdivision (b)(1) of this section that is located in Vermont shall: (1) provide access for eligible students to participate in any dual enrollment courses that may be offered on the campus of the secondary school; (2) accept postsecondary credit awarded for dual enrollment courses offered by a Vermont public postsecondary institution under this section as meeting secondary school graduation requirements; (3) collect enrollment data as prescribed by the Secretary for longitudinal review and evaluation; (4) identify and provide necessary support for participating students and continue to provide services for students with disabilities; and (5) provide support for a seamless transition to postsecondary enrollment upon graduation. (e) Program management. The Agency shall manage or may contract for the management of the Dual Enrollment Program in Vermont by: (1) marketing the Dual Enrollment Program to Vermont students and their families; (2) assisting secondary and postsecondary partners to develop memoranda of understanding, when requested; (3) coordinating with secondary and postsecondary partners to understand and define student academic readiness; (4) convening regular meetings of interested parties to explore and develop improved student support services; (5) coordinating the use of technology to ensure access and coordination of the Program; (6) reviewing program costs; (7) evaluating all aspects of the Dual Enrollment Program and ensuring overall quality and accountability; and (8) performing other necessary or related duties. (f) Tuition and funding. (1) Tuition shall be paid to public postsecondary institutions in Vermont as follows: (A) For any course for which the postsecondary institution pays the instructor, tuition shall be paid to the postsecondary institution in an amount equal to the tuition rate charged by the Community College of Vermont (CCV) at the time the dual enrollment course is offered; provided however, that tuition paid to CCV under this subdivision (A) shall be in an amount equal to 90 percent of the CCV rate. (B) For any course that is taught by an instructor who is paid as part of employment by a secondary school, tuition shall be paid to the postsecondary institution in an amount equal to 20 percent of the tuition rate charged by the Community College of Vermont at the time the dual enrollment course is offered. (2) The State shall pay 50 percent of the tuition owed to public postsecondary institutions under subdivision (1)(A) of this subsection from the Next Generation Initiative Fund created in section 2887 of this title and 50 percent from funds appropriated from the Education Fund, notwithstanding subsection 4025(b) of this title. (3) If it agrees to the terms of subsection (c) of this section, an accredited private postsecondary institution in Vermont approved pursuant to section 176 of this title shall receive tuition pursuant to subdivisions (1) and (2) of this subsection (f) for each eligible student it enrolls in a college-level course under this section. (g) Private and out-of-state postsecondary institutions. Nothing in this section shall be construed to limit a school district’s authority to enter into a contract for dual enrollment courses with an accredited private or public postsecondary institution not identified in subsection (c) of this section located in or outside Vermont. The school district may negotiate terms different from those set forth in this section, including the amount of tuition to be paid. The school district may determine whether enrollment by an eligible student in a course offered under this subsection shall constitute one of the two courses authorized by subdivision (b)(2) of this section. (h) Number of courses. Nothing in this section shall be construed to limit a school district’s authority to pay for more than the two courses per eligible student authorized by subdivision (b)(2) of this section; provided, however, that payment under subdivision (f)(2) of this section shall not be made for more than two courses per eligible student. (i) Other postsecondary courses. Nothing in this section shall be construed to limit a school district’s authority to award credit toward graduation requirements to a student who receives prior approval from the school and successfully completes a course offered by an accredited postsecondary institution that was not paid for by the district pursuant to this section. The school district shall determine the number and nature of credits it will award to the student for successful completion of the course, including whether the course will satisfy one or more graduation requirements, and shall inform the student prior to enrollment. Credits awarded shall be based on performance and not solely on Carnegie units; provided, however, that unless the school district determines otherwise, a three-credit postsecondary course shall be presumed to equal one-half of a Carnegie unit. A school district shall not withhold approval or credit without reasonable justification. A student may request that the superintendent review the district’s determination regarding course approval or credits. The superintendent’s decision shall be final. (j) Reports. Notwithstanding 2 V.S.A. § 20(d), the Secretary shall report to the House and Senate Committees on Education annually in January regarding the Dual Enrollment Program, including data relating to student demographics, levels of participation, marketing, and program success. Added 2013, No. 77, § 1; amended 2015, No. 58, § E.504.1; 2023, No. 113 (Adj. Sess.), § E.504.5, eff. July 1, 2024.

