Download this document in MS Word format

AutoFill Template


Introduced by Senator Ayer of Addison District and Senator Giard of Addison District

Referred to Committee on


Subject:  Education; average daily membership calculation; excess spending

Statement of purpose:  This bill proposes to change the student count for calculating average daily membership from two years, including the current year, to the prior two years; require that the average daily membership count be provided to school districts by September 1 instead of December 1; and remove special education expenditures from the calculation of excess spending.


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

Sec. 1.  16 V.S.A. § 4010(a) and (b) are amended to read:

(a)  On or before the first day of December September during each school year, the commissioner shall determine the average daily membership of each school district for the current school year.  The determination shall list separately:

(1)  resident pupils being provided elementary education; and

(2)  resident pupils being provided secondary education.

(b)  The commissioner shall determine the long-term membership for each school district for each student group described in subsection (a) of this section.  The commissioner shall use the actual average daily membership over two consecutive years, the latter of which is the current most recently completed school year.  If, however, in one year, the actual average daily membership of kindergarten through twelfth grade 12 increases by at least 20 students over the previous year, the commissioner shall compute the long-term membership by adding 80 percent of the actual increase, to a maximum increase of 45 equalized pupils.

Sec. 2.  32 V.S.A. § 5401(12) is amended to read:

(12)  “Excess spending” means:

(A)  the per-equalized pupil amount of:

(i)  the district’s education spending, plus any amount required to be added from a capital construction reserve fund under 24 V.S.A. § 2804(b); minus

(ii)  the portion of education spending which is approved school capital construction spending or deposited into a reserve fund under 24 V.S.A. § 2804 to pay future approved school capital construction costs, including that portion of tuition paid to an independent school designated as the public high school of the school district pursuant to 16 V.S.A. § 827 for capital construction costs by the independent school which has received approval from the state board of education, using the processes for preliminary approval of public school construction costs pursuant to 16 V.S.A. § 3448(a)(2); and minus

(iii)  the portion of education spending representing the district’s budgeted share of “allowable expenditures for special education” as defined by rule of the state board of education pursuant to subsection 16 V.S.A. § 2963(c);

(B)  in excess of 125 percent of the statewide average district education spending per equalized pupil in the prior fiscal year, as determined by the commissioner of education.


This act shall take effect for fiscal year 2008.

Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont