School Law Compendium For The State of Vermont

LITTLE, L.
COMPENDIUM NOTEBOOK
Compendium Notebook Lois Little EDU 702: School Law University of New England August 15, 2012
LITTLE, L. COMPENDIUM NOTEBOOK
MODULE ONE: Legal Framework of Education

-State Statutes that cover education: All statutes dealing with education in the State of Vermont are located in Title 16 of the Vermont Statutes Annotated (VSA). They are divided into 133 chapters, each one dealing with a specific topic related to education in the state.
http://www.leg.state.vt.us/statutes/chapters.cfm?Title=16
-State Board of Education: The State Board of Education is defined and described in chapter 3 of Title 16 of the Vermont Statutes. Here also can be found the selection procedure, as well as the parameters and requirements of those who can serve. The selection of the chairperson is also described.
http://www.leg.state.vt.us/statutes/sections.cfm?Title=16&Chapter=003
The Commissioner of Education is defined in chapter 5 of Title 16 of the Vermont Statutes. The selection of the Commissioner is described as well as the length of term, and general duties are described as well.
-State Court System: The Judiciary in the State of Vermont is divided into seven separate bureaus/divisions. This page provides a diagram overview with several hot links available for each division.
http://www.vermontjudiciary.org/GTC/default.aspx
-U.S. Circuit Court of Appeals: Vermont is under the jurisdiction of Second Federal Circuit Court of Appeals.
http://www.ca2.uscourts.gov/
-Cases from 2nd circuit that contested Federal, state or local control of education: This case centered on the question of whether an elementary students first amendment right to free speech was denied when he was suspended for 5 days because he drew a picture of an astronaut and wrote that he wished a rocket would blow up the school and all the adults in it. The court affirmed the decision of the lower court that there was not a denial of first amendment protections. Several references were made to the Tinker v Des Moines case.
http://www.ca2.uscourts.gov/decisions/isysquery/e0f5d00c-67c7-4d7f-9592-f72d46a99d5a/4/doc/102282_complete_opn.pdf#xml=http://www.ca2.uscourts.gov/decisions/isysquery/e0f5d00c-67c7-4d7f-9592-f72d46a99d5a/4/hilite/
This case centered on a decision made by a lower court prohibiting the use of school facilities for the conduct of a worship service after hours. The Second Circuit reversed the lower courts decision.
http://www.ca2.uscourts.gov/decisions/isysquery/4f596b00-fae2-45a5-bf29-0b085cf6fd9d/25/doc/075291_complete_opn.pdf#xml=http://www.ca2.uscourts.gov/decisions/isysquery/4f596b00-fae2-45a5-bf29-0b085cf6fd9d/25/hilite/
This case centered on the first and fourteenth amendments regarding the denial of publication of a sexually explicit cartoon in a school newspaper. The Second Circuit affirmed the decision of the lower court.
http://www.ca2.uscourts.gov/decisions/isysquery/4f596b00-fae2-45a5-bf29-0b085cf6fd9d/27/doc/09-1651cv_opn.pdf#xml=http://www.ca2.uscourts.gov/decisions/isysquery/4f596b00-fae2-45a5-bf29-0b085cf6fd9d/27/hilite/
MODULE TWO: Church State Relations

