Effective Discipline Measures

V.S.A. tit. 16, ch. 25, subch. 4

in effect

16 V.S.A. § 1161a Discipline

1161a. Discipline (a) Each public and each approved independent school shall adopt and implement a comprehensive plan for responding to student misbehavior. To the extent appropriate, the plan shall promote the positive development of youths. The plan shall include: (1) The school’s approach to classroom management and response to disruptive behavior, including the use of alternative educational settings. (2) The manner in which the school will provide information and training to students in methods of conflict resolution, peer mediation, and anger management. (3) Procedures for informing parents of the school’s discipline policies, for notifying parents of student misconduct, and for working with parents to improve student behavior. (4) The school’s response to significant disruptions, such as threats or use of bombs or weapons. (5) A description of how the school will ensure that all staff and contractors who routinely have unsupervised contact with students periodically receive training on the maintenance of a safe, orderly, civil, and positive learning environment. The training shall be appropriate to the role of the staff member being trained and shall teach classroom and behavior management, enforcement of the school’s discipline policies, and positive youth development models. (6) A description of behaviors on and off school grounds that constitute misconduct, including harassment, bullying, and hazing, particularly those behaviors that may be grounds for expulsion. The plan shall include a description of misconduct as listed in subdivisions 11(a)(26)(A)-(C) and (32) of this title that, although serious, does not rise to the level of harassment or bullying as those terms are defined in these subdivisions. (7) Standard due process procedures for suspension and expulsion of a student. (b) For the purpose of this chapter, “corporal punishment” means the intentional infliction of physical pain upon the body of a pupil as a disciplinary measure. (c) No person employed by or agent of a public or approved independent school shall inflict or cause to be inflicted corporal punishment upon a student attending the school or the institution. However, this section does not prohibit a person from using reasonable and necessary force: (1) to quell a disturbance; (2) to obtain possession of weapons or other dangerous objects upon the person of or within the control of a student; (3) for the purpose of self defense; or (4) for the protection of persons or property. Added 1983, No. 145 (Adj. Sess.), § 1; amended 1995, No. 35, § 3; 1999, No. 113 (Adj. Sess.), § 6; 2003, No. 91 (Adj. Sess.), § 5; 2003, No. 117 (Adj. Sess.), § 2; 2013, No. 92 (Adj. Sess.), § 123, eff. Feb. 14, 2014; 2019, No. 131 (Adj. Sess.), § 74.

16 V.S.A. § 1162 Suspension or expulsion of students

1162. Suspension or expulsion of students (a) A superintendent or principal may, pursuant to policies adopted by the school board that are consistent with State Board rules, suspend a student for up to 10 school days or, with the approval of the board of the school district, expel a student for up to the remainder of the school year or up to 90 school days, whichever is longer, for misconduct: (1) on school property, on a school bus, or at a school-sponsored activity when the misconduct makes the continued presence of the student harmful to the welfare of the school; (2) not on school property, on a school bus, or at a school-sponsored activity where direct harm to the welfare of the school can be demonstrated; or (3) not on school property, on a school bus, or at a school-sponsored activity where the misconduct can be shown to pose a clear and substantial interference with another student’s equal access to educational programs. (b) Nothing contained in this section shall prevent a superintendent or principal, subject to subsequent due process procedures, from removing immediately from a school a student who poses a continuing danger to persons or property or an ongoing threat of disrupting the academic process of the school, or from expelling a student who brings a weapon to school pursuant to section 1166 of this title. (c) Principals, superintendents, and school boards are authorized and encouraged to provide alternative education services or programs to students during any period of suspension or expulsion authorized under this section. (d) Notwithstanding anything to the contrary in this chapter, a student enrolled in a public school, approved independent school, or prequalified private prekindergarten program who is under eight years of age shall not be suspended or expelled from the school; provided, however, that the school may suspend or expel the student if the student poses an imminent threat of harm or danger to others in the school. (e) A public school or an approved independent school may provide access to alternative education, such as tutoring, instructional materials, and assignments, to a student during any period of suspension of three or more days. A public school or an approved independent school may provide access to alternative education, such as tutoring, instructional materials, and assignments, to a student who has been expelled, except that the school shall provide educational access to the extent otherwise required by law. Amended 1977, No. 33, § 3; 1977, No. 130 (Adj. Sess.); 1995, No. 35, § 4; 1999, No. 113 (Adj. Sess.), § 7; 2001, No. 8, § 19; 2011, No. 58, § 37, eff. May 31, 2011; 2021, No. 35, § 6, eff. May 18, 2021; 2021, No. 166 (Adj. Sess.), § 3, eff. June 1, 2022; 2025, No. 122 (Adj. Sess.), § 4, eff. July 1, 2026.

