Bill Summary – FastDemocracy

BILL AS INTRODUCED                                                        H.736
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                                      H.736
 Introduced by Representatives Stone of Burlington, Arsenault of Williston,
                Burrows of West Windsor, and Graning of Jericho
 Referred to Committee on
 Date:
 Subject: Education; approved independent schools; antidiscrimination
 Statement of purpose of bill as introduced: This bill proposes to require
 approved independent schools to confirm annually with the State Board of
 Education that the school (1) has a statement of nondiscrimination posted on
 the school’s website and included in the school’s application materials that is
 consistent with the Vermont Public Accommodations Act, 9 V.S.A. chapter
 139 and the Vermont Fair Employment Practices Act, 21 V.S.A. chapter 5,
 subchapter 6 and (2) complies with the Vermont Public Accommodations Act,
 9 V.S.A. chapter 139, in all aspects of the school’s admissions and operations.
    An act relating to requiring approved independent schools to confirm
    compliance with the Vermont Public Accommodations Act
 It is hereby enacted by the General Assembly of the State of Vermont:
 Sec. 1. 16 V.S.A. § 166 is amended to read:
 § 166. APPROVED AND RECOGNIZED INDEPENDENT SCHOOLS
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     BILL AS INTRODUCED                                                          H.736
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    (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 VT LEG #372128 v.1
     BILL AS INTRODUCED                                                         H.736
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 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.
                                       ***
       (9)(A) Annually on or before August 1, an approved independent school
 shall provide the State Board of Education with the following information, on a
 form created by the Agency of Education:
             (i) documentation confirming a statement of nondiscrimination is
 posted on the school’s website and included in the school’s application
 materials that is consistent with the Vermont Public Accommodations Act,
 9 V.S.A. chapter 139 and the Vermont Fair Employment Practices Act,
 21 V.S.A. chapter 5, subchapter 6; and
             (ii) an assurance, signed by the head of the school, that the school
 complies with the Vermont Public Accommodations Act, 9 V.S.A. chapter
 139, in all aspects of the school’s admissions and operations.
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    BILL AS INTRODUCED                                                       H.736
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          (B) The requirements of this subdivision (b)(9) shall apply to all
 approved independent schools regardless of whether they are accredited by a
 private, State, or regional agency recognized by the State Board of Education
 for accrediting purposes.
                                       ***
 Sec. 2. EFFECTIVE DATE
    This act shall take effect on July 1, 2024.
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Statutes affected: 
As Introduced: 16-166