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Form a Business

General Provisions

V.S.A. tit. 16, ch. 3, subch. 1
in effect

16 V.S.A. § 161 State Board of Education; appointment of members; term; vacancy

161. State Board of Education; appointment of members; term; vacancy The State Board shall consist of 10 members. Two of the members shall be secondary students, one of whom shall be a full member and the other of whom shall be a junior member who may not vote. Eight members, including the two student members, shall be appointed by the Governor with the advice and consent of the Senate. One member shall be appointed by the Speaker of the House and one member shall be appointed by the Senate Committee on Committees. In the appointment of the nonstudent members, priority shall be given to the selection of persons with a demonstrated commitment to ensuring quality education for Vermont students. To the extent possible, the members shall represent the State’s geographic, gender, racial, and ethnic diversity. The Secretary shall serve on the State Board as a nonvoting member. (1) Upon the expiration of the respective terms of those members of the Board previously appointed, excluding the student members, the appointing authority that made the initial appointment to the expired term shall, biennially in the month of February with the advice and consent of the Senate, as applicable, appoint members for terms of six years. The terms shall begin March 1 of the year in which the appointments are made. A member serving a term of six years shall not be eligible for reappointment for successive terms. (2) In the event of any vacancy occurring in the membership of the Board, the appointing authority that made the initial appointment to the vacated term shall fill the vacancy with a qualified person whose appointment shall be for the unexpired portion of the term. (3) Biennially, the Board shall choose a member of the Board to be its chair. (4) Annually, using an application process that is open and accessible to all eligible students, the Governor shall appoint a Vermont secondary school student who will continue to be a secondary student for at least two years following taking office, to serve on the State Board for two years, beginning on July 1 of the year of appointment. The student member shall not vote during the first year and shall be a full and voting member during the second year of the student’s term. Added 1969, No. 298 (Adj. Sess.), § 12; amended 1975, No. 48, § 2, eff. date, at end of chair’s term; 1997, No. 34, § 1; 1999, No. 74 (Adj. Sess.), § 1, eff. March 27, 2000; 2011, No. 98 (Adj. Sess.), § 2, eff. Jan. 1, 2013; 2019, No. 131 (Adj. Sess.), § 52; 2021, No. 66, § 19, eff. June 7, 2021; 2025, No. 73, § 24, eff. July 1, 2025.

16 V.S.A. § 162 Removal of Board members

162. Removal of Board members After notice and hearing, the Governor may remove a member of the State Board for incompetency, failure to discharge the member’s duties, malfeasance, illegal acts, or other cause inimical to the welfare of the public schools; and in case of such removal, the appointing authority that made the initial appointment shall appoint a person to fill the unexpired term. Added 1969, No. 298 (Adj. Sess.), § 13; amended 2025, No. 73, § 26, eff. July 1, 2025.

16 V.S.A. § 163 Staff; meetings

163. Staff; meetings (a) The Board shall be supported by adequate staff, who shall report to the Board. (b) The Board shall meet monthly and shall hold special meetings as required for the performance of its duties. The times and places for regular and special meetings shall be designated by the Chair of the Board. The Chair shall call a special meeting upon the written request of any two members. Added 1969, No. 298 (Adj. Sess.), § 14; amended 2011, No. 98 (Adj. Sess.), § 3, eff. April 1, 2013.

