Title 16, Title 16: Education

§ 1592. Powers and responsibilities of Board of Trustees With respect to the provision of postsecondary career technical education programs, in addition to those powers and responsibilities set forth in chapter 72 of this title, the Vermont State Colleges Board of Trustees shall:…

§ 1593. Secondary students in postsecondary career technical education programs A secondary career technical student may be enrolled in postsecondary career technical education courses at the expense of the student’s school district of residence if the enrollment is accepted by t…

§ 1601. Definitions As used in this chapter: (1) “Articulation agreement” means a written agreement between a secondary school and a postsecondary institution or registered apprenticeship program specifying the responsibilities for each party to the agreement with respect to stud…

§ 1602. School board responsibilities (a) A school board or its equivalent in any independent secondary school may establish and operate a student apprenticeship program under this chapter when the school board has received approval from the regional advisory board. (b) Each scho…

§ 1603. Elements of the program (a) An eligible student may apply to enter the student apprenticeship program upon successful completion of grade 10 or its equivalent and meeting entrance requirements established by the State Board of Education. (b) A program may be up to four ye…

§ 1604. State Board responsibilities The State Board of Education shall: (1) Establish standards of operation for a student apprenticeship program. Standards shall ensure that a program prepares students to meet labor market standards and needs, and that a student shall receive r…

§ 1605. Regional advisory board responsibilities Each regional advisory board shall: (1) Based on standards of operation established by the State Board of Education, approve or disapprove an application from a school board to establish and operate a student apprenticeship program…

§ 1623. Freedom of expression (a)(1) The General Assembly finds that freedom of expression and freedom of the press are fundamental principles in our democratic society granted to every citizen of the nation by the First Amendment to the U.S. Constitution and to every resident of…

§ 1624. School library material selection policy (a) Each school board and each approved independent school shall develop, adopt, ensure the enforcement of, and make available in the manner described under subdivision 563(1) of this title a library material selection policy. Each…

§ 1691. Purpose The purpose of this chapter is to establish a board of professional educators to oversee the training, licensing, and professional standards of teachers and administrators and to establish hearing panels to determine compliance with those standards to help ensure …

§ 1691a. Definitions As used in this chapter: (1) “Administrator” means an individual licensed under this chapter the majority of whose employed time in a public school, school district, supervisory union, or board of cooperative education services is assigned to developing and m…

§ 1694. Powers and duties of the Standards Board for Professional Educators In addition to any other powers and duties prescribed by law or incidental or necessary to the exercise of such lawful powers and duties, the Standards Board shall: (1)(A) Adopt rules pursuant to 3 V.S.A.…

§ 1695a. Pre-application criminal background determination; uniform process for foreign credential verification (a) Pre-application criminal background determination. An individual may request a pre-application determination of the individual’s criminal background. The pre-applic…

§ 1696. Licensing (a) Qualifications of applicants. An applicant shall submit to the Secretary evidence satisfactory to the Secretary that the applicant either has completed all requirements of an approved educator preparation program or has otherwise acquired the knowledge and s…

§ 1697. Fees (a) Each individual applicant and licensee shall be subject to the following fees: (1) Processing of application $50.00 per application (2) Issuance of Level I license $50.00 per year for the term of the license (3) Issuance of Level II license $50.00 per year for th…

§ 1698. Causes for licensing action Any one of the following, or any combination of the following, constitutes potential cause for licensing action whether occurring within or outside the State: (1) Unprofessional conduct, which means: (A) grossly negligent conduct or greater, on…

§ 1699. Reports of alleged unprofessional conduct or incompetence (a) An individual who has reasonable cause to believe a licensee has engaged in unprofessional conduct or is incompetent may, and a superintendent who has reasonable cause to believe a licensee has engaged in unpro…

§ 1700. Investigation (a) Investigation committee. Upon receiving notice of either an applicant’s appeal of a licensing office decision or an allegation of unprofessional conduct or incompetence on the part of a licensee, the hearing panel administrative officer shall assign one …

§ 1701. Secretary’s determination (a) Matters involving denial of licensure. With respect to an applicant’s appeal, the Secretary shall, within 10 days of receiving the committee’s recommendation, affirm or reverse the licensing decision and notify the applicant in writing. If th…

§ 1702. Hearing panels (a) Appointment. The Governor shall appoint seven teachers, four administrators, and three members of the public to serve on hearing panels for terms of three years beginning on July 1 of the year of appointment. No person shall be eligible for more than on…

§ 1703. Time and notice of hearing The chair of the panel shall fix the time of hearing, which shall be between 30 and 60 days after, as applicable, filing of the license application appeal or service of the charge on the licensee. The chair shall provide the applicant or license…

§ 1704. Burden of proof (a) Denial of licensure. Except as provided in subsection (b) of this section, the burden of proof in matters involving the denial of an initial license or the addition of an endorsement to a license once issued shall be on the applicant by a preponderance…

§ 1705. Hearing officer recommendation The hearing officer shall conduct the hearing for the purpose of issuing recommended findings of fact, conclusions of law, and a proposed decision to the hearing panel. The hearing officer may administer oaths and otherwise exercise the powe…

