Legislative Bulletin

February 11, 2008

 

January 31 Education Legislative Reception A Success

 

The first Education Legislative Reception for local educators and education officials and legislators was a rousing success.  More than two hundred teachers, administrators, board members and legislators packed the State House cafeteria on January 31 to enjoy refreshments and speak about topics of mutual interest and concern.

Brief remarks about the importance of the good work of Vermont’s public schools, the need for reasonable access to resources and the importance of sound public policy concerning our schools were offered by Burlington Superintendent Jeanne Collins, Randolph board member Laura Soares and Montpelier High School Principal Peter Evans, and two teachers.  Participants at the reception were treated to musical performances by a string trio from the Montpelier High School and a moving presentation titled “The Art of Me” by the Woodstock Union High School Speak Chorus.

One dominant theme for the reception was the serious and ongoing concerns by local officials over the so-called “two-vote” provision of Act 82 of 2007.  It was apparent at the reception that many local educators were speaking with members of the General Assembly about the ill-conceived and inequitable nature of this one-size fits all approach to cost containment.  Bolstering the position of the locals were data sheets at the reception reflecting the recent track record for local schools in the area of cost containment.

 

 

Bills Introduced To Repeal “Two-vote” Provisions of Act 82

A bill seeking repeal of the “two vote” provisions of Act 82 has been introduced in each chamber of the General Assembly that seeks to repeal the “two-vote” provision of Act 82.  Act 82 requires that some school districts present their budget as two separate questions before voters beginning in FY2010.  This will likely give voters in these districts with the impression that the smaller, second budget amount is for unnecessary extras, when in fact the school board believes the whole budget amount is required for adequate operation of the school district.

In the Senate, Senator Doug Racine has sponsored S.273.  In the House, Representatives Nuovo, Zuckerman, Pillsbury, Fallar, French, Edwards, Haas, Hutchinson, Randall, Pearson, Bray, Stevens, Godin, Mrowicki, Mitchell, and Cheney have sponsored H.741.  Supporters of these bills should contact their Senators and Representatives this week.  Ask them to request hearings on the bill in the near future.  You might remind them that no public hearings were held prior to the enactment of the two vote provisions of Act 82, so it is vitally important to hold them now.  If your Senator or Representative is already a sponsor of one of the repeal bills, be sure contact him or her to say “thank you” for becoming a sponsor.

School Energy Bill Introduced

A bill that would assist school districts in reducing energy consumption has been introduced by Representative Peter Peltz of Woodbury and a host of co-sponsors (H.784).  Representative Peltz, who has also served on his local school board, took an interest in the topic of energy conservation in schools as method to address costs last session and has worked to craft useful legislation to support schools in those efforts.  In developing his bill, Representative Peltz conferred with several parties, including the Vermont Superintendents Association’s School Energy Management Program Director, Norman Etkind.

H. 784 would establish three program initiatives to support school districts in work related to reducing energy consumption.  The initiatives are: (1) a school energy retrofit program through which financial incentives are awarded to school districts to analyze and install comprehensive, cost-effective energy retrofits for school buildings; (2) a facility operating plan initiative in which an energy management specialist and Vermont school facility managers create a template outlining proper management of school energy systems, which is then tested and improved by volunteer school districts and customized to individual school needs and completed for every school in Vermont; and (3) a regional facility management pilot project in which a consortium of supervisory unions jointly employs an expert in school energy systems to support the most energy efficient management of school buildings and facilities within the consortium.

 

H.784, currently in the House Natural Resources & Energy Committee, should receive serious consideration by the General Assembly.  The bill was the subject of a front page article in Monday’s Times Argus.  This is a bill that could be of significant assistance to school districts. Please contact your representatives and ask them to look at the bill and give it support.

 

House Education Committee Develops Technical Corrections Bill

 

As in previous years, the annual technical corrections bill that is now being considered in the House Education committee includes several unrelated provisions that are intended to be mechanical “fixes” to education statutes, rather than new policy.  As we have noted in previous years, it is nearly impossible to remove all policy issues from the text of this legislation.  As required by the federal No Child Left Behind Act, the bill extends a provision in place for several years stipulating that homeless students  are to be educated either in the district where they began the year or the district where they currently  live.  The bill also would allow Guildhall to join a group of five other towns that are allowed to tuition elementary students to New Hampshire public schools.

