Subagency 000 GENERAL

Chapter 001 STATE DEPARTMENT OF EDUCATION

22-001 Code Vt. R. 22-000-001-X STATE DEPARTMENT OF EDUCATION

Section 1100 THE STATE DEPARTMENT OF EDUCATION

1110 Establishment.

1111 Definition: VSA § 11(14).

1112 Departments: Created 3 VSA § 212.

1120 Powers and Duties.

The powers and duties of the Department of Education are derived from the powers and duties of the State Board of Education and the Commissioner of Education. Title 16 Vermont Statutes Annotated.

1130 Structure of the State Department of Education.

The organizational structure of the Vermont Department of Education shall be as recommended by the Commissioner and approved by the State Board of Education.

1140 Function of the Commissioner's Office ( 16 VSA § 211-212)

The commissioner serves as chief executive officer of the state board, executes the policies of the state board, and supervises the execution of laws relating to public schools.

In addition, the commissioner serves as liaison to the legislature and the administration, to higher education and other commissions; coordinates the work of four divisions and eight interdepartmental teams, directs and coordinates communication with and information to the public and the school districts; coordinates the department's legal research and evaluation activities and sponsors conferences for school administrators and teachers.

1150 Functions of the Divisions.

1151 Department Services.

The division performs the following functions: handles department accounting; reports school district accounts; administers and disburses general and school construction indebtedness aid; accounts and reports federally funded projects; draws down and disburses federal funds; accounts and bills for wards of the state; administers department personnel rules; gathers, analyzes, and reports financial and program data from the school districts of the state; and administers the child-nutrition program.

1152 Basic Education.

This division is responsible for upgrading the curriculum and educational resources of Vermont's elementary and secondary schools. The bulk of its work consists of providing consultation in a variety of curriculum areas for the state's 450 public and private schools.

The Curriculum and Instruction Unit provides up to-date expertise in the major school subject areas and makes this available to schools through on-site consultation, statewide and regional work-shops, newsletters, and curriculum guides. It also provides leadership and consultation to school principals, oversees the state's Basic Competency Program, and operates special curriculum projects in health, economics, citizenship, and drivers' education.

The Educational Resources Unit provides a variety of educational services to Vermont schools. It disseminates educational research, operates a teacher-to-teacher training program, encourages sex equity in the schools, approves private schools, and assists with school facility planning. It also maintains the state's teacher certification and placement services.

1153 Adult & Vocational Education.

This division focuses on older youths and adults who want training in basic or vocational skills, usually as a means to greater economic self-sufficiency. Within this division, the Adult Education Unit assumes responsibility for the development, coordination, and delivery of educational programs for adults, including basic literacy training, the General Equivalent Diploma (GED), vocational skills training, approval of schools for veterans, operation of the state's Licensed Practical Nursing schools, comprehensive employment and training programs, and instruction for correctional center inmates.

The Secondary Vocational Education Unit supports the work of the state's 16 regional vocational centers and the associated satellite centers. The team also provides consultant expertise in a variety of vocational curriculum areas, coordinates federal and state funding, provides inservice training for teachers, works with vocational youth organizations, and ensures compliance with state and federal program standards.

1154 Special and Compensatory Education.

This division assumes responsibility for meeting the special needs of Vermont's educationally disadvantaged and handicapped students. Coordination of resources and expertise benefits children who are experiencing difficulty in school, either because of handicaps or disadvantagement.

The Special Education Unit assists in the development and implemetation of programs for children whose education is adversely affected by physical or mental impairment. This team provides technical support to school districts, oversees a statewide network of regional special classes, funds school districts and institutions which provide direct instructional services for handicapped children, and monitors compliance with special education regulations.

The Compensatory Education Unit assumes responsibility for students who are educationally disadvantaged -- mostly those who are behind their agemates in achievement but who are not handicapped. This team funds and maintains a compensatory education program in all superintendencies and in many private schools and institutions. It also operates statewide consultant and tutorial programs for children of migrant workers, bilingual children, and children of refugee families. On-site consultant assistance and helpful, regular monitoring of local programs is provided together with teacher training and project evaluation.

1160 Functions of the Interdepartmental Teams

1161 Regional Teams

The Department of Education has five regional service teams, each serving the school districts and other education related programs or personnel within a specific geographical area of the state. These teams are composed of Department consultants, each representing one of the six program units, and guided by a designated team leader. The primary functions of the teams are communication, coordination, service, advocacy and leadership for the regions, as well as, coordinating and assisting in the monitoring role of the Department. The teams also serve as an extension of department services to the education constituency in their regions and as a vehicle for the exchange of information and services within the regions.

1162 Department Teams

The Department of Education has three teams which coordinate functions common to each division, budget and finance, personnel development and evaluation. These teams are composed of representatives from each of the divisions. The Budget Team coordinates the accounting, financial system and grant administration of the divisions. The Personnel Development Team coordinates inservice planning and professional development activities and serves as the core staff of the Inservice Institute. The Research and Planning Team coordinates department activities in these areas.

1170 Operations.

The functions described above (1150-1156) are delegated to professional staff in the divisions ( 3 VSA § 214) .

1171 Limitations.

In its operations affecting school districts, the State Department of Education and its agents shall be limited by the powers of local electorates ( 16 VSA § 562) , the powers of local school boards ( 16 VSA § 563) , and the duties of superintendents ( 16 VSA § 242) .

1172 Operating Policies and Procedures.

Policies and procedures for the department are developed by the commissioner in consultation with the direct of the several divisions, subject to the requirements of Administrative Procedure (3 VSA Chapter 25) and to state board approval as required.

1173 Policy Affecting Schools.

Basic policy and procedure affecting school districts, other agencies, and the public shall be developed by the department in consultation with advisory boards, councils, or committees as required, subject to state board adoption and compliance with administrative procedure requirements (3 VSA Chapter 25).

1180 Information and Access.

1181 Directory.

A directory shall be published annually which includes the department, school districts, and private and higher educational agencies. It shall be distributed to all Vermont school offices and, to the extent practical, to persons requesting it.

1182 Information.

Information regarding any state board policies or regulation or any department program or procedure may be obtained by writing or calling the Office of the Commissioner:

State Department of Education

Montpelier, Vermont 05602

Phone 802-828-3135.

History

Effective Date: 1983
AMENDED: 1992 (Secretaryof Stat Rule Log # 92-64; June 2001 Editor's correctiononly - not an amendment
Statutory Authority: 3 V.S.A. § 212, 16 V.S.A. §§ 164

Chapter 002 STATE BOARD OF EDUCATION (1200)

22-002 Code Vt. R. 22-000-002-X STATE BOARD OF EDUCATION (1200)

Part 1210 ORGANIZATION

Section 1211 Membership

See: 16 VSA § 161.

Section 1212 Removal of Members

See: 16 VSA § 162.

Section 1213 Compensation

See: 16 VSA § 1010.

Section 1214 Officers

See: 16 VSA § 161, 211.

Section 1215 Powers and Duties

See: 16 VSA § § 144-174, 211, 213, 3011-3019.

Part 1220 MEETINGS

Section 1221 Schedule

Regular meetings of the State Board are scheduled on the third Monday and/or Tuesday of each month to the extent practical.

Section 1222 Rules of Order

"Robert's Rules of Order" shall govern the conduct of state board meetings.

Section 1223 Agenda

The agenda of state board meetings shall be prepared by the commissioner or his designee upon consultation with the chairman. Members of the state board may add items by request. The agenda shall be distributed as close to two weeks prior to a regular meeting as practical.

Section 1224 Minutes

Minutes shall be prepared in accordance with law and shall be distributed to individuals or groups on request.

Section 1225 Special Meetings

See: 16 VSA § 163.

Part 1230 RULES OF PRACTICE

Section 1231 Administrative Procedure Act

Hearings, appeals rule-making, and declaratory rulings shall be conducted in accordance with 3 VSA Chapter 25. The commissioner or his designee shall prepare and sign all forms necessary for the proposal and adoption of rules.

Section 1232 Formal Proceedings

A formal proceeding is a proceeding authorized by a provision of Title 16 of the Vermont Statutes Annotated or the State Department of Education's Manual of Rules and Practices which designates the State Board of Education, the Department of Education or the Commissioner as the authority to sit in a quasi judicial capacity and make a determination. The authority designated in a particular provision of statue or rule will hereafter in these rules be referred to as the hearing authority.

The provisions in statute or rule calling for a formal proceeding include but are not limited to:

| 1) | 16 VSA 164(5) | Licensing of teachers and other school personnel. | | --- | --- | --- | | Rules 5713-5722 | | | | 2) | 16 VSA 165 | School Quality Standards | | Rule 2122. 2 | | | | 3) | 16 VSA 164(14) 166 | Private School Approval. | | Rule 2248. 1 | | | | 4) | 16 VSA 164(14) 166a | Home Study. | | Rule 2236 | | | | 5) | 16 VSA 828 | Tuition. | | 6) | 16 VSA 1073 | Residency. | | 7) | 16 VSA 168(b), 2944(c) | Special Education. | | Rules 2364.3.5-2364.3.6 | | |

A "party" to a formal proceeding is an individual or legal entity actively taking part in a legal proceeding and directly affected by its outcome. For purposes of these rules a "person" shall be defined by 1 VSA 128.

1232.1 Commencement of Formal Proceedings

1232.1.1 A party to a formal proceeding before the hearing authority may represent himself or herself or he or she may be represented by an attorney or other representative.

1232.1.2 A formal proceeding before the hearing authority shall be initiated by filing a petition with the hearing authority. Except for interventions during the course of a hearing all persons who wish to petition for permission to intervene in formal proceedings shall give notice in writing of intent to do so to the hearing authority. The grant of the petition to intervene under this rule and Rule 1232.2.5 is within the discretion of the hearing authority and shall be based on whether the petition is relevant to the formal proceedings or otherwise necessary to a full and complete disposition of the formal proceeding. The hearing authority shall notify all other parties upon intervention of a new party.

1232.1.3 All notice given to or by an attorney of record for a party in a formal proceeding shall be considered in all respects as notice to or from that party.

1232.1.4 When an attorney has appeared for a party in a formal proceeding, he shall remain attorney for such party until he has been granted leave to withdraw by order of the hearing authority.

1232.2 Filing and Service of Documents

1232.2.1 The document initiating a formal proceeding before the hearing authority shall be signed by the person filing the document and shall be filed with the hearing authority in quadruplicate. The document shall include the following information:

(a) A statement of the legal authority of the hearing authority to determine the case;

(b) A short and plain statement of the issues involved;

1232.2.2 All papers filed with the hearing authority in formal proceedings shall be on paper measuring 8 1/2 x 11 inches. Filing shall be deemed to occur when a document or paper is received by the hearing authority or the Department of Education.

1232.2.3 Every document or paper filed by a party subsequent to the initial petition in a formal proceeding shall be served upon all other parties. The hearing authority shall serve a copy of the initial petition upon all parties entitled by law to be served. Service shall consist of hand-delivering a copy or mailing it to the party's last-known address. Delivery of a copy means handing it to the attorney or to the party, or leaving it at his or her office with the person in charge thereof, or if the office is closed or the person to be served has no office, leaving it at his dwelling, house, or usual place of abode with some person of suitable age and discretion then residing therein. Service by mail shall mean first-class mail, in a sealed and properly stamped envelope. Service by mail is deemed complete upon posting the mail in a proper United States Post Office receptacle. The document or paper shall contain a signed statement stating upon whom, and the means by which, the document has been served.

1232.2.4 The response to an initial petition by persons permitted or required by law to respond shall be filed with the hearing authority and all parties by the date of the pre-hearing conference, if any, authorized by Rule 1236 of these rules, but no later than seven days prior to the date set for the hearing of the case.

1232.2.5 A petition for permission to intervene in a formal proceeding must set forth the grounds of the proposed intervention, of position and interests of the petitioner in the proceeding, and whether the petitioner's position is in support of or in opposition to the remedy sought by the person initiating the proceeding.

1232.2.6 In its discretion the hearing authority may treat any written communication to it concerning a matter within its legal authority as a petition initiating a formal proceeding.

1232.2.7 Written memoranda in support of a party's position, if any, shall be filed no later than 5 days following the conclusion of a hearing. This 5-day requirement may be waived by the hearing authority for good cause.

1232.3 Hearings

1232.3.1 An oral hearing shall be held in every formal proceeding except that hearing may be waived in the discretion of the hearing authority:

(1) in a formal rule-making or declaratory ruling proceeding, if no request for a hearing is made at least five days prior to the hearing date in accordance with 3 VSA 803(a); and the petitioner, if any, waives hearing; and

(2) in any other formal proceeding if all the parties file written waivers of opportunity for hearing.

1232.3.2 Upon the filing of a petition initiating a formal proceeding, or upon the initiation of such a proceeding by the hearing authority on its own motion, the hearing authority shall order or otherwise assign a time and place for the hearing thereof and the hearing authority shall cause written notice of the hearing to be served upon each party.

1232.3.3 Hearings shall be transcribed at the request of any party made at least 10 days prior to the hearing upon payment of the reasonable costs thereof.

1232.3.4 The admissibility of evidence in all formal proceedings before the hearing authority will be determined under the criteria specified in 3 VSA 810(1) - (4).

Section 1233 Petitions for Rule-making

Petitions for the adoption, amendment, or repeal of any rule will be entertained by the State Board of Education or the Department of Education. Such petitions shall be filed with the commissioner. Such petitions will be considered and disposed of pursuant of the procedure specified in 3 VSA 806.

Section 1234 Informal Proceedings

Informal proceedings shall be governed by procedures that the board, department, commissioner, or hearing officer deem appropriate under the circumstances.

Section 1235 Declaratory Ruling

Petitions for declaratory ruling as to the applicability of any statutory provision or of any rule or order of the state board of education or the department of education will be entertained by the board or the department. Such petitions shall be filed with the commissioner and will be considered and disposed of promptly.

Section 1236 Hearing Officers and Pre-hearing Conferences

1236.1 The state board, department, or commissioner may appoint a hearing officer who shall conduct pre-hearing conferences, conduct any hearings that may be required and prepare proposed findings of facts and conclusions of law for a decision by the hearing authority. A designated hearing officer shall have all other duties and powers of a hearing authority as provided in these rules.

1236.2 The state board, department, or commissioner shall review the proposed findings of fact and conclusions of law and render the decision.

1236.3 The hearing authority may order the parties to attend pre-hearing conferences prior to formal hearing.

Part 1240 EXCEPTIONS TO RULES

The Board of Education or the Department of Education may take a proceeding partially or entirely out of these rules when the law so permits and in its option the interest of the public so requires.

Part 1250 DISCRIMINATION

Section 1251 Reasonable Accommodations

When a child with disabilities is not eligible for special education, but is determined to have a disability, accommodations shall be made as needed in such areas as adaptations, including behavior management interventions, and supplemental aids and services. Other regulations contained in Section 2360 et seq. shall not apply to these children. See Rule 2362.2.6.

Section 1252 Instruction for Homebound and Hospitalized Students

(1) Pupils are eligible for instruction at home or in the hospital whenever they are unable to attend school for a period of ten consecutive school days or more because of pregnancy or a medical disability.

(2) Homebound or hospitalized elementary pupils shall receive instruction for no less than an average of six hours per week unless inconsistent with medical recommendations. Homebound or hospitalized secondary pupils shall receive instruction for no less than average of two hours per subject per week unless inconsistent with medical recommendations. Instructional materials shall be provided by the district of attendance.

Section 1253 Hearings under Section 504

Conflicts and alleged violations under Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. §794 may be resolved through due process hearings in the same manner as for a special education due process hearing under Rule 2365.1.6. All the procedures for such a due process hearing according to Rule 2365.1.6, including the time limits of 16 VSA § 2957, apply to Section 504 hearings. The hearing officer may award declaratory and injunctive relief but not damages, costs or attorney's fees. In addition to, or in lieu of a due process hearing, a person may file a complaint with the Office of Civil Rights in Boston, MA.

Part 1260 WAIVERS

The State Board of Education will consider waiving its established regulations when necessary for school districts to carry out locally established objectives.

History

STATUTORY AUTHORITY: 16 VSA Section 164(7)
EFFECTIVE DATE: Original effective date not provided.
AMENDED: August 5, 1994 Secretary of State Rule Log #94-59; May 9, 1997 Secretary of State Rule Log #97-14; January 25, 2006 Secretary of State Rule Log #06-002; August 24, 2006 Secretary of State Rule Log #06-023 1251 to 1253 ; June 10, 2010 Secretary of State Rule Log #10-011 1251 to 1253

Chapter 003 STATE BOARD RULE 2000 EDUCATION QUALITY STANDARDS

22-003 Code Vt. R. 22-000-003-X STATE BOARD RULE 2000 EDUCATION QUALITY STANDARDS

The purpose of these rules is to ensure that all students in Vermont public schools are afforded educational opportunities that are substantially equal in quality, and enable them to achieve or exceed the standards approved by the State Board of Education.

2000 EDUCATION QUALITY STANDARDS

2100 STATUTORY AUTHORITY

16 V.S.A. §§ 164 and 165; Act No. 1 (2019).

2105 STATEMENT OF PURPOSE

The purpose of these rules is to ensure that all Vermont students are afforded educational opportunities that are substantially equal in quality and are equitable, anti-racist, culturally responsive, anti-discriminatory, and inclusive, thus enabling each student to achieve or exceed the performance standards approved by the State Board of Education.

These rules are designed to ensure continuous improvement in student performance, instruction, and leadership to enable students to attain rigorous standards in high-quality programs, both in traditional school- based settings and in extended learning opportunities, with the latter including, but not necessarily limited to, virtual, work-based, co-curricular community-based and service-learning opportunities, community research and civic and community engagement projects, dual enrollment and early college, career technical education and adult education and learning.

These rules prohibit discrimination against any student pursuing an education or participating in the general life or activities of a school because of or based on any actual or perceived protected class consistent with state and federal law. No student shall be excluded from participation in, be denied the benefits of, or be subject to discrimination under any educational program or activity as the result of, or based upon, the student's race, gender, color, creed, religion, national origin, marital status, sexual orientation, gender identity, or disability, or any other reason set forth in state or federal law.

In addition to the non-discriminatory protections in Section 2113 (Federal and State Entitlements Nondiscrimination; Federal and State Requirement; Student Records), discriminating against any student pursuing an education or participating in the general life or activities of a school as a result of or based upon, ethnicity, caste, language and linguistic diversity, socio-economic status, housing status, or non-citizenship or immigration status, is contrary to the State Board's intent that all students experience an equitable, anti-racist, culturally responsive, anti-discriminatory, and inclusive learning environment.

These rules further require each supervisory union, supervisory district, and school district, to strive for a culturally responsive pedagogy that critically examines and imparts a comprehensive historical and socially conscious understanding of:

(a) the causes and effects of bias and discrimination as a result of, or based upon, the reasons set forth in Section 2113 (Federal and State Entitlements Nondiscrimination; Federal and State Requirement; Student Records) and in this Statement of Purpose;

(b) why all persons should have equitable access to social and economic opportunity;

(c) why persons and institutions must identify and prevent individual, group, and systemic racism, discrimination, and all forms of unfair treatment; and

(d) the positive and multi-faceted contributions of different social, cultural, racial, linguistic, ethnic, and indigenous groups to the historical and ongoing project of building and strengthening democracy in the United States and globally.

Nothing herein shall be construed to entitle any student to educational programs or services identical to those received by other students in the same or different supervisory union, supervisory district, school district, or school. These rules are in addition to and, unless otherwise specifically stated, do not supersede other rules adopted by the Agency or State Board. Nothing herein shall create a private right of action.

2110 DEFINITIONS

The following definitions shall apply to these rules unless the context clearly requires otherwise:

"Agency" means the Vermont Agency of Education.

"Anti-discriminatory" practices are actions, behaviors, programs and policies by school staff, students, school boards, contractors, and community members involved in the daily operations of schools that are necessary to counter discrimination, and that promote a fair, just, and equitable learning environment for all students.

"Anti-racist" practices are actions, behaviors, programs, and policies designed and/or implemented by school staff, students, school boards, contractors, and community members involved in the daily operations of schools that are necessary to counter racism and that promote a racially inclusive learning environment for all students.

"Appropriately licensed educator" means any teacher or administrator requiring a license under 16 V.S.A. Chapter 51 and in accordance with the Rules Governing the Licensing of Educators and the Preparation of Educational Professionals.

"Career Technical Education" means an educational program that supports attainment of a high school diploma and is designed to provide students with technical knowledge, skills, and aptitudes to prepare them for further education, enhance their employment options or lead to a postsecondary or industry-recognized credential, and strengthen their ability to work collaboratively in their chosen occupations or careers with all persons.

"Caste" refers to a hierarchical social system of exclusion and dehumanization based on notions of purity and contamination. Those who suffer the stigma of caste are often deprived of or severely restricted in the enjoyment of their civil, political, economic, social, and cultural rights.

"Civic and Community Engagement" refers to individual and/or collective actions that identify and address issues of public importance, and that provide people with opportunities that contribute to the current and future development of their communities and a democratic society. Civic and community engagement can take place in a variety of formal and informal settings, including but not limited to, those in governance and electoral politics, educational, cultural, and recreational activities, community service and social justice movements.

"College and Career Readiness" means a student possesses the knowledge, learning strategies, and foundational skills to enter the workforce, to pursue postsecondary education or training and to adapt successfully to employment and academic or training environments that are socially and culturally inclusive.

"Critical thinking" is the objective examination of an issue to discern or form a judgment based on evaluating evidence, checking assumptions, and adopting multiple perspectives to better understand the question at hand.

"Culturally and Linguistically Diverse Students" are those who are members of home, cultural, or social environments whose experience and success is enhanced by schools demonstrating respect for a multitude of linguistic competencies and fostering systems of academic and social inclusion that acknowledge the fundamental importance of such competencies. Linguistic competencies are cultural and linguistic resources that students, families and communities draw upon, including, but not limited to, a variety of languages, including Indigenous languages, multiple-sign languages, and African American Vernacular English and other dialects.

"Culture" refers to a set of distinctive spiritual, material, religious, intellectual, creative, and emotional attributes of a society or social group and encompasses, in addition to art and literature, lifestyles, ways of living together, values, traditions, and beliefs.

"Discrimination" refers to any exclusion, restriction, or preference based on any protected class as identified in state or federal law. Discrimination may be practiced by individuals and groups and may also be expressed systemically through the structures, laws, practices, and policies of public and private institutions, employers, and organizations.

"Educator Mentoring" is the pairing of a mentor with an educator who is either new to the profession or new to the school to provide training, orientation, assistance, and support. Further, for the purposes of this rule, a "mentor" is an educator who has demonstrated high-quality instructional practice and who has been provided training in mentoring.

"Equity" or "Equitable," as referenced in these rules in relation to schools or educational programs, results in each student receiving the resources and educational opportunities to learn and thrive in all aspects of learning, school life, career technical education, and community-school interactions, and to discover and cultivate their talents and interests. To be achieved, equity requires an inclusive school environment and may necessitate an unequal distribution of resources and services based on the needs of each student.

"Ethnicity" embodies a wide range of criteria used to identify ethnic groups, such as a common history, ancestry or culture, national, social, or geographic origin, skin color, languages, religions, tribe or indigenous people (including the Indigenous Peoples of Vermont), or various combinations of these characteristics, and may reflect a legally protected class of people in some contexts.

"Evidence-based" has the same meaning as 20 U.S.C. § 7801(21) and applies practices and activities that are consistent with research on how students communicate, behave, learn, and thrive in ways that are developmentally and socially appropriate and have positive and lasting effects on their education and personal growth.

"Inclusion" or "Inclusive" practices, as used in this rule, are school-based curricula, programs, activities, resources, and policies that ensure that academic learning, co-curricular and social offerings, and all other aspects of school life are based on the values of equality, equity, social and cultural diversity, freedom and dignity, so that all students are valued as unique individuals and can achieve their full academic and social potential.

"Intercultural Competency" describes practices and actions to pursue deep understanding, mutual respect, and willingness to learn about the cultures of all people, especially those who have been marginalized, silenced, and/or undervalued.

"Language" refers to systems of conventional and unconventional spoken, visual-manual, technological, and written symbols that human beings use personally and as members of social and cultural groups to express themselves, shape identity, acquire knowledge, mediate power, play, create, imagine, build and sustain familial, social, and cultural bonds, and express a wide range of personal needs, aspirations, and emotions.

"Linguistic Diversity" refers to the immense body of diverse and complex systems of communication and expression (e.g., official languages, endangered languages, indigenous and minoritized languages, dialects, and non-verbal languages and communication), the respect for and preservation of which is fundamental to students' experience and academic success; eradicating bias, racism, and discrimination; and fostering practices and systems of inclusion, equality, equity, and diversity in our schools and communities.

"Needs-Based Professional Learning" refers to staff learning based upon needs identified through an examination of student performance and organizational and instructional data, and which is aligned with the school's Continuous Improvement Plan, curriculum, and pedagogical practices.

"Neurodiversity" refers to the natural and important variation in how human minds think and is not to be cured or corrected to fit social norms. These differences can include, but are not limited to, autism, attention deficit hyperactivity disorder, dyspraxia, dyslexia, dyscalculia, and Tourette Syndrome.

"Proficiency-Based Learning" refers to systems of instruction, assessment, grading and academic reporting that are based on students demonstrating mastery of the knowledge and skills they are expected to learn before they progress to the next level, get promoted to the next grade, or receive a diploma.

"Proficiency-Based Graduation Requirements" are the locally determined set of content knowledge and skills aligned to state standards that, when supplemented with any additional locally developed requirements, have been determined to qualify a student for earning a high school diploma. The requirements shall be clear, shared learning expectations that empower students and provide opportunities for choice in learning experiences and accord multiple ways to demonstrate proficiency in knowledge and skills. In this system, "Proficiency-Based- Graduation-Requirements" are supervisory union- or supervisory district-wide learning objectives used by educators and students to drive instruction and assess growth in new learning.

"Race" embodies an invented or socially constructed concept that is used to categorize groups and cultures on the basis of physical differences transmitted through descent, like skin color, and may reflect a legally protected class of people in some contexts.

"Racism" embodies the theory, belief, or act of making value judgements that are based on racial, ethnic, or cultural differences, or which advances the claim that racial, ethnic, or cultural groups are inherently superior or inferior, thus explicitly arguing or implying that some groups are entitled to dominate, exploit, exclude, or eliminate others presumed to be inferior. Racism is practiced by individuals and groups, and it is expressed systematically through the structures, laws, regulations, practices and policies of public and private institutions, employers, and organizations.

"Restorative Practices" refer to whole-school, relational approaches to building school climate and addressing student behavior that fosters belonging over exclusion, social engagement over control, and meaningful accountability over punishment. They encourage members of the school community to be constantly present, attending to needs as they arise. They exercise the ability to be dynamic rather than static in a given response. Restorative approaches also begin with proactive structures to build positive relationships and communication and create a space for people to express themselves--their strengths, assets, responsibilities, and also their vulnerabilities. Neither restorative approaches, practices, processes, nor programs shall remove or lessen to any degree a supervisory union, supervisory district, or school's responsibility under Vermont law and policy to investigate, call out, name, and discipline behaviors that violate the Agency's "Policy on the Prevention of Harassment, Hazing, and Bullying" (HHB) and Federal Title IX.

"School" refers to an organizational structure designed to facilitate student learning. This could include an individual school or a combination of schools with one administration, inclusive of outdoor recreation areas, paths, and facilities, and could include learning opportunities both within and outside of school buildings and school day. It also includes career technical education centers, as specified in 16 V.S.A. Chapter 37, and virtual learning experiences and opportunities offered by the school, supervisory union, or supervisory district. Where the context suggests that a "school" take an action, the action shall be taken by the superintendent or school official designated by the superintendent, unless otherwise specified herein or in law or regulation.

"Secretary" means the Secretary of Education or their designee.

"Social Identity Group" refers to a group of people who share common characteristics that shape their identity and promote a sense of unity, including sex, sexual orientation, gender identification, disability, class, socio- economic status, or other characteristics that are fundamental to identity.

"State Board" means the Vermont State Board of Education.

"Technology Integration" refers to the infusion of technology into the curriculum as a tool to enhance learning in a content area or multidisciplinary setting, enabling students to select technology tools to help them obtain information in a timely manner, analyze and synthesize the information, and present it in culturally, linguistically, and age-appropriate ways.

2111 ADOPTION OF PERFORMANCE STANDARDS

Pursuant to 16 V.S.A. § 164(9), the State Board will implement and periodically update standards for student learning in appropriate content areas from kindergarten to grade twelve supervisory union and supervisory district boards shall use these standards as the basis for developing and selecting curriculum, methods of instruction, assessments, and the content and skills taught and learned in school.

2112 EDUCATION QUALITY STANDARDS

To carry out Vermont's policy that all Vermont students will be afforded educational opportunities that are substantially equal in quality, and to ensure continuous improvement in student performance, each supervisory union, supervisory district, school district, and school to which these rules apply, pursuant to 16 V.S.A. § 165 shall meet the following education quality standards and annually report to their communities in an understandable, inclusive, and comprehensive form as required in 16 V.S.A. § 165(a)(2).

Independent schools seeking designation that they meet education quality standards pursuant to 16 VSA § 16 VSA § 165(f) must also meet the standards outlined in these rules except where doing so is otherwise contrary to state law.

As these rules relate to independent schools designated as meeting education quality standards, unless the context suggests otherwise, duties assigned to supervisory unions, supervisory districts, school districts, or schools shall all be assigned to the independent school; duties assigned to school boards shall all be assigned to the independent school's governing board; and duties assigned to superintendents and principals shall be assigned to the school's head of school.

2113 FEDERAL AND STATE ENTITLEMENTS NONDISCRIMINATION; FEDERAL AND STATE REQUIREMENT; STUDENT RECORDS

2113.1 Federal and State Entitlements.

Each supervisory union, supervisory district, school district, and school shall ensure that students are furnished educational and other services in accordance with state and federal entitlements and requirements.

2113.2 Nondiscrimination.

No student shall be excluded from participation in, be denied the benefits of, or be subject to discrimination under any educational program or activity as the result of, or based upon, the student's race, gender, color, creed, religion, national origin, marital status, sexual orientation, gender identity, or disability, or any other reason set forth in state or federal law.

2113.3 Federal and State Requirements; Student Records.

(a) Federal Requirements. Each supervisory union or supervisory district shall adopt and implement policies consistent with the federal Protection of Pupil Rights Act, 20 U.S.C. § 1232h, regarding surveys, analyses, and evaluations. Each school district and school shall comply with requirements related to invasive physical examinations in accordance with the Protection of Pupil Rights Act, 20 U.S.C. § 1232h.

(b) State Requirements. Each school district and school shall comply with requirements of state law relative to vision and hearing screening, immunizations, and child abuse reporting. Supervisory unions shall participate in interagency teams as required by 33 V.S.A. § 4303 and any other requirement of law.

For the purposes of this section, a transcript is a formal record certifying and documenting a student's or former student's academic achievements and shall include, at a minimum, the student's name, date of birth, last known address, dates of attendance, courses taken, grades or proficiencies achieved, credits or credentials awarded, and standardized test scores, if applicable. An academic record includes a student's transcript and may also include alternate graduation plans, an individualized education program, a 504 Plan, personalized learning plan, rank in class, awards, activities, clubs, and other information not included in a student's transcript. The academic record shall not include documents, notes, records, or descriptions of a student's disciplinary history. Academic records are not the same as education records, as referenced in the federal Family Educational Rights and Privacy Act (FERPA).
Each supervisory union, supervisory district, and school district shall develop and implement policies and procedures for the secure collection, maintenance, disclosure, transfer, and destruction of academic records. Policies shall ensure that records are kept physically and electronically secure; enable accurate and timely reporting in connection with state and federal data collection requirements in alignment with the Agency's statewide data collection efforts; ensure the accuracy, relevancy, and confidentiality thereof, and accessibility thereto; and comply with the FERPA. School personnel shall protect the confidentiality of all student information and shall release information only as permitted by law.
Unless otherwise designated by local policy or state law, each supervisory union or supervisory district that operates grades nine through twelve shall permanently maintain the transcripts of students who have either graduated or withdrawn, and the academic records may be permanently maintained by the school.

2120 INSTRUCTIONAL PRACTICES AND CURRICULUM DEVELOPMENT

2120.1. Instructional Practices.

Educators shall promote personalization and high expectations so that each student may successfully engage with the curriculum delivered and meet graduation requirements. Practices employed by educators shall include examining and teaching a subject from multiple academic perspectives and encouraging students to engage with and synthesize diverse perspectives and narratives, including those from the students' lived experiences, into a coherent understanding or analysis. Classroom instruction shall include a range of evidence-based instructional strategies that most effectively improve student learning and engage all students, as identified by national and Vermont guidance, and locally collected and analyzed student data.

Educators shall be supported in:

(a) examining their own identities and biases;

(b) fostering a learning environment that recognizes multiple ethnic, cultural, and racial perspectives; presents and critiques historical counter-narratives; and encourages students to examine issues and expressions of social equity within and beyond the classroom or school;

(c) modeling and setting high expectations for all students - regardless of a student's prior academic experience, family background, socio-economic status or (dis)abilities and promoting respect for student differences;

(d) recognizing the essential role that language acquisition and literacy play in the lives of students, especially culturally and linguistically diverse students, not only in respect to listening, speaking, reading, and/or writing, but as home and community practices that shape a culturally responsive understanding of students 'social, racial, linguistic, and ethnic identities, of their communities, and of their world;

(e) communicating in culturally and linguistically responsive ways;

(f) providing learning experiences that are designed for neurodiversity with multiple ways for students to access learning;

(g) using educational and assistive technology to reduce barriers to learning and heighten student engagement;

(h) cultivating student agency by providing multiple ways for students to engage with and demonstrate their new learning;

(i) emphasizing an inquiry-driven approach to all units of study and bringing real-world issues into the classroom;

(j) heightening the relevance and importance of learning objectives and providing mastery-oriented feedback;

(k) employing the use of data to adapt pedagogy to unique student needs and incorporating student feedback into instructional design and curricula;

(l) teaching students how to develop metacognitive and social emotional skills that improve their academic outcomes;

(m) designing learning experiences that improve students 'wellbeing, including opportunities for physical movement in the classroom; and

(n) fostering a positive classroom culture using restorative practices where appropriate.

2120.2. College and Career Counseling; Flexible Pathways.

Supervisory unions, supervisory districts, and schools must ensure that students receive appropriate college and career counseling, program information regarding the availability of education and apprenticeship program offerings at career technical education centers, and must provide students with opportunities to experience learning through flexible and multiple pathways, including but not limited to career technical education, virtual learning, work-based learning, service learning, internships, apprenticeships, community research, civic and community engagement, dual enrollment, and early college. Learning must occur under the supervision of an appropriately licensed educator. Learning expectations must be aligned with the expectations of the supervisory union or supervisory district curriculum for the applicable content area. Students must be allowed to demonstrate proficiency by presenting multiple types of evidence, including but not limited to teacher or student-designed assessments, portfolios, performances, exhibitions, and projects.

To develop and expand flexible pathways that are effective and equitable, school boards and educators must:

(a) integrate understanding and respect for the diversity of cultural, racial, ethnic, linguistic, and social identities and experiences that shape and impact learners' lives and integrate that understanding into the supervisory union and supervisory district's planning and procedures related to flexible pathways;

(b) recognize and reduce social and economic barriers to accessing flexible pathways;

(d) offer resources and learning opportunities that incorporate the civil and individual rights of and highlight the importance of inclusion of people with disabilities in society;

(e) communicate to students and parents and legal guardians how they can learn about, access and benefit from flexible pathways through different means and in easy-to-understand language that is linguistically appropriate and culturally responsive, including in their home languages and in accessible formats;

(f) monitor and report annually on general participation rates, continuous improvement metrics, the proportional representation of ethnically, racially, linguistically, and socially diverse student populations in the program, resource allocations and their effects on ensuring equitable access to the program, and any obstacles to student participation in whole or for particular groups of students; and

(g) provide students with flexible pathways opportunities, consistent with 16 V.S.A. § 941, to have as part of their learning experiences quality interactions with teachers and other adults who represent a range of cultural, ethnic, racial, linguistic, and social diversity.

2120.3. Career and Technical Education.

School districts serving grades nine through twelve shall coordinate with their designated career technical education center to ensure genuine access and support for all eligible students as required by 16 V.S.A. § 1541a. Any eligibility requirements for a given career technical education program need to be equitable, anti-racist, culturally responsive, anti-discriminatory, and inclusive. Eligibility requirements shall be clear, accessible, and communicated in languages that are accessible by students, parents/legal guardians, and staff. Schools shall ensure that students receive appropriate career counseling and shall offer a genuine opportunity for students to access career technical center programs. Demonstrations of learning such as credits or grades earned in an approved career technical education course or program are subject to the requirements of 16 V.S.A. § 1545.

2120.4. Personalized Learning Plans.

As required in 16 V.S.A. § 941, school districts shall ensure all students in grades seven through twelve are engaged in an ongoing personalized learning planning process that is documented by a personalized learning plan, which shall be a written document developed by and for the student, with a representative of the school and, if the student is a minor, the student's parent or legal guardian. The personalized learning plan shall describe the scope and rigor of learning opportunities and supports necessary for students to develop aspirations, achieve college and career readiness, attain a high school diploma, and participate confidently in the civic, cultural, and social life of their school system, community, state and nation. This plan must be reviewed at least annually by November 30.

2120.5. Tiered System of Support.

[Prior to July 1, 2024, this Subsection 2120.5 was named "Curriculum Content" and "Tiered System of Support" was numbered as Subsection 2121.5.]

In accordance with 16 V.S.A. § 2902, each school district shall ensure that a tiered system of academic and behavioral supports is in place to assist all students in working toward attainment of the performance standards. This system will result in the collaboration of all adults to meet the academic, behavioral, social, and emotional/mental health needs of each and every student. Supports are provided as layered high-quality, evidence-based instruction, intervention, and assessment practices that are matched to student strengths and needs, based on the effective and timely use of meaningful data. This system shall be aligned with each school's personalized learning plan process. Each school district shall assign responsibility for developing and maintaining the tiered system of supports either to the superintendent pursuant to a contract entered into under 16 VSA § 16 VSA § 267 or to the school principal.

Vermont's preK-12 tiered system of supports aligns the components of early multi-tiered systems of support (Early MTSS) with those of the VTmtss Framework to ensure a continuous, comprehensive, and integrated system of supports for every preK-12 student.

Through personal learning plans, individualized education programs, education support teams, and Section 504 plans, educators shall work with students and their families to facilitate two-way communication and cooperative efforts to support each student's success. These learning plans shall address individual needs with a tailored plan designed to help students personalize their learning, meet state learning standards, and remain on track to graduate. Federal and state law, and State Board rule, have required these plans over time to ensure equity for students.

A student's personalized learning plan shall help inform the structures and services put in place to support individual student learning. Provision of specific student supports, including relevant accommodations, shall be detailed within a student's individualized education program or 504 plan as required by federal law. Tiered systems of support should also integrate elements of early multi-tiered systems of support, as relevant, to ensure that comprehensive and integrated systems of support are in place for all preK-12 students.

Each school shall have an educational support team composed of staff from a variety of teaching and support positions to 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 Secretary, 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. Ideally, and when appropriate, the educational support team would include students, administrators, teachers, a school psychologist, special educators, school counselor(s), parents or guardians, a social worker, and other staff with behavioral and/or academic expertise. Other duties of the educational support team, under 16 VSA § 16 VSA § 2902, are to:

(a) identify the classroom accommodations, remedial services, and other supports to be provided to the identified student,

(b) assist teachers to plan for and provide services and accommodations to students in need of classroom supports or enrichment activities,

(c) 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 their secondary education, and

(d) maintain a written record of its actions.

School counseling services shall support the mission and vision of the school and shall be available to all preK-12 students. The services shall address students' academic, college, and career goals and personal and social development; offer support and resources that are respectful of the lived experiences and unique identities of students; and support students who either experience or witness instances of racism and discrimination. Such services shall be aligned and integrated with the work of other professionals in the school setting, as well as those in other educational and human services.

Health services, including health appraisal and counseling, communicable disease control, mental health services, emergency and first aid care, and access to professional counseling, shall be made available in a confidential manner to students in each school. These health services shall be respectful of the lived experiences and unique identities of students, including gender identity and gender transition, and be delivered in accordance with the school district's written policies and procedures, which shall be developed in collaboration with parents and community health resources.

2120.6. Curriculum Content Areas.

[Prior to July 1, 2024, this Subsection 2120.6 was named "Curriculum Content" and appeared at Subsection 2120.5. The subsection now numbered as 2120.7, named "Curriculum Coordination," appeared here as Subsection 2120.6.]

Each supervisory union or supervisory district shall develop documented curriculum that is aligned with the standards approved by the State Board. The curriculum shall be equitable, anti-racist, culturally responsive, anti- discriminatory, inclusive, and accessible to families and community members. Knowledge of diverse cultures, languages, and perspectives shall be incorporated into learning activities and curriculum design, including connecting students' life experiences and ways of learning, to help students to access rigorous curriculum and develop higher order thinking skills.

Each school district shall enable students to engage annually in rigorous, relevant, and comprehensive learning opportunities that allow them to demonstrate proficiency in the content areas (a) - (h) below.

(a) English language arts and literacy, including critical thinking, language, reading, spelling, comprehension, speaking and listening, and writing. Demonstrating proficiency in literacy includes the ability to engage with language to acquire, construct and communicate meaning, and to shape meaning to identity in aspects of daily living. All students need to receive systematic reading instruction in the early grades from a teacher who is skilled in teaching reading through a variety of evidence-based instructional strategies that take into account language knowledge and skills, as measured by effective assessments (e.g., screening, formative, summative, and diagnostic) and the linguistic background of each student. Some students may require intensive supplemental instruction tailored to the unique difficulties encountered, irrespective of special education eligibility.

(b) Mathematical content and practices, including numbers, operations, and the concepts of algebra and geometry.

(c) Science and engineering practices, cross-cutting concepts, and disciplinary core ideas, scientific inquiry and content knowledge that include the concepts of life sciences, physical sciences, earth and space sciences, engineering, and technology design.

(d) Global citizenship, including the concepts of civics, economics, geography, world language and cultural studies, and history.

(e) Physical education and health education, as defined in 16 V.S.A. § 131, that

provide students in grades k-8 with at least two physical education classes per week and students in grades nine through twelve with one and one-half years of physical education or the equivalent thereof, at a minimum; and aligned with the school district's proficiency based learning and graduation requirements;
offer options for students in grades k-12 to participate in at least thirty minutes of physical activity within or outside of the school day. Physical activity may include recess and movement built into the curriculum but does not replace physical education classes; and
provide comprehensive elementary and secondary health and physical education learning experiences, including the effects of tobacco, alcohol, and drugs on the human system for all students in accordance with sections 16 V.S.A. § 131 and § 906(b)(3).

(f) Artistic expression and core arts disciplines such as dance, media arts, music, theater, and visual arts, in alignment with standards approved by the State Board.

(g) Transferable skills, which refers to lifelong learning and interdisciplinary skills that are vitally important for students' personal agency and contributions as members of a diverse and democratic society, including communication, collaboration, creativity, innovation, inquiry, problem solving, critical thinking, the use of technology, and intercultural competency.

(h) Ethnic and social equity studies, as described in Act 1 (2019), which promotes critical thinking regarding the history, contribution, and perspectives of ethnic groups and social groups.

Each school district shall ensure students are able to access academic and experiential learning opportunities that reflect their emerging abilities and aspirations, as outlined in the students' personalized learning plans.

All students, including those who require additional assistance to succeed or be challenged in the general education environment, shall be provided with appropriate socially and culturally responsive learning opportunities to support their attainment of the performance standards approved by the State Board.

2120.7. Curriculum Coordination.

[Prior to July 1, 2024, this Subsection 2120.7 appeared at Subsection 2120.6. The subsection now numbered as 2120.8 "Graduation Requirements," appeared here as Subsection 2120.7.]

Each school district shall implement a written curriculum developed pursuant to Subsection 2120.6 (Curriculum Content Areas) that is:

(a) aligned with the standards approved by the State Board;

(b) coordinated across all grades to prepare students for graduation and life beyond;

(c) coordinated across the supervisory union or supervisory district, including sending high schools and career technical education centers;

(d) informed by ongoing review of new research, changing learning opportunities, and updates to the standards approved by the State Board;

(e) designed to enable all students to achieve the graduation requirements; and

(f) integrated with technology across all disciplines.

Each school district with a prekindergarten early education program must offer high-quality programs as outlined in State Board Rule 2600 and consistent with the principles of Act 1(2019).

Each supervisory union, supervisory district, and school district board shall align existing policies and create new policies as needed to accomplish the following:

(a) promote research, coordination and professional learning that leads to the development of age- appropriate and grade-appropriate programming and resources in ethnic and social equity studies that are integrated into all learning content areas in Subsection 2120.6 (Curriculum Content Areas) and that are responsive to the developmental needs of all students, pre-kindergarten through grade twelve; and

(b) create systems for regularly, systematically, and continuously evaluating performance in attaining the above goals.

2120.8. Graduation Requirements.

[Prior to July 1, 2024, this Subsection 2120.8 "Graduation Requirements" appeared at Subsection 2120.7. The subsection then numbered as 2120.8 "Local Graduation Requirements," has been modified and appears now as part of this Subsection 2120.8 "Graduation Requirements."]

A student meets the requirements for graduation when the student demonstrates proficiency in the learning content outlined in Subsection 2120.6 (Curriculum Content Areas) and completes any other requirements specified by the board of the school district attended by the student.

For students eligible for special education services under IDEA or protected by Section 504 of the federal Rehabilitation Act, the student shall meet the same graduation requirements as typical peers in an accommodated or modified manner. These modifications will be documented in each student's personalized learning plan. A student's individualized education program team or 504 team is responsible for assuring that information regarding the student's individual skills, aptitudes, and present levels of performance are incorporated into the student's personalized learning plan. This ensures that the required proficiency levels are linked to local graduation requirements, individually accommodated or modified as required for the student, and are written into the student's personalized learning plan. This process shall ensure that any student identified as a student with a disability will receive a regular high school diploma after meeting their individual graduation requirements as outlined in their personalized learning plan. The development of an individualized education program does not supplant a personalized learning plan, nor does a personalized learning plan replace an individualized education program.

Supervisory unions and supervisory districts must provide appropriate programs and accommodations that ensure English Language Learner (ELL) students have access to grade-level curricula so they can meet promotion and graduation requirements. These programs and accommodations must be documented in each student's personalized learning plan.

Graduation policies must define proficiency-based graduation requirements based on standards adopted by the State Board. It is the responsibility of the supervisory union or supervisory district board to ensure alignment in expectations for all students within its schools.

Schools may or may not use credits for the purposes of demonstrating that a student has met the graduation requirements. When used, credits must specify the proficiencies demonstrated to attain a credit and shall not be based on time spent in learning. Further, students may receive credit for learning that takes place outside of the school, the school day, or the classroom. Any credits earned must occur under the supervision of an appropriately licensed educator.

2121 SCHOOL LEADERSHIP; PROFESSIONAL RESOURCES

2121.1. School Leadership.

The roles and responsibilities of the supervisory union, supervisory district, school district, and school's

leadership, including their boards, superintendent, principal, and career technical education center director, if applicable, shall conform to applicable provisions in Title 16 of the Vermont Statutes Annotated regarding authority and duties.

Each supervisory union, supervisory district, and school district board shall ensure the alignment of existing policies and create new policies as needed to ensure compliance with these Education Quality Standards. When undertaking this policy work, boards and school leadership shall engage with the communities they serve and seek input and guidance through a process that includes the diverse voices and experiences of students, parents and legal guardians and other community members who are often underrepresented in this work and in school decision-making.

Supervisory union, supervisory district, and school district boards shall establish and make accessible an inclusive process for receiving public feedback, to include students, legal guardians, and staff feedback regarding their experiences in the school system. especially as it relates to racial, ethnic, or social identity group experiences. Boards and school leadership must also establish procedures for handling and responding directly to complaints regarding compliance with school policies, practices, and these Education Quality Standards.

These documented complaints and responses shall be included in annual reporting to the Agency as required in Section 2126 (System for Determining Compliance with Education Quality Standards).

All school leaders must have sufficient time to carry out their responsibilities to focus on improving student learning and on fostering an anti-racist, culturally responsive, anti-discriminatory, and inclusive learning environment. To accomplish this, the superintendent or their designee must:

(a) supervise licensed principals and career technical education center directors, as applicable, who shall be responsible for the day-to-day leadership of their school or center;

(b) create a school leadership team consisting of administrators and teachers (and students as appropriate) with compensation either in time or financial reimbursement, or a combination of both, for all teachers;

(c) create professional learning groups for all teachers that meet during school time at least two hours per month and are facilitated by trained teachers;

(d) engage in professional development coursework and professional learning opportunities to understand and advance equity across the supervisory union or supervisory district;

(e) coordinate the principal's or career technical education center director's schedule, as applicable, to enable them to engage in student learning, such as:

teaching a course or hosting an advisory with students;

mentoring a group of students in developing their personalized learning plans;
providing support for students through support services; or
promoting other methods of student engagement as approved by the superintendent.

(f) provide teacher support and evaluation aligned with the guidelines approved by the State Board; and

(g) minimize, as much as possible, supervision of non-teaching staff by the principal.

The principal shall be answerable to the superintendent in the performance of their duties.

2121.2. Staff.

As required in 16 V.S.A. § 1692, all professional staff shall be appropriately licensed and endorsed for their assignment. All classroom staff, including educational support personnel, shall have had adequate academic preparation and training to teach or provide services in the area to which they are assigned. Instructional and administrative staff members must possess the knowledge and skills necessary to implement the standards in alignment with professional educator standards established by the Vermont Standards Board for Professional Educators.

2121.2.1. Staffing Requirements.

Schools with ten or more full-time equivalent teachers shall employ a full-time licensed principal. Schools with fewer than ten full-time equivalent (FTE) teachers shall employ a licensed principal on a pro-rata basis.

Each supervisory union or supervisory district shall employ licensed special education staff and shall ensure each school employs sufficient and qualified staff as needed to identify students eligible for special education services and to implement each eligible student's individualized education program and Section 504 plan.

Student counseling staffing shall be sufficiently filled by licensed school counselors and other student support personnel to carry out the school's counseling services, such as guidance counselors, Student Assistance Program counselors, home-school coordinators, multi-lingual learner coordinators, and school-based clinicians. At the elementary level, there shall be no more than 300 students per school counselor and other student support personnel. Schools with fewer than 300 students shall employ a school counselor and other student support personnel on a pro-rata basis. At the secondary level, there shall be no more than 200 students per school counselor and other student support personnel.

The services of a certified library media specialist shall be made available to students and staff. Schools with over 300 students shall have at least one full-time library media specialist and sufficient staff to implement a program that supports literacy, information, and technology standards. Schools with fewer than 300 students shall employ a library media specialist on a pro-rata basis.