§ 1706. Decision and order (a) Hearing panel decision. The hearing panel may take additional evidence and may accept, reject, or modify the recommendations of the hearing officer and shall issue findings of fact, conclusions of law, and an order within 30 days of receiving the re…

§ 1707. Appeal from panel order (a)(1) A party aggrieved by a final decision of a hearing panel may, within 30 days after the decision, appeal that decision by filing a notice of appeal with the administrative officer of the hearing panel, who shall refer the case to the Director…

§ 1708. Accessibility and confidentiality of licensing matters (a) It is the purpose of this section both to protect the reputation of licensees from public disclosure of unwarranted complaints and to fulfill the public’s right to know of any action taken against an applicant or …

§ 1710. Literacy professional learning (a) Each supervisory union and each approved independent school that is eligible to receive public tuition shall provide professional learning activities to kindergarten through grade-three educators, to include all teachers and administrato…

§ 1751. Contract A contract between a board of school directors and a teacher shall not be valid unless the same is in writing, or partly written and partly printed, in triplicate, and signed by the teacher and by a majority of the board or by a member of the board or other perso…

§ 1752. Grounds and procedures for suspension and dismissal (a) A teacher under contract to teach in a public school who fails, without just cause, to complete the term for which the teacher contracted to teach shall be disqualified to teach in any public school for the remainder…

§ 1753. Time not spent in teaching counted in determining compensation The time not exceeding five days during any one year, actually spent by a teacher in attendance upon a meeting of the State education associations, or upon educational meetings held under the authority of the …

§ 1755. Sick leave (a) A full time teacher under contract to teach the regular school year in a public school shall be allowed a minimum of 10 days’ sick leave with full pay during each school year. Sick leave not used shall be cumulative at least to 20 days, so long as the teach…

§ 1756. Protection of teachers, employees, and board members in damage suits (a) A town, city, incorporated, or union school district and a supervisory union shall indemnify and save harmless to the extent of the policy limits provided in subsection (b) of this section any person…

§ 1801. Definitions As used in this subchapter: (1) “New District” means a district created by the realignment or merger of two or more current districts into a new supervisory district, union school district, or any other form of merged or realigned district authorized by law, i…

§ 1802. Transition of employees to newly created employer (a) Prior to the first day of a New District’s or a new SU’s existence, upon creation of the Transitional Board, the Board shall: (1) appoint a negotiations council for the New District or New SU for the purpose of negotia…

§ 1803. Vermont Municipal Employees’ Retirement System (a) A New District or New SU, on the first day of its existence, shall assume the responsibilities of any one or more of the Realigning Districts or Realigning SUs that have been participants in the System; provided, however,…

§ 1804. Employment transition; new school district created upon withdrawal from a union school district (a) Definitions. The definitions in section 1801 of this subchapter shall not apply to this section. As used in this section: (1) “Expanded district” means a school district: (…

§ 1931. Definitions As used in this chapter: (1) “Accumulated contributions” shall mean the sum of all the amounts deducted from the compensation of a member and credited to his or her individual account in the Pension Fund, together with regular interest thereon, as provided in …

§ 1932. Date of establishment; power and privileges; name A retirement system is hereby established and placed under the management of the Board of Trustees of the System for the purpose of providing retirement allowances and other benefits under the provisions of this chapter fo…

§ 1933. Members generally (a) Membership in the System shall be a condition of employment for all teachers. A person shall not join the System as a Group A member. A person shall not join the system as a Group B member after June 30, 1990. A service shall not be included in the c…

§ 1935. Teachers in certain public or independent schools (a) The Board of Trustees may designate certain public or independent schools, which are located within the State, and supported wholly or in part by the State but which are not under the control of the State Board of Educ…

§ 1936. Creditable service; military service (a) Each member shall receive membership service credit for all service rendered while a member of the System since he or she became a member, or since he or she last became a member in the event of a break in his or her membership. (b…

§ 1937. Service retirement (a) Upon written application to the Board not later than 90 days, or longer for good cause shown, after the date upon which the retirement allowance is to begin: (1) any Group A member may retire on a service retirement allowance on the first day of the…

§ 1938. Disability retirement (a) Upon notice not later than 90 days subsequent to the date the member may have separated from service, any member who has had five or more years of creditable service and has served as a teacher in the State during the five years immediately prece…

§ 1938a. Benefit denial; evidentiary hearing (a) An applicant for disability retirement benefits under section 1938 of this title may file a request for an evidentiary hearing with the Board of Trustees if the application for benefits is denied. (b) The hearing shall be conducted…

§ 1939. Restoration to service (a) In any fiscal year in which a beneficiary resumes service, as that term is defined in section 1931 of this title, he or she shall again become a member of the System, shall contribute at the rate established for members of his or her group and s…

§ 1940. Termination of service; death; refund; pension (a)(1) Upon the withdrawal of a member from service prior to retirement, the amount of the member’s accumulated contributions, less not more than one-third of the regular interest credited thereon as determined by the Board, …