16 V.S.A. § 164 State Board; general powers and duties

164. State Board; general powers and duties The State Board shall engage local school board members and the broader education community and, consistent with the provisions of this title, its own rules, and rules adopted by the Secretary, establish and regularly update a long-term strategic vision for the delivery of educational services in Vermont; advise the General Assembly, the Governor, and the Secretary of Education on high-priority educational policies and issues as they arise; and act in accordance with legislative mandates, including the adoption of rules and executing special assignments. In addition to other specified duties, the Board shall: (1) Establish such advisory commissions as in the judgment of the Board will be of assistance to it in carrying out its duties. Advisory commission members shall serve with or without compensation at the discretion of the Board but shall receive actual expenses incurred in pursuance of their duties. (2) Have the authority to enter into agreements with school districts, municipalities, states, the United States, foundations, agencies, or individuals for service, educational programs, or research projects. (3) Examine and determine all appeals that by law are made to it and prescribe rules of practice in respect thereto, not inconsistent with law. (4) [Repealed.] (5) [Repealed.] (6) Make regulations governing the attendance and records of attendance of all students and the deportment of students attending public schools. (7) Adopt rules pursuant to 3 V.S.A. chapter 25 to carry out the powers and duties of the Board as directed by the General Assembly, within the limitations of legislative intent. (8) [Repealed.] (9) Implement and continually update standards for student performance in appropriate content areas and at appropriate intervals in the continuum from kindergarten to grade 12 and methods of assessment to determine attainment of the standards for student performance. The standards shall be rigorous, challenging, and designed to prepare students to participate in and contribute to the democratic process and to compete in the global marketplace. The standards shall include a standard for reading level proficiency for students completing grade three. (10) [Repealed.] (11) If deemed advisable, determine educational standards for admission to and graduation from the public schools. (12) [Repealed.] (13) Be the State Board for the program of adult education and literacy and perform all the duties and powers prescribed by law pertaining to adult education and literacy and to act as the State approval agency for educational institutions conducting programs of adult education and literacy. (14) Adopt rules for approval of independent schools. (15) Establish criteria governing the establishment of a system for the receipt, deposit, accounting, and disbursement of all funds by supervisory unions and school districts. (16) In cooperation with the Secretary, ensure that the Agency develops information, plans, and assistance to aid in making technology and telecommunications available and coordinated in all school districts. The State Board shall develop guidelines for distribution of federal, State, or private funds designated for the development or expansion of distance learning technologies. The guidelines shall encourage, consistent with any terms or conditions established by the funding source, collaboration between schools and school districts to realize economic and educational efficiencies. (17) [Repealed.] (18) Ensure that Vermont’s students, including students enrolled in secondary career technical education, have access to a substantially equal educational opportunity by developing a system to evaluate the equalizing effects of Vermont’s education finance system and education quality standards under section 165 of this title. (19) [Repealed.] (20) Pursuant to section 806g of this title, constitute the State Council for the Interstate Compact on Educational Opportunity for Military Children and appoint to the Council a Compact Commissioner and Military Family Education Liaison, who may be the same person. The Board may appoint additional members. (21) Report annually to the Governor and the General Assembly on the progress the Board has made on the development of education policy for the State. Added 1969, No. 298 (Adj. Sess.), § 15; amended 1971, No. 14, § 5, eff. March 11, 1971; 1975, No. 48, §§ 3, 14, eff. April 15, 1975; 1975, No. 147 (Adj. Sess.), § 3; 1981, No. 151 (Adj. Sess.), § 5; 1983, No. 247 (Adj. Sess.), § 4(1); 1983, No. 248 (Adj. Sess.), § 4; 1987, No. 97, § 4, eff. June 23, 1987; 1987, No. 228 (Adj. Sess.), § 6; 1989, No. 118, § 3; 1991, No. 24, § 11; 1991, No. 204 (Adj. Sess.), § 7; 1997, No. 60, § 3, eff. June 26, 1997; 1997, No. 138 (Adj. Sess.), § 3, eff. April 27, 1998; 1999, No. 113 (Adj. Sess.), § 1a; 1999, No. 120 (Adj. Sess.), § 3; 2001, No. 151 (Adj. Sess.), § 50, eff. July 1, 2003; 2005, No. 214 (Adj. Sess.), § 12; 2007, No. 154 (Adj. Sess.), § 6; 2011, No. 43, § 2, eff. July 1, 2011; 2011, No. 45, § 7a, eff. May 24, 2011; 2011, No. 98 (Adj. Sess.), § 4, eff. April 1, 2013; 2013, No. 56, § 22, eff. May 30, 2013; 2013, No. 92 (Adj. Sess.), §§ 8, 9, 302, eff. Feb. 14, 2014; 2013, No. 142 (Adj. Sess.), § 26; 2015, No. 23, § 18; 2015, No. 131 (Adj. Sess.), § 23; 2019, No. 1, § 2, eff. Mar. 29, 2019; 2019, No. 131 (Adj. Sess.), § 53; 2021, No. 66, § 20, eff. June 7, 2021; 2025, No. 157 (Adj. Sess.), § 6, eff. July 1, 2026.

16 V.S.A. § 164a Statewide Strategic Education Plan

164a. Statewide Strategic Education Plan Beginning on July 1, 1998, the State Board shall adopt through a public process a statewide strategic education plan to describe how the Agency will help school boards to improve student performance. The State Board shall update and readopt the plan at least every five years. The goals of the plan shall be to strengthen coherence and consistency among State and local education goals, standards for student performance, assessments, professional development opportunities, and action plans and to provide support for local curriculum development. The plan shall include information as to the economic costs of implementation and the education benefits to be derived. Added 1997, No. 60, § 6, eff. June 26, 1997; 2013, No. 92 (Adj. Sess.), §§ 10, 11, eff. Feb. 14, 2014.