-State law that relates to a moment of prayer or meditation on the books or any other statute that addresses this issue of church/state: The Vermont Statutes, Title 16, chapter 24 make clear that public schools are expected to work with religious groups for periodic release time, although the activities conducted during the release time cannot be conducted on school grounds.
http://www.leg.state.vt.us/statutes/fullchapter.cfm?Title=16&Chapter=024
-Identify if Vermont has a Blaine Amendment: Vermont does NOT have a Blaine Amendment. This is supported both by websites outside of Vermont as well as the Vermont Statutes, Title 16, chapter 121, which describes taxation and funding for schools. Sectarian schools are not mentioned at all within this chapter, thus, no prohibition exists.
http://www.blaineamendments.org/states/states.html http://www.leg.state.vt.us/statutes/fullchapter.cfm?Title=16&Chapter=121 -Cases
from the 2nd district that contested church/state issues: This case centered on the use of a public high school located in the Bronx, NY, by a religious organization for the purposes of weekly Sunday worship. It was allowed by the local authorities who then sought to change their policy regarding such matters after the fact, in a revised policy.
http://www.ca2.uscourts.gov/decisions/isysquery/ced35e62-f396-4c34-8e24-1cc2bbd0ead8/2/doc/06-0725cv_opn.pdf#xml=http://www.ca2.uscourts.gov/decisions/isysquery/ced35e62-f396-4c34-8e24-1cc2bbd0ead8/2/hilite/
This case, although not related to educational issues, dealt with the use of a Christian-based prayer at the opening of town meetings. It was affirmed by the court as a violation of the Establishment Clause.
http://www.ca2.uscourts.gov/decisions/isysquery/355d3ef9-fd3a-47de-af8f-c7b79be037d9/1/doc/103635_opn.pdf#xml=http://www.ca2.uscourts.gov/decisions/isysquery/355d3ef9-fd3a-47de-af8f-c7b79be037d9/1/hilite/
LITTLE, L. COMPENDIUM NOTEBOOK This case, from the Vermont State Supreme Court concluded that the fact that Vermont having no restrictions on public funding for sectarian schools is problematic in the state, because individual districts have been allowed to make that decision for themselves. The court concluded that in this case, the district funding of tuition to a sectarian school is in violation of the State Constitution and the court strongly urges the state legislature to make the policy regarding public funding of sectarian schools much more precise. I found it very interesting and worthy of note as I believe we have not heard the end of this argument yet.
http://libraries.vermont.gov/sites/libraries/files/supct/169/97-275op.txt
MODULE THREE: Tort Liability

-Vermont law with respect to the use or non-use of corporal punishment, seclusion, and restraint by school personnel: Corporal punishment is defined and prohibited in the Vermont Statutes, Title 16, chapter 25, section 1161a. However reasonable and necessary force is allowed (and not to be confused with corporal punishment) to end a disturbance, to disarm a student, to protect ones self, or to protect the offending student or other students from harm. According to this statute, all discipline procedures are to be included in a handbook, and all school staff members are to have periodic training relating to disciplinary issues and how to handle them, since corporal punishment is prohibited.
http://www.leg.state.vt.us/statutes/fullsection.cfm?Title=16&Chapter=025&Section=01161a
As of August 2011, Rule 4500: Use of Restraint and Seclusion in Schools, mandated by the Vermont State Board of Education went into effect. All schools are to have training and incorporate the policies of Rule 4500 into their discipline protocols.
http://education.vermont.gov/new/html/board/rules/4500.html
-Does Vermont have comparative or contributory negligence as a defense? Vermont follows a modified comparative negligence policy based upon the 51% rule.
http://www.leg.state.vt.us/statutes/fullsection.cfm?Title=12&Chapter=027&Section=01036 http://www.the-injury-lawyer-directory.com/vermont.html#negligence
-Immunity safeguards for school personnel: The Vermont Statutes Title 16, chapter 53, section 1756 does provide for immunity safeguards for school personnel if said personnel were in the act of discharging his or her duties as described by the local Board of Education.
http://www.leg.state.vt.us/statutes/fullsection.cfm?Title=16&Chapter=053&Section=01756
-Child abuse and neglect statutes: All school personnel are designated as mandatory reporters in Vermont, as established in the Vermont Statutes, Title 33 (Human Services), chapter 49 (Child Welfare Services). Protocols for reporting suspected child abuse and neglect as well as remedial action are established here in section 4913.
The information that is needed to be in a report to Child Welfare Services is found in the Vermont Statutes, Title 33, chapter 49, section 4914.
MODULE FOUR: Student Classification

