Vermont § 4010 - Determination of weighted long-term membership and per pupil education spending [Effective until contingency met; see also 16 V.S.A. § 4010 effective July 1, 2028 if contingency met, set out below]

§ 4010. Determination of weighted long-term membership and per pupil education spending [Effective until contingency met; see also 16 V.S.A. § 4010 effective July 1, 2028 if contingency met, set out below]

• (a) Definitions. As used in this section: (1) “EL pupils” means pupils described under section 4013 of this title. (2) “FPL” means the Federal Poverty Level. (3) “Weighting categories” means the categories listed under subsection (b) of this section. (b) Determination of average daily membership and weighting categories. On or before the first day of December during each school year, the Secretary shall
  determine the average daily membership, as defined in subdivision 4001(1) of this title, of each school district for the current school year and shall perform the following
  tasks. (1) Using average daily membership, list for each school district the number of: (A) pupils in prekindergarten; (B) pupils in kindergarten through grade five; (C) pupils in grades six through eight; (D) pupils in grades nine through 12; (E) pupils whose families are at or below 185 percent of FPL, using the highest number
  of pupils in the district: (i) that meet this definition under the universal income declaration form; or (ii) who are directly certified for free and reduced-priced meals; and (F) EL pupils. (2)(A) Identify all school districts that have low population density, measured by the number
  of persons per square mile residing within the land area of the geographic boundaries
  of the district as of July 1 of the year of determination, equaling: (i) fewer than 36 persons per square mile; (ii) 36 or more persons per square mile but fewer than 55 persons per square mile; or (iii) 55 or more persons per square mile but fewer than 100 persons per square mile. (B) Population density data shall be based on the best available U.S. Census data as provided
  to the Agency of Education by the Vermont Center for Geographic Information. (C) Using average daily membership, list for each school district that has low population
  density the number of pupils in each of subdivisions (A)(i)–(iii) of this subdivision
  (2). (3)(A) Identify all school districts that have one or more small schools, which are schools
  that have an average two-year enrollment of: (i) fewer than 100 pupils; or (ii) 100 or more pupils but fewer than 250 pupils. (B) As used in subdivision (A) of this subdivision (3), “average two- year enrollment”
  means the average enrollment of the two most recently completed school years, and
  “enrollment” means the number of pupils who are enrolled in a school operated by the
  district on October 1. A pupil shall be counted as one whether the pupil is enrolled
  as a full-time or part-time student. (C) Using average two-year enrollment, list for each school district that has a small
  school the number of pupils in each of subdivisions (A)(i)–(ii) of this subdivision
  (3). (c) Reporting on weighting categories to the Agency of Education. Each school district shall annually report to the Agency of Education by a date established
  by the Agency the information needed in order for the Agency to compute the weighting
  categories under subsection (b) of this section for that district. In order to fulfill
  this obligation, a school district that pays public tuition on behalf of a resident
  student (sending district) to a public school in another school district, an approved
  independent school, or an out-of-state school (each a receiving school) may request
  the receiving school to collect this information on the sending district’s resident
  student, and if requested, the receiving school shall provide this information to
  the sending district in a timely manner. (d) Determination of weighted long-term membership. For each weighting category except the small schools weighting category under subdivision
  (b)(3) of this section, the Secretary shall compute the weighting count by using the
  long-term membership, as defined in subdivision 4001(7) of this title, in that category. [Subdivision (d)(1) effective until contingency met; see also subdivision (d)(1) effective
  July 1, 2026 if contingency met, set out below.] (1) The Secretary shall first apply grade level weights. Each pupil included in long-term
  membership shall count as one, multiplied by the following amounts: (A) prekindergarten—negative 0.54; (B) grades six through eight—0.36; and (C) grades nine through 12—0.39. [Subdivision (d)(1) effective July 1, 2026 if contingency met; see also subdivision
  (d)(1) effective until contingency met, set out above.] (1) The Secretary shall first apply grade level weights. Each pupil included in long-term
  membership shall count as one, multiplied by the following amounts: (A) [Repealed.] (B) grades six through eight—0.36; and (C) grades nine through 12—0.39. (2) The Secretary shall next apply a weight for pupils whose family is at or below 185
  percent of FPL. Each pupil included in long-term membership whose family is at or
  below 185 percent of FPL shall receive an additional weighting amount of 1.03. (3) The Secretary shall next apply a weight for EL pupils. Each EL pupil included in long-term
  membership shall receive an additional weighting amount of 2.49. (4) The Secretary shall then apply a weight for pupils living in low population density
  school districts. Each pupil included in long-term membership residing in a low population