 

One important change in the proposed bill includes a re-write of how many pre-kindergarten (pre-k) students a district may include in its calculation of average daily membership (ADM).  The new options, as envisioned in the bill’s latest draft, are somewhat similar to the limits imposed by last year’s pre-k bill (Act 62), with a couple of important changes.  (EEE students may all be included, and districts that operated a pre-k program in FY07 will still be “grandfathered in” at their FY07 enrollment size, as they were under Act 62).  Districts can now choose the greater of: 1) 10 children, or 2) the district’s first grade ADM from the previous year, or 3) the average grade size of the total number of children in 1st through 5th grade, or 4) the total number of children enrolled in the pre-k program (or programs) who are eligible to enter kindergarten the following year.

 

The bill also includes a provision that would allow a district that has decided to pay the full cost of a capital construction project, non-withstanding the moratorium on state aid for school construction, to receive approval for the project from the Commissioner of Education and therefore have the costs removed from the district’s calculation of excess spending.  It is unclear whether the district would also have these costs exempted from the calculation of the maximum inflation amount (for the two-vote provision) beginning in FY2010. 

 

Three Republican House Members Unveil A New Proposed Education Funding Formula

 

Representatives Rick Hube, Carolyn Branagan, and Patricia McDonald held a press conference last week to propose a new education funding formula to replace the Act 60/68 system.  The proposal, known as Vermont LEAF (Local Education Affordability Formula), would make several dramatic changes to education financing.  The statewide homestead education property tax would be repealed, including a repeal of the property tax adjustment and common level of appraisal.  The non-residential education property tax would remain.  A block grant would be sent to schools equal to 85% of the prior year’s statewide average education spending per pupil for each student.  All spending above the block grant would be paid for via a local residential property tax.

The proposal has several other components, including that the state would assume 100% of the costs of special education and essential early education.  Transportation would become an exclusively local cost, and districts that spend less than the block grant would be allowed to keep 20% of the savings locally.  According to calculations by the Joint Fiscal Office, the proposal as it currently stands would require $158 million dollars of additional revenue from an undetermined source.   

 

The proposal is being received in Montpelier with great caution.  According to the Burlington Free Press, the Governor has stated that he would need to see more details before endorsing the concept, and the Speaker of the House suggested that LEAF is an election-year ploy.  In fact, the idea is just a minor revision to an education financing formula that was found unconstitutional in 1997.  Although the proposal is accompanied by a superficially impressive spreadsheet that shows tax rates dropping in nearly every town in Vermont, we remind our readers that this calculation ignores $158 million of additional revenue that would be required.  For more information on the proposal, visit vermontleaf.com.

 

Senate Committee Considers Bill Requiring Some Educational Experiences for Youth Through Age 18

 

The Senate Education Committee is developing a bill that would require youth to stay enrolled in school, or enroll in an alternative education program, through age 18, or risk losing his or her eligibility for a driver’s license as punishment.  The bill would require additional oversight of “at-risk” students by their resident school district, and would presumably increase participation of high school “drop-outs” in alternative education programs.  The Committee will be taking testimony on the draft bill (not yet available on-line) beginning this week.

 

The bill would require districts to identify all students in grades 6 – 12 that are at-risk of not completing secondary school, based on model criteria developed by the Department of Education.  Districts would work with each identified student to develop a “personal education plan” (PEP), which would include a reading proficiency component, an adult mentor component, applied learning opportunities, dual enrollment opportunities, and other services necessary to prepare the student for life after graduation. 

 

If a high school student is on the verge of dropping out, the district would be required to  provide information about alternative paths to graduation, specifically the high school completion program created in Title 16 § 1049a.  The bill then goes on to specify that a 16 or 17 year-old youth who has withdrawn from high school and is not participating in any alternative education programs will be ineligible to hold a driver’s license. 

 

Senate Education Committee Update – Architectural Bids

 

The Senate Education Committee is considering a bill that would require school districts to solicit at least three proposals from architects or architectural firms prior to hiring an architect for a construction or renovation project. The proposals would be required to include certain information about the architect’s base fee, the cost of potential change orders during construction, and the rates charged by the architect for expenses.  The bill would not require that the district actually hire one of the architects that submits a proposal. The Committee took testimony on the bill from architects last week, and may return to the bill next week.