16 V.S.A. § 165 Education quality standards; equal educational opportunities; independent school meeting education quality standards

165. Education quality standards; equal educational opportunities; independent school meeting education quality standards (a) In order to carry out Vermont’s policy that all Vermont children will be afforded educational opportunities that are substantially equal in quality, each Vermont public school, including each career technical center, shall meet the following education quality standards: (1) The school, through a process including parents, teachers, students, and community members, develops, implements, and annually updates a continuous improvement plan to improve student performance within the school. The plan shall include goals and objectives for improved student learning and educational strategies and activities to achieve its goals. The plan shall also address the effectiveness of efforts made since the previous continuous improvement plan to ensure the school maintains a safe, orderly, civil, and positive learning environment that is free from harassment, hazing, and bullying. The school shall assess student performance under the plan using a method or methods of assessment developed under subdivision 164(9) of this title. (2) The school, at least annually, reports student performance results to community members in a format selected by the school board. In the case of a regional career technical center, the community means the school districts in the service region. The school report shall include: (A) Information indicating progress toward meeting standards from the most recent measure taken. (B) [Repealed.] (C) Information indicating progress toward meeting the goals of an annual continuous improvement plan. (D) Any other statistical information about the school or community that the school board deems necessary to place student performance results in context. (E)-(G) [Repealed.] (H) A description of how the school ensures that each student receives appropriate career counseling and program information regarding availability of education and apprenticeship program offerings at career technical centers. (I) [Repealed.] (J) If the school is a secondary school, information and supporting data presented in a manner designed to protect student confidentiality on the dropout and graduation rates. (K) Data provided by the Secretary that enable a comparison with other schools, or school districts if school level data are not available, for cost-effectiveness. The Secretary shall establish which data are to be included pursuant to this subdivision and, notwithstanding that the other elements of the report are to be presented in a format selected by the school board, shall develop a common format to be used by each school in presenting the data to community members. The Secretary shall provide the most recent data available to each school no later than October 1 of each year. Data to be presented include student-to-teacher ratio, administrator-to-student ratio, administrator-to-teacher ratio, and cost per pupil. (3) The school substantially meets standards adopted by rule of the State Board regarding conditions, practices, and resources of schools. The standards shall address those aspects of the following that are most closely associated with improving student performance: (A) school leadership, staffing, and support services; (B) instructional practices and curriculum leadership, content, and coordination; (C) educational materials and school facilities; (D) access to current technology. (4) The school shall provide for and the staff shall use needs-based professional development designed to improve the quality of education provided to the students and directly connected to standards for student performance established by the State Board and any other educational performance goals established by the school board. (5) The school uses staff evaluation to advance educational performance objectives. (6) The school ensures that students receive appropriate career counseling and program information regarding the availability of education and apprenticeship program offerings at career technical centers. In addition, the school, if it is a secondary school, offers a genuine opportunity to access career technical education programs. (7) The school ensures that students are furnished educational services in accordance with any State or federal entitlements and in a nondiscriminatory manner. (8) The school maintains a safe, orderly, civil, and positive learning environment that is free from hazing, harassment, and bullying, and is based on sound instructional and classroom management practices and clear discipline policies that are consistently and effectively enforced. (9) The school complies with average class size minimum standards; provided, however, that when class size minimums apply to content areas, an individual class may be smaller than the minimum average. As used in this subdivision, “content area” means a group of courses within a specific licensing endorsement area. (A) Class size standards. (i) The average class size minimum for first-grade classes shall be 10 students. (ii) The average class size minimum for grades two through five shall be 12 students. (iii) The average class size minimum for grades six through eight in all required content areas shall be 15 students. (iv) The average class size minimum for grades nine through 12 in all required content area classes shall be 18 students. (v) Multiage classrooms for grades kindergarten through eight shall be limited to two grade levels per classroom. (vi) Prekindergarten, kindergarten, career and technical education, flexible pathways, terminal courses, advanced placement courses, courses that require specialized equipment, and driver’s education classes shall be excluded from the class size minimum requirements in this subdivision (9). Small group services for the purpose of providing special education, supplemental or targeted academic intervention, or English learner instruction shall also be excluded from the class size minimum requirements in this subdivision (9). (vii) Class sizes shall not exceed the maximum occupancy limits established by local and State fire codes, including egress and safety requirements. (B) Waivers. If a