-Statutes or parts of the Vermont Constitution that look at equity of opportunity in education, including school financing: Chapter 16, Title 133 of the Vermont Statutes describes the states intent to provide substantially equal educational opportunity to all students in all towns of Vermont.
Act 60, otherwise known as the Equal Educational Opportunity Act, passed in 1997, was an attempt on the part of the State of Vermont to equalize educational funding for all public schools in Vermont by establishing a state wide school tax.
http://education.vermont.gov/new/html/laws/act60.html
Act 60 met with tremendous opposition and was beset with problems, and was replaced in 2003 with Act 68, the Education Funding Act. It amends Act 60 and adds some new provisions.
http://education.vermont.gov/new/html/laws/act68.html
-State or Circuit Court cases involving desegregation and/or other classification issues: This case, an offshoot of a larger case, found that the Yonkers Board of Education was segregating schools within its jurisdiction and had been previously ordered to remedy the situation. In this case, the costs of the desegregation were in dispute between Yonkers and the City of New York.
http://www.ca2.uscourts.gov/decisions/isysquery/8d6ab459-4f36-4a58-8aae-0aab893951a1/5/doc/986190_opn.pdf#xml=http://www.ca2.uscourts.gov/decisions/isysquery/8d6ab459-4f36-4a58-8aae-0aab893951a1/5/hilite/
LITTLE, L. COMPENDIUM NOTEBOOK -Vermont Statutes providing guidelines for working with ESL, illegal immigrants, gifted, or disabled children, or any other designated group:
Act 117 of 2000, otherwise known as An Act to Strengthen the Capacity of Vermonts Education System to Meet the Education Needs of All Vermont Students, was enacted to extend educational opportunity for all students while trying to keep special education costs under control. It provided for training for teachers, technical assistance and special education audits.
http://www.leg.state.vt.us/docs/2000/acts/ACT117.HTM
Vermont Statutes, Title 16, Chapter 101, section 2941 states that the states policy is to provide equal educational opportunity for ALL students in the state.
Under NCLB (2001), funding is available for schools for ESL programs. This is a link to a resource page with many links to grant applications, guidelines, and so on.
http://education.vermont.gov/new/html/pgm_esl/grant_application_resources.html#current
Vermont has an Education of Homeless Children and Youth Program that is committed to providing equal access to a FAPE for these children.
http://education.vermont.gov/new/html/pgm_homeless.html
-Does Vermont protect for sexual orientation? Yes. Vermont is very clear that it does not discriminate against those in this and other protected groups. The State Board of Education requires all schools to announce this policy and has provided a sample of how to do so via this link.
http://education.vermont.gov/documents/EDU-Nondiscrimination_Statement_Requirements.pdf
-HOUSSE standards for special education teachers: Vermont does NOT require special educators to meet HOUSSE standards
http://education.vermont.gov/new/pdfdoc/pgm_prostandards/vsbpe/rules/5440_endorsements/sped_special_educator_0608.pdf
Vermont DOES require regular educators to meet HQT and HOUSSE standards, as described in the document from the Vermont Department of Education.
http://education.vermont.gov/new/pdfdoc/licensing/hqt/educ_licensing_hqt_content_knowledge_housse.pdf
-Anti-Bullying laws in Vermont: Bullying is defined in the Vermont Statutes Title 16, chapter 1, section 11, clauses 32 A C
LITTLE, L. COMPENDIUM NOTEBOOK All schools in Vermont must have a comprehensive discipline policy available, which includes information about bullying Vermont Statutes title 16, chapter 25, section 1161a
http://www.leg.state.vt.us/statutes/fullsection.cfm?Title=16&Chapter=025&Section=01161a
The Vermont Department of Education has issued a Model Bullying Prevention Plan
http://education.vermont.gov/new/pdfdoc/pgm_safeschools/pubs/bullying_prevention_04.pdf
-Other items of interest: In 2000, Vermont passed Act 113 (Safe Schools Bill) to ensure a safe and healthy learning environment for all Vermont students. Its primary focus is on dealing with behaviors related to bullying, hazing, harassment and discrimination that may relate to race, gender, class, age, intelligence, marital status, sexual orientation, disability or religion.
http://education.vermont.gov/new/html/pgm_safeschools.html
Act 120 (2000) dovetails with Act 113 and focuses on school hazing and harassment policies and created a school quality standard and evaluation process to assess how positive a schools learning environment is for students.
http://education.vermont.gov/new/html/pgm_safeschools.html
MODULE FIVE: Students Rights

-Students rights involving school attendance, home-schooling, user fees, confidentiality of HIV, health concerns with attendance, student records, school curriculum requirements: Vermont students and school districts can request alternative school placement/programs for disruptive students of those who are failing to thrive in the traditional school setting for various reasons.
Vermont has a compulsory attendance statute requiring all youth between the ages of 6 and 16 to be enrolled in school.
The following link is to the Vermont DOE Handbook for Home Study. It includes guidelines, accountability measures and rights of the parent and students.
http://education.vermont.gov/documents/EDU-Homestudy_Guidelines.pdf
Students who are married, pregnant or parenting cannot be denied access to an education
Parents can request a child be excused from school due to mental or physical unfitness, but the school has the right to investigate such claims
LITTLE, L. COMPENDIUM NOTEBOOK Vermont requires certain vaccinations for students at a variety of times. This link is to the Vermont Department of Health and includes the regulations and links to vaccination schedules.
http://healthvermont.gov/regs/documents/imm_regulations.pdf
Students with HIV/AIDS have a right to attend public school and may not be excluded based on the fact that they have the disease. This is a link to the VTDOE model policy for the same, including confidentiality issues, recommended to all school districts in the state.
http://education.vermont.gov/new/pdfdoc/resources/model_hiv_0906.pdf
Student health records, such as those pertaining to diseases like HIV/AIDS are held to a high standard of confidentiality. This is a link to the Vermont Civil Liberties Union where such issues are discussed.
http://www.acluvt.org/pubs/students_rights/records.php
Parents of students under the age of 18 may request to see their childs school records, and students over the age of 18 may do so on their own, in accordance with the Federal FERPA law.
http://www.acluvt.org/pubs/students_rights/records.php
The Vermont Department of Education also reiterates the need for compliance with the Federal FERPA act in this document about school records.
http://education.vermont.gov/new/pdfdoc/laws/EDU-School_Records_and_Records_Retention.pdf
This site is sponsored by the Federal government and deals exclusively with Students rights in regards to FERPA.
http://www2.ed.gov/policy/gen/guid/fpco/ferpa/students.html
Students have a legal right to refuse to participate in or be forced to view animal dissection.
Students may be exempt from participation in certain lessons for religious reasons.
Students and/or their parents have the right to opt out of directory information releases to military recruiters.
http://www.acluvt.org/issues/military_recruitment_faq.php
Students (parents) can opt out of standardized testing, although apparently the DOE does not support this action. This is a link to a blog where a Vermont parent asked this question, and the blog administrator posted a response based upon his phone conversation with the VTDOE.
http://unitedoptout.com/state-by-state-opt-out/vermont/
Vermont has no requirement for an exit exam as a requirement for graduation, as described in the Vermont Schools Quality Standards, section 2120.8.7.
http://education.vermont.gov/new/pdfdoc/board/rules/2000.pdf
-State statutes relating to students rights involving free speech (including a schools ability to censor) confidentiality of records, dress code: There are no state statutes regarding dress codes in public high schools. The matter is left to the discretion of the local governing body (school board) to be addressed as a matter of policy, but must follow State BOE protocols regarding the implementation of any new policy.
http://www.acluvt.org/pubs/students_rights/dress.php
Currently no state statute exists regulating students free speech, other than as ordered and directed by actions of the United States Supreme Court in cases such as Tinker v Des Moines. However, a bill is currently in the Vermont Senate (committee review) that would grant free expression in many forms to public school students in the state, and make clear when a school does and does not have the right to censor.
http://www.leg.state.vt.us/docs/2012/bills/Intro/S-120.pdf http://www.splc.org/news/newsflash.asp?id=2325
All school and student records in the State of Vermont must comply with the FERPA, and are also exempt from public view and copying, according to VSA Title 1 section 317 (11). The confidentiality of such records is a primary concern in the collection, maintenance, use and destruction of such records see page 4 of this first linked document
http://education.vermont.gov/new/pdfdoc/pgm_IT/collections/EDU-Fall_Census_Reporting_Instructions_2012.pdf http://education.vermont.gov/new/pdfdoc/laws/EDU-School_Records_and_Records_Retention.pdf http://www.leg.state.vt.us/statutes/fullsection.cfm?Title=01&Chapter=005&Section=00317
-Vermont statute(s) relating to suspension, expulsion, and any other disciplinary measures Statutes regarding discipline issues for public schools in Vermont are covered in VSA Title 16, chapter 25, section 1161a. Essentially it states that each school will have a comprehensive discipline plan according to State guidelines.
Statutes regarding suspension and expulsion from public schools in Vermont are covered in VSA Title 16, chapter 25, sections 1162 and 1163. A student may be suspended for up to 10 days and expelled for up to 90 days or the remainder of a school year, whichever is longer for misconduct as defined in school board policy. If a suspended or expelled student transfers to another school, the new school may choose to continue the suspension or action.
Truancy is defined and a truancy officer is described, as well as what procedures a school must follow in regards to identifying and reporting truancy are all found in VSA Title 16, chapter 25, sections 1121, 1122, 1125, 1126, and 1127.
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Vermont schools generally follow the guidelines established by several landmark cases (such as New Jersey v. T.L.O.) regarding issues of search and seizure within the school setting. This link is to a guide regarding search and seizure of students in Vermont, published by the Vermont ACLU.
http://www.acluvt.org/pubs/students_rights/search.php
-State Court Cases or those settled within the 2nd Circuit involving student rights In the 2011 case of Cox v Warwick Valley Central School District, a student with a history of disciplinary issues brought suit claiming he was retaliated against for an essay he wrote for a class, and that his 14th amendment right to due process was denied. The district court found for the school, and the decision was affirmed by the 2nd Circuit Court.
http://www.ca2.uscourts.gov/decisions/isysquery/baab58ca-2d1a-46f2-b27d-ce244f4346e4/9/doc/103633_opn.pdf#xml=http://www.ca2.uscourts.gov/decisions/isysquery/baab58ca-2d1a-46f2-b27d-ce244f4346e4/9/hilite/
In the 2012 case of Cuff v Valley Central School District, a suit was brought claiming an elementary students rights to freedom of expression had been violated when he was suspended for writing an essay in which he discussed violence against the school and the teachers. The case was dismissed by the District Court. The 2nd Circuit affirmed the decision of the District Court.
http://www.ca2.uscourts.gov/decisions/isysquery/baab58ca-2d1a-46f2-b27d-ce244f4346e4/6/doc/102282_complete_opn.pdf#xml=http://www.ca2.uscourts.gov/decisions/isysquery/baab58ca-2d1a-46f2-b27d-ce244f4346e4/6/hilite/
-Other items found A case out of Vermont regarding a students right to free expression recently received attention from the United States Supreme Court. The case of Guiles v Marineau involved a student wearing a T shirt to school which was critical of President Bush. The school made the student cover the offending portions of the T shirt with duct tape. The student brought suit, which made its way to the 2nd Circuit Court of Appeals, which agreed that the students rights had been abridged. The school then asked the US Supreme Court to review the case, but instead, the Court handed down a decision in the case of Morse v. Frederick. The Supreme Court declared that a schools ability to censor does not apply to political speech, and by extension, the decision in the Guiles case by the 2nd Circuit was affirmed by the US Supreme Court. This link provides several links to the many parts of this case. http://www.acluvt.org/issues/guiles_v_marineau_teaching_unit.php
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MODULE SIX: Teachers Substantive Rights