 

House Education Committee Update

The House Education Committee swiftly passed the school breakfast bill providing free breakfast to those students who qualify federally for reduced price breakfast.  The bill now is awaiting action in the House Appropriations Committee, whose members must weigh the $185,000 cost against other legislative priorities.  H.333 was described in our legislative bulletin of January 22.

 

The Committee is currently considering a new statewide school calendar bill that was drafted based on the recommendations of the Commissioner of Education, also described in our January 22 bulletin.  The main order of business for the Committee this week will be further work on the technical corrections bill discussed earlier in this Bulletin.

 

New Education Bills Introduced in 2008

 

H. 533 CODIFICATION OF EXISTING STATE LAW ESTABLISHING REGIONAL SCHOOL CHOICE FOR PUBLIC SCHOOL STUDENTS IN GRADES 9 THROUGH 12

Sponsor:  Ainsworth, David

This bill proposes to codify No. 150 of the Acts of the 1999 Adj. Sess. (2000), establishing regional school choice for public school students in grades 9 through 12, as amended by No. 182 of the Acts of the 2005 Adj. Sess. (2006), which repealed the date on which the original bill was scheduled to be repealed.

 

H.556 AUTHORIZING ALTERNATIVE, COST-CONTAINING MEASURES BY SCHOOL DISTRICTS

Sponsor(s):       Branagan, Carolyn Whitney

This bill proposes to authorize the commissioner of education to exempt a school district from state education statutes upon approval of the district’s proposal to implement alternative, less costly measures that meet statutory goals.

 

H.581 TELEPHONE NUMBERS ON SCHOOL BUSES

Sponsor:  Bissonnette, Clement

This bill proposes to require school buses to display the telephone number of the bus company on the rear of the vehicle so that citizens can report instances of dangerous driving.

 

H.582 SCHOOL CONSTRUCTION FUNDS AND THE EXCESS SPENDING AMOUNT

Sponsors:  Ancel, Janet, Bray, Christopher, Jewett, Willem

This bill proposes to authorize the commissioner of education to review school construction proposals to determine whether funds may be deducted from district education spending when calculating excess spending.

 

H.584 THE PROPERTY TAX ADJUSTMENT CONFIDENTIALITY

Sponsors: Representatives Sharpe of Bristol, Botzow of Pownal, Browning of Arlington, Cheney of Norwich, Condon of Colchester, Courcelle of Rutland City, Deen of Westminster, Fisher of Lincoln, Grad of Moretown, Marek of Newfane, Masland of Thetford, Otterman of Topsham and Winters of Williamstown

This bill proposes to maintain confidentiality of the property tax adjustment amount.

 

H.591 CRIMINAL HISTORY RECORDS

Sponsors: Grad of Moretown and Donaghy of Poultney

This bill proposes to:

(1)   implement the recommendations of the access to criminal history record information study committee;

(2)   provide criminal record update services (subscription services) to criminal justice agencies and vulnerable population employers;

(3)   ratify the national crime prevention and privacy compact; and

(4)   establish procedures for fingerprint-supported criminal record check searches.

 

H.614 TIF VALUE IN THE COMMON LEVEL OF APPRAISAL CALCULATION

Sponsors: Representatives Atkins of Winooski and Bissonnette of Winooski

This bill proposes that the value of property in a TIF district shall not be taken into account in determining the town’s common level of appraisal.

 

H.630 PROVIDING NOTICE OF ELEMENTARY AND SECONDARY TUITION RATES

Sponsors:  Trombley, Ira, Johnson, Mitzi

This bill proposes to require public and approved independent schools to establish tuition rates by December 28 for the following fiscal year (approximately five weeks earlier than required currently).

 

H.635 REPORTS OF CHILD ABUSE OR NEGLECT

Sponsors: Lippert of Hinesburg and Pugh of S. Burlington

This bill proposes to:  1) establish a differential response system for reports of child abuse and neglect; 2) establish a tiered system for the child abuse and neglect registry; and 3) permit the state to enter into reciprocal agreements with other jurisdictions for the purpose of investigating child abuse and neglect.

 

H.640 REQUIRING POSTSECONDARY CREDITS IN AFRICAN AMERICAN HISTORY AS A CONDITION OF TEACHER LICENSING

Sponsor:  Pugh, Ann

This bill proposes to require each applicant seeking to obtain or renew a license to teach in a public elementary or secondary school in Vermont to have completed at least one three-credit course at an accredited college or university in African American history, covering the period from the European colonization of North America through the end of the twentieth century.