school board determines that it operates a school that is unable to comply with the class size minimum standards due to geographic isolation, or a school has developed an implementation plan to meet the standards contained in this subdivision (9) that may include consolidation or merger, the school board may ask the State Board of Education to grant it waiver from this subdivision (9). The State Board shall define what qualifies as geographic isolation in its rules adopted pursuant to subdivision (a)(3) of this section. The State Board’s decision shall be final. (C) State Board action. If the Secretary determines that a school is not meeting the class size minimum standards set forth in this subdivision (9) over the course of three consecutive school years, the Secretary may recommend to the State Board one or more of the actions listed in subsection (b) of this section, regardless of whether the school is meeting all other education quality standards. The State Board shall then follow the procedure of subsection (c) of this section. (b) Annually, the Secretary shall determine whether students in each Vermont public school are provided educational opportunities substantially equal to those provided in other public schools. If the Secretary determines that a school is not meeting the education quality standards listed in subsection (a) of this section or that the school is making insufficient progress in improving student performance in relation to the standards for student performance set forth in subdivision 164(9) of this title, the Secretary shall describe in writing actions that a district must take in order to meet either or both sets of standards and shall provide technical assistance to the school. If the school fails to meet the standards or make sufficient progress within two years following the determination, the Secretary shall recommend to the State Board one or more of the following actions: (1) the Agency continue to provide technical assistance for one more cycle of review; (2) the State Board adjust supervisory union boundaries or responsibilities of the superintendency pursuant to section 261 of this title; (3) the Secretary assume administrative control of an individual school, school district, or supervisory union, including budgetary control to ensure sound financial practices, only to the extent necessary to correct deficiencies; (4) the State Board close an individual school or schools and require that the school district pay tuition to another public school or an approved independent school pursuant to chapter 21 of this title; or (5) the State Board require two or more school districts to consolidate their governance structures. (c) The State Board, after offering the school board an opportunity for a hearing, shall either dismiss the Secretary’s recommendation or order that one or more of the actions listed in subsection (b) of this section be taken. The action ordered by the State Board shall be the least intrusive consistent with the need to provide students attending the school substantially equal educational opportunities. A school board aggrieved by an order of the State Board may appeal the order in accordance with the Rules of Civil Procedure. (d) Nothing in this section shall be construed to entitle any student to educational programs or services identical to those received by students in the same or any other school district. Further, nothing in this section shall create a private right of action. (e) If the Secretary determines at any time that the failure of a school to meet the education quality standards listed in subsection (a) of this section is severe or pervasive, potentially results in physical or emotional harm to students or significant deprivation of equal education opportunities, and the school has either unreasonably refused to remedy the problem or its efforts have proved ineffective, the Secretary may recommend to the State Board one or more of the actions listed in subsection (b) of this section. The State Board shall then follow the procedure of subsection (c) of this section. (f) In order to be designated an independent school meeting education quality standards, an independent school shall participate in the education quality standards process of subsection (b) of this section. An independent school shall receive technical assistance in accordance with the provisions of subsection (b), but shall not be subject to subdivisions (b)(2)-(4) of this section. The school shall be an independent school meeting education quality standards unless the State Board, after opportunity for hearing, finds that: (1) the school has discontinued its participation in the education quality standards process; or (2) two or more years following a determination that the school is not meeting the education quality standards or that the school is making insufficient progress in improving student performance, the school fails to meet the standards or make sufficient progress toward meeting the standards. (g) In addition to the education quality standards provided in subsection (a) of this section, each Vermont school district shall meet the school district quality standards adopted by rule of the Agency of Education regarding the business, facilities management, and governance practices of school districts. These standards shall include a process for school district quality reviews to be conducted by the Agency of Education. Annually, the Secretary shall publish metrics regarding the outcomes of school district quality reviews. Added 1969, No. 298 (Adj. Sess.), § 16; amended 1981, No. 151 (Adj. Sess.), § 6; 1987, No. 97, § 5, eff. June 23, 1987; 1989, No. 44, § 3, eff. June 1, 1990; 1997, No. 60, § 4, eff. July 1, 1998; 1997, No. 71 (Adj. Sess.), § 82, eff. March 11, 1998; 1997, No. 138 (Adj. Sess.), § 4, eff. April 27, 1998; 1999, No. 113 (Adj. Sess.), § 1b; 1999, No. 120 (Adj. Sess.), § 4; 2001, No. 8, § 2; 2003, No. 68, § 46, eff. June 18, 2003; 2005, No. 54, § 1; 2007, No. 154 (Adj. Sess.), § 7; 2013, No. 92 (Adj. Sess.), § 12, eff. Feb. 14, 2014; 2013, No. 142 (Adj. Sess.), § 27; 2015, No. 23, § 19; 2015, No. 46, § 40, eff. July 1, 2020; 2015, No. 131 (Adj. Sess.), § 24; 2017, No. 49, § 26, eff. May 23, 2017; 2021, No. 127 (Adj. Sess.), § 13, eff. July 1, 2024; 2025, No. 73, § 6, eff. July 1, 2026.

