Bill Summary – FastDemocracy

AS PASSED BY SENATE                                                          S.167
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                                       S.167
    An act relating to miscellaneous amendments to education law
 It is hereby enacted by the General Assembly of the State of Vermont:
                       * * * Public Construction Bids * * *
 Sec. 1. 16 V.S.A. § 559 is amended to read:
 § 559. PUBLIC BIDS
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    (b) High-cost construction contracts. When a school construction contract
 exceeds $500,000.00 $2,000,000.00:
       (1) The State Board shall establish, in consultation with the
 Commissioner of Buildings and General Services and with other
 knowledgeable sources, general rules for the prequalification of bidders on
 such a contract. The Department of Buildings and General Services, upon
 notice by the Secretary, shall provide to school boards undergoing construction
 projects suggestions and recommendations on bidders qualified to provide
 construction services.
       (2) At least 60 days prior to the proposed bid opening on any
 construction contract to be awarded by a school board that exceeds
 $500,000.00 $2,000,000.00, the school board shall publicly advertise for
 contractors interested in bidding on the project. The advertisement shall
 indicate that the school board has established prequalification criteria that a VT LEG #375981 v.1
     AS PASSED BY SENATE                                                         S.167
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 contractor must meet and shall invite any interested contractor to apply to the
 school board for prequalification. All interested contractors shall submit their
 qualifications to the school board, which shall determine a list of eligible
 prospective bidders based on the previously established criteria. At least 30
 days prior to the proposed bid opening, the school board shall give written
 notice of the board’s determination to each contractor that submitted
 qualifications. The school board shall consider all bids submitted by
 prequalified bidders meeting the deadline.
    (c) Contract award.
       (1) A contract for any such item or service to be obtained pursuant to
 subsection (a) of this section shall be awarded to one of selected from among
 the three or fewer lowest responsible bids conforming to specifications, with
 consideration being given to quantities involved, time required for delivery,
 purpose for which required, competency and responsibility of bidder, and his
 or her the bidder’s ability to render satisfactory service. A board shall have the
 right to reject any or all bids.
       (2) A contract for any property, construction, good, or service to be
 obtained pursuant to subsection (b) of this section shall be awarded to the
 lowest responsible bid conforming to specifications. However, when
 considering the base contract amount and without considering cost overruns, if
 the two lowest responsible bids are within one percent of each other, the board VT LEG #375981 v.1
     AS PASSED BY SENATE                                                         S.167
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 may award the contract to either bidder. A board shall have the right to reject
 any bid found not to be responsible or conforming to specifications or to reject
 all bids.
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             * * * Postsecondary Schools Chartered in Vermont * * *
 Sec. 2. 16 V.S.A. § 176(d) is amended to read:
    (d) Exemptions. The following are exempt from the requirements of this
 section except for the requirements of subdivision (c)(1)(C) of this section:
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       (4) Postsecondary schools that are accredited. The following
 postsecondary institutions are accredited, meet the criteria for exempt status,
 and are authorized to operate educational programs beyond secondary
 education, including programs leading to a degree or certificate: Bennington
 College, Champlain College, College of St. Joseph, Goddard College, Green
 Mountain College, Landmark College, Marlboro College, Middlebury College,
 New England Culinary Institute, Norwich University, Saint Michael’s College,
 SIT Graduate Institute, Southern Vermont College, Sterling College, Vermont
 College of Fine Arts, and Vermont Law and Graduate School. This
 authorization is provided solely to the extent necessary to ensure institutional
 compliance with federal financial aid-related regulations, and it does not affect,
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     AS PASSED BY SENATE                                                        S.167
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 rescind, or supersede any preexisting authorizations, charters, or other forms of
 recognition or authorization.
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 Sec. 3. 2023 Acts and Resolves No. 29, Sec. 6(c) is amended to read:
    (c) Sec. 2 (16 V.S.A. § 1480) shall take effect on July 1, 2024 July 1, 2025.