-Tenure -how is it defined in Vermont and do non-tenured teachers in Vermont have any due process rights: Tenure in Vermont is referred to as non-probationary status and one achieves this status after two years, as defined in VSA Title 16, chapter 53, section 1752(2).
Probationary teachers may be dismissed for any reason that is legal, BUT if he/she has NOT had at least two written evaluations in each year of probationary teacher status, dismissal/nonrenewal must be for just and sufficient cause. (VSA Title 16, chapter 53, section 1752.
-Is sexual orientation protected in Vermont? Yes. The Vermont Department of Education, responsible for the issuance of teachers licenses, does not discriminate on the basis of sexual orientation or for other reasons. The policy is stated firmly on the Departments home page.
http://education.vermont.gov/new/html/mainlaws.html#nondiscrim
-Does Vermont have a state law on whistle-blowing? The whistleblowing laws in Vermont only cover health care employees
http://www.ncsl.org/issues-research/labor/state-whistleblower-laws.aspx
In this case, the 2nd circuit decided in favor of a police officer who had been fired for refusing to change a truthful statement about excessive use of police force, in spite of the whistleblowing while on the job contention of the defendants (see first link below). On February 27, 2012, the US Supreme Court refused to take up this case on appeal, thus letting stand the decision of the 2nd circuit. This may have implications for whistle-blowers in Vermont down the road see 2nd link below)
http://www.ca2.uscourts.gov/decisions/isysquery/daef082f-8da9-49fe-8edf-fac9996992a6/6/doc/10859_complete_opn.pdf#xml=http://www.ca2.uscourts.gov/decisions/isysquery/daef082f-8da9-49fe-8edf-fac9996992a6/6/hilite/ http://www.whistleblowersblog.org/2012/02/articles/whistleblowers-government-empl/supreme-court-ducks-conflict-on-garcetti/
-Are there State textbook selection guidelines in Vermont? No there are no state guidelines. The Vermont Statutes leaves the duty to select and provide textbooks up to the local school boards, subject to the approval of the superintendent of the school district.
LITTLE, L. COMPENDIUM NOTEBOOK -Cases from Vermont or the 2nd Circuit Court involving teacher rights
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In the case of Weintraub v the Board of Education of the City School District of the City of New York, the 2nd Circuit affirmed the dismissal from a lower court of a claim of retaliation against Weintraub (a teacher) for filing a grievance against the administration failing to discipline a student. It involved First Amendment questions and Garcetti v Ceballos was used extensively in the decision.
http://www.ca2.uscourts.gov/decisions/isysquery/4cfaecc1-b5d4-4a11-b693-b72d77ca490e/9/doc/07-2376cv.pdf#xml=http://www.ca2.uscourts.gov/decisions/isysquery/4cfaecc1-b5d4-4a11-b693-b72d77ca490e/9/hilite/
-Other items of interest found This is a quick report/synopsis, with references, from the Vermont Labor Relations Board regarding renewal, suspension and dismissal of teachers in Vermont.
http://vlrb.vermont.gov/sites/vlrb/files/Tims_Book/Grievances/renewal.pdf
MODULE SEVEN: Terms and Conditions of Employment

