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BILL AS INTRODUCED 2007-2008

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S.101

Introduced by Senator Miller of Chittenden District, Senator Condos of Chittenden District, Senator Doyle of Washington District, Senator Giard of Addison District and Senator Lyons of Chittenden District

Referred to Committee on

Date:

Subject:  Education; school enrollment; foster care

Statement of purpose:  This bill proposes to provide the commissioner for children and families with the discretion to require that a state-placed child finish the school year in the district in which he or she was most recently enrolled, even if the student’s foster placement changes during the school year, if the commissioner determines that staying in the district would be in the best interest of the student.

AN ACT RELATING TO SCHOOL ENROLLMENT OF STATE‑PLACED CHILDREN

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


Sec. 1.  16 V.S.A. § 1075 is amended to read:

§ 1075.  LEGAL RESIDENCE DEFINED; RESPONSIBILITY AND PAYMENT OF EDUCATION OF PUPILS

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(b)  The commissioner for children and families shall determine the legal residence of all state-placed students.  In all other cases, the pupil’s legal residence shall be determined by the board of school directors of the district in which the pupil is seeking enrollment or, if the pupil is seeking payment of tuition, the board of directors from which the pupil is seeking tuition payment.  If a pupil is denied enrollment at any stage, the pupil and his or her parent or guardian shall be notified in writing, within 24 hours, of the provisions of this section.  If the pupil is not in attendance as a result of a preliminary decision by school officials and a decision from the board of school directors will not be available by the end of the second school day after the request for enrollment is made, the commissioner may issue a temporary order requiring enrollment.  Any interested person or taxpayer who is dissatisfied with the decision of the board as to the pupil’s legal residence may appeal to the commissioner of education, who shall determine the pupil’s legal residence, and the decision of the commissioner shall be final.  Pending appeal under this subsection, the commissioner shall issue a temporary order requiring enrollment.

(c)  A state-placed student, other than one placed in a 24-hour residential facility, shall be educated by the school district in which the pupil student is living, unless an alternative plan or facility for the education of the pupil student is agreed upon by the commissioner of education determined by the commissioner for children and families to be in the best interest of the student.  In the case of a dispute as to where a state-placed student is living, the commissioner for children and families shall conduct a hearing to determine which school district is responsible for educating the pupil.  The commissioner’s decision of the commissioner for children and families shall be final.  If the residential placement of a state-placed student changes during the academic year, the commissioner for children and families may require that the student remain in the school in which he or she was most recently enrolled until the end of the academic year.

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(i)  The commissioner of social and rehabilitation services for children and families shall continue to provide social services and financial support in accordance with 16 V.S.A. § section 2950 of this title on behalf of individuals under his or her care and custody while in a residential placement, until they reach their nineteenth birthday.

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Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont


www.leg.state.vt.us