                         * * * Holocaust Education * * *
 Sec. 4. HOLOCAUST EDUCATION; DATA COLLECTION; REPORT
    (a) On or before December 1, 2024, the Agency of Education shall request
 from all supervisory unions a report containing information regarding whether
 and where Holocaust education is taught in the prekindergarten through grade
 12 supervisory union-wide curriculum. The request required under this
 subsection shall be developed in consultation with the Vermont Holocaust
 Memorial.
    (b) On or before September 1, 2025, Supervisory unions shall report back
 to the Agency with the information requested pursuant to subsection (a) of this
 section.
    (c) On or before January 1, 2026, the Agency shall submit a written report
 to the Senate and House Committees on Education with information, organized
 by supervisory union, regarding the inclusion of Holocaust education in
 curriculum across the State. Additionally, the report shall include an
 explanation of how curricula are developed, including an analysis of how VT LEG #375981 v.1
     AS PASSED BY SENATE                                                           S.167
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 Holocaust education fits into the standards for student performance adopted by
 the State Board of Education pursuant to 16 V.S.A. § 164(9).
    (d) On or before January 1, 2026, the Agency shall provide all supervisory
 unions with Holocaust education resources, which shall be developed in
 consultation with the Vermont Holocaust Memorial.
                           * * * Virtual Learning * * *
 Sec. 5. 16 V.S.A. § 948 is added to read:
 § 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.
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     AS PASSED BY SENATE                                                             S.167
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    (c) The Agency of Education shall adopt rules pursuant to 3 V.S.A. chapter
 25 to implement this section.
    (d) 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.
 Sec. 6. 16 V.S.A. § 942(13) is amended to read:
       (13) “Virtual learning” means learning in which the teacher and student
 communicate concurrently through real-time telecommunication. “Virtual
 learning” also means online learning in which communication between the
 teacher and student does not occur concurrently and the student works
 according to his or her own schedule 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.
                          * * * Home Study Program * * *
 Sec. 7. 16 V.S.A. § 166b is amended to read:
 § 166b. HOME STUDY PROGRAM
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    (e) Hearings after enrollment. If the Secretary has information that
 reasonably could be expected to justify an order of termination under this VT LEG #375981 v.1
     AS PASSED BY SENATE                                                         S.167
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 section, the Secretary may call a hearing. At the hearing, the Secretary shall
 establish one or more of the following:
       (1) the home study program has substantially failed to comply with the
 requirements of this section;
       (2) the home study program has substantially failed to provide a student
 with the minimum course of study; or
       (3) the home study program will not provide a student with the
 minimum course of study.
    (f) Notice and procedure. Notice of a hearing shall include a brief
 summary of the material facts and shall be sent to each parent or guardian and
 each instructor of the student or students involved who are known to the
 Secretary. The hearing shall occur within 30 days following the day that
 notice is given or sent. The hearing shall be conducted by an impartial hearing
 officer appointed by the Secretary from a list approved by the State Board. At
 the request of the child’s parent or guardian, the hearing officer shall conduct
 the hearing at a location in the vicinity of the home study program.
    (g) Order following hearing. After hearing evidence, the hearing officer
 shall enter an order within 10 working days. The order shall provide that
 enrollment be continued or that the enrollment be terminated. An order shall
 take effect immediately. Unless the hearing officer provides for a shorter
 period, an order terminating enrollment shall extend until the end of the VT LEG #375981 v.1
     AS PASSED BY SENATE                                                          S.167
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 following school year, as defined in this title. If the order is to terminate the
 enrollment, a copy shall be given to the appropriate superintendent of schools,
 who shall take appropriate action to ensure that the child is enrolled in a school
 as required by this title. Following a hearing, the Secretary may petition the
 hearing officer to reopen the case only if there has been a material change in
 circumstances.
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                             * * * Effective Date * * *
 Sec. 8. EFFECTIVE DATE
    This act shall take effect on July 1, 2024.
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Statutes affected: 
As Introduced: 16-559, 16-176(d), 16-176
As Passed By the Senate -- Official: 16-559, 16-176(d), 16-176, 16-942(13), 16-942, 16-166b
As Passed By the Senate -- Unofficial: 16-559, 16-176(d), 16-176, 16-942(13), 16-942, 16-166b