Title 16, Title 16: Education

§ 3443. State Aid for School Construction Advisory Board [Repealed effective July 1, 2035] (a) Creation. There is hereby created the State Aid for School Construction Advisory Board, which shall advise the Agency on the implementation of the State Aid for School Construction Prog…

§ 3444. School Construction Aid Special Fund [Effective July 1, 2026] (a) Creation. There is created the School Construction Aid Special Fund, to be administered by the Agency of Education. Monies in the Fund shall be used for the purposes of: (1) awarding aid to school construct…

§ 3445. Approval and funding of school construction projects [Effective July 1, 2026] (a) Construction aid. (1) Preliminary application for construction aid. A school district eligible for assistance under section 3447 of this title that intends to construct or purchase a new sch…

§ 3446. Appeal [Effective July 1, 2026] Any municipal corporation as defined in section 3447 of this title aggrieved by an order, allocation, or award of the Agency of Education may, within 30 days, appeal to the Superior Court in the county in which the project is located. (Adde…

§ 3447. School building construction; State bonds; city as school district The State Treasurer may issue bonds under 32 V.S.A. chapter 13 in such amount as may from time to time be appropriated to assist incorporated school districts, joint contract schools, town school districts…

§ 3448e. Construction of career technical education facilities; approval and funding (a) Definitions. For the purposes of this section: (1) “Construction” includes the purchase of career technical education facilities. (2) “School district” means, unless otherwise provided: (A) a…

§ 3448f. Energy performance contracting; authorization; State aid (a) Definitions. As used in this section: (1) “Cost-saving measure” means any facility improvement, repair, or alteration or any equipment, fixture, or furnishing to be constructed or installed in any facility that…

§ 3453a. Emergency operation centers and shelters Any school building that may be designated as a local, regional, or State emergency operation center or shelter shall be designed for use as an emergency operations center or shelter. For this purpose, the proposed project shall i…

§ 3454. Deferred maintenance No State school construction aid shall be available under this title for any proposed project or construction if the Secretary finds the need for the project or construction has arisen in whole or in part from significant deferred maintenance. The Sta…

§ 3455a. Computer aided design Whenever a school district or independent school makes final application for construction aid pursuant to subdivision 3448(a)(5) of this title, the district or school shall submit to the Secretary copies of site plans and building plans either in co…

§ 3456. Limit of indebtedness The amount of indebtedness of an incorporated school district, town school district, or union school district incurred to finance any project approved under sections 3447-3456 of this title shall not be considered a part of the indebtedness of such l…

§ 3581. Acceptance The State Board may accept, use, disburse, and account for federal funds made available for the purposes of acquisition, construction, reconstruction, remodeling, or repair of public school buildings. (Amended 2013, No. 92 (Adj. Sess.), § 223, eff. Feb. 14, 201…

§ 3582. Formulation of plans The State Board may formulate any State plan, including preparation of surveys and estimates of school building needs, required by federal legislation. (Amended 2013, No. 92 (Adj. Sess.), § 224, eff. Feb. 14, 2014.)

§ 3583. Control by federal authority prohibited No supervision or control may be exercised under the provisions of this subchapter by any federal authority over the administration, personnel, curriculum, instruction, methods of instruction, or materials of instruction in any Verm…

§ 3597. Tax-credit bond financing; qualified school academy zones; qualified school construction bonds The American Recovery and Reinvestment Act of 2009, Pub. L. No. 111-5, expanded existing and created new tax-credit bond programs available to public schools. Accordingly, schoo…

§ 3641. Common investment of individual trust funds In its discretion, an educational institution may associate together for common investment the funds of individual trusts or individual funds held by it whether created by order of court or otherwise, if the terms of the trust o…

§ 3681. Complaint to Superior Court If an educational corporation or association holds a fund of which, whether by statute or by usage, only the income may be expended, and, because of such limitation, such corporation or association is unable to reduce its indebtedness and to pa…

§ 3682. Contents of complaint; party defendant; notice A complaint brought in accordance with section 3681 of this title shall set forth the situation of such corporation or association within the provisions of that section 3681 and shall describe particularly the fund involved a…

§ 3683. Hearing; determination If the Superior Court shall find upon hearing that the situation of such corporation or association is within the provisions of section 3681 of this title, that its affairs have been conducted in a proper manner, and that the purposes of its organiz…

§ 3684. Orders The court may make all orders necessary or incidental to the exercise of the jurisdiction conferred by this subchapter, including such orders relating to the custody, preservation, and conservation of the assets and property of the corporation or association as may…

§ 3741. School construction; debt service; taxation A school district that issues bonded debt to pay for capital construction costs is authorized under the provisions of sections 428 and 511 of this title to levy ad valorem taxes on the grand list to pay for debt service as it be…

§ 3742. Flag display Each school district shall erect a flag pole on the building or premises of each public school and, while school is in session, at such times as it directs, shall cause a United States flag, which shall not be lettered or marked in any way, to be displayed. A…

§ 3743. Textbooks, appliances, and supplies The board shall select and provide all textbooks, appliances, and supplies required for use in the elementary schools and the textbooks required for use in the secondary schools in the town district that shall be paid for by the distric…