The Vermont Department of Health recommends implementing the School Nurse Leader School Health Services Delivery Model, which is consistent with the principles of the national Coordinated School Health Model, to ensure appropriate access and coverage.

Each school shall engage the services of a person licensed as a School Nurse or Associate School Nurse. There shall be no more than 500 students per school nurse. Schools with fewer than 500 students shall employ a nurse on a pro-rata basis.

2121.2.2. Class Size.

Classes in grades K-3, when taken together, shall average fewer than twenty students per teacher. In grades four through twelve, when taken together, classes shall average fewer than twenty-five students per teacher. The total class roll of a teacher shall not exceed 100 students, except where the specific nature of the teacher's assignment, such as in certain art, music, or physical education programs, is plainly adaptable to teaching of greater numbers of students while meeting the educational goals of the program.

School district boards, in coordination with their superintendent, must establish optimum class size policies as consistent with statutory guidance from the Agency. Class size must comply with state and federal safety requirements.

2121.3. Needs Based Professional Learning.

Each supervisory union or supervisory district shall develop and implement a system of appropriate needs-based professional learning for all professional staff, including administrators and other staff involved in student instruction. This shall include ongoing resources and supports to create and strengthen an equitable, anti-racist, anti-discriminatory, and culturally and linguistically responsive, and inclusive school experience for all students and to cultivate the knowledge, skills, and practices required to identify and remediate discrimination because of, or based upon, the reasons set forth in Section 2113 (Federal and State Entitlements Nondiscrimination; Federal and State Requirement; Student Records), and in the Statement of Purpose. Time for professional learning will be embedded into the agreed-upon scheduled times for school employees as defined by collective bargaining agreements where they exist.

Each school's professional learning system shall be aligned with its staff evaluation and supervision policies, Continuous Improvement Plan, and supervisory union or supervisory district's goals and shall provide new staff members with appropriate opportunities for professional learning.

Educator mentoring shall be a component of the needs-based professional learning system required in this subsection. The superintendent or their designee shall determine the specifics of each mentoring program in their school(s) in accordance with the guidelines approved by the Agency, State Board, Vermont Standards Board for Professional Educators, and state law addressing mentoring for educators.

2121.4. Staff Evaluation.

For the purposes of this section, "staff" includes administrators, educators, and other school employees working with students. Staff evaluation programs and policies shall be designed and implemented with the goal of improved student performance, outcomes, and learning experiences. Such programs and policies shall:

(a) be consistent with the provisions of state and federal law and the Vermont Guidelines of Teacher and Leader Effectiveness adopted by the State Board;

(b) include multiple sources of evidence to inform and measure teacher performance;

(d) address the needs of teachers who are new to the profession or the assignment or the school; and

(e) provide supports to improve instructional practice, content knowledge, working relationships (with colleagues, parents and legal guardians and community members), and other areas as appropriate to improve student performance, outcomes, and learning experiences.

2122 SCHOOL FACILITIES, LEARNING ENVIRONMENT, INSTRUCTIONAL MATERIALS

2122.1. School Facilities.

Each school shall maintain a safe, accessible, orderly, civil, flexible, and positive learning environment, which is equitable, anti-racist, culturally responsive, anti-discriminatory, and inclusive; free from harassment, hazing, and bullying; and based on sound instructional and classroom management practices and clear discipline and attendance policies that are consistently and effectively enforced.

The design and operation of the school facilities shall be in full compliance with all state and federal fire, health, safety, chemical, and architectural standards.

Each school's comprehensive plan for responding to discipline and misbehavior, as required by 16 V.S.A. § 1161a, shall be clear and consistently enforced and shall include consequences for violations of the policy.

Each school district shall observe due process requirements as set forth in Rule 4300 et seq.

2122.2. Access to Instructional Materials.

Each school district shall provide anti-racist, culturally responsive, anti-discriminatory, and inclusive instructional materials and, further, shall:

(a) provide a learning environment with sufficient supplies and infrastructure to allow for learning;

(b) develop, maintain, and expand as needed a collection of accessible print, multi-media, alternate format (e.g., high-quality audio files, electronic braille, and other forms of E-texts), digital and technology resources that are administered by a certified library media specialist;

(c) ensure that the curriculum is supported by necessary and accessible digital, multi-media, alternate format (e.g., high-quality audio files, electronic braille, and other E-text tools and resources), and print resources;

(d) ensure that students, teachers, administrators, and paraprofessionals have access to an organized collection of digital, multi-media, alternate format (e.g., high-quality audio files, electronic braille, and other E-text tools and resources), and print materials sufficient and appropriate to support all students in meeting or exceeding the current state and national standards at no cost to the student;

(e) provide students access to the library on a regular basis to use materials for reading, research, and for instruction in the skills needed to select and use information effectively;

(f) provide access to and instruction on how to use a variety of up-to-date information and assistive and other technology to support students in meeting or exceeding the standards learning;

(g) provide broadband internet service for students and educators to access educational resources;

(h) adopt and implement written policies on electronic resources, acceptable internet usage, and procedures for handling complaints from both staff and students;

(i) support a schedule that provides opportunities for a library media specialist to collaborate with teachers as they integrate information research skills into their curriculum;

(j) ensure that students are afforded the opportunity to learn the skills to locate, evaluate, synthesize, and to present information and ideas within content areas using technology integration; and

(k) ensure English Language Learners (ELL) receive assistance to which they are entitled by providing language interpreters, services, and technology that allow them to participate equitably in all instructional and co-curricular programs.

2123 STATE AND LOCAL COMPREHENSIVE ASSESSMENT SYSTEM

2123.1. Participation in the State Comprehensive Assessment System.

Each school district shall administer assessments of student performance using methods developed by the State Board under 16 V.S.A. § 164(9). Students who are unable to participate in district or state assessments shall be given an alternate assessment in accordance with law. Each school shall account for 100 percent of its students regarding their participation in the state assessments.

2123.2. Development and Implementation of Local Comprehensive Assessment System.

Each supervisory union or supervisory district shall develop, and each school shall implement, a local comprehensive assessment system that:

(a) assesses student performance in meeting the standards approved by the State Board;

(b) employs a balance of assessment types, including but not limited to teacher-or student-designed assessments, portfolios, performances, exhibitions, projects, and surveys or other tools to measure the social-emotional health of students;

(c) includes both formative and summative assessments, including those that establish annual protocols and timelines for assessing the progress and needs of English Language Learners (ELL) beginning at the point of enrollment and continuing at designated intervals during the year as determined by the teachers and parents or legal guardians of English Language Learners (ELL) or as mandated in law or policy;

(d) enables decisions to be made about student progression and graduation, including measuring proficiency-based learning, the social-emotional well-being of students, the existence and severity of opportunity and achievement gaps or deficiencies, and the state of progress on local, state, and national directives intended to advance social and academic equity initiatives;

(e) informs the development of personalized learning plans and supports made available to students;

(f) provides data that informs decisions regarding instruction, professional learning, and educational resources and curriculum; and

(g) reflects strategies and goals outlined in the district's Continuous Improvement Plan.

The performance criteria of the assessment system shall be clear and communicated to teachers, administrators, students and their parents or legal guardians, and other community members in their home language(s) and in an accessible format. Students and parents shall be informed at least annually regarding progress toward achieving the standards referenced in (a) - (g) above. This communication shall accommodate linguistic diversity and provide information in students' home languages and in accessible formats.

2124 REPORTING OF RESULTS

2124.1. Minimum Reporting Requirements.

Each supervisory union or supervisory district shall report student and system performance results, on a school- by-school basis, to the community at least annually in formats selected by the school district board. At minimum, the report shall include indicators provided by the Agency, those identified in 16 V.S.A. § 165(a)(2), and other locally determined indicators, including, but not limited to, indicators that describe students':

(a) academic performance using data from the most recent state and local assessments and other information related to student academic performance that describes student progress toward meeting academic standards;

(b) graduation, withdrawal, retention, and school attendance rates;

(c) enrollment in and completion of flexible pathways, including career technical education, virtual learning, work-based learning, service learning and internships, community research and civic and community engagement, dual enrollment, and early college;

(d) social and emotional well-being;

(e) discipline, including suspensions and detention actions;

(f) incidents of harassment, hazing, and bullying as required in 16 V.S.A. § 164(17);

(g) referrals to and participation in programs for students with disabilities, including Section 504 and special education as defined by federal and state law; and

(h) participation in school programs, including enrollment in and successful completion of flexible pathways, career training opportunities, advanced placement courses, and extracurricular activities.

2124.2. Requirements for Disaggregating Student-level Data.

Student level indicators shall be disaggregated, at a minimum, by school and according to student subgroups, including students identified:

(a) as economically disadvantaged;

(b) from major racial and ethnic groups, as defined by the US Census Bureau;

(c) as having a disability, inclusive of students with Section 504 plans and students with individualized education programs, separately and in total;

(d) with limited English proficiency, including immigrant children and youth; and

(e) as publicly-funded students who attend an approved independent school, as made available by the Secretary.

Student subgroups should be defined consistent with federal and state statutes and regulations and Agency policy. In no case shall a supervisory union or school district reveal personally identifiable information about an individual student or violate the state's minimum group size for reporting.

The performance criteria for the student and system-level reports described in this subsection shall be clear and communicated to administrators, educators, and other building staff.

Each supervisory union or supervisory district shall establish a secure student data system that enables regular access by teachers and administrators. Teachers shall have access to academic performance data on individual students whom they teach and aggregate data on school and supervisory union or supervisory district performance results. Administrators shall have access to individual student data, and on student and system performance results, to the extent permitted under state and federal law.

2125 CONTINUOUS IMPROVEMENT PLAN

Each supervisory union or supervisory district shall develop and implement a Continuous Improvement Plan for each school as described by 16 V.S.A. § 165. If the supervisory union or supervisory district comprises more than one school building, a combined plan for some or all of the buildings may be developed provided that the Plan reflects the different needs of individual schools. The Plan shall be designed to improve student learning and maintain a safe, orderly, and civil learning environment that is equitable, anti-racist, culturally responsive, anti- discriminatory, inclusive, and free from harassment, hazing, and bullying. The Plan should serve as the overall strategic plan for the supervisory union or supervisory district and incorporate reporting, planning, and implementation requirements of federal and state law, and any other regulatory requirement, including those that are local.

The Plan shall be developed by involving a culturally and socially diverse group comprised of school board members, students, teachers, administrators, families, and other community members. The Plan shall be reviewed at least annually for effectiveness toward meeting the stated goals and shall be revised as necessary.

The Plan shall include indicators provided by the Agency, including those identified in 16 V.S.A. § 165(a) and indicators reported pursuant to Section 2124 (Reporting of Results), as well as any additional indicators determined locally. The Plan shall include student-level indicators aggregated for the supervisory union or supervisory district and disaggregated according to school and student subgroups as identified by Section 2124. In no case shall personally identifiable information of an individual student be revealed or the state's minimum group size for reporting be violated.

The Plan shall also report on and consider findings from the supervisory union or supervisory district's self- evaluation, if applicable, conducted in accordance with Rule Series 100: District Quality Standards, and at a minimum contain:

(a) goals and objectives for improved student learning;

(b) educational strategies and activities specifically designed to achieve these goals, including professional learning of administrative and instructional staff;

(c) strategies and support systems to ensure the school maintains a learning and social environment that is safe, orderly, civil, and positive, and equitable, anti-racist, culturally responsive, anti-discriminatory, inclusive, and free from harassment, hazing and bullying; and

(d) required technical assistance from the Agency, as appropriate or determined by law.

The supervisory union or supervisory district board shall approve the Plan annually.

2126 SYSTEM FOR DETERMINING COMPLIANCE WITH EDUCATION QUALITY STANDARDS

2126.1. Filing of Continuous Improvement Plan.

Pursuant to 16 V.S.A. § 165(a)(1), each supervisory union or supervisory district is required to annually file a copy of its school or schools' Continuous Improvement Plan for the current school year with the Agency, as well as the following:

(a) its responses to written public feedback and complaints, pursuant to Subsection 2121.1 (School Leadership),

(b) a list of the indicators required by the Agency or these rules, and any additional indicators used by the school for reflection and creation of the school's Continuous Improvement Plan,

(c) a description of the accomplishments, progress, and changes regarding goals and strategies from the previous year's Continuous Improvement Plan, and

(d) other evidence of meeting Education Quality Standards.

2126.2. Review, Secretary's Recommendations, and State Board Action.

Pursuant to 16 V.S.A. § 165(b), at least annually, the Secretary shall determine whether students in each Vermont public school and independent school designated as meeting education quality standards are provided educational opportunities that are substantially equal in quality and that are equitable, anti-racist, culturally responsive, anti-discriminatory, and inclusive.

The review will be based on the requirements of this rule and consideration may include, but is not limited to:

(a) information contained in Continuous Improvement Plans submitted by supervisory unions or supervisory districts on behalf of their schools, including data reported to the Agency as required by Section 2124 (Reporting of Results);

(b) other information necessary to meet state and federal accountability standards and requirements; and

(c) written feedback and complaints that are submitted to the supervisory union or supervisory district that relate to whether a school meets the Education Quality Standards pursuant to Subsections 2121.1 1 (School Leadership) and 2126.1 (Filing of Continuous Improvement Plan) and subsequent responses.

If the Secretary determines that a school is not meeting the requirements of this rule or that the school is making insufficient progress in improving student performance pursuant to 16 V.S.A. § 164(9), the Agency shall describe in writing any actions the school must take to ensure the school meets Education Quality Standards and must provide technical assistance to the supervisory union, supervisory district, and/or school, as needed. If the school fails to meet the standards set forth in this rule or to make sufficient progress toward improving student performance pursuant to 16 V.S.A. § 164(9), the Secretary shall recommend to the State Board one or more of the actions identified by 16 V.S.A. § 165(b) (1-5).

16 V.S.A. § 165(f) regulates the process for an independent school to be designated as meeting Education Quality Standards, as well as the provision of technical assistance if the State Board finds it is not meeting the standards or is failing to make progress toward meeting the standards.

2127 VARIANCE AND WAIVER

Upon written request of a school district board and after opportunity for hearing, the State Board may approve an alternative method for meeting the requirements of these rules when:

(a) the alternative method is consistent with the intent of the rule;

(b) the variance permits the school board to carry out locally established objectives; and

(c) granting the variance does not contravene any state or federal law, any federal regulation, or any rule of any state agency other than the State Board, unless such rules themselves permit the granting of a waiver or variance.

Upon request of a school board, the Secretary may waive class and caseload size requirements where:

(a) necessary to carry out locally established objectives;

(b) student learning will not be adversely affected;

(d) it is otherwise in the best interests of student learning.

Unless exceptional circumstances are present, the Secretary shall respond to such requests within ten days.

If any of these rules are in conflict with a provision in an existing collective bargaining agreement, the local board must provide an explanation to the Secretary to that effect and, if appropriate, a plan to address the conflict.

2128 IMPLEMENTATION AND SUPPORT

Implementation and support will be provided by the Agency.

2120

EFFECTIVE DATE

These amendments shall take effect on July 1, 2025.

History

EFFECTIVE DATE:
September, 1984
AMENDED:
March 17, 1987; March 20, 1990; January 2, 1991; June 5, 1991; August 5, 1994 Secretary of State Rule Log #94-59; August 15, 1995 Secretary of State Rule Log #94-60; May 9, 1997 Secretary of State Rule Log #97-14; January 6, 1999 Secretary of State Rule Log #98-82; September 1, 2000 Secretary of State Rule Log #00-47; January 25, 2006 Secretary of State Rule Log #06-002; August 24, 2006 Secretary of State Rule Log #06-023 [2120.8.7; 2194; 2195]; June 10, 2010 Secretary of State Rule Log #10-011 [2120.8.7; 2194; 2195]; April 15, 2014 Secretary of State Rule Log #14-009; 7/1/2024 Secretary of State Rule Log #24-024
STATUTORY AUTHORITY: 16 V.S.A. §§ 164 and 165

Chapter 004 INDEPENDENT SCHOOL PROGRAM APPROVAL (2200)

22-004 Code Vt. R. 22-000-004-X INDEPENDENT SCHOOL PROGRAM APPROVAL (2200)

Section 2200 Independent School Program Approval.

Section 2220 Statement of Purpose.

The purpose of the independent school program approval rules is to assure effective, accessible, and equitable educational opportunities that are anti-racist, culturally responsive, anti-discriminatory, and inclusive for students enrolled in Vermont's approved independent schools in accordance with state and federal law and aligned with the purposes set forth in Act 173 of 2018 and Act 1 of 2019.

These rules are organized to provide clarity to independent schools regarding requirements for initial and continued approval to operate and, if applicable, to receive public funds. Accrediting agencies that satisfy the standards set forth herein in Section 2227 (Recognized Accrediting Agencies) will be recognized and the schools they accredit will enjoy an accelerated approval process. Ongoing compliance with state and federal laws and regulations is expected through an annual compliance assurance.

These rules prohibit, to the fullest extent allowed by law, discrimination against any student pursuing an education or participating in the general life or activities of a school because of or based on any actual or perceived protected class consistent with state and federal law. No student shall be unlawfully excluded from participation in, be denied the benefits of, or be subject to discrimination under any educational program or activity as the result of, or based upon, the student's race, gender, color, creed, religion, national origin, marital status, sexual orientation, gender identity, or disability, or any other reason set forth in state or federal law.

In addition to the non-discriminatory protections in Subsection 2223.2 (Nondiscrimination Requirements for Approved Schools), discriminating against any student pursuing an education or participating in the general life or activities of a school as a result of or based upon ethnicity, caste, language and linguistic diversity, socio- economic status, housing status, or non-citizenship or immigration status, is contrary to the Board's intent that all students experience an equitable, anti-racist, culturally responsive, anti-discriminatory, and inclusive learning environment.

These rules further require all schools to strive for a culturally responsive pedagogy that critically examines and imparts a comprehensive historical and socially conscious understanding of:

(a) the causes and effects of bias and discrimination as a result of, or based upon, the reasons set forth in Subsection 2223.2 (Nondiscrimination Requirements for Approved Schools) and in this Statement of Purpose;

(b) why all persons should have equitable access to social and economic opportunity;

(c) why persons and institutions must identify and prevent individual, group, and systemic racism, discrimination, and other forms of unfair treatment; and

Nothing herein shall be construed to entitle any student to educational programs or services identical to those received by other students in the same or different schools. These rules are in addition to and, unless otherwise specifically stated, do not supersede other rules adopted by the Agency or Board. Nothing herein shall create a private right of action.

Section 2221 Statutory Authority.

16 V.S.A. §§ 164(14), 166, 2958(e), 2959, and 2973; Act No. 173 (2018); Act No. 1 (2019).

Section 2222 Definitions.

"Agency" means the Vermont Agency of Education.

"Anti-discriminatory" practices are actions, behaviors, programs, and policies by school staff, students, school directors, contractors, and community members involved in the daily operations of schools that are necessary to counter discrimination and that promote a fair, just, and equitable learning environment for all students.

"Anti-racist" practices are actions, behaviors, programs, and policies designed and/or implemented by school staff, students, school directors, contractors, and community members involved in the daily operations of schools that are necessary to counter racism and that promote a racially inclusive learning environment for all students.

"Approved Independent School" means any approved independent school that meets the requirements of Sections 2223 (Requirements to Operate as an Approved Independent School) and 2224 (Application and Reapplication for Approval; Approval Process) of these rules. An approved independent school is not eligible for public tuition unless it meets the requirements of Sections 2229 (Approval to Receive Public Tuition; Special Education Approval) and 2231 (Written Agreements Required).

"Board" or "State Board" or "SBE" means the Vermont State Board of Education.

"Civic and Community Engagement" refers to individual and/or collective actions that identify and address issues of public importance and that provide people with opportunities that contribute to the current and future development of their communities and a democratic society. Civic and community engagement can take place in a variety of formal and informal settings, including but not limited to, those in governance and electoral politics, educational, cultural, and recreational activities, community service, and social justice movements.

"Culturally and Linguistically Diverse Students" are those who are members of home, cultural, or social environments whose experience and success is enhanced by schools demonstrating respect for a multitude of linguistic competencies and fostering systems of academic and social inclusion that acknowledge the fundamental importance of such competencies. Linguistic competencies are cultural and linguistic resources that students, families, and communities draw upon, including, but not limited to, a variety of languages, including Indigenous languages, multiple-sign languages, and African American Vernacular English and other dialects.

"Inclusion" or "Inclusive" practices, as used in this rule, are school-based curricula, programs, activities, resources, and policies that ensure that academic learning, co-curricular and social offerings, and all other aspects of school life are based on the values of equality, equity, social and cultural diversity, freedom, and dignity, so that all students are valued as unique individuals and can achieve their full academic and social potential.

"Independent School Approved for Public Tuition" means an independent school that meets the requirements in Sections 2223 (Requirements to Operate as an Approved Independent School) and 2224 (Application and Reapplication for Approval; Approval Process), as well as the requirements in Sections 2229 (Approval to Receive Public Tuition; Special Education Approval) and 2231 (Written Agreements Required).

"Individualized Education Program" or "IEP" means a written statement for a student with a disability that is developed, reviewed, and revised in accordance with Section 2363.

"Local Education Agency" or "LEA," as that term is defined in 20 U.S.C. § 7801(26), means the supervisory union or supervisory district.

"Racism" embodies the theory, belief, or act of making value judgements that are based on racial, ethnic, or cultural differences, or which advances the claim that racial, ethnic, or cultural groups are inherently superior or inferior, thus explicitly arguing or implying that some groups are entitled to dominate, exploit, exclude, or eliminate others presumed to be inferior. Racism is practiced by individuals and groups, and it is expressed systematically through the structures, laws, regulations, practices, and policies of public and private institutions, employers, and organizations.

"Recognized Independent School" means an independent school that meets the requirements in 16 V.S.A. § 166(c). A recognized independent school is not eligible to receive public tuition.

"Restorative Practices" refer to whole-school, relational approaches to building school climate and addressing student behavior that fosters belonging over exclusion, social engagement over control, and meaningful accountability over punishment. They encourage members of the school community to be constantly present, attending to needs as they arise. They exercise the ability to be dynamic rather than static in a given response. Restorative approaches also begin with proactive structures to build positive relationships and communication and create a space for people to express themselves--their strengths, assets, responsibilities, and also their vulnerabilities. Neither restorative approaches, practices, processes, nor programs shall remove or lessen to any degree a school's responsibility under Vermont law and policy to investigate, call out, name, and discipline behaviors that violate the Agency's "Policy on the Prevention of harassment, Hazing, and Bullying" (HHB) and Federal Title IX.

"Secretary" means the Secretary of Education or their designee.

"Special Education Fees" means funds paid by a school district or supervisory union to an approved independent school for special education services beyond those covered by general education tuition, as defined in 16 V.S.A.§ 2973(b)(2)(B).

"Special Education Services" means specially designated instruction at no cost to the parent, to meet the unique needs of an eligible student with a disability, including instruction conducted in the classroom, in the home, in hospitals and institutions and other settings, and instruction in physical education.

"Specially Designed Instruction" means adapting, as appropriate to the needs of an eligible student, the content, methodology, or delivery of instruction to address the unique needs of the student that result from the student's disability to ensure access by the student to the general curriculum so that the student can meet the educational standards within the state that apply to all children. This definition is intended to be consistent with the term "Special Education Services" as used in Subsection 2360.2.12.

"Student who Requires Additional Support" means a student who meets the criteria defined in 16 V.S.A. § 2942(8).

"Therapeutic Approved Independent School" or "Therapeutic Independent School" or "Therapeutic School" means an approved independent school that limits enrollment to students who are on an individualized education program or plan under Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794, and who are enrolled pursuant to a written agreement between an LEA and the school. These schools are eligible to receive public tuition, which is inclusive of both general and special education services, at a rate approved by the Agency of Education.

"Tuition" means funds paid by a school district to an approved independent school for general education in accordance with Section 2228.

Section 2223 Requirements to Operate as an Approved Independent School..

Every person or entity desiring to operate an elementary or secondary school as an approved independent school shall apply in writing to the Secretary and meet the requirements of law and Sections 2223 (Requirements to Operate as an Approved Independent School) and 2224 (Application and Reapplication for Approval; Approval Process) of these rules. Approved independent schools shall be permitted to operate, in accordance with these rules, for a term of five years or less, as set by the Board, and may submit a new application for approval (reapproval) prior to the expiration of each term. The Board may revoke, suspend, or impose conditions upon an approved independent school according to process set forth in these rules. An approved independent school is not eligible to receive public tuition unless it also meets the requirements of Section 2229 (Approval to Receive Public Tuition; Special Education Approval) and Section 2231 (Written Agreements Required).

Section 2223.1 General Requirements for Approved Schools.

All approved independent schools must comply with statutory requirements and the Board's rules for approved independent schools and must provide a minimum course of study pursuant to 16 V.S.A. § 906. An approved independent school must have the resources required to meet its stated objectives, including financial capacity, faculty who are qualified by training and experience in the areas in which they are assigned, and physical facilities and special services that are in accordance with state and federal laws and regulation.

Section 2223.2 Nondiscrimination Requirement for Approved Independent Schools.

No student shall be unlawfully excluded from participation in, be denied the benefits of, or be subject to discrimination under any educational program or activity as the result of, or based upon, the student's race, gender, color, creed, religion, national origin, marital status, sexual orientation, gender identity, or disability, or any other reason set forth in state or federal law.

Section 2223.2.1 Nondiscrimination Statement and Policy.

(a) Statement. Each approved independent school shall, to the fullest extent consistent with its constitutional and statutory rights, maintain a statement of nondiscrimination that complies with the Vermont Public Accommodations Act, Title 9 Vermont Statutes Annotated, Chapter 139, and the Vermont Fair Employment Practices Act, Title 21 Vermont Statutes Annotated, Chapter 5, Subchapter 6. The school shall abide by its nondiscrimination statement in all aspects of its recruitment, enrollment, operation, and employment activities.

(b) Policy. Each approved independent school shall maintain, follow, and distribute to students and families of enrolled or prospective students, or the student's education support team, policies that implement the school's nondiscrimination statement.

Section 2223.3 Specific Requirements for Approved Independent Schools.

Each approved independent school shall maintain a safe, accessible, orderly, civil, flexible, and positive learning environment, free from harassment, hazing, and bullying. Educational opportunities shall, consistent with state and federal law, be provided in an equitable, anti-racist, culturally responsive, anti-discriminatory, and inclusive manner, based on sound instructional and classroom management practices and clear discipline and attendance policies that are consistently and effectively enforced.

Section 2223.3.1 Physical Facilities.

Each approved independent school must ensure that its physical facilities, including plant, materials, and equipment, meet all applicable state and federal requirements pertaining to the health, safety, and privacy of students.

(a) Each residential school must arrange, on an annual basis, a fire safety inspection performed by the Department of Public Safety or its designee. A certificate executed by the inspecting entity, declaring satisfactory completion of the inspection and identifying the date by which a new inspection must occur, shall be posted at the school in a public location. The school shall provide a copy of the certificate to the Secretary of Education after each annual inspection. The school shall pay the actual cost of the inspection unless waived or reduced by the inspecting entity.

(b) Each approved independent school must have classroom, laboratory, library, and other facilities necessary to operate its program.

Section 2223.3.2 Financial Capacity, Solvency, and Stability.

An approved independent school must maintain the financial capacity to meet its stated objective during the period of its approved status and must adhere to all applicable financial reporting requirements. For purposes of these rules, "financial capacity" means that anticipated revenue and funds on hand are sufficient to meet a school's stated objectives.

(a) Each approved independent school must file federal and state tax returns when due, unless an extension is granted; meet payroll and state and federal payroll tax obligations as they are due; maintain required retirement contributions; ensure that designated funds are not used for non-designated purposes; fully comply with the financial terms of its secured installment debt obligations; and not become insolvent as defined by 9 V.S.A. § 2286(a).

(b) An approved independent school shall report to the Secretary within five days after its knowledge of any of the following events, unless the failure is de minimus:

the school's failure to file its federal or state tax returns when due, taking into account permissible extensions of time;
the school's failure to meet its payroll obligations as they are due or pay federal or state payroll tax obligations when due;
the school's failure to maintain required retirement contributions;
the school's use of designated funds for non-designated purposes;
the school's inability to fully comply with the financial terms of its secured installment debt obligations over a period of two consecutive months, including the school's failure to make interest or principal payments as they are due or to maintain any required financial ratios;
the withdrawal or conditioning of the school's accreditation on financial grounds by a private, state, or regional agency recognized by the Board for accrediting purposes; or
the school's insolvency as defined in 9 V.S.A. § 2286(a).

Section 2223.3.3 Instruction, Faculty, and Special Services.

To demonstrate that it provides a minimum course of study as defined by 16 V.S.A. § 906, an approved independent school must maintain a written description of its curriculum, methods of instruction, evaluation procedures, and the special services that it has designed to achieve its educational objectives.

(a) Professional Staff.

The school must employ a sufficient number of professional staff for the population served who are qualified by training and experience in the areas in which they are assigned as measured by the following:

A. for teachers, a minimum of a bachelor's degree in their field of instruction or substantially equivalent time in training and experience in their field of instruction; and

B. for all professional staff, relevant experience and/or training in other programs which may or may not be directly related to teaching or the administrative duties to which they are assigned.

The school must have an adequate program of continuing professional staff development, including needs-based professional learning. The school shall keep a general description of its staff meetings, develop and maintain expectations for professional growth of staff, and maintain information describing the school's in-service training, financial, and any other support provided to staff for professional development.
The school shall maintain job descriptions for every position that describe training, experience, and degrees required for the position. The school shall also maintain records that include a resume, vita, or description of appropriate qualification for each current staff member, along with their current assignment, length of service, and a description of any duties not related to teaching or administration.

(b) Instructional Strategies. Practices employed by educators shall include examining and teaching a subject from multiple academic perspectives and encouraging students to engage with and synthesize diverse perspectives and narratives, including those from the students' lived experiences, into a coherent understanding or analysis. Educators shall be supported in:

examining their own identities and biases;

fostering a learning environment that recognizes multiple ethnic, cultural, and racial perspectives; presents and critiques historical counter-narratives; and encourages students to examine issues and expressions of social equity within and beyond the classroom or school;

modeling and setting high expectations for all students - regardless of a student's prior academic experience, family background, socio-economic status or (dis)abilities - and promoting respect for student differences;
recognizing the essential role that language acquisition and literacy play in the lives of students, especially culturally and linguistically diverse students, not only in respect to listening, speaking, reading, and/or writing, but as home and community practices that shape a culturally responsive understanding of students' social, racial, linguistic, and ethnic identities, of their communities, and of their world;

communicating in culturally and linguistically responsive ways;

providing learning experiences that are designed for neurodiversity with multiple ways for students to access learning;
using educational and assistive technology to reduce barriers to learning and heighten student engagement;
cultivating student agency by providing multiple ways for students to engage with and demonstrate their new learning;
emphasizing an inquiry-driven approach to all units of study and bringing real-world issues into the classroom;
heightening the relevance and importance of learning objectives and providing mastery-oriented feedback;

employing the use of data to adapt pedagogy to unique student needs and incorporating student feedback into instructional design and curricula;

teaching students how to develop metacognitive and social emotional skills that improve their academic outcomes;
designing learning experiences that improve students' wellbeing, including opportunities for physical movement in the classroom; and
fostering a positive classroom culture using restorative practices where appropriate.

All approved independent schools shall enable students to engage annually in rigorous, relevant, and comprehensive learning opportunities that are socially and culturally responsive and that allow them to demonstrate proficiency in the curriculum delivered. The course of study offered shall be age and ability appropriate and adequate to meet the educational purposes of the school.
Knowledge of diverse cultures, languages, and perspectives shall be incorporated into learning activities and curriculum design, including connecting students' life experiences and ways of learning, to help students access rigorous curriculum and develop higher order thinking skills. Curriculum shall be equitable, anti-racist, culturally responsive, anti- discriminatory, inclusive, and accessible to students and families and shall include ethnic and social equity studies, as described in Act 1 (2019), which promotes critical thinking regarding the history, contribution, and perspectives of ethnic groups and social groups.

(d) Special Services. Approved independent schools shall maintain special services necessary to meet the requirements of a minimum course of study and their educational purposes, including library services, administrative services, guidance and counseling services, and a system of records by which student progress may be assessed. All students shall have access to education materials, which may include digital, multi-media, alternate format and/or print materials sufficient and appropriate to support their learning needs.

Section 2223.3.4 Maintaining Safe and Equitable Access to Educational Opportunities.

Approved independent schools are expected to provide for the safety, protection, and equitable treatment of students and school personnel in accordance with state and federal laws. School governance boards and leadership teams shall make every effort to remain current in their understanding and implementation of recognized best practices and procedures in this regard and shall also take care to remain compliant with laws adopted after the promulgation of these rules. At a minimum, each approved independent school shall develop and maintain the following:

(a) a comprehensive plan for responding to student discipline and misbehavior, as required by 16 V.S.A. § 1161a, that is clear and consistently enforced and includes consequences for violations of policy;

(b) harassment, hazing, and bullying prevention policies pursuant to 16 V.S.A. § 166(e) and procedures for dealing with harassment, hazing, and bullying of students pursuant to Chapter 9, Subchapter 5 of Title 16 of the Vermont Statutes Annotated;

(c) practices that comply with the requirements of 16 V.S.A. §§ 253 - 255 relating to confidentiality and maintenance of records, criminal record checks, and checks of the Child Protection Registry and the Vulnerable Adult Abuse, Neglect, and Exploitation Registry;

(d) procedures that do not permit any person listed on the State of Vermont, Department of Public Safety, Vermont Crime Information Center Sex Offender Registry to work at the school as an employee, volunteer, or work study student pursuant to 16 V.S.A § 260;

(e) practices that ensure that adults employed in the school receive orientation, information, and instruction on the prevention, identification, and reporting of child sexual abuse (as defined in 33 V.S.A. § 4912(8)) and sexual violence, and that also offer opportunities for parents, guardians, and other interested persons to receive the same information as required by 16 V.S.A. § 563(a);

(f) opportunities that provide access for eligible students to participate in dual enrollment pursuant to 16 V.S.A. § 944, including accepting credit duly awarded, collecting enrollment data, and providing support to participating students during the program and as they transition to postsecondary enrollment;

(g) a procedure for providing the names and addresses of publicly funded students enrolled at the approved school to the school's regional career technical education (CTE) center and complying with any other requirement in Title 16 or Rule 2370, et. seq. related to career technical education;

(h) an enrollment policy designed to serve children with disabilities;

(i) a concussion management action plan and information that is developed, distributed, and acknowledged by required personnel and includes appropriate training for athletic coaches in recognizing and managing the risks of concussions and other head injuries in accordance with 16 V.S.A. § 1431;

(j) practices that ensure compliance with requirements of 18 V.S.A. § 1120, et seq. regarding the immunization of students against disease;

(k) a policy pursuant to 16 V.S.A. § 912 regarding a student's right to be excused any lesson, exercise, or assessment requiring the student to participate in or observe the dissection or harm of an animal;

(l) procedures to ensure that students have access to menstrual products at no cost pursuant to 16 V.S.A. § 1432;

(m) practices that ensure compliance with supporting and protecting the rights of married, pregnant, or parenting students pursuant to 16 V.S.A. § 1073;

(n) practices that permit students with life-threatening allergies or with asthma to possess and self-administer emergency medication in accordance with 16 V.S.A. § 1387;

(o) an all-hazards emergency operations plan consistent with 16 V.S.A. § 1480;

(p) fire and emergency preparedness drills pursuant to 16 V.S.A. § 1481;

(q) a written building access control and visitor management policy consistent with 16 V.S.A. § 1484;

(r) practices that promote an equitable, just, and inclusive community of adults and students, foster a culture of learning, and inspire students to respect and value diversity in its many forms;

(s) after July 1, 2025, behavioral threat assessment policies, procedures, and reporting mechanisms consistent with 16 V.S.A. § 1485; and

(t) practices to remain aware of and compliant with any rule or regulation related to the safety, protection, and equitable treatment of students and school personnel.

Section 2223.3.5 Other Required Activities.

In addition to activities outlined in Subsection 2223.3.4 (Maintaining Safe and Equitable Access to Educational Opportunities), each approved independent school shall perform the duties listed in (a) - (k) below.

For the purposes of subdivision (j) of this Subsection 2223.3.5 (Other Required Activities), a transcript is a formal record certifying and documenting a student's or former student's academic achievement and shall include, at a minimum, the student's name, date of birth, last known address, dates of attendance, courses taken, grades or proficiencies achieved, credits or credentials awarded, and standardized test scores, if applicable. An academic record includes a student's transcript and may also include alternate graduation plans, an Individualized Education Program, a 504 Plan, personalized learning plan, rank in class, awards, activities, clubs, and other information not included in a student's transcript. The academic record shall not include documents, notes, records, or descriptions of a student's disciplinary history. Academic records are not the same as education records, as referenced in FERPA.

(a) provide to the parent or guardian responsible for each of its students, prior to accepting any money for a student, an accurate statement in writing of its status under 16 V.S.A. § 166(b). Failure to comply with this provision may create a permissible inference of false advertising in violation of 13 V.S.A. § 2005;

(b) maintain a register of the daily attendance of each of its enrolled students;

(c) provide to the Secretary on October 1 of each year the names, genders, dates of birth, and addresses of its enrolled students. Within seven days of the termination of a student's enrollment, the approved school shall notify the Secretary of the name and address of the student. The Secretary shall notify the appropriate school officials as provided in 16 V.S.A. § 1126;

(d) maintain an operating schedule that includes a total number of instructional hours each year that is not less than that required of a public school serving the same grades;

(e) comply with legal requirements of 16 VSA § 16 VSA § 568 concerning nondiscriminatory school branding;

(f) measure attainment of standards for student performance for publicly funded students, as required by 16 V.S.A. § 164(9), and provide data related to the assessments to the Secretary as required by 16 V.S.A. § 166(g); schools are encouraged to also provide the data to local education agencies;

(g) provide information to sending school districts related to reporting on weighting categories, as requested, pursuant to 16 V.S.A. § 4010(c);

(h) comply with 16 V.S.A. § 12 requiring select school officials to subscribe to an oath or affirmation to support the U.S. Constitution, Vermont Constitution, and all state and federal laws;

(i) conduct exercises commemorating the birth, life, and services of Abraham Lincoln, pursuant to 16 V.S.A. § 907;

(j) adopt policies related to record maintenance and retention that, at minimum,

provide for the secure collection, maintenance, disclosure, transfer, and destruction of academic records;
ensure that records are kept physically and electronically secure and enable accurate and timely reporting in connection with data collection requirements in alignment with the Agency's data collection efforts;
ensure the accuracy, relevancy and confidentiality of such records, and accessibility thereto, in compliance with the federal Family Educational Rights and Privacy Act (FERPA), if applicable;
permanently maintain transcripts of students who have graduated or withdrawn if the school operates grades nine through twelve;

provide a method by which the academic record of any former student is promptly and securely transferred to a subsequent school in which the student enrolls, upon request of the student or their legal guardian and without placing any condition on the release of such record; and

provide for the timely and confidential disposition of student records in the event of the school's closure; and

(k) comply with other applicable state and federal requirements pertaining to approved schools.

Section 2223.3.6 Independent Schools Operating a Boarding Program.

To be approved under these rules, an independent school that operates a boarding program, enrolls students as boarding students, or operates a residential treatment program shall be accredited by an agency recognized by the Board pursuant to Section 2227 (Recognized Accrediting Agencies) or shall be licensed as a residential childcare facility by the Department for Children and Families. This requirement does not apply to an independent school that enrolls only day students.

Section 2223.4 Annual Compliance Assurance.

(a) On or before February 15th of each year, each approved independent school shall assure that it continues to comply with applicable requirements of these rules and state and federal law.

(b) In consultation with the Board, the Agency shall prepare and make available a simplified electronic form to be used to meet the requirement of this section that shall be made available to all approved independent schools by direct email and posting on the Agency's website by no later than January 15th of each year and at least thirty days before the date it is due. The Agency shall confirm with each approved independent school that they have received notice of the annual compliance assurance requirement and the submission deadlines within thirty days of the due date.

(c) The form shall include the school's specific assurance that, to the full extent consistent with the school's statutory and constitutional rights, it meets the requirements of Subsection 2223.2

(Nondiscrimination Requirements for Approved Schools) and, for schools approved to receive public tuition, complies with Sections 2229 (Approval to Receive Public Tuition; Special Education Approval) and 2231 (Written Agreements Required).

(d) The form shall also require disclosure of any complaint alleging a violation of a nondiscrimination provision of law or these rules and the status of each complaint. The Agency, upon review, shall certify to the Board that either there were no complaints or that any pending complaint is under review by an appropriate authority. The Agency shall refer any outstanding complaints to the appropriate authority pursuant to Subsection 2226.2.1 (Complaints; Reports), below.

(e) In the event that there are circumstances that are unforeseen or beyond a school's control that prevent submission of the form by the announced due date, a school may request, and the Secretary may grant, approval to submit the form on an alternate date. The request must be submitted prior to the announced due date unless the Secretary finds that delivery of the form, pursuant to (b) above, was ineffective.

(f) If an approved independent school fails to submit its form by the date set by the Agency, the Secretary shall promptly contact the school by phone or first-class mail regarding its deficiency and notify the Board that the school is out of compliance with subsection (a) above. After providing an opportunity for a hearing, the Board may revoke, suspend, or impose conditions on the school's approval status, including its eligibility to receive public tuition, if it determines that the school has failed to comply with the requirements of this Subsection without a showing of good cause.

(g) By January 15, 2025, the Agency shall develop and publish the electronic forms required to comply with this Section. The Agency shall also deliver at least one online training and written guidance that shall be made available to approved independent schools to assist schools in complying with this requirement.

Section 2223.5 Confidential Information.

Information provided by a school under these rules that is not already in the public domain is exempt from public inspection and copying under the Public Records Act and shall be kept confidential according to 16 V.S.A. § 166(b)(8).

Section 2224 Application and Reapplication for Approval; Approval Process.

Approval shall be recommended for an independent school offering elementary or secondary education if it provides a minimum course of study pursuant to 16 V.S.A. § 906, substantially complies with all statutory requirements for approved independent schools and the Board's rules for approved independent schools, and fully complies with the nondiscrimination provisions of Section 2223.2 (Nondiscrimination Requirement for Approved Schools), Sections 2223.1 (General Requirements for Approved Schools), 2223.2.1 (Nondiscrimination Statement and Policy), and 2223.4 (Annual Compliance Assurance). A school meeting the requirements of Section 2223 (Requirements to Operate as an Approved Independent School) and this Section, but not Sections 2229 (Approval to Receive Public Tuition; Special Education Approval) and 2231 (Written Agreements Required), may be recommended for approval but may not receive public tuition.

Section 2224.1 Standard Application Process.

All independent schools that are not accredited by a recognized accrediting agency pursuant to Section 2227 (Recognized Accrediting Agencies) shall follow the standard application process set forth below.

Section 2224.1.1 Standard Application.

An independent school seeking approval under these rules shall apply to the Secretary using a form prepared by the Secretary to meet the requirements of this section. At a minimum, the application shall solicit the information containing or describing the school's basic information, mission statement, enrollment policy, curriculum, methods of instruction, evaluation procedures, special services provided, governance information, evidence of compliance with local, state, and federal laws and regulations, staffing and instructional strategies, fiscal practices and evidence of financial capacity, operational information, assurances and disclosures required under these rules, a request to receive public tuition, if applicable, and other information required under these rules that the Secretary, Board, or review committee may need to determine whether the school meets the requirements for approval. The school shall also submit a compliance assurance form described in Subsection 2223.4 (Annual Compliance Assurance).

Section 2224.1.2 Standard Application Review, Visit, Report, and Recommendation.

Upon receipt of a complete application, the Secretary shall appoint a review committee of at least two persons. The committee shall review the application materials and visit the school. To the extent possible, the visit shall be coordinated with other agencies of state government that inspect such facilities. The review committee shall examine the application materials and consider findings from its site visit and submit a report, including a written initial recommendation regarding approval, to the Secretary, and send a copy to the applicant school.

The applicant shall be given thirty days to respond before the Secretary makes a final recommendation regarding approval to the Board. The Secretary's final recommendation shall contain the findings of other agencies of state government that inspect such facilities.

Section 2224.2 Accredited Independent School Application Process.

In the case of an independent school seeking approval that has been accredited within the last five years by a recognized accrediting agency pursuant to Section 2227 (Recognized Accrediting Agency), an abbreviated application and review process described in this subsection may be used.

Section 2224.2.1 Accredited Independent School Application.

An independent school seeking approval under this subsection shall apply to the Secretary using a form prepared by the Secretary. The application shall require the school to provide evidence of accreditation from the recognized accrediting agency, basic information about the school, assurances of compliance with state specific requirements set forth in Subsections 2223.3.4 (Maintaining Safe and Equitable Access to Educational Opportunities) and 2223.3.5 (Other Required Activities) and state law, and a request to receive public tuition pursuant to Section 2229 (Approval to receive Public Tuition; Special Education Approval), if applicable. The school shall also submit a compliance assurance form described in Subsection 2223.4 (Annual Compliance Assurance).

Section 2224.2.2 Accredited Independent School Application Review, Report, and Recommendation.

Upon receipt of a complete application, the Agency shall review the application materials and submit a report, including a written initial recommendation regarding approval, to the applicant school. The applicant shall be given thirty days to respond before the Secretary makes a final recommendation regarding approval to the Board. A comprehensive review of programs and operations by a review committee, including a site visit, will not be required.

Section 2224.3 Review.

The Secretary shall confer with the Chair of the Board on a regular basis to ensure effective coordination and timely review of applications and reapplications for school approval to promote efficiency in scheduling and expediency in decision-making.

Section 2224.4 Board Approval.

The Board shall review each application for approval and consider the report and recommendation of the Secretary. The Board shall make findings listed in (a), (b), and (c) below, as applicable, prior to approval and may set additional conditions for approval in the exercise of its judgment.

(a) The Board shall make the following findings prior to approving any school that submitted a standard application:

the description of the school in the approval application is accurate;
the course of study offered is adequate to meet the educational purposes of the school and to provide a minimum course of study that is age and ability appropriate;
the school has available support services necessary to meet the requirements of a minimum course of study and its educational purposes, including library services, administrative services, guidance and counseling services, accessible digital, multi-media, and alternate format resources, and a system of records by which student progress may be assessed;
the school has classroom, laboratory, library, and other facilities necessary to operate its program;
the school employs professional staff who are qualified by training and experience in the areas in which they are assigned as measured by the following:

A. for teachers, a minimum of a bachelor's degree in their field of instruction or substantially equivalent time in training and experience in their field of instruction; and

B. for all professional staff, relevant experience and/or training which may or may not be directly related to teaching or the administrative duties to which they are assigned;

the school has an adequate program of continuing professional staff development as demonstrated in the application;
the school employs a sufficient number of professional staff for the population served;
the school substantially complies with all statutory requirements and the Board's rules for approved independent schools and fully complies with Sections 2223.1 (General Requirements for Approved Schools), 2223.2.1 (Nondiscrimination Statement and Policy), and 2223.4 (Annual Compliance Assurance), as well as all operations and requirements related to student safety, including those related to its facilities, fire drills, and the immunization of students against disease;
the school maintains a register of the daily attendance of each of its enrolled students;
the school maintains an operating schedule that includes a total number of instructional hours each year that is not less than that required of a public school serving the same grades;
the school has the financial capacity to carry out its stated objectives for the period of approval as evidenced by one of the following:

(A) an audit letter by a certified accounting firm from the present or prior fiscal year describing the school's financial capacity;

(B) a notarized letter summarizing the financial status of the present or prior fiscal year signed by the board of directors or governing body of the school;

(D) a statement of the school's financial capacity submitted by a private, state, or regional agency recognized by the Board for accrediting purposes concerning the school's financial capacity;

the school complies with the requirements of 16 V.S.A. § 255, et seq. relating to criminal record checks and checks of the Child Protection Registry and the Vulnerable Adult Abuse, Neglect, and Exploitation Registry;
the school complies with legal requirements concerning nondiscriminatory school branding;
the school has adopted a policy on record maintenance and retention that meets the requirements of these rules;
the school promotes an equitable, just, and inclusive community of adults and students, fosters a culture of learning, and inspires students to respect and value diversity in its many forms;
the school, with its application, has assured its compliance with Vermont-specific laws and regulations by submitting a compliance assurance form pursuant to Subsection 2223.4. (Annual Compliance Assurance); and
if the school seeks approval to receive public tuition and provide special education pursuant to Section 2229 (Approval to Receive Public Tuition; Special Education Approval), the school complies fully with the requirements of Sections 2229 and 2231 (Written Agreements Required), including a specific finding that the school's description of its enrollment policy sufficiently states and describes how it is designed to serve children with disabilities.

(b) The Board shall make the following findings prior to approving any school that submitted an accredited independent school application:

the school is accredited and deemed in good standing by a recognized accrediting agency under Section 2227 (Recognized Accrediting Agencies) within the last five years;
the application and materials submitted sufficiently demonstrate that the school provides a minimum course of study pursuant to 16 V.S.A. § 906;
the school, with its application, has assured its compliance with Vermont-specific laws and regulations, including nondiscrimination provisions of these rules, by submitting a compliance assurance form pursuant to Subsection 2223.4 (Annual Compliance Assurance); and
if the school seeks approval to receive public tuition and provide special education pursuant to Subsection 2229.6 (Approval to Receive Public Tuition; Special Education Approval), the school complies fully with the requirements of Sections 2229 and 2231 (Written Agreements Required), including a specific finding that the school's description of its enrollment policy sufficiently states and describes how it is designed to serve children with disabilities.

(c) Prior to approving a school's application to receive public tuition pursuant to Subsection 2229.6 (Approval to Receive Public Tuition; Special Education Approval), the Board shall consider the recommendation of the Secretary and find that the school meets all requirements necessary for approval under these rules and applicable sections of Title 16.

(d) The Agency shall maintain a public register of all recognized and approved independent schools and distinguish whether an approved independent school is currently eligible or ineligible to receive public tuition.

Section 2224.5 Continued Approval.

Approval of a school completing a timely application for further approval shall extend until the Board acts on further approval.

Section 2224.6 Continued Accreditation.

A school accredited by a recognized accrediting agency pursuant to Section 2227 (Recognized Accrediting Agencies) shall notify the Agency within five days of any change to its accreditation status.

Section 2224.7 Reapplication.

The Secretary shall notify each school of the date that its approval status will expire not less than six months prior to its expiration and shall provide the date by which its application for reapproval is due to the Secretary. Schools that wish to remain approved without interruption shall follow the Standard Application Process or Accredited School Application Process as it applies to them. The Secretary may extend the reapplication period for good cause. Upon receipt of a complete application for reapproval, the Agency shall conduct its review and issue its report, and the Secretary shall make their recommendation to the Board in a timely manner.

Section 2224.8 Interim Compliance Report from Accrediting Agency.

