Vermont § 1804 - Employment transition; new school district created upon withdrawal from a union school district

§ 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: (A) that was responsible for the education of students residing in a single town for some,
  but not all, grades, whether by operating all grades, tuitioning all grades, or operating
  some grades and paying tuition for others; and (B) that, as the result of its withdrawal from a union elementary or union high school
  district pursuant to section 725 of this title, is solely responsible for the education of its resident students in all grades prekindergarten
  through grade 12, whether by operating all grades, tuitioning all grades, or operating
  some grades and paying tuition for others. (2) “New district” means: (A) a school district created by withdrawal from a unified union school district pursuant
  to section 724 of this title that is responsible for the prekindergarten through grade 12 education of students
  residing in a single town, whether by operating all grades, tuitioning all grades,
  or operating some grades and paying tuition for others; (B) a school district responsible for the prekindergarten through grade 12 education of
  students residing in a single town, whether by operating all grades, tuitioning all
  grades, or operating some grades and paying tuition for others, that was formed when
  another town’s withdrawal from a unified union school district resulted in dissolution
  of the union district; (C) an expanded district that did not operate any schools immediately prior to withdrawal
  and, after withdrawal, operates a school in one or more of the grades previously operated
  by the union district; or (D) a school district created by withdrawal from a union elementary or union high school
  district pursuant to section 725 of this title if prior to withdrawal the withdrawing member was a member of both a union elementary
  school district and a union high school district, was not independently organized
  as a district responsible for the education of students in any grade, and did not
  have a town school district board. (3) “Operational date” means the date on which a new district or an expanded district
  assumes full and sole responsibility for the education of its resident students in
  the grades for which the union district was previously responsible. “Initial operational
  year” and “second operational year” mean the year commencing on the operational date
  and the year immediately following the initial operational year, respectively. (4) “Transitional period” means the period of time beginning on the day on which the State
  Board declares the creation and existence of the new district or the expanded district
  pursuant to subdivision 724(h)(2) or 725(h)(2) of this title and continuing until the new district’s or newly expanded district’s operational
  date. (b) Negotiations council and recognized representatives of a new district. At its first meeting during the transitional period, the board of a new district shall: (1) appoint a school board negotiations council for the new district for the purpose of
  negotiating with the representatives of future licensed and nonlicensed employees
  of the new district; and (2) recognize the representative of the employees of the union school district as the
  recognized representative of the employees of the new district. (c) Employment agreements for the initial and second operational years of a new district. (1) After the new district’s organizational meeting, the new district’s school board negotiations
  council and the representative of the employees of the new district shall commence
  negotiations relating to the employment of licensed and nonlicensed employees in the
  initial operational year. Negotiations shall be conducted pursuant to the provisions
  of chapter 57 of this title for teachers and administrators and 21 V.S.A. chapter 22 for other employees. The negotiations council or councils representing employees
  of the union school district shall represent the employees of the new district unless
  and until the exclusive representative for employees of the new district designates
  new representatives to a negotiations council. (2) If the parties do not ratify a new agreement at least 90 days prior to the new district’s
  operational date, then the new district and its employees shall be governed by the
  terms of the collectively bargained agreement in place for the union district for
  the year preceding the initial operational year unless and until the parties agree
  otherwise. (d) Non-probationary employees; changes to seniority and other provisions. For each new district and its employees, whether governed by an agreement in the initial
  operational year pursuant to subdivision (c)(1) or (c)(2) of this section: (1) an employee of the union district in the year preceding the initial operational year
  who was not a probationary employee of the union district at the conclusion of that
  year shall not be considered a probationary employee if employed by the new district
  in the initial operational year; and (2) prior to the operational date, the board of the union district, the board of the new
  district, and the representative of the employees of the union district may negotiate
  a temporary memorandum of understanding to adjust provisions in the union district
  contract regarding seniority, reductions in force, layoff, and recall in order to
  assist the workforce needs of both the union district and the new district and the
  best interests of the licensed and nonlicensed employees they employ. (e) Individual employment contracts not covered by a collective bargaining agreement. On its operational date, the new district shall assume the obligations of each existing
  individual employment contract, including accrued leave and associated benefits, of
  any union district employee not covered by a collective bargaining agreement who worked
  in the building located in the new district in the year preceding the initial operational
  year and who chooses to continue to work in the same capacity in that building in
  the initial operational year. (f) Supervisory unions. If the State Board creates a new supervisory union to provide services to the new
  district and one or more other school districts, then the provisions of subsections
  (b) through (e) of this section shall apply to the transition of any employee who
  was employed by the union district in the year prior to the initial operational year
  to provide services typically provided by a supervisory union employee, if the employee
  is employed by the new supervisory union in the initial operational year to provide
  the same services, with the board of the new supervisory union assuming the responsibilities
  of the board of the new district as outlined in subsections (b) through (e) of this
  section. (Added 2021, No. 176 (Adj. Sess.), § 11, eff. June 7, 2022.)