Vermont § 166 - Approved and recognized independent schools

§ 166. Approved and recognized independent schools

• (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 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. (1) On application, the State Board shall approve an independent school that offers kindergarten
  but no other graded education if it finds, after opportunity for hearing, that the
  school substantially complies with the Board’s rules for approved independent kindergartens.
  The State Board may delegate to another State agency the authority to evaluate the
  safety and adequacy of the buildings in which kindergartens are conducted but shall
  consider all findings and recommendations of any such agency in making its approval
  decision. (2) Approvals under this subsection (b) shall be for a term established by rule of the
  Board but not greater than five years. (3) An approved independent school shall provide to the parent or guardian responsible
  for each of its students, prior to accepting any money for a student, an accurate
  statement in writing of its status under this section and a copy of this section.
  Failure to comply with this provision may create a permissible inference of false
  advertising in violation of 13 V.S.A. § 2005. (4) Each approved independent school shall provide to the Secretary on October 1 of each
  year the names, genders, dates of birth, and addresses of its enrolled students. Within
  seven days of the termination of a student’s enrollment, the approved independent
  school shall notify the Secretary of the name and address of the student. The Secretary
  shall notify the appropriate school officials as provided in section 1126 of this title. (5) The State Board may revoke, suspend, or impose conditions upon the approval of an
  approved independent school, after having provided an opportunity for a hearing, for
  substantial failure to comply with the minimum course of study, for failure to demonstrate
  that the school has the resources required to meet its stated objectives, for failure
  to comply with statutory requirements or the Board’s rules for approved independent
  schools, or for failure to report under subdivision (4) of this subsection (b). Upon
  that revocation or suspension, students required to attend school who are enrolled
  in that school shall become truant unless they enroll in a public school, an approved
  or recognized independent school, or a home study program. (6) This subdivision applies to an independent school located in Vermont that offers a
  distance learning program and that, because of its structure, does not meet some or
  all the rules of the State Board for approved independent schools. In order to be
  approved under this subdivision, a school shall meet the standards adopted by rule
  of the State Board for approved independent schools that can be applied to the applicant
  school and any other standards or rules adopted by the State Board regarding these
  types of schools. A school approved under this subdivision shall not be eligible to
  receive tuition payments from public school districts under chapter 21 of this title. (7) Approval for independent residential schools under this subsection is also contingent
  upon proof of the school’s satisfactory completion of an annual fire safety inspection
  by the Department of Public Safety or its designee pursuant to 20 V.S.A. chapter 173, subchapter 2. A certificate executed by the inspecting entity, declaring satisfactory
  completion of the inspection and identifying the date by which a new inspection must
  occur, shall be posted at the school in a public location. The school shall provide
  a copy of the certificate to the Secretary of Education after each annual inspection.
  The school shall pay the actual cost of the inspection unless waived or reduced by
  the inspecting entity. (8)(A) If an approved independent school experiences any of the following financial reporting
  events during the period of its approved status, the school shall notify the Secretary
  of Education within five days after its knowledge of the event unless the failure
  is de minimis: (i) the school’s failure to file its federal or State tax returns when due, after permissible
  extension periods have been taken into account; (ii) the school’s failure to meet its payroll obligations as they are due or to pay federal
  or State payroll tax obligations as they are due; (iii) the school’s failure to maintain required retirement contributions; (iv) the school’s use of designated funds for nondesignated purposes; (v) the school’s inability to fully comply with the financial terms of its secured installment
  debt obligations over a period of two consecutive months, including the school’s failure
  to make interest or principal payments as they are due or to maintain any required
  financial ratios; (vi) the withdrawal or conditioning of the school’s accreditation on financial grounds
  by a private, State, or regional agency recognized by the State Board for accrediting
  purposes; or (vii) the school’s insolvency, as defined in 9 V.S.A. § 2286(a). (B)(i) If the Secretary reasonably believes that an approved independent school lacks financial
  capacity to meet its stated objectives during the period of its approved status, then
  the Secretary shall notify the school in writing of the reasons for this belief and
  permit the school a reasonable opportunity to respond. (ii) If the Secretary, after having provided the school a reasonable opportunity to respond,
  does not find that the school has satisfactorily responded or demonstrated its financial
  capacity, the Secretary may establish a review team that, with the consent of the
  school, includes a member of the Council of Independent Schools, to: (I) conduct a school visit to assess the school’s financial capacity; (II) obtain from the school such financial documentation as the review team requires to
  perform its assessment; and (III) submit a report of its findings and recommendations to the State Board. (iii) If the State Board concludes that an approved independent school lacks financial capacity
  to meet its stated objectives during the period of its approved status, the State
  Board may take any action that is authorized by this section. (iv) In considering whether an independent school lacks financial capacity to meet its
  stated objectives during the period of its approved status and what actions the State
  Board should take if it makes this finding, the State Board may consult with, and
  draw on the analytical resources of, the Vermont Department of Financial Regulation. (C) Information provided by an independent school under this subsection that is not already
  in the public domain is exempt from public inspection and copying under the Public
  Records Act and shall be kept confidential. (c) Recognized independent schools. Upon filing an enrollment notice, a recognized independent school may provide elementary
  or secondary education in Vermont. The enrollment notice shall be on a form provided
  by the Secretary and shall be filed with the Secretary no earlier than three months
  before the beginning of the school year for the public schools in the town in which
  the applicant proposes to locate. (1) The enrollment notice shall contain the following information and assurances: (A) a statement that the school will be in session an amount of time substantially equivalent
  to that required for public schools; (B) a detailed description or outline of the minimum course of study for each grade level
  the school offers and how the annual assessment of each student will be performed;
  and (C) assurances that: (i) the school will prepare and maintain attendance records for each student enrolled
  or regularly attending classes; (ii) at least once each year, the school will assess each student’s progress, and will
  maintain records of that assessment, and present the result of that assessment to
  each student’s parent or guardian; (iii) the school’s educational program will include the minimum course of study set forth
  in section 906 of this title; (iv) the school will have teachers and materials sufficient to carry out the school’s educational
  program; and (v) the school will meet such State and federal laws and regulations concerning its physical
  facilities and health and safety matters as are applicable to recognized independent
  schools. (2) If the Secretary has information that creates significant doubt about whether the
  school would be able to meet the requirements set forth in this subsection, the Secretary
  may call a hearing. At the hearing, the school shall establish that it can meet the
  requirements for recognized independent schools. Failure to do so shall result in
  a finding by the Secretary that the school must take specified action to come into
  compliance within a specified time frame or the children enrolled must attend another
  recognized independent school, a public school, an approved independent school, or
  a home study program, or be declared truant unless absent with legal excuse. (3) A recognized independent school shall provide to each student’s parent or guardian
  a copy of its currently filed statement of objectives and a copy of this section.