  density school district, measured by the number of persons per square mile residing
  within the land area of the geographic boundaries of the district as of July 1 of
  the year of determination, shall receive an additional weighting amount of: (A) 0.15, where the number of persons per square mile is fewer than 36 persons; (B) 0.12, where the number of persons per square mile is 36 or more but fewer than 55
  persons; or (C) 0.07, where the number of persons per square mile is 55 or more but fewer than 100. (5) The Secretary shall lastly apply a weight for pupils who attend a small school. If
  the number of persons per square mile residing within the land area of the geographic
  boundaries of a school district as of July 1 of the year of determination is 55 or
  fewer, then, for each pupil listed under subdivision (b)(3)(C) of this section (pupils
  who attend small schools): (A) where the school has fewer than 100 pupils in average two-year enrollment, the school
  district shall receive an additional weighting amount of 0.21 for each pupil included
  in the small school’s average two-year enrollment; or (B) where the small school has 100 or more but fewer than 250 pupils, the school district
  shall receive an additional weighting amount of 0.07 for each pupil included in the
  small school’s average two-year enrollment. (6) A school district’s weighted long-term membership shall equal long-term membership
  plus the cumulation of the weights assigned by the Secretary under this subsection. [Subsection (e) not in effect July 1, 2025-June 30, 2029.] (e) Hold harmless. A district’s weighted long-term membership shall in no case be less than 96 and one-half
  percent of its actual weighted long-term membership the previous year prior to making
  any adjustment under this subsection. (f) Determination of per pupil education spending. As soon as reasonably possible after a school district budget is approved by voters,
  the Secretary shall determine the per pupil education spending for the next fiscal
  year for the school district. Per pupil education spending shall equal a school district’s
  education spending divided by its weighted long-term membership. (g) Guidelines. The Secretary shall develop guidelines to enable clear and consistent identification
  of pupils to be counted under this section. (h) Updates to weights. On or before January 1, 2027 and on or before January 1 of every fifth year thereafter,
  the Agency of Education and the Joint Fiscal Office shall calculate, based on their
  consensus view, updates to the weights to account for cost changes underlying those
  weights and shall issue a written report on their work to the House and Senate Committees
  on Education, the House Committee on Ways and Means, and the Senate Committee on Finance.
  The General Assembly shall update the weights under this section and transportation
  reimbursement under section 4016 of this title not less than every five years and the implementation date for the updated weights
  and transportation reimbursement shall be delayed by a year in order to provide school
  districts with time to prepare their budgets. Updates to the weights may include recalibration,
  recalculation, adding or eliminating weights, or any combination of these actions. (Added 1997, No. 60, § 18, eff. July 1, 1998; amended 1999, No. 49, § 2, eff. June 2, 1999; 2003, No. 68, § 39, eff. June 18, 2003; 2003, No. 130 (Adj. Sess.), § 11; 2007, No. 62, § 7; 2007, No. 66, § 19; No. 82, §§ 7, 8; 2013, No. 92 (Adj. Sess.), § 236, eff. Feb. 14, 2014; 2013, No. 142 (Adj. Sess.), § 32; 2013, No. 174 (Adj. Sess.), § 53; 2015, No. 46, § 22, eff. July 1, 2016; 2015, No. 46, § 24, eff. July 1, 2020; 2021, No. 73, § 19, eff. June 8, 2021; 2021, No. 127 (Adj. Sess.), § 4, eff. July 1, 2024; 2021, No. 185 (Adj. Sess.), § E.500.8, eff. July 1, 2024; 2023, No. 76, § 3.) § 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 described under section 4013 of this title. (2) “FPL” means the Federal Poverty Level. (3) “Weighting categories” means the categories listed under subsection (b) of this section. (4) “Child with a disability” means any child in Vermont eligible under State rules to
  receive special education who is enrolled in any of kindergarten through grade 12. (5) “Disability” means any of: (A) a specific learning disability or a speech or language impairment, each of which is
  identified as “Category A”; (B) an emotional disturbance, intellectual disability, developmental delay, or other health
  impairment, each of which is identified as “Category B”; or (C) autism spectrum disorder, deaf-blindness, hearing impairment, orthopedic impairment,
  traumatic brain injury, or visual impairment, each of which is identified as “Category
  C.” (6) “English language proficiency level” means each of the English language proficiency
  levels published as a standardized measure of academic language proficiency in WIDA
  ACCESS for ELLs 2.0 and available to members of the WIDA consortium of state departments
  of education. (7) “Newcomer or SLIFE” means a pupil identified as a New American or as a student with
  limited or interrupted formal education. (b) Determination of average daily membership and weighting categories. On or before the first day of December during each school year, the Secretary shall
  determine the average daily membership, as defined in subdivision 4001(1) of this title, of each school district for the current school year and shall, using average daily
  membership, list for each school district the number of (1) pupils in prekindergarten; (2) pupils in kindergarten through grade five; (3) pupils in grades six through eight; (4) pupils in grades nine through 12; (5) pupils whose families are at or below 185 percent of FPL, using the highest number