16 V.S.A. § 166 Approved and recognized independent schools

166. Approved and recognized independent schools (a) Authority. An independent school may operate and provide elementary education or secondary education if it is either approved or recognized as set forth in this section. (b) Approved independent schools. On application, the State Board shall approve an independent school that offers elementary or secondary education if it finds, after opportunity for hearing, that the school provides a minimum course of study pursuant to section 906 of this title and that it substantially complies with all statutory requirements for approved independent schools and the Board’s rules for approved independent schools. An independent school that intends to accept public tuition shall be approved by the State Board only on the condition that the school agrees, notwithstanding any provision of law to the contrary, to enroll any student who requires special education services and who is placed in or referred to the approved independent school as an appropriate placement and least restrictive environment for the student by the student’s individualized education program team or by the local education agency; provided, however, that this requirement shall not apply to an independent school that limits enrollment to students who are on an individualized education program or a plan under Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794, and who are enrolled pursuant to a written agreement between the local education agency and the school. Except as provided in subdivision (6) of this subsection, the Board’s rules must at minimum require that the school have the resources required to meet its stated objectives, including financial capacity, faculty who are qualified by training and experience in the areas in which they are assigned, and physical facilities and special services that are in accordance with any State or federal law or regulation. Approval may be granted without State Board evaluation in the case of any school accredited by a private, State, or regional agency recognized by the State Board for accrediting purposes, provided that the State Board shall determine that the school complies with all student enrollment provisions required by law. (1) On application, the State Board shall approve an independent school that offers kindergarten but no other graded education if it finds, after opportunity for hearing, that the school substantially complies with the Board’s rules for approved independent kindergartens. The State Board may delegate to another State agency the authority to evaluate the safety and adequacy of the buildings in which kindergartens are conducted but shall consider all findings and recommendations of any such agency in making its approval decision. (2) Approvals under this subsection (b) shall be for a term established by rule of the Board but not greater than five years. (3) An approved independent school shall provide to the parent or guardian responsible for each of its students, prior to accepting any money for a student, an accurate statement in writing of its status under this section and a copy of this section. Failure to comply with this provision may create a permissible inference of false advertising in violation of 13 V.S.A. § 2005. (4) Each approved independent school shall provide to the Secretary on October 1 of each year the names, genders, dates of birth, and addresses of its enrolled students. Within seven days of the termination of a student’s enrollment, the approved independent school shall notify the Secretary of the name and address of the student. The Secretary shall notify the appropriate school officials as provided in section 1126 of this title. (5) The State Board may revoke, suspend, or impose conditions upon the approval of an approved independent school, after having provided an opportunity for a hearing, for substantial failure to comply with the minimum course of study, for failure to demonstrate that the school has the resources required to meet its stated objectives, for failure to comply with statutory requirements or the Board’s rules for approved independent schools, or for failure to report under subdivision (4) of this subsection (b). Upon that revocation or suspension, students required to attend school who are enrolled in that school shall become truant unless they enroll in a public school, an approved or recognized independent school, or a home study program. (6) This subdivision applies to an independent school located in Vermont that offers a distance learning program and that, because of its structure, does not meet some or all the rules of the State Board for approved independent schools. In order to be approved under this subdivision, a school shall meet the standards adopted by rule of the State Board for approved independent schools that can be applied to the applicant school and any other standards or rules adopted by the State Board regarding these types of schools. A school approved under this subdivision shall not be eligible to receive tuition payments from public school districts under chapter 21 of this title. (7) Approval for independent residential schools under this subsection is also contingent upon proof of the school’s satisfactory completion of an annual fire safety inspection by the Department of Public Safety or its designee pursuant to 20 V.S.A. chapter 173, subchapter 2. A certificate executed by the inspecting entity, declaring