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S.222

AN ACT RELATING TO FUNDING OF ADULT EDUCATION AND LITERACY SERVICES

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

Sec. 1.  16 V.S.A. § 11(17) is amended to read:

(17)  “Adult basic education and literacy” means a program of public education approved by the board under subdivision 164(13) of this title which is adapted to the needs of persons who are beyond compulsory school age, and who have not completed high school education.

Sec. 2.  16 V.S.A. § 164(13) is amended to read:

(13)  Constitute the state board for the program of adult basic education and literacy and perform all the duties and powers prescribed by law pertaining to adult basic education and literacy and to act as the state approval agency for educational institutions conducting programs of adult basic education and literacy.  Approval shall be based on standards adopted by the board which ensure that the services are substantially equal in quality to those provided directly to students by the public school.  In addition, the board shall by rule, adopt and regularly update a list, which includes:

(A)  the cost of each service that may be provided by an adult education and literacy service provider to a student enrolled in a public school;

(B)  an amount for a service that may be provided by an adult education and literacy provider to a young person between the ages of 16 and 22 who is not enrolled in a public school or an amount for a student outcome as a result of services provided by an adult education and literacy provider to a young person between the ages of 16 and 22 who is not enrolled in a public school;

(C)  the cost of each service that may be provided by a public school to a person between the ages of 16 and 22 receiving adult education and literacy services who is not enrolled in the public school; and

(D)  a full-time equivalency percentage for each service provided by the school district to an enrolled student who is receiving adult education and literacy services reimbursed under section 4017 of this title.

Sec. 3.  16 V.S.A. § 168(a) is amended to read:

(a)  The state board is designated as the sole state agency to establish and administer through the department of education any statewide plan which is now or hereafter may be required as a condition for receipt of funds as may be made available to the state of Vermont by the Congress of the United States, or administrative ruling pursuant thereto, for any educational purposes including technical education and adult basic education and literacy.  It shall also be the agency to accept and administer federal funds which federal legislation requires a state education agency having jurisdiction of elementary and secondary education to administer.

Sec. 4.  16 V.S.A. § 563(6) is amended to read:

(6)  Shall have discretion to furnish instruction to pupils who have completed a secondary education, to provide educational services to a nonenrolled student pursuant to a graduation plan developed under section 4017 of this title, and to administer early educational programs.

Sec. 5.  16 V.S.A. § 4001(1) is amended to read:

(1)  “Average daily membership” of a school district in any year means:

(A)  the full-time equivalent enrollment of pupils, as defined by the state board by rule, who are legal residents of the district attending a school owned and operated by the district and not counted under subdivision (C) of this subdivision (1), attending a public school outside the district under an interdistrict agreement, or for whom the district pays tuition to one or more approved independent schools or public schools outside the district during the annual census period.  The census period consists of the first 40 days of the school year in which school is actually in session; and

(B)  the full-time equivalent enrollment in the year between the end of the last census period and the end of the current census period, of any state‑placed students as defined in subdivision 11(a)(28) of this title.  A school district which provides for the education of its students by paying tuition to an approved independent school or public school outside the district shall not count a state-placed student for whom it is paying tuition for purposes of determining average daily membership.  A school district which is receiving the full amount, as defined by the state board by rule, of the student’s education costs under subsection 2950(a) of this title, shall not count the student for purposes of determining average daily membership.  A state-placed student who is counted in average daily membership shall be counted as a student for the purposes of determining weighted student count; and

(C)  the full-time equivalent enrollment, as defined by the state board pursuant to subdivision 164(20)(D) of this title, in the year between the end of the last census period and the end of the current census period of any student who is a legal resident of the district attending a school owned and operated by the district and who is using adult education and literacy services which are reimbursed under subsection 4017(b) of this title.

Sec. 6.  16 V.S.A. § 4011 is amended to read:

§ 4011.  EDUCATION PAYMENTS

(a)  Annually, the general assembly shall appropriate funds to pay for statewide education spending and a portion of a base education payment for each adult diploma student and student or client in the adult education and literacy program.

* * *

(f)  Annually, the commissioner shall pay to a department or agency which provides:

(1)  an adult diploma program, an amount equal to 26 percent of the base education payment for each student who completed the diagnostic portion of the program, based on an average of the previous two years; and

(2)  adult education and literacy services, an amount equal to 20 percent of the base education payment for each client who is 16 to 20 years of age, inclusive, and who has gained at least one skill level pursuant to state or federal standards.  The calculation of “client” shall be based on an average of the previous two years, according to information submitted to the commissioner on or before September 15 of the year of calculation.  For each client 16 to 20 years of age, information submitted shall include the name, address, and dates of attendance at all Vermont public secondary schools attended and whether the client has gained a skill level.

* * *

Sec. 7.  16 V.S.A. § 4017 is added to read:

§ 4017.  EDUCATIONAL SERVICES FOR STUDENTS AT RISK OF NOT EARNING A HIGH SCHOOL DIPLOMA

(a)  In this section:

(1)  “Educational services” provided by a public school may include counseling, health services, participation in co-curricular activities, and participation in academic or other courses.

(2)  “Graduation plan” means a written plan for a person who is less than 22 years of age, has not received a high school diploma, is not enrolled in a public school, and is enrolled in an adult education and literacy program.  The plan shall be jointly developed by the school district of residence, the individual, and an agency which has entered into contract with the board to provide adult education and literacy services in Vermont.  The plan shall define the scope and intensity of services necessary for the individual to attain a high school diploma.

(b)  Each town school district, city school district, union school district, unified union school district, incorporated school district, or member school district of an interstate school district shall receive reimbursement for payments made or services rendered under this section.  However, a school district shall receive no more than the base education payment amount for payments made on behalf of or services rendered to one individual in one school year.

(c)  A school district may contract with adult education and literacy providers to provide educational services to an enrolled student who is at risk of not succeeding in the school setting.  In this case, the school district shall pay the amount established by the state board under subdivision 164(20)(A) of this title. 

(d)  A school district may provide educational services to a person who is receiving services pursuant to a graduation plan.  In this case, the school district shall receive reimbursement for educational services provided by the district in the amount established by the state board under subdivision 164(20)(C) of this title.

(e)  A school district shall pay to an adult education and literacy provider approved by the commissioner an amount established by the state board under subdivision 164(20)(B) of this title for services to a resident person not enrolled in the school and receiving services pursuant to a graduation plan. 

Sec. 8.  APPROPRIATION

In fiscal year 2007, the amount of $1 million is appropriated from the education fund to the commissioner of education to pay for reimbursements to public school districts pursuant to Sec. 7 of this act.

 



Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont


www.leg.state.vt.us