H.511

Introduced by   Representative Crawford of Burke

Referred to Committee on

Date:

Subject:  Education; public school choice

Statement of purpose:  This bill proposes to allow a parent to choose to send a child to any Vermont public school and to provide that the adjusted education payment shall be paid to the school the student is attending.

AN ACT RELATING TO PUBLIC SCHOOL CHOICE

It is hereby enacted by the General Assembly of the State of Vermont:

Sec. 1.  16 V.S.A. § 1096 is added to read:

§ 1096.  PARENTAL CHOICE

(a)  A Vermont resident who is a parent or guardian of a legal pupil, as defined in section 1073 of this title, may choose to send the pupil to any Vermont public school.

(b)  A Vermont public school shall accept pupils under this section on a nondiscriminatory basis and may not charge tuition to the pupil or the pupil’s parents.  Prior to accepting applications under this section, each public school board shall define its capacity to accept students and shall annually review and redefine its capacity limits.  The commissioner shall develop guidelines for consideration by the boards when they define capacity limits.  Guidelines may include limits based on the capacity of the program, class, grade, or school building or on measurable adverse financial impact.  If the school district then receives applications in excess of its defined capacity limits, it shall devise a nondiscriminatory lottery system for determining which students will be accepted.

(c)  A school may refuse to allow more than five percent of its students to transfer to another school pursuant to this section.  If more than five percent of students in a school exercising this option wish to transfer, the school shall devise a nondiscriminatory lottery system for determining which students may transfer.

(d)  For a student choosing under this subsection to attend a school other than the school of residence:

(1)  The commissioner shall pay to the receiving school an amount equal to the adjusted education payment for the year of attendance multiplied by the ratio of the statewide long-term average daily membership to the statewide long-term weighted average daily membership for a primary student and the general state support grant for the year of attendance multiplied by 125 percent of the ratio of the statewide long-term average daily membership to the statewide long-term weighted average daily membership for a secondary student.  The commissioner shall subtract an equal amount from the district of residence from payments due under section 4028 of this title.  However, if the student attends only for a portion of the school year, the commissioner shall prorate the amount paid and subtracted by semester.  In no case shall the school district receive an amount which exceeds the actual tuition charged.

(2)  If the student chooses to attend a technical center other than the technical center assigned for the district of residence, the adjusted education payment amount subtracted under subsection 1561(b) of this title shall be subtracted from the school district the student is attending, and the tuition due under section 1552 of this title shall be paid by the school district of residence.

(3)  The school district of residence shall be the local education agency responsible for establishing and carrying out the individualized education plan and for excess special education costs beyond those covered by tuition charges.  However, only actual special education costs or actual proportionate costs attributable to the student may be charged.  The state board shall apply rules adopted under subsection 826(d) of this title to these charges.

(e)  This section does not apply to parents and children residing in a school district not maintaining a school and, therefore, subject to the tuition payment provisions of chapter 21 of this title.

(f)  A school is not required to provide services to a student during a period of suspension or expulsion imposed in another school district.

(g)  An enrolled nonresident student shall be permitted to remain enrolled in the nonresident school without renewed applications in subsequent years unless one of the following occurs:

(1)  The student graduates.

(2)  The student is no longer a Vermont resident.

(3)  The student is expelled from school in accordance with adopted school policy.

(h)  The state board of education may adopt rules as necessary to implement this section, including rules which describe procedures for applying for entry into a district which, at a minimum, shall include rules as follows:

(1)  Acceptance of applications through March 1 of the school year preceding the school year for which the student is applying.

(2)  Notification to the student of acceptance or rejection of the application by April 1 of the school year preceding the school year for which the student is applying.

(3)  A requirement that the student notify the sending and receiving schools of a decision to enter the receiving school district by April 15 of the school year preceding the school year for which the student has applied.  Following notification, the student may enter a school other than the receiving school only if the student, receiving school, and the school to which the student wishes to transfer agree.  However, if the student becomes a resident of a different school district, the student may enroll in the school of the new district of residence at the time of the move.

(4)  If a student notifies the school of residence by July 15 of the intent to return to that school the following school year, a student enrolled in a public high school in a receiving district shall be permitted to return to the public high school in the district of residence without acquiring agreement of the receiving district and the sending district.

Sec. 2.  TRANSITIONAL PROVISIONS; REPEAL

(a)  For school year 2004-2005, Sec. 1 of this act shall not take effect, and the provisions of No. 150 of the Acts of 2000, relating to public school choice in grades 9-12, shall be in effect.

(b)  For school year 2005-2006, Sec. 1 of this act shall take effect, and No. 150 of the Acts of the 1999 Adj. Sess. (2000), relating to public school choice in grades 9-12, is repealed.  However, Sec. 1 of this act shall apply only to grades 9-12, and the commissioner shall calculate payments under 16 V.S.A. § 1096(d)(1) using 90 percent of an adjusted education payment.

(c)  For school year 2006-2007, Sec. 1 of this act shall take effect but shall apply only to grades 9-12.  Payments shall be calculated in accordance with the provisions of 16 V.S.A. § 1096(d)(1).

(d)  For school year 2007-2008, Sec. 1 of this act shall take full effect.