  The copy shall be provided when the student enrolls or before September 1, whichever
  comes later. Failure to comply with this subsection may create a permissible inference
  of false advertising in violation of 13 V.S.A. § 2005. (4) A recognized independent school shall renew its enrollment notice annually. An independent
  school shall be recognized for a period not to exceed five years by the Secretary
  without need for filing an annual enrollment notice if: (A) it is recognized by an organization approved by the State Board for the purpose of
  recognizing such school; or (B) it is accredited by a private, state, or regional agency approved by the State Board
  for accrediting purposes; provided, however, nothing in this subdivision (4) shall
  be construed to prohibit the Secretary from initiating a hearing under this subsection
  (c). (5) If the Secretary has information that creates significant doubt about whether the
  school, once in operation, is meeting the requirements for recognized independent
  schools, the Secretary may call a hearing. At the hearing, the school shall establish
  that it has met the requirements for recognized independent schools. Failure to do
  so shall result in a finding by the Secretary that: (A) the school may not be in operation for the remainder of the school year and that the
  children are truant unless absent with legal excuse or enrolled in a public school,
  an independent school, another recognized independent school, or a home study program;
  or (B) the school must take specified action to come into compliance within a specified time
  frame or the school will not be permitted to operate for the remainder of the school
  year. (6) Each recognized independent school shall provide to the Secretary on October 1 of
  each year the names, genders, dates of birth, and addresses of its enrolled students.
  Within seven days of the termination of a student’s enrollment, the recognized independent
  school shall notify the Secretary of the name and address of the student. The Secretary
  shall notify the appropriate school officials as provided in section 1126 of this title. (7) After the filing of the enrollment notice or at a hearing, if the school is unable
  to comply with any specific requirements due to deep religious conviction shared by
  an organized group, the Secretary may waive such requirements if he or she determines
  that the educational purposes of this subsection are being or will be substantially
  met. (d) Council of Independent Schools. A Council of Independent Schools is created consisting of 11 members, no fewer than
  three of whom shall be representatives of recognized independent schools. The Secretary
  shall appoint nine members from within the independent schools’ community. The Secretary
  shall appoint two members from the public-at-large. Each member shall serve for two
  years and may be reappointed for up to an additional two terms. The Council shall
  adopt rules for its own operation. A chair shall be elected by and from among the
  members. The duties of the Council shall include advising the Secretary on policies
  and procedures with respect to independent schools. No hearing shall be initiated
  under this section before the State Board or by the Secretary until the recommendations
  of the Council have been sought and received. The recommendations of the Council,
  including any minority reports, shall be admissible at the hearing. (e) Harassment, hazing, and bullying policies. The board of trustees of an approved or recognized independent school operating in
  Vermont shall adopt harassment, hazing, and bullying prevention policies; establish
  procedures for dealing with harassment, hazing, and bullying of students; and provide
  notice of these. The provisions of chapter 9, subchapter 5 of this title for public
  schools shall apply to this subsection, except that the board shall follow its own
  procedures for adopting policy. (f) Tuition bills. An approved independent school that accepts students for whom the district of residence
  pays tuition under chapter 21 of this title shall bill the sending district monthly
  for a State-placed student and shall not bill the sending district for any month in
  which the State-placed student was not enrolled. (g) Tuition students; assessments. An approved independent school that accepts students for whom the district of residence
  pays tuition under chapter 21 of this title shall use the assessment or assessments
  required under subdivision 164(9) of this title to measure attainment of standards for student performance of those students. In
  addition, the school shall provide data related to the assessment or assessments as
  required by the Secretary. (Amended 1981, No. 151 (Adj. Sess.), § 8; 1983, No. 248 (Adj. Sess.), § 3; 1989, No. 44, § 1; 1993, No. 162 (Adj. Sess.), § 3; 1995, No. 157 (Adj. Sess.), § 2; 1997, No. 60, § 5, eff. June 26, 1997; 1997, No. 84 (Adj. Sess.), § 2; 1999, No. 120 (Adj. Sess.), § 5; 2007, No. 66, § 2; 2007, No. 138 (Adj. Sess.), § 1, eff. May 9, 2008; 2009, No. 153 (Adj. Sess.), § 21b; 2013, No. 92 (Adj. Sess.), § 13, eff. Feb. 14, 2014; 2017, No. 173 (Adj. Sess.), § 20, eff. May 25, 2018; 2017, No. 173 (Adj. Sess.), § 20a, eff. July 1, 2023; 2019, No. 131 (Adj. Sess.), § 54; 2021, No. 20, § 51; 2021, No. 166 (Adj. Sess.), § 14, eff. June 1, 2022.)