16 V.S.A. § 1163 Transfer of suspension or expulsion to other schools

1163. Transfer of suspension or expulsion to other schools (a) If a student transfers from one Vermont public or independent school to another, then upon application by the student and after a review of whether the school can provide the student with appropriate services, the new school may choose to continue a suspension or expulsion imposed by the original school. (b) During a period of suspension or expulsion imposed under section 1162 of this title, a student, or parent or guardian, shall not be subject to the provisions of subchapter 3 of this chapter regarding compulsory attendance at school, unless the conditions of the suspension or expulsion include participation in a program in the school or an alternative program outside the school. Further, nothing in this section shall prohibit a suspended or expelled student from applying to a different Vermont public or independent school during the period of suspension or expulsion and attending if accepted. (c) A school district that provides for the education of a suspended or expelled student by paying tuition to a public or approved independent school may, at the discretion of the school board, provide for the education of the student during the period of suspension or expulsion by paying tuition to another public or approved independent school. Added 1999, No. 113 (Adj. Sess.), § 8; amended 2013, No. 92 (Adj. Sess.), § 124, eff. Feb. 14, 2014.

16 V.S.A. § 1165 Alcohol and drug abuse

1165. Alcohol and drug abuse (a) The State Board, in consultation with local school boards, the alcohol and drug division, the law enforcement authorities, and the juvenile court system shall formulate a general policy for the education, discipline, and referral for rehabilitation of students who are involved with alcohol or drug abuse on school property or at school functions. (b) The State Board shall adopt rules for all school districts that include standards consistent with due process of law for discipline, suspension, or dismissal of students and recommended procedures for education and for referral for treatment and rehabilitation. (c) Each school district shall adopt its own policy consistent with the State Board’s rules setting forth recommended procedures for education; referral for treatment, counseling, and rehabilitation; and standards consistent with due process of law for discipline, suspension, or dismissal of students in accordance with section 1162 of this title. Nothing in this section is intended to mandate local school districts to employ counselors for treatment or rehabilitation. (d) [Repealed.] (e) No municipality, school district, or officer or employee of the school district shall be liable for civil damages in connection with the implementation of the purposes of this section so long as they have acted in good faith and not knowingly in violation of the constitutional or civil rights of any person. (f), (g) [Repealed.] Added 1979, No. 62, § 1, eff. April 27, 1979; amended 1983, No. 51, § 4, eff. April 22, 1983; 2003, No. 107 (Adj. Sess.), § 21; 2007, No. 154 (Adj. Sess.), § 6; 2013, No. 92 (Adj. Sess.), § 125, eff. Feb. 14, 2014.

16 V.S.A. § 1166 Possession of a firearm at school

1166. Possession of a firearm at school (a) In this section, the terms “to school” and “firearm” shall have the same meaning that the terms have in 18 U.S.C. § 921. The school board may expand the definitions, however, provided they remain consistent with federal law. (b) Each school board shall adopt and implement policies regarding a student who brings a firearm to or possesses a firearm at school, which at a minimum shall include: (1) A provision that any student who brings a firearm to or possesses a firearm at school shall be referred to a law enforcement agency. In addition to any other action the law enforcement agency may take, it may report the incident to the Department for Children and Families. (2) A provision that the superintendent or principal, with the approval of the school board following opportunity for a hearing, shall expel from the school for not less than one calendar year any student who brings a firearm to or possesses a firearm at school; provided, however, the school board may modify the expulsion on a case-by-case basis. Modifications may be granted in circumstances such as: (A) The student is unaware that he or she has brought a firearm to or possessed a firearm at school. (B) The student did not intend to use the firearm to threaten or endanger others. (C) The student has a disability and the misconduct is related to the student’s disability. (D) The student does not present an ongoing threat to others and a lengthy expulsion would not serve the best interests of the student. (c) Annually at a time and on a form determined by the Secretary, each superintendent shall provide the Secretary with a description of the circumstances surrounding expulsions imposed under this section, the number of students expelled, and the type of firearm involved. Added 1995, No. 35, § 5; amended 2003, No. 36, § 9; 2011, No. 58, § 11, eff. May 31, 2011; 2013, No. 92 (Adj. Sess.), § 126, eff. Feb. 14, 2014; 2013, No. 96 (Adj. Sess.), § 77.

16 V.S.A. § 1167 School resource officer; memorandum of understanding

1167. School resource officer; memorandum of understanding (a) Neither the State Board nor the Agency shall regulate the use of restraint and seclusion on school property by a school resource officer certified pursuant to 20 V.S.A. § 2358. (b) School boards and law enforcement agencies are encouraged to enter into memoranda of understanding relating to: (1) the possession and use of weapons and devices by a school resource officer on school property; and (2) the nature and scope of assistance that a school resource officer will provide to the school system. Added 2011, No. 101 (Adj. Sess.), § 1, eff. May 4, 2012; amended 2013, No. 92 (Adj. Sess.), § 127, eff. Feb. 14, 2014.

Source: Vermont General Assembly (legislature.vermont.gov)URL: https://legislature.vermont.gov/statutes/chapter/16/025Fetched: 10/21/2026