For any school accredited by a recognized accrediting agency under Section 2227 (Recognized Accrediting Agencies) seeking reapplication under Subsection 2224.7 (Reapplication) whose accreditation period exceeds the school's approval period, a supplemental interim report from the accrediting agency must be submitted during the last year of the school's approval by the Board and must provide information necessary to assure the Board that the school meets the approval standards. If such proof of compliance with approval standards cannot be shown, then the school must undergo the application process described in Subsection 2224.1.1 (Standard Application) in seeking continued approval.

Section 2225 Length of Approval.

The Board may grant initial approval for not more than two years and renewal of approval for not more than five years.

Section 2226 Termination; Procedures for Revoking or Suspending Approval.

2226.2.1. Complaints; Reports

(a) Complaints against an approved independent school must be made in writing to the Secretary. The complaint must contain enough detail to show that the school substantially failed to comply with the minimum course of study required, failed to maintain resources required to meet its stated objectives, or failed to comply with statutory requirements or the Board's rules for approved schools.

(b) Reports of drug or alcohol use shall be referred to the state's attorney for the county in which the school is located. Reports of child abuse or neglect shall be reported to the Department for Children and Families. Reports concerning the safety of facilities, water supply, electricity, plumbing, or waste disposal systems shall be referred to the appropriate agency. Complaints or reports alleging a violation of nondiscrimination laws shall be referred to the appropriate state or federal agency.

(c) For any complaint or report referred under this subsection, the Secretary shall request that the relevant agency submit a report of its findings and any actions resulting from the referral at the conclusion of the agency's investigation.

2226.2.2. Investigations; Due Process Hearing

(a) The Secretary shall conduct a prompt initial investigation of reports or complaints related to the requirements of this rule and laws that apply to approved independent schools, except for those first referred to other state agencies pursuant to Subsection 2226.2.1(b) (Complaints; Reports). Such investigations shall proceed as follows:

The school shall receive notification of the complaint and investigation unless contraindicated by the particular facts. If, following an initial investigation, the Secretary finds a violation of rules or laws that apply to approved schools, the Secretary should first determine whether the matter can be resolved through informal means, such as by provision of regulatory guidance, and confirm that corrective action is taken by the school.
If the Secretary determines that informal means are not appropriate to the violation or if the matter has not been resolved informally, the Secretary may place the approved school on probation and notify the Board of this action. An approved school may appeal the imposition of probation to the Board by requesting a hearing as provided in Subsection 2226.3 (Revocation or Suspension of Approval).
At any time, the Secretary may conduct a formal investigation without first attempting an informal resolution or imposing probation.
If the Secretary determines that a formal investigation is warranted, the Secretary shall appoint a review team of at least two persons that, with the consent of the school, shall include a member of the Council of Independent Schools. The team shall conduct a school visit and shall obtain from the school such information or documentation necessary to perform its assessment. The review team will inform the Secretary and the school of the results of its visit and assessment. The Secretary shall share the findings with the Council of Independent Schools. The Council shall consider the findings from the investigation and the Secretary's proposed resolution and issue a written opinion that shall include minority opinions, if applicable, on the same.

(b) If, after receiving the Council's opinion or a state or federal agency's report pursuant to Subsection 2226.2.1(b) (Complaints; Reports) above, the Secretary determines that revocation or suspension of approval is warranted pursuant to Subsection 2226.3 (Revocation or Suspension of Approval), the Secretary shall notify the Board of the recommendation and provide notice to the school. The Board shall hold a hearing pursuant to 3 V.S.A. Chapter 25 to consider the Secretary's recommendation.

(c) If the Secretary reasonably believes that an approved school lacks the financial capacity to meet its stated objectives during the period of its approved status, including by means of self-report of any of the financial events listed in Subsection 2223.3.2(b) (Financial Capacity, Solvency, and Stability), the Secretary shall so notify the school in writing and shall provide the school a reasonable opportunity to respond. If the Secretary does not find that the school has satisfactorily responded or demonstrated its financial capacity, a formal investigation may be initiated in accordance with (a) above, pursuant to 16 V.S.A. § 166(b)(8).

(d) The Secretary shall maintain a register of all complaints that result in imposition of probation or a formal investigation, which are or shall be made a public record consistent with the provisions of 1 VSA § 1 VSA § 317, and which shall include the general nature of the complaint and action taken by the Secretary or Board .

2226.3. Revocation or Suspension of Approval

(a) After investigation and providing an opportunity for hearing pursuant to Subsection 2226.2.2 (Investigations; Due Process Hearing) the Board may revoke, suspend, or impose conditions on the status of an approved school, including its eligibility to receive public tuition, if it determines that the school has:

failed to demonstrate that it has the resources required to meet its stated objectives;
failed to comply with a statutory requirement or the Board's rules for approved schools, including failure to submit an annual compliance assurance;
failed to report any of the financial events listed in Subsection 2223.3.2(b) (Financial Capacity, Solvency, and Stability); or
failed to make an annual enrollment report to the Secretary as required by 16 V.S.A. § 166(b)(4).

In considering whether an independent school lacks financial capacity to meet its stated objectives during the period of its approved status and what actions to take, the Board may consult with, and draw on the analytical resources of, the Vermont Department of Financial Regulation.

(b) If a court of competent jurisdiction or a state or federal agency determines after investigation that there are reasonable grounds to believe a school has discriminated against a student or employee in violation of federal or state law, the Board may hold a due process hearing to determine if the school's conduct objectively and substantially undermined or detracted from or interfered with a student's educational performance or access to school resources. If the Board makes such a finding, it may revoke, suspend, or impose conditions on the status of the school, including its ability to receive public tuition. The Board shall consider the status of the underlying case with the court or state or federal agency when deciding whether it would be appropriate to conduct a hearing or to act upon its findings.

Section 2227 Recognized Accrediting Agencies.

(a) The Board shall recognize accrediting agencies that meet the following requirements:

operate continuously for at least five years prior to applying for recognition under this section;
maintain membership in a peer organization that supports accrediting agencies in continuous improvement and alignment with best practices in school accreditation;
use a peer review process that includes evaluation by leaders of similar school types;
appropriately train all staff and peer reviewers who are involved in the accreditation process;
accredit schools based on publicly accessible documented standards, including mission, governance, finance, program, community of the school, administration, development, admissions, personnel, general health and safety, child and student protection and well-being, facilities, student services, school culture, and residential life (as applicable);
perform a comprehensive onsite visit of any school seeking accreditation while such school is in session;
require that schools seeking accreditation maintain a curriculum that is informed by research, document individual student progress, and have mechanisms for monitoring, assessing, and providing feedback on student progress;
require that schools seeking accreditation promote an equitable, just, and inclusive community of adults and students, foster a culture of learning, and inspire students to respect and value diversity in its many forms;

conduct ongoing and periodic reviews as necessary throughout the accreditation cycle of the schools that it accredits and provide interim reports during the accredited school's approval period that are sufficient to meet the informational needs of the Board;

demonstrate substantial understanding and familiarity with state laws, policies, and regulations that apply to approved independent schools in Vermont; and
agree to review and share with the Agency of Education evidence of practices and compliance with state-specific requirements during the initial or interim stages of an approved independent school's accreditation period.

(c) The Board shall create, and the Agency of Education shall maintain, a publicly available list of currently recognized accrediting agencies that meet the criteria described in subsection (a) above. The Board may remove any agency from the list of recognized accrediting agencies at any time, after finding that it no longer meets one or more of the criteria listed above.

(d) The Board shall continue to recognize any accrediting agency that accredits an approved independent school in Vermont as of April 1, 2024 until December 1, 2024.

Section 2228 Tuition from Public Funds.

2228.1. Tuition for Approved Schools in Vermont

Tuition shall not be paid from public funds to any approved independent elementary or secondary school in Vermont unless the school satisfies the requirements in Section 2223 (Requirements to Operate an Approved School) and Section 2224 (Application and Reapplication for Approval; Approval Process), as well as Sections 2229 (Approval to Receive Public Tuition, Special Education Tuition) and 2231 (Written Agreements Required). Tuition shall not be paid if a school's approval status has been suspended unless and until its approval status has been restored. Notwithstanding this prohibition, public tuition may be paid in cases where:

(a) there is an order from a court or from a due process hearing pursuant to Subsection 2365.1.6 (Due Process Complaint Procedures) requiring such payment; or

(b) the Secretary has approved an exception for a placement in an independent school pursuant to Subsection 2230.1 (Exceptional Circumstances - Approval Process).

2228.2. Tuition for Out-of-State Schools

Public tuition to be paid to an independent school located out of state shall be made in accordance with 16 V.S.A. § 828.

Section 2229 Approval to Receive Public Tuition, Special Education Approval.

For the purposes of this Section 2229 and Section 2231 (Written Agreements Required), the term "independent school approved for public tuition" shall mean an approved independent school that has been determined by the Board to be eligible to receive public tuition because it meets the requirements of both sections. Any reference to "school" in these sections shall also mean "independent school approved for public tuition," unless the context indicates otherwise.

2229.1. Enrollment: Requirements for Independent Schools Approved for Public Tuition, Students, and LEAs

(a) Each independent school approved for public tuition shall maintain, follow, and distribute to prospective students, their families, or members of the student's educational support team, a written enrollment policy, which shall, at minimum, provide the following:

that the student or the parent of a student seeking to attend the school shall voluntarily submit an application;
any special considerations or requirements for a student's acceptance for enrollment, none of which shall disadvantage a student based on the student's membership in a protected class, the student's actual or suspected disability, or the student's socioeconomic status;
the school's process for making enrollment decisions when the number of applicants exceeds capacity; and
that a student shall be accepted for enrollment in a nondiscriminatory manner and consistent with the school's written enrollment policy. No student shall be denied acceptance for enrollment if the reason for denial is that the student is disabled as defined in section 504 of the Rehabilitation Act of 1973, as amended, or that the student is eligible for special education or undergoing the comprehensive evaluation process for special education. No student shall be denied acceptance for enrollment on the basis of the student's race, gender, color, creed, religion, national origin, marital status, sexual orientation, gender identity, disability, or any other characteristic protected by state or federal law.

(b) Upon a student's acceptance for enrollment, the student's individualized education program team shall meet to determine how the student's services shall be provided. The independent school approved for public tuition and the LEA shall follow the procedures in Subsection 2229.4 (Procedures for Ensuring the Provision of Special Education Services to Publicly Funded Students in Approved Independent Schools), after which the student shall be enrolled in the approved school or, upon the decision of the hearing officer in Section 2229.4 below, the individualized education program team shall consider an alternative enrollment for the student.

(c) When a publicly funded student seeks to attend an independent school approved for public tuition after the start of the school year, upon the student's acceptance for enrollment, the student shall be provisionally enrolled consistent with the procedures in Subsection 2229.4 (Procedure for Ensuring the Provision of Special Education Services to Publicly Funded Students in Approved Independent Schools), during which time the LEA of residence shall agree to pay tuition on the student's behalf until the procedures in 2229.4 have been completed and the student is enrolled, or until the hearing officer issues a decision pursuant to Section 2229.4, below.

(d) This Subsection 2229.1 shall not apply to a therapeutic independent school.

2229.2. Staffing

An independent school approved for public tuition shall demonstrate the ability to serve students with disabilities by employing or contracting with staff who have the required licensure to provide special education services. The school is not required to demonstrate that it has the resources to provide every type of special education service in order to be approved or retain its approval to receive public tuition. Therapeutic independent schools shall have the capacity to serve the needs of students they are designed to serve. The Secretary shall establish minimum standards of services for students receiving special education services in independent schools approved for public tuition in Vermont.

2229.3. Assurances

An independent school approved for public tuition shall demonstrate that it has the ability to serve all students with disabilities by:

(a) demonstrating an understanding of special education requirements, including:

provision of a free and appropriate public education in accordance with federal and state law,
provision of education in the least restrictive environment in accordance with federal and state law,
characteristics and educational needs associated with any of the categories of disability or suspected disability under federal and state law, and

procedural safeguards and parental rights, including discipline procedures, specified in federal and state law;

(b) committing to implementing the individualized education program of an enrolled student with special education needs, providing the required services, and appropriately documenting the services and the student's progress;

(d) agreeing to participate meaningfully in a student's individualized education program meetings, to include making every effort to attend scheduled meetings;

(e) agreeing to communicate with the responsible LEA concerning:

development of, and any changes to, the individualized education program,
services provided under the individualized education program and recommendations for a change in the services provided,
the student's progress,
maintenance of the student's enrollment in the school, and
identification of students with suspected disabilities; and

(f) committing to participate in dispute resolution as provided under federal and state law and the Board's rules relating to special education dispute resolution.

2229.4. Procedure for Ensuring the Provision of Special Education Services to Publicly Funded Students in Approved Independent Schools

(a) The LEA shall be responsible for the administration of the individualized education program of a publicly funded student enrolled in an independent school approved for public tuition.

(b) Upon the acceptance for enrollment of a student with an individualized education program in an independent school approved for public tuition, the LEA of the student's residence shall convene an individualized education program or 504 team meeting within thirty days. When practical, the meeting shall be held prior to the start of the academic year in which the student is enrolled. The school shall designate personnel to participate in the individualized education program or 504 meeting. At the meeting, the team, which includes the parent, and the student where appropriate, shall determine how to ensure the provision of a free and appropriate public education in accordance with the student's individualized education program.

(c) The LEA and the independent school approved for public tuition, together with the student's individualized education program team, shall work collaboratively to ensure the student's services are provided in accordance with state and federal law. Services shall be provided in a timely manner, beginning with the first day of the school year when possible. It is the intent of the Board that the LEA and the school will identify solutions that minimize the loss of instructional hours to the student. The Agency shall provide technical assistance to the LEA and the school upon request.

(d) For placement purposes under the IDEA, the individualized education program team shall ensure the individualized education program process reflects the student's choice of enrollment in the independent school approved for public tuition, notwithstanding Subsection 2364.3(a)(2) (Placements). In this context, "placement" refers not to the specific site of the educational placement, but to the provision of special education and related services. Independent schools approved for public tuition shall follow all applicable federal and state laws regarding the change in placement of a student receiving special education services.

(e) The student's special education and related services shall be provided in accordance with the student's individualized education program and in the least restrictive environment.

(f) To ensure the provision of services in the student's individualized education program, the independent school approved for public tuition and the LEA may use any or all of the methods listed below to ensure the provision of those services, including:

the school recruiting and hiring special education or other professional or paraprofessional staff;
the school contracting directly with service providers to provide the services at the school if the services are not otherwise available at the school;
the school contracting with the LEA to provide the services; and
the LEA providing the services at a public school operated by the LEA or another public school.

(g) If there is a dispute between the LEA and the independent school approved for public tuition over whether the student's special education services can be provided in accordance with the student's individualized education program at the independent school or otherwise, the LEA shall initiate a hearing before an independent hearing officer, the costs of which shall be borne equally between the LEA and the school, within thirty days of the impasse.

(h) If the hearing officer determines the independent school approved for public tuition is unable to provide the required individualized education program services due to an inability to retain qualified staff, the LEA shall immediately convene an individualized education program meeting to consider alternatives.

The independent school approved for public tuition shall not be subject to any disciplinary action or revocation of its approval by the Board under Subsection 2226.2 (Revocation or Suspension of Approval) due to its failure to enroll or continue to enroll the student.

(i) This Subsection 2229.4 shall not apply to a therapeutic independent school.

2229.5. Payments for Special Education Service Costs Delivered by Out-of-State Programs

(a) Subject to the provisions of 16 V.S.A § 828, for an out-of-state independent school to be approved to receive public funds for special education purposes by the Board, the school shall be approved under the rules of its jurisdiction for the purpose of providing special education and related services to children with disabilities within its jurisdiction. Any limitation by the jurisdiction on an out-of-state independent school's special education approval, such as by category of disability served, or other comparable standard, shall also apply to the school's special education approval in Vermont.

(b) Rates paid for tuition, room, and board for students receiving special education in out-of-state schools shall not exceed the allowable costs approved by the authorized body in the jurisdiction where the school is located, except in exceptional circumstances approved by the Secretary.

2229.6. Approval Procedures to Receive Public Tuition

(a) Application for public tuition approval shall be made at the time of application under Sections 2224 (Application and Reapplication for Approval; Approval Process). A school that has already obtained approval from the Board may at any time submit an application for public tuition approval to the Secretary.

(b) The procedures for public tuition approval shall be the same as those for approval in accordance with Section 2224 (Application and Reapplication for Approval; Approval Process). To the extent possible, these procedures shall occur simultaneously.

2229.7. Duty to Notify

After receiving approval for public tuition, the school shall notify the Secretary within a reasonable time of any significant changes to its special education program, professional staff, governance, financial capacity, or facilities. The Secretary may, upon such notification, gather additional information from the school, including by means of a site visit. As a result, the Secretary may recommend that the Board change the school's approval for public tuition purposes. The Secretary shall employ the same procedures described in Subsection 2226.2.2 (Investigation; Due Process Hearing) to recommend a change to a school's approval status. The Board shall provide a hearing on the matter in accordance with Subsection 2226.2.2 and the requirements of Sections 1230, et seq.

2229.8. Minimum Level of Service

An independent school approved for public tuition shall be deemed to offer a minimum standard of service to a child, as required by 16 V.S.A. § 2973, if those services are offered according to a written agreement with the sending responsible agency, as required by Section 2231 (Written Agreements Required).

Section 2230 Placement Prohibition.

No responsible agency, as defined by Subsections 2360.3 (Child Find), or LEA shall make a special education placement in an approved independent school ineligible to receive public funds pursuant to the conditions in Section 2229 (Approval to Receive Public Tuition; Special Education Approval), unless the placement is pursuant to:

(a) Subsection 2230.1 (Exceptional Circumstances - Approval Process);

(b) a court order; or

2230.1. Exceptional Circumstances - Approval Process

Upon application by a responsible LEA, the Secretary may permit, in exceptional circumstances, a special education placement in an independent school that has been approved pursuant to Section 2223 (Requirements to Operate an Approved School) and Section 2224 (Application and Reapplication for Approval; Approval Process), but that has not been approved to receive public tuition under Section 2229 (Approval to Receive Public Tuition, Special Education Tuition). In instances in which the Secretary grants such approval, tuition and associated otherwise allowable costs shall be reimbursable under subchapter 2 of Chapter 101 of Title 16 of the Vermont Statutes Annotated. Any person aggrieved by the Secretary's decision may file an appeal with the Board pursuant to 16 V.S.A. § 828.

(a) Exceptional circumstances exist when:

after reasonable efforts, the LEA cannot locate an appropriate public or independent school approved for public tuition and special education purposes pursuant to Sections 2229 (Approval to Receive Public Tuition, Special Education Tuition) to serve children with the disability under which the child was determined to be eligible for special education; and
the proposed placement is deemed appropriate by the child's individualized education program team.

(b) The Secretary may specify conditions under which the placement is to be carried out.

Section 2231 Written Agreements Required.

2231.1 Agreement as to Costs

(a) In order to obtain approval to receive public tuition, an approved school shall assure the Board that, prior to enrolling a child pursuant to Subsection 2229.1 (Enrollment: Requirements for Independent Schools Approved for Public Tuition, Students, and LEAs), the school will enter into a written agreement with the LEA committing to the requirements set forth in Subsection 2229.3 (Assurances) and ensuring that qualified school personnel will attend planning and all individualized education program meetings for the student. The agreement shall outline tuition, room, board, and other costs associated with the child's attendance. For children on an individualized education program who are placed by a state

(b) The Secretary shall consult with independent schools in the state and determine maximum rates for tuition, room, and board for residential placements. These rates shall be published each year by November 30th. Any amount charged by an independent school approved for public tuition shall not exceed the school's actual or anticipated costs of providing special education services to the student and shall not exceed the maximum rates set by the Secretary, provided that the Secretary may permit charges in excess of the maximum rates if the Secretary deems it warranted.

(c) An independent school approved for public tuition that enrolls a student with an individualized education program pursuant to Subsection 2229.1 (Enrollment: Requirements for Independent Schools Approved for Public Tuition, Students, and LEAs) may bill the responsible LEA for the excess special education costs beyond those covered by general tuition. Reimbursement of the excess costs shall be based on the direct-cost rates approved by the Secretary for services actually provided to the student consistent with the Agency of Education's Technical Manual for special education cost accounting.

(d) An independent school approved for public tuition that enrolls a student under Subsection 2229.1 (Enrollment: Requirements for Independent Schools Approved for Public Tuition, Students, and LEAs) shall provide documentation to the Secretary in order to ensure that the amounts charged are reasonable in relation to special education services provided by the school.

(e) The Secretary may withhold, or direct an LEA to withhold, payment under this subdivision pending the Secretary's receipt of required documentation under this subdivision, or may withhold, or direct an LEA to withhold, an amount determined by the Secretary as not reasonable in relation to the special education services provided by the school.

2231.2. Agreement as to Non-Instructional Services.

In order to obtain approval to receive public tuition, an approved school shall assure the Board that, within thirty days of enrolling a child with an individualized education program, the school will enter into a written agreement with the sending LEA or other responsible agency as to the division of responsibility for performance of non- instructional services, including compliance with special education procedural requirements. For children placed by a state agency or a designated community mental health agency, or another agency defined by the Secretary, this agreement shall be with the LEA that has educational planning responsibility for the child.

Section 2232 Rate Approval for Therapeutic Approved Independent Schools.

(a) The Secretary shall set, after consultation with independent schools, the maximum tuition rate to be paid by the Agency and supervisory unions or school districts to therapeutic independent schools. The rate for each therapeutic independent school shall be no more than the costs that are reasonably related to the level of services provided by the school.

(b) If a therapeutic independent school does not submit an application for rate approval by November 15, the most recently approved rate will be in effect for the following school year. The Secretary may review an approved rate at any time; including on request of the school based on extraordinary circumstances. Therapeutic schools will supply information as requested by the Secretary.

(c) A therapeutic school's most recently approved rate shall be adjusted annually by the Secretary according to the National Income and Product Accounts (NIPA) Implicit Price Deflator for State and Local Government Consumption Expenditures and Gross Investment as reported by the U.S. Department of Commerce, Bureau of Economic Analysis. The Secretary shall announce the inflation rate to allow for sufficient time for submission of an application for approval of a new rate under subsection (d) in the event the therapeutic school determines such an application is needed. The annually-inflated rate shall become the most recently approved rate.

(d) A therapeutic school requesting a new rate shall submit an application for approval of a new rate to the Secretary by November 15 for tuition, related services, room, and board based upon the actual or anticipated costs that are reasonably related to providing educational services. Schools that also receive rates from the Agency of Human Services shall submit an application for approval of a new rate to the Secretary by May 1. Reported costs shall be only those that are net of other available restricted revenue sources. To demonstrate that the rate requested by the therapeutic school meets this standard, the therapeutic school shall submit to the Secretary the following:

Costs for each of the following categories, reported at the general ledger account description level, submitted in accordance with the Generally Accepted Accounting Principles published by the Financial Accounting Standards Board:

(A) salaries for all employees and full-time equivalents, as applicable,

(B) program-related contractual services,

(D) general operating,

(E) program,

(F) travel/transportation,

(G) building - direct,

(H) building - allocated,

(I) admin I - allocated,

(J) admin II - allocated, and

(K) fringe - allocated.

The school's proposed operational capacity, which shall be supported by a narrative that describes how the proposal reflects relevant circumstances including three-year historic enrollment, student acuity or changes in student acuity, availability of faculty and staff, physical space, anticipated demand for placements or change in anticipated demand for placements, and other considerations.

(e) A therapeutic school submitting an application for rate approval for the first time may submit the application at any time pursuant to this subsection.

(f) If the Secretary determines an application for new rate approval submitted under subsection (d) is incomplete, then the therapeutic school shall have 10 working days to complete the application following notice that its application is incomplete.

(g) The Secretary shall evaluate each element of the application for new rate approval submitted pursuant to subsection (d) and determine whether the school has demonstrated that the cost associated with each element is reasonably related to the level of services provided by the school. In determining whether a cost is reasonably related to the level of services, the Secretary will consider the following: direct-cost rates approved by the Secretary pursuant to 16 V.S.A. § 2973(b), costs approved for other therapeutic schools, regional differences in costs, demonstrated difficulty filling certified or licensed positions, tenure of faculty and staff, student acuity, educational model, students' need for stability in educational placement, and other aspects of program and student need documented in the application. Prior to conducting cost comparisons with applicant data, the Secretary shall:

establish standards for developing and applying a database of comparable information to be utilized in rate determinations and publish the standards on the Agency's website;

annually update the database of comparable information; and
implement a procedure to document and retain the process and basis for each determination, including the comparable data applied.

(h) The Secretary shall determine the rate on a per-student basis by dividing the total costs determined in subsection (g) by the school's approved operational capacity, which shall be determined by the Secretary from the information provided in subsection (d)(2).

(i) The Secretary shall notify a therapeutic school that has submitted an application for new rate approval pursuant to subsection (d) of the final rate approval by January 15.

(j) After the Secretary approves a rate for a therapeutic school, the school shall not exceed that rate until such time as a new tuition rate is approved by the Secretary. In the case of a service required by a student's individualized education program that is not included within the school's approved rate, the LEA shall decide whether to contract for the service with the therapeutic school. The LEA shall provide notice of its decision to the Secretary within 5 days.

(k) A therapeutic school that is not satisfied with the final rate may request reconsideration by the Secretary. Requests for reconsideration shall be made in writing to the Secretary within thirty days of the final rate approval. Upon receiving the Secretary's answer regarding reconsideration, if the therapeutic school is not satisfied, it may file an appeal with the Board in accordance with the requirements of Section 1230, et seq. Alternatively, a therapeutic school may appeal to the Board pursuant to Section 1230, et seq. without first seeking reconsideration by the Secretary. The Board's determination of the appeal shall be final.

Section 2233 Standards and Regulations.

The Board shall afford the opportunity for approved independent schools to participate in the development and revision of state standards that apply to approved independent schools.

Section 2234 Corrections Education Program.

The Secretary shall conduct a review of the Corrections Education Program in accordance with the procedures and standards contained within Sections 2220 through 2229.

Section 2235 Approval of Tutorial Programs.

Statutory authority: 16 V.S.A. § 828.

2235.1. Definitions

"Tutorial program" means education provided to a student who is placed in a short-term program that is not administered by an LEA. The purpose of the program is to provide evaluation and/or treatment. This does not include home based tutorials, programs operated by a public school or collaborative, or a program of an independent school that has been approved under 16 V.S.A. § 166. The average length of stay for children in a tutorial program shall be not more than six months. The Secretary may waive the average length of stay time period for individual programs, based upon needs of the children served by the program.

2235.2. Procedures for Approval

2235.2.1. Application

An application for approval or renewal of approval as a tutorial program shall include the following:

(a) Name, address, telephone number of the tutorial program.

(b) Name of the Chief Executive Officer or contact person.

(d) A description of the tutorial program's enrollment, including a statement of whom it is designed to serve.

(e) A description of the plan of organization for the tutorial program.

(f) A tutorial program calendar.

2235.2.2. Review

Upon receipt of an application for approval, the Secretary shall appoint a committee of at least two persons to review the application and visit the tutorial program.

2235.2.3. Report to the Secretary

The appointed committee shall present a written recommendation regarding possible approval to the Secretary. A copy of the recommendation shall be sent to the tutorial program. The applicant shall be given at least thirty days to respond before a recommendation regarding approval or disapproval is made by the Secretary to the State Board.

2235.2.4. Board Action

The Secretary shall recommend approval or disapproval for action by the Board at its next regular meeting. Officials of the tutorial program shall be notified of this meeting date.

2235.2.5. Term of Approval

The Board may grant approval for a term of not more than two years. The tutorial program shall be approved prior to receiving tuition payments from a public LEA.

2235.2.6. Renewal

Not less than three months prior to expiration of a tutorial program's approval, the Secretary shall send an application packet and a letter notifying the program when a site visit will occur. The completed application shall be received from the tutorial program not later than thirty days prior to the scheduled site visit.

2235.2.7. Denial, Revocation, or Suspension of Approval

Prior to recommending denial, revocation, or suspension of approval to the Board, the Secretary shall notify the tutorial program of the reasons for the proposed action and shall afford the tutorial program an opportunity to be heard by the Board. Approval of a tutorial program shall be revoked or suspended by the Board based on a finding that the tutorial program no longer meets the criteria for approval.

2235.2.8. Standards and Regulations

The Board shall afford the opportunity for approved tutorial programs to participate in the development and revision of State standards that apply to tutorial programs.

2235.3. Criteria for Approval

In order for a tutorial program to obtain approval or renewal of approval from the Board, the program shall meet both the general and special education requirements in the following areas:

(a) The instruction and methods of instruction offered are age and ability appropriate for the child and are coordinated with the child's responsible LEA as set forth in subsection (j) below.

(b) The tutorial program has sufficient facilities and materials or access to other facilities and additional materials as necessary to provide an appropriate education.

(c) The tutorial program's facilities and operation comply with local, State, and federal requirements pertaining to the health and safety of children.

(d) The tutorial program employs an adequate number of professional staff for the population served and these staff members are qualified by training and experience in the areas to which they are assigned.

(e) Teachers providing or supervising the provision of special education have licensure and endorsement as would be required for the equivalent work in a Vermont public school.

(f) All professional staff have relevant experience and/or training in the duties to which they are assigned.

(g) The tutorial program maintains a register of the daily attendance of each of its students and reports the attendance to the responsible LEA.

(h) The tutorial program maintains an operating schedule that includes instruction for no less than ten hours per week unless inconsistent with medical and/or educational recommendations. The operating schedule shall be sufficient to ensure that the instructional services address the individual needs of a child with disabilities and are consistent with the child's individualized education program.

(i) The tutorial program has the financial capacity to carry out its educational purposes for the period of approval.

(j) The tutorial program coordinates educational services with the responsible LEA, including credit for coursework for high school, and coordinates with other responsible agencies such as the Department for Children and Families, community mental health centers, and family-parent child centers by:

(1) Contacting the responsible LEA(s) (see 16 V.S.A. § 1075.) in order to access school records and determine the special education status of the child.

(2) Reviewing the individualized education program, the child's needs, and the tutorial's own ability to implement the individualized education program.

(3) Making a formal referral for a special education evaluation to the responsible LEA, if when receiving a child, the child is suspected of having a disability.

(4) Maintaining educational records and disclosing them to the responsible LEA and the child's parents, unless restricted by statute, court order, or other legally binding document specifically revoking those rights.

(5) Participating in evaluation procedures and in the development of individualized education programs, including plans for reintegration and transition services.

(6) Implementing individualized education programs.

(7) Providing prior notice to the responsible LEA regarding the need for a change in a child's program or placement, including long-term suspension or expulsion.

(k) In order to obtain approval, a tutorial program shall meet special education standards that apply to state and local education agencies. This shall be evidenced by the maintenance and implementation of written policies or procedures, as appropriate, in at least each of the following areas:

(1) Admissions.

(2) Discipline.

(3) Significant change in placement.

2235.4. Rate Approval for Non-Residential Tutorial Programs

(a) Each tutorial program shall annually report its rates for tuition, related services, room, and board, if applicable, to the Secretary on a form prescribed for that purpose.

(b) The rates that a tutorial program charges for tuition, related services, and room and board shall be reasonably related to the actual costs of the services provided. Reasonable relationship shall be determined by utilizing generally accepted accounting principles, such as those set forth in the Handbook (II) for Financial Accounting of Vermont School Systems.

(c) The Secretary shall review each tutorial program's annual rate report. If the Secretary concludes that a tutorial program's rates are not reasonably related to the services provided, the Secretary shall make a determination as to the maximum rate that public school districts and the Agency would pay to the tutorial program for those services and offer the tutorial program an opportunity for explanation regarding why the maximum rate the Agency would pay is not adequate. If the explanation is not satisfactory, the Secretary shall refer the matter to the Board.

(1) Upon such referral by the Secretary, the Board shall conduct a formal proceeding in accordance with the requirements of Sections 1230, et seq.

(2) The Board's determination shall be final.

Section 2236 Approval of Distance Learning Schools.

Section 2237 Statutory Authority.

16 V.S.A. § 166(b)(6).

Section 2238 Definition.

A "Distance Learning School" means an independent school that offers a program of elementary or secondary education through correspondence, electronic mail, satellite communication, or other means and that, because of its structure, does not meet some or all the rules of the State Board for approved independent schools and is ineligible to receive public tuition payments pursuant to 16 V.S.A. § 166(b)(6).

Section 2239 Procedures and Standards.

The distance learning school shall meet the procedures and standards set forth in Rules 2220-2228 above that, because of its structure, can be applied, and the following rules:

(a) The distance learning school's business and administrative offices are located in Vermont and are sufficient to meet the needs of the school.

(b) The distance learning school follows Vermont requirements for incorporation pursuant to Titles 11, 11A, and 11B of the Vermont Statutes Annotated.

(c) The distance learning school offers an educational program that is developed and assessed by staff who are other than the parents of the students and who are either employed by the school or under contract with the school.

(d) The distance learning school has policies and procedures to:

(1) Enroll students who reasonably can be expected to benefit from the instruction offered by the program.

(2) Measure student progress to ensure that students continue to benefit from such instruction.

(e) The distance learning school has policies and procedures to answer student and parent inquiries about programs and services promptly and satisfactorily and to answer specific student academic inquiries in a timely and beneficial way.

(f) The distance learning school has policies and procedures for informing students and parents of academic progress on a regular basis.

(g) Tuition:

(1) Tuition policies, including tuition collection practices, are written, clear, and provided to parents in advance of enrollment, including notification that the school shall not be eligible to receive tuition payments from school districts pursuant to 16 V.S.A. § 166(b)(6).

(2) The distance learning school has clear written policies on refunds of tuition payments for circumstances in which students choose not to or are unable to complete the program of instruction.

(h) In the event that the school closes, the distance learning school has policies for:

(1) Tuition adjustment or refund.

(2) Preservation and release of student records.

Section 2240 Certification of Post-Secondary Schools.

2240.1 Definitions.

(a) "Post-secondary school" means any person who offers or operates a program of college or professional education for credit or degree. Significant changes to an existing post-secondary school such as changing from an associate to an undergraduate degree program, or an undergraduate to a graduate degree program, or adding a new graduate degree program shall be considered the operation of a post-secondary school for the purposes of registration and certification.

(b) "A post-secondary school whose primary operation is in the State of Vermont" means a post- secondary school that offers the majority of its courses in an institution in Vermont or that maintains its principal administrative offices in Vermont and offers post-secondary courses in Vermont.

(c) "Confer a degree" and "degree-granting authority" means the act of conferring and the authority to confer a degree to a student who has completed the requisite coursework and other requirements in a post-secondary school doing business in Vermont. An out-of-state post- secondary school that offers more than seventy-five percent of its credit hours toward a degree in its Vermont affiliate must obtain a certificate of degree-granting authority in Vermont before it may confer or offer to confer a degree.

(d) "Business organization", for the purposes of 16 V.S.A. § 176(d)(1), may include a corporation if the program of education is provided solely for the employees or invitees of the corporation.

Section 2241 Certification of Post-Secondary Schools Chartered in Vermont.

2241.1 Statutory Authority.

16 V.S.A. § 176.

2241.2 [Repealed].

2241.3 Application for Certificate of Approval.

A person desiring a certificate of approval or certificate of degree-granting authority from the State Board shall file an application with the Secretary prior to offering post-secondary credit-bearing courses or programs and prior to admitting its first student. The application shall indicate the certification sought and shall include a description of the school that contains the following:

(a) The name, location, and legal nature of the school, including a copy of articles of association or other documents descriptive of the legal nature of the school.

(b) The credits or degree(s) that the school proposes to offer.

(d) The purpose and philosophy of education of the school.

(e) The organization of the school including a description of its governance, administration, and affiliation with other organizations for the provision of services or programs.

(f) A description of the financial resources of the school including its present and anticipated future assets, sources of funding and revenue, start-up costs for proposed programs, and operating budget. Assets and income and expenditures for the out-of-state school's prior fiscal year shall be presented in an audited financial statement prepared by a certified public accountant.

(g) The school's policy regarding refund of tuition and fees collected in advance from students.

(h) A description of the school's physical plant, library, and equipment.

(i) A description of academic programs, including their level, site, and length. The application shall set forth the minimum credit requirements, if any.

(j) A statement regarding the school's professional staff, including its policy regarding appointment, promotion, tenure, if applicable, dismissal, the qualifications of professional staff, teaching and student loads, and the numbers of full-time and part-time and adjunct staff and their non-teaching responsibilities.

(k) A description of the student body, including its size and level of education at admission, methods of recruitment, and available financial aid resources.

(l) A copy of all catalogues or brochures publicly distributed by the school and a copy of advertisements sponsored by the school to recruit students or solicit funds.

(m) If the school is to offer credits or degree(s) through online delivery or by correspondence, a description of those activities and proof of relevant licensure.

(n) Evidence that each applicant for enrollment is notified, in writing, on an application, enrollment, or registration form to be signed by the applicant, that credits earned at the school are transferable only at the discretion of the receiving school.

(o) A statement of commitment to offer the full program for students to complete the program in a reasonable length of time.

(p) Documentation of accreditation by any regional, national, or programmatic institutional accrediting agency recognized by the U.S. Department of Education.

2242.3. Registration

A post-secondary school seeking continued operation in Vermont after initial approval from the Board shall register with the Agency within one-year of receiving approval from the Board and annually thereafter on or before September 1. Registration shall be on a form prescribed by the Secretary.

Section 2243 Review Process for Post-Secondary Schools Chartered In and Outside Vermont.

2243.1. Review of Application for Certificate of Approval for Schools Chartered In and Outside Vermont Upon receipt of an application for a certificate of approval, the Secretary shall appoint a review team of no fewer than two individuals. The Secretary shall appoint persons to the review team who possess general knowledge of post-secondary school standards and, where applicable, persons with specialized knowledge in any particular programs offered by the school. At least one of the persons so appointed shall be from a Vermont post-secondary school or representative organization. The team shall review the application and shall verify its contents by, if necessary, visiting the school. The team shall present a written recommendation regarding certification to the Secretary within ninety days of the receipt of the completed application unless a longer period is required and explained in writing to the applicant. A copy of the recommendation shall be provided at the same time to the applicant. The applicant shall be given thirty days to respond and, if requested, shall be afforded a hearing before the Secretary or his or her designee before a recommendation regarding certification is made by the Secretary to the Board.

2243.2. Review of Application for Certificate of Degree Granting Authority

Upon receipt of an application for degree granting authority, which shall contain all the information required by an application for certification of approval and information documenting that the requirements of Subsection 2243.6, subsection (a) are met, the Secretary shall contact the Vermont Higher Education Council, which shall review the application and determine the accuracy of its contents by, if necessary, visiting the school. The Secretary may also appoint independent reviewers to accompany representatives of the Vermont Higher Education Council reviewing the school. The Vermont Higher Education Council shall present written recommendations regarding certification to the Secretary within ninety days of the receipt of the completed application unless a longer period is required and explained in writing to the applicant. The independent reviewers, if appointed by the Secretary, may either join in the recommendations of the Vermont Higher Education Council or present independent recommendations. A copy of all recommendations shall be provided to the applicant at the same time they are provided to the Secretary. The applicant shall be given thirty days to respond to the recommendations and, if requested, shall be afforded a hearing before the Secretary or his or her designee before a recommendation regarding certification is made by the Secretary to the Board. The Board shall be provided with a copy of the recommendation of the Vermont Higher Education Council and, if applicable, a copy of the recommendations of the independent reviewers.

2243.3. Renewal of Certification

A school seeking renewal of certification shall apply in writing to the Secretary no later than six months prior to the end of any period of certification. Where appropriate, the school may incorporate by reference its prior application or any portion thereof. Certification of a school completing timely application shall extend until the Board acts on further certification. Any school seeking renewal that has obtained initial approval to offer or operate a program of college or professional education for credit or degree on or after January 1, 2015, shall obtain accreditation from an accrediting entity recognized by the U.S. Department of Education, in order to be considered eligible for renewal by the Board within the first ten years of operation.

2243.4. Costs of Review

Post-secondary schools seeking a certificate of approval or renewal thereof shall be responsible for payment of fees as detailed in 16 V.S.A. § 177. to the Agency to cover the costs of services related to the certification. In addition, the applicant shall separately reimburse the non-Agency site visit review team members for travel, food and, lodging expenses associated with evaluation costs. Schools seeking a certificate of degree-granting authority shall be responsible for payment of fees as detailed in 16 V.S.A. § 177. to the Agency, a portion of which will be paid to the Vermont Higher Education Council to cover the costs of certification. In addition, the applicant shall separately reimburse individuals serving on the review team for travel, food, and lodging expenses associated with evaluation costs. Payment of the costs of services related to the certification shall accompany the application and is non-refundable. An application shall not be deemed complete until the payment is made.

2243.5. Criteria for Issuance of a Certificate of Approval

To be issued a certificate of approval, an applicant shall demonstrate the following:

2243.5.1. Resources Required to Meet Stated Purposes

The school shall submit a clear and specific statement of purpose regarding the education that it intends to provide and shall demonstrate that it has the resources, including personnel, curriculum, finances, and facilities necessary to accomplish its stated purposes. All activities conducted by the school shall be consistent with its stated purpose.

2243.5.2. Stability

(a) Sources of Income. The school shall have a plan for financing each proposed degree or program. The plan shall specify the dollar amounts and proportions of income by source, including:

(1) Tuition and fees.

(2) Other school-generated funds.

(3) Federal or State funds.

(4) Private funds.

(b) Financial Capability. The school shall demonstrate in its financial plan that it will have sufficient funds to maintain operation and shall clearly document its ability to fulfill contractual obligations to students.

(c) Management. The school shall operate under a governing structure that clearly delineates responsibility for all legal aspects of operations. The school shall demonstrate sound business and financial management by showing evidence of an internal organization for the administration of its financial resources and a school budget planning process. In addition, the school shall maintain adequate financial records audited annually by an independent certified public accountant.

2243.5.3. Disclosure

Information provided by the school to prospective students either directly or through advertisements shall not be false or misleading. The school shall be able to substantiate any claims regarding such matters as the likelihood of employment, graduate school admission, or transfer of credit. The following information shall be disclosed on the school's website and in a general catalogue, bulletin, or other public information document provided to prospective students prior to enrollment.

(a) Name and physical address of school.

(b) Date of publication of the document and the period of time to which it pertains.

(c) The school's calendar including beginning and ending dates of educational programs, holidays and other dates of importance.

(d) The purpose and philosophy of education of the school.

(e) A brief description of the school's physical facilities as related to the educational program.

(f) An accurate list of all educational activities.

(g) An indication of when specific required courses or other required learning experiences will normally be available.

(h) Educational content of each course, or of the program if separate courses do not exist.

(i) The length of time in hours, weeks, or months normally required for completion of the educational program.

(j) An accurate listing of current educational providers.

(k) An indication of the distinction, if any, between adjunct or part-time educational providers and full- time educational providers.

(l) Policies and procedures regarding the extent to which educational experiences at other schools or other forms of learning will be counted toward meeting graduation requirements.

(m) Requirements for graduation.

(n) A statement of the certificates or diplomas awarded upon graduation, if any.

(o) A statement of the degrees awarded upon graduation, if any. If a degree is to be conferred by an out-of-state post-secondary school as a result of credits earned both at a school doing business in Vermont and elsewhere as a condition of the degree, how the credits earned in Vermont are integrated into the overall degree requirements.

(p) The system of grading or evaluation.

(q) The school's policy establishing standards for determining adequate progress.

(r) The availability and extent of student services such as job placement services, counseling for academic and personal problems, food service facilities, and parking facilities.

(s) The availability of financial aid.

(t) An accurate representation of, and the distinction between, school accreditation, institutional memberships in professional organizations, specialized or professional program accreditation, State Veteran's Affairs-approving agency course approval, and State certification.

(u) The school's policy regarding the refund of tuition and other fees collected in advance of enrollment or class attendance.

(v) The school's "closing" policy establishing procedures that will be followed in the event that a determination is made to cease operation.

(w) The school's student records policy with provisions regarding access, disclosure, and the cost of copies.

(x) A statement that credits earned at the school are transferable only at the discretion of the receiving school.

2243.5.4. Facilities

The school's facilities shall meet all applicable State, federal and local fire, safety, health, and access standards.

2243.5.5. Student Records

The school shall have adequate procedures for the safe-keeping of student records and for complying with the requirements of 16 V.S.A. § 175.

2243.5.6. Waiver of Requirements for Certification

A school that believes that one or more of the above requirements for certification should not be applied to it may request in writing that such requirement be waived in its application for certification. Requests for waivers must accompany the application. The Board may waive requirements and grant certification when it determines that the school is capable of providing its proposed program and that the students are adequately protected.

2243.6. Criteria for Issuance of a Certificate of Degree Granting Authority

To be issued a certificate of degree granting authority, a school shall show that it meets all of the criteria for issuance of a certificate of approval and in addition shall demonstrate the following:

(a) Schools desiring to offer post-secondary degrees, including graduate degrees, shall clearly state their criteria for granting each degree and the procedure for determining that these criteria are met.

(b) Schools desiring to offer an associate degree shall provide and require completion of a minimum of 60 semester credit hours or equivalent learning experiences.

(c) Each educational program leading to a baccalaureate degree shall provide and require a minimum of 120 semester credit hours or equivalent learning experiences.

(d) Candidates for a degree shall be required to complete a coherent program of study.

2243.7. Certification Limitations

The Board may grant a certificate of approval or degree granting authority, or renewal thereof, for a period of time the Board deems reasonable and appropriate not to exceed five years and upon such conditions, terms, or limitations as the Board deems necessary. A school that has been granted either a certificate of approval or a certificate of degree granting authority shall notify the Board prior to making substantive changes in or additions to the educational program described in its last application for certification. The Board may require a school to reapply for certification following program changes that are inconsistent with the purposes and educational philosophy stated by the school in its most recent application for certification or prior to offering a new level such as changing from an associate to an undergraduate degree program, or adding a new graduate degree program, or a new degree.

2243.8. Denial, Approval with Stipulations, Revocation, or Suspension of Certification

2243.8.1. Process

Prior to recommending denial, approval with stipulations, revocation, or suspension of certification to the Board, the Secretary shall notify the school in writing of the reasons for the proposed action. The school shall be given thirty days to respond and, if requested, shall be afforded a hearing before the Secretary or the Secretary's designee. The school shall also be afforded an opportunity to be heard by the Board before any action is taken.

2243.8.2. Criteria for Revocation or Suspension

The Board may suspend or revoke certification for good cause, including:

(a) Failure of the school to continue to meet criteria for certification herein specified.

(b) Failure of the school to meet the terms and conditions or limitations of certification established by the Board.

(d) False or deceptive advertising.

(e) Judgment of bankruptcy in a liquidation proceeding.

(f) Ceasing of operation.

(g) Refusal to permit team evaluation or other investigations provided for under these rules.

(h) Change in accreditation status.

2243.8.3 Investigations.

The Secretary may conduct any investigations of a school that the Secretary deems to be necessary and appropriate in order to ensure compliance with the terms of these rules. A school shall permit any authorized representative of the Secretary to visit its facilities and secure relevant information during the normal course of business. The school shall be notified prior to such a visit.

2243.8.4. Loss of Recognition for Accreditor

(a) In the event an accrediting entity is no longer recognized by the U.S. Department of Education, any post-secondary school having received accreditation from such entity shall:

(1) Notify the Board in writing within thirty days of receiving notice or information of such loss of recognition.

(2) Apply for accreditation with a recognized accreditor at least ninety days before the school's existing accreditation expires.

(b) The post-secondary school may continue to operate under its approval by the Board pending receipt of its new accreditation, but in no case longer than twenty-four months. The Board may extend this period upon request of a post-secondary school going through the accreditation process.

Section 2250 Preservation of Post-Secondary Institutions' Student Records.

Statutory Authority: 16 V.S.A. § 175.

2250.1. General

Institutions of higher education are required to maintain their student academic records in a form prescribed by the Board. The Agency is authorized to ensure that the student academic records are in appropriate form. The institution of higher education is required to inform the Board in the event it intends to close and to surrender its student academic records to a repository designated by the Board for storage. The repository is authorized to make verified copies available to students and former students.

2250.2. Maintenance of Academic Records

Each institution of higher education operating in this State shall maintain its permanent records in such a manner that they could be delivered to the Board in a satisfactory form should the institution discontinue operation. At a minimum, the records shall be kept current and preserved against damage or loss.

2250.2.1. Monitoring

Upon reasonable notice, every institution shall make available to a representative of the Board its student records for the purpose of ensuring compliance with this rule. Examination of the records under this section shall take place in a manner that will not permit identification of individual students.

2250.2.2. Return of Records

A repository may duplicate the records of an institution and then return the original records to the institution

2250.2.3. Institutions Discontinued Prior to April 25, 1979

The custodian of records of institutions discontinued prior to April 25, 1979, shall be subject to the requirements of 16 V.S.A. § 175 and these rules.

2250.3. Form and Contents of Academic Records

The permanent academic record of each student registered for credit at a post-secondary institution that operates in this State, whether or not such institution is chartered in this State, shall contain at a minimum:

(a) The identification of the institution.

(b) The identification of the student.

(c) The record of courses satisfactorily completed and evaluation of the student's work therein, or, if records are not kept in this form, other records of the student's studies and academic progress.

(d) Periods of enrollment covered by subsection (c) above.

(e) The student's status at the close of the last period of enrollment.

(f) The degree and/or certificates awarded.

A key to, or explanation of, the student's permanent academic record shall be available to accompany this record.

[Section 2260 to 2265 Repealed by Operation of Law.].

Section 2266 Post-Secondary Online or Correspondence Schools.

An online or correspondence school that offers post-secondary credits or degrees shall also meet the applicable requirements of 16 V.S.A. §§ 176 and 176a.

Section 2270 Private Kindergarten Approval.

Statutory Authority: 16 V.S.A. § 166(b).

Section 2271 Procedure for Approval.

2271.1 Application:

Every person or entity seeking to operate as an approved kindergarten shall apply in writing to the Secretary. An application for approval shall contain the following:

(a) The name and address of the school.

(b) A description of the school's curriculum and methods of instruction.

(d) A list of the school's staff and their qualifications.

(e) The operating schedule of the school

(f) A statement certifying that the school is in compliance with the Kindergarten Nursery School provisions in the Regulations for Day Care of the Department for Children and Families. (hereinafter "D.C.F. Kindergarten Regulations").

2271.2 Appointment of Reviewer

Upon receipt of an application for approval, the Secretary shall appoint an educator to review the application and visit the school. In addition, the Secretary shall contact D.C.F. to determine on his or her behalf whether the school meets the "D.C.F. Kindergarten Regulations." First priority for review shall be given to private kindergartens that are located in the vicinity of towns where the local school board or town has taken a formal vote to provide public supported kindergarten.

2271.3 Review.

The appointed educator shall review the application and visit the school.

2271.4 Report to the Secretary.

The appointed educator shall present a written report including a recommendation regarding approval to the Secretary. The report of the appointed educator shall incorporate the determination of D.C.F. concerning compliance with the "D.C.F. Kindergarten Regulations". A copy of the report and recommendation shall be provided at the same time to the applicant.

