Title 16: Education
Chapter 99: GENERAL POLICY
16 V.S.A. § 2902. Educational support system and educational support team
§ 2902. Educational support system and educational support team
(a) Within each school district's comprehensive system of educational services, each public school shall develop and maintain an educational support system for students who require additional assistance in order to succeed or to be challenged in the general education environment. For each school it maintains, a school district board shall assign responsibility for developing and maintaining the educational support system either to the superintendent pursuant to a contract entered into under section 267 of this title or to the principal. The educational support system shall, at a minimum, include an educational support team and a range of support and remedial services, including instructional and behavioral interventions and accommodations.
(b) The educational support system shall:
(1) Be integrated to the extent appropriate with the general education curriculum.
(2) Be designed to increase the ability of the general education system to meet the needs of all students.
(3) Be designed to provide students the support needed regardless of eligibility for categorical programs.
(4) Provide clear procedures and methods for addressing student behavior that is disruptive to the learning environment and include educational options, support services, and consultation or training for staff where appropriate. Procedures may include removal of a student from the classroom or the school building for as long as appropriate, consistent with state and federal law and the school's policy on student discipline, after reasonable effort has been made to support the student in the regular classroom environment.
(5) Ensure collaboration with families, community supports, and the system of health and human services.
(c) The educational support team for each public school in the district shall be composed of staff from a variety of teaching and support positions and shall:
(1) Determine which enrolled students require additional assistance to be successful in school or to complete secondary school based on indicators set forth in guidelines developed by the commissioner, such as academic progress, attendance, behavior, or poverty. The educational support team shall pay particular attention to students during times of academic or personal transition.
(2) Identify the classroom accommodations, remedial services, and other supports that have been provided to the identified student.
(3) Assist teachers to plan for and provide services and accommodations to students in need of classroom supports or enrichment activities.
(4) Develop an individualized strategy, in collaboration with the student's parents or legal guardian whenever possible, to assist the identified student to succeed in school and to complete his or her secondary education.
(5) Maintain a written record of its actions.
(6) Report no less than annually to the commissioner, in a form the commissioner prescribes, on the ways in which the educational support system has addressed the needs of students who require additional assistance in order to succeed in school or to complete secondary school and on the additional financial costs of complying with this subsection (c).
(d) No individual entitlement or private right of action is created by this section.
(e) The commissioner shall establish guidelines for teachers and administrators in following federal laws relating to provision of services for children with disabilities and the implementation of this section.
(f) It is the intent of the general assembly that a gifted and talented student shall be able to take advantage of services that an educational support team can provide. It is not the intent of the general assembly that funding under chapter 101 of this title shall be available for a gifted and talented student unless the student has been otherwise determined to be a student for whom funding under that chapter is available. (Added 1989, No. 230 (Adj. Sess.), § 4; amended 1995, No. 157 (Adj. Sess.), § 9; 1997, No. 87 (Adj. Sess.), § 1; 1999, No. 113 (Adj. Sess.), § 10; 1999, No. 117 (Adj. Sess.), § 2; 2009, No. 44, § 40, eff. May 21, 2009.)