Bill Summary – FastDemocracy

BILL AS INTRODUCED                                                        H.209
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                                      H.209
 Introduced by Representative Sibilia of Dover
 Referred to Committee on
 Date:
 Subject: Education; supervisory union; elementary schools
 Statement of purpose of bill as introduced: This bill proposes to give students
 within a supervisory union the choice to attend an elementary school located
 within another school district within the same supervisory union, subject to
 capacity limitations determined by both the sending and receiving elementary
 school. This bill also proposes that no tuition will be charged by the receiving
 district.
    An act relating to public elementary school choice within a supervisory
    union
 It is hereby enacted by the General Assembly of the State of Vermont:
 Sec. 1. 16 V.S.A. § 821a is added to read:
 § 821a. PUBLIC ELEMENTARY SCHOOL CHOICE WITHIN A
             SUPERVISORY UNION
    (a) Application. This section shall apply to elementary school choice
 within a student’s supervisory union of residence when a student wishes to
 attend an elementary school outside of the student’s school district of residence VT LEG #366820 v.1
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 but still within the student’s supervisory union of residence. This section shall
 not apply to:
       (1) elementary school choice outside of a student’s supervisory union of
 residence; or
       (2) elementary school choice within the student’s district of residence.
 A school district’s policy on elementary school assignment shall apply to a
 student attending elementary school within the student’s district of residence.
    (b) Definitions. In this section:
       (1) “Elementary school” means a public school or that portion of a
 public school that offers grades prekindergarten through six or some subset of
 those grades.
       (2) “Student” means a student’s parent or guardian.
    (c) Limits on transferring students. The school board of a sending
 elementary school may limit the number of resident students who transfer to
 another elementary school under this section in each year; provided that in no
 case shall it limit the potential number of new transferring students to fewer
 than five percent of the resident students enrolled in the sending elementary
 school as of October 1 of the academic year in which the calculation is made or
 10 students, whichever is fewer; and further provided that in no case shall the
 total number of transferring students in any year exceed 10 percent of all
 resident elementary school students or 40 students, whichever is fewer.
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    (d) Capacity. On or before February 1 each year, the school board of an
 elementary school shall define and announce its capacity to accept students
 under this section on a per school basis. The Secretary shall develop, review,
 and update guidelines to assist elementary school district boards to define
 capacity limits. Guidelines may include limits based on the capacity of the
 program, class, grade, school building, measurable adverse financial impact, or
 other factors but shall not be based on the need to provide special education
 services.
    (e) Lottery.
       (1) Subject to the provisions of subsection (g) of this section, if more
 than the allowable number of students wish to transfer to a school under this
 section, then the board of the receiving elementary school district shall devise a
 nondiscriminatory lottery system for determining which students may transfer.
       (2) Subject to the provisions of subsection (g) of this section, if more
 than the allowable number of students wish to transfer from a school under this
 section, then the board of the sending elementary school district shall devise a
 nondiscriminatory lottery system for determining which students may transfer;
 provided, however:
             (A) a board shall give preference to the transfer request of a student
 whose request to transfer from the school was denied in a prior year; and VT LEG #366820 v.1
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          (B) a board that has established limits under subsection (b) of this
 section may choose to waive those limits in any year.
    (f) Application and notification.
       (1) A school district shall accept applications for enrollment until March
 1 of the school year preceding the school year for which the student is
 applying.
       (2) A school district shall notify each student of acceptance or rejection
 of the application by April 1 of the school year preceding the school year for
 which the student is applying.
       (3) An accepted student shall notify both the sending and the receiving
 elementary schools of the student’s decision to enroll or not to enroll in the
 receiving elementary school by April 15 of the school year preceding the
 school year for which the student has applied.
       (4) After sending notification of enrollment, a student may enroll in a
 school other than the receiving elementary school only if the student, the
 receiving elementary school, and the elementary school in which the student
 wishes to enroll agree. If the student becomes a resident of a different school
 district, the student may enroll in the elementary school maintained by the new
 district of residence.
       (5) If a student who is enrolled in an elementary school other than in the
 school district of residence notifies the school district of residence by July 15
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 of the intent to return to that school for the following school year, the student
 shall be permitted to return to the elementary school in the school district of
 residence without requiring agreement of the receiving district or the sending
 district.
    (g) Enrollment. An enrolled nonresident student shall be permitted to
 remain enrolled in the receiving elementary school without renewed
 applications in subsequent years unless:
        (1) the student successfully completes the grades offered by the
 receiving elementary school;
        (2) the student is no longer a Vermont resident; or
        (3) the student is expelled from school in accordance with adopted
 school policy.
    (h) Tuition and other costs.
        (1) Unless the sending and receiving schools agree to a different
 arrangement, no tuition or other cost shall be charged by the receiving district
 or paid by the sending district for a student transferring to a different
 elementary school under this section; provided, however, a sending elementary
 school district shall pay special education costs for resident students pursuant
 to the provisions of this title.
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       (2) A student transferring to a different elementary school under this
 section shall pay no tuition, fee, or other cost that is not also paid by students
 residing in the receiving district.
       (3) A district of residence shall include within its average daily
 membership any student who transfers to another elementary school under this
 section; a receiving school district shall not include any student who transfers
 to it under this section.
    (i) Special education. If a student who is eligible for and receiving special
 education services chooses to enroll in an elementary school other than in the
 elementary school district of residence, then the receiving elementary school
 shall carry out the individualized education program, including placement,
 developed by the sending elementary school district. If the receiving
 elementary school believes that a student not on an individualized education
 program may be eligible for special education services or that an existing
 individualized education program should be altered, it shall notify the sending
 elementary school district. When a sending elementary school district
 considers eligibility, development of an individualized education program, or
 changes to a program, it shall give notice of meetings to the receiving
 elementary school district and provide an opportunity for representatives of
 that district to attend the meetings and participate in making decisions.
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    (j) Suspension and expulsion. A sending elementary school district is not
 required to provide services to a resident student during a period of suspension
 or expulsion imposed by another elementary school district.
    (k) Transportation. The superintendent of each supervisory union shall
 establish and update information for students about transportation options
 among the elementary school districts within the same supervisory union.
    (l) Nonapplicability of other laws. The provisions of section 823
 (elementary tuition), 825(b) and (c) (maximum tuition rate), 826(a) (notice of
 tuition change), and section 836 (tuition overcharge and undercharge) of this
 chapter shall not apply to enrollment in an elementary school pursuant to this
 section.
    (m) Waiver. If the school board of an elementary school determines that
 participation under this section would adversely affect students in its
 elementary schools, then it may petition the Secretary for an exemption. The
 Secretary’s decision shall be final.
    (n) Report. Notwithstanding 2 V.S.A. § 20(d), the Secretary shall report
 annually in January to the Senate and House Committees on Education on the
 implementation of public elementary school choice within a supervisory union
 as provided in this section, including a quantitative and qualitative evaluation
 of the program’s impact on the quality of educational services available to
 students and the expansion of educational opportunities.
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 Sec. 2. EFFECTIVE DATE
   This act shall take effect on July 1, 2023.
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