satisfactory completion of the inspection and identifying the date by which a new inspection must occur, shall be posted at the school in a public location. The school shall provide a copy of the certificate to the Secretary of Education after each annual inspection. The school shall pay the actual cost of the inspection unless waived or reduced by the inspecting entity. (8)(A) If an approved independent school experiences any of the following financial reporting events during the period of its approved status, the school shall notify the Secretary of Education within five days after its knowledge of the event unless the failure is de minimis: (i) the school’s failure to file its federal or State tax returns when due, after permissible extension periods have been taken into account; (ii) the school’s failure to meet its payroll obligations as they are due or to pay federal or State payroll tax obligations as they are due; (iii) the school’s failure to maintain required retirement contributions; (iv) the school’s use of designated funds for nondesignated purposes; (v) the school’s inability to fully comply with the financial terms of its secured installment debt obligations over a period of two consecutive months, including the school’s failure to make interest or principal payments as they are due or to maintain any required financial ratios; (vi) the withdrawal or conditioning of the school’s accreditation on financial grounds by a private, State, or regional agency recognized by the State Board for accrediting purposes; or (vii) the school’s insolvency, as defined in 9 V.S.A. § 2286(a). (B)(i) If the Secretary reasonably believes that an approved independent school lacks financial capacity to meet its stated objectives during the period of its approved status, then the Secretary shall notify the school in writing of the reasons for this belief and permit the school a reasonable opportunity to respond. (ii) If the Secretary, after having provided the school a reasonable opportunity to respond, does not find that the school has satisfactorily responded or demonstrated its financial capacity, the Secretary may establish a review team that, with the consent of the school, includes a member of the Council of Independent Schools, to: (I) conduct a school visit to assess the school’s financial capacity; (II) obtain from the school such financial documentation as the review team requires to perform its assessment; and (III) submit a report of its findings and recommendations to the State Board. (iii) If the State Board concludes that an approved independent school lacks financial capacity to meet its stated objectives during the period of its approved status, the State Board may take any action that is authorized by this section. (iv) In considering whether an independent school lacks financial capacity to meet its stated objectives during the period of its approved status and what actions the State Board should take if it makes this finding, the State Board may consult with, and draw on the analytical resources of, the Vermont Department of Financial Regulation. (C) Information provided by an independent school under this subsection that is not already in the public domain is exempt from public inspection and copying under the Public Records Act and shall be kept confidential. (c) Recognized independent schools. Upon filing an enrollment notice, a recognized independent school may provide elementary or secondary education in Vermont. The enrollment notice shall be on a form provided by the Secretary and shall be filed with the Secretary no earlier than three months before the beginning of the school year for the public schools in the town in which the applicant proposes to locate. (1) The enrollment notice shall contain the following information and assurances: (A) a statement that the school will be in session an amount of time substantially equivalent to that required for public schools; (B) a detailed description or outline of the minimum course of study for each grade level the school offers and how the annual assessment of each student will be performed; and (C) assurances that: (i) the school will prepare and maintain attendance records for each student enrolled or regularly attending classes; (ii) at least once each year, the school will assess each student’s progress, and will maintain records of that assessment, and present the result of that assessment to each student’s parent or guardian; (iii) the school’s educational program will include the minimum course of study set forth in section 906 of this title; (iv) the school will have teachers and materials sufficient to carry out the school’s educational program; and (v) the school will meet such State and federal laws and regulations concerning its physical facilities and health and safety matters as are applicable to recognized independent schools. (2) If the Secretary has information that creates significant doubt about whether the school would be able to meet the requirements set forth in this subsection, the Secretary may call a hearing. At the hearing, the school shall establish that it can meet the requirements for recognized independent schools. Failure to do so shall result in a finding by the Secretary that the school must take specified action to come into compliance within a specified time frame or the children enrolled must attend another recognized independent school, a public school, an approved independent school, or a home study program, or be declared