2271.5 Secretary's Recommendation.

The Secretary shall recommend approval or disapproval for action by the State Board at its next regular meeting. Officials of the kindergarten shall be notified of this meeting date.

Section 2272 Criteria for Approval.

The State Board shall approve a private kindergarten if it finds that:

(a) The curriculum embodies a minimum course of study, as defined in 16 V.S.A. § 906, Courses of Study, with learning experiences adapted to a student's age and ability.

(b) The school is in compliance with State requirements pertaining to the health and safety of students adopted by the Department of Labor and Industry and the Department of Health. In regards to health requirements, private kindergartens located in elementary or secondary school buildings shall comply with the Environmental Health Regulations for School Houses (Chapter 5, Subchapter 3, Vermont Health Regulations). All other private kindergartens shall comply with the Environmental Health Regulations for Day Care Facilities (Chapter 5, Subchapter 14, Vermont Health Regulations.)

(1) Structuring kindergarten learning environments that enhance cognitive and social development.

(2) Teaching skills and concepts in mathematics, language arts, science, the arts, and health that are consistent with principles of child development.

(3) Planning and leading activities that foster social and emotional growth in young children.

(4) Dealing with parents and family of children to ensure home support and to promote learning outside of the school or center.

(5) Identifying developmental delays in young children.

(d) The kindergarten maintains an operating schedule that, exclusive of time allowed for meals and recess periods, includes a total number of instructional hours that is not less than that required of a public-school kindergarten.

(e) The facility and program meet the "D.C.F. Kindergarten Regulations."

Section 2273 Additional Requirements.

2273.1. Records

Approved private kindergartens shall maintain records of attendance, health, and progress for public tuition students, in a form required by the school district and in accordance with state and federal law. These records shall be transferred to the public schools no later than July 15 after the end of the school year.

2273.2. Professional Development

The director and teachers in an approved private kindergarten shall participate in professional development activities provided by the public school district.

Section 2274 Term of Approval.

The State Board may grant approval for a term of not more than two years. A private kindergarten must be approved prior to receiving tuition payments from a public school district.

Section 2275 Revocation or Suspension of Approval.

Prior to recommending revocation or suspension of approval to the Board, the Secretary shall notify the kindergarten of the reasons for the proposed action and shall afford the kindergarten an opportunity to be heard by the Board. Approval of a kindergarten shall be revoked or suspended by the Board based on a finding that the kindergarten no longer meets the criteria for approval.

Section 2776 Rule of Construction.

This rule shall not be construed to impose obligations on schools that are inconsistent with that school's constitutional or statutory rights. In addition, this rule shall not be construed to restrict any student's constitutional or statutory rights.

Section 2777 Effective Date.

Amendments to all Sections shall become effective July 1, 2024, except that Subsections 2223.3.3(b) (Instructional Strategies) and 2223.3.3(c)(1) (Curriculum Content) will take effect on July 1, 2025.

History

EFFECTIVE DATE:
August 15, 1994 Secretary of State Rule Log #94-60
AMENDED:
January 25, 1996 Secretary of State Rule Log #96-03; May 6, 1996 Secretary of State Rule Log #96-28; May 9, 1997 Secretary of State Rule Log #97-14; August 5, 1999 Secretary of State Rule Log #99-39; August 24, 2006 Secretary of State Rule Log #06-023 [2224.2; 2228; 2229; 2230]; September 17, 2007 Secretary of State Rule Log #07-033 [2224, 2228]; June 10, 2010 Secretary of State Rule Log #10-011 [2224; 2228; 2229; 2230]; March 15, 2017 Secretary of State Rule Log #17-006; June 10, 2022 Secretary of State Rule Log #22-017; 7/4/2024 Secretary of State Rule Log #24-025
STATUTORY AUTHORITY: 16 VSA §§ 16 VSA §§ 166, 175, 176, 176a, 828, 2958, 2973

Chapter 005 2300 LENGTH OF SCHOOL DAY AND YEAR - SPECIFIC PROGRAM REQUIREMENTS FOR PUBLIC SCHOOLS

22-005 Code Vt. R. 22-000-005-X 2300 LENGTH OF SCHOOL DAY AND YEAR - SPECIFIC PROGRAM REQUIREMENTS FOR PUBLIC SCHOOLS

Section 2310 Length of School Day and Year

Section 2311 School Year

Each public school shall be maintained and operated for 175 student days unless waivers are granted by the Board as provided by 16 VSA § 1071.

2311.1 Days lost because schools are closed for emergency reasons prior to February 1 of any year shall be rescheduled and made up during that school year when such closing will result in a schedule of less than 175 pupil attendance days for the year.

2311.2 Petitions for waivers of the 175 student attendance days shall be submitted to the Commissioner's office within 10 days as stipulated by law.

2311.3 Petitions received between February 1 and June 15 will be considered on a case-by-case basis. When a petition is sought for emergency reasons, the State Board will consider the school district's calendar to determine if a substantial number of contingency days were included, particularly if the cause is inclement weather conditions.

2311.4 School districts shall include no fewer than five contingency days as annual school calendars are developed and adopted.

2311.5 Day of Mourning. Whenever a National Day of Mourning falls on a regularly scheduled day of school, the day shall be counted as a full day of school.

Section 2312 Length of School Day

2312.1 Except as provided in Rule 2311. 5, the school day shall be:

(a) for kindergarten, a minimum of two instructional hours. However, in any calendar week, five school days may be counted if the total number of hours of instructional time is equal to or exceeds 10 hours per week.

(b) for grades 1-2, a minimum of four instructional hours including recess, excluding lunch. However, in any calendar week, five school days may be counted if the total number of hours of instructional time is equal to or exceeds 20 hours, including recess, excluding lunch.

(c) for grades 3-8, a minimum of 5 1/2 instructional hours, including recess, excluding lunch. However, in any calendar week, five school days may be counted if the total number of hours of instructional time is equal to or exceeds 27 1/2 hours, including recess, excluding lunch.

(d) for grades 9-12, a minimum of 5 1/2 instructional hours, exclusive of the time allowed for recess and lunch. However, in any calendar week, five school days may be counted if the total number of hours of instructional time is equal to or exceeds 27 1/2 hours, exclusive of the time allowed for recess and lunch.

2312.2 Exceptions to Length of School Day

(a) Where the board of school directors has found it necessary to delay the opening of the school day by up to two hours or to send the pupils home after school has begun due to emergencies such as the outbreak of a contagious disease, unsafe building conditions, hazardous weather, high water, unsafe highways, or a fire, the day may be counted as a full day of school.

(b) Upon request of the board of school directors, the Commissioner may permit alternate methods of counting the cumulative instructional hours set forth in subsection 2311.4 of this section where:

(1) overall, students do not lose instructional time;

(2) students do not lose transportation to and from school or to other educational programs during the school day;

(3) students do not lose access to related education programs such as technical or special education; and

(4) it is otherwise in the interests of the students and the district.

Section 2343 Vermont Secondary Equivalency Program

Students who receive a standard score of 35 or above on each of the five tests of the General Education Development Test and an average standard score of 45 on all five tests will be entitled to a Vermont secondary school equivalence certificate providing age and residence requirements are met.

Vermont regulations require that an applicant for this certificate offer satisfactory evidence of residence in this state and attain 18 years of age, or 16 years of age if the parent or guardian has given written consent, unless there are extenuating circumstances. Application should be made on a special form, available on request, to the State Department of Education.

2344-2350 (Vacant)

Section 2350 Driver and Traffic Safety Education Programs

A driver education program shall include an approved driver education course during regular school hours as a part of the offerings of the regular school-day program.
To be approved by the Department of Education, a driver education course must consist of at least 30 clock-hours of class instruction and at least 6 hours of behind-the-wheel instruction by a certified driver education instructor. No more than 2 hours of classroom instruction, and 1 hour of behind-the-wheel instruction shall be provided to a student in one day.

Courses provided by secondary schools for persons above high school age, who are unlicensed beginners, shall consist of at least 20 clock-hours of classroom instruction plus 6 or more clock-hours per student of behind-the-wheel instruction or its equivalent.

Unless the driver education course offered to persons not regularly enrolled in high school is the course approved by the Department of Education and the Department of Motor Vehicles in accordance with the state law, the instruction becomes a "driver training school" as defined in 23 VSA, Section 701, and the persons offering the course must be specially licensed pursuant to 23 VSA, Section 702. In either case, the instructor must have a valid instructor's license. None of the expenses for this adult program shall be included in the claims for reimbursement under the State High School Driver Education Program.
Behind-the-wheel instruction of pupils on the Interstate Highway System in Vermont shall be conducted only near the end of the required six clock-hours of in-car practice driving for each student.
Safety, insurance and other legal requirements shall be met according to 23 VSA, Section

Behind-the-wheel instruction of pupils on the Interstate Highway System in Vermont shall be conducted only near the end of the required six clock-hours of in-car practice driving for each student.

History

Effective Date: Not provided.
AMDENDED: January 25, 2006 (Secretary of State Rule Log # 06-002)
Statutory Authority: 16 V.S.A. §§ 164, 165, 241(A), 261(A), 1071

Chapter 006 SPECIAL EDUCATION RULES (2360-2369)

22-006 Code Vt. R. 22-000-006-X SPECIAL EDUCATION RULES (2360-2369)

Introduction.

INDIVIDUALS WITH DISABILITIES EDUCATION ACT 2004

The Individuals with Disabilities Education Act (IDEA), first enacted in 1975 and most recently revised in 2004, is a federal law governing how State provide accommodations, and services to support children and students with disabilities in their education.

IDEA is composed of four parts:

Part A - General Provisions

Part B - Assistance for Education of All Children with Disabilities (ages three through 21)
Part C - Infants and Toddlers with Disabilities (birth up to age three)
Part D - National Activities to Improve Education of Children with Disabilities

These Rules relate specifically to Part C and Part B of IDEA and also provide reference to other pertinent federal and State Rules governing special education in Vermont. Major Rules Sections are organized based on chronology:

(1) General - Vermont Special Education Rules

(2) Part C

Rules governing services to children birth up to age three

(3) Part B - Rules governing services to students ages three through 21

(4) Supplemental Rules Pertinent to Special Education and Section 504 of the Rehabilitation Act of 1975

GENERAL PROVISIONS OF VERMONT'S SPECIAL EDUCATION RULES

2360 SPECIAL EDUCATION

2360.1 Statement of Purpose.

These rules are designed to ensure that:

(a) Eligible Vermont students with disabilities have available to them a free appropriate public education that emphasizes special education and related services designed to meet their unique needs and prepare them for further education, employment, and independent living; in accordance with state and federal laws and regulations and in a cost-effective manner; and

(b) The rights of children with disabilities and their parents are protected.

2360.2 Free Appropriate Public Education (FAPE) (34 Code of Federal Regulations (C.F.R.) § 300.101).

These rules implement the Individuals with Disabilities Education Improvement Act (IDEA), as amended. These rules provide for the education of children and students between the ages of three through 21, inclusive, including children with disabilities who have been suspended or expelled from school, as provided for in Rule 4313. The Agency may use whatever State, local, federal, and private sources of support are available in the State to meet the requirements of this part. For example, if it is necessary to place a child with a disability in a residential facility, the State could use joint agreements between the agencies involved for sharing the cost of that placement. Nothing in this part relieves an insurer or similar third party from an otherwise valid obligation to provide or to pay for services provided to a child with a disability. Consistent with Rule 2363.1 the Agency shall ensure that there is no delay in implementing a child's IEP, including any case in which the payment source for providing or paying for special education and related services to the child is being determined.

2360.2.1 FAPE for children beginning at age three ( 34 C.F.R. § 300.101)

An eligible child shall be entitled to a free appropriate public education beginning no later than the child's third birthday and continuing, unless otherwise provided herein, through 21 years of age. An individualized education program (IEP), rather than an individualized family service plan (IFSP/One Plan), shall be in effect for an eligible child by his or her third birthday. If a child's third birthday occurs during the summer, the child's IEP team shall determine the date when services under the IEP will begin.

2360.2.2 FAPE for students who have graduated ( 34 C.F.R. § 300.102(a)(3))

A student who has graduated from high school with a regular high school diploma shall not be entitled to a FAPE. A student who has not yet graduated and whose entitlement to a FAPE ends because the upper age limit of eligibility is reached as described in Rule 2360.2, may be allowed to complete the remaining academic year with IEP team approval and approval from the Agency of Education.

2360.2.3 FAPE for students who have dropped out of school:

If a student drops out of school, that student may return at any time and request to be provided with a FAPE until the student graduates with a high school diploma or the student's entitlement to a FAPE ends because the upper age limit of eligibility is reached as described in Rule 2360.2.

2360.2.4 FAPE for children advancing from grade to grade ( 34 C.F.R. § 300.101(c))

Each LEA shall provide a FAPE to any individual child with a disability, who is eligible for special education, even though the child has not failed or been retained in a course or grade and is advancing from grade to grade. The determination that a child advancing from grade to grade may be eligible for special education shall be made on an individual basis by the child's Evaluation Planning Team (EPT) or IEP team.

2360.2.5 FA P E for students who are incarcerated in adult correctional facilities:

(a) For a person between the ages of 18 through age 21:

(1) If a person in his or her last educational placement before incarceration had not been identified as a child with a disability who was eligible for special education and did not have an IEP in place, the Department of Corrections will not be mandated to provide a FAPE.

(i) The Department of Corrections shall make reasonable efforts to obtain and review whatever information is needed to determine that the incarcerated individual has not been identified as a child eligible for special education and did not have an IEP in his or her last educational placement prior to incarceration in an adult correctional facility.

(2) A person who is incarcerated shall be entitled to a FAPE if:

(i) The person was provided services through an IEP before incarceration;

(ii) The person had been provided services through an IEP, had left school, then was incarcerated; or

(iii) The person had not been provided services through an IEP, but had been identified as a child with a disability who was eligible for special education.

(3) The following requirements do not apply to incarcerated students aged 18 through 21 ( 34 C.F.R. § 300.324) :

(i) The requirement to participate in state or district-wide assessment of student achievement programs; and

(ii) The IEP requirements for transition planning and transition services, if the inmate will reach the upper age limit for a FAPE before release from prison based on consideration of sentence and eligibility for early release.

(4) Modifications of IEP or placement.

(i) The IEP team may modify the student's IEP or placement if the Department of Corrections has demonstrated a bona fide security or other compelling interest that cannot otherwise be accommodated.

(ii) The LRE requirements of Rule 2364 do not apply to incarcerated students on IEPs.

(b) For incarcerated persons under the age of 18, the Department of Corrections shall ensure that at intake, a screening occurs to identify those who have a disability or who are suspected of having a disability and who are in need of special education. Those who are in need of special education shall be provided with an IEP and re-evaluations as prescribed under Rule 2362.

2360.2.6 Residential Placement ( 34 C.F.R. § 300.104)

If placement in a public or private residential program is necessary to provide special education and related services to a child with a disability, the program, including non-medical care and room and board, shall be at no cost to the parents of the child.

2360.2.7 Assistive Technology ( 34 C.F.R. § 300.105)

(a) Each LEA shall ensure that assistive technology devices or assistive technology services, or both, as those terms are defined in Rule 2361.1, are made available to a student with a disability if required as a part of the student's:

(1) Special education services under Rule 2360.2.12;

(2) Related services under Rule 2360.2.16; or

(3) Supplementary aids and services under Rules 2361.1.

(b) On a case-by-case basis, the use of school purchased assistive technology devices in a student's home or in other settings is required if the student's IEP team determines that the student needs access to those devices in those settings in order to receive FAPE ( 34 C.F.R. § 300.105(b)) .

(c) A plan to ensure that all instructional materials to be used are available in a usable alternative format which shall meet the National Instructional Materials Accessibility Standard (NIMAS); in accordance with Appendix C to part 300 of title 34 of the Code of Federal Regulations for each student with a disability in accordance with that student's IEP. Such material shall be delivered in a timely manner. A "timely manner" shall mean that schools will ensure that students with print disabilities have access to special instructional materials at the same time as students without print disabilities.

2360.2.8 Extended School Year Services ( 34 C.F.R. § 300.106)

Each LEA shall ensure that Extended School Year Services (ESY) are available as necessary to provide FAPE consistent with Rule 2363.7 and at no cost to the parents of the child.

2360.2.9 Non-academic services ( 34 C.F.R. § 300.107)

(a) Each LEA shall take steps including the provision of supplementary aids and services determined appropriate and necessary by the child's IEP team to provide non-academic and extra-curricular services and activities in the manner necessary to afford children with disabilities an equal opportunity for participation in those services and activities.

(b) Non-academic and extracurricular services and activities may include counseling services, athletics, transportation, health services, recreational activities, special interest groups or clubs sponsored by the LEA, referrals to agencies that provide assistance to individuals with disabilities, and employment of students, including both employment by the LEA and assistance in making outside employment available.

2360.2.10 Physical education ( 34 C.F.R. § 300.108)

Each LEA shall:

(a) Provide physical education services, specially designed if necessary, that shall be made available to every child with a disability receiving FAPE unless the LEA enrolls children without disabilities and does not provide physical education to children without disabilities in the same grades.

(b) Afford the opportunity to each eligible child to participate in the regular physical education program available to nondisabled children unless--

(1) The child is enrolled full time in a separate facility; or

(2) The child needs specially designed physical education as prescribed in the child's IEP.

(c) Special physical education. If specially designed physical education is prescribed in a child's IEP, the LEA responsible for the education of that child shall provide the services directly or make arrangements for those services to be provided through other public or private programs.

(d) Education in separate facilities. The LEA responsible for the education of an eligible child who is enrolled in a separate facility shall ensure that the child receives appropriate physical education services in compliance with this section.

2360.2.11 Program Options ( 34 C.F.R. § 300.110)

Each LEA shall ensure that children receiving special education have available to them the variety of educational programs and services available to nondisabled children in the LEA, including art, music, industrial arts, consumer and homemaking education, and vocational education.

2360.2.12 Special Education Services ( 34 C.F.R. § 300.39)

(a) Special education means specially designed instruction, at no cost to the parents, to meet the unique needs of a child with a disability, including instruction conducted in the classroom, in the home, in hospitals and institutions, and in other settings; and instruction in physical education. Specially designed instruction means adapting, as appropriate to the needs of an eligible child under this part, the content, methodology, or delivery of instruction to address the unique needs of the child that result from the child's disability, and to ensure access of the child to the general curriculum, so that the child can meet the educational standards within the State that apply to all children.

(b) Special education includes each of the following, if the services otherwise meets the requirements of subsection (a):

(1) Speech-language pathology services, or any other related service, if the service is considered special education rather than a related service under State standards;

(2) Travel training;

(3) Vocational education; and

(4) Co-teaching.

(1) At no cost means that all specially-designed instruction is provided without charge, but does not preclude incidental fees that are normally charged to nondisabled students or their parents as a part of the regular education program.

(2) Physical education means--

(i) The development of--

(A) Physical and motor fitness;

(B) Fundamental motor skills and patterns; and

(ii) Includes special physical education, adapted physical education, movement education, and motor development.

(3) Travel training means providing instruction, as appropriate, to children with significant cognitive disabilities, and any other children with disabilities who require this instruction, to enable them to--

(i) Develop an awareness of the environment in which they live; and

(ii) Learn the skills necessary to move effectively and safely from place to place within that environment (e.g., in school, in the home, at work, and in the community).

(4) Vocational education or technical education means organized educational programs that are directly related to the preparation of individuals for paid or unpaid employment, or for additional preparation for a career not requiring a baccalaureate or advanced degree.

(5) Co-teaching services is the delivery of special education services in the general education classroom provided jointly by the general education classroom teacher and a special education teacher.

(i) By selecting the co-teaching services model, the IEP team has determined that there is no compelling reason why the child's instruction cannot be provided jointly in the general education classroom. The general education classroom teacher shall be an active participant in IEP meetings.

(ii) The general education and special education teachers will review and document each child's progress towards course objectives and IEP goals.

(iii) Should a progress review at any grading period indicate that a child is in danger of failing a course or is not making satisfactory progress towards IEP goals, the IEP team shall meet immediately to:

(A) Determine continued co-teaching services or change of placement, and

(B) Revise the IEP as appropriate.

(iv) In order to offer co-teaching services, the LEA must complete a plan for implementation which includes continuous professional development and submit the plan to the Vermont Agency of Education for approval.

(d) To ensure successful post-secondary transition, transition services may be special education, if provided as specially designed instruction, or related services, if required to assist a student to benefit from special education.

(1) "Transition services" means a coordinated set of activities for a child with a disability that:

(i) Is designed to be within a results-oriented process, that is focused on improving the academic and functional achievement of the child with a disability, and to facilitate the child's movement from school to post-school activities, including post-secondary education, vocational education, integrated employment (including supported employment), continuing and adult education, adult services, independent living, or community participation;

(ii) Is based on the individual student's needs, taking into account the student's strengths, preferences, and interests; and includes:

(A) Instruction;

(B) Related services;

(D) The development of employment and other post-school adult living objectives; and

(E) If appropriate, acquisition of daily living skills and functional vocational evaluation.

2360.2.13 Personnel Qualifications

(a) The Vermont Agency of Education has established and maintains qualifications to ensure that personnel necessary to carry out this part are appropriately and adequately prepared and trained, including that those personnel have the content knowledge and skills to serve children with disabilities.

(b) Related services personnel and paraprofessionals: The qualifications under subsection (a) include qualifications for related services personnel and paraprofessionals that:

(1) Are consistent with any State-approved or State-recognized certification, licensing, registration, or other comparable requirements that apply to the professional discipline in which those personnel are providing special education or related services;

(2) Ensure that related services personnel who deliver services in their discipline or profession meet the requirements of subsection(1) and have not had certification or licensure requirements waived on an emergency, temporary, or provisional basis; and

(3) Allow paraprofessionals and assistants who are appropriately trained and supervised, in accordance with State law, regulation, or written policy, in meeting the requirements of this part to be used to assist in the provision of special education and related services to children with disabilities.

(c) Policy: In implementing this section, the Vermont Agency of Education has a policy that includes a requirement that responsible LEAs in the State take measurable steps to recruit, hire, train, and retain highly qualified personnel to provide special education and related services under this part to children with disabilities.

2360.2.14 Required Forms

The Secretary shall develop, make available, and publish a list of required and suggested special education forms for use by LEAs in implementing special education and related services. Responsible agencies shall use the special education forms, which the Secretary designates for required use. The forms provided by the Secretary shall not require more paperwork than is required by federal law and regulation.

2360.2.15 Use of Insurance ( 34 C.F.R. § 154.)

(a) Nothing in these regulations or the regulations implementing IDEA is intended to relieve an insurer, Medicaid, or other third party, from an otherwise valid obligation to provide or pay for services to a student who is eligible for special education. An LEA shall use funds from the State Medicaid reimbursement administrative special fund in accordance with 16 V.S.A. § 2959a(e).

(1) Children with disabilities who are covered by public insurance.

(i) An LEA may use the Medicaid or other public benefits or insurance programs in which a child participates to provide or pay for services required under IDEA Part B, as permitted under the public benefits or insurance program, except as provided in paragraph (1)(ii) of this section.

(ii) With regard to services required to provide FAPE to an eligible child under IDEA Part B, the LEA:

(A) May not require parents to sign up for or enroll in public benefits or insurance programs in order for their child to receive FAPE under these rules;

(B) May not require parents to incur an out-of-pocket expense such as the payment of a deductible or co-pay amount incurred in filing a claim for services provided pursuant to IDEA Part B, but pursuant to subsection (4)(ii) below may pay the cost that the parent otherwise would be required to pay;

Decrease available lifetime coverage or any other insured benefit;

Result in the family paying for services that would otherwise be covered by the public benefits or insurance program and that are required for the child outside of the time the child is in school;

Increase premiums or lead to the discontinuation of benefits or insurance; or
Risk loss of eligibility for home and community-based waivers, based on aggregate health-related expenditures; and

(D) Shall obtain informed written parental consent, consistent with Rule 2365.1.3 with notification to parents that the parents' refusal to allow access to their public benefits or insurance does not relieve the LEA of its responsibility to ensure that all required services are provided at no cost to the parents.

(2) Children with disabilities who are covered by private insurance.

(i) With regard to services required to provide FAPE to an eligible child under IDEA Part B, an LEA may access a parent's private insurance proceeds only if the parent provides informed written consent consistent with Rule 2365.1.3.

(ii) Each time the LEA proposes to access the parent's private insurance proceeds, the agency shall

(A) Obtain informed written parental consent consistent with (2)(i); and

(B) Inform the parents that their refusal to permit the LEA to access their private insurance does not relieve the LEA of its responsibility to ensure that all required services are provided at no cost to the parents.

(3) Use of Part B funds.

(i) If an LEA is unable to obtain parental consent to use the parent's private insurance, or public insurance when the parent would incur a cost for a specified service required under this part, to ensure FAPE the LEA may use its Part B funds to pay for the service.

(ii) To avoid financial cost to parents who otherwise would consent to use private insurance, or public insurance if the parent would incur a cost, the LEA may use its Part B funds to pay the cost that the parents otherwise would have to pay to use the parent's insurance (e.g., the deductible or co-pay amounts).

(4) Proceeds from public or private insurance.

(i) Proceeds from public or private insurance will not be treated as program income for purposes of 34 C.F.R. § 80.25, Education Agency General Administrative Regulations (EDGAR).

(ii) If an LEA spends reimbursements from federal funds (e.g., Medicaid) for services under IDEA Part B, those funds will not be considered "State or local" funds for purposes of the maintenance of effort provisions in 34 C.F.R. § 300.163 Maintenance of State Financial Support and § 300.203 Maintenance of Effort obligation for LEAs.

(5) Nothing in these rules should be construed to alter the requirements imposed on a State Medicaid agency, or any other agency administering a public insurance program by federal statute, regulations, or policy under title XIX, or title XXI of the Social Security Act, 42 U.S.C. § 1396 through § 1396.v and 42 U.S.C. § 1397aa through § 1397.jj, or any other public benefits or insurance program.

2360.2.16 Related Services ( 34 C.F.R. § 300.34)

(a) The term "related services" means transportation and such developmental, corrective, and other supportive services as are required to assist a child who requires special education services to benefit from his or her special education.

(b) Exception. Except as provided in Rule 2360.2.18, related services do not include a medical device that is surgically implanted, the optimization of device functioning, maintenance of the device, or the replacement of that device.

(c) A child will not be designated as a child who is eligible for special education, if the child needs only a related service, but not special education services.

(d) Related services shall include, but are not limited to:

(1) Audiology that includes:

(i) Identification of children with hearing loss;

(ii) Determination of the range, nature, and degree of hearing loss, including referral for medical or other professional attention for the habilitation of hearing;

(iii) Provision of habilitative activities, such as language habilitation, auditory training, speech reading (lip-reading), hearing evaluation, and speech conservation;

(iv) Creation and administration of programs for prevention of hearing loss;

(v) Counseling and guidance of children, parents, and teachers regarding hearing loss; and

(vi) Determination of children's needs for group and individual amplification, selecting and fitting an appropriate aid, and evaluating the effectiveness of amplification.

(2) Counseling services provided by qualified social workers, psychologists, guidance counselors, or other qualified personnel.

(3) Early identification and assessment of disabilities in children.

(4) Interpreting services, as used with respect to children who are deaf or hard of hearing, includes oral transliteration services, cued language transliteration services, sign language transliteration services, sign language interpreting services, transcription services, such as communication access real-time translation (CART), C-Print, and TypeWell, and special interpretive services for children who are deaf-blind.

(5) Medical services provided by a licensed physician to determine a child's medically related disability that results in the child's need for special education and related services.

(6) Occupational therapy is:

(i) Services provided by a qualified occupational therapist; and

(ii) Includes:

(A) Improving, developing, or restoring functions impaired or lost through illness, injury, or deprivation;

(B) Improving ability to perform tasks for independent functioning if functions are impaired or lost; and

(7) Orientation and mobility services are:

(i) Services provided to blind or visually impaired students by qualified personnel to enable those students to attain systematic orientation to and safe movement within their environments in school, home, and community; and

(ii) Travel training instruction, and teaching students the following, as appropriate:

(A) Spatial and environmental concepts and use of information received by the senses (such as sound, temperature, and vibrations) to establish, maintain, or regain orientation and line of travel (e.g., using sound at a traffic light to cross the street);

(B) The use of the long cane or a service animal to supplement visual travel skills or as a tool for safely negotiating the environment for students with no available travel vision;

(D) Other concepts, techniques, and tools.

(8) Parent counseling and training as follows:

(i) Assisting parents in understanding the special needs of their child;

(ii) Providing parents with information about child development; and

(iii) Helping parents to acquire the necessary skills that will allow them to support the implementation of their child's IEP or IFSP/One Plan.

(9) Physical therapy services provided by a qualified physical therapist.

(10) Psychological services as in:

(i) Administering psychological and educational tests, and other assessment procedures;

(ii) Interpreting assessment results;

(iii) Obtaining, integrating, and interpreting information about child behavior and conditions relating to learning;

(iv) Consulting with other staff members in planning school programs to meet the special educational needs of children as indicated by psychological tests, interviews, direct observation, and behavioral evaluations;

(v) Planning and managing a program of psychological services, including psychological counseling for children and parents; and

(vi) Assisting in developing positive behavioral intervention strategies.

(11) Recreation includes:

(i) Assessment of leisure function;

(ii) Therapeutic recreation services;

(iii) Recreation programs in schools and community agencies; and

(iv) Leisure education.

(12) Rehabilitation counseling services provided by qualified personnel in individual or group sessions that focus specifically on career development, employment preparation, achieving independence, and integration in the workplace and community of a student with a disability. The term also includes vocational rehabilitation services provided to a student with a disability by vocational rehabilitation programs funded under the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 701 et seq.

(13) School nurse services provided by a qualified school nurse, designed to enable a child with a disability to receive FAPE as described in the child's IEP.

(14) Social work services in schools include:

(i) Preparing a social or developmental history on a child with a disability;

(ii) Group and individual counseling with the child and family;

(iii) Working in partnership with parents and others on those problems in a child's living situation (home, school, and community) that affect the child's adjustment in school;

(iv) Mobilizing school and community resources to enable the child to learn as effectively as possible in his or her educational program; and

(v) Assisting in developing positive behavioral intervention strategies.

(15) Transportation includes:

(i) Travel to and from school and between schools;

(ii) Travel in and around school buildings; and

(iii) Specialized equipment (such as special or adapted buses, lifts, and ramps), if required to provide special transportation for a child with a disability.

(16) Speech-language pathology services include:

(i) Provision of speech and language services for the habilitation or prevention of communicative impairments; and

(ii) Counseling and guidance of parents, children, and teachers regarding speech and language impairments.

(17) Transition services may be related services, if required to assist a child to benefit from special education.

2360.2.17 Individual Education Programs (IEP) ( 34 C.F.R. § 300.112)

An IEP shall be developed, reviewed, and revised for each child with a disability consistent with Rule 2363.

2360.2.18 Routine checking of hearing aids and external components of surgically implanted medical devices ( 34 C.F.R. § 300.113)

(a) Hearing Aids

(1) Each LEA shall ensure that hearing aids worn in school by children with hearing impairments, including deafness, are functioning properly.

(b) Surgically Implanted Devices

(1) Each LEA shall ensure that the external components of surgically implanted medical devices are functioning properly.

(2) LEAs are not responsible for the post-surgical maintenance, programming, or replacement of the medical device that has been surgically implanted or of an external component of the surgically implanted medical device.

2360.3 Child Find ( 34 C.F.R. § 300.111) .

(a) All children and students with disabilities, regardless of the severity of their disability, residing within the State, including children and students with disabilities who are homeless or are in State custody or are vulnerable adults, or are attending independent schools or enrolled in home study, and who are in need of special education and related services shall be identified, located and evaluated.

(b) LEAs are responsible for establishing and implementing a comprehensive Child Find system for children and students from birth through 21 years of age.

(1) Except for students who are parentally placed in independent elementary and secondary schools outside of the LEA of residence, the LEAs are responsible for ensuring Child Find for all students who reside within the LEA.

(2) For students ages five through 21 who are parentally placed in independent elementary and secondary schools outside their LEA of residence, the LEA where the independent school is located shall have Child Find responsibility.

(3) For children birth up to age three, the LEA may fulfill its Child Find responsibility by developing and maintaining a regional agreement with a Children's Integrated Services/Early Intervention (CIS/EI) program or other entities.

(c) Each LEA shall ensure that public notification is given before conducting any significant activity that is designed to identify, locate, and evaluate children and students ages birth through 21. In addition, the AOE shall provide a public notice in major newspapers to inform parents that the information gathered shall be treated confidentially.

(1) All notices shall be available in the native languages of the major population groups within the State; and

(2) The notices shall indicate that information obtained during "Child Find" shall remain confidential for all children and students as required in Rule 2365.2 "Confidentiality of Information and Student Records"; and

(3) The notices shall contain a description of the children or students about whom personally identifiable information is maintained, the types of information sought, the methods the State intends to use in gathering the information (including the sources from whom information is gathered), and the uses to be made of the information; and

(4) The notices shall contain a summary of the policies and procedures that participating agencies shall follow regarding storage, disclosure to third parties, retention, and destruction of personally identifiable information; and

(5) The notices shall contain a description of the Family Educational Rights and Privacy Act of 1974 (34 C.F.R., Part 99) and implementing regulations.

(d) Each LEA shall annually inform the public regarding the availability of early intervention for children from birth up to age three and special education services for children or students ages three through 21, including:

(1) Children or students who are not enrolled in school;

(2) Children or students attending independent schools or who are enrolled in home study programs;

(3) Children or students who are suspected of having a disability even though they are advancing from grade to grade;

(4) Children or students who are highly mobile such as migrant children; and

(5) Children or students who are homeless or in State custody or who are vulnerable adults.

(e) In addition to posting notices in major newspapers, notification activities may also include the posting of notices on websites, fliers in various locations such as physicians' offices and health centers, radio or television announcements, and community outreach.

(f) Each LEA shall act as a primary referral source to identify, locate, and screen children who may be in need of early intervention services and refer identified children to regional CIS/EI programs. Children who are found to be typically developing based on screening results shall not be considered identified children requiring referral.

(1) For children birth up to age three, the Child Find system shall employ specific elements of public awareness, screening, and referral to regional CIS/EI programs.

(2) For children birth up to age three, the LEA shall act at as a primary referral source and notify regional CIS/EI programs of children who may be in need of a comprehensive multidisciplinary initial evaluation to determine eligibility for Part C services.

(3) For children birth up to age three, the Coordinator of the State's Part C CIS/EI program shall forward to the AOE an annual child count of children being served under Part C.

(g) Each LEA shall identify, locate, and evaluate all children and students, who may be eligible for special education and related services, ages three through 21 residing within the jurisdiction of the responsible agency.

(1) Annually each LEA shall submit to the AOE, in the specified electronic format, data requested regarding children and students ages three through 21 who have been found eligible for special education under the IDEA.

2360.4 Reserved.

PART C VERMONT RULES GOVERNING SERVICES TO CHILDREN BIRTH UP TO AGE THREE

Part C of the Individuals with Disabilities Education Act (IDEA) Serving Children from Birth Up to Age Three

2360.5 Part C Early Intervention Services.

In Vermont, Part C of IDEA is referred to as Children's Integrated Services/Early Intervention (CIS/EI) and is responsible for the provision of early intervention services for eligible children birth up to their third birthday. Part B of IDEA requires LEAs to provide FAPE to eligible children and students from their third birthday through 21 years of age, whereas Part C of IDEA does not require the provision of FAPE. The Agency of Education (AOE) and the Agency of Human Services (AHS) serve as co-lead agencies in Vermont for the implementation of early intervention services under Part C of IDEA.

2360.5.1 Part C and CIS/EI Definitions

(a) The following definitions apply to Vermont CIS/EI for use in implementing the State's early intervention program:

(1) Child means an individual under the age of six.

(2) CIS/EI, the acronym for Children's Integrated Services/Early Intervention (CIS/EI), provides services under Part C of IDEA and is a federally mandated system of early intervention services for children birth up to age three with developmental delays or medical conditions that may lead to developmental delays.

(3) Consent means:

(i) Parent(s) has been fully informed of all information relevant to the activity for which consent is sought, in the parent's native language;

(ii) Parent(s) understands and agrees in writing to the carrying out of the activity for which the parent's consent is sought, and the consent form describes that activity and lists the early intervention records (if any) that will be released and to whom they will be released;

(iii) Parent(s) understands that the granting of consent is voluntary on the part of the parent, and may be revoked at any time; and

(iv) If a parent revokes consent, that revocation is not retroactive (i.e., it does not apply to an action that occurred before the consent was revoked).

(4) Day means calendar day, unless otherwise indicated.

(5) Developmental Delay is defined as an observable and measurable delay as determined by state approved diagnostic instruments, other appropriate measures including observations, medical records or other records deemed necessary and procedures, emphasizing the use of informed clinical opinion. The delay must be defined in one or more of the following areas: cognitive; communication; adaptive; physical, including vision and hearing; and social or emotional development.

(6) Essential Early Education (EEE) is IDEA Part B Early Childhood Special Education services for children ages three up to six. Special education and related services are provided by LEAs to ensure children receive age appropriate services within inclusive early childhood settings, including the child's home, to the extent possible.

(7) Evaluation of the Child and Assessment of the Child and Family:

(i) Evaluations are procedures used by qualified personnel to determine a child's initial and continuing eligibility under these Rules, consistent with the definition of child with a disability.

(ii) Initial Evaluation determines a child's initial eligibility for Part C services and must be completed within the 45-day timeline from date of referral.

(iii) Assessment is an ongoing process, by qualified personnel, to identify the child's unique strengths and needs and the early intervention services appropriate to meet those needs throughout the period of the child's eligibility.

(8) Early Intervention Records are records pertaining to a child receiving services that are required to be collected and maintained pursuant to IDEA Part C.

(9) Early Intervention Services are developmental services provided to a child with a disability that:

(i) Are provided under public supervision;

(ii) Are selected in collaboration with the parents;

(iii) Are provided at no cost, except where the system of payments policy includes fees;

(iv) Are designed to meet the developmental needs of a child with a disability and the needs of the family to assist appropriately in the child's development as identified in the following areas: physical, cognitive, communication, social, emotional, or adaptive development;

(v) Meet the standards of the State in which the early intervention services are provided, including the requirements of Part C of the IDEA;

(vi) Are provided by qualified personnel;

(vii) Are provided in natural environments to the maximum extent appropriate; and

(viii) Are provided in accordance with the IFSP/One Plan as defined in these Rules.

(10) Early Intervention Service Provider is referred to as "provider," in these rules and means an entity (whether public, private, or nonprofit) or an individual that provides services under Part C of the IDEA, whether or not the entity or individual receives federal funds under Part C of the IDEA.

(11) Educational Surrogate Parent is an individual appointed by the AOE to ensure the rights of the child and student are protected when:

(i) The parents of the child or student are not known or cannot be located after reasonable efforts;

(ii) The child or student is in state custody through the Department of Children and Families or has a public guardian appointed by a Vermont court ( 18 V.S.A. §§ 9301-9316); or

(iii) The child or student is an unaccompanied homeless youth as defined in § 725.(6) of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. § 11434a(6)) ( 34 C.F.R. § 300.519(a)(4) )

(12) Individualized Family Service Plan (IFSP/One Plan) is a written plan for providing early intervention services to a child with a disability and the child's family that:

(i) Is based on evaluation and assessment results;

(ii) Includes content required as described in these rules;

(iii) Is implemented as soon as possible once parental consent for the early intervention services in the IFSP is obtained; and

(iv) Is developed in accordance with the IFSP procedures set forth in Rule 2360.5.6.

One Plan refers to Vermont's revised IFSP and meets all IDEA Part C requirements.

(13) Informed Clinical Opinion makes use of qualitative and quantitative information to assist in forming a determination regarding difficult-to-measure aspects of current developmental status and the potential need for early intervention. Qualified personnel must use informed clinical opinions when conducting an evaluation and assessment of the child in order to make a recommendation as to initial and continuing eligibility for services under Part C and as a basis for planning services to meet child and family needs.

(14) Method, Length, Frequency and Intensity, and Duration:

(i) Method means how a service is provided (i.e., whether the service is provided through consultation, family education, and/or direct service);

(ii) Length means the length of time the service is provided during each session of that service (such as an hour or other specified time period);

(iii) Frequency and intensity mean the number of days or sessions that a service will be provided, and whether the service is provided on an individual or group basis; and

(iv) Duration means projecting when a given service will no longer be needed (such as when the child is expected to achieve the results or outcomes in his or her IFSP/One Plan).

(15) Multidisciplinary is the involvement of two or more separate disciplines or professions with respect to:

(i) Evaluation of the child and assessments of the child and family may include one individual who is qualified in more than one discipline or profession; and

(ii) Multidisciplinary IFSP/One Plan Team must include the involvement of the parent and two or more individuals from separate disciplines or professions, one of whom must be the Service Coordinator.

(16) Native Language with respect to an individual who has limited English proficiency, means:

(i) The language normally used by that individual, or, in the case of a child, the language normally used by the parents of the child; and

(ii) For evaluations and assessments conducted, the language normally used by the child, if determined developmentally appropriate for the child by qualified personnel conducting the evaluation or assessment.

Native language, when used with respect to an individual who is deaf or hard of hearing, blind or visually impaired, or for an individual with no written language, means the mode of communication that is normally used by the individual (such as sign language, Braille, or oral communication).

(17) Natural Environments are settings that are typical for a same aged child without a disability and may include the home or community settings.

(18) Parent means:

(i) A biological or adoptive parent of a child or student; when attempting to act as the parent and when more than one party is qualified to act as a parent, must be presumed to be the parent unless the biological or adoptive parent does not have legal authority to make educational or early intervention services decisions for the child or student;

(ii) A foster parent, or developmental home provider who has been appointed the educational surrogate parent by the Vermont Educational Surrogate Parent Program; or

(iii) A guardian generally authorized to act as the child's or student's parent, or authorized to make early intervention, education, health or developmental decisions for the child or student (but not the State if the child or student is a ward of the State);

(iv) An individual acting in the place of a biological or adoptive parent (including a grandparent, stepparent, or other relative) with whom the child or student lives, or an individual who is legally responsible for the child or student's welfare;

(v) An educational surrogate parent who has been appointed by the Agency of Education; or

(vi) If a judicial decree or order identifies a specific individual to act as the "parent" of a child or student or to make educational decisions on behalf of a child or student, then such individual shall be determined to be the "parent" for purposes of this section, except that the LEA that provides education or care for the child or student may not act as the parent.

(19) Personally Identifiable Information is information that includes:

(i) The name of the child, the child's parent, or other family member;

(ii) The address of the child;

(iii) A personal identifier, such as the child's or parent's social security number; or

(iv) A list of personal characteristics or other information that would make it possible to identify the child with reasonable certainty, such as the child's date of birth or disability.

(20) Qualified Personnel are individuals who have met State approved or recognized certification, licensing, registration, or other comparable requirements that apply to the areas in which the individuals are conducting evaluations or assessments or providing early intervention services. Vermont State approved early interventionists shall hold at least a bachelor's degree in early childhood or a related field and meet any other current requirements.

(21) Screening is a process using State approved screening tools and appropriate methods implemented by qualified personnel and/or primary referral source to identify, at the earliest possible age, a child suspected of having a developmental delay and/or disability and in need of an initial evaluation.

(22) Service Coordination is a service provided by a Service Coordinator to assist a child and the child's family to receive early intervention services and parental rights. Each eligible child and the child's family must be provided with a Service Coordinator who is responsible for coordinating all services across agency lines and serving as the single point of contact in helping parents to obtain the services and assistance they need. Service coordination is an active, ongoing process that involves:

(i) Assisting parents of eligible children in gaining access to, and coordinating the provision of the early intervention services; and,

(ii) Coordinating other services identified in the IFSP/One Plan that are needed by, or being provided to, the child with a disability and their family.

Specific Service Coordination activities include:

(A) Conducting the family assessment, including interviewing the family;

(B) Collecting information on the child's development, including observations of the child;

(C) Assisting parents of eligible children in obtaining access to needed early intervention services and other services identified in the IFSP/One Plan, including making referrals to providers for needed services and scheduling appointments for eligible children and their families;

(D) Coordinating the provision of early intervention services and other services (such as educational, social, and medical services that are not provided for diagnostic or evaluative purposes) that the child needs or is being provided;

(E) Coordinating evaluations and assessments;

(F) Facilitating and participating in the development, review, and evaluation of IFSP/One Plans;

(G) Conducting referral and other activities to assist families in identifying available providers;

(H) Coordinating, facilitating, and monitoring the delivery of services to ensure that the services are provided in a timely manner;

(I) Conducting follow-up activities to determine that appropriate Part C services are being provided;

(J) Informing families of their parental rights, and related resources;

(K) Coordinating the funding sources for services; and

(L) Facilitating the development of a transition plan to EEE or, if appropriate, to other services.

(23) Specialized Instruction is defined as:

(i) The designing of learning environments and activities that promote the child's acquisition of skills in a variety of developmental areas, including cognitive processes and social interaction;

(ii) Curriculum and intervention planning, including the planned interaction of personnel, materials, time, and space that leads to achieving the outcomes in the IFSP/One Plan;

(iii) Providing families with information, skills, and support related to enhancing the development of the child; and

(iv) Working with the child to enhance the child's development.

(24) Ward of the State is a child who, as determined by the State where the child resides, is:

(i) A foster child, unless the child has a foster parent who meets the definition of a parent.

(ii) A ward of the State; or

(iii) In the custody of a public child welfare agency.

2360.5.2 Public Awareness and Child Find (C.F.R. §§ 303.300 - 303.303; § 303.311)

(a) By way of the Vermont Part C Interagency Agreement for the provision of Early Intervention Services, the role and responsibilities of regional CIS/EI programs and LEAs shall be detailed and maintained in a regional agreement. LEAs shall act as a primary referral source and participating partner to ensure the provision of early intervention services under IDEA Part C. Each regional CIS/EI program shall serve as the central point of referral for children ages birth up to three years of age who may require early intervention services.

(1) Vermont's comprehensive Part C Child Find system includes policies and procedures that are coordinated with all other major efforts to locate and identify children by other State agencies responsible for administering the various health, social service programs, and education to ensure all children who may be eligible for services under Part C are identified, located, and evaluated including:

(i) Native American children residing on a reservation geographically located in the State;

(ii) Children who are homeless, in foster care, or wards of the State; and

(iii) Children who are the subject of a substantiated case of child abuse or neglect; or identified as directly affected by illegal substance abuse or withdrawal symptoms resulting from prenatal drug or alcohol exposure.

(2) Regional CIS/EI programs and LEAs shall engage in public awareness and Child Find activities to identify children and their families who may be in need of early intervention services. Regional CIS/EI programs shall prepare, describe, and disseminate materials and information for parents on the availability of early intervention services to all primary referral sources, especially hospitals and physicians.

(3) Vermont's comprehensive referral procedures ensure all children who may be eligible for early intervention services are referred as soon as possible, but in no case more than seven days after the child has been identified for referral. Primary referral sources include but are not limited to:

(i) Hospitals, including prenatal and postnatal care facilities;

(ii) Physicians;

(iii) Parents;

(iv) Childcare programs and early learning programs;

(v) Local Education Agencies (LEA) Child Find efforts that are coordinated between regional CIS/EI programs and LEAs so that:

(A) Each LEA shall act as a primary referral source to locate and screen children who may be suspected of having a developmental delay and/or disability and in need of an initial evaluation to determine eligibility for Part C services. Based on screening results, children who are found to be typically developing do not require a referral for an initial evaluation;

(B) LEAs may employ specific elements of screening;

(C) LEAs shall notify local CIS/EI programs of all children who may be in need of an initial comprehensive multidisciplinary evaluation for eligibility under Part C;

(vi) Public health facilities and social service agencies;

(vii) Other clinic and health care providers;

(viii) Public agencies and staff in the child welfare system including child protection agencies and foster care services and providers;

(ix) Homeless family shelters; and

(x) Domestic violence shelters and agencies.

(4) Specific referral procedures shall be followed for at-risk children who have been identified as the subject of a substantiated case of child abuse or neglect; or is identified as directly affected by illegal substance or alcohol abuse or withdrawal symptoms resulting from prenatal exposure. (C.F.R § 303.303 ).

2360.5.3 Screening (C.F.R. §§ 303.320, 303.421, 303.420)

(a) As co-lead agencies, AOE and AHS have adopted procedures outlined in the Part C Interagency Agreement and are specified in regional CIS/EI and LEA agreements, to conduct screenings for children under the age of three suspected of having a disability and may be in need of early intervention services. For children with established diagnosed conditions set forth in § 2360.5.5 screening is not necessary because records establish that the child has a disability and is eligible for Part C services. For children undergoing the screening process, and based on regional agreements, the following must occur:

(1) Provide the parent notice of the intent to screen the child to identify whether the child is suspected of having a disability and include in that notice a description of the parent's right to request an initial evaluation at any time during the screening process;

(2) Parental consent is obtained prior to conducting screening; and

(3) Notice must be provided to the parent if the screening or other available information indicates the child is suspected of having a disability.

(b) The 45day timeline begins upon receipt of referral to the regional CIS/EI program. CIS/EI must appoint a service coordinator and contact the family within two working days of referral.

(c) CIS/EI will review and/or conduct a screening, and if warranted, an initial evaluation of the child and assessment of the child and family. The IFSP/One Plan meeting must be held within 45 days from the date the regional CIS/EI program receives the referral for the child.

(d) If the child is not suspected of having a disability, the CIS/EI provider must ensure that written notice of that determination is provided to the parent, and that the written notice describes the parent's right to request an evaluation.

(e) If the parent of the child requests and consents to an evaluation at any time during the screening process, evaluation of the child must be conducted, even if the CIS/EI provider has determined that the child is not suspected of having a disability.

(f) Screening procedures are activities that are jointly developed in regional agreements and carried out by the regional CIS/EI provider and/or LEA to identify, at the earliest possible age, a child suspected of having a disability and in need of early intervention services; and include the administration of State approved screening tools and methods by qualified personnel.

(g) Condition for Evaluation or Early Intervention Services: For every child under the age of three referred to the regional CIS/EI program or screened in accordance with this section, CIS/EI will:

(1) Provide an evaluation for any child suspected of having a disability or if the parent requests an evaluation even if the child is not suspected of having a disability, and/or

(2) Offer early intervention services to any child who meets the State definition of a child with a disability.

2360.5.4 Evaluation of the Child and Assessment of the Child and Family ( 34 C.F.R. § 303.321)

(a) CIS/EI must ensure that, subject to obtaining written parental consent, each child under the age of three referred for evaluation or early intervention services and suspected of having a disability, receives:

(1) An eligibility determination based on a timely, comprehensive, multidisciplinary evaluation for initial and/or on-going eligibility and that no single procedure is used as the sole criterion for determining a child's eligibility; or

(2) An eligibility determination based on the child's medical and other records, if those records indicate that the child's level of functioning in one or more of the developmental areas constitutes an observable and measurable developmental delay, and as a result, the child is determined eligible as a child with a diagnosed physical or mental condition that has a high probability of resulting in a developmental delay.