 

H.646 TEN PERCENT HOUSEHOLD INCOME LIMIT ON EDUCATION PROPERTY TAX

Sponsor:  Komline, Patti

This bill proposes to limit education property tax to a maximum of ten percent of household income.

 

H.649 REPEAL OF PROPERTY TAX EXEMPTIONS

Sponsors: Otterman of Topsham, Branagan of Georgia and Hube of Londonderry

This bill proposes to repeal most property tax exemptions and phase in taxation of charitable organization property over a five-year period.

 

H.687 SERVICES FOR YOUTHS WITH DISABILITIES

Sponsors: Representatives Hosford of Waitsfield and Donahue of Northfield

This bill proposes to extend eligibility for transitional support services to youths with disabilities until they attain 22 years of age and to authorize the secretary of human services to study the costs and benefits of further extending such services for youths between 22 and 28 years of age.

 

H.708 AN EXCEPTION TO THE SUSPENSION OF STATE AID FOR SCHOOL CONSTRUCTION FOR CERTAIN ENERGY PERFORMANCE CONTRACTS

Sponsors: Ojibway of Hartford, Clerkin of Hartford, Courcelle of Rutland City, Howard of Rutland City and McCormack of Rutland City

This bill proposes to authorize payment of 20 percent state aid for energy performance contracting to a school district which sent a letter of intent to enter into an energy performance contract to a contractor prior to July 1, 2007 and qualifies for aid under the law, notwithstanding the suspension on state aid for school construction imposed by the General Assembly in 2007.

 

H.713 REQUIRING SCHOOLS RECEIVING TUITION TO PROVIDE STUDENT ASSESSMENT REPORTS TO SENDING DISTRICTS

Sponsor: Trombley, Ira

This bill proposes to require schools receiving tuition for students from other school districts to report at least twice each year to the sending district regarding the academic progress of the sending district's students.

 

H.718 HIGH PERFORMANCE SCHOOL DESIGN AND CONSTRUCTION STANDARDS

Sponsors: Trombley, Ira

This bill proposes to require the development of high performance school design and construction standards.  It requires that with regard to applications for school construction aid submitted on or after July 1, 2009, full state aid shall be available only if the project’s preliminary aid application states the intent to comply with the standards and if compliance with the standards is documented upon project completion.  The bill proposes that the department of education may determine that compliance with the standards is impractical for a specific project and may elect to provide partial or full state aid absent compliance.

 

H.721 STATE PAYMENT OF INTEREST FOR SCHOOL CONSTRUCTION FUNDS BORROWED IN ANTICIPATION OF STATE AID

Sponsors: Godin of Milton, Edwards of Brattleboro, Fitzgerald of St. Albans City, Gilbert of Fairfax, Manwaring of Wilmington, Martin of Springfield, Milkey of Brattleboro, Peltz of Woodbury, Potter of Clarendon, Shand of Weathersfield and Wheeler of Derby

This bill proposes to stipulate that the state shall pay interest on funds borrowed in anticipation of aid.

 

H.723 SCHOOL CHOICE FOR STUDENTS WHO HAVE BEEN SUBJECT TO HARASSMENT

Sponsor: Komline, Patti

This bill proposes to authorize school choice for students who have been subject to harassment.

 

H.724 THE REPEAL OF RESTRICTIONS ON THE IDLING OF SCHOOL BUS ENGINES AND OF VOLUNTARY PROVISIONS RELATED TO THE IDLING OF OTHER MOTOR VEHICLE ENGINES

Sponsors: Perry of Richford, Branagan of Georgia, Canfield of Fair Haven, Gervais of Enosburg, Keenan of St. Albans City, McAllister of Highgate and McNeil of Rutland Town

This bill proposes to repeal No. 48 of the Acts of 2007, entitled An Act Relating to the Idling of Motor Vehicle Engines on School Property.

 

H.725 VOTING FOR A SUPERVISORY UNION BUDGET

Sponsor: Komline, Patti

This bill proposes to require that the voters in each member district of a supervisory union have an opportunity to vote on the supervisory union budget.

 

H.727 DRUG TESTING IN THE WORKPLACE

Sponsor: Sweaney, Donna

This bill proposes to provide the employer with more enforcement tools for drug testing in the workplace.