16 V.S.A. § 945 Adult education and secondary credential program

945. Adult education and secondary credential program (a) The Secretary shall maintain an Adult Diploma Program (ADP) administered by the Agency through which any Vermont resident who is at least 16 years of age; who has not received a high school diploma; and who is not enrolled in a public or approved independent school, postsecondary institution, or home study program can receive a local high school diploma granted by one of the Program’s participating high schools. (b) The Secretary shall maintain a General Educational Development (GED) Program, which the Secretary shall administer jointly with the GED testing service and approved local testing centers and through which a Vermont resident who is at least 16 years of age; who has not received a high school diploma; and who is not enrolled in a public or an approved independent school, a postsecondary institution, or a home study program can receive a secondary school equivalency certificate based on successful completion of the GED tests. (c) The Secretary may provide additional programs designed to address the individual needs and circumstances of adult students, particularly students with the lowest levels of literacy skills. (d) The diagnostic portion of the Program referenced in subsection 4011(f) of this title shall be used as a tool to evaluate the educational needs of and skills gained by individual students but shall not be used to exclude individuals from the Program or to condition payments to local education and literacy providers. Added 2013, No. 77, § 1; amended 2013, No. 77, §§ 6, 7; 2019, No. 131 (Adj. Sess.), § 69; 2023, No. 113 (Adj. Sess.), § E.504.2, eff. July 1, 2024.

16 V.S.A. § 946 Early college

946. Early college (a) For each grade 12 Vermont student enrolled, the Secretary shall pay an amount equal to 87 percent of the base education amount to: (1) the Vermont Academy of Science and Technology (VAST); and (2) an early college program other than the VAST program that is developed and operated or overseen by the University of Vermont, by one of the Vermont State Colleges, or by an accredited private postsecondary school located in Vermont and that is approved for operation by the Secretary; provided, however, when making a payment under this subdivision (2), the Secretary shall not pay more than the tuition charged by the institution. (b) The Secretary shall make the payment pursuant to subsection (a) of this section directly to the postsecondary institution, which shall accept the amount as full payment of the student’s tuition. (c) A student on whose behalf the Secretary makes a payment pursuant to subsection (a) of this subsection: (1) shall be enrolled as a full-time student in the institution receiving the payment for the academic year for which payment is made; (2) shall not be enrolled concurrently in a secondary school operated by the student’s district of residence or to which the district pays tuition on the student’s behalf; and (3) shall not be included in the average daily membership of any school district for the academic year for which payment is made; provided, however, that if more than five percent of the grade 12 students residing in a district enroll in an early college program, then the district may include the number of students in excess of five percent in its average daily membership; but further provided that a student in grade 12 enrolled in a college program shall be included in the percentage calculation only if, for the previous academic year, the student was enrolled in a school maintained by the district or was a student for whom the district paid tuition to a public or approved independent school. (d) A postsecondary institution shall not accept a student into an early college program unless enrollment in an early college program was an element of the student’s personalized learning plan. Added 2017, No. 49, § 30, eff. May 23, 2017.

16 V.S.A. § 947 Early college program; report; appropriation

947. Early college program; report; appropriation (a) Notwithstanding 2 V.S.A. § 20(d), any postsecondary institution receiving funds pursuant to section 946 of this title shall report annually in January to the Senate and House Committees on Education regarding the level of participation in the institution’s early college program, the success in achieving the stated goals of the program to enhance secondary students’ educational experiences and prepare them for success in college and beyond, and the specific results for participating students relating to programmatic goals. (b) In the budget submitted annually to the General Assembly pursuant to 32 V.S.A. chapter 5, the Governor shall include the recommended appropriation for all early college programs to be funded pursuant to section 946 of this title, including the VAST program, as a distinct amount. Added 2017, No. 49, § 32, eff. May 23, 2017.

16 V.S.A. § 948 Virtual learning

948. Virtual learning (a) The Agency of Education shall maintain access to and oversight of a virtual learning provider for the purpose of offering virtual learning opportunities to Vermont students. (b) A student may enroll in virtual learning if: (1) the student is enrolled in a Vermont public school, including a Vermont career technical center; (2) virtual learning is determined to be an appropriate learning pathway outlined in the student’s personalized learning plan; and (3) the student’s learning experience occurs under the supervision of an appropriately licensed educator and aligns with State expectations and standards, as adopted by the Agency and the State Board of Education, as applicable. (c) A school district shall count a student enrolled in virtual learning in the school district’s average daily membership, as defined in section 4001 of this title, if the student meets all of the criteria in subsection (b) of this section. Added 2025, No. 72, § 5, eff. June 27, 2025.

Source: Vermont General Assembly (legislature.vermont.gov)URL: https://legislature.vermont.gov/statutes/chapter/16/023Fetched: 10/21/2026