(b) Once the child's eligibility has been established through an initial evaluation of the child and/or through the use of medical or other records, the initial assessment of the child must be conducted by qualified personnel so that the child receives:

(1) A multidisciplinary assessment of the unique strengths and needs of the child and the identification of services appropriate to meet those needs;

(2) A voluntary family-directed assessment of the resources, priorities, and concerns of the family and the identification of the supports and services necessary to enhance the family's capacity to meet the developmental needs of the child. The assessments of the child and family may occur simultaneously with the evaluation to determine initial and/or continuing eligibility and services appropriate to meet the child's needs.

(1) Evaluation means the procedures used by qualified personnel to determine a child's initial and continuing eligibility. An initial evaluation refers to the child's evaluation to determine his or her initial eligibility.

(2) Assessment means the ongoing procedures used by qualified personnel to identify the child's unique strengths and needs and the early intervention services appropriate to meet those needs throughout the period of the child's eligibility and includes the assessment of the child, and the assessment of the child's family. Initial assessment refers to the assessment of the child and the family assessment conducted prior to the child's first IFSP/One Plan meeting.

(3) All evaluations and assessments of the child and family must be conducted by qualified personnel in a nondiscriminatory manner and be selected and administered so as not to be racially or culturally discriminatory.

(4) All evaluations and assessments of a child and family must be conducted in the native language of the child and family members being assessed, unless it is clearly not feasible to do so.

(5) Qualified personnel must use informed clinical opinion when conducting an evaluation and assessment of the child. In addition, the regional CIS/EI programs must ensure that informed clinical opinion may be used as an independent basis to establish a child's eligibility under this part even when other instruments do not establish eligibility; however, in no event may informed clinical opinion be used to negate the results of evaluation instruments used to establish eligibility.

2360.5.4.1 Procedures for Evaluation of the Child

(a) An evaluation of the child must be conducted by qualified personnel in a nondiscriminatory manner, selected and administered so as not to be racially or culturally discriminatory in order to determine the child's initial or continuing eligibility. In conducting a multidisciplinary evaluation, no single procedure may be used as the sole criterion for determining a child's eligibility under this part.

(1) The evaluation of the child must include the following:

(i) Administering a State approved diagnostic instrument;

(ii) Documenting the child's history (including interviewing the parent);

(iii) Identifying the child's level of functioning in each of the developmental areas;

(iv) Gathering information from other sources such as family members, other caregivers, medical providers, social workers, and educators, if necessary, to understand the full scope of the child's unique strengths and needs; and

(v) Reviewing medical, educational, or other records.

2360.5.4.2 Procedures for Initial and Ongoing Assessment of the Child

An assessment of each child with a disability must be conducted by qualified personnel in order to identify the child's unique strengths and needs and the early intervention services appropriate to meet those needs. The assessment of the child must include the following:

(a) A review of the results of the evaluation conducted;

(b) Personal observations of the child; and

2360.5.4.3 Procedures for Assessment of the Family

A family-directed assessment must be conducted by qualified personnel in order to identify the family's resources, priorities, and concerns and the supports and services necessary to enhance the family's capacity to meet the developmental needs of the family's child with a disability.

The family-directed assessment must:

(a) Be voluntary on the part of each family member participating in the assessment;

(b) Be based on information obtained through an assessment tool and also through a routines-based interview with those family members who elect to participate in the assessment; and

(c) Include the family's description of its resources, priorities, and concerns related to enhancing the child's development.

2360.5.5 Eligibility ( 34 C.F.R. § 303.21)

(a) Child with a disability means a child under three years of age who needs early intervention services because:

(1) The child is experiencing an observable and measurable developmental delay, as measured by State approved diagnostic instruments and procedures, in one or more of the following areas:

(i) Cognitive development;

(ii) Physical development, including vision and hearing;

(iii) Communication development;

(iv) Social or emotional development;

(v) Adaptive development.

(2) The child has a diagnosed physical or mental condition that:

(i) Has a high probability of resulting in developmental delay; and

(ii) Includes conditions such as, but not limited to, chromosomal abnormalities; genetic or congenital disorders; sensory impairments; inborn errors of metabolism; disorders reflecting disturbance of the development of the nervous system; congenital infections; severe attachment disorders; disorders secondary to exposure to toxic substances, including fetal alcohol syndrome; and severe complications at birth.

(b) For the purposes of this part, 'developmental delay' is defined as a clearly observable and measurable delay in one or more developmental areas (as stated above) and the delayed development shall be at the level that the child's future success in home, school or community cannot be assured without the provision of early intervention services.

(1) A CIS/EI multidisciplinary team, including parents, shall determine a child's eligibility to receive early intervention services.

(2) The child's file or IFSP/One Plan shall clearly document participants involved and the evaluation and procedures used to inform the eligibility determination and provision of early intervention services.

(d) Intrastate and Interstate Transfer Eligibility

(1) A child determined eligible for early intervention services in one CIS/EI region who relocates to another CIS/EI region continues to be eligible for services without need for another evaluation or determination of eligibility.

(2) For a child who relocates to Vermont from another State and who has previously been found eligible to receive early intervention services in that State, the regional CIS/EI team shall review Part C eligibility requirements from the sending State as well as any records forwarded to the regional CIS/EI program in order to determine if the child may be eligible under Vermont's Part C eligibility requirements. If additional evaluations are warranted to determine the child's eligibility in Vermont, written parental consent must be obtained prior to any evaluations being conducted.

(e) Determination that a Child is Not Eligible

If, based on the initial evaluation, the regional CIS/EI team determines that a child is not eligible under this part, the regional CIS/EI team must provide the parent with prior written notice regarding this determination, and include in the notice information about the parent's right to dispute the eligibility determination through dispute resolution mechanisms under Rule 2365.

2360.5.6 Individualized Family Service Plan (IFSP)/One Plan ( 34 C.F.R. §§ 303.340-303.346)

The regional CIS/EI programs shall ensure the development, review, and implementation of an IFSP/One Plan. The plan shall be developed by a multidisciplinary team, which includes the parent for each eligible child. Changes or revisions to the plan must be a team decision.

2360.5.6.1 IFSP/One Plan Meetings and Reviews

(a) For a child referred to and subsequently found eligible for the Part C program, a meeting to develop the initial IFSP/One Plan must be conducted within 45 days of receipt of the initial referral to Part C.

(b) On at least an annual basis, a meeting shall be conducted to evaluate and revise as appropriate, the IFSP/One Plan for the child and the child's family. The results of any current evaluation and other information available from the assessments of the child and family shall be used in determining the early intervention services that are needed and will be provided.

(c) A periodic review of the IFSP/One Plan for a child and the child's family shall occur at least every six months, or more frequently if needed, or requested by the family. The six month review need not take place at a formal meeting but may occur through other means that are acceptable to the parents and other participants. The purpose of the six-month review is to determine:

(1) Progress made toward achieving the outcomes identified in the IFSP/One Plan, and

(2) Whether modification or revision of the outcomes or services is needed.

(d) IFSP/One Plan meetings shall be:

(1) Held at least annually;

(2) Held in settings and at times that are accessible and convenient for families;

(3) Held in the native language of the family or other mode of communication used by the family, unless it is clearly not feasible to do so;

(4) Arranged with, and written notice provided to, the family and other participants early enough before the meeting date to ensure that they will be able to attend;

(5) Attended at minimum by:

(i) The parent(s) of the child; and

(ii) The service coordinator.

(6) Also attended by or otherwise include the participation of:

(i) Other family members, as requested by the family;

(ii) An advocate or person outside the family as requested by the family;

(iii) The person(s) directly involved in the evaluation and assessment process; and

(iv) As appropriate, the person(s) who will be providing services to the child and/or the family.

(7) Participation may include:

(i) Sharing information through a telephone call and making pertinent records available; and

(ii) Having a knowledgeable authorized representative attend the meeting.

2360.5.6.2 Contents of IFSP/One Plan

The contents of the IFSP/One Plan shall be fully explained to parents and shall include the following:

(a) A statement of the child's present levels of physical development (including vision, hearing, and health status), cognitive development, communication development, social or emotional development, and adaptive development based upon the information from that child's evaluation, assessments, and other relevant records.

(b) With the concurrence of the family, a statement of the family's resources, priorities, and concerns related to enhancing the development of the child as identified through the assessment of the family;

(c) A statement of the measurable results or measurable outcomes expected to be achieved for the child (including pre and early literacy and language skills, as developmentally appropriate for the child) and family; and the criteria, procedures, and timelines used to determine:

(1) The degree to which progress toward achieving the outcomes identified in the IFSP/One Plan is being made; and

(2) Whether modifications or revisions of the expected outcomes or services identified in the IFSP/One Plan are necessary.

(d) A statement of the specific early intervention services, based on peer reviewed research (to the extent practicable), that are necessary to meet the unique needs of the child and the family to achieve the results or outcomes, including the:

(1) Method of how a service is provided (i.e., whether the service is provided through consultation, family education, and/or direct service);

(2) Length of time the service is provided during each session of that service (such as an hour or other specified time period);

(3) Frequency and intensity (i.e., the number of days and/or sessions that a service will be provided and whether the service is provided on an individual or group basis); and

(4) Projection of the duration of a given service (such as when the child is expected to achieve desired outcomes as stated on his or her IFSP/One Plan).

(e) A statement that each early intervention service shall be provided in the natural environment, to the maximum extent appropriate for the child. If early intervention services cannot be provided within the natural environment for the child, the IFSP/One Plan team (which includes the parent and other team members) shall make a determination of the appropriate setting and include a justification for not providing services within the natural environment.

(f) The location of services (the actual place or places where a service will be provided);

(g) The payment arrangements, if any;

(h) Other services needed, but not required by Part C of the IDEA. To the extent appropriate, the IFSP/One Plan must:

(1) Identify medical and other services that the child or family needs or is receiving through other sources, but that are not required or funded by Part C of the IDEA; and

(2) If those services are not currently being provided, include a description of the steps the Service Coordinator or family may take to assist the child and family in securing those other services;

(i) The projected dates for initiation of each early intervention service, which shall be as soon as possible after the parent consents to that service, and not more than 30 days from receipt of written consent by CIS/EI;

(j) The anticipated duration of each early intervention service;

(k) The name of the Service Coordinator responsible for implementing the early intervention services identified in the child's IFSP/One Plan, including transition services, and coordination with other agencies and persons;

(l) The steps and services to be taken to support the transition of the child from regional CIS/EI services to Part B EEE services to the extent that those services are appropriate, or to other appropriate services (e.g., early childhood community-based settings and services, etc.). The steps for transition must include:

(1) Discussions with, and training of, parents, as appropriate, regarding future placements and other matters related to the child's transition;

(2) Procedures to prepare the child for changes in service delivery, including steps to help the child adjust to, and function in, a new setting;

(3) Confirmation that Child Find information about the child has been transmitted to the LEA and the State CIS/EI office for transmission to the AOE;

(4) With written parental consent, transmission of other information about the child to the LEA, to ensure continuity of services, including a copy of the most recent evaluation and assessments of the child and family and the most recent IFSP/One Plan; and

(5) Identification of transition services and other activities that the IFSP/One Plan team determines are necessary to support the transition of the child.

2360.5.6.3 Interim IFSP/One Plan Provision of Services Before Evaluation and Assessment Completion ( 34 C.F.R. § 303.345)

(a) Early intervention services for an eligible child and the child's family may begin before the completion of the initial evaluation and assessment if the following conditions are met:

(1) Informed, written parental consent is obtained;

(2) An interim IFSP/One Plan is developed that includes:

(i) The name of the Service Coordinator who will be responsible for implementing the interim IFSP/One Plan and coordinating with other agencies and persons; and

(ii) The early intervention services that have been determined to be needed immediately by the child and the child's family; and

(3) The initial evaluation and assessment and IFSP/One Plan meeting are completed within 45 days of referral.

2360.5.6.4 Responsibility and Accountability ( 34 C.F.R. § 303.346)

Each participating agency that has a direct role in the provision of early intervention services is responsible for making a good faith effort to assist each eligible child in achieving the outcomes in the child's IFSP/One Plan. However, Part C of the IDEA does not require that any participating agency be held accountable if an eligible child does not achieve the growth projected in the child's IFSP/One Plan.

2360.5.7 Notifications of Transition at Age Three (C.F.R. § 303.209)

AOE and AHS have developed policies and procedures that are also included in the Part C Interagency Agreement to ensure a smooth and effective transition for children with disabilities and their families who transition from Part C services to Part B services at age three.

(a) Regional CIS/EI Notification to LEA of Children Potentially Eligible for EEE at Age Three: Between six months and 90 days before the child's third birthday, the regional CIS/EI program will provide written notification (child's name, date of birth, and parent name, address, and telephone number) to the LEA where the child resides that the child on his/her third birthday will reach the age of eligibility for services under IDEA Part B and the IFSP/One Plan team has determined the child is 'potentially eligible' for EEE services.

(1) Potentially Eligible, for the purposes of transition at age three, is determined by the IFSP/One Plan team within six months of a child's third birthday. Evidence is based on on-going assessment measures and use of a State approved diagnostic instrument. A child shall be considered potentially eligible for EEE services if the child demonstrates at least a 25% delay in one or more of the following developmental domains:

(i) Speech and language development (receptive and/or expressive communication; including articulation, fluency, and/or voice);

(ii) Adaptive development;

(iii) Social or emotional development;

(iv) Physical development including gross or fine motor skills; and/or

(v) Cognitive skills such as perception, memory, processing, and reasoning.

(b) Regional CIS/EI Notification to Part C State Office: Between six months and 90 days before the child's third birthday, the regional CIS/EI program will provide written notification (child's name, date of birth, and parent name, address, and telephone number) to the Part C State office only for children who are receiving Part C services and who may be potentially eligible for services under Part B.

(c) Part C State Notification: Between six months and not fewer than 90 days before the child's third birthday, the Part C State office will provide written notification (child's name, date of birth, and parent name, address, and telephone number) to the AOE for children who are receiving Part C services and who are considered potentially eligible for services under Part B. The Part C State office will report this information monthly to the AOE.

2360.5.8 Late Referral Procedures

(a) If the regional CIS/EI program determines that a child is eligible for early intervention services more than 45 days but fewer than 90 days before that child's third birthday the regional CIS/EI must provide transition notification to the LEA where the child resides as soon as possible.

(b) If the regional CIS/EI program determines that a child is eligible for early intervention services more than 45 days but fewer than 90 days before that child's third birthday the regional CIS/EI must provide transition notification as soon as possible to the Part C State office after determining eligibility.

(c) The Part C State office will provide written notification as soon as possible to the AOE for all children determined eligible for early intervention services more than 45 days but fewer than 90 days before their third birthday.

(d) If a child is referred to the regional CIS/EI program fewer than 45 days before their third birthday, the regional CIS/EI program is not required to conduct an initial evaluation, assessment, or initial IFSP meeting. If that child may be potentially eligible for Part B services, the regional CIS/EI, with parental consent, must refer the child to the LEA where the child resides.

(e) If a child is referred to the regional CIS/EI program fewer than 45 days before his/her third birthday and may be potentially eligible for Part B services, the regional CIS/EI program must notify, with parental consent, the Part C State office, LEA, and AOE as soon as possible.

(f) With parental consent, the Part C State office will provide written notification as soon as possible to the AOE for all children referred fewer than 45 days before their third birthday and who may be potentially eligible for Part B services.

2360.5.9 Transition Conference (C.F.R. § 303.209)

(a) The AOE and AHS shall ensure that regional CIS/EI and LEA representatives participate in transition planning conferences for those children who are considered potentially eligible for Part B EEE services at age three.

(1) With family approval, the regional CIS/EI shall conduct a transition conference for a child with disabilities who is receiving Part C services and who will be exiting the Part C program not fewer than 90 days, and at the discretion of all parties not more than nine months, before the child's third birthday to discuss any services the child may receive under Part B EEE services.

(2) Prior to or at the transition conference, families will be provided information about parental rights and procedural safeguards for Part B.

(3) If a child is not potentially eligible for Part B EEE services, with the family's approval, the regional CIS/EI program shall make reasonable efforts to convene a conference with the family and community-based providers to discuss other appropriate services that the child may receive.

(4) The transition conference must include the regional CIS/EI IFSP/One Plan providers, the family of the child, and an LEA representative.

(5) The transition conference or meeting to develop the transition plan must meet the IFSP/One Plan meeting requirements and that the transition conference and the IFSP/One Plan meeting may be combined.

(b) Procedures for Transition Plan:

AOE and AHS shall ensure that regional CIS/EI and LEA representatives participate in transition planning conferences for children who may be potentially eligible for Part B EEE services. The family's service coordinator is responsible for initiating and scheduling the transition planning conference.

(1) The IFSP/One Plan team, inclusive of the family, shall develop the transition plan and include steps and services to be taken to support the smooth transition of the child from Part C to Part B.

(2) The IFSP/One Plan team shall develop a transition plan, as part of a child's IFSP/One Plan, not fewer than 90 days, but at the discretion of all parties up to nine months, prior to the third birthday for all children exiting Part C. The transition plan shall include the following steps and services:

(i) A review of program options for the child for the period from the child's third birthday through the remainder of the school year;

(ii) Discussion with and training of parents, as appropriate, regarding future options and other matters related to the child's transition;

(iii) Procedures to prepare the child for changes in service delivery, including steps to help the child adjust to and function in a new setting; and

(iv) Identification of transition services and other activities that the IFSP/One Plan Team determines are necessary to support the transition of the child.

2360.5.10 Eligibility for EEE Services at Age Three

(a) In order to ensure a seamless and effective transition for children with disabilities who receive Part C services and are potentially eligible for Part B services, the AOE will ensure that the LEA provides each child entering Part B EEE services from Part C services an Individualized Education Plan (IEP) developed and implemented by the child's third birthday. The IEP shall include all required components as listed in Rule 2363.7.

(b) If a child's birthday occurs during the summer, the child's IEP team shall develop the IEP prior to the end of the current school year in order to have the IEP in effect at the beginning of the new school year. If it is necessary for the child to receive uninterrupted services over the summer months, the IEP team shall determine the date when services begin.

(c) A child shall be eligible for EEE services at age three, if the child received consistent (e.g., one 60 minute intervention session per week) specialized instruction, developmental therapy services, or speech and language services through an IFSP/One Plan and the child:

(1) Demonstrates a 25% developmental delay, as measured by ongoing assessment and use of a State approved diagnostic instrument, administered by qualified professionals, in one or more of the following developmental domains:

(i) Speech and language development (receptive and/or expressive communication; including articulation, fluency, and/or voice);

(ii) Adaptive development;

(iii) Social or emotional development;

(iv) Physical development, including gross or fine motor skills; and/or

(v) Cognitive skills such as perception, memory, processing, and reasoning; or

(2) The child has a medical condition which may result in significant delays by the child's sixth birthday, and the school-based Evaluation Planning Team (EPT) has determined that the child is in need of Part B EEE services.

(d) For the purposes of this section, "medical condition" means a condition diagnosed by a licensed physician such as but not limited to autism, cerebral palsy, Down syndrome, attention deficit disorder with hyperactivity that may result in significant delays by the child's sixth birthday.

(e) If the child previously received Part C services, a meeting notice of the initial IEP meeting will be sent to the CIS/EI Part C service coordinator, or other CIS/EI service representative at the request of the parent.

(f) For all children who transition from CIS/EI Part C services to Part B EEE services, the IEP team must consider the IFSP/One Plan content when developing the initial IEP (including the natural environments statement).

2360.5.10.1 Part C Records Forwarded to LEA:

Within 90 days of the child's third birthday and with parental consent, copies of the following IFSP/One Plan records shall be sent to the LEA where the child resides:

(a) A signed consent from the parent to release identifying information to the LEA;

(b) Evaluation and procedures used to determine child's potential eligibility for Part B EEE services;

(d) Pertinent ongoing assessment reports and contact notes.

2360.5.10.2 Consent for Part B Placement and the Initial Provision of Part B Services

For children who transition to Part B EEE services, the parent shall be asked to sign consent for:

(a) Their child's placement under Part B for the period of time between the age of three and the date the initial evaluation under Part B is completed.

(1) The initial consent for evaluation and placement under Part B shall occur when the child's initial evaluation under Part C expires after three years or sooner if requested by the parent or LEA.

(b) Consent for the initial provision of IEP services.

2360.6 Records.

(a) Children's Integrated Services/Early Intervention (CIS/EI) records shall be the property of the co-lead agencies, the AOE and AHS. The child's record at the CIS/EI Program shall be the central record for children referred for early intervention services. Records at the CIS/EI Program shall contain the following:

(1) Record of Access;

(2) Consents for Release of Information;

(3) Consent for Evaluation;

(4) Documentation that parental rights have been given in writing and explained;

(5) Evaluation reports or summaries used to determine eligibility;

(6) Eligibility form;

(7) Written notice of IFSP/One Plan meetings;

(8) All of the child's IFSPs/One Plans;

(9) Information related to IFSP/One Plan reviews; and

(10) Information related to transition planning.

(b) Additional components of the child's record (e.g., summary reports, on-going assessment, evaluation summary, etc.) may be maintained by service providers and copies must be provided to regional CIS/EI Program as part of the child's permanent record.

2360.7 Procedural Safeguards.

If a parent disagrees with the decisions made by the IFSP/One Plan team the parent may pursue any of the dispute resolution options set forth in Rule 2365.

PART B VERMONT RULES GOVERNING SERVICES TO CHILDREN AGES THREE THROUGH 21

Part B of the Individuals with Disabilities Education Act (IDEA) Serving Children and Students Ages Three through 21

2361 PART B -- SERVING CHILDREN/STUDENTS AGES THREE THROUGH 21:

IDEA Part B in Vermont is categorized into two distinct age groups. Children ages three through age five are served through Essential Early Education/Early Childhood Special Education (EEE/ECSE). The second age group, ages six through 21 are students served through the LEA where the student resides.

2361.1 Part B Definitions.

The following definitions shall apply to terminology used throughout Part B of these rules:

(a) Accommodations. Accommodations mean those evaluation procedures, curricula, materials or programmatic adaptations, behavior management interventions, and supplemental aids and services that are necessary for an eligible student to benefit from his or her general education or to participate in non-academic or extra-curricular activities.

(b) Adaptive behavior skills. Adaptive behavior skills are the skills essential to independent functioning, personal responsibility, and social responsibility.

(c) Assistive Technology device. Assistive technology device means any item, piece of equipment, or product system, whether acquired commercially off the shelf, modified, or customized, that is used to increase, maintain, or improve the functional capabilities of a child with a disability. The term does not include a medical device that is surgically implanted, or the replacement of such device.

(d) Assistive technology service. Assistive technology service means any service that directly assists a child with a disability in the selection, acquisition, or use of an assistive technology device. The term includes:

(1) The evaluation of the needs of a child with a disability, including a functional evaluation of the child in the child's customary environment;

(2) Purchasing, leasing, or otherwise providing for the acquisition of assistive technology devices by children with disabilities;

(3) Selecting, designing, fitting, customizing, adapting, applying, maintaining, repairing, or replacing assistive technology devices;

(4) Coordinating and using other therapies, interventions, or services with assistive technology devices, such as those associated with existing education and rehabilitation plans and programs;

(5) Training or technical assistance for a child with a disability and/or, if appropriate, that child's family; and

(6) Training or technical assistance for professionals (including individuals providing education or rehabilitation services), employers, and/or other individuals who provide services to, employ, or are otherwise substantially involved in the major life functions of that child.

(e) Basic skills. Basic skills are those skills enumerated in Rule 2362.

(f) Child. Child means an individual under the age of six and may include an infant or toddler ages birth to three with a disability

(g) Child in state custody. A "child in state custody" means a child placed in custody pursuant to Chapters 49 and 55 of Title 33. A "child in state custody" shall be afforded all rights and protections as a "ward of the State" as provided in 20 U.S.C. § 1401(36).

(h) Child with a disability. In this document, "child with a disability" is a child who has been found eligible for special education and related services consistent with the process found in Rules 2361 and 2362.

(i) Consent. Consent means that:

(1) The parent has been fully informed of all information relevant to the activity for which consent is sought, in his or her native language, or other mode of communication;

(2) The parent understands and agrees in writing to the carrying out of the activity for which his or her consent is sought, and the consent describes that activity and lists the records (if any) that will be released and to whom; and

(3) The parent understands that the granting of consent is voluntary on the part of the parent and may be revoked at any time.

(4) If a parent revokes consent, that revocation is not retroactive (i.e., it does not negate an action that has occurred after the consent was given and before the consent was revoked).

(j) Core curriculum. Core curriculum means English, reading or language arts, mathematics, science, foreign languages, civics and government, economics, arts, history, geography, and physical education which have instructional approaches that are based on scientifically validated research supporting the curriculum's effectiveness and demonstrate a high probability of success for a majority of students.

(k) Day. Whenever a limit of "days" appears within these regulations, the following definitions shall apply:

(1) "Day" is defined as a calendar day, unless stated to be "business day" or "school day".

(2) "Business day" means weekdays, excluding federal and State holidays, unless the latter are specifically included.

(3) "School day" means any day, including partial days, when children attend school for instructional purposes. The term school day has the same meaning for all children in school, including children with and without disabilities.

(l) Educational Surrogate Parent is an individual appointed by the AOE to ensure the rights of the child and student are protected when:

(1) The parents of the child or student are not known or cannot be located after reasonable efforts;

(2) The child or student is in state custody through the Department of Children and Families or has a public guardian appointed by a Vermont court ( 18 V.S.A. §§ 9301-9316); or

(3) The child or student is an unaccompanied homeless youth as defined in § 725.(6) of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. § 11434a(6)) ( 34 C.F.R. § 300.519(a)(4) )

(m) Eligibility. See Rule 2360.5.5 for children under three years of age. See Rule 2361 for children ages three through five. See Rule 2362 for children and students ages six through 21.

(n) Evaluation. Evaluation means procedures used in accordance with Rule 2362 with the following exception: The screening of a student by a teacher or specialist to determine appropriate instructional strategies for curriculum implementation shall not be considered to be an evaluation for eligibility for special education and related services.

(o) Evaluation Planning Team (EPT). -Evaluation Planning Team means a group of individuals including the parent that is responsible for developing an evaluation plan and reviewing the results to determine if a student is or continues to be eligible for special education and related services. The membership requirements are the same as those outlined for the IEP team in Rule 2363.3.

(p) Extended School Year Services (ESY). The term extended school year services means special education and related services that are provided to a child with a disability beyond the normal school year of the LEA in accordance with the child's IEP and State standards and at no cost to the parents of the child.

(q) Functional Performance. Functional performance is the acquisition of essential and critical skills needed for children with disabilities to learn specific daily living, personal, social, and employment skills, or the skills needed to increase performance and independence at work, in school, in the home, in the community, for leisure time, and for postsecondary and other lifelong learning opportunities.

(r) Free Appropriate Public Education (FAPE). A FAPE means special education and related services that:

(1) Are provided at public expense, under public supervision and direction, and without charge to the parent or student;

(2) Meet the standards of the State, including the requirements of Part B of the IDEA and include preschool, elementary school, or secondary school education; and

(3) Are provided in conformity with an individualized education program (IEP) that meets the requirements of Rule 2363.

(s) Highly Qualified Special Education Teachers. Highly Qualified Special Education Teachers shall meet one of the following:

(1) Requirements for special education teachers teaching core academic subjects. For any public elementary or secondary school special education teacher teaching core academic subjects, the term highly qualified means that the special education teacher shall carry an endorsement appropriate to the assignment and shall meet the content knowledge requirements for the highest grade level of the students who receive primary instruction from the teacher.

(2) Requirements for special education teachers in general.

(i) When used with respect to any public elementary school or secondary school special education teacher, highly qualified requires that:

(A) The teacher has obtained full State certification as a special education teacher (including certification obtained through alternative routes to certification), and holds a license to teach in the State as a special education teacher;

(B) The teacher does not have provisional special education certification or licensure; and

(ii) A teacher will be considered to meet the standard in paragraph (2)(i) of this section if that teacher is participating in an alternative route to special education certification program under which:

(A) The teacher:

Receives high-quality professional development that is sustained, intensive, and classroom-focused in order to have a positive and lasting impact on classroom instruction, before and while teaching;
Participates in a program of intensive supervision that consists of structured guidance and regular ongoing support for teachers or a teacher mentoring program;
Assumes functions as a teacher only for a specified period of time not to exceed three years; and
Demonstrates satisfactory progress toward full certification as prescribed by the State of Vermont.

(t) Homeless children. Homeless children means individuals who lack a fixed, regular, and adequate nighttime residence; and includes:

(1) Children and youth who are sharing the housing of other persons due to loss of housing, economic hardship, or a similar reason; are living in motels, hotels, trailer parks, or camping grounds due to the lack of alternative adequate accommodations; are living in emergency or transitional shelters; are abandoned in hospitals; or are awaiting foster care placement;

(2) Children and youth who have a primary night-time residence that is a public or private place not designed for, or ordinarily used as, a regular sleeping accommodation for human beings;

(3) Children and youth who are living in cars, parks, public spaces, abandoned buildings, substandard housing, bus or train stations, or similar settings; and

(4) Migratory children who qualify as homeless because the children are living in circumstances described in sections (1) through (3).

(u) Individualized Education Program. Individualized Education Program or IEP means a written statement for a child with a disability that is developed, reviewed, and revised in accordance with Rule 2363.

(v) Individualized Education Program Team. Individualized education program team or IEP team means a group of individuals described in Rule 2363 that is responsible for developing, reviewing, or revising an IEP for a child with a disability.

(w) Limited English Proficient. Limited English Proficient means an individual, aged three through 21, who is enrolled or preparing to enroll in an elementary school or secondary school; and who meets one of the following criteria:

(1) Who was not born in the United State or whose native language is a language other than English; or

(2) Who is a Native American or Alaska Native, or a native resident of the outlying areas; and

(i) Who comes from an environment where a language other than English has had a significant impact on the individual's level of English language proficiency; or

(ii) Who is migratory, whose native language is a language other than English, and who comes from an environment where a language other than English is dominant; and

(iii) Whose difficulties in speaking, reading, writing, or understanding the English language may be sufficient to deny the individual:

(A) The ability to meet the proficient level of achievement on State assessments;

(B) The ability to successfully achieve in classrooms where the language of instruction is English; or

(x) Local Education Agency. Local Education Agency (LEA) means the supervisory union unless there is a unanimous vote at a supervisory union meeting that the supervisory union will only coordinate special education services on behalf of member districts in which case the LEA is the local school district ( 16 V.S.A. § 261a(6)) .

(y) Local Education Agency Plan (LEAP). The Vermont Agency of Education has established a goal of providing full educational opportunity to all children with disabilities and a detailed timetable for accomplishing that goal. Each LEA assures its commitment to that goal by submitting its LEAP consistent with SBE Rule 1311.

(z) Meeting. A meeting is a session held for the development or review of a child's evaluation plan, eligibility determination, or an IEP. A meeting does not include informal or unscheduled conversations involving school personnel and conversations on issues such as teaching methodology, lesson plans, or coordination of service provision. A meeting also does not include preparatory activities in which school personnel might engage to develop a proposal or response to a parent proposal that will be discussed at a later meeting.

(aa) Native language. Native language, when used with respect to an individual who is limited English proficient, means the following:

(1) The language normally used by that individual, or, in the case of a child, the language normally used by the parents of the child, except as provided in subsection (aa)(2).

(2) In all direct contact with a child (including evaluation of the child), the language normally used by the child in the home or learning environment.

(3) For an individual with deafness or blindness, or for an individual with no written language, the mode of communication normally used by the individual (such as sign language, Braille, or oral communication).

(bb) Parent means:

(1) A biological or adoptive parent of a child or student; when attempting to act as the parent and when more than one party is qualified to act as a parent, must be presumed to be the parent unless the biological or adoptive parent does not have legal authority to make educational or early intervention services decisions for the child or student;

(2) A foster parent, or developmental home provider who has been appointed the educational surrogate parent by the Vermont Educational Surrogate Parent Program; or

(3) A guardian generally authorized to act as the child's or student's parent, or authorized to make early intervention, education, health, or developmental decisions for the child or student (but not the State if the child or student is a ward of the State);

(4) An individual acting in the place of a biological or adoptive parent (including a grandparent, stepparent, or other relative) with whom the child or student lives, or an individual who is legally responsible for the child's or student's welfare;

(5) An educational surrogate parent who has been appointed by the Agency of Education; or

(6) If a judicial decree or order identifies a specific individual to act as the "parent" of a child or student or to make educational decisions on behalf of a child or student, then such individual shall be determined to be the "parent" for purposes of this section, except that the LEA that provides education or care for the child or student may not act as the parent.

(cc) Personally identifiable. Personally identifiable means information that contains:

(1) The name of the child, the child's parent, or other family member;

(2) The address of the child;

(3) A personal identifier, such as the child's social security number or student number; or

(4) A list of personal characteristics or other information that would make it possible to identify the child with reasonable certainty.

(dd) Print disability. Print disability means a condition related to blindness, visual impairment, specific learning disability, or other physical condition in which the student needs an alternative or specialized format (i.e. Braille, large print, audio, digital text, etc.), in order to access and gain information from conventional printed instructional materials.

(ee) Related services. Related services means developmental, corrective, and other supportive services as are required to assist a student with a disability to benefit from special education and includes speech-language pathology, audiology services, interpreting services, psychological services, physical therapy, occupational therapy, counseling services, including rehabilitation counseling services, orientation, transportation and mobility services, medical services as defined in this section, parent counseling and training, school health services, school nurse services, school social work, assistive technology services, appropriate access to recreation, including therapeutic recreation, other appropriate developmental or corrective support services, and other appropriate support services and includes the early identification and assessment of disabling conditions in students as described in Rule 2360.2.16.

(ff) Scientifically based research. Scientifically based research means research that involves the application of rigorous, systematic, and objective procedures to obtain reliable and valid knowledge relevant to education activities and programs; and includes research that:

(1) Employs systematic, empirical methods that draw on observation or experiment;

(2) Involves rigorous data analyses that are adequate to test the stated hypotheses and justify the general conclusions drawn;

(3) Relies on measurements or observational methods that provide reliable and valid data across evaluators and observers, across multiple measurements and observations, and across studies by the same or different investigators;

(4) Is evaluated using experimental or quasi-experimental designs in which individuals, entities, programs, or activities are assigned to different conditions and with appropriate controls to evaluate the effects of the condition of interest, with a preference for random-assignment experiments, or other designs to the extent that those designs contain within-condition or across-condition controls;

(5) Ensures that experimental studies are presented in sufficient detail and clarity to allow for replication or, at a minimum, offer the opportunity to build systematically on their findings; and

(6) Has been accepted by a peer-reviewed journal or approved by a panel of independent experts through a comparably rigorous, objective, and scientific review.

(gg) Services plan. Services plan means a written statement that describes the special education and related services the LEA will provide to a parentally-placed child, grades K-12, with a disability enrolled in an independent school or in a registered home school, who has been designated to receive services, including the location of the services and any transportation necessary, and is developed and implemented in accordance with Rule 2367.

(hh) Special education services. As defined in Rule 2360.2.12.

(ii) Student. For the purpose of this document, the term "student" shall refer to individuals ages six through 21 years of age, inclusive.

(jj) Supplementary aids and services. Supplementary aids and services means aids, services, and other supports that are provided in general education classes, other education-related settings, and in extracurricular and nonacademic settings, to enable children with disabilities to be educated with nondisabled children to the maximum extent appropriate in the least restrictive environment.

(kk) Universal design. The term "universal design", as provided in the Assistive Technology Act of 2004, means a concept or philosophy for designing and delivering products and services that are usable by people with the widest possible range of functional capabilities, which include products and services that are directly accessible (without requiring assistive technologies) and products and services that are interoperable with assistive technologies.

(ll) Vulnerable adult in State custody. For purposes of these rules, "vulnerable adult in State custody" is a student who is 18 through 21 years of age and for whom guardianship authority to make educational decisions on behalf of the student has been granted by a court to the Commissioner of the Department of Disabilities, Aging and Independent Living pursuant to Chapter 215 of Title 18. A vulnerable adult in State custody meets the definition of, and shall be afforded, all rights and protections as a "ward of the State" pursuant to 20 U.S.C. § 1401(36).

(mm) Ward of the State. All rights and protections as a "ward of the State" pursuant to 20 U.S.C. § 1401(36) shall be afforded to a "child in State custody" or a "vulnerable adult in State custody" as those terms are defined in this section.

2361.2 Essential Early Education (EEE) Eligibility of Children Age Three Years Through Five.

Essential Early Education (EEE) is IDEA Part B Early Childhood Special Education (ECSE) services for children ages three through five, inclusive. Special education and related services are provided by LEAs to ensure children receive age appropriate services within inclusive early childhood settings, including the child's home, to the extent possible.

(a) A child under age three may be eligible for placement in Part B under IDEA on or up 90 days prior to their third birthday if the LEA determines the child meets criteria set forth in Part C Rule 2360.5.10.

(1) If the child is eligible for Part B, an IEP must be developed by the child's third birthday.

(2) Given parental consent under Rule 2363.8, a child shall receive ECSE services from the period of time between initiation of services up to their three-year evaluation date. The three-year evaluation date is three years from the date of initial eligibility determination under Part C CIS/EI as written in the child's One Plan.

(3) Before the three-year evaluation date is due, the LEA shall conduct and complete an initial comprehensive evaluation under Part B using ECSE eligibility criteria.

(b) A child age three years through five years shall be eligible for EEE services if the child meets at least one of the following:

(1) After the Evaluation Planning Team (EPT) reviews the results of the comprehensive evaluation and concludes that the child has a disability caused by a developmental delay and the child is in need of early childhood special education services; or

(2) The child has a medical condition which may result in significant delays, and the child is in need of early childhood special education services; or

(3) For a child enrolled in kindergarten, the EPT may consider using eligibility criteria for children ages six through 21 (school age) pursuant to Rule 2362, including the determination of a disability, adverse effect on educational performance, and need for special education.

(c) For the purposes of this section, "medical condition" means a condition diagnosed by a licensed physician such as, but not limited to, autism, cerebral palsy, Down Syndrome, or attention deficit disorder with hyperactivity that may result in significant delays by the child's sixth birthday.

(d) For the purposes of this section, "developmental delay" is determined through a comprehensive evaluation as measured by at least two appropriate assessment measures, one of which must be a standardized diagnostic instrument. Other measures may include, but are not limited to, observation of a child's function across daily routines and settings, interview with teachers, family, and/or caregivers, review of ongoing assessment, and, if warranted, a functional behavior assessment. To meet developmental delay criteria a child must demonstrate at least one of the following:

(1) A 40% delay in one or more developmental domains; or

(2) A 25% delay in two or more developmental domains; or

(3) A 2.0 standard deviation at, or below the mean (2nd percentile) in one or more developmental domains; or

(4) A 1.5 standard deviation at, or below the mean (7th percentile) in two or more developmental domains.

(e) Developmental Domains are defined as:

(1) Speech and language development including receptive and/or expressive communication, articulation, fluency, and/or voice;

(2) Adaptive development (self-help skills);

(3) Social or emotional development;

(4) Physical development including gross or fine motor skills; or

(5) Cognitive skills such as perception, memory, processing, and reasoning.

(f) The administration of any assessments shall be in compliance with the evaluation requirements set forth in Rule 2362.2.1.

(g) The percentage delay in a child's performance on a norm referenced assessment may be measured by dividing the child's age equivalent score in months by the child's actual age in months, and then multiplying the quotient by 100. The result is then subtracted from 100 to determine the child's percentage of delay.

(h) If the EPT has determined the child eligible to receive special education and related services an IEP shall be written within 30 days of the eligibility determination.

(i) The content of the child's IEP shall be as set forth in Rule 2363.7. For a preschool age child, the IEP shall address how the child's disability affects his/her access to and participation in age appropriate activities.

2361.3 Educational Placement in the Least Restrictive Environment (LRE) ( 34 C.F.R. § 300.115) .

(a) At all times, a child's LRE placement must be based on their unique abilities and needs, and must provide the opportunity for a meaningful educational benefit. In determining the educational placement of a preschool child with a disability, each LEA shall provide a full continuum of placement options and ensure that:

(1) Placement decisions (provision of early childhood special education and related services) shall be made by the IEP team in conformity with the provisions regarding placement in the least restrictive environment set forth in Rule 2364, and

(2) The child's educational placement shall be:

(i) Determined at least annually;

(ii) Based on the child's IEP;

(iii) In as close proximity as possible to the child's home; and

(iv) Based on consideration of community-based early care and education settings, such as public or private Universal Prekindergarten Education (UPK) classrooms, private childcare, Head Start or as appropriate for the child, within the home.

(A) A child may receive ECSE services in a State-approved public or private prequalified UPK program. The LEA may, but is not required to, provide ECSE services outside of the LEA, even if the child is enrolled in an out-of-district UPK program.

(B) All public and private UPK programs shall adhere to applicable federal and state laws including, but not limited to, IDEA Part B; Section 504 of the Rehabilitation Act of 1973; the Americans with Disabilities Act (ADA); Title VII of the Civil Rights Act of 1964; Vermont's Act 166 of 2014; SBE Rule Series 2600; and the Vermont Agency of Human Services (AHS), Child Development Division (CDD) licensing regulations.

(C) For children who are enrolled in public or private UPK programs and receive ECSE services, the UPK program shall allow access to ECSE service providers and permit announced and unannounced visits by representatives of AOE, AHS, and school district staff.

2361.4 Transition for Children Moving into Kindergarten.

(a) In order to ensure a smooth transition to kindergarten, the IEP team shall:

(1) Meet three to six months prior to the child's entrance into kindergarten to ensure that the child's IEP is ready to be implemented at the beginning of the school year. The child's re-evaluation date is determined three years from the child's evaluation date as stated on the child's current IEP.

(2) Include in the meeting the parents of the child with a disability, a kindergarten teacher in the school the child will be attending, and a special education teacher or other school representative from the LEA who is:

(i) Knowledgeable about the LEA's resources;

(ii) Qualified to provide or supervise the provision of specially designed instruction to meet the unique needs of children with disabilities; and

(iii) Knowledgeable about the general education curriculum.

(iv) Other individuals with knowledge or special expertise regarding the child may be included in the meeting.

2361.5 IEP Content.

The content of the child's IEP shall be as set forth in Rule 2363.7. For a preschool age child, the IEP shall address how the child's disability affects their access to and active participation in age appropriate activities within the LRE. The IEP present levels of performance, goals, and objectives shall align with the following early childhood outcome areas:

(a) Positive Social and Emotional Skills and Relationships;

(b) Acquisition and Use and Knowledge and Skills; and

2362 ELIGIBILITY FOR CHILDREN AGES SIX YEARS THROUGH 21 ( 34 C.F.R. § 300.306)

(a) A child shall be eligible for special education if:

(1) He or she has one or more of the disabilities described in Rule 2362.1;

(2) Except for the disability categories of Deaf-Blindness and Specific Learning Disability, the disability results in an adverse effect on the child's educational performance in one or more of the basic skill areas as described in subsection (g), below; and

(3) The student needs special education services to access and benefit from his or her educational program and this support cannot be provided through the educational support system, standard instructional conditions or supplementary aids and services provided in the school.

(b) The three criteria listed in subsection (a) above shall also be applied at the time the student receives a re-evaluation to determine eligibility.

(c) A formal evaluation process, documented in a report as required by Rule 2362.2.6, shall be used to determine whether the above criteria are met.

(d) Adverse Effect.

(1) In this section, "adverse effect" and to "adversely affect" are used interchangeably and mean to have a negative impact on the basic skills areas. This impact does not need to be substantial, significant, or marked. It is more than a minor or transient hindrance, evidenced by findings and observations based on data sources and objective assessments with replicable results. An adverse effect on educational performance does not include a developmentally appropriate characteristic of age/grade peers in the general population.

(2) The EPT must identify areas of adverse effect due to disability in the basic skills areas using a range of diagnostic and performance data appropriate to the student where the disability category requires a finding of adverse effect. The EPT and IEP team will consider academic and nonacademic aspects of the child's functioning.

(3) The documentation of adverse effect on educational performance must also substantiate that the educational deficiencies persist or will persist over time in spite of specific alternative strategies that are provided within the general education setting. The EPT should document evidence that scientific, research-based interventions have been implemented with fidelity. The EPT will consider these efforts and their impact when determining adverse educational performance.

(e) A child may not be determined to be eligible under these rules if the determinant factor for that eligibility decision is lack of instruction in reading, including the essential components of reading instruction (phonemic awareness, phonics, fluency including oral reading skills, vocabulary development, reading comprehension strategies), or math, or limited English proficiency; and the child does not otherwise meet the eligibility criteria of these rules.

(f) If a child has a disability that results in an adverse effect on his or her educational performance in one or more of the basic skills, the EPT shall, in the following order:

(1) Consider the interventions, services, and accommodations the student may need, and

(2) Determine and provide justification that the student requires specially designed instruction that cannot be provided within the school's standard instructional conditions, or provided through the school's educational support system.

(g) Basic skill areas--

(1) Unless otherwise specified in the disability category in these rules, basic skill areas are:

(i) Oral expression;

(ii) Listening comprehension;

(iii) Written expression;

(iv) Basic reading skills;

(v) Reading comprehension;

(vi) Mathematics calculation;

(vii) Mathematics reasoning;

(viii) Motor skills; and

(ix) Functional skills.

(2) For an individual with a sensory impairment, one or more comparable basic skills shall be considered to serve as an appropriate substitute for one or more of the above basic skills, for example, Braille skills for basic reading skills.

(3) The screening of a student by a teacher or specialist to determine appropriate instructional strategies for curriculum implementation shall not be considered to be an evaluation for eligibility for special education and related services.

(4) "Functional skills" means the acquisition of essential and critical skills needed for a child with disabilities to learn specific daily living, personal, social, and employment skills or the skills needed to increase performance and independence at work, in school, in the home, in the community, for leisure time, and for post-secondary and other life-long opportunities.

2362.1 Categories of Disability ( 34 C.F.R. § 300.8) .

The existence of one or more of the following categories of disability shall be established according to the criteria set forth below.

(a) Autism Spectrum Disorder

(1) Is a developmental disability significantly affecting verbal and nonverbal communication and social interaction, generally evident before age three. Included in the spectrum are: autism, pervasive developmental disorder - not otherwise specified, Rett's Disorder, Asperger's Disorder, and childhood disintegrative disorder.

(2) Other characteristics often associated with autism spectrum disorder are engagement in repetitive activities and stereotyped movements, resistance to environmental change or change in daily routines, and unusual responses to sensory experiences. Characteristics vary from mild to severe as well as in the number of symptoms present. Autism spectrum disorder does not apply if a child's educational performance is adversely affected primarily because the child has an emotional disturbance, as defined in Rule 2362.1.

(3) A child who manifests the characteristics of autism spectrum disorder after age three could be identified as having autism spectrum disorder if the criteria in subsections (1) and (2) are satisfied.

(4) The EPT shall obtain an opinion of a licensed psychologist and/or medical physician who has training and experience in understanding autism spectrum disorders and other developmental disorders as to the existence of an autism spectrum disorder and its effect on the student's ability to function and whether there is an adverse effect on the child's educational performance.

(b) Deaf-blindness means concomitant hearing and visual impairments, the combination of which causes such severe communication and other developmental and educational needs that they cannot be accommodated in special education programs solely for children with deafness or children with blindness.

(c) Emotional disturbance means a condition including schizophrenia, exhibiting one or more of the following characteristics over a long period of time and to a marked degree that adversely affects a child's educational performance.

(1) Characteristics of an emotional disturbance:

(i) An inability to learn that cannot be explained by intellectual, sensory, or health factors.

(ii) An inability to build or maintain satisfactory interpersonal relationships with peers and teachers.

(iii) Inappropriate types of behavior or feelings under normal circumstances.

(iv) A general pervasive mood of unhappiness or depression.

(v) A tendency to develop physical symptoms or fears associated with personal or school problems.

(2) A student who is socially maladjusted shall not be considered to be emotionally disturbed unless, he or she also meets the definition of emotional disturbance as set forth in subsection (1). A social maladjustment is a persistent pattern of violating societal norms, such as multiple acts of truancy, or substance or sex abuse, and is marked by struggle with authority, low frustration threshold, impulsivity, or manipulative behaviors. A social maladjustment unaccompanied by an emotional disturbance is often indicated by some or all of the following:

(i) Unhappiness or depression that is not pervasive;

(ii) Problem behaviors that are goal-directed, self-serving, and manipulative;

(iii) Actions that are based on perceived self-interest even though others may consider the behavior to be self-defeating;

(iv) General social conventions and behavioral standards are understood, but are not accepted;

(v) Negative counter-cultural standards or peers are accepted and followed;

(vi) Problem behaviors have escalated during pre-adolescence or adolescence;

(vii) Inappropriate behaviors are displayed in selected settings or situations (e.g., only at home, in school or in selected classes), while other behavior is appropriately controlled; and/or

(viii) Problem behaviors are frequently the result of encouragement by a peer group, are intentional, and the student understands the consequences of such behaviors.

(3) The EPT shall obtain an opinion of a licensed psychologist or psychiatrist as to the existence of an emotional disturbance and its effect on the student's ability to function, based on the above criteria.

(4) Upon determination of the existence of an emotional disturbance disability, the parent shall be informed of the availability of interagency coordination of services, as defined by 33 V.S.A. § 4301 et seq.

(d) Hearing Loss means deafness or hard of hearing as determined by an audiologist, otologist, or otolaryngologist, and demonstrated by a 25 decibel HL threshold (ANSI, 69) or worse for one or more of the frequencies 250-8000HZ, in one or both ears, with or without amplification.

(e) Intellectual disability means a delay in learning of sufficient magnitude to cause a student's performance to fall at or below -1.5 standard deviations from the mean of a test of intellectual ability, existing concurrently with deficits in adaptive behavior.

(f) Multiple disabilities means concomitant impairments (such as intellectual disability-blindness or intellectual disability-orthopedic impairment) the combination of which causes such severe educational needs that they cannot be accommodated in special education programs solely for one of the impairments. Multiple disabilities does not include deaf-blindness.

(g) Orthopedic impairment includes impairments caused by a congenital anomaly, impairments caused by disease (e.g., poliomyelitis, bone tuberculosis), and impairments from other causes (e.g., cerebral palsy, amputations, and fractures or burns that cause contractures). The EPT shall obtain an opinion from a licensed physician as to the existence of the orthopedic impairment and its effect on the student's ability to function.

(h) Other health impairment means having limited strength, vitality, or alertness, including a heightened alertness to environmental stimuli, that results in limited alertness with respect to the educational environment, that:

(1) Is due to chronic or acute health problems such as asthma, attention deficit disorder or attention deficit hyperactivity disorder, diabetes, epilepsy, a heart condition, hemophilia, lead poisoning, leukemia, nephritis, rheumatic fever, sickle cell anemia, nonverbal learning disability, and Tourette syndrome; and adversely affects a child's educational performance.

