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1 H.820
2 Introduced by Representatives Brady of Williston, Arsenault of Williston,
3 Holcombe of Norwich, and Stone of Burlington
4 Referred to Committee on
5 Date:
6 Subject: Education; maintenance of public schools; designation
7 Statement of purpose of bill as introduced: This bill proposes to (1) create
8 criteria an approved independent school must comply with to receive public
9 tuition and (2) require public school districts that do not maintain a public
10 elementary or high school to designate up to five public or approved
11 independent schools eligible to receive public tuition to serve as the public
12 schools of the district.
13 An act relating to public school designation and the use of public funds for
14 tuition
15 It is hereby enacted by the General Assembly of the State of Vermont:
16 * * * Findings * * *
17 Sec. 1. FINDINGS AND PURPOSE
18 (a) The Vermont Constitution provides that “a competent number of
19 schools ought to be maintained in each town unless the general assembly
20 permits other provisions for the convenient instruction of youth.” Vt. Const.
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1 Ch II, § 68. Interpreting this provision in Brigham v. State, 692 A.2d 384
2 (1997), the Vermont Supreme Court stated that “[t]he state may delegate to
3 local towns and cities the authority to finance and administer the schools
4 within their borders; it cannot, however, abdicate the basic responsibility for
5 education by passing it on to local governments, which are themselves
6 creations of the state.” Id. at 395.
7 (b) Vermont public education funds have been used to send students to ski
8 academies, out-of-state art schools, and even foreign boarding schools.
9 According to data received from a public-records request by the Agency of
10 Education, Vermont paid more than $40,000,000.00 in public tuition to more
11 than 60 private schools in 2016, including more than $1,300,000.00 to out-of-
12 state schools.
13 (c) The tuition paid by school districts that do not maintain their own
14 schools covers less than half of the typical prep school tuition. Low-income
15 Vermonters in such towns still cannot afford many of the private schools in
16 and outside Vermont where current Education Fund dollars are being used
17 towards tuition.
18 (d) The current model of education funding for students in towns that do
19 not operate a school has no income limit, further exacerbating opportunity
20 gaps, whereby students from more economically advantaged families can VT LEG #373135 v.2
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1 access schools and opportunities that are not accessible to all Vermont
2 students.
3 (e) The purpose of this bill is to support and invest in Vermont public
4 schools that serve all children, strengthen community assets, and keep
5 Vermont tax dollars in Vermont.
6 * * * Public School Designation * * *
7 Sec. 2. 16 V.S.A. § 821 is amended to read:
8 § 821. SCHOOL DISTRICT TO MAINTAIN PUBLIC ELEMENTARY
9 SCHOOLS OR PAY TUITION TO DESIGNATED SCHOOLS
10 (a) Each school district shall maintain one or more approved schools within
11 the district in which elementary education for its resident students in
12 kindergarten through grade six is provided unless:
13 (1) the electorate authorizes the school board to provide for the
14 elementary education of the students by paying tuition in accordance with law
15 to one or more up to five designated public elementary or approved nonprofit
16 independent schools in one or more school districts eligible to receive public
17 tuition, pursuant to section 827 of this title;
18 (2) the school district is organized to provide only high school education
19 for its students; or
20 (3) the General Assembly provides otherwise.
21 (b) [Repealed.]
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1 (c) Notwithstanding subsection (a) of this section, without previous
2 authorization by the electorate, a school board in a district that operates an
3 elementary school may pay tuition for elementary students who reside near a
4 public elementary school in an adjacent district upon request of the student’s
5 parent or guardian, if in the board’s judgment the student’s education can be
6 more conveniently furnished there due to geographic considerations. Within
7 30 days of after the board’s decision, a parent or guardian who is dissatisfied
8 with the decision of the board under this subsection may request a
9 determination by the Secretary, who shall have authority to direct the school
10 board to pay all, some, or none of the student’s tuition and whose decision
11 shall be final.
12 (d) Notwithstanding subdivision (a)(1) of this section, the electorate of a
13 school district that does not maintain an elementary school may grant general
14 authority to the school board to pay tuition for an elementary student at an
15 approved independent elementary school or an independent school meeting
16 education quality standards pursuant to sections 823 and 828 of this chapter
17 upon notice given by the student’s parent or legal guardian before April 15 for
18 the next academic year. [Repealed.]
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1 Sec. 3. 16 V.S.A. § 822 is amended to read:
2 § 822. SCHOOL DISTRICT TO MAINTAIN PUBLIC HIGH SCHOOLS OR
3 PAY TUITION TO DESIGNATED SCHOOLS
4 (a) Each school district shall maintain one or more approved high schools
5 in which high school education is provided for its resident students unless:
6 (1) the electorate authorizes the school board to close an existing high
7 school and to provide for the high school education of its students by paying
8 tuition to a up to five designated public or approved nonprofit independent
9 high school schools eligible to receive public tuition, an approved independent
10 high school, or an independent school meeting education quality standards, to
11 be selected by the parents or guardians of the student, within or outside the
12 State pursuant to section 827 of this title; or
13 (2) the school district is organized to provide only elementary education
14 for its students.
15 (b) For purposes of this section, a school district that is organized to
16 provide kindergarten through grade 12 and maintains a program of education
17 for only the first eight years of compulsory school attendance shall be
18 obligated to pay tuition to a designated school or schools for its resident
19 students for at least four additional years.
20 (c)(1) A school district may both maintain a high school and furnish high
21 school education by paying tuition: to a nondesignated independent school that VT LEG #373135 v.2
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1 limits enrollment to students who are on an individualized education program
2 or a plan under Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794,
3 if the local education authority and the individualized education plan team
4 determine that a student has unique educational needs that cannot be served
5 within the district or a nearby public school. Tuition shall be paid pursuant to
6 section 2973 of this title.
7 (A) to a public school as in the judgment of the school board may
8 best serve the interests of the students; or [Repealed.]
9 (B) to an approved independent school or an independent school
10 meeting education quality standards if the school board judges that a student
11 has unique educational needs that cannot be served within the district or at a
12 nearby public school. [Repealed.]
13 (2) The judgment of the board shall be final in regard to the institution
14 the students may attend at public cost. [Repealed.]
15 Sec. 4. 16 V.S.A. § 823 is amended to read:
16 § 823. ELEMENTARY TUITION
17 (a) Tuition for elementary students shall be paid by the district in which the
18 student is a resident.
19 (1) The For students attending a designated public elementary school,
20 the district shall pay the full tuition charged its students attending a public
21 elementary school.
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1 (2) For students attending a designated nonprofit independent school
2 eligible to receive public tuition, the district shall pay the amount of tuition the
3 applicable school charges private payor students, not to exceed the average
4 announced tuition of Vermont union elementary schools for the year of
5 attendance.
6 (b) If a payment made to a designated public elementary school or
7 designated approved nonprofit independent school eligible to receive public
8 tuition is three percent more or less than the calculated net cost per elementary
9 pupil in the receiving school district for the year of attendance, the district shall
10 be reimbursed, credited, or refunded pursuant to section 836 of this title.
11 (c) Notwithstanding the provisions of this subsection or of subsection
12 825(b) of this title, the boards of both the receiving designated schools and
13 sending districts may enter into tuition agreements with terms differing from
14 the provisions of those subsections, provided that the receiving district
15 designated school must offer identical terms to all sending districts, and further
16 provided that the statutory provisions apply to any sending district that declines
17 the offered terms.
18 (b) Unless the electorate of a school district authorizes payment of a higher
19 amount at an annual or special meeting warned for the purpose, the tuition paid
20 to an approved independent elementary school or an independent school
21 meeting education quality standards shall not exceed the least of:
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1 (1) the average announced tuition of Vermont union elementary schools
2 for the year of attendance;
3 (2) the tuition charged by the approved independent school for the year
4 of attendance; or
5 (3) the average per-pupil tuition the district pays for its other resident
6 elementary students in the year in which the student is enrolled in the approved
7 independent school.
