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1 H.634
2 Introduced by Representatives Sibilia of Dover, Arsenault of Williston, Brady
3 of Williston, Burrows of West Windsor, Graning of Jericho,
4 Holcombe of Norwich, and Stone of Burlington
5 Referred to Committee on
6 Date:
7 Subject: Education; maintenance of public schools; designation; tuition; school
8 closure
9 Statement of purpose of bill as introduced: This bill proposes to require school
10 districts that close an existing elementary or high school to provide for the
11 education of its students by designating three or fewer public elementary or
12 high schools to serve as the public school or schools of the district.
13 An act relating to school closures and the designation of a public school to
14 serve as the public school of the district
15 It is hereby enacted by the General Assembly of the State of Vermont:
16 Sec. 1. 16 V.S.A. § 821 is amended to read:
17 § 821. SCHOOL DISTRICT TO MAINTAIN PUBLIC ELEMENTARY
18 SCHOOLS OR PAY TUITION
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1 (a) Each school district shall maintain one or more approved schools within
2 the district in which elementary education for its resident students in
3 kindergarten through grade six is provided unless:
4 (1) the electorate authorizes the school board to provide for the
5 elementary education of the students by paying tuition in accordance with law
6 to one or more public elementary schools in one or more school districts;
7 (2) the school district is organized to provide only high school education
8 for its students; or
9 (3) the General Assembly provides otherwise.
10 (b) [Repealed.]
11 (c) Notwithstanding subsection (a) of this section, without previous
12 authorization by the electorate, a school board in a district that operates an
13 elementary school may pay tuition for elementary students who reside near a
14 public elementary school in an adjacent district upon request of the student’s
15 parent or guardian, if in the board’s judgment the student’s education can be
16 more conveniently furnished there due to geographic considerations. Within
17 30 days of after the board’s decision, a parent or guardian who is dissatisfied
18 with the decision of the board under this subsection may request a
19 determination by the Secretary, who shall have authority to direct the school
20 board to pay all, some, or none of the student’s tuition and whose decision
21 shall be final.
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1 (d) Notwithstanding subdivision (a)(1) of this section, the electorate of a
2 school district that does not maintain an elementary school may grant general
3 authority to the school board to pay tuition for an elementary student at an
4 approved independent elementary school or an independent school meeting
5 education quality standards pursuant to sections 823 and 828 of this chapter
6 upon notice given by the student’s parent or legal guardian before April 15 for
7 the next academic year.
8 (e) Notwithstanding subsections (a) and (d) of this section, if the electorate
9 of a school district authorizes the school board to close an existing elementary
10 school, or if a school board votes to close an existing elementary school, the
11 school district shall provide for the elementary education of its students by
12 designating three or fewer public elementary schools as the public elementary
13 school or schools of the district, pursuant to section 827 of this title.
14 Sec. 2. 16 V.S.A. § 822 is amended to read:
15 § 822. SCHOOL DISTRICT TO MAINTAIN PUBLIC HIGH SCHOOLS OR
16 PAY TUITION
17 (a) Each school district shall maintain one or more approved high schools
18 in which high school education is provided for its resident students unless:
19 (1) the electorate authorizes the school board to close an existing high
20 school and to provide for the high school education of its students by paying
21 tuition to a public high school, an approved independent high school, or an
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1 independent school meeting education quality standards, to be selected by the
2 parents or guardians of the student, within or outside the State designating
3 three or fewer public high schools as the public high school or schools of the
4 district, pursuant to section 827 of this title; or
5 ***
6 Sec. 3. 16 V.S.A. § 827 is amended to read:
7 § 827. DESIGNATION OF A PUBLIC HIGH SCHOOL OR AN
8 APPROVED INDEPENDENT HIGH SCHOOL AS THE PUBLIC
9 HIGH SCHOOL OF A SCHOOL DISTRICT
10 (a) School designation.
11 (1) High school designation. A school district not maintaining an
12 approved public high school may vote on such terms or conditions as it deems
13 appropriate, to designate three or fewer approved independent or public high
14 schools as the public high school or schools of the district.
15 (2) Elementary school designation. A school district whose electorate
16 authorizes the school board to close an existing elementary school, or a school
17 district whose school board votes to close an existing elementary school, shall
18 provide for the elementary education of its students by designating three or
19 fewer public elementary schools as the public elementary school or schools of
20 the district.
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1 (b) Tuition. Except as otherwise provided in this section, if the board of
2 trustees or the school board of a designated school votes to accept this
3 designation, the school shall be regarded as a public school for tuition purposes
4 under subsection 824(b) of this title, and the sending school district shall pay
5 tuition only to that school, and to any other school designated under this
6 section, until such time as the sending school district or the designated school
7 votes to rescind the designation.
8 (c) Parent requests. A parent or legal guardian who is dissatisfied with the
9 instruction provided at a designated school or who cannot obtain for his or her
10 the parent’s or legal guardian’s child the kind of course or instruction desired
11 there, or whose child can be better accommodated in an approved independent
12 or public high school nearer his or her the child’s home during the next
13 academic year, may request on or before April 15 that the school board pay
14 tuition to another approved independent or public high school selected by the
15 parent or guardian.
16 (d) School board decision regarding parent requests. The school board may
17 pay tuition to another approved high school as requested by the parent or legal
18 guardian if in its judgment that will best serve the interests of the student. Its
19 decision shall be final in regard to the institution the student may attend. If the
20 board approves the parent’s request, the board shall pay tuition for the student
21 in an amount not to exceed the least of:
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1 (1) The statewide average announced tuition of Vermont union high
2 schools.
3 (2) The per-pupil tuition the district pays to the designated school in the
4 year in which the student is enrolled in the nondesignated school. If the district
5 has designated more than one school pursuant to this section, then it shall be
6 the lowest per-pupil tuition paid to a designated school.
7 (3) The tuition charged by the approved nondesignated school in the
8 year in which the student is enrolled.
9 (e) Notwithstanding any other provision of law to the contrary:
10 (1) the school districts of Pawlet, Rupert, and Wells may designate a
11 public high school located in New York as the public high school of the district
12 pursuant to the provisions of this section;
13 (2) unless otherwise directed by an affirmative vote of the school
14 district, when the Wells Board approves parental requests to pay tuition to a
15 nondesignated approved independent or public school, the Board shall pay
16 tuition in an amount not to exceed the base education amount as determined
17 under section 4011 of this title for the fiscal year in which tuition is being paid;
18 and
19 (3) unless otherwise directed by an affirmative vote of the school
20 district, when the Strafford Board approves a parental request to pay tuition to
21 a nondesignated approved independent or public school, the Board shall pay VT LEG #373021 v.1
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1 tuition to the nondesignated school pursuant to section 824 of this title for the
2 year in which the student is enrolled; provided, however, that it shall not pay
3 tuition in an amount that exceeds the tuition paid to the designated school for
4 the same academic year. [Repealed.]
5 Sec. 4. 16 V.S.A. § 830 is added to read:
6 § 830. PROHIBITION ON SCHOOL CLOSURE AND TRANSITION TO
7 PAYING TUITION
8 A school district shall be prohibited from closing an existing school and
9 providing for the education of its resident students by paying tuition for its
10 students to attend a public or approved independent school chosen by the
11 parents of the district’s students. A school district that closes an existing
12 school shall provide for the education of its resident students by designating a
13 public school or schools to serve as the public school of the district in
14 accordance with sections 821, 822, and 827 of this title, as applicable.
15 Sec. 5. EFFECTIVE DATE
16 This act shall take effect on July, 1, 2024.
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Statutes affected: As Introduced: 16-821, 16-822, 16-827