(2) In order to determine the existence of another health impairment and its effect on the student's ability to function, the EPT shall obtain an opinion from a person:

(i) Whose professional licensure authorizes him or her to offer an opinion on the existence of the specific condition suspected to be another health impairment and its effect on the student's ability to function, and

(ii) Who has specific training and experience in diagnosing and recommending treatment for the specific condition suspected.

(i) Specific Learning Disability

(1) The term "specific learning disability" means a disorder in one or more of the basic psychological processes involved in understanding or in using language, spoken or written, which disorder may manifest itself in the imperfect ability to listen, think, speak, read, write, spell, or do mathematical calculations.

(2) Disorders include conditions such as perceptual disabilities, brain injury, minimal brain dysfunction, dyslexia, and developmental aphasia.

(3) The term "specific learning disability" does not include a learning problem that is primarily the result of: visual, hearing, or motor disabilities; intellectual disability; emotional disturbance; or environmental, cultural, or economic disadvantage.

(j) Speech or language impairment means a communication disorder, such as stuttering, impaired articulation, a language impairment, or a voice impairment that adversely affects a student's educational performance and shall be demonstrated by significant deficits in listening comprehension or oral expression. The EPT shall obtain an opinion from a licensed speech-language pathologist as to the existence of a speech or language impairment and its effect on the student's ability to function. The determination of a speech or language impairment shall be based on the following criteria:

(1) Listening comprehension. A significant deficit in listening comprehension exists when a student demonstrates at least 2.0 standard deviations below the test mean on at least one composite score and other measures of auditory processing or comprehension of connected speech. Auditory processing or comprehension include:

(i) phonology,

(ii) morphology,

(iii) syntax,

(iv) semantics, or

(v) pragmatics.

(2) Oral Expression. For purposes of determination of a speech and language impairment, a significant deficit in oral expression exists when a child demonstrates one or more of the following conditions:

(i) Voice. A significant deficit in voice exists when both of the following are present:

(A) Documentation by an otolaryngologist that treatment is indicated for a vocal pathology or speech related medical condition, and

(B) Abnormal vocal characteristics in pitch, quality, nasality, volume, or breath support, which persist for at least one month.

(ii) Fluency. A significant deficit in fluency exists when the student exhibits one or more of the following behaviors:

(A) Part word repetitions or sound prolongations occur on at least 5% of the words spoken in two or more speech samples, or

(B) Sound or silent prolongations exceed one second in two or more speech samples, or

(C) Secondary symptoms or signs of tension or struggle during speech which are so severe as to interfere with the flow of communication.

(iii) Articulation. A significant deficit in articulation attributed to an organic or functional disorder exists when a student is unable to articulate two or more of the unrelated phonemes in connected speech, set forth below, and it is not attributed to dialect or second language difficulties.

| Age | Phonemes | | --- | --- | | 6.0 - 6.11 | m, n, h, w, p, b, t, d, k, g, f, v (y), (ch), (th) as in the word "mother", (sh), and "j" as in jump | | 7.0 - 7.11 | (th) as in the word "thin", l | | 8.0 and above | s, z, r, (zh) as in "measure", ng and consonant blends with s, l, and r |

(iv) Oral Discourse. A significant deficit exists when a student demonstrates a deficit of at least 2.0 standard deviations below the test mean on at least one composite score and other measures of oral discourse. Oral discourse includes:

(A) phonology,

(B) morphology,

(D) semantics, or

(E) pragmatics

(k) Traumatic brain injury means an injury to the brain caused by an external physical force or by an internal occurrence such as a stroke or aneurysm, resulting in total or partial functional disability or psychosocial impairment, or both. The EPT shall obtain an opinion of a licensed physician as to the existence of a traumatic brain injury and its effect on the student's ability to function, as defined by the following criteria:

(1) The condition includes open or closed head injuries resulting in impairments in one or more areas, including cognition; language; memory; attention; reasoning; abstract thinking; judgment; problem-solving; sensory, perceptual and motor abilities; psychosocial behavior; physical functions; information processing; and speech.

(2) The condition does not include brain injuries that are congenital or degenerative, or brain injuries induced by birth trauma.

(l) Visual impairment including blindness means an impairment in vision as evaluated by an optometrist or ophthalmologist.

(1) This term includes, but is not limited, to the following:

(i) partial sight and blindness;

(ii) a visual acuity of 20/70 or less in the better eye;

(iii) reduced visual field to 20 degrees;

(iv) a diagnosis of cortical visual impairment;

(v) a diagnosis of a degenerative condition that is likely to result in a significant loss of vision; or

(vi) other vision conditions that may adversely affect a child's educational performance, such as convergence insufficiency disorder.

(2) For the purposes of this disability, mobility and orientation shall also be considered to be special education services.

2362.2 Procedures for Evaluation and Determination of Eligibility-Definition and Purpose.

(a) For purposes of this section, "evaluations" are defined as observations, tests, and other diagnostic measures, individually selected and administered to determine the existence of a disability, the effect the disability has on the child's educational and functional performance, and the need for specialized services and for an appropriate program. An evaluation is a compilation of information that is designed to assist:

(1) The EPT in determining eligibility for special education;

(2) The IEP team in developing the student's IEP including special education services, and as required, related services, transition services, assistive technology, and supplementary aids and services; and

(3) The IEP team in determining an appropriate placement in the least restrictive environment.

(b) The EPT membership for a student/child suspected of having a specific learning disability shall also include the following people:

(1) The student/child's general education teacher, or

(2) If the student/child does not have a general education teacher, a general education teacher qualified to teach a student/child of his or her age; or

(3) For a student/child of less than school age, an individual qualified to teach a student/child of his or her age; and

(4) At least one person qualified to conduct individual diagnostic examinations of students/children, such as a school psychologist, speech and language pathologist, special education teacher, or remedial reading teacher.

(c) Where the EPT cannot achieve consensus, as a member of the EPT, the LEA representative shall make the final decision.

(d) The screening of a student by a teacher or specialist to determine appropriate instructional strategies for curriculum implementation shall not be considered to be an evaluation for eligibility for special education and related services. ( 34 C.F.R. § 300.302) .

2362.2.1 Initial Evaluations ( 34 C.F.R. § 300.301)

Either a parent of a child, or an LEA, or the AOE, or other State agency, may initiate a request for an initial evaluation to determine if a child or student is eligible for special education and related services. Implementation of Response to Intervention (RTI), Multitiered System of Supports (MTSS) or other strategies for academic and behavioral support shall not cause the evaluation of a child or student suspected of having a disability to be delayed or denied.

(a) Each LEA shall conduct a comprehensive and individual initial evaluation before the initial provision of special education and related services to a student with a disability under these rules.

(b) Upon receipt of a request for an evaluation, the school district shall, within 15 calendar days, either:

(1) Request parent consent to initiate the evaluation;

(2) Convene an EPT meeting; or

(3) Provide written reasons for denial of the request.

(1) The date parental consent has been received by the LEA; or

(2) The date on the LEA's notice, which informs parents that it will be reviewing existing data as the sole basis for the initial evaluation.

(d) If completion of the initial evaluation will be delayed for a period exceeding 60 days as specified in subsections (1) and (2) above, the parent shall be given written notice of the delay and a schedule of evaluation activities. Such notice shall be sent to a parent before the expiration of the 60-day period. A notice of delay shall only be used for exceptional circumstances related to the student and/or family, which shall be documented.

(e) Consent shall be obtained before individual tests can be administered to students who receive special education services unless the assessment is being administered as an alternate assessment to district-wide or statewide assessments.

(f) The 60-day time limit for the completion of an initial eligibility evaluation identified in subsection (c) shall not apply to an LEA if the parent of a student repeatedly fails or refuses to make a student available for the evaluation or if:

(1) A student moves to a new LEA before the eligibility evaluation in the old LEA has been completed;

(2) The new LEA is making sufficient progress to ensure a prompt completion of the evaluation; and

(3) The parent and new LEA have agreed to the specific time when the evaluation will be completed.

2362.2.2 Evaluation Planning Team (EPT) - Membership

(a) Evaluations shall be arranged for, or conducted by an EPT with assistance, where appropriate, from other professionals (e.g., medical, psychological, etc.)

(b) The EPT membership shall include:

(1) An LEA representative who:

(i) Is qualified to provide, or supervise the provision of, specially designed instruction to meet the unique needs of children and students with disabilities;

(ii) Is knowledgeable about the general curriculum;

(iii) Is knowledgeable about the availability of resources of the LEA;

(iv) An LEA representative may designate any LEA personnel member of the EPT to also serve as the LEA representative, if the criteria in subsections (i)-(iii) are satisfied.

(2) At least one special education teacher of the student/child, or if appropriate, at least one special education service provider for the student/child;

(3) At least one general education teacher of the student/child, to the extent appropriate, if the student/child is, or may be, participating in the general education environment; The student when his or her post-secondary transition needs or services will be considered and other agencies likely to be responsible for providing or paying for transition services;

(4) At the discretion of the parent or the school district, other individuals who, in the opinion of the parents or school district have knowledge or special expertise regarding the student/child, including related services personnel, as appropriate;

(5) An individual who can interpret the instructional implication of evaluation results, who also may be a member of the team as described in sections (1), (2), (3), and (4) above;

(6) The parent(s), guardian, or educational surrogate parent of the student/child who shall be given meaningful opportunity to contribute information to the development of an evaluation plan; and

(7) If appropriate, the student/child.

(c) The EPT membership for a student/child suspected of having a specific learning disability shall also include the following people:

(1) The student/child's general education teacher, or

(2) If the student/child does not have a general education teacher, a general education teacher qualified to teach a student/child of his or her age; or

(3) For a student/child of less than school age, an individual qualified to teach a student/child of his or her age; and

(d) Where the EPT cannot achieve consensus, as a member of the EPT, the LEA representative shall make the final decision.

2362.2.3 Re-Evaluation Requirements ( 34 C.F.R. § 300.303)

(a) The LEA shall ensure that a reevaluation of each child with a disability is conducted:

(1) If the LEA determines that the educational or related service needs, including improved academic achievement and functional performance, of the child warrant a reevaluation; or

(2) If the child's parent or teacher requests a reevaluation.

(b) A reevaluation conducted under sub-section (a):

(1) May occur not more than once a year, unless the parent and the LEA agree otherwise; and

(2) Shall occur at least once every three years, unless the parent and the LEA agree that a reevaluation is unnecessary.

2362.2.4 Evaluation Procedures ( 34 C.F.R. § 300.304)

(a) The LEA shall provide notice to the parents of a child with a disability in accordance with 2365.1.1 that describes any evaluation procedures the LEA proposes to conduct.

(b) In conducting the evaluation, the LEA shall:

(1) Use a variety of assessment tools and strategies to gather relevant functional, developmental, and academic information about the child, including information provided by the parent that may assist in determining:

(i) Whether the child is eligible for special education services; and

(ii) The content of the child's IEP, including information related to enabling the child to be involved in and progress in the general education curriculum (or for a preschool child, to participate in appropriate activities);

(2) Not use any single measure or assessment as the sole criterion for determining special education eligibility and for determining an appropriate educational program for the child; and

(3) Assess all student characteristics and other factors that may have a significant influence on eligibility, services to be offered or accommodations to be made, including, but not limited to:

(i) Physical characteristics:

(A) Vision;

(B) Hearing;

(D) Medical; and

(E) Nutrition.

(ii) Social, behavioral, or emotional characteristics:

(A) Self-esteem;

(B) Self-control; and

(iii) Adaptive behavior across settings:

(A) Independence skills;

(B) Coping skills; and

(iv) Relevant life circumstances:

(A) Family;

(B) Community; and

(v) Speech characteristics:

(A) Articulation;

(B) Fluency; and

(vi) Language and communication skills.

(vii) Intellectual or cognitive characteristics:

(A) Learning abilities;

(B) Learning styles; and

(viii) Areas of concern in the basic skills areas:

(A) Oral expression;

(B) Listening comprehension;

(D) Basic reading skills;

(E) Reading comprehension;

(F) Mathematics calculation;

(G) Mathematics reasoning; and

(H) Motor skills.

(ix) Vocational needs.

(x) Skills in the learning environment.

(xi) Assistive technology needs related to devices and services.

(xii) The EPT shall assess the student's current level of performance in all curriculum areas with respect to which special education, related services and supplementary aids and services may be required.

(4) Ensure that assessments and other evaluation materials used to assess a child are:

(i) Selected and administered so as not to be discriminatory on a racial or cultural basis;

(ii) Provided and administered in the child's native language or other mode of communication and in the form most likely to yield accurate information on what the child knows and can do academically, developmentally, and functionally, unless it is clearly not feasible to provide or administer;

(iii) Used for the purposes for which the assessments or measures are valid and reliable;

(iv) Administered by trained and knowledgeable personnel;

(v) Administered in accordance with any instructions provided by the producer of the assessments;

(vi) Those tailored to assess specific areas of educational need and not merely those that are designed to provide a single general intelligence quotient; and

(vii) Selected and administered so as best to ensure that if an assessment is administered to a child with impaired sensory, manual, or speaking skills, the assessment results accurately reflect the child's aptitude or achievement level or whatever other factors the test purports to measure, rather than reflecting the child's impaired sensory, manual, or speaking skills (unless those skills are the factors that the test purports to measure).

(5) Ensure that assessments of children with disabilities who transfer from one LEA to another LEA in the same academic year are coordinated with such children's prior and subsequent schools, as necessary and as expeditiously as possible, to ensure prompt completion of full evaluations.

(6) Ensure that the evaluation is sufficiently comprehensive to identify all of the child's special education and related service needs, whether or not commonly linked to the disability category in which the child has been found eligible.

(7) Ensure that assessment tools and strategies provide relevant information to directly assist the IEP team in determining that the educational needs of the child are provided.

(c) As part of an initial evaluation (if appropriate) and as part of any reevaluation under this part, the EPT and other qualified professionals, as appropriate, shall:

(1) Review existing evaluation data on the child, including:

(i) Evaluations and information provided by the parents of the child;

(ii) Current classroom-based, local, or State assessments, and classroom-based observations; and

(iii) Observations by teachers and related services providers; and

(2) On the basis of that review, and input from the student's parents, identify what additional data, if any, are needed to determine:

(i) Whether the student is or continues to be eligible for special education and related services;

(ii) The present levels of academic achievement and related developmental needs of the student; and

(iii) Whether any additions or modifications to the special education and related services are needed to enable the student to meet the measurable annual goals set out in the IEP of the student and to participate, as appropriate, in the general education curriculum.

(d) The EPT may conduct its review without a meeting.

(i) If a parent requests that the EPT review data through a formal meeting, then a formal meeting with required notices shall be held.

(ii) A formal meeting shall be required whenever the initial eligibility of the child will be determined. When a satisfactory agreement on such time or place cannot be reached, the LEA shall use other, mutually agreed upon methods, to ensure parent participation, including individual or conference telephone calls, or video conferencing.

(e) The LEA shall administer such assessments and other evaluation measures as may be needed to produce the data identified under subsection(c).

(f) If the EPT determines that no additional data are needed to determine whether the child continues to be eligible for special education and related services, the LEA shall notify the child's parents of:

(1) That determination and the reasons for the determination; and

(2) The right of the parents to request additional testing to determine eligibility.

(i) The LEA is not required to conduct additional testing unless requested to do so by the child's parents.

(g) The LEA shall evaluate a child before determining that the child is no longer eligible for special education and related services, unless the termination of a child's eligibility is due to graduation from secondary school with a regular diploma, or due to reaching the age of 22.

(1) Under these circumstances, the LEA shall provide the child with a summary of the child's academic achievement and functional performance, which shall include recommendations on how to assist the child in meeting the child's postsecondary goals.

(2) The LEA shall send a notice to the student and his/her parent(s) that a change of placement is scheduled to occur and give the reasons why.

(h) Prior to conducting an initial or re-evaluation for eligibility purposes, the EPT shall complete a written evaluation plan which lists the areas to be assessed, the procedures to be used in carrying out the evaluation, and personnel by title responsible for performing the evaluations. All EPT members shall have the opportunity to provide input in the development of the written evaluation plan.

2362.2.5 Additional Procedures for Identifying Children With Specific Learning Disabilities ( 34 C.F.R. § 300.307-300.311)

(a) In making the determination that a student has a specific learning disability the LEA shall decide whether to use a model based on whether the student responds to scientific, research-based intervention or to use a model based on other alternative research based procedures for determining whether a child has a specific learning disability.

(1) Eligibility determinations for a student who is determined to have a specific learning disability shall not be required to include an assessment of adverse effect as outlined in Rule 2362.

(2) When using a model based on whether the student responds to scientific, research-based intervention, the EPT shall document use of the following:

(i) High-quality instruction and scientific research-based tiered interventions aligned with individual student need;

(ii) Frequent monitoring of student progress to make results-based academic decisions; and

(iii) Use of student response data to evaluate the effectiveness of interventions.

(b) The determination of whether a student has a specific learning disability shall be made by the student's parents and a team of qualified professionals, which shall include:

(1) The child's general education teacher; or

(i) If the child does not have a general education teacher, a classroom teacher qualified to teach a child of his or her age; or

(2) For a child of less than school age, an individual licensed by the Vermont Agency of Education to teach a student of his or her age; and

(3) At least one person qualified to conduct individual diagnostic examinations of children, such as a school psychologist, speech-language pathologist, special education teacher, or remedial reading teacher.

(1) When provided with learning experiences and instruction appropriate for the student's age or State-approved grade-level standards, the student does not achieve adequately in one or more of the following areas:

(i) Oral expression.

(ii) Listening comprehension.

(iii) Written expression.

(iv) Basic reading skill.

(v) Reading fluency skills.

(vi) Reading comprehension.

(vii) Mathematics calculation.

(viii) Mathematics problem solving.

(2) The student does not make sufficient progress to meet age or State-approved grade level standards in one or more of the areas identified in (c)(1) when using a model based on whether the student responds to scientific, research-based intervention.

(3) The EPT determines that its findings under paragraphs (c)(1) and (2) of this subsection are not primarily the result of:

(i) A visual, hearing, or motor disability;

(ii) Intellectual disability;

(iii) Emotional disturbance;

(iv) Cultural factors;

(v) Environmental or economic disadvantage; or

(vi) Limited English proficiency.

(d) To ensure that underachievement in a student suspected of having a specific learning disability is not due to lack of appropriate instruction in reading or math, the EPT shall consider, as part of the evaluation, the following:

(1) Data that demonstrate that prior to, or as a part of, the referral process, the student was provided appropriate instruction in general education settings, delivered by qualified personnel; and

(2) Data-based documentation of repeated assessments of achievement at reasonable intervals, reflecting formal assessment of student progress during instruction, which was provided to the student's parents.

(e) The LEA shall promptly request parental consent to evaluate the student to determine if the student needs special education and related services, and shall adhere to the timeframes described in Rule 2362.2.1 unless extended by mutual written agreement of the student's parents and other members of the EPT if:

(1) Prior to a referral, a student has not made adequate progress after an appropriate period of time when provided scientifically research-based instruction/intervention; and

(2) Whenever a student is referred for an evaluation.

(f) At least one member of the child's EPT, other than the child's current teacher, who is trained in observation, shall observe the child, and the learning environment, including the general classroom setting, to document academic performance and behavior in the areas of difficulty.

(1) Students who are enrolled in a program of home study or who receive instruction delivered in a home, hospital, preschool, childcare setting, or other out of school setting shall be observed in instructional environments appropriate for children of that age, by trained personnel who are not the teacher. This observation shall be reported in writing to the EPT.

(2) If, after reasonable efforts have been made, it is not possible to conduct a classroom observation due to chronic truancy or other extenuating circumstances, there shall be documentation of efforts made to observe the student in an instructional environment.

2362.2.6 Evaluation and Planning Team Report

(a) When all necessary information is collected, the EPT shall prepare a written report that documents whether the child is eligible. When a student is found eligible, the report shall be available for use by the IEP team in program planning. The report shall include the following and shall be provided to the parent by the EPT:

(1) A conclusion supported by a rationale as to whether or not the student is eligible for special education based on the following:

(i) The presence or absence of a disability;

(ii) If there is a disability, whether it has an adverse effect on educational performance in one or more of the basic skill areas; and

(iii) Whether the student needs special education services to benefit from his or her educational program and that this support cannot be provided through the educational support system, standard instructional conditions, or supplementary aids and services provided in the school.

(2) The evaluation procedures used, including:

(i) A description of any modifications or changes made from the evaluation procedures specified in the evaluation plan; or

(ii) Changes which were necessary in test administration as described in Rule 2362.2.4;

(3) A summary of all educationally relevant information collected during the evaluation, including educational, medical, and psychological information and a summary of other factors considered;

(4) Recommendations as to the need for accommodations in curriculum, assessments, material, or programmatic adaptation, behavior management interventions, and supplemental aids and services;

(5) The initials of all team members indicating agreement or disagreement with the eligibility conclusion. A group member who does not agree with the conclusion shall submit a separate statement presenting his or her conclusions and this statement shall become part of the Evaluation Plan and Report; and

(6) The written report of an observation of the student, if an observation has been conducted.

(b) For a student suspected of having a specific learning disability, the evaluation report shall include documentation of:

(1) Whether the student has a specific learning disability;

(2) The basis for making the determination, including an assurance that the determination has been made in accordance with Rules 2362.2.3 and 2362.2.4.

(3) The relevant behavior, if any, noted during the observation of the student and the relationship of that behavior to the student's academic functioning;

(4) Any educationally relevant medical findings;

(5) Whether:

(i) The student does not achieve adequately for the student's age or to meet Vermont grade-level standards in one or more of the basic skill areas, when provided with learning experiences and instruction appropriate for the student's age or grade level expectations; and

(ii) The student exhibits a pattern of strengths and weaknesses in performance, achievement, or both, relative to age, Vermont standards and grade level expectations or intellectual development consistent with the characteristics of a specific learning disability.

(6) The determination of the EPT concerning the effects of visual, hearing, or motor disability; intellectual disability; emotional disturbance; cultural factors; environmental or economic disadvantage; or limited English proficiency on the student's achievement level; and

(7) If the student has participated in a process that assesses the student's response to scientific, research-based intervention:

(i) The instructional strategies used and the student-centered data collected; and

(ii) The documentation that the student's parents were notified about:

(A) The amount and nature of student performance data that would be collected and the general education services that would be provided;

(B) Strategies for increasing the student's rate of learning; and

2362.2.7 Students Who Are Determined to Have a Disability, But Are Not Eligible for Special Education

(a) When an EPT determines that a student has a disability, but is not eligible for special education, it shall recommend accommodations, as needed, in such areas as assessment procedures, curriculum, material or programmatic adaptations, behavior management interventions, and supplemental aids and services. These recommendations shall be included in the written Evaluation Plan and Report. The Evaluation Plan and Report for such a student shall be referred to the student's building administrator who shall arrange for a Section 504 team to consider whether:

(1) The student's disability and needs will require a Section 504 Plan or

(2) The student's needs can be met within the school's standard instructional conditions and through its educational support system.

(b) If the EPT determines that the student has a disability, but is not eligible for special education, it may proceed to operate as a Section 504 team to determine whether the child is eligible for reasonable accommodations under Section 504.

2362.2.8 Independent Educational Evaluation ( 34 C.F.R. § 300.502)

An "independent educational evaluation" means an evaluation conducted by a qualified examiner who is not employed by the LEA responsible for the education of the child in question.

(a) Upon completion of a LEA evaluation, a parent may request an independent educational evaluation at public expense if he or she disagrees with the evaluation obtained by the LEA. Except as provided in this rule, the LEA shall either pay the full cost of the requested evaluation, or ensure that the evaluation is otherwise provided at no cost to the parent.

(b) A parent is entitled to only one independent educational evaluation at public expense for each evaluation performed by the LEA with which the parent disagrees.

(1) Initiate a hearing to show that its evaluation is appropriate; or

(2) Ensure that an independent educational evaluation is provided at no cost to the parent.

(d) An LEA shall provide to a parent who requests an independent educational evaluation, information about where such an evaluation may be obtained.

(e) Any LEA criteria, under which an independent evaluation may be obtained, including the location of the evaluation and the qualification of the examiner, shall be the same as the criteria that the LEA uses when it initiates an evaluation. Criteria established by an LEA under this section shall not interfere with the parent's right to an independent educational evaluation.

(f) Except as provided in (c) above, timelines or conditions related to obtaining an independent educational evaluation may not be imposed by the LEA.

(g) An LEA may pursue mediation or a due process hearing to demonstrate that an independent educational evaluation obtained by a parent does not meet LEA criteria.

(h) If the LEA initiates a hearing and the final decision is that the district's evaluation is appropriate, the parent still has the right to an independent educational evaluation, but not at the LEA's expense.

(i) If a parent requests an independent educational evaluation, the LEA may ask for the parent's reason why he or she objects to the district's evaluation. However, an explanation by the parent may not be required, and the LEA may not unreasonably delay either providing the independent educational evaluation at no cost to the parent or initiating a due process hearing to defend the district's evaluation.

(j) If the parent obtains an independent educational evaluation at private expense, the results of the evaluation:

(1) Shall be considered by the LEA's EPT, if the evaluation meets the district's criteria, whenever it makes any decision with respect to the provision of FAPE to the child; and

(2) May be presented as evidence at a hearing regarding the child.

(k) If a hearing officer requests an independent educational evaluation as part of a hearing, the LEA is responsible for ensuring that the independent evaluation is completed at no cost to the parent.

2363 INDIVIDUALIZED EDUCATION PROGRAMS (IEP) ( 34 C.F.R. § 300.320)

The term "Individualized Education Program" or "IEP" means a written statement for each child with a disability that is developed, reviewed, and revised in accordance with this rule and includes:

(a) A description of all special education services, related services, and supplementary aids and services that the child will need to be able to derive benefit from his or her educational program;

(b) A description of the special education program; and

2363.1 Timelines ( 34 C.F.R. § 300.323) .

An IEP shall be:

(a) Developed within 30 days of an initial determination that the child is eligible for special education and related services;

(b) Revised, as appropriate, to address the results of any re-evaluation for special education and related services;

(d) In effect at the beginning of each school year unless the child has been determined to be eligible within 30 days prior to the first day of school, in which case subparagraph (a) above applies; and

(e) Implemented as soon as possible following the IEP meeting.

2363.2 Responsibility of LEAs for IEPs.

Except as otherwise provided by these rules, each LEA shall ensure that an IEP is developed and implemented by the responsible LEA for each eligible child residing and attending public school in that district.

2363.3 IEP Team ( 34 C.F.R. § 300.321) .

(a) The LEA shall ensure that the IEP team for each eligible child includes:

(1) A local education agency representative (LEA Representative) who:

(i) Is qualified to provide, or supervise the provision of, specially designed instruction to meet the unique needs of children with disabilities;

(ii) Is knowledgeable about the general curriculum;

(iii) Is knowledgeable about the availability of resources of the LEA;

(iv) An LEA representative may designate any LEA personnel member of the IEP team to also serve as the LEA representative, if the criteria in subsections (i)-(iii) are satisfied; and

(2) Not fewer than one special education teacher of the child, or if appropriate, not fewer than one special education service provider for the child;

(3) Not fewer than one general education teacher of the child, to the extent appropriate, if the child is, or may be, participating in the general education environment. The teacher shall, to the extent appropriate, participate in the development of the IEP of the child including the determination of appropriate positive behavioral interventions and strategies, supplementary aids and services, program modifications, and supports for school personnel that will be provided to allow the child an opportunity for participation and progress in the general curriculum and the attainment of annual IEP goals;

(4) At the discretion of the parent or the LEA, other individuals who, in the opinion of the parents or LEA, have knowledge or special expertise regarding the child, including related services personnel, as appropriate;

(5) An individual who can interpret the instructional implications of evaluation results, who also may be a member of the team as described in sections (1), (2), (3), and (4) above;

(6) The parent(s), guardian, or educational surrogate parent of the child;

(7) If appropriate, the child;

(8) In the case of a child with a specific learning disability, at least one person qualified to conduct individualized diagnostic examinations of children, such as a school psychologist, speech-language pathologist, special education teacher, or remedial reading teacher; and

(9) In the case of a child previously served under the Children's Integrated Services/Early Intervention (CIS/EI), at the request of the parent, the Part C service coordinator or other representatives of the Part C system may be invited to assist in the smooth transition of special education services. Parents shall be notified of their right to request such an invitation.

(b) Additional participants when the transition services of the student will be discussed.

(1) Not later than the IEP to be in effect when a student is age 16 (or younger, if determined appropriate by the IEP team), the LEA shall continue inviting the student to attend his/her IEP meetings to discuss transition services.

(2) If the student does not attend the IEP meeting when invited, the LEA shall take other steps to ensure that the student's preferences and interests are considered.

(3) In implementing the requirements with respect to transition services, the LEA also shall invite a representative of any other agency that is likely to be responsible for providing or paying for such services.

(4) If an agency invited to send a representative to a meeting does not do so, the LEA shall take other steps to obtain participation of the other agency in the planning of any transition services.

(1) A member of the IEP team is not required to attend an IEP meeting, in whole or in part, if the parent of the child and the local educational agency agree, in writing, that the attendance of such member is not necessary because the member's area of curriculum or related services is not being modified or discussed in the meeting.

(2) A member of the IEP team may be excused from attending an IEP meeting, in whole or in part, when the parent and local education agency agree, in writing, that a team member may be excused from the IEP meeting in which the member's area of curriculum or related services is being discussed. This agreement requires that the excused member submit, in writing to the parent and IEP team, their input into the IEP development prior to the IEP meeting.

(d) Decisions by the IEP team

If the team cannot reach consensus, the LEA Representative shall determine the contents of the IEP pursuant to Rule 2363.7 and shall notify the parents of their rights to revoke consent pursuant to Rule 2363.8, seek mediation, file an administrative complaint or request a due process hearing.

2363.4 Parent Participation in IEP Meeting ( 34 C.F.R. § 300.322) .

(a) Each LEA shall take steps to ensure that one or both parents of a child with a disability are present at each IEP meeting or are afforded the opportunity to participate, including:

(1) Notifying the parents of the meeting early enough that they will have an opportunity to attend; and

(2) Scheduling the meeting at a mutually agreed upon time and place.

(i) The LEA shall schedule meetings with parents at a mutually agreed upon time and place. When a satisfactory agreement on such time or place cannot be reached, the district shall use other, mutually agreed upon methods to ensure parent participation, including individual or conference telephone calls, or video conferencing.

(ii) When the district is unable to arrange the parents' participation, the district shall convene the IEP meeting to meet its obligation to provide appropriate services to the child as set forth in rule 2363.2 of this section.

(b) A meeting may be conducted without a parent in attendance, if the LEA is unable to convince the parent to attend. Under these circumstances, the LEA shall maintain a record of at least three attempts to arrange a mutually agreed upon time and place, such as:

(1) Detailed records of telephone calls made or attempted and the results of those calls;

(2) Copies of correspondence sent to the parents and any responses received; and

(3) Detailed records of visits made to the parent's home or place of employment and the results of those visits.

(c) The LEA shall take whatever action is necessary to ensure that the parent understands the proceedings at the IEP meeting, including arranging for an interpreter for a parent who is deaf or whose native language is other than English.

(d) When the student reaches age 17, the LEA shall notify the parent and the student that at age 18, the student, unless he/she is under guardianship, will become an adult under Vermont law. At that time, the LEA shall send a notice to the student of his/her IEP meetings. The parent shall be given a copy of the notice unless, as set forth in rule 2365.1.12, the student is incarcerated. When a student becomes an adult, the parents may attend an IEP meeting at the discretion of the student pursuant to Rule 2363.3.

(e) A teacher or parent may request an IEP meeting at any time when they believe a component of the IEP should be changed. When the LEA receives the request:

(1) The LEA shall convene a properly notified IEP meeting within 30 days of receipt of the request, not counting days between the student's regular school sessions or days of school vacation in excess of five school days, or

(2) Refuse to convene an IEP meeting and shall provide written notice to the parent explaining why the LEA has concluded a meeting is not necessary to ensure the provision of FAPE to the student.

(3) The LEA's notice shall inform the parent of his or her right to initiate a due process hearing if the parent disagrees with the LEA's decision not to convene a meeting under this subsection.

2363.5 Notice About IEP Meeting ( 34 C.F.R. § 300.322(b)) .

(a) A notice of an IEP meeting shall:

(1) Indicate the purpose, time, and location of the meeting;

(2) State who will be in attendance; and

(3) Inform the parents of the right of the LEA and the parents to invite other people who, in their opinion, have knowledge or special expertise about the child.

(b) Beginning not later than the first IEP to be in effect when the student is age 16, or younger if appropriate, for a student with a disability the notice shall advise the parents and student of the requirements of Rule 2363.4.

2363.6 Development, Review, and Revision of IEP ( 34 C.F.R. § 300.324) .

(a) In the development, review, and revision of an IEP, the IEP team shall consider:

(1) The strengths of the child and the concerns of the parent for enhancing the education of their child;

(2) The results of the initial or most recent evaluation of the child;

(3) As appropriate, the results of the child's performance on any general State or district-wide assessment programs; and

(4) The academic, developmental, and functional needs of the child

(b) The IEP team shall also consider the following special factors:

(1) In the case of a child with limited English proficiency, the language needs of the child as those needs relate to the child's IEP;

(2) In the case of a child who is blind or visually impaired, provision for instruction in Braille and the use of Braille unless the IEP team determines, after an evaluation of the child's reading and writing skills, needs, and appropriate reading and writing media (including an evaluation of the child's future needs for instruction in Braille or the use of Braille), that instruction in Braille or the use of Braille is not appropriate for the child;

(3) The communication needs of the child, and in the case of a child who is deaf or hard of hearing, the child's language and communication needs, opportunities for direct communication with peers and professional personnel in the child's language and communication mode, academic level, and full range of needs, including opportunities for direct instruction in the child's language and communication mode;

(4) Whether the child requires assistive technology devices and services;

(5) When the evaluation data indicates that the student's behavior is impeding his or her learning or the learning of others, positive behavioral interventions and supports, and other strategies to address the behavior and to assist the child to develop skills in areas such as:

(i) Social skills;

(ii) Anger management; and/or

(iii) Conflict resolution.

(6) Supplementary aids and services, program modifications, or supports for the child or school personnel who will be working with the child to help him/her:

(i) Attain IEP annual goals;

(ii) Progress in the general curriculum;

(iii) Participate in extra-curricular activities; and

(iv) Be educated in the least restrictive environment.

(7) Whether a child needs a particular device or service, including an intervention, accommodation, or other program modification, in order for the child to receive a FAPE.

(1) Reviews the child's IEP periodically, but not less than annually, to determine whether the annual goals for the child are being achieved; and

(2) Revises the IEP as appropriate to address:

(i) A lack of expected progress toward the annual goals;

(ii) A lack of expected progress in the general curriculum, if appropriate;

(iii) The results of any re-evaluation;

(iv) Information about the child provided to, or by, the parents;

(v) The child's anticipated needs; or

(vi) Other matters.

(3) In making changes to the IEP, after the annual review meeting, the parent of the child and the school may agree, in writing, not to convene an IEP meeting for the purpose of making such changes and, instead, may develop a written document to amend or modify the child's current IEP.

(i) Parents shall be given a copy of the written agreement document.

(d) To the extent possible, schools shall encourage the consolidation of re-evaluation meetings and other IEP meetings for the child.

2363.7 Content of IEP ( 34 C.F.R. § 300.320) .

An IEP that contains information under one component need not repeat the same information under another component. The IEP for each child with a disability shall include:

(a) A statement of the child's present levels of academic achievement and functional performance, including:

(1) The child's abilities, acquired skills, and strengths;

(2) How the child's disability affects the child's involvement and ability to make progress in the general curriculum; or

(3) For preschool children, how the disability affects the child's participation in activities appropriate for the child;

(4) For children, not later than one year before the child reaches the age 18, a statement that the child has been informed of their rights under these regulations that will transfer to them upon reaching the age of majority (18).

(b) Measurable annual goals related to the child's present levels of academic and functional performance which shall:

(1) Use pertinent data to inform the development of appropriate goals and objectives.

(2) Be written as measurable short-term objectives or benchmarks with projected dates for accomplishment, including a description of the evaluation procedures and the specific data that will be used to assess goals progress.

(3) Enable the child to be involved in and progress, to the extent appropriate, in the same curriculum as children without disabilities. For preschool children, goals shall include participation in activities appropriate for children without disabilities.

(4) Enable the child to meet other educational needs that result from his or her disability.

(5) Be accompanied by a method of reporting the child's progress to the parents at least as often as other parents in the school receive progress reports. A progress report shall inform parents of:

(i) Their child's progress toward the annual goals; and

(ii) The extent to which the progress is sufficient to enable the child to achieve the goals by the end of the year.

(c) Special education and related services and supplementary aids and services to be provided to the child, or on behalf of the child, and a statement of individual accommodations, program modifications, or supports that will be provided for school personnel to enable the child:

(1) To advance appropriately toward attaining his or her IEP annual goals;

(2) To be involved in and progress in the general curriculum, to participate in extra-curricular and other non-academic activities and in physical education services pursuant to the requirements in Rule 2360.2; and

(3) To be educated and participate with a variety of children who do and do not have disabilities.

(d) The projected date for the beginning of the services and modifications, the title of the service provider, anticipated frequency, location, and duration of those services and modifications.

(e) The IEP team shall determine the child's placement in accordance with Rule 2364.3. The IEP shall also include an explanation of the extent, if any, to which the child will not participate with children without disabilities in a general education class, general curriculum, extracurricular and other non-academic activities.

(f) Where the student's placement is a residential placement pursuant to Rule 2364.4, the student's IEP shall contain annual goals and short-term objectives or benchmarks designed to reintegrate the student into a local LEA placement, and a description of how they will lead to reintegration.

(g) A statement of any individual accommodations in the administration of State, district-wide, or local assessments of student achievement that are needed in order for the child to participate in the assessment.

(1) If the IEP team determines that the child will not participate in a particular State or district-wide assessment of student achievement (or part of an assessment), a statement of:

(i) Why that assessment is not appropriate for the child; and

(ii) How the child will be assessed.

(h) A description of any extended school year services (ESY) which the IEP team finds are necessary to provide a FAPE to the student.

(1) ESY services shall be provided only if a child's IEP team determines that the services are necessary for the provision of FAPE to the child because one or more of the following factors is evident:

(i) ESY is essential to permit the student an opportunity to reach reasonably set educational goals;

(ii) There has been a significant amount of regression over the past winter, spring, and summer vacations and recoupment did not occur within a reasonable amount of time;

(iii) The severity of the student's disability presents a danger of substantial regression; or

(iv) The student's transition goals require continued programming beyond the school year IEP.

(2) An LEA or IEP team may not limit extended school year services to students with particular disabilities.

(3) An LEA shall not adopt a policy that limits the type, amount, or duration of ESY services for all children.

(i) Transition services

(1) For students, beginning with the first IEP in effect when the student is 16, or younger if determined appropriate by the IEP team, and updated annually thereafter, there shall be:

(i) Age appropriate and measurable postsecondary goals based upon age appropriate assessments related to:

(A) Education/training;

(B) Employment; and

(ii) Evidence that the student's interests and preferences were taken into consideration during the formulation of the goals.

(2) Contingent upon prior consent from the parent or adult student, representatives of any agency that is likely to be responsible for providing or paying for transition services to implement the goals, shall be invited to participate in the IEP meeting.

(3) If a participating agency, other than the LEA, fails to provide the transition services described in the IEP, the LEA shall reconvene the IEP team to identify alternative strategies to meet the transition objectives for the student set out in the IEP.

(4) Nothing in these rules shall relieve any participating agency of the responsibility to provide or pay for any transition service that the agency would otherwise provide to students with disabilities who meet the eligibility criteria of that agency.

(5) When a student is going to graduate, a "summary of performance" report shall be written for the student as described at Rule 2362.2.4.

(j) Parent Input. The IEP shall contain a section for parents to provide written comments regarding their child's IEP. Following an IEP meeting to write or amend an IEP, the LEA shall send the IEP to the parent together with prior written notice of decision. The parent shall be provided 10 days to complete and return the parent input section of the IEP. The purpose of the parent input section is to facilitate feedback from families to ensure they have an opportunity to express any opinions about the IEP or the IEP process. Upon receipt of the parent input, the LEA may, but is not required to, schedule a meeting to discuss parental concerns.

2363.8 Consent for Initial Provision of Special Education Services ( 34 C.F.R. § 300.300(b)) .

(a) A consent form shall be signed by the parent and received by the LEA prior to the initial provision of IEP services.

(b) If the parent of a child fails to respond or refuses to consent to services the LEA may not use due process procedures, or mediation, in order to obtain agreement or a ruling that the services may be provided to the child.

(c) If the parent of the child refuses to consent to the initial provision of special education or related services, or the parent fails to respond to a request to provide consent for the initial provision of special education and related services, the LEA:

(1) Will not be considered to be in violation of the requirement to make available a free appropriate public education to the child for the failure to provide the child with the special education and related services for which the LEA requests consent.

(2) Is not required to convene an IEP meeting or develop an IEP for the child for the special education and related services for which the LEA requests such consent.

(d) If the parent provides written consent for the initial provision of IEP services before they have begun and then revokes the consent, the services shall not commence. The student shall remain eligible for services and the LEA may attempt to resolve the matter with the parent by:

(1) Discussing the matter through appropriate informal means;

(2) Requesting mediation; or

(3) Requesting that the student be reevaluated to determine if he or she continues to be eligible for special education services. A reevaluation could consist of a review of existing data.

(e) A parent may revoke consent at any time subsequent to the initial provision of special education and related services. The revocation of consent shall be in writing, on a form provided by the LEA or in any other written form, and should indicate the date of revocation. Upon receipt of such a revocation of consent, the LEA:

(1) Shall provide prior written notice to the parent that it is ceasing the provision of special education and related services and then may not continue to provide special education and related services;

(2) May not use due process procedures, or mediation, in order to obtain agreement or a ruling that the services may be provided to the child;

(3) Will not be considered to be in violation of the requirement to make available a free, appropriate public education to the child for the failure to provide the child with the special education and related services for which the LEA requests consent; and

(4) Is not required to convene an IEP team meeting or develop an IEP for the child after the date of the revocation of consent.

(f) Revocation of consent is not retroactive and the LEA is not required to amend the child's education records to remove any references to the child's prior receipt of special education services.

2363.9 Distribution and Explanation of the IEP Document ( 34 C.F.R. § 300.323(d)) .

(a) The student's IEP shall be made accessible to each general education teacher, special education teacher, related service provider, and other service provider who is responsible for its implementation.

(b) Each teacher and provider described above shall be informed of:

(1) His or her specific responsibilities related to implementing the child's IEP; and

(2) The specific accommodations, modifications, and supports that shall be provided for the child in accordance with the IEP.

2363.10 IEP Requirements for Placements by LEAs in Independent Schools or Tutorial Programs ( 34 C.F.R. § 300.325) .

(a) Before an LEA places a student eligible for special education services in, or refers a student to, an independent school, or a tutorial program, the LEA shall initiate and conduct a meeting to develop an IEP for the student that reflects the change in placement.

(b) The LEA's placement shall be at no cost to the parents and the independent school or tutorial program shall provide an education that meets the standards that apply to education provided by the local LEA.

(1) Placements by LEAs in independent schools shall be in schools that have been approved according to Rule 2228.

(2) Placements by LEAs in tutorial programs shall be in programs that have been approved according to Rule 2230.

(c) The LEA shall ensure that a representative of the independent school or tutorial program either attends the meeting or is able to participate by other methods including individual or conference telephone calls.

(d) After a child with a disability enters an independent school or a tutorial program, any meetings to review and revise the student's IEP may be initiated and conducted by the school or tutorial program in accordance with the written agreement as entered into in conformance with Rule 2228.4.2. If the independent school or tutorial program initiates and conducts these meetings, the LEA shall ensure, to the extent required by Rule 2363.4, that an LEA Representative is involved in any decision about the student's IEP and agrees to any proposed changes in the IEP before those changes are implemented. Parent participation shall be required and documented as set forth in Rule 2363.4.

(e) When an independent school or a tutorial program implements a student's IEP, responsibility for compliance with the special education regulations with respect to that student remains with the LEA.

(f) A child placed in an independent school or a tutorial program by an LEA shall retain all of the rights of a child on an IEP who is attending a public school.

2363.11 IEP for a Student Moving into the LEA When the Student Has Been Eligible or Was Being Evaluated for Special Education in Another State or in Another Vermont LEA ( 34 C.F.R. § 300.323(e) and (f)) .

(a) Child Moving From Another Vermont LEA: If a child eligible for special education services moves from one Vermont LEA to another, the receiving LEA shall either adopt the IEP the former LEA developed for the child or develop a new IEP for the child. The receiving LEA shall implement the current IEP to the extent possible until a new IEP is developed. In the absence of exceptional circumstances, IEP services shall commence within one week of the time the child enrolls in the receiving LEA.

(b) Child Moving From an Out-Of-State LEA: If a child eligible for special education services in another state moves into a Vermont LEA within the same school year, the receiving LEA, in consultation with the parent, shall provide a FAPE to that child, including services comparable to those described in the child's IEP from the previous school, until the Vermont LEA:

(1) Conducts an evaluation to determine initial eligibility in Vermont; and

(2) If eligible, develops, adopts, and implements a new IEP.

(c) Child Moving During an Evaluation Process: If a child transfers to another LEA within the state or moves into a Vermont school from out of state, the completion of the evaluation shall be coordinated and completed by the new school, including documentation with the parents of the child of the expected completion date of the evaluation should it differ from the original expected date of completion. This evaluation should be completed as expeditiously as possible.

(d) To facilitate the transition of a child described in (a) and (b) of this rule the previous LEA and the child's new LEA shall take reasonable steps to promptly send and receive, in accordance with the provisions of Family Education Rights and Privacy Act (FERPA), the child's records, including the IEP, supporting documents and any other records relating to the child's special education and related services. This rule may not be interpreted to limit either the previous LEA or the new LEA's responsibilities pursuant to Rule 2365.2.12 and 2365.2.13.

2363.12 IEP Accountability.

(a) Each LEA shall:

(1) Provide special education and related services to an eligible student in accordance with the student's IEP; and

(2) Make a good faith effort to assist the student to achieve the goals and objectives or benchmarks listed in the IEP.

(b) These rules do not require that an LEA, teacher, or other person be held accountable if a student does not achieve the growth projected in the annual goals and benchmarks or objectives. However, these rules do not prohibit an LEA from establishing its own accountability systems.

(c) Nothing in this section limits a parent's right to ask for revisions of the student's IEP or to invoke due process procedures if the parent feels that the efforts required in paragraph (a) of this section are not being made.

2364 LEAST RESTRICTIVE ENVIRONMENT (LRE)

2364.1 General LRE Requirements ( 34 C.F.R. § 300.114) .

(a) Each LEA shall ensure that:

(1) A student eligible for special education services shall be educated with his or her non-disabled chronological age peers, to the maximum extent appropriate in the school he or she would attend if he or she did not have a disability; and

(2) Special classes, separate schooling or other removal of children with disabilities from the general educational environment shall occur only if the nature or severity of the child's disability is such that education in general classes with the use of supplementary aids and services cannot be achieved satisfactorily.

(b) Pursuant to 16 V.S.A § 2959(b), the IEP team may consider the cost of the provision of special education or related services to the child if:

(1) The IEP has been developed with the parents in accordance with Rule 2363;

(2) The IEP team has determined that the child's placement contained in the IEP is appropriate for the child,

(3) Each of the options under consideration by the IEP team for fulfilling the requirements of the child's IEP would constitute a free appropriate public education in the least restrictive environment for the child, and

(4) The funding mechanism for the special education service was not used to deny a free appropriate public education to the student.

2364.2 Continuum of Alternative Placements ( 34 C.F.R. § 300.115) .

(a) Each LEA shall ensure that a continuum of alternative placements is available to meet the needs of children who are receiving IEP services.

(b) The continuum shall include:

(1) Instruction in general education classes, special classes, special schools, independent schools, home instruction, and instruction in hospitals and residential facilities; and

(2) Provisions for supplementary services (such as resource room or itinerant instruction) to be provided in conjunction with general education class placements.

2364.3 Placements ( 34 C.F.R. § 300.116) .

(a) The IEP team shall determine the educational placement for the child given the following:

(1) Educational placement refers to the provision of special education and related services rather than a specific site; and

(2) The LEA determines the specific site of the educational placement, such as the specific classroom or specific school.

(b) Placement decisions shall be made on the basis of the student's individual circumstances and not on the basis of the student's disability category.

(c) Unless the IEP of a child with a disability requires some other arrangement, the child shall be educated in the school that he or she would attend if non-disabled.

(d) Barriers to the participation of students with disabilities in the general education environment shall be addressed whenever possible by the provision of accommodations, modifications, and supplementary aids and services rather than by placement in separate programs.

(e) A child with a disability shall not be removed from education in age-appropriate general classrooms solely because of needed modifications in the general curriculum.

(f) In selecting the LRE, consideration shall be given to any potential harmful effect on the student or on the quality of services that he or she needs.

(g) The placement decided upon shall be:

(1) Determined at least annually;

(2) Consistent with the other provisions of the child's IEP; and

(3) As close as possible to the child's home, unless the parent agrees otherwise.

2364.4 Residential Placements by LEAs.

2364.4.1 Individual Residential Placements Funding of individual residential placements shall be in accordance with 16 V.S.A. Chapter 101, subchapter 2 and 16 V.S.A. § 2958(c)(2). Applications for funding of individual residential placements shall undergo the residential review process set forth in 16 V.S.A. § 2958 and Rule 2364.4.1.1.

2364.4.1.1 Residential Placement Review Team

As needed, the Secretary may appoint Agency of Education employees and others to a residential placement review team. Members of the team shall be subject to the confidentiality provisions of State and federal law. The team shall have those responsibilities set forth in 16 V.S.A. § 2958(b). The team shall be composed of at least two members:

(1) one who has knowledge about the child's area of disability and

(2) the other who has knowledge of available resources and services in the LEA's region of the State, and, where relevant to the provision of a continuum addressing the student's disability, elsewhere in the State and in their region of the United States.

2364.4.1.2 Early Notification to the Secretary

(a) Each LEA shall provide timely notification to the Secretary, in writing, with a copy sent to the student's parents, that residential placement is being considered as a possible option for inclusion in the student's IEP when there has been:

(1) A recommendation by the Evaluation and Planning Team for residential placement;

(2) A unilateral residential placement by the parents or by another State agency, pursuant to 16 V.S.A. § 2942(7);

(3) An annual review for a student already in residential placement; or

(4) When any circumstance warrants consideration by the LEA that residential placement is a possible option for inclusion in a student's IEP.

(b) Nothing herein shall be construed to mean that a student who falls within one of the above four categories necessarily requires residential placement. Additionally, nothing herein shall be construed to mean that notice to the Secretary represents a decision of the IEP participants.