 

H.741 THE REPEAL OF THE REQUIREMENT THAT BUDGETS IN EXCESS OF THE MAXIMUM INFLATION AMOUNT BE PRESENTED TO THE VOTERS AS A DIVIDED QUESTION

Sponsors: Nuovo of Middlebury, Stevens of Shoreham, Bray of New Haven, Cheney of Norwich, Edwards of Brattleboro, Fallar of Tinmouth, French of Randolph, Godin of Milton, Haas of Rochester, Hutchinson of Randolph, Mitchell of Barnard, Mrowicki of Putney, Pearson of Burlington, Pillsbury of Brattleboro, Randall of Troy and Zuckerman of Burlington

This bill proposes to repeal the provisions of Secs. 5 and 6 of No. 82 of the Acts of 2007.

 

H.748 PERMITTING SECONDARY STUDENTS TO POSSESS AND SELF-ADMINISTER LIFE-SAVING MEDICINE

Sponsors: Clark of Vergennes, Errecart of Shelburne, Barnard of Richmond, Mook of Bennington, Gilbert of Fairfax, McDonald of Berlin, Oxholm of Vergennes and Peltz of Woodbury

This bill proposes to permit students with life-threatening food allergies or other life-threatening chronic illnesses to possess and self-administer life-saving medications on school grounds, at school-sponsored activities, and during school-related programs occurring before or after the regular school day, or both.

 

H.760 GRANTING POSTSECONDARY CREDIT FOR SUCCESSFUL COMPLETION OF ADVANCED PLACEMENT COURSES, DUAL ENROLLMENT COURSES, AND POSTSECONDARY COURSES COMPLETED THROUGH AN ON-LINE OR CORRESPONDENCE COURSE OFFERED

Sponsors: Gilbert of Fairfax, Allard of St. Albans Town, Anderson of Montpelier, Atkins of Winooski, Barnard of Richmond, Bissonnette of Winooski, Branagan of Georgia, Clark of Vergennes, Clerkin of Hartford, Consejo of Sheldon, Errecart of Shelburne, Fallar of Tinmouth, Fitzgerald of St. Albans City, French of Randolph, Gervais of Enosburg, Godin of Milton, Howrigan of Fairfield, Johnson of South Hero, Keenan of St. Albans City, LaVoie of Swanton, Lenes of Shelburne, McAllister of Highgate, McDonald of Berlin, Mitchell of Barnard, Mook of Bennington, Moran of Wardsboro, Mrowicki of Putney, Oxholm of Vergennes, Pearson of Burlington, Pellett of Chester, Peltz of Woodbury, Perry of Richford, Pillsbury of Brattleboro, Potter of Clarendon, Smith of Morristown, Spengler of Colchester, Stevens of Shoreham, Trombley of Grand Isle, Turner of Milton, Wheeler of Derby and Zenie of Colchester

This bill proposes to require that Vermont postsecondary institutions receiving appropriations from the state adopt policies granting postsecondary academic credit to all enrolled students who have successfully completed an advanced placement course at a Vermont secondary school and received a score of 3, 4, or 5 on the examination; a course through a dual enrollment program; or an on-line or correspondence course through an accredited college or university.  Postsecondary institutions, however, shall have flexibility in awarding credit if the course is a required course in the student’s declared major field of concentration.  This bill also permits postsecondary institutions to grant academic credit for relevant life experience.

 

H.762 HEALTHY STUDENTS

Sponsors: Representatives Dostis of Waterbury and Chen of Mendon

This bill proposes to establish nutritional standards for food and beverages sold on school grounds and to prohibit the sale of food and beverages that do not meet those standards.

 

H.778 DELAYING THE REQUIREMENT THAT BUDGETS IN EXCESS OF THE MAXIMUM INFLATION AMOUNT BE PRESENTED TO THE VOTERS AS A DIVIDED QUESTION

Sponsors: French of Randolph, Donahue of Northfield, Haas of Rochester and Hutchinson of Randolph

This bill proposes to delay by one year the effective date of the divided vote enacted in Secs. 5 and 6 of No. 82 of the Acts of 2007.

 

H.779 EXCLUSION OF APPROVED SCHOOL CONSTRUCTION COSTS AND OF AMOUNTS DEPOSITED INTO A CONSTRUCTION RESERVE FUND FROM THE CALCULATIONS OF THE MAXIMUM INFLATION AMOUNT

Sponsors: French of Randolph, Donahue of Northfield, Haas of Rochester and Hutchinson of Randolph

This bill proposes to exclude those portions of the budget attributable to approved school construction costs and to amounts deposited into construction reserve funds, regardless of the length of time they remain deposited, from the calculation that determines whether the school budget will be presented to the voters as a divided question.