8 Sec. 5. 16 V.S.A. § 824 is amended to read:
9 § 824. HIGH SCHOOL TUITION
10 (a) Tuition for high school students shall be paid by the school district in
11 which the student is a resident.
12 (b)(1) Except For students attending a designated public high school,
13 except as otherwise provided for technical students, the district shall pay the
14 full tuition charged its students attending a public high school.
15 (2) in Vermont or an adjoining state or a public or approved independent
16 school in Vermont functioning as an approved area career technical center, or
17 an independent school meeting education quality standards; provided: For
18 students attending a designated nonprofit independent school eligible to
19 receive public tuition, the district shall pay the amount of tuition the applicable
20 school charges private payor students, not to exceed the average announced
21 tuition of Vermont union high schools for the year of attendance.
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1 (1)(b) If a payment made to a designated public high school or an
2 independent school meeting education quality standards a designated approved
3 nonprofit independent school eligible to receive tuition is three percent more or
4 less than the calculated net cost per secondary pupil in the receiving school
5 district or independent school for the year of attendance then the district or
6 school shall be reimbursed, credited, or refunded pursuant to section 836 of
7 this title.
8 (2)(c) Notwithstanding the provisions of this subsection or of subsection
9 825(b) of this title, the board of the receiving public school district, public or
10 approved independent school functioning as an area career technical center, or
11 independent school meeting education quality standards boards of both the
12 designated schools and sending districts may enter into tuition agreements with
13 the boards of sending districts that have terms differing from the provisions of
14 those subsections, provided that the receiving district or designated school
15 must offer identical terms to all sending districts, and further provided that the
16 statutory provisions apply to any sending district that declines the offered
17 terms.
18 (c) The district shall pay an amount not to exceed the average announced
19 tuition of Vermont union high schools for the year of attendance for its
20 students enrolled in an approved independent school not functioning as a VT LEG #373135 v.2
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1 Vermont area career technical center, or any higher amount approved by the
2 electorate at an annual or special meeting warned for that purpose.
3 (d) If a student enrolled in a designated approved nonprofit independent
4 school receives all educational services outside the designated school through a
5 contracted program, including a tutorial program, the sending district shall be
6 reimbursed for the tuition paid to the designated school less the cost of services
7 provided outside the designated school.
8 Sec. 6. 16 V.S.A. § 826 is amended to read:
9 § 826. NOTICE OF TUITION RATES; SPECIAL EDUCATION CHARGES
10 (a)(1) A school board, or the board of trustees of an independent school
11 meeting education quality standards, the board of trustees of an approved
12 nonprofit independent school eligible to receive public tuition that proposes to
13 increase tuition charges shall notify the school board of the school district from
14 which its nonresident students come, and the Secretary, of the proposed
15 increase on or before January 15 in any year; such increases shall not become
16 effective without the notice and not until the following school year.
17 (2) The school board of a sending district may vote to reject tuition
18 increases by a designated nonprofit approved independent school if the
19 percentage of the proposed tuition increase is greater than the percentage of the
20 increase in the sending district’s annual budget in the same year.
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1 (b) A school board or the board of trustees of an independent school
2 meeting education quality standards may establish a separate tuition for one or
3 more special education programs. No such tuition shall be established unless
4 the State Board has by rule defined the program as of a type that may be
5 funded by a separate tuition. Any such tuition shall be announced in
6 accordance with the provisions of subsection (a) of this section. The amount
7 of tuition shall reflect the net cost per pupil in the program. The announcement
8 of tuition shall describe the special education services included or excluded
9 from coverage. Tuition for part-time students shall be reduced proportionally.
10 (c) Excess special education costs incurred by a supervisory union in
11 providing special education services to a student beyond those covered by
12 tuition may be charged to the student’s supervisory union for the district of
13 residence. However, only actual costs or actual proportionate costs attributable
14 to the student may be charged.
15 (d) The State Board shall adopt rules relating to the types of special
16 education programs that may establish tuition charges and relating to methods
17 and times of calculating excess charges.
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