(c) Reimbursement for residential placements shall be for placements from the date the Agency receives the notification in accord with this section. This requirement shall not apply to emergency placements made due to life-threatening events to a child or to other exceptional circumstances approved by the Secretary or designee after request by an LEA and recommendation of the residential review team.

2364.4.1.3 Timelines

Unless extraordinary circumstances are presented, each LEA shall notify the Secretary at least 30 days prior to a change of placement to a residential placement, or other program, or 30 days prior to the IEP meeting where continuation at a residential placement or program is being considered. Such notice shall be given as soon as possible so that the involvement of the review team, if deemed necessary by the Secretary, does not interfere with the timelines for the placement decision.

2364.4.1.4 Receipt of IEP

Prior to an IEP team's determination that a student requires residential placement, the LEA shall forward the following documents to the Secretary:

(a) The student's most recent Evaluation Plan and Report;

(b) Current IEP;

(d) Any other relevant information.

2364.4.1.5 Residential Review Team Procedures

(a) Upon receiving notice under Rule 2364.4.1.2 or the IEP under Rule 2364.4.1.4, or upon request by a parent to establish a residential placement review team to review his or her child's case, whichever comes earlier, the Secretary may establish a review team. Within ten working days of receipt of the notice, the IEP, or the parental request, the Secretary or the Secretary's designee shall notify the LEA and the parents whether or not a review team has been constituted or reconvened.

(b) The review team or any designated member thereof shall promptly investigate the need for residential placement of a student and provide technical assistance to the LEA concerning the need for residential placement, alternatives to residential placement, and alternative cost-effective residential facilities.

(c) Within 30 days, or fewer, of its establishment, the team, after investigation, may take any of the following actions, depending on the circumstances associated with the request for residential placement:

(1) Advise the LEA and parents on alternatives to residential placement;

(2) Review the individualized education program calling for residential placement of a student to consider whether the student can be educated in a less restrictive environment;

(3) Assist the LEA in locating cost effective and appropriate residential facilities where necessary;

(4) Request, but not require, a new IEP when it believes that appropriate alternatives to residential placement are available; or

(5) Offer mediation as a means of resolving disputes relating to the need for residential placement, the particular residential facility recommended for a student with a disability, or the associated costs.

(6) The residential review team shall provide notice in writing to the LEA's IEP team if and when it determines, as a result of its review, that residential placement, or that a particular residential placement, is not appropriate. The notice shall set forth the reasons(s) for the team's conclusions.

(d) The Secretary may waive any provision of Rule 2364.4.1.5, not otherwise inconsistent with law for emergency placements or administrative efficiency.

(e) Where the team or its designee finds that the placement practices or policies of an LEA are substantially inconsistent with least restrictive environment provisions of State or federal law, it may require the agency to submit a plan of correction.

(f) Where the residential review team has identified, with the timelines noted above, residential facilities or alternative educational programs that are available, appropriate, and less costly, and has presented such facilities or programs to the IEP team for consideration during the IEP team's consideration of placement alternatives, and the IEP team has chosen to place the child in a more costly residential facility or program, the amount of reimbursement by the State to the LEA shall be based upon the less costly placement. In such an instance, the LEA may appeal the decision of the Secretary to the State Board of Education in accordance with Rule 1230.

(g) Where the recommendation of the residential review team to IEP team is for a residential program or facility operated or developed by, or funded directly or indirectly through, another State agency, it shall be the responsibility of the residential review team, the LEA, and the IEP team to work with the State agency in a timely manner and in accordance with the Part B Interagency Agreement, as amended.

(h) If placement in a public or private residential program is necessary to provide special education and related services to a child with a disability, the program, including non-medical care and room and board, shall be at no cost to the parents of the child. ( 34 C.F.R. § 300.104)

(i) The Secretary, or the Secretary's designee, shall establish a system whereby the Agency of Education identifies and maintains current information on residential facilities, or other programs in Vermont and elsewhere, that provide educational programs to students with a variety of disabilities. Information about such facilities or programs may include, but not be limited to, the categories of disabilities served by the facility or program; the state's approval status; the costs associated with tuition and services for which the facility or program charges a fee; and any other pertinent information. Any information system created by the Agency shall include a description of procedures for gathering updated information.

2364.4.1.6 Due Process Hearing

When the residential review team recommends that a student does not require residential placement, the Secretary may initiate a special education due process hearing under Rule 2365.1.6 to determine the appropriate placement for the child.

2364.5 LRE for Non-Academic and Extra-Curricular Activities ( 34 C.F.R. § 300.117) .

(a) In providing or arranging for the provision of non-academic (e.g., meals and recess periods) and extra-curricular services and activities, the LEA shall ensure that an eligible student participates with non-disabled students in those services and activities to the maximum extent appropriate to the needs of that student.

(b) The LEA shall ensure that each child with a disability has the supplementary aids and services determined by the child's IEP team to be appropriate and necessary for the child to participate in non-academic and extra-curricular activities.

2364.6 Technical Assistance, Training and Monitoring Activities for LRE ( 34 C.F.R. § 300.119-120).

(a) The Vermont Agency of Education shall:

(1) Provide training and technical assistance to teachers and administrators in public and independent schools approved for the provision of special education services to assist them in implementing the LRE requirements in Rule 2364.

(2) Monitor an LEA's compliance with LRE requirements in Rule 2364. If there is evidence that an LEA makes placements that are inconsistent with LRE requirements, the Agency shall:

(i) Review the LEA's justification for its actions;

(ii) Assist in planning and implementing any necessary corrective action; and

(ii) Apply as necessary the enforcement policy and procedures contained in the Vermont State Board of Education policy on "Denial of Federal Special Education Funds to an LEA."

2364.7 Instruction for Homebound or Hospitalized Special Education Students.

(a) Children who are eligible for essential early education services who are homebound or hospitalized due to a medical condition and are unable to access the services outlined in their current IEP shall receive direct instruction as determined by the child's IEP team unless inconsistent with medical recommendations.

(b) Homebound or hospitalized elementary special education students and elementary special education students whose IEPs call for tutorial services outside school shall receive instruction sufficient to provide a FAPE pursuant to their IEPs, for no less than six hours per week unless inconsistent with medical recommendations.

(c) Homebound or hospitalized secondary special education students and secondary special education students whose IEPs call for tutorial services outside school, shall receive instruction sufficient to provide a FAPE pursuant to their IEPs for no less than an average of two hours per subject per week unless inconsistent with medical recommendations.

2365 PARENTAL RIGHTS AND CONFIDENTIALITY OF INFORMATION

2365.1 Parental Rights.

2365.1.1 Notice: Content of Notice ( 34 C.F.R. § 300.503)

An LEA shall provide written notice to the parent or guardian of a student within a reasonable time before it proposes to initiate or change, or refuses to initiate or change, a student's identification, evaluation, educational placement, or the provision of a free appropriate public education. This written notice shall contain:

(a) A description of the action proposed or refused by the LEA;

(b) An explanation of why the LEA proposes or refuses to take the action;

(d) A description of evaluation procedures, tests, records, or reports upon which the action is based;

(e) A description of other factors that are relevant to the proposed or refused action;

(f) A statement that the parents of special education students have procedural protections as set forth in the Parental Rights in Special Education Notice developed by the AOE and, if this notice is not pertaining to an initial referral for evaluation, the means by which a copy of a description of the procedural safeguards can be obtained;

(g) Sources for parents to contact to obtain assistance in understanding the provisions of their parental rights in special education; and

(h) The prior written notice shall be:

(1) Written in language understandable to the general public.

(2) Provided in the native language of the parent or other mode of communication used by the parent, unless it is clearly not feasible to do so.

(3) If the native language or other mode of communication of the parent is not a written language, the LEA shall take steps to ensure--

(i) That the notice is translated orally or by other means to the parent in his or her native language or other mode of communication;

(ii) That the parent understands the content of the notice; and

(iii) That there is written evidence that the requirements in subsections (i) and (ii) have been met.

(4) Available to the parent by electronic mail, if the LEA makes that option available and the parent elects to receive notices through this mode of communication.

2365.1.2 Procedural Safeguards Notice ( 34 C.F.R. § 300.504)

(a) A copy of the Parental Rights in Special Education Notice shall be given to the parents only one time a year, except that a copy also shall be given to the parents upon:

(1) Initial referral or parent request for an evaluation;

(2) Receipt of the first administrative complaint under Rule 2365.1.5 or a due process complaint under Rule 2365.1.6 in that school year;

(3) Request by a parent; and

(4) In accordance with the discipline procedures in Rule 4313.1.

(b) The Parental Rights notice includes a full explanation of all of the procedural safeguards available to the parent as they relate to:

(1) Independent educational evaluation;

(2) Prior written notice;

(3) Parental consent;

(4) Access to educational records;

(5) The opportunity to present and resolve complaints through the due process complaint and administrative complaint procedures, including:

(i) The time period in which to file a complaint;

(ii) The opportunity for the agency to resolve the complaint; and

(iii) The difference between the due process complaint and the State administrative complaint procedures, including the jurisdiction of each procedure, what issues may be raised, filing and decisional timelines, and relevant procedures;

(6) The child's placement during pendency of due process complaint proceedings;

(7) Procedures for students who are subject to placement in an Interim Alternative Educational Setting (IAES);

(8) Requirements for unilateral placement by parents of children in private independent schools at public expense;

(9) The availability of mediation;

(10) Due process hearings, including requirements for disclosure of evaluation results and recommendations;

(11) Civil actions including the time period in which to file those actions; and

(12) Attorneys' fees.

(1) Written in language understandable to the general public;

(2) Provided in the native language of the parent or other mode of communication used by the parent, unless it is clearly not feasible to do so. If the native language or other mode of communication of the parent is not a written language, the LEA shall take steps to ensure:

(i) That the notice is translated orally or by other means to the parent in his or her native language or other mode of communication;

(ii) That the parent understands the content of the notice; and

(iii) That there is written evidence that (i) and (ii) above have been met.

2365.1.3 Parental Consent ( 34 C.F.R. § 300.300)

(a) Informed parental consent shall be required:

(1) Before conducting an initial evaluation or reevaluation which consists of more than a review of existing data pursuant to Rule 2362.2.1 and 2362.2.3;

(2) Before the initial provision of special education and related services pursuant to Rule 2363.9. Consent for initial evaluation may not be construed as consent for initial provision of special education services.

(b) Consent, where given:

(1) Shall be after the parent has been fully informed of all information relevant to the activity for which consent is sought, in his or her native language, or other mode of communication; and

(2) Shall be in writing and shall indicate that it is given voluntarily with the knowledge that it may be revoked at any time, with the understanding that the revocation is not retroactive.

(1) Before reviewing existing data as part of an evaluation or a reevaluation;

(2) Before administering a test or other evaluation that is administered to all children unless, before administration of that test or evaluation, consent is required of parents of all children; or

(3) Before a reevaluation, if the LEA can demonstrate that it has taken reasonable measures to obtain consent and the parent failed to respond.

(d) If the parents of a child refuse consent for an initial evaluation or a re-evaluation which includes the gathering of new information:

(1) The LEA may continue to pursue these evaluations by seeking mediation, using due process, or reviewing existing data.

(2) The LEA may decide not to pursue the evaluation and shall document its justification for doing so in the child's record.

(3) If the parent of a child enrolled in public school or seeking to be enrolled in public school does not provide consent for initial evaluation under subsection (a)(1), or the parent fails to respond to a request to provide consent, the LEA may pursue the initial evaluation of the child by utilizing mediation or due process. The public school shall not have violated its obligation to locate, identify, and evaluate children suspected of being children with disabilities if it declines to pursue an evaluation to which a parent has failed to consent.

(e) Except as otherwise provided in these regulations, an LEA may not use a parent's refusal to consent to an initial evaluation to deny the parent or child any LEA service, benefit, or activity outside of special education.

2365.1.4 Mediation ( 34 C.F.R. § 300.506)

(a) A mediation process administered by the Secretary shall be available to parents of students with disabilities, LEAs, and other public agencies with a special education dispute, including matters arising prior to the filing of a due process complaint.

(b) The mediation process shall be voluntary on the part of the parties and shall not be used to deny or delay a parent's right to file a due process complaint or right to a due process hearing or any other rights. Mediation may be terminated at any time by any of the parties or by the mediator.

(d) Written requests for mediation shall be submitted to the Vermont Agency of Education, Special Education Mediation Service (AOE-SEMS). Upon receipt of such request, the Agency shall send each parent who requests mediation the Parents' Rights in Special Education Notice and shall send its mediation procedures to all parties to the mediation. The agreement to mediate shall be in writing on a form approved by the Secretary and signed by all parties. If the request cannot be in writing due to special circumstances, such as an inability to communicate in writing, the request may be made through other means of communication.

(e) The Agency of Education shall maintain a list of qualified and impartial mediators who are trained in effective mediation techniques.

(f) Mediators shall:

(1) Be knowledgeable in law and regulations relating to the provision of special education and related services.

(2) Not be employees of the Agency, an LEA, or any other public agency that is involved in the education or care of the child and shall not have any personal or professional conflicts of interest.

(3) Be assigned to a case by the Secretary on a random, rotational, or other impartial basis from the list.

(4) Be assigned to a case by the Agency no later than five days from receipt of a joint written request for mediation or upon receipt of one party's written request and telephone or other confirmation by the other party or parties.

(g) Each party to mediation shall ensure that a person in attendance has decision-making authority for the party.

(h) Parents may be accompanied to the mediation by legal counsel, an advocate, a support person, and/or family members. If the parents plan to be accompanied to the mediation by legal counsel, they shall notify the LEA prior to the mediation. LEAs may be accompanied by legal counsel in the mediation only when the parents are accompanied by legal counsel in the mediation.

(i) Each session in the mediation process shall be scheduled in a timely manner and shall be held in a location that is convenient to the parties. If the mediation was initiated subsequent to the initiation of a due process of the same matter, but not after the resolution period in Rule 2365.1.6.8 has lapsed, the due process timeline of Rule 2365.1.6 shall commence following the end of the resolution period.

(j) The parties to mediation shall be required to sign a confidentiality pledge prior to the commencement of the mediation to ensure that all discussions that occur during mediation remain confidential and may not be used as evidence in any subsequent due process hearing or civil proceeding, except pursuant to subsection (k)(1) of this rule.

(k) If the parties resolve a dispute through the mediation process, the parties shall execute a legally binding agreement that sets forth that resolution and that:

(1) States that all discussions that occurred during the mediation process will remain confidential; the mediator shall not be called as a witness in any future due process proceeding to testify regarding any information gained during the course of mediation. Any statements made at the mediation shall not be used as evidence in any subsequent due process hearing or civil proceeding arising from that dispute; however, signed mediation agreements may be released for the purpose of enforcement thereof in a due process proceeding or court of competent jurisdiction; and

(2) Is signed by the parent, a representative of each other party who has the authority to bind such party, and the mediator. The mediation agreement shall be confidential unless otherwise agreed upon; however, a copy shall be provided to the Vermont Agency of Education.

(3) Is enforceable in a due process proceeding, any state court of competent jurisdiction, or in a district court of the United States.

(l) The mediation agreement shall become a part of the child's educational record or the parties shall, at a minimum, reference relevant provisions of the mediation agreement in the child's IEP.

2365.1.5 Administrative Complaints ( 34 C.F.R. § 300.151)

(a) Any person or organization alleging that an LEA or public agency has violated a requirement of Part B of the IDEA or implementing federal or State special education regulations, may file a signed written complaint with the Secretary of Education.

(b) The complaint may be filed utilizing the available state form, or other form, and shall include-

(1) A statement that a public agency has violated a requirement of Part B of the IDEA;

(2) The facts on which the statement is based;

(3) The signature and contact information for the complainant; and

(4) If alleging violations against a specific child:

(i) The name, age, and address of the residence of the child;

(ii) The name of the school the child is attending;

(iii) In the case of a homeless child or youth (within the meaning of section 725(2) of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. § 11434a(2)) , available contact information for the child, and the name of the school the child is attending;

(iv) A description of the nature of the problem of the child, including facts relating to the problem; and (v) A proposed resolution of the problem to the extent known and available to the party at the time the complaint is filed.

(c) Except for due process complaints covered under Rule 2365.1.6, the complaint shall allege a violation that occurred not more than one year prior to the date that the complaint is received.

(d) The party filing the complaint shall forward a copy of the complaint to the LEA or public agency serving the child at the same time the party files the complaint with the Secretary of Education.

(e) The Secretary will not accept a complaint that fails to comply with (b) through (d).

(f) Upon receipt of a complaint, the Secretary shall inform the complainant and the LEA of the option to use mediation.

The Secretary shall appoint a complaint investigator to conduct an investigation.

(1) The complaint investigator shall examine evidence presented on behalf of the complainant and on behalf of the LEA.

(2) At the discretion of the complaint investigator, the complaint may be investigated by way of a document review, meeting, hearing, on-site investigation, or any combination thereof. The complaint investigator will give the LEA the opportunity to respond to the complaint and at the LEA's discretion, the opportunity to respond with a proposal to resolve the complaint. Once the Secretary notifies the complainant that s/he has received the complaint, the investigator will give the complainant 15 days to submit additional information either orally or in writing about the allegations in the complaint.

(3) If a hearing is scheduled, the complaint investigator shall have the powers and duties set forth below:

(i) Conduct pre-hearing conferences;

(ii) Conduct any hearings that may be required;

(iii) Prepare proposed findings of facts and conclusions of law for a decision by the Secretary; and

(iv) Any other powers and duties set forth in State Board of Education Rule 1236.1.

(4) No later than 60 days after receipt of the complaint, the Secretary shall issue a written decision. This time limit may be extended only if exceptional circumstances exist with respect to a particular complaint or if the complainant and the LEA agree to extend the time to engage in mediation.

(g) If the Secretary determines that the LEA has violated a requirement of Part B of the IDEA or implementing federal or State special education regulations, the investigation report shall address how to remediate the violation as well as any resulting denial of those services, including, as appropriate, requiring the evaluation planning team or IEP team to reconvene to reconsider an evaluation determination or offer of special education and related services, the awarding of monetary reimbursement or other corrective action appropriate to the needs of the child, as well as appropriate future provision of services for all children with disabilities.

(h) Administrative Complaints filed under this rule and due process hearings filed under Rule 2365.1.6 are subject to the following:

(1) If a written complaint is received that is also the subject of a due process hearing, or contains multiple issues, of which one or more are part of that hearing, the Secretary shall set aside any part of the complaint that is being addressed in the due process hearing until the conclusion of the hearing. However, any issue in the complaint that is not a part of the due process action shall be resolved using the time limit and procedures described above.

(2) If the subject of an administrative complaint filed under this rule has previously been decided in a due process hearing involving the same parties:

(i) The due process hearing decision is binding; and

(ii) The Secretary shall inform the complainant to that effect.

(3) If a parent, who prevailed at a due process hearing, files an administrative complaint alleging that an LEA failed to implement the hearing officer's decision, the Secretary shall resolve the complaint.

(i) The Secretary's written decision in subsection (f)(4) is not subject to appeal. Nothing herein shall be interpreted to preclude a parent or an LEA from filing a due process complaint on any matters regarding the identification, evaluation, or placement of the child or the provision of a FAPE pursuant to Rule 2365.1.6.2. If a parent or LEA files a due process complaint pursuant to Rule 2365.1.6.2 and the matter was previously the subject of an administrative complaint, the hearing officer will hear the case de novo (anew).

(j) A complaint may also be filed regarding provision of Part C of the IDEA. Investigation of a Part C complaint shall be completed in coordination with the Agency of Human Services, Department of Health, Child Development Division. A written complaint should be sent to the Director of the Children's Integrated Services/Early Intervention (CIS/EI) and the Secretary of Education.

2365.1.6 Due Process Complaint Procedures

2365.1.6.1 Timeliness of Due Process Complaint Request

(a) A written due process complaint notice shall be filed with the Secretary:

(1) Within two years of the date the parent or agency knew or should have known about the alleged action that forms the basis of the due process complaint.

(2) Notwithstanding (1) above, within 90 days of a unilateral special education placement by the child's parent, where the request is for reimbursement of the costs of such placement.

(3) Exceptions to the timeline. The timelines described in (a)(1) and (2) above do not apply to a parent if the parent was prevented from filing a due process complaint due to:

(i) Specific misrepresentations by the LEA that it had resolved the problem forming the basis of the due process complaint; or

(ii) The LEA's withholding of information from the parent that was required under this part to be provided to the parent.

(4) Where the parent has not been given proper notice of special education rights under state and federal law, including notice of the limitations in this section, such limitations shall run from the time notice of those rights is properly given.

(5) With same day notification to the LEA pursuant to rule 2365.1.6.3.

2365.1.6.2 Initiation of Due Process Hearing by a Parent, an LEA, or the Secretary ( 34 C.F.R. §§ 300.508 and 509)

(a) The Secretary shall make available a model form for a parent or LEA to use to initiate a due process complaint. However, the Secretary may not require the use of this model form. If the parent or LEA use a document other than the model form, that document shall meet the content requirements for filing a due process complaint in subsection (c).

(b) A parent or an LEA may file a due process complaint on any matters regarding the identification, evaluation, or placement of the child or the provision of a free appropriate public education by sending a written Due Process Complaint Notice to the Secretary with a copy sent to the other party. If the notice cannot be in writing due to special circumstances, such as an inability to communicate in writing, the notice may be made through other means of communication.

(c) The party requesting a hearing shall submit the written due process complaint to the Secretary and to all other parties, which shall contain the following information:

(1) The name and date of birth of the child;

(2) The address of the residence of the child; in the case of a homeless child or youth (within the meaning of section 725(2) of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. § 11434a(2)) , available contact information for the child;

(3) The name of the school the child is attending;

(4) A description of the nature of the problem relating to the proposed, or refused initiation or change of the child's identification, evaluation, and/or educational placement, and the facts relating to the problem; and

(5) A proposed resolution of the problem to the extent known and available to the complainant at the time.

(d) A party may not have a hearing on a due process complaint or engage in a resolution session until the party, or the attorney representing the party, files a due process complaint that meets the requirements of subsection(c) above.

(e) The party requesting the due process hearing may not raise issues at the due process hearing that were not raised in the complaint filed, unless the other parties agree otherwise.

(f) The Secretary may request a due process hearing in accordance with 16 V.S.A. § 2958(c)(1) to challenge the need for residential placement where the residential placement review team recommends that a less restrictive educational placement is both available and appropriate for a child who is eligible for special education services.

(g) If a parent requests the information or if a due process complaint notice is received, the Secretary shall inform the parent of any free or low-cost legal and other relevant services available in the area.

2365.1.6.3 Notification by Secretary to LEA of Receipt of Request for Hearing

If the due process complaint is initiated by a parent, the Secretary shall within 24 hours notify the LEA by facsimile transmission, telephone, or electronic mail, confirmed in writing by first class mail. Notification to the LEA by the Agency shall be made specifically to the special education administrator, if the LEA has a special education administrator on staff. If the LEA does not have a special education administrator on staff, notification to the LEA shall be made to the superintendent.

2365.1.6.4 Commencement of the Due Process Complaint; Elements of Complaint Process

(a) The hearing process shall commence on the date the Secretary receives a request for a hearing. If received outside of regular business hours, the process shall commence on the next business day.

(b) A due process hearing shall include the following:

(1) An initial telephone conference call pursuant to Rule 2365.1.6.7.

(2) A prehearing conference as in Rule 2365.1.6.11 for the due process hearing, that results in a hearing officer's prehearing order.

(3) A hearing that, except for good cause shown, shall be limited to two business days. The hearing officer will grant additional time only if necessary for a full, fair disclosure of the facts necessary to arrive at a conclusion.

(4) A hearing officer's decision pursuant to Rule 2365.1.6.16 that shall be the final decision of the Agency of Education.

2365.1.6.5 Sufficiency of Complaint

(a) The due process complaint shall be deemed sufficient unless an opposing party receiving the due process complaint notifies the hearing officer and the complaining party in writing, within 15 days of receipt of the due process complaint, that the opposing party believes that the due process complaint does not meet the requirements in Rule 2365.1.6.2. Filing of such a notification by an opposing party shall not be grounds to delay the resolution session required under Rule 2365.1.6.8.

(b) Within five days of receipt of notification under subsection (a), the hearing officer shall make a determination on the face of the due process complaint of whether the due process complaint meets the requirements of Rule 2365.1.6.2, and shall immediately notify the parties in writing of that determination and the status of the due process complaint. If the hearing officer determines that the due process is insufficient, he or she shall identify how the complaint is insufficient.

(1) The other party's consent in writing to the amendment and are given the opportunity to resolve the amended due process complaint through a resolution meeting held pursuant to Rule 2365.1.6.8; or

(2) The hearing officer grants permission, except that the hearing officer may only grant permission to amend at any time not later than five days before the due process hearing begins.

(d) If a party files an amended due process complaint, the timelines for the resolution session and the resolution period begin again with the filing of the amended due process complaint.

2365.1.6.6 Response to Issues Raised in Complaint ( 34 C.F.R. § 300.508)

(a) LEA Response:

(1) If the LEA has not sent a prior written notice under Rule 2365.1.1 to the parent regarding the subject matter contained in the parent's due process complaint, the LEA shall, within ten days of receiving the due process complaint, send to the parent a response that includes:

(i) An explanation of why the agency proposed or refused to take the action raised in the due process complaint;

(ii) A description of other options that the IEP team considered and the reasons why those options were rejected;

(iii) A description of each evaluation procedure, assessment, record, or report the agency used as the basis for the proposed or refused action; and

(iv) A description of other factors that are relevant to the agency's proposed or refused action.

(2) A response by the LEA under subsection (a)(1) shall not be construed to preclude the LEA from asserting that the parent's due process complaint was insufficient.

(b) Party Other Than an LEA Response. Except as provided in subsection (a), the party receiving a due process complaint shall, within ten days of receiving the due process complaint, send to the other party a response that specifically addresses the issues raised in the due process complaint.

2365.1.6.7 Scheduling of Resolution Session, Mediation, Prehearing Conference, and Due Process Hearing

(a) Within three business days of receipt of the complaint, the Secretary shall schedule and notify the parties in writing of the following:

(1) The appointed hearing officer to preside at the due process hearing;

(2) The time and date of an initial telephone conference call with the hearing officer to be held with the parties or their attorneys no later than five business days from receipt of the complaint;

(3) The legal authority under which the hearing is held;

(4) A copy of the request for due process hearing;

(5) The right to have an attorney present to represent each party at the party's expense with the exception of Rule 2365.1.6.8 (iii); and

(6) Information for the parent regarding any free or low-cost legal and other relevant services available in the area.

(b) In the initial telephone conference call, the hearing officer will establish and issue a due process scheduling order detailing the following:

(1) Whether the parties have agreed to waive in writing the resolution session and if they intend to attempt mediation.

(2) If the resolution session is not waived, a date and time for the resolution session.

(3) If the resolution session is waived and mediation accepted, the hearing officer will notify the Agency of a date by which mediation shall occur, and the Agency will assign a mediator.

(4) If the resolution session is waived and mediation rejected, the hearing process will commence consistent with the timelines in Rule 2365.1.6.8.

(5) The dates for the prehearing conference, five-day rule disclosure, due process hearing, and final decision using the timelines in Rules 2365.1.6.7, 2365.1.6.9, and 2365.1.6.16.

(6) If both parties agree, the hearing officer may also address any concerns about the sufficiency of the complaint.

(7) The hearing officer may also address any modifications to Rule 2365.1.6 necessary to address special circumstances, such as a party's inability to communicate in writing or disability.

(8) The scheduling shall allow for the following:

(i) A date for a resolution session or a date by which mediation shall occur, if the parties so decide;

(ii) A half business day for a prehearing conference; and

(iii) Two business days for a hearing, except for good cause shown pursuant to Rule 2365.1.6.4 and Rules 2365.1.6.15.

2365.1.6.8 Resolution Session ( 34 C.F.R. § 300.510)

(a) Convening a Resolution Session

(1) The LEA shall convene a resolution session on the date scheduled by the hearing officer at the initial conference, if the parties have not been able to agree on a mutually convenient time and date. The resolution session shall be held no later than 15 days after receiving notice of the due process complaint. The session will include the parents and the relevant member or members of the IEP team who have specific knowledge of the facts identified in the due process complaint, and:

(i) Shall include a representative of the LEA who has decision-making authority on behalf of the LEA;

(ii) The LEA and the parents determine the relevant members of the IEP team to attend the session; and

(iii) May not include an attorney of the LEA unless the parent is accompanied by an attorney.

(2) The purpose of the session is for the party filing the complaint to discuss their due process complaint, and the facts that form the basis of the due process complaint, so that the other party has the opportunity to resolve the dispute that is the basis for the due process complaint.

(3) The parties may agree in writing that discussions that occur during the resolution session are confidential and may not be used as evidence in any subsequent due process hearing or civil proceedings arising from that dispute.

(4) The session described in subsections (a)(1) and (2) need not be held if:

(i) The parents and the LEA agree in writing to waive the session and so notify the hearing officer; or

(ii) The parents and the LEA agree to use the mediation process described in Rule 2365.1.4 and so notify the hearing officer.

(b) Resolution Period

(1) If the LEA has not resolved the due process complaint to the satisfaction of the parents within 30 days of the receipt of the due process complaint, the due process hearing may occur, and all of the applicable timelines for a due process hearing shall commence.

(2) The timeline for issuing a final decision under Rule 2365.1.16 begins at the expiration of this 30-day period.

(3) If the LEA is unable to obtain the participation of the parent in the resolution meeting after reasonable efforts have been made (and documented by making a record of its attempts to arrange a mutually agreed upon time and place), the LEA may, at the conclusion of the 30-day period, request that a hearing officer dismiss the parent's due process complaint.

(4) If the LEA fails to hold the resolution session within 15 days of receiving notice of a parent's due process complaint or fails to participate in the resolution meeting, the parent may seek the intervention of the hearing officer to begin the due process hearing timeline.

(5) Adjustments to the 30-day resolution period. The 45-day timeline for the due process hearing in Rule 2365.1.6.16 starts the day after one of the following events:

(i) Both parties agree in writing to waive the resolution meeting and reject mediation;

(ii) After either the mediation or resolution meeting starts but before the end of the 30-day period, the parties agree in writing that no agreement is possible;

(iii) If both parties agree in writing to continue the mediation at the end of the 30-day resolution period, but later, the parent or LEA withdraws from the mediation process.

(6) The timelines for resolution session may be shortened pursuant to an expedited hearing request under Rule 2365.1.6.17.

(c) Written settlement agreement. If a resolution to the dispute is reached at the session described in paragraph (a) of this section, the parties shall execute a legally binding agreement that is:

(1) Signed by both the parent and a representative of the LEA who has the authority to bind the LEA; and

(2) Enforceable by filing in any state court of competent jurisdiction or in a district court of the United States.

(d) Agreement review period. If the parties execute an agreement pursuant to subsection (c), a party may void the agreement within three business days of the agreement's execution. Nothing in this rule shall preclude either party from consulting with an attorney at any time.

2365.1.6.9 Time of Hearing; Withdrawal or Other Action for Dismissal of Hearing

(a) The hearing shall be scheduled to begin as soon as possible but no later than 35 days after expiration of the resolution period pursuant to Rule 2365.1.6.8, provided that when an expedited hearing under Rule 2365.1.6.17 is requested, the hearing shall be scheduled to begin no later than 20 days after the receipt of the request by the Secretary.

(b) A parent may withdraw a request for a due process hearing without prejudice until such time as the parent retains legal counsel. "Withdrawal without prejudice" does not stop or in any other way alter the statutory period(s) of limitations described in Rule 2365.1.6.1.

(c) Upon motion by a party or by independent action of the hearing officer, the hearing officer may order dismissal of a complaint for failure of any party to prosecute.

2365.1.6.10 Voluntary Production of Information; Motion for Production of Information

(a) Each party shall attempt in good faith to make a complete response to requests, as soon as practicable, for the voluntary production of information.

(b) When a dispute between parties arises concerning a request for the voluntary production of information, releases or documents, any party may file a motion requesting that the hearing officer order the parties to comply with information requests.

(1) The motion shall be filed at least seven business days before the prehearing conference, and a response shall be filed and provided to the moving party at least one business day prior to the prehearing conference, or as soon as possible after receiving a notice of intent to object to all or part of a request for production.

(2) The moving party's motion shall:

(i) List with specificity the information it is seeking to discover; and

(ii) Set forth in detail those factors which it believes justify its request for information.

(3) When a party has demonstrated that such request for information is relevant to the issues described in the hearing notice or identified by the hearing officer as a result of the prehearing conference and is necessary for a full and fair presentation of the evidence at the hearing, the hearing officer shall grant the motion.

2365.1.6.11 Prehearing Conference Procedures

(a) The prehearing conference required by Rule 2365.1.6.4 shall be conducted by a hearing officer at a neutral site located in or near the LEA in which the due process matter is pending. The prehearing conference shall be as follows:

(1) Detailed Written Statement: At least three days before the prehearing conference, the complaining party shall provide the hearing officer and the opposing party a detailed written statement of what he/she believes are the issues to be addressed in the due process hearing, including any procedural violations. At least one day before the prehearing conference, the opposing part(ies) shall provide to the hearing officer and the complaining party a detailed written statement of any defenses. Any procedural violations known to a party or defenses not raised at or before the prehearing conference may be excluded at the due process hearing at the discretion of the hearing officer.

(2) Witness List: At the prehearing conference, the parties shall provide to the hearing officer and the opposing parties a preliminary list of the witnesses they plan to call and a general summary of the testimony they expect from each witness. This list may be supplemented at the time of the final five-day rule submissions.

(3) Statement of Facts: No later than the prehearing conference, each party shall provide to the hearing officer and the opposing party, a statement of facts. The intent of the statement of facts is to outline those facts which are not expected to be contested, so that only those issues which remain in dispute need be addressed at the hearing.

(4) Core Exhibits: No later than the prehearing conference, the LEA shall submit to the hearing officer and the parents a binder of proposed core exhibits consisting of the relevant portions of the student's file that the LEA expects will be introduced. Either party may supplement but not duplicate those proposed exhibits with the other material as long as the supplement is received by the hearing officer and the opposing party at least five days before the hearing.

(5) Order of Presentation at Hearing: The party that has initiated the hearing shall present its case first unless the hearing officer determines that the change in order of presentation would not materially prejudice any party's right to a full and fair hearing, and:

(i) The hearing would proceed in a more timely manner if the party not initiating the hearing presents their case first; or

(ii) The hearing would proceed in a more efficient manner if the party not initiating the hearing presents their case first.

(6) Hearing Officer's Prehearing Order: Following the prehearing conference, the hearing officer shall issue a prehearing order containing rulings on any motions heard at the conference, any decisions made about evidence or order of presentation, scheduling, or other related matters, and a clear and specific identification of the issues to be heard.

(7) Record of the Prehearing Conference: The hearing officer shall ensure that an electronic verbatim record shall be made of the prehearing conference. The recording shall become a part of the record of the case. Copies shall be made available to the parties on request.

2365.1.6.12 Use of Affidavits

(a) At hearing, parties may submit otherwise admissible testimony, in whole or in part, in the form of affidavits, so long as the witnesses are present at hearing for cross-examination by the opposing party.

(b) Testimony may also be submitted at hearing by affidavit, without an opportunity to cross examine the witness, by prior agreement of the opposing party.

(c) Affidavits to be introduced as evidence at hearing shall be disclosed to the opposing party no fewer than three business days prior to the hearing.

2365.1.6.13 Final Disclosure of Evidence Occurring Five Days before Hearing.

(a) At least five business days prior to a hearing, each party shall disclose to all other parties all evidence, including a final witness list with a brief description of each witness's testimony and copies of documentary evidence including all evaluations completed by that date and recommendations based on such evaluations, that the party intends to use at the hearing. If neither party objects, the parties shall submit copies of their exhibits to the hearing officer two business days prior to a hearing.

(b) Any evidence supplementing the core exhibits shall be legibly labeled in the upper right-hand corner with consecutive Arabic numerals as either "LEA Exhibit (number)" or "Parent Exhibit (number)", as appropriate. An index, by title, of all exhibits submitted shall also be exchanged.

(c) Unless the other party consents to the inclusion, a hearing officer may exclude evidence, including an evaluation or recommendation, not disclosed in accordance with this section.

2365.1.6.14 Notification Concerning Agreement

(a) If the parent and the LEA reach a settlement agreement prior to the hearing, the LEA shall notify the hearing officer in writing and include a written statement signed by both parties requesting the cancellation of the hearing and the dismissal of the case with prejudice.

(b) A settlement agreement, whether reached through a resolution session, mediation, or other means of negotiation between the parties, shall not constitute a final decision or order of the hearing officer.

(c) A legally binding settlement agreement, whether reached through a resolution session subject to a review period pursuant to Rule 2365.1.6.8, mediation, or other means of negotiation between the parties, shall be enforceable in a due process hearing, any State court of competent jurisdiction, or in a district court of the United States.

2365.1.6.15 Hearing Procedures ( 34 C.F.R. § 300.512)

(a) All hearings shall be electronically recorded by the hearing officer or his/her designee. The hearing officer shall also arrange for a stenographic recording of the hearing.

(b) The order of the presentation shall be determined pursuant to Rule 2365.1.6.11.

(1) Be accompanied and advised by legal counsel and by individuals with special knowledge or training with respect to the problems of children with disabilities;

(2) Present evidence and confront, cross-examine, and compel the attendance of witnesses and the production of relevant documents.

(3) Request that the hearing officer prohibit the introduction of affidavits pursuant to Rule 2365.1.6.12 that have not been disclosed to that party at least three business days before the hearing or any other evidence at the hearing that has not been disclosed to that party at least five business days before the hearing;

(4) Obtain a written, or at the option of the parents, electronic, verbatim record of the completed hearing; and

(5) Obtain written, or, at the option of the parents, electronic findings of fact and decisions.

(6) The record of the hearing and the findings of fact and decisions shall be provided at no cost to the parents.

(d) Parents involved in a hearing may:

(1) Have the child who is the subject of the hearing present; and

(2) Open the hearing to the public. If a due process hearing is open to the public, the hearing officer shall seat the members of the public in such a way that does not interfere with the proceedings.

(e) Each party shall have one day to present its case, unless the hearing officer determines that additional time is necessary for a full, fair disclosure of the facts necessary to arrive at a conclusion. The party filing the due process complaint has the burden of proof. The time allowed for each party's presentation shall include both direct examination of its witnesses and cross examination of its witnesses by the opposing party.

(f) The hearing officer may limit the number and examination of witnesses to eliminate redundant, cumulative, or irrelevant testimony.

2365.1.6.16 Decision; Extension of 45-Day Period ( 34 C.F.R. § 300.515)

(a) The shall ensure that not later than 45 days after expiration of the resolution period under Rule 2365.1.6.8:

(1) A final decision is reached in the hearing;

(2) A copy of the decision is sent by first class mail to each of the parties; and

(3) The final decision includes a statement regarding the appeal rights pursuant to Rule 2365.1.8.

(b) A hearing officer may grant extensions of time beyond the period set out in (a) above, except as to expedited hearings, for specific periods of time at the request of either party if:

(1) The child's educational progress or well-being would not be jeopardized by the delay;

(2) The party would not have adequate time to prepare and present the party's position at the hearing in accordance with the requirements of due process; and

(3) The need for the delay is greater than any financial or other detrimental consequences likely to be suffered by a party in the event of the delay.

(1) Subject to subsection (2) below, a hearing officer shall make a decision on substantive grounds based on a determination of whether the child received a FAPE.

(2) In matters alleging a procedural violation, a hearing officer may find that a child did not receive a FAPE only if the procedural inadequacies:

(i) Impeded the child's right to a FAPE;

(ii) Significantly impeded the parents' opportunity to participate in the decision-making process regarding the provision of a FAPE to the parents' child; or

(iii) Caused a deprivation of educational benefit.

(3) Nothing in this section shall be construed to preclude a hearing officer from ordering an LEA to comply with procedural requirements under Rule 2365.1 through 2365.1.13.

(4) The Vermont Agency of Education, after deleting any personally identifiable information, shall:

(i) Transmit the hearing officer's findings and decisions to the State Special Education Advisory Panel; and

(ii) Make those findings and decisions available to the public.

2365.1.6.17 Expedited Due Process Hearings

(a) An expedited due process hearing procedure shall be available for disciplinary issues in accordance with Rule 4313.3.

(b) The expedited procedure shall provide a full due process hearing consistent with the requirements of Rules 2365.1.6.2, 2365.1.6.3, 2365.1.6.4, 2365.1.6.7, 2365.1.6.8, 2365.1.6.10 through 2365.1.6.16, but under a restricted time schedule as set out in subsections (c)-(j) of this section.

(1) Not exceed two days; and

(2) Be scheduled to be heard within 20 school days where the issue before the hearing officer will be whether there is a substantial likelihood of injury to self or others if the child is returned to the placement from which the child was removed.

(d) Upon being appointed, the hearing officer shall immediately arrange with the parties two days of hearing to occur within 20 school days of the filing of a complaint under Rule 2365.1.6.17. At the same time, the hearing officer shall schedule an expedited resolution session to be held no later than seven days of the receipt of the written complaint. Unless the matter has been resolved to the satisfaction of both parties within 15 days of the receipt of the complaint, the due process hearing may proceed. The hearing officer shall schedule a prehearing conference prior to the hearing.

(e) At least five business days prior to the hearing, each party shall disclose to all other parties all evaluations completed by that date and evidence to be offered at the hearing, and recommendations based on the offering party's evaluations that the party intends to use at the hearing. Any party to the hearing has the right to request that the hearing officer prohibit the introduction of evidence at the hearing that has not been disclosed to that party at least five business days before the hearing.

(f) Except for the timelines in subsections (c)(2), (d), (e), and (h), the hearing officer may waive any of the procedures in this section in a case, but only to the extent necessary to preserve the full and fair nature of the due process hearing. At the agreement of both parties, the hearing officer may reduce the timelines in subsections (c)(2), (d), (e), and (h).

(g) The hearing officer shall render a decision, including findings of fact and conclusions of law.

(h) The hearing officer shall mail a written decision to the parties by first class mail within ten school days following the hearing.

(i) Any party aggrieved by a decision of the hearing officer may appeal the decision as provided in Rule 2365.1.8.

2365.1.7 Impartial Hearing Officer ( 34 C.F.R. § 300.514)

(a) A hearing may not be conducted by a person who is an employee of the Agency of Education or the LEA, or by any person having a personal or professional interest that would conflict with his or her objectivity in the hearing. A person who otherwise qualifies to conduct a hearing is not an employee of the Agency solely because he or she is paid by the Agency to serve as a hearing officer.

(b) The hearing officer shall be a licensed attorney who:

(i) Has the knowledge of, and the ability to understand, the provisions of the IDEA, federal and state regulations pertaining to the Act, and legal interpretations of the Act by federal and state courts;

(ii) Has the knowledge and ability to conduct hearings in accordance with appropriate, standard legal practice; and

(iii) Has the knowledge and ability to render and write decisions in accordance with appropriate, standard legal practice.

(c) The Agency shall keep a list of individuals to serve as hearing officers and that list shall contain a statement of the qualifications of each of those persons.

2365.1.8 Finality of A Due Process Hearing Decision; Appeal ( 34 C.F.R. § 300.514)

(a) The decision of a hearing officer is final unless appealed to a state or federal court of competent jurisdiction.

(b) Parties have right to appeal the hearing decision by filing a civil action in a federal district court or a state court of competent jurisdiction in accordance with Rule 2365.1.9.

2365.1.9 Civil Action ( 34 C.F.R. § 300.516)

(a) Any party aggrieved by the findings and decision arising out of a due process hearing pursuant to Rule 2365.1.6 has the right to bring a civil action with respect to the matter. The action shall be commenced within 90 days of the hearing officer's decision in a state court of competent jurisdiction or in a district court of the United Statewithout regard to the amount in controversy.

(b) An award of attorneys' fees may be made pursuant to Rule 2365.1.10.

(1) Receives the records of the administrative proceedings;

(2) Hears additional evidence at the request of a party; and

(3) Basing its decision on the preponderance of the evidence, grants the relief that the court determines to be appropriate.

(d) Nothing in this rule restricts or limits the rights, procedures, and remedies available under the Constitution, the Americans with Disabilities Act of 1990, Title V of the Rehabilitation Act of 1973, or other federal laws protecting the rights of children with disabilities, except that before the filing of a civil action under these laws seeking relief that is also available under section 615 of the Act, the procedures under Rule 2365.1.6 shall be exhausted to the same extent as would be required had the action been brought under section 615 of the Act.

2365.1.10 Attorneys' Fees ( 34 C.F.R. § 300.517)

(a) In any action or proceeding brought under Section 1415 of the IDEA, the court, in its discretion, may award reasonable attorneys' fees as part of the costs to--

(1) The prevailing party who is the parent of a child with a disability;

(2) To a prevailing party who is the Vermont Agency of Education or an LEA against the attorney of a parent who files a complaint or subsequent cause of action that is frivolous, unreasonable, or without foundation, or against the attorney of a parent who continued to litigate after the litigation clearly became frivolous, unreasonable, or without foundation; or

(3) To a prevailing party who is the Vermont Agency of Education or an LEA against the attorney of a parent, or against the parent, if the parent's request for a due process hearing or subsequent cause of action was presented for any improper purpose, such as to harass, to cause unnecessary delay, or to needlessly increase the cost of litigation.

(b) Prohibition on use of funds.

(1) Funds under Part B of the IDEA may not be used to pay attorneys' fees or costs of a party related to any action or proceeding under Section 1415 of the IDEA and subpart E of the federal regulations relating to procedural safeguards.

(2) Subsection (b)(1) above does not preclude a public agency from using funds under Part B of the Act for conducting an action or proceeding under Section 1415 of the IDEA.

(c) A court, in its discretion, may award reasonable attorneys' fees under Section 1415 of the IDEA consistent with the following:

(1) Fees awarded under Section 1415 of the IDEA shall be based on rates prevailing in the community in which the action or proceeding arose for the kind and quality of services furnished. No bonus or multiplier may be used in calculating the fees awarded under this paragraph.

(2)

(i) Attorneys' fees may not be awarded and related costs may not be reimbursed in any action or proceeding under Section 1415 of the IDEA for services performed subsequent to the time of a written offer of settlement to a parent if:

(A) The offer is made within the time prescribed by Rule 68 of the Federal Rules of Civil Procedure or, in the case of an administrative proceeding, at any time more than ten days before the proceeding begins;

(B) The offer is not accepted within ten days; and

(C) The court or hearing officer finds that the relief finally obtained by the parents is not more favorable to the parents than the offer of settlement.

(ii) Attorneys' fees may not be awarded relating to any meeting of the IEP team unless the meeting is convened as a result of an administrative proceeding or judicial action.

(iii) A resolution session conducted pursuant to Rule 2365.1.6.8 shall not be considered:

(A) A meeting convened as a result of an administrative hearing or judicial action; or

(B) An administrative hearing or judicial action for purposes of this rule.

(3) Notwithstanding subsection (c)(2) above, an award of attorneys' fees and related costs may be made to a parent who is the prevailing party and who was substantially justified in rejecting the settlement offer.

(4) Except as provided in subsection (c)(5), the court reduces, accordingly, the amount of the attorneys' fees awarded under Section 1415 of the IDEA, if the court finds that:

(i) The parent, or the parent's attorney, during the course of the action or proceeding, unreasonably protracted the final resolution of the controversy;

(ii) The amount of the attorneys' fees otherwise authorized to be awarded unreasonably exceeds the hourly rate prevailing in the community for similar services by attorneys of reasonably comparable skills, reputation, and experience;

(iii) The time spent and legal services furnished were excessive considering the nature of the action or proceeding; or

(iv) The attorney representing the parent did not provide to the LEA the appropriate information in the due process request notice in accordance with Rule 2365.1.6.2.

(5) The provisions of subsection (c)(4) do not apply in any action or proceeding if the court finds that the State or LEA unreasonably protracted the final resolution of the action or proceeding or there was a violation of Section 1415 of the IDEA.

2365.1.11 Child's Status During Proceedings ( 34 C.F.R. § 300.518)

(a) Unless placed in an interim alternative educational setting pursuant to Rules 4313.1, 4313.2, and 4313.4, the student shall remain in his or her current placement while waiting for the decision in a due process hearing or appeal, unless the State or the LEA and the parents of the student agree to another placement. The current placement shall be the placement that was in the last implemented IEP.

(b) If the due process hearing involves an application for initial enrollment in public school, the student, with the consent of the parents, shall be placed in the public school until the completion of all the proceedings.

(c) If the complaint involves an application for initial services under Part B from a child who is transitioning from Part C of the IDEA to Part B and is no longer eligible for Part C services because the child has turned three, the LEA is not required to provide the Part C services that the child had been receiving. If the child is found eligible for special education and related services under Part B and the parent consents to the initial provision of special education and related services under Rule 2365.1.3, then the LEA shall provide those special education and related services that are not in dispute between the parent and the LEA.

(d) If the decision of a hearing officer in a due process hearing agrees with the child's parents that a change of placement is appropriate, that placement shall be treated as an agreement between the State and the parents for purposes of subsection (a), above.

2365.1.12 Transfer of Parental Rights at Age of Majority ( 34 C.F.R. § 300.520)

(a) When a student who is eligible for special education services reaches the age of 18:

(1) The LEA shall provide any notice required by these rules to both the student and his or her parents; and

(2) All other rights accorded to parents under these rules transfer to the student.

(b) When a student who is eligible for special education services reaches the age of 18 and is incarcerated in a correctional institution, all other rights accorded to the parent transfer to the student and any notice required by these rules shall be provided to both the student and the parents.

(c) When a student has been determined to be incompetent under State law, the guardian or educational surrogate parent shall receive any notice required by these rules.

(d) Whenever rights are transferred under this rule, the LEA shall notify the student and the parents of the transfer of rights.

(e) Beginning one year before a student reaches the age of 18, the student's IEP shall include a statement that the student has been informed of his or her rights under the IDEA, if any, that will transfer to the student on reaching the age of 18.

(f) Rights afforded to parents under these rules transfer to the student when the student turns 18 years of age. All references to "parent" shall be read also to refer to a student who has turned 18.

2365.2 Confidentiality of Information and Student Records ( 34 C.F.R. § 300.610) .

Definitions. For the purposes of Rule 2365.2 through 2365.2.15:

(a) "Destruction" means physical destruction or removal of personal identifiers from information so that the information is no longer personally identifiable.

(b) "Education records" means education records as defined in 34 C.F.R. Part 99, Family Educational Rights and Privacy Act of 1974, 20 U.S.C. § 1232g (FERPA).

(c) "Participating agency" means any agency, school, or institution that collects, maintains, or uses personally identifiable information, or from which information is obtained, under Part B of IDEA.

(d) "Personally identifiable information" means:

(1) The name of a child, the child's parent, or other family member;

(2) The address of the child or the child's parents;

(3) A personal identifier such as the child's social security number or student number; or

(4) A list of personal characteristics or other information that would make it possible to identify the child with reasonable certainty or make the child's identity easily traceable.