-Vermont Licensure requirements for teachers and administrators: The licensing of educators in Vermont is discussed in the VSA Title 16, chapter 51.
The issuance of a license to teach in the state of Vermont is handled by the Standards Board for Professional Educators, a sub-section of the Vermont Department of Education. This is found in VSA Title 16 chapter 51, sections 1691-1696
Vermont offers teaching licensure through a traditional method (completing a Bachelors or Masters degree and an approved teacher preparation program) and in many cases through reciprocity from other states, providing the applicant is currently licensed in that state, and has 3 years of successful work in a school in his/her area of endorsement within the past seven years.
http://education.vermont.gov/new/html/licensing/forms/initial_license.html#traditional http://education.vermont.gov/new/html/licensing/forms/reciprocity.html
Vermont also offers teaching licensure through a non-traditional method of peer review, by which a person who has obtained at least a Bachelors degree may apply for teaching credentials after completing an extensive portfolio of life work indicating competency in the 16 Principles for Vermont Educators.
http://education.vermont.gov/new/html/licensing/alternate.html
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The issuance of an Administrators license in Vermont is initially done through the Vermont Department of Education, which issues separate endorsements for principal, superintendent and supervisor. In all cases, a Masters Degree is required as well as a specific number of years teaching, competency in various fields of administration and the General competencies for School District Administrators.
http://education.vermont.gov/new/pdfdoc/pgm_prostandards/vsbpe/rules/5440_endorsements/admin_principal_0608.pdf http://education.vermont.gov/new/pdfdoc/pgm_prostandards/vsbpe/rules/5440_endorsements/admin_superintendent_0608.pdf http://education.vermont.gov/new/pdfdoc/pgm_prostandards/vsbpe/rules/5440_endorsements/admin_supervisor_0608.pdf http://education.vermont.gov/new/pdfdoc/pgm_prostandards/vsbpe/rules/5440_endorsements/admin_general_competencies_06 08.pdf
-What are the grounds for dismissing a teacher in Vermont? What are the due process procedures? Licensing action may occur for various actions even if they occur outside of the state of Vermont (such as unprofessional conduct and incompetence).
The due process procedures that must be afforded to a teacher in licensing actions include hearings, a time line for such hearings, rights to appeal, etc. All are defined in VSA Title 16 chapter 51, sections 1700 1709.
The grounds for and due process procedures for suspension and dismissal of teacher in Vermont are clearly set forth in the VSA, Title 16, chapter 53, section 1752. Reasons such as incompetence, failure to carry out directives and duties, conduct unbecoming a teacher among others are identified.
-What are the personnel evaluation requirements and procedures? The VSA, title 16, chapter 3, section 165 calls for the State Board of Education to establish School Quality Standards for the state of Vermont. Within the quality standards, section 2120.5, an evaluation requirement is established the need for staff evaluation to be designed with a goal toward improved student achievement. No actual procedure is established, leaving this to the authority of the local school board to establish in local policy.
http://www.leg.state.vt.us/statutes/fullsection.cfm?Title=16&Chapter=003&Section=00165 http://education.vermont.gov/new/html/board/rules/2000.html#staff_eval
LITTLE, L. COMPENDIUM NOTEBOOK -Are there specific statutes that relate to protections against discrimination?
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Teachers in Vermont cannot be forced to join or not join a union, and may not be discriminated against whatever their decision in the matter might be.
Whatever organization is selected to represent teachers during negotiations must represent all teachers equally, and cannot discriminate against those who do not belong to that organization.
As identified earlier, the State Board of Education, pursuant to the Constitution of the State of Vermont has a non-discrimination policy and does not discriminate on the basis of race, gender, nationality, sexual orientation, etc.
http://education.vermont.gov/new/html/mainlaws.html#nondiscrim
-What is the child abuse and neglect law in Vermont with respect to the involvement of teachers and administrators? As identified earlier, all school personnel are designated as mandatory reporters in Vermont, as established in the Vermont Statutes, Title 33 (Human Services), chapter 49 (Child Welfare Services). Protocols for reporting suspected child abuse and neglect as well as remedial action are established here in section 4913.
-What collective bargaining rights have been established which relate to any delineation of the powers of teachers unions? Labor relations for teachers are covered in VSA title 16, chapter 57. It is here that the exclusive negotiating rights for and the recognition of a teachers or administrators organization is defined, as well as the procedure to be used to name such organization within a district.
Protocols for contract negotiation, including the necessity of the organization with exclusive negotiating rights to notify its desire to negotiate no less than 120 days before the annual school meeting are delineated. Here also is the procedure for negotiations that reach impasse (fact finding, mediation, etc.). Beyond that, no time frame is mandated.
LITTLE, L. COMPENDIUM NOTEBOOK -What can be negotiated are there areas that are off-limits?
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Section 2004 of VSA title 16, chapter 57 indicates that salary, benefits, agency fee, grievance procedure and any other mutually agreed upon topic that is not in violation of Vermont law can be negotiated.
The minimum length of the school year at 175 student days and a minimum of 5 teacher inservice days are established by law, and therefore not subject to negotiation.
All teachers in Vermont are required, as a condition of employment to participate in the Vermont State Teachers Retirement System, as set forth in VSA title 16, chapter 55; hence this is not subject to negotiation.
The VSA, title 16, chapter 5, sections 251-260 establish the right of the Commissioner of Education in Vermont to require criminal record checks and criminal registry information for those seeking licensure as a teacher in Vermont; hence this is not subject to negotiation.
-Other items that were found: The 2011 State Teacher Policy Yearbook for Vermont, published now for five consecutive years by the National Council on Teacher Quality (NCTQ) gave Vermont an overall grade of D- which is an improvement from the F rating received in earlier years. While some may argue the NCTQ reports are biased, one cannot help but notice that many of the areas identified in the report deal with teacher preparation and evaluation. Many of the items identified as lacking seem like they could be tightened up with legislation and more emphasis on teacher evaluation. It makes for very interesting reading.
http://www.nctq.org/stpy11/reports/stpy11_vermont_report.pdf

School Law Compendium For The State of Vermont

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School Law Compendium For The State of Vermont

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LITTLE, L.

LITTLE, L. COMPENDIUM NOTEBOOK

MODULE ONE: Legal Framework of Education

LITTLE, L. COMPENDIUM NOTEBOOK

MODULE TWO: Church State Relations

MODULE THREE: Tort Liability

LITTLE, L. COMPENDIUM NOTEBOOK

MODULE FOUR: Student Classification

MODULE FIVE: Students Rights

LITTLE, L. COMPENDIUM NOTEBOOK

LITTLE, L. COMPENDIUM NOTEBOOK

LITTLE, L. COMPENDIUM NOTEBOOK

MODULE SIX: Teachers Substantive Rights

MODULE SEVEN: Terms and Conditions of Employment

LITTLE, L. COMPENDIUM NOTEBOOK

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