  of pupils in the district: (A) that meet this definition under the universal income declaration form; or (B) who are directly certified for free and reduced-priced meals; (6) EL pupils who have been most recently assessed at an English language proficiency
  level of: (A) Level 1; (B) Level 2 or 3; (C) Level 4; or (D) Level 5 or 6; (7) EL pupils who are identified as Newcomer or SLIFE; and (8) children with a disability whose disability is identified as: (A) Category A; (B) Category B; or (C) Category C, provided that a child with multiple disabilities shall be counted solely
  under this subdivision (C). (c) Reporting on weighting categories to the Agency of Education. Each school district shall annually report to the Agency of Education by a date established
  by the Agency the information needed in order for the Agency to compute the weighting
  categories under subsection (b) of this section for that district. In order to fulfill
  this obligation, a school district that pays public tuition on behalf of a resident
  student (sending district) to a public school in another school district, an approved
  independent school, or an out-of-state school (each a receiving school) may request
  the receiving school to collect this information on the sending district’s resident
  student, and if requested, the receiving school shall provide this information to
  the sending district in a timely manner. (d) Determination of weighted long-term membership. For each weighting category, the Secretary shall compute the weighting count by using
  the long-term membership, as defined in subdivision 4001(7) of this title, in that category. (1) Prekindergarten weight. Each pupil included in long-term membership who is enrolled in prekindergarten shall
  receive an additional weighting amount of negative 0.54. (2) Economic disadvantage weight. Each pupil included in long-term membership whose family is at or below 185 percent
  of FPL shall receive an additional weighting amount of 1.02. (3) EL proficiency weights. Each EL pupil included in long-term membership shall receive an additional weighting
  amount, based on the EL pupil’s English language proficiency level, of: (A) 2.11, if assessed as Level 1; (B) 1.41, if assessed as Level 2 or 3; (C) 1.20, if assessed as Level 4; or (D) 0.12, if assessed as Level 5 or 6. (4) EL Newcomer/SLIFE weight. Each EL pupil included in long-term membership who is a Newcomer or SLIFE shall receive
  an additional weighting amount of 0.42. (5) Special education weights. Each child with a disability included in long-term membership shall receive an additional
  weighting amount, based on the categorization of the child’s disability, of: (A) 0.79, if the disability is identified as Category A; (B) 1.89, if the disability is identified as Category B; or (C) 2.49, if the disability is identified as Category C. (6) A school district’s weighted long-term membership shall equal long-term membership
  plus the cumulation of the weights assigned by the Secretary under this subsection (e) Hold harmless. A district’s weighted long-term membership shall in no case be less than 96 and one-half
  percent of its actual weighted long-term membership the previous year prior to making
  any adjustment under this subsection (f) Determination of educational opportunity payment. The Secretary shall determine each school district’s educational opportunity payment
  by multiplying the school district’s weighted long-term membership determined under
  subsection (d) of this section by the base amount. (g) Guidelines. The Secretary shall develop guidelines to enable clear and consistent identification
  of pupils to be counted under this section. (h) Updates to weights, base amount, and transportation reimbursement. On or before January 1, 2026 and on or before January 1 of every fifth year thereafter,
  the Agency of Education and the Joint Fiscal Office shall calculate, based on their
  consensus view and with the advice and consultation of a professional judgment panel
  convened by the Agency, updates to the weights and the base amount, including any
  inflationary measure, to account for cost changes underlying those weights and shall
  issue a written report on their work to the House and Senate Committees on Education,
  the House Committee on Ways and Means, and the Senate Committee on Finance. The General
  Assembly shall update the weights under this section, the base amount, and transportation
  reimbursement under section 4016 of this title not less than every five years and the implementation date for the updated weights
  and transportation reimbursement shall be delayed by a year in order to provide school
  districts with time to prepare their budgets. Updates to the weights may include recalibration,
  recalculation, adding or eliminating weights, or any combination of these actions. (Added 1997, No. 60, § 18, eff. July 1, 1998; amended 1999, No. 49, § 2, eff. June 2, 1999; 2003, No. 68, § 39, eff. June 18, 2003; 2003, No. 130 (Adj. Sess.), § 11; 2007, No. 62, § 7; 2007, No. 66, § 19; No. 82, §§ 7, 8; 2013, No. 92 (Adj. Sess.), § 236, eff. Feb. 14, 2014; 2013, No. 142 (Adj. Sess.), § 32; 2013, No. 174 (Adj. Sess.), § 53; 2015, No. 46, § 22, eff. July 1, 2016; 2015, No. 46, § 24, eff. July 1, 2020; 2021, No. 73, § 19, eff. June 8, 2021; 2021, No. 127 (Adj. Sess.), § 4, eff. July 1, 2024; 2021, No. 185 (Adj. Sess.), § E.500.8, eff. July 1, 2024; 2023, No. 76, § 3; 2025, No. 73, § 35, contingently eff. July 1, 2028.)