2365.2.1 Notice to Parents ( 34 C.F.R. § 300.612)

(a) The Vermont Agency of Education shall give notice, to the extent required by federal law, that is adequate to fully inform parents about confidentiality requirements of § 2365., including:

(1) A description of the extent that the notice is given in the native languages of the various population groups in the State;

(2) A description of the children on whom personally identifiable information is maintained, the types of information sought, the methods the State intends to use in gathering the information (including the sources from whom information is gathered), and the uses to be made of the information;

(3) A summary of the policies and procedures that participating agencies shall follow regarding storage, disclosure to third parties, retention, and destruction of personally identifiable information; and

(4) A description of all of the rights of parents and children regarding this information, including the rights under FERPA and implementing regulations in 34 C.F.R. Part 99.

(b) Before any major identification, location, or evaluation activity, the notice shall be published or announced in newspapers or other media, or both, with circulation adequate to notify parents throughout the State of the activity.

2365.2.2 Access Rights to Records ( 34 C.F.R. § 300.612)

(a) Each participating agency shall permit parents to inspect and review any education records relating to their children that are collected, maintained, or used by the LEA under the IDEA. The participating agency shall comply with a request to inspect and review without unnecessary delay and before any meeting regarding an IEP or any administrative complaint, mediation, resolution session, due process hearing, or expedited hearing, and in no case more than 45 days after the request has been made.

(b) The right to inspect and review education records includes:

(1) The right to a response from the participating agency to reasonable requests for explanations and interpretations of the records;

(2) The right to request that the participating agency provide copies of the records containing the information if failure to provide those copies would effectively prevent the parent from exercising the right to inspect and review the records; and

(3) The right to have a representative of the parent inspect and review the records.

(c) A participating agency may presume that the parent has authority to inspect and review records relating to his or her child unless the agency has been advised that the parent does not have the authority under applicable Vermont law governing such matters as guardianship, separation, and divorce.

2365.2.3 Record of Access ( 34 C.F.R. § 300.614)

Each participating agency shall keep a record of parties obtaining access to a child's education records which are collected, maintained, or used under the IDEA, except access by parents and authorized employees of the participating agency. The record shall include the name of the party, the date access was given, and the purpose for which the party is authorized to use the records.

2365.2.4 Records on More than One Child ( 34 C.F.R. § 300.615)

If any education record includes information on more than one child, the parents of those children have the right to inspect and review only the information relating to their child or to be informed of that specific information.

2365.2.5 List of Types and Locations of Information ( 34 C.F.R. § 300.616)

Each participating agency shall provide parents on request a written list of the types and locations of education records collected, maintained, or used by the agency.

2365.2.6 Fees ( 34 C.F.R. § 300.617)

(a) A participating agency may charge a fee for copies of records made for parents under these provisions, if the fee does not effectively prevent the parents from exercising their right to inspect and review those records.

(b) A participating agency may not charge a fee to search for or to retrieve information under these provisions.

2365.2.7 Amendment of Records at Parent's Request ( 34 C.F.R. § 300.618)

(a) A parent or eligible student who believes that information in the education records collected, maintained, or used under this part is inaccurate or misleading or violates the privacy or other rights of the child may request the LEA that maintains the information to amend the information.

(b) The participating agency shall decide whether to amend the information as requested within a reasonable period of time of receipt of the request.

(c) If the participating agency refuses to amend the information as requested, it shall inform the parent or eligible student of the right to a hearing under Rule 2365.2.9.

2365.2.8 Opportunity for a Hearing ( 34 C.F.R. § 300.619)

The participating agency shall, on request, provide an opportunity for a hearing within the agency where the parent or eligible student may challenge information in education records on the grounds that it is inaccurate, misleading, or otherwise in violation of the privacy or other rights of the child.

2365.2.9 Result of Agency's Hearing ( 34 C.F.R. § 300.620)

(a) If, as a result of the participating agency's hearing, the agency finds that the information is inaccurate, misleading or otherwise in violation of the privacy or other rights of the child, it shall amend the information as requested and so inform the parent in writing.

(b) If, as a result of the participating agency's hearing, the agency finds that the information is not inaccurate, misleading, or otherwise in violation of the privacy or other rights of the child, it shall inform the parent or eligible student of the right to place in the records it maintains on the child a statement commenting on the information or setting forth any reasons for disagreeing with the decision of the LEA.

(1) Be maintained by the participating agency as part of the records of the child as long as the record or contested portion is maintained by the agency; and

(2) Disclose the parent's or eligible student's explanation, if the records of the child or the contested portion are disclosed by the LEA to any party.

2365.2.10 Hearing Procedures ( 34 C.F.R. § 300.621)

A participating agency shall, at a minimum, meet the following requirements when it conducts a hearing under this section. The agency's hearing shall:

(a) Be held within a reasonable time after the agency received the request for the hearing from the parent or eligible student;

(b) Give the parent or eligible student notice of the date, time, and place, reasonably in advance of the hearing;

(c) Have the hearing conducted by an official of the agency or other person appointed by the agency, who does not have a direct interest in the outcome of the hearing;

(d) Give the parent or eligible student a full and fair opportunity to present evidence relevant to the issues raised about information in the record. The parent or eligible student may, at his/her own expense, be assisted or represented by one or more individuals of his/her own choice, including an attorney;

(e) Issue a written decision within a reasonable period of time after the hearing; and

(f) Issue a decision based solely on the evidence presented at the hearing, and shall include a summary of the evidence and the reasons for the decision.

2365.2.11 Consent ( 34 C.F.R. § 300.622)

(a) With the exception of disclosures permitted to law enforcement and judicial authorities for which parental consent is not required by FERPA, parental consent shall be obtained before personally identifiable information is:

(1) Disclosed to anyone other than officials of participating agencies collecting or using the information, subject to subsections (b) and (c) below; or

(2) Used for any purpose other than meeting a requirement of these rules.

(b) A participating agency subject to these regulations may not release information from education records to other participating agencies without parental consent, unless specifically authorized to do so by FERPA.

(c) Disclosure of special education and disciplinary records may be made without the prior written consent of the parent or a student aged 18 or older, if:

(1) It is made in compliance with a lawfully issued subpoena or court order, and the school has made reasonable attempts to notify the parent or the student aged 18 or older of the order or subpoena before complying with the request, so he or she may seek protective action from the court, such as limiting the scope of the subpoena or quashing it; and

(2) The subpoena or court order mandating disclosure specifies that the existence or the contents of, or the information furnished in response to, such subpoena or court order should not be disclosed by the receiving party; or

(3) It is to law enforcement or other appropriate parties, and, if the required information from the educational records is needed in connection with an emergency and knowledge of the information is necessary to protect the health or safety of the student or other individuals.

(4) If a parent refuses to give written consent when required for disclosure of personally identifiable information, the responsible LEA may seek an order from a due process hearing officer allowing disclosure.

2365.2.12 Safeguards ( 34 C.F.R. § 300.623)

(a) Each participating agency shall protect the confidentiality of personally identifiable information at collection, storage, disclosure, and destruction stages.

(b) One official in each participating agency shall be identified as responsible for ensuring the confidentiality of any personally identifiable information.

(c) A participating agency shall have policies or procedures to ensure that all persons collecting or using personally identifiable information receive training or instruction regarding Vermont's policies and procedures under this rule and 34 C.F.R. Part 99.

(d) Each participating agency shall maintain, for public inspection, a current listing of the names and positions of those employees within the agency who may have access to personally identifiable information.

2365.2.13 Destruction of Information ( 34 C.F.R. § 300.624)

(a) For purposes of an audit, when a participating agency has counted a child to justify receipt of IDEA funds, the LEA shall retain copies of the child's IEPs and special education eligibility evaluations, for a minimum of five years from the end of the school year in which the document was in effect.

(b) The participating agency shall inform parents when personally identifiable information collected, maintained, or used under the IDEA is no longer needed to provide educational services to the child. The information shall be destroyed at the request of the parents. However, a permanent record of a student's name, address, and phone number, his or her grades, attendance record, classes attended, grade level completed, and year completed may be maintained without time limitation.

2365.2.14 Children's Rights ( 34 C.F.R. § 300.625)

The Vermont Agency of Education's policy shall be to protect the privacy rights of students with disabilities:

(a) When a student's educational records are transmitted, stored, accessed, or destroyed, a responsible participating agency shall conform to the standards issued by the Vermont Agency of Education.

(b) Under the regulations for FERPA at 34 C.F.R. § 99.5(a), the rights of parents regarding education records transfer to the students at age 18.

(c) If the rights accorded to parents under these rules are transferred to a student who reaches the age of majority, consistent with Rule 2365.1.12, the rights regarding educational records in Rule 2365 shall also be transferred to the student. However, the participating agency shall provide any notice required under the procedural safeguards provisions of the IDEA to the student and the parents.

2365.2.15 Disciplinary Information in Student Records

(a) A participating agency shall include in the records of a child receiving special education services a statement of any current or previous disciplinary action that has been taken against the child and transmit the statement to the same extent that the disciplinary information is included in, and transmitted with, the student records of children not receiving special education services.

(b) The statement shall include a description of any behavior engaged in by the child that required disciplinary action, a description of the disciplinary action taken, and any other information that is relevant to the safety of the child and other individuals involved with the child.

(c) If the child transfers from one school to another, the transmission of any of the child's records shall include both the child's current IEP and any statement of current or previous disciplinary action that has been taken against the child as consistent with subsection (a) of this rule.

2366 (RESERVED)

2367 CHILDREN WITH DISABILITIES ENROLLED IN INDEPENDENT SCHOOLS AND IN-HOME STUDY ( 34 C.F.R. § 300.129)

2367.1 Children with Disabilities Enrolled by Their Parents in Independent Schools and In-Home Study ( 34 C.F.R. § 300.130) .

Independent school children means children who are enrolled by their parents in kindergarten through grade twelve in recognized or approved independent schools, as defined in 16 V.S.A § 166, including religious elementary and secondary schools. Home study children means children enrolled with the Vermont Agency of Education in a home study program pursuant to 16 V.S.A § 166b. For the purposes of Rule 2367, home study children shall be deemed the same as children enrolled by their parents in an independent school. This section does not apply to children who are either:

(a) Placed in independent schools by the LEA based on an IEP team's determination that the independent school, rather than the LEA's school, is the appropriate placement and least restrictive environment for the child, or

(b) Attend an independent school because the LEA does not maintain a public school.

2367.1.1 Child Find ( 34 C.F.R. § 300.131)

(a) Each LEA shall locate, identify, and evaluate all independent school and home study children with disabilities who are enrolled by their parents in independent, including religious, elementary, and secondary schools and home study programs located in the LEA.

(b) Child Find design. The LEA's Child Find process shall be designed to ensure:

(1) The equitable participation of independent school and home study children; and

(2) An accurate count of those children.

(c) Activities. In carrying out the requirements of this section, the LEA shall undertake activities similar to the activities undertaken for the LEA's public school children.

(d) Cost. The cost of carrying out the Child Find requirements in this section, including individual evaluations, may not be considered in determining if the LEA has met its proportionate share expenditures obligation.

(e) Completion period. The Child Find process shall be completed in a time period comparable to that for other students attending public schools in the supervisory including completion of the initial evaluations within a 60-day time period, consistent with the evaluation process described in Rules 2362.2.1 through 2362.2.5.

2367.1.2 Child-Count ( 34 C.F.R. § 300.133(c))

(a) Each LEA shall:

(1) Conduct the consultation required by Rule 2367.1.5.1; and

(2) Ensure that the count is conducted on December 1 of each year.

(b) The child count shall be used to determine the amount that the LEA shall spend on providing special education and related services to independent school and home study children with disabilities in the subsequent fiscal year.

(c) Supplement, not supplant. Local funds may supplement and in no case supplant the proportionate amount of IDEA-B flow through funds required to be expended for independent school and home study children who are eligible for special education.

2367.1.3 Proportionate Share of IDEA-B Funds (34 C.F.R. § 300.133(b))

The child count shall be used to determine the amount of IDEA-B flow-through funds that the LEA shall spend on providing special education and related services to independent school and home study children with disabilities in the next fiscal year.

(a) Formula. Each LEA shall spend the following on providing special education and related services (including direct services) to independent school and home study children wit disabilities:

(1) For children aged three through 21, an amount that is the same proportion of the LEA's allocation for the next fiscal year of federal IDEA-B Basic flow-through funds as the number of independent school and home study children eligible for special education aged three through 21 who are enrolled by their parents in independent schools or home study programs located in the LEA is to the total number of children eligible for special education in its jurisdiction aged three through 21.

(2) For children aged three through five, an amount that is the same proportion of the LEA's allocation for the next fiscal year of federal IDEA-B Preschool flow-through funds as the number of independent school and home study children eligible for special education aged three through five who are enrolled by their parents in independent schools and home study programs located in the LEA is to the total number of children eligible for special education in its jurisdiction aged three through five.

(b) Calculating proportionate amount. In calculating the proportionate amount of federal flow-through IDEA-B funds to be provided for independent school and home study children with disabilities, the LEA, after timely and meaningful consultation with representatives of independent schools and home study programs, shall conduct a thorough and complete Child Find process to determine the number of independent and home study children with disabilities located in the LEA.

2367.1.4 No Right to FAPE for Children with Disabilities Placed by Their Parents at Independent Schools or in-Home Study ( 34 C.F.R. § 300.137(a))

No parentally-placed child has an entitlement to a FAPE in an independent school or home study program.

(a) Where services are provided, they shall be provided at the discretion of the LEA in which the independent school or home study program is located.

(b) The LEA of the parent's residence shall offer to make a FAPE available in the event the child's parent seeks enrollment in public school. Additionally, the LEA of residence shall be prepared to develop an IEP for such eligible child if he or she enrolls in public school.

2367.1.5 Services Determined

2367.1.5.1 Consultation ( 34 C.F.R. § 300.134)

To ensure timely and meaningful consultation, an LEA representative shall consult with independent school representatives and representatives of parents of independent school and home study children with disabilities during the design and development of special education and related services for the children regarding the following:

(a) Child Find. The Child Find process, including:

(1) How parentally-placed independent school children suspected of having a disability can participate equitably; and

(2) How parents, teachers, and independent school officials will be informed of the process.

(b) Proportionate share of funds. The determination of the proportionate share of federal funds available to serve independent school and home study children with disabilities under Rule 2367.1.3, including the determination of how the proportionate share of those funds was calculated.

(c) Consultation process. The consultation process among the LEA representative, independent school officials, and representatives of parents of independent school and home study children with disabilities, including how the process will operate throughout the school year to ensure that independent and home study children identified through the Child Find process as children eligible for special education, can meaningfully participate in special education and related services.

(d) Provision of special education and related services. How, where, and by whom special education and related services will be provided for independent school and home study children with disabilities, including a discussion of:

(1) The types of services, including direct services and alternate service delivery mechanisms;

(2) How special education and related services will be apportioned if funds are insufficient to serve all independent school and home study children; and

(3) How and when those decisions will be made.

(e) Written explanation by the LEA regarding services. How, if the LEA disagrees with the views of the independent school officials or parents of a home study child on the provision of services or the types of services (whether provided directly or through a contract) the LEA will provide to the independent school officials or home study parents a written explanation of the reasons why the LEA chose not to provide services directly or through a contract.

2367.1.5.2 Written Affirmation ( 34 C.F.R. § 300.135)

(a) When timely and meaningful consultation, as required by Rule 2367.1.5.1, has occurred, the LEA representative shall obtain a written affirmation signed by the representatives of participating independent schools and home study programs.

(b) If the representatives do not provide the affirmation within a reasonable period of time, the LEA representative shall forward documentation of the consultation process to the Agency.

2367.1.5.3 Compliance ( 34 C.F.R. § 300.136)

(a) General. An independent school official or home study parent has the right to submit an administrative complaint to the Agency that the LEA:

(1) Did not engage in consultation that was meaningful and timely; or

(2) Did not give due consideration to the views of the independent school official or home study parent.

(b) Procedure.

(1) If the independent school official or home study parent wishes to submit a complaint, the official shall provide to the AOE the basis of the noncompliance by the LEA with the applicable independent school provisions in these rules; and

(2) The LEA shall forward the appropriate documentation to the AOE.

(3) If the independent school official is dissatisfied with the decision of the AOE, the official may submit a complaint to the Secretary of the U.S. Office of Education by providing the information on noncompliance described in paragraph (b)(1) of this section; and

(4) The AOE shall forward the appropriate documentation to the Secretary.

2367.1.6 Services Plan and Record Keeping ( 34 C.F.R. § 300.132)

(a) Consistent with Rule 2367.1.3 and 2367.1.4, a services plan shall be developed and implemented for each child with a disability who has been designated by the LEA in which the independent school or home study program is located to receive special education and related services.

(b) Record keeping. Each LEA shall maintain in its records, and provide to the Agency, the following information related to independent school and home study children:

(1) The number of children evaluated;

(2) The number of children determined to be children with disabilities; and

(3) The number of children served.

2367.1.7 Equitable Services Determined ( 34 C.F.R. § 300.137)

(a) No independent school or home study child who is eligible for special education and related services has an individual right to receive some or all of the special education and related services that the child would receive if enrolled in a public school.

(b) Decisions.

(1) Decisions about the services that will be provided to independent school and home study children who are eligible for special education and related services shall be made in accordance with subsection (c) below and Rule 2367.1.5.1.

(2) The LEA where the independent school or home study program is located shall make the final decisions with respect to the services to be provided to eligible parentally-placed independent school or home study children.

(c) Services plan for each child served under this section. If an eligible child is enrolled in an independent school or home study program by the child's parents and will receive special education or related services from an LEA, the LEA shall--

(1) Initiate and conduct meetings to develop, review, and revise a services plan for the child, in accordance with Rule 2367.1.7.1; and

(2) Ensure that a representative of the independent school or home study program attends each meeting. If the representative cannot attend, the LEA shall use other methods to ensure participation by the independent school or home study program, including individual or conference telephone calls.

2367.1.7.1 Equitable Services Provided ( 34 C.F.R. § 300.138)

(a) General.

(1) The services provided to independent school and home study children who will be receiving services through a services plan shall be provided by personnel meeting the same standards as personnel providing services in the public schools.

(2) Independent school and home study children who are eligible for special education and related services and will be receiving services through a services plan may receive a different amount of services than children with disabilities in public schools.

(b) Services provided in accordance with a services plan.

(1) Each independent school or home study child who has been found eligible and who has been designated to receive services shall have a services plan that describes the specific special education and related services that the LEA will provide to the child in light of the services that the LEA has determined, through the process described in Rules 2367.1.5.1 and 2367.1.6, it will make available to independent school and home study children who are found eligible for services.

(2) The services plan shall, to the extent appropriate:

(i) Meet the requirements of an IEP with respect to the services provided; and

(ii) Be developed, reviewed, and revised consistent with the requirements for either plan.

2367.1.8 Location of Services; Transportation ( 34 C.F.R. § 300.139)

(a) Services on independent school or home study premises. Services to independent school and home study children on a services plan may be provided on the premises of independent, including religious, schools or home study program, to the extent consistent with law.

(b) Transportation.

(1) General.

(i) If necessary for the child to benefit from or participate in the services provided under this part, an independent school or home study child with a disability shall be provided transportation--

(A) From the child's school or the child's home to a site other than the independent school; and

(B) From the service site to the independent school, or to the child's home, depending on the timing of the services.

(ii) LEAs are not required to provide transportation from the child's home to the independent school.

(2) Cost of transportation. The cost of the transportation described in subsection (b)(1)(i) may be included in calculating whether the LEA has met the minimum proportionate share requirement.

2367.1.9 Funds May Not Benefit an Independent School or Home Study Program ( 34 C.F.R. § 300.141)

(a) An LEA may not use funds provided under Part B of the IDEA to finance the existing level of instruction in an independent school or home study program or to otherwise benefit the independent school or home study program.

(b) The LEA shall use funds provided under Part B of the IDEA to meet the special education and related services needs of independent school and home study children with disabilities, but not for--

(1) The needs of an independent school or home study program; or

(2) The general needs of the students enrolled in the independent school or home study program.

2367.1.10 Use of Public and Independent School Personnel to Provide Services ( 34 C.F.R. § 300.142)

(a) Provision of equitable services. The provision of services shall be provided:

(1) By employees of an LEA; or

(2) Through contract by the LEA with an individual, association, agency, organization, or other entity.

(b) Special education and related services provided to independent school and home study children with disabilities, including materials and equipment, shall be secular, neutral, and non-ideological.

(c) Use of public school personnel. An LEA may use IDEA-B flow-through grant funds to make public school personnel available in other than public facilities:

(1) To the extent necessary to provide services under a services plan for independent school and home study children with disabilities; and

(2) If those services are not normally provided by the independent school.

(d) Use of independent school personnel. AN LEA may use IDEA-B flow-through grant funds to pay for the services of an employee of an independent school to provide services under a services plan if:

(1) The employee performs the services outside of his or her regular hours of duty; and

(2) The employee performs the services under public supervision and control.

2367.1.11 Property, Equipment, and Supplies ( 34 C.F.R. § 300.144)

(a) An LEA shall control and administer the funds used to provide special education and related services under Rules 2367.1.7 and 2367.1.8, and hold title to and administer materials, equipment, and property purchased with those funds for the uses and purposes provided in the IDEA-B.

(b) The LEA may place equipment and supplies in an independent school or home study program for the period of time needed for the Part B program.

(1) Are used only for Part B purposes; and

(2) Can be removed from the independent school or home study program without remodeling the independent school or home study facility.

(d) The LEA shall remove equipment and supplies from an independent school or home study program if:

(1) The equipment and supplies are no longer needed for Part B purposes; or

(2) Removal is necessary to avoid unauthorized use of the equipment and supplies for other than Part B purposes. (e) No IDEA-B funds may be used for repairs, minor remodeling, or construction of independent school or home study facilities.

2367.1.12 Complaints ( 34 C.F.R. § 300.140)

Independent school and home study children with disabilities have the right to file a complaint for due process under Rule 2365.1.6 only for the purpose of pursuing complaints that an LEA has failed to meet its responsibilities with regard to Child Find, including following procedures for evaluation and determination of eligibility. All other complaints may be pursued by way of the Agency of Education's administrative complaint procedure.

2367.2 School Districts without a Public School.

A school district that does not maintain a public school or has not designated, in accordance with applicable law, an approved independent school at the grade level needed by a resident student eligible for special education, shall provide the student a free appropriate public education. All special education evaluations, planning and due process procedures, as required by these rules and by federal law, shall be made available to students who are referred for a special education evaluation or who are eligible for special education and to their parents. The location for IEP services shall be determined in the following manner:

(a) The choice of a specific school(s) appropriate to fulfill the IEP, including the requirements to educate the student in the least restrictive environment, shall be determined by a student's IEP team after the IEP is developed. If the IEP team does not reach consensus about the location of services, the LEA representative shall determine the location of services. This shall be communicated to the parents within five working days of this determination.

(b) If the parents choose to have their child served, pursuant to his or her IEP, at a school other than that selected by the IEP team or by the LEA representative, and the IEP team agrees that the IEP can be adequately implemented at the school chosen by the parents, the following shall be applicable:

(1) Public School: If the parents select a public school, the LEA shall pay any special education tuition or excess costs allowed by law.

(2) Independent School:

(i) If the parents select an independent school approved for special education purposes that is generally attended by general education students that a non-special education student from the LEA could choose to attend, the LEA shall fund the actual costs associated with the parents' placement minus any costs that would accrue to the parents of a non-special education student placed at the same school.

(ii) If the parents select an independent school not generally attended by general education students, the LEA shall pay the actual educational costs associated with the parents' placement to the amount that would have been spent on the school chosen by the IEP team provided the school selected by the parents is approved for special education in the area of the child's disability.

2367.3 Placement of Children by Parents if FAPE is at Issue ( 34 C.F.R. § 300.148) .

(a) LEAs are not required to pay for the cost of education, including special education and related services, of a child eligible for special education at an independent school or facility, if the LEA has offered to make a FAPE available to the child and the parents elected to place the child in an independent school or facility. However, the LEA shall include that child in the population whose needs are addressed consistent with Rules 2367.1.1 through 2367.1.11.

(b) Reimbursement for independent school placement. If the parents of a child with a disability, who previously received special education and related services under the authority of an LEA, enroll the child in an independent elementary school, or secondary school without the consent of, or referral by the LEA, a court or a hearing officer may require the LEA to reimburse the parents for the cost of that enrollment if the court or hearing officer finds that the LEA had not made FAPE available to the child in a timely manner prior to that enrollment and that the independent placement is appropriate. A parental placement may be found to be appropriate by a hearing officer or a court even if it does not meet the State standards that apply to education provided by the Agency and LEAs.

(1) If:

(i) At the most recent IEP meeting that the parents attended prior to removal of the child from the public school, the parents did not inform the IEP team that they were rejecting the placement proposed by the LEA to provide FAPE to their child, including stating their concerns and their intent to enroll their child in an independent school at public expense; or

(ii) At least ten (10) business days (including any holidays that occur on a business day) prior to the removal of the child from the public school, the parents did not give written notice to the LEA of the information described in subsection (c)(1)(i);

(2) If, prior to the parents' removal of the child from the public school, the LEA informed the parents, through the notice requirements described in Rule 2365.1.1 of its intent to evaluate the child (including a statement of the purpose of the evaluation that was appropriate and reasonable), but the parents did not make the child available for the evaluation; or

(3) Upon a judicial finding of unreasonableness with respect to actions taken by the parents.

(d) Exception. Notwithstanding the notice requirement in subsection(c)(1), the cost of reimbursement:

(1) Shall not be reduced or denied for failure to provide the notice if:

(i) The school prevented the parent from providing the notice;

(ii) The parents had not been informed about the requirements placed on them in paragraph (c)(1) of this rule before they took action to place their child; or

(iii) Compliance with subsection(c)(1) would likely result in physical harm to the child; and

(2) May, at the discretion of the court or a hearing officer, not be reduced or denied for failure to provide this notice if:

(i) The parent is not literate or cannot write in English; or

(ii) Compliance with subsection(c)(1) would likely result in serious emotional harm to the child.

2368 EDUCATIONAL SURROGATE PARENTS

(a) To ensure that the educational rights of a child or student are protected, an educational surrogate parent shall be assigned whenever the individual is eligible for special education or is being evaluated for special education eligibility, and one of the following applies:

(1) The parents of the student are not known or cannot be located after reasonable efforts;

(2) The student is a child in state custody through the Department of Children and Families or has a public guardian appointed by a Vermont court ( 18 V.S.A. §§ 9301-9316); or

(3) The child is an unaccompanied homeless youth as defined in section 725(6) of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. § 11434a(6)) ( 34 C.F.R. § 300.519(a)(4).

(b) The Secretary of Education or a designee shall assign an individual to act as an educational surrogate parent. The educational surrogate parent may represent the child in all matters relating to:

(1) The identification, evaluation, and educational placements of the child; and

(2) The provision of FAPE to the child.

(c) The Educational Surrogate Parent Program shall make reasonable efforts to ensure the assignment of a surrogate parent not more than 30 days after an LEA or other responsible agency determines that the child needs a surrogate.

(d) Before making the appointment, the Secretary or designee shall assure that the person appointed as an educational surrogate parent:

(1) Has no personal or professional interest that conflicts with the interests of the student to whom the surrogate is assigned;

(2) Has knowledge and skills that ensure adequate representation of the child; and

(3) Is not an employee of the Agency of Education, the child's LEA, or any other agency that is involved in the education or care of the child.

(e) In the case of a child who is an unaccompanied homeless youth, appropriate staff of emergency shelters, transitional shelters, independent living programs, and street outreach programs may be appointed as temporary surrogates without regard to paragraph (d)(3).

(f) A foster parent or developmental home provider shall not automatically have the rights of a parent, but may be appointed by the Secretary of Education or designee to serve as an educational surrogate parent for the child, pursuant to subsections (a), (b), and (d) above.

(g) Nothing in this section shall be interpreted to diminish, or otherwise alter, any authority or responsibility of a state agency regarding general education decisions for a child in state custody pursuant to Chapters 49 and 55 of Title 33 or a vulnerable adult in state custody pursuant to Chapter 215 of Title 18.

2369 MONITORING AND CORRECTIVE ACTION

(a) The Secretary shall periodically monitor all LEAs for compliance with Vermont statutes and rules, and federal requirements under the IDEA. The monitoring process shall include, but not be limited to, review of the State Performance Plan indicators and provision of FAPE for all eligible students.

(b) The monitoring procedures may include, but are not limited to:

(1) A self-assessment conducted by the LEA being monitored;

(2) Review of data, reports, and student records;

(3) On-site visits;

(4) Comparison of a sample of individualized education programs with the programs and services provided; and

(5) Development of an improvement plan by the LEA being monitored to address areas of noncompliance identified during the self-assessment.

(c) After the monitoring process is completed, a report shall be written and sent to the LEA. If the report indicates noncompliance, the LEA shall develop an improvement plan that includes areas of need identified through self-assessment as well as noncompliance cited by the Secretary, and submit it to the Secretary for approval. The Secretary shall review the improvement plan and notify the LEA if it is acceptable.

(d) An improvement plan shall include, but not be limited to, the following:

(1) Objectives and strategies for correcting each noncompliance item cited, including resources needed; and

(2) The dates by which noncompliance will be corrected.

(e) Corrective actions identified in the improvement plan shall be completed as soon as possible, but in no case later than one year after the Secretary's identification of noncompliance.

(f) When an improvement plan is not submitted, found unacceptable, or not implemented, the Secretary shall notify the LEA of additional intended actions. These actions may include, but are not limited to:

(1) Further monitoring;

(2) Mandatory technical assistance or professional development;

(3) Withholding or directing of funding.

(g) An LEA shall provide documentation necessary for the Secretary to fulfill the Agency's reporting obligations pursuant to federal regulations. Documentation shall be provided in accordance with the timeline and format specified by the Secretary.

(h) If documentation is not submitted consistent with subsection (g) of this Rule, the Secretary shall notify the LEA of additional intended actions.

Effective Date:

These rules will take effect on July 1, 2022.

History

EFFECTIVE DATE:
Original effective date not provided.
AMENDED:
August 5, 1994 Secretary of State Rule Log #94-59; August 20, 1994 Secretary of State Rule Log #94-62; January 25, 1996 Secretary of State Rule Log #96-03; May 9, 1997 Secretary of State Rule Log #97-14; August 16, 2001 Secretary of State Rule Log #01-44; January 22, 2002 Secretary of State Rule Log #02-03; August 29, 2003 Secretary of State Rule Log #03-29; August 24, 2006 Secretary of State Rule Log #06-023; September 17, 2007 Secretary of State Rule Log #07-033; June 10, 2010 Secretary of State Rule Log #10-011; June 25, 2013 Secretary of State Rule Log #13-013; October 17, 2018 Secretary of State Rule Log #18-034; July 1, 2022 Secretary of State Rule Log #21-007
STATUTORY AUTHORITY: 16 V.S.A. Chapter 3 § 164; Chapter 101

Chapter 007 CAREER AND TECHNICAL EDUCATION STATE BOARD REGULATIONS

22-007 Code Vt. R. 22-000-007-X CAREER AND TECHNICAL EDUCATION STATE BOARD REGULATIONS

Section 2370 Definitions

Adult technical education - means technical education provided to an adult student that is not part of a course of study leading to a diploma or degree.
Adult student - means a resident of Vermont, of any age, who has received a high school diploma.
Career Academy - means a small learning community that serves a full range of students; that entails a college preparatory curriculum developed in the context of a career cluster; that integrates academic and technical instruction with work-based learning; that involves partnerships with employers, the community and higher education to create multiple opportunities and options for students to pursue careers; and that students can attend for two years.
Career Cluster - is a broad career area as defined by the U.S. Department of Education that includes occupations that share a common a common set of foundation skills.
Commissioner - means the Commissioner of the Vermont Department of Education or his/her designee.
Collaborative Program - means a technical education program, a number of technical education programs or programs at a technical education center offered pursuant to an agreement between two or more supervisory districts or unions in accordance with 16 V.S.A. § 267, for the purpose of cooperatively providing programs and services at a previously negotiated cost.
Comprehensive high school - is a high school other than a high school with a technical center that offers state approved technical education course(s) of study.
Course of study - means the units of academic, workplace, and occupational skill instruction of a career and technical education program that teach to the approved competency list and an appropriate student organization that supports the program and teaches citizenship and leadership skills.
Full-time equivalent student (FTE) - means a student who is enrolled an average of at least two an hundred forty minutes per day for a school year in a career and technical education program's course of study.
Governance Board - means the school board that is legally responsible for operating a technical center or comprehensive high school.
Net costs - means the actual costs of providing technical education programs less federal and state sources of revenue.
Overhead Costs - means the costs in a technical center associated with governance, financial services, student services shared with the home school, and plant maintenance and operation.
Postsecondary Technical Education Program - means a program offered by a state-approved postsecondary institution that leads to a certificate or an associate degree and that prepares students for employment in specific occupations.
Pre-tech programs - means state-approved programs that provide students with preparatory services such as career counseling, academic assessment, applied academic instruction, and introductory career content knowledge and skills to better prepare them to choose and pursue a technical education program.

Receiving district - means a school district or a regional technical center school district receiving tuition on behalf of pupils to whom it furnishes technical education. The classification of a school district as a receiving district is not altered by reason of the participation of that district in a contract for management of the technical center under a collaborative agreement.

Regional board - refers to a board that represents all high schools in a region and is responsible for oversight of career and technical education in the region. The regional board can be a regional advisory board or a regional governance board.
Satellite program - is a technical education program that is offered by a technical center at a site outside the technical center facilities.
Sending district - means a school district paying tuition on behalf of pupils to a school district which furnishes technical education courses.
Service region - means the geographical area assigned by the state board to a technical center for which it is the provider of technical education.
Special Populations - means those individuals who are defined as having special needs in the Americans with Disabilities Act, 28 C.F.R. § 35.104, including:

Individuals with Disabilities - means individuals with a physical or mental impairment that substantially limits one or more of the major life activities, a record of such an impairment, or being regarded as having an impairment.

(1) The phrase physical or mental impairment means--

(A) Any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological, musculoskeletal, special sense organs, respiratory (including speech organs), cardiovascular, reproductive, digestive, genitourinary, hemic and lymphatic, skin, and endocrine;

(B) Any mental or psychological disorder such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities.

(2) The phrase physical or mental impairment includes, but is not limited to, such contagious and non-contagious diseases and conditions as orthopedic, visual, speech and hearing impairments, cerebral palsy, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, mental retardation, emotional illness, specific learning disabilities, HIV disease (whether symptomatic or asymptomatic), tuberculosis, drug addiction, and alcoholism.

(3) The phrase physical or mental impairment does not include homosexuality or bisexuality.

(4) The phrase, "Major Life Activities" means functions such as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working.

(5) The phrase, "has a record of such an impairment" means has a history of, or has been misclassified as having, a mental or physical impairment that substantially limits one or more major life activities.

(6) The phrase, "is regarded as having an impairment" means--

(A) Has a physical or mental impairment that does not substantially limit major life activities but that is treated by a public entity as constituting such limitation:

(B) Has a physical or mental impairment that substantially limits major life activities only as a result of the attitudes of others toward such an impairment; or

(C) Has one of the impairments defined in paragraph (1) of this definition but is treated by a public entity as having such an impairment.

(7) The term, "Disability" does not include--

(A) Transvestism, transsexualism, pedophilia, exhibitionism, voyeurism, gender identity disorders not resulting from physical impairments, or other sexual behavior disorders;

(B) Compulsive gambling, kleptomania, or pyromania; or

Individuals from economically disadvantaged families, including foster children - means individuals who are in families that are determined to be low-income according to the latest available data from the Department of Commerce.

Individual preparing for non-traditional training and employment - means individuals enrolled in programs that lead to occupations in which one gender constitutes less than 25% of their workforce and are declared "Non-traditional" by the Crosswalk of 1998 Nontraditional Occupations with Classification of Instructional Program Codes.

Single parents - means individuals who are single heads of households that include children who are minors and unmarried pregnant women.

Displaced homemakers - means individuals who are re-entering the workforce after being a full-time parent.

Educationally Disadvantaged Individuals - means individuals who are dropouts or potential dropouts, individuals who are migrants, individuals who score below the 25th percentile on a standardized achievement or aptitude test, individuals whose secondary school grades are below 2.0 on a 4.0 scale, or who fails to attain minimum academic competencies. This definition does not include individuals with learning disabilities.

Individuals with Limited English Proficiency - means individuals whose native language is other than English and for whom English is a second language.

State Board - means the Vermont State Board of Education.
Student - when it appears without a qualifier (such as adult, postsecondary, etc.) means a Vermont resident of any age who has not been awarded a high school diploma. The holder of a GED (General Educational Development) Certificate is not considered to have been awarded a diploma.
Student Apprenticeship - means a skill-based education program that coordinates and integrates classroom instruction with a structured work-based learning experience. Competencies for the program shall be approved by the state board and a student apprentice shall receive academic instruction and training in a skilled occupation which will prepare the student for postsecondary education, advanced training, or direct employment in a position higher than entry level.
Student Organization - means an organization of secondary students relating to, complementing, and enriching a particular technical education program in which they are enrolled and that is designed to offer such students experience in leadership, citizenship, and occupational skills.
Technical center - means any of the 15 regional technical centers operating with state support on January 1, 2000 and any others so designated thereafter by rule of the State Board.
Technical Education - means any career and technical education programming designed to teach the academic, workplace, and occupational skills necessary for employment.
Tech prep - means a curriculum that (a) includes a secondary and postsecondary or apprenticeship curriculum, (b) involves up to two years of secondary programming and two years of postsecondary programming, (c) blends high level academic and technical courses, (d) culminates with an associate degree or a certificate after the completion of the postsecondary portion of the curriculum, and (e) emphasizes career planning and development that leads to employment.
Tuition - means an amount assessed to school districts based on the six semester average FTE enrollment from those towns to cover the costs of providing technical education that is not covered by federal, state or other sources of funds.

Section 2371 Entitlement to Technical Education

An individual is entitled to enroll in and complete a technical education program of part-time or full-time duration if the individual:

A. is at least in the 11th grade in a graded school or is at least 16 in a non-graded situation

B. does not have a high school diploma

C. applies for the program, and

D. meets the admissions criteria set forth in the admissions policies of the technical center and the technical education program and is accepted in the program.

A student who is in the 10th grade may with the support of the sending school request admission to a technical center from the school offering the program. The school offering the program can admit the student if there is space available and if it is determined that the student has the maturity to successfully participate in the technical education program and meets admissions criteria.
Technical education programs shall not be available to students below age 16 in a non-graded educational setting or below the 10th grade without the prior approval of the Commissioner.
Students in the 9th and 10th grades or below the age of 16 in a non-graded educational setting may be enrolled in pre-tech programs at the discretion of their sending school or, in the case of students not enrolled in public education, at the discretion of the school district in which they reside.
Students who have completed a technical education program may enroll in additional technical education programming at the discretion of their sending schools if it is judged to best meet their career preparation needs and they are accepted by the technical center or comprehensive high school.

Enrollment in a high school shall not be a precondition for a student without a diploma to enroll in a technical education center. When a student who is not enrolled in a secondary school applies directly to and is accepted by a technical center, the school district of residence shall be notified within 10 days of acceptance. Funding for this enrollment shall be in accordance with existing statute.

The technical center shall provide program information to potential students within its region listing admissions requirements, employment opportunities, and other relevant information to assist the student in making a decision to enroll. Sending schools shall provide a reasonable opportunity for technical centers and comprehensive high schools to inform students in grades 7 through 12 of the educational opportunities available to them in the region.
A student's regular high school schedule or program shall be adjusted as necessary to ensure that there are not barriers to enrolling in a technical education program. Graduation requirements in excess of state minimum requirements shall be adjusted when, through no fault of the student, they present a barrier to enrollment in the technical education program of the student's choice.

Section 2372 State-wide provision of technical education

Provision of technical education

Technical education shall be provided state-wide through seventeen service regions. Each service region shall be served by a technical center(s) and/or comprehensive high school(s). Before a school operates a technical education program/s, it shall obtain the support of the regional board overseeing technical education in the region and approval from the state board. All technical education programs approved by the state board shall be accessible to all students within the region and the state as stipulated by these regulations.

Area Technical Centers

The state board may designate a school site as a technical center when the proposed center:

A. offers state-approved secondary technical education programs in no fewer than five of the following career clusters beginning at the eleventh grade level:

. Agriculture & Natural Resources

. Construction

. Manufacturing

. Logistics, Transportation, and Distribution Services

. Information Technology Services

. Wholesale/Retail Sales and Services

. Financial Services

. Hospitality and Tourism

. Business and Administrative Services

. Health Services

. Human Services

. Arts and Communications

. Legal and Protective Services

. Scientific Research, Engineering, and Technical Services

. Education and Training Services

. Public Administration/Government Services,

B. is necessary to meet the technical education needs of the region,

C. develops admission policies that articulate the skills students need to participate successfully in and benefit from its technical education programs and that ensure equal access to these programs to all students from the service region served by the center,

D. offers applied academic, employability and technical skill training and provide career guidance, coop/apprenticeship options, career and technical student organizations, and appropriate adult technical education programming, and

E. has or will have a governance board as provided by state statute.

Section 2373 Adult and Postsecondary Technical Education Programming

Adult Technical Education

Each technical center shall provide technical education and training programming that addresses the needs of adults and businesses in its region. Adult coordinators shall work closely with the regional workforce investment board and other organizations to identify the technical education and training needs of adults in the region. Courses and programs leading to industry credentials shall be developed and offered to address these regional needs.

Enrollment of Adult Students

A. Adult students shall be enrolled in any secondary technical education program within Vermont on a space available basis as long as they meet the admission requirements for all students entering that program. A technical center may charge up to 40% of the actual costs per student of offering the program. Technical centers shall determine whether space is available no later than two weeks prior to the first day of operation of the program.

B. Adult students who wish to be guaranteed enrollment in a secondary technical education program may be admitted but can be charged the full amount of the actual cost per student of operating the program.

C. Secondary programs may be developed for students who are not of a traditional age. Students without diplomas shall be funded as in any other secondary programs as long as the program is designed to lead to a diploma. Adults with diplomas who enroll in courses or programs created specifically for non-traditional aged students shall be charged as in any other secondary program.

Customized Training for Businesses within the Region

Technical centers may offer customized training to meet the needs of area businesses. Fees for such services shall be used to defray the costs of administration, instruction and use of facilities.

Postsecondary Technical Education

Each technical center shall coordinate use of the center with the Vermont State Colleges, other state programs including licensing, job training, and apprenticeship programs, and with other approved institutions for the provision of postsecondary technical education programs and charge fees not exceeding actual costs of operating the programs. The offering of postsecondary programs shall not increase the costs of offering secondary technical education programs.

Section 2374 Service Regions

Assignment to Service Regions

School districts and independent high schools shall be assigned to a technical education service region as follows:

A. Barre Regional Vocational Technical Center: Spaulding UHSD # 41, Barre City, Barre Town, Twinfield USD # 33, Marshfield, Plainfield, Harwood UHSD # 19, Duxbury, Fayston, Moretown, Waitsfield, Warren, Waterbury, UHSD # 32, Berlin, Calais, East Montpelier, Middlesex, Worcester, Cabot High School, Montpelier High School.

B. Chittenden County Service Region: Burlington Technical Center, Center for Technology-Essex: Champlain Valley UHSD

15, Charlotte, Hinesburg, Shelburne, Williston, Mt. Mansfield UHSD # 17,

Bolton, Huntington, Jericho, Richmond, Underhill ID, Underhill Town, Burlington High School, Colchester High School, Milton High School, South Burlington High School, Bellows Free Academy-Fairfax, Fairfax, Flectcher, Georgia, Winooski High School, Essex High School, Essex Junction, Essex Town, Grand Isle, North Hero, St. George, South Hero, Westford,.

C. Cold Hollow Career Center: Enosburg Falls High School, Richford High School, Bakersfield, Berkshire, Montgomery.

D. Hartford Area Career and Technology Center: Woodstock UHSD # 4, Barnard, Bridgewater, Pomfret, Reading, Killington, Woodstock, Hartford High School, Windsor High School, Hartland, Norwich, Weathersfield, West Windsor.

E. Green Mountain Technology and Career Center: Hazen UHSD # 26, Greensboro, Hardwick, Woodbury, Lamoille UHSD # 18, Belvidere, Cambridge, Eden, Hyde Park, Johnson, Waterville, Craftsbury Academy, Peoples' Academy-Morristown, Stowe High School, Elmore, Fletcher, Stannard, Wolcott.

F. North Country Career Center: Lake Region UHSD # 24, Albany, Barton ID, Brownington, Glover, Irasburg, Orleans ID, Westmore, North Country UHSD # 22, Brighton, Charleston, Derby, Holland, Jay, Lowell, Morgan, Newport City, Newport Town, Troy, Westfield, Coventry.

G. Northwest Technical Center: Bellows Free Academy-St. Albans, Missisquoi Valley UHSD # 7, Franklin, Highgate, Swanton, Alburg, Fairfield, Georgia, Isle LaMotte, St. Albans City, St. Albans Town, Sheldon.

H. Patricia A. Hannaford Career Center: Mt. Abraham UHSD # 28, Bristol, Lincoln, Monkton, New Haven, Starksboro, Vergennes UHSD # 5, Addison, Ferrisburg, Panton, Vergennes ID, Waltham, Middlebury UHSD # 3, Bridport, Cornwall, Middlebury ID, Ripton, Salisbury, Shoreham, Weybridge.

I. Randolph Area Vocational Center: Randolph UHSD # 2, Braintree, Brookfield, Randolph, Whitcomb High School-Bethel, Chelsea High School, Northfield High School, Rochester High School, Royalton High School, Williamstown High School, Granville, Hancock, Orange, Pittsfield, Roxbury, Sharon, Strafford, Stockbridge, Tunbridge, Washington.

J. River Bend Career and Technical Center: USD # 36 (Corinth, Topsham), OxBow UHSD # 30, Bradford ID, Newbury, Blue Mt. USD # 21, Groton, Ryegate, Wells River, Thetford, Rivendell Interstate School District, Fairlee, Vershire, West Fairlee.

K. Southeastern Vermont Career Education Center: Brattleboro UHSD # 6 Brattleboro, Dummerston, Guilford, Putney, Vernon, Leland and Gray UHSD # 34, Brookline, Jamaica, Newfane, Townshend, Windham, *Bellows Falls UHSD # 27, Athens, Grafton, Rockingham, Westminster, Whitingham High School, Wilmington High School, Dover, Marlboro, Stratton, Wardsboro, Winhall.

L. Southwest Vermont Career Development Center: Mt. Anthony UHSD # 14, Bennington ID, North Bennington ID, Pownal, Shaftsbury, Woodford, Arlington High School, Burr and Burton Academy, Danby, Dorset, Halifax, Manchester, Mt. Tabor, Pawlet, Readsboro, Rupert, Sandgate, Searsburg, Stamford, Sunderland.

M. St. Johnsbury Service Region - regional programs offered at Applied Technology Center at St. Johnsbury Academy, Lyndon Institute Technical Center: Concord High School, Danville High School, Union # 37, Sheffield, Wheelock, Barnet, Burke, East Haven, Granby, Guildhall, Kirby, Lunenburg, Lyndon, Maidstone, Newark, Peacham, St. Johnbury, Sutton, Walden, Waterford, Victory.

N. Stafford Technical Center: Fair Haven UHSD

16, Benson, Castleton, Fair Haven, Orwell, West Haven, Mill River USD # 40,

Clarendon, Shrewsbury, Wallingford, Otter Valley UHSD # 8, Brandon, Goshen, Leicester, Pittsford, Sudbury, Whiting, Poultney High School, Proctor High School, Rutland High School, West Rutland School, Chittenden, Hubbardton, Ira, Mendon, Middletown Springs, Plymouth, Rutland Town, Tinmouth, Wells.

O. River Valley Technical Center: Green Mountain UHSD # 35, Andover, Cavendish, Chester, Black River USD # 39, Ludlow, Mt. Holly, Springfield High School, Baltimore, Landgrove, Londonderry, Peru,Weston, *Bellows Falls UHSD # 27, Athens, Grafton, Rockingham, Westminister.

P. Canaan School: Bloomfield, Brunswick, Canaan, Lemington, Norton. Canaan School does not send to a regional technical center because it is geographically isolated and offers technical education programs as a comprehensive high school.

Students enrolled in UHSD # 27 may chose to go to Southeastern Vermont Career Education Center (Brattleboro), or River Valley Technical Center (Springfield).

Change in Service Region When Requested by a School District

A. To request a change in service region, a school or school district shall notify the Commissioner in writing.

B. The Commissioner, prior to making a recommendation to the state board, shall consult with the school districts, and the regional advisory boards that would be affected by a change in sending district service region assignment(s).

C. The State Board shall grant a request by a school or school district to change service regions if:

(1) The change will not significantly affect technical center program enrollments,

(2) The change will not significantly increase the distance between the technical center and the high school,

(3) The change will provide more opportunities to students, and

(4) The fiscal impact of the change will not be so great that the technical centers affected by the change cannot accommodate it and that other schools in a service region will have to assume a significantly larger portion of the costs of operating the technical center.

D. School districts that request a change in service region shall notify the affected centers and the Department of Education prior to November 1st of the preceding year.

E. Students may complete their course of study at the school in which they began the program regardless of any change in service region granted their sending school.

Students Attending Technical Education Outside their Service Region

A. Secondary students may apply for enrollment into programs offered at technical centers outside their service region when the center in their service region does not offer the program in which they wish to enroll or they are not able to enroll in the program of their choice. The school district of the students' residence shall pay tuition for that enrollment. Districts shall not be required to provide transportation to and from the technical center selected by the student.

B. Secondary students attending public/independent high schools outside their service region may attend the technical center assigned to the academic high school in which they are enrolled. Sending districts shall pay the tuition but are not required to provide transportation to and from the technical center.

C. Secondary students not attending an academic high school shall attend the technical center to which their district of residence has been assigned.

Section 2375 Governance

A technical center shall be owned and governed by a board that is provided for and constituted in a fashion prescribed by state statute. These are:

A. School Board of the Home School

A technical center shall be owned and governed by the school board for the high school district in which the technical center is located pursuant to 16 VSA § 1541 unless the region has received approval from the state board of education and the region's electorate to create a regional technical center school district for purposes of the governing and operating the center.

B. Regional Board

A region may create a regional technical center school district and a regional governance board to own, govern, and operate the center by following the procedures identified in 16 VSA § 1572-1576.

Responsibilities of the board which manages a technical center:

A board that operates a technical center shall:

A. Provide secondary and adult technical education services,

B. Annually set a budget for operation of the center,

C. Establish the secondary and adult curriculum of the regional center, including courses of study offered,

D. Provide for the decentralization of its technical programs, including the creation of rotating and satellite programs, whenever advantageous to the service region and/or for the expansion of distance learning opportunities,

E. Employ