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BILL AS PASSED BY SENATE 2007-2008

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S.371

AN ACT RELATING TO THE CREATION OF AN AGENCY OF EDUCATION AND THE ELIMINATION OF THE STATE BOARD OF EDUCATION

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

* * * Mission of the Agency of Education * * *

Sec. 1.  16 V.S.A. § 2 is added to read:

§ 2.  MISSION

(a)  It is the intent of the general assembly that the agency of education shall recognize that local communities are best able to understand and address the needs of their schools and the education of their young people.  Therefore, the agency of education shall promote and support community-based

decision-making at the school, school district, supervisory union, and regional levels whenever possible and shall promote the 17 elements of the Vermont Design for Education developed in 1967.    

(b)  The secretary’s primary duty shall be to advance this mission by acting as a champion for the state’s public education system, by demonstrating loyalty to the system itself and the people within it, and by fostering an environment of inclusive decision-making. 

(c)  Prior to taking any action required or permitted by law, the secretary and the agency shall consider whether the action promotes the mission and, if not, shall make all possible changes to the action so that it is supportive of the mission.

* * * Title 3; Agency of Education; Secretary of Education * * *

Sec. 2.  3 V.S.A. chapter 49 is added to read:

CHAPTER 49.  EDUCATION

§ 2701.  AGENCY AND SECRETARY CREATED

There is created an agency of education that shall be under the direction and supervision of a secretary of education. 

§ 2702.  SECRETARY; APPOINTMENT AND TERM

The governor shall appoint a secretary of education with the advice and consent of the senate.  The secretary shall report directly to the governor and shall be a member of the governor’s cabinet.

§ 2703.  DEPUTY SECRETARIES

The secretary, with the approval of the governor, may appoint one or more deputy secretaries to serve at the secretary’s pleasure and to perform such duties as the secretary prescribes.  Any deputy secretary appointed shall be exempt from the classified service.  The appointment shall be in writing and recorded in the office of the secretary of state.


* * * Transitional Provisions; State Board of Education; Secretary of Education * * *

Sec. 3.  STATE BOARD OF EDUCATION

The state board of education shall cease to exist as of the effective date of this act, and its members shall be relieved of their duties. 

Sec. 4.  AGENCY OF EDUCATION; SECRETARY OF EDUCATION; POWERS AND DUTIES

(a)  The agency of education shall assume all the powers, duties, rights, and responsibilities of the department of education and the state board of education on the effective date of this act.  

(b)  The secretary of education shall assume all the powers, duties, rights, and responsibilities of the commissioner of education and the chair of the state board of education on the effective date of this act.

(c)  The rules of the state board of education in effect on the effective date of this act shall be the rules of the agency of education until amended or repealed.  All references in those rules to the state board of education and to the department of education shall be deemed to refer to the agency of education, and all references to the commissioner of education and the chair of the state board of education shall be deemed to refer to the secretary of education.


* * * Legislative Council * * *

Sec. 5.  LEGISLATIVE COUNCIL; STATUTORY REVISION; PREPARATION OF A DRAFT BILL MAKING NECESSARY LEGISLATIVE CHANGES TO SUPPORT THIS ACT

(a)  Pursuant to its statutory revision authority in 2 V.S.A. § 424, the legislative council is directed, wherever applicable in the Vermont Statutes Annotated and wherever it is appropriate and necessary to implement the intent of this act, to substitute the terms:

(1)  “Agency of education” or “agency” for the term:

(A)  “Department of education” or “department,” when that term refers to the department of education.

(B)  “State board of education” or “state board,” when that term refers to the state board of education.

(2)  “Secretary of education” or “secretary” for the term:

(A)  “Commissioner of education” or “commissioner,” when that term refers to the commissioner of education.

(B)  “Chair” or “chairman” whenever that term refers to the chair of the state board of education.

(b)  On or before January 1, 2009, the legislative council shall prepare and submit a draft bill to the general assembly that makes all statutory amendments necessary to effectuate the intent of this act.

* * * Effective Date * * *

Sec. 6.  EFFECTIVE DATE

This act shall take effect on July 1, 2009.



Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont


www.leg.state.vt.us