 

H.780 REQUIRING THAT WARNINGS AND BALLOTS FOR SCHOOL BUDGETS ARE SUBSTANTIVELY THE SAME AS THE "DIVIDED VOTE" PROVISIONS REQUIRED IN NO. 82 OF THE ACTS OF 2007

Sponsors: Representatives French of Randolph, Donahue of Northfield, Haas of Rochester and Hutchinson of Randolph

This bill proposes to require that warnings and ballots for school budgets include the substance of the “divided vote” provisions mandated by Secs. 5 and 6 of No. 82 of the Acts of 2007, but would permit school districts to choose the way in which the provisions are worded.

 

H.782 SCHOOL BUSES

Sponsors: French of Randolph and Hutchinson of Randolph

This bill proposes to exempt from the statutory definition of school bus motor vehicles that employees of a public or state-recognized or approved independent school operate to transport students to or from school-related activities.

 

H.784 ENERGY CONSERVATION IN PUBLIC SCHOOLS

Sponsors: Peltz of Woodbury, Barnard of Richmond, Botzow of Pownal, Chen of Mendon, Clark of Vergennes, Clarkson of Woodstock, Donovan of Burlington, Dostis of Waterbury, Fitzgerald of St. Albans City, Gilbert of Fairfax, Godin of Milton, Jewett of Ripton, Kilmartin of Newport City, Klein of East Montpelier, Ancel of Calais, Leriche of Hardwick, Malcolm of Pawlet, Martin of Wolcott, McDonald of Berlin, Mook of Bennington, Oxholm of Vergennes, Potter of Clarendon, Trombley of Grand Isle and Westman of Cambridge

This bill proposes to reduce energy consumption in Vermont schools through three initiatives:  (1) a school energy retrofit program through which financial incentives are awarded to school districts to analyze and install comprehensive, cost-effective energy retrofits for school buildings; (2) a facility operating plan initiative in which an energy management specialist and Vermont school facility managers create a template outlining proper management of school energy systems, which is then tested and improved by volunteer school districts and customized to individual school needs and completed for every school in Vermont; and (3) a regional facility management pilot project in which a consortium of supervisory unions jointly employs an expert in school energy systems to support the most energy efficient management of school buildings and facilities within the consortium.

 

H.785 ENCOURAGING SECONDARY STUDENTS TO PURSUE POSTSECONDARY EDUCATION OR TRAINING

Sponsor: Ancel, Janet

This bill proposes to direct the commissioner of education, the chancellor of the Vermont state colleges, and the president of the Vermont student assistance corporation to develop and implement strategies to increase the number of secondary students who pursue postsecondary education or training.

 

H.794 STATE-LEVEL COLLECTION OF THE EDUCATION PROPERTY TAX

Sponsors: Howard of Rutland City and Peterson of Williston

This bill proposes to provide for state-level collection of the education property tax, thus eliminating the need to notify towns of individual property tax adjustment amounts.

 

H.812 ENSURING EDUCATIONAL CONTINUITY FOR PREGNANT AND PARENTING STUDENTS

Sponsor: Fisher of Lincoln

This bill proposes to support the decision of pregnant and parenting students to continue their secondary or elementary education by remaining enrolled in a public or an approved independent school but, for a period to be determined by the involved parties, receiving academic instruction and other services at a teen parent education program.  The student’s district of residence, or the public or approved independent school in which the student is enrolled if the district of residence does not maintain a school at the student’s grade level, would be responsible for ensuring the quality of the student’s academic program at the teen parent education program and for helping the student to transition back to school.

 

For the 2008–2009 academic year: (1) the state would pay a grant of $30,000.00 to each teen parent education program in the state; (2) for attendance in the teen parent education program, the district of residence would pay an amount equal to 83 percent of the school’s prior year per pupil spending, prorated; and (3)  if the district of residence did not maintain an elementary or secondary school at the pupil’s grade level, the district of residence would pay the remaining 17 percent of that amount to the school in which the student is enrolled for coordinating the educational program and facilitating the pupil’s subsequent transitional plan.

 

Beginning in the 2009–2010 academic year, the grants and other payments outlined above would be paid only to teen parent education programs that received state board of education approval.

 

H.813 COMMERCIALISM IN PUBLIC SCHOOLS

Sponsors: Pearson of Burlington, Edwards of Brattleboro, Aswad of Burlington, Deen of Westminster, Devereux of Mount Holly, Donovan of Burlington, Fisher of Lincoln, Gervais of Enosburg, Godin of Milton, Grad of Moretown, Hosford of Waitsfield, Jewett of Ripton, Kitzmiller of Montpelier, Larson of Burlington, Leriche of Hardwick, Manwaring of Wilmington, Martin of Springfield, McCullough of Williston, Milkey of Brattleboro, Mitchell of Barnard, Moran of Wardsboro, Mrowicki of Putney, Nuovo of Middlebury, Pellett of Chester, Perry of Richford, Pillsbury of Brattleboro, Sharpe of Bristol, Spengler of Colchester, Stevens of Shoreham, Sweaney of Windsor, Weston of Burlington and Zenie of Colchester

This bill proposes to prohibit manufacturers and distributors from advertising consumer products on public school property or providing public schools with promotional gifts that bear the mark or brand name of the manufacturer’s product.

 

H.815 THE PERFORMANCE ACCOUNTABILITY OF WORKFORCE DEVELOPMENT AND THE STATE'S INVESTMENT IN HIGHER EDUCATION AND TECHNICAL TRAINING

Sponsors: Kupersmith of S. Burlington, Botzow of Pownal and Kitzmiller of Montpelier

This bill proposes to develop a system to measure the success that Vermont’s financial investment in higher education and secondary and postsecondary technical training has on affecting workforce development in the state.

 

S.208 APPROVAL OF AMENDMENT TO THE CHARTER OF THE CITY OF SOUTH BURLINGTON REGARDING VOTER APPROVAL OF CITY AND SCHOOL DISTRICT BUDGETS

Sponsor: Senate Government Operations

This bill proposes to approve an amendment to the charter of the city of South Burlington which requires the annual city and school district budgets to be submitted to the voters.  If a budget is not approved by the voters after two votes, it will be limited to an increase over the preceding year’s budget that is based on the CPI for the preceding calendar year.

 

S.210 THE APPOINTMENT OF A TOWN SCHOOL DISTRICT TREASURER PENDING ELECTION AT A SPECIAL OR ANNUAL MEETING

Senator Sears of Bennington District and Senator Hartwell of Bennington District

This bill proposes to authorize a town school board to appoint an interim town school district treasurer to fill a vacancy in that office in the same manner in which it appoints interim school board members.  This authority applies only to the appointment of a town school district treasurer in towns that elect a separate town treasurer.

 

S.211 SOLICITING OF ARCHITECT PROPOSALS BY A SCHOOL DISTRICT

Sponsor:  Collins, Don

This bill proposes to require that a school district wishing to hire an architect solicit at least three proposals.

 

S.229 ACCESS TO PUBLIC RECORDS

Sponsor: White, Jeanette

This bill proposes to amend requirements regarding access to public records.  The bill would amend the authority of an agency to charge for the cost of staff time in response to public records requests and would limit the rate charged by an agency for staff time to a maximum of $20.00 per hour.  The bill would also establish a public records advisory office within the office of the secretary of state.  The public records advisory office would provide advisory opinions to the public and public agencies regarding public records requests.  The bill would also establish a public records act review committee, which would be charged with reviewing the requirements of the public records act, reviewing the numerous exemptions to that act, and recommending changes to the public records act and its exemptions.  In addition, the bill would require all certificates of birth, marriage, civil union, divorce, death, and fetal death to be issued on unique paper with antifraud features.

 

S.249 THE PERFORMANCE ACCOUNTABILITY OF WORKFORCE DEVELOPMENT AND THE STATE'S INVESTMENT IN HIGHER EDUCATION AND TECHNICAL TRAINING

Sponsors: Kitchel of Caledonia District and Senator Bartlett of Lamoille District

This bill proposes to develop a system to measure the success that Vermont’s financial investment in higher education and secondary and postsecondary technical training has on affecting workforce development in the state.

 

S.263 APPROVING SCHOOL BUDGETS BASED ON THE COST PER EQUALIZED PUPIL

Sponsor: Coppenrath, George

This bill proposes to change the method by which the electorate votes on school budgets from one based on the district’s total education budget to one based on the cost per equalized pupil.  The bill would require that the ballot provide seven spending options from which to choose and a method for determining the spending option of which a majority of the voters approve.

