Vermont § 2973 - Independent school tuition rates

§ 2973. Independent school tuition rates

• (a)(1) Notwithstanding any provision of law to the contrary, an approved independent school
  that accepts public tuition shall enroll any student with an individualized education
  program who requires special education services and who is placed in 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 (LEA); 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 LEA and the school. (2) In placing a student with an independent school under subdivision (1) of this subsection,
  the student’s individualized education program team and the LEA shall comply with
  all applicable federal and State requirements. (3) An approved independent school is not required to demonstrate that it has the resources
  to serve every category of special education as defined under State Board of Education
  rules in order to be approved or retain its approval to receive public funding for
  general tuition. (4) The terms “special education services,” “LEA,” and “individualized education program”
  or “IEP” as used in this section shall have the same meanings as defined by State
  Board rules. (b)(1) The Secretary of Education shall establish minimum standards of services for students
  receiving special education services in independent schools in Vermont and may advise
  independent schools as to the need for certain special education services in Vermont. (2)(A) The Secretary of Education shall set, after consultation with independent schools
  in Vermont, and based on the level of services provided by the schools, the maximum
  rates to be paid by the Agency and supervisory unions or school districts for tuition,
  room, and board for residential placement of students who require special education
  services. The amount charged by an independent school for tuition shall reflect the
  school’s actual or anticipated costs of providing special education services to the
  student and shall not exceed the maximum rates set by the Secretary, provided that
  the Secretary may permit charges in excess of these maximum rates where the Secretary
  deems warranted. (B)