§ 3821. Transfer; acceptance An incorporated academy, institute, seminary, or other educational institution, having no capital stock, by vote of at least two-thirds of its directors, trustees, or other governing body, may authorize the transfer of all of its real and personal pro…

§ 3822. Proceeding in Superior Court (a) An incorporated academy, institute, seminary, or other educational institution, and a school district, upon completion of the votes required by section 3821 of this title and before transfer of any property, shall apply to the Superior Cou…

§ 3823. The Austine School; financing (a) Notwithstanding any provision of law to the contrary, the Vermont Center for the Deaf and Hard of Hearing, which owns and operates the Austine School for the Deaf, and its successors in interest are authorized to mortgage, pledge as colla…

§ 3824. The Austine School for the Deaf; selection of president Any president of the Vermont Center for the Deaf and Hard of Hearing selected and hired subsequent to June 11, 2003 shall be selected and hired pursuant to the provisions for employing a superintendent of schools in …

§ 3851. Definitions (a) “Agency” means the Vermont Educational and Health Buildings Financing Agency. (b) “Facilities” means all or any part of any building, improvements to real property, equipment, furnishings, appurtenances, utilities, and other property, real or personal, det…

§ 3852. Vermont Educational and Health Buildings Financing Agency; creation; members (a) A board of 13 members known as the Vermont Educational and Health Buildings Financing Agency is created. It is a body corporate and politic constituting a public instrumentality of the State.…

§ 3853. Powers The Agency may: (1) Sue and be sued. (2) Have a seal and alter it at pleasure. (3) Acquire property, both real and personal, in the name of the Agency, including leasehold and other interest in land necessary or convenient in the Agency’s determination for its corp…

§ 3854. Operation and management of facilities (a) The Agency may operate and manage, or may cause to be operated and managed by any agent or operator under written contract, facilities financed under this chapter. (b) The Agency, in its sole discretion, shall establish fees, rat…

§ 3855. Trust funds (a) All monies received under the authority of this chapter, whether as proceeds from the sale of bonds or notes or as revenues, shall be deemed to be trust funds to be held and applied solely as provided in this chapter. Any officer with whom, or any bank or …

§ 3856. Bonds (a) The Agency is authorized to issue from time to time bonds or notes of the Agency for the purposes authorized by this chapter and refunding bonds for the purpose of refunding any bonds issued by the Agency under this chapter, including the payment of any redempti…

§ 3857. Liability of State The bonds and other obligations of the Agency shall not be a debt of the State of Vermont nor shall the State be liable thereon, nor shall they be payable out of any funds other than those of the Agency. (Added 1966, No. 56 (Sp. Sess.), § 8, eff. March …

§ 3858. Legal investment The bonds and notes are hereby made securities in which all public officers and bodies of this State and all municipalities and municipal subdivisions, all insurance companies and associations, all savings banks and savings institutions, including savings…

§ 3859. Exemptions from taxation (a) The creation of the Agency and the carrying out of its corporate purposes is in all respects for the benefit of the people of the State of Vermont and for the improvement of their education, health, welfare, and prosperity, and is a public pur…

§ 3860. Remedies of bondholders (a) If the Agency defaults in the payment of principal of or interest on any of the bonds of any series after they become due, either at maturity or upon call for redemption, and the default continues for a period of 30 days, or if the Agency fails…

§ 3861. Compensation of members and employees of Agency No officer, member, or employee of the Agency may receive, or be lawfully entitled to receive, any pecuniary profit from the operation of the Agency except reasonable compensation for services in effecting one or more of its…

§ 3862. Reports The Vermont Education and Health Buildings Finance Agency shall prepare and annually submit to the Governor a complete report listing all projects applied for, planned, in progress, and completed and a complete financial report duly audited and certified by a cert…

§ 4000. Statement of policy (a) The intent of this chapter is to make educational opportunity available to each student in each town on substantially equal terms, in accordance with the Vermont Constitution and the Vermont Supreme Court decision of February 5, 1997, Brigham v. St…

§ 4001. Definitions As used in this chapter: [Subdivision (1) effective until contingency met; see also subdivision (1) effective July 1, 2028 if contingency met, set out below.] (1) “Average daily membership” of a school district or, if needed in order to calculate the appropria…

§ 4002. Payment; allocation (a) State and federal funds appropriated for services delivered by the supervisory union and payable through the Agency shall be paid to the order of the supervisory union and administered in accordance with the plan adopted under subdivision 261a(4) o…

§ 4003. Conditions (a) No school district shall receive any aid under this chapter unless that school district complies with the provisions of law relative to teachers’ salaries, appointment of superintendents, detailed financial reports to the Agency, and any other requirements …

§ 4010. Determination of weighted long-term membership and educational opportunity payment [Effective July 1, 2028 if contingency met; see also 16 V.S.A. § 4010 effective until contingency met, set out above] (a) Definitions. As used in this section: (1) “EL pupils” means pupils …

§ 4011. Education payments [Subsection (a) effective until contingency met; see also subsection (a) effective July 1, 2028 if contingency met, set out below.] (a) Annually, the General Assembly shall appropriate funds to pay for statewide education spending and a portion of a bas…

§ 4012. State-placed students (a) A district that provides for the education of its students by paying tuition to an approved independent school or a public school outside the district shall receive from the Secretary an amount equal to the calculated net cost per pupil in the re…