 

S.264  CONTAINING EDUCATION COSTS AND AUTHORIZING PARENTAL CHOICE FOR STUDENTS RESIDING IN HIGH SPENDING DISTRICTS

Sponsor: Coppenrath, George
This bill proposes to use a portion of a district’s budget that has been identified as excess spending under 32 V.S.A. § 5401(12) to fund “parental choice scholarships” that pay all or a part of the tuition assessed by an approved or recognized independent school or to pay costs in connection with a home study program.

 

S.273 THE REPEAL OF THE REQUIREMENT THAT BUDGETS IN EXCESS OF THE MAXIMUM INFLATION AMOUNT BE PRESENTED TO THE VOTERS AS A DIVIDED QUESTION

Sponsor: Racine, Douglas

This bill proposes to repeal the provisions of Secs. 5 and 6 of No. 82 of the Acts of 2007.

 

S.288 PROVIDING FREE MILK AND LOCAL BEEF TO ALL CHILDREN IN PUBLIC SCHOOLS

Sponsor: Kittell of Franklin District

This bill proposes to provide grants to school districts for one free eight-ounce serving of milk per day to any public school student and incentives to purchase local beef products.

 

S.293  THE CREATION OF A STUDY COMMISSION TO EXAMINE STATE AND LOCAL DECISION-MAKING

Sponsor:  White, Jeanette

This bill proposes to create a study commission to consider the nature of decision-making in the state, including the nature of the decisions currently made at the state level, the nature of those made at the local level, and whether some decentralization of decision-making authority is appropriate and advisable.

 

S.305   ENHANCEMENT OF PREKINDERGARTEN EDUCATION QUALITY THROUGH TEACHER TRAINING

Sponsor: Condos of Chittenden District

This bill proposes to enhance the quality of prekindergarten education programs by requiring and providing more training for teachers in public and private programs that enroll children included within a school district’s average daily membership.

 

S.306  HIGH PERFORMANCE SCHOOL DESIGN AND CONSTRUCTION STANDARDS

Sponsor:  Illuzzi, Vincent

This bill proposes to require the development of high performance school design and construction standards.  It requires that with regard to applications for school construction aid submitted on or after July 1, 2009, full state aid shall be available only if the project’s preliminary aid application states the intent to comply with the standards and if compliance with the standards is documented upon project completion.  The bill proposes that the department of education may determine that compliance with the standards is impractical for a specific project and may elect to provide partial or full state aid absent compliance.

 

S.315   CHILDHOOD EATING DISORDERS AND NUTRITIONAL QUALITY OF FOOD AND BEVERAGES SOLD ON SCHOOL GROUNDS

Sponsor: Lyons, Virginia “Ginny”

This bill proposes to establish nutritional standards for food and beverages sold on school grounds and to prohibit the sale of food and beverages which do not meet those standards.  In addition, this bill proposes to establish public health programs and initiatives related to childhood obesity, eating disorders, and chronic disease prevention.

 

S.327 EDUCATION FINANCE AMENDMENTS

Sponsor: Hartwell, Robert

This bill proposes to repeal the annual adjustment of education property tax rates; expand the housesite acreage under the property tax adjustment program from two acres to ten acres; change the method for annual determination of the per-pupil base spending amount; begin the process of transferring the cost of federal mandates relating to special education and the No Child Left Behind act from local budgets to the state; and replace the divided vote provisions enacted in 2007 with caps on education spending, which would require a supermajority to override.

 

S.347 CRIMINAL HISTORY RECORDS

Sponsor: Campell, John

This bill proposes to:

 (1)   implement the recommendations of the access to criminal history record information study committee;

(2)   provide criminal record update services (subscription services) to criminal justice agencies and vulnerable population employers;

(3)   ratify the national crime prevention and privacy compact; and

(4)   establish procedures for fingerprint-supported criminal record check searches.

 

S.348   EDUCATION OR WORKFORCE TRAINING FOR CHILDREN BETWEEN THE AGES OF 16 AND 18 YEARS

Sponsor: Senate Education Committee

This bill proposes to require that children between the ages of 16 and 18 years who are not otherwise enrolled in a secondary school, a postsecondary school, or a postsecondary technical education program shall attend an approved workforce training program.