truant unless absent with legal excuse. (3) A recognized independent school shall provide to each student’s parent or guardian a copy of its currently filed statement of objectives and a copy of this section. The copy shall be provided when the student enrolls or before September 1, whichever comes later. Failure to comply with this subsection may create a permissible inference of false advertising in violation of 13 V.S.A. § 2005. (4) A recognized independent school shall renew its enrollment notice annually. An independent school shall be recognized for a period not to exceed five years by the Secretary without need for filing an annual enrollment notice if: (A) it is recognized by an organization approved by the State Board for the purpose of recognizing such school; or (B) it is accredited by a private, state, or regional agency approved by the State Board for accrediting purposes; provided, however, nothing in this subdivision (4) shall be construed to prohibit the Secretary from initiating a hearing under this subsection (c). (5) If the Secretary has information that creates significant doubt about whether the school, once in operation, is meeting the requirements for recognized independent schools, the Secretary may call a hearing. At the hearing, the school shall establish that it has met the requirements for recognized independent schools. Failure to do so shall result in a finding by the Secretary that: (A) the school may not be in operation for the remainder of the school year and that the children are truant unless absent with legal excuse or enrolled in a public school, an independent school, another recognized independent school, or a home study program; or (B) the school must take specified action to come into compliance within a specified time frame or the school will not be permitted to operate for the remainder of the school year. (6) Each recognized independent school shall provide to the Secretary on October 1 of each year the names, genders, dates of birth, and addresses of its enrolled students. Within seven days of the termination of a student’s enrollment, the recognized independent school shall notify the Secretary of the name and address of the student. The Secretary shall notify the appropriate school officials as provided in section 1126 of this title. (7) After the filing of the enrollment notice or at a hearing, if the school is unable to comply with any specific requirements due to deep religious conviction shared by an organized group, the Secretary may waive such requirements if he or she determines that the educational purposes of this subsection are being or will be substantially met. (d) Council of Independent Schools. A Council of Independent Schools is created consisting of 11 members, no fewer than three of whom shall be representatives of recognized independent schools. The Secretary shall appoint nine members from within the independent schools’ community. The Secretary shall appoint two members from the public-at-large. Each member shall serve for two years and may be reappointed for up to an additional two terms. The Council shall adopt rules for its own operation. A chair shall be elected by and from among the members. The duties of the Council shall include advising the Secretary on policies and procedures with respect to independent schools. No hearing shall be initiated under this section before the State Board or by the Secretary until the recommendations of the Council have been sought and received. The recommendations of the Council, including any minority reports, shall be admissible at the hearing. (e) Harassment, hazing, and bullying policies. The board of trustees of an approved or recognized independent school operating in Vermont shall adopt harassment, hazing, and bullying prevention policies; establish procedures for dealing with harassment, hazing, and bullying of students; and provide notice of these. The provisions of chapter 9, subchapter 5 of this title for public schools shall apply to this subsection, except that the board shall follow its own procedures for adopting policy. (f) Tuition bills. An approved independent school that accepts students for whom the district of residence pays tuition under chapter 21 of this title shall bill the sending district monthly for a State-placed student and shall not bill the sending district for any month in which the State-placed student was not enrolled. (g) Tuition students; assessments. An approved independent school that accepts students for whom the district of residence pays tuition under chapter 21 of this title shall use the assessment or assessments required under subdivision 164(9) of this title to measure attainment of standards for student performance of those students. In addition, the school shall provide data related to the assessment or assessments as required by the Secretary. Amended 1981, No. 151 (Adj. Sess.), § 8; 1983, No. 248 (Adj. Sess.), § 3; 1989, No. 44, § 1; 1993, No. 162 (Adj. Sess.), § 3; 1995, No. 157 (Adj. Sess.), § 2; 1997, No. 60, § 5, eff. June 26, 1997; 1997, No. 84 (Adj. Sess.), § 2; 1999, No. 120 (Adj. Sess.), § 5; 2007, No. 66, § 2; 2007, No. 138 (Adj. Sess.), § 1, eff. May 9, 2008; 2009, No. 153 (Adj. Sess.), § 21b; 2013, No. 92 (Adj. Sess.), § 13, eff. Feb. 14, 2014; 2017, No. 173 (Adj. Sess.), § 20, eff. May 25, 2018; 2017, No. 173 (Adj. Sess.), § 20a, eff. July 1, 2023; 2019, No. 131 (Adj. Sess.), § 54; 2021, No. 20, § 51; 2021, No. 166 (Adj. Sess.), § 14, eff. June 1, 2022.

16 V.S.A. § 166b Home study program

166b. Home study program (a) Enrollment notice. A parent or legal guardian shall send the Secretary notice of intent to enroll the parent’s or legal guardian’s child in a home study program at least 10 business days prior to commencing home study. Such notice shall be submitted via a form developed by the Agency of Education. A notice under this subsection shall include the following: (1) The name; age; and date, month, and year of birth of the child. (2) The names, mailing addresses, email addresses, town of legal residence, and telephone numbers of all parents or guardians with legal custody who are legally authorized to make educational decisions for the student. (3) An attestation that the academic progress of each child enrolled in a home study program will be assessed at the end of each school year and that the parent or guardian will maintain the record of such assessments. Permitted means of assessment shall include: (A) a standardized assessment, which may be administered by the local school district or a testing service or administered in a manner approved by the testing company; (B) a review of the student’s progress by an individual who holds a current Vermont teacher’s certificate; (C) a parent or guardian report and portfolio to include a summary of what the student learned during the school year and at least four samples of student work; (D) grades from an online academy or school; or (E) evidence of passing of the GED. (4) For each child not previously enrolled in a Vermont public school or Vermont home study program, independent professional evidence regarding whether the child has a documented disability and how the disability may affect the student’s educational progress in a home study program. (5) An attestation that each child being enrolled in home study will be provided the equivalent of at least 175 days of instruction in the minimum course of study per year, specifically: (A) for a child who is younger than 13 years of age, the subject areas listed in section 906 of this title; (B) for a child who is 13 years of age or older, the subject areas listed in subdivisions 906(b)(1), (2), (4), and (5) of this title; or (C) for students with documented disabilities, a parent or guardian must attest to providing adaptations to support the student in the home study program. (6) [Repealed.] (7) The signatures of all parents or guardians with legal custody who are legally authorized to make educational decisions for the student. In the alternative, the parent seeking enrollment may provide attestation of sole primary educational decision-making authority. (b) Enrollment. Within 10 business days following submission of a complete enrollment notice, the Secretary or designee shall send the home study program a written acknowledgment of receipt, which shall constitute sufficient enrollment verification for purposes of section 1121 of this title. (1) [Repealed.] (2) [Repealed.] (c) Withdrawal. The parent or guardian shall notify the Secretary in writing within 10 business days following the date that any student is withdrawn from the student’s home study program. (d) [Repealed.] (e) [Repealed.] (f) [Repealed.] (g) [Repealed.] (h) [Repealed.] (i) [Repealed.] (j) Waiver. After the filing of the enrollment notice, if the home study program is unable to comply with any specific requirements due to deep religious conviction shared by an organized group, the Secretary may waive such requirements if the Secretary determines that the educational purposes of this section are being or will be substantially met. (k) Annual notice. A parent or guardian who has provided a complete enrollment notice as described in subsection (a) of this section shall notify the Secretary on or before the start of each following year of the parent’s or guardian’s intention to continue to provide instruction through a home study program via a form provided by the Agency of Education. This notice shall be provided at least 10 business days prior to the intended start date of the home study program. (l) [Repealed.] Added 1987, No. 97, § 3, eff. June 23, 1987; amended 1989, No. 44, § 6, eff. June 1, 1990; 1989, No. 118, § 3; 1991, No. 24, § 11; 1995, No. 100 (Adj. Sess.), § 1; 2005, No. 107 (Adj. Sess.), § 1; 2013, No. 92 (Adj. Sess.), § 14, eff. Feb. 14, 2014; 2019, No. 131 (Adj. Sess.), § 55; 2023, No. 66, § 5, eff. July 1, 2023.

16 V.S.A. § 167 High school equivalence certificate

167. High school equivalence certificate The State Board is authorized to grant high school equivalency certificates to any person who has not been graduated from a high school on the basis of credits earned in the U.S. Armed Forces, credits earned in approved schools for adults, or satisfactory scores obtained on approved examinations. Added 1969, No. 298 (Adj. Sess.), § 18.

16 V.S.A. § 167a Contract for sale and distribution of historical textbook

167a. Contract for sale and distribution of historical textbook (a) The State Board may contract with the Vermont Historical Society or other organization or organizations that it deems responsible to permit the use of any rights and physical properties owned by the State of Vermont in the textbook, “Vermont, A History of the Green Mountain State” for reproduction of the textbook for sale and distribution to the general public. (b) The contracts shall provide among other provisions: (1) that libraries and public or private schools located within the State shall be allowed to purchase an adequate number of copies of the textbook for their own use at the actual cost of publication exclusive of promotional costs; and (2) that sales of the textbook to purchasers other than schools and libraries in the State of Vermont shall include provision for payment of royalty approved by the State Board to Edmund Fuller, author, but not to exceed 15 percent of the total retail selling price, the royalty to be paid by the organization or organizations; and (3) that there shall be paid into the State Treasury by the organization or organizations for the use of the State a percentage of the retail selling price of each textbook sold to the general public, the percentage to be agreed upon between the State Board and the organization or organizations. Added 1969, No. 298 (Adj. Sess.), § 24; 2013, No. 92 (Adj. Sess.), § 15, eff. Feb. 14, 2014.

16 V.S.A. § 170 Control by federal agencies prohibited

170. Control by federal agencies prohibited No department, agency, officer, or employee of the United States shall, because of any provision of this title, direct, supervise, control, or prescribe in any manner, the administration, personnel, curriculum, or instruction in the public schools of Vermont. Added 1969, No. 298 (Adj. Sess.), § 21.
Source: Vermont General Assembly (legislature.vermont.gov)URL: https://legislature.vermont.gov/statutes/chapter/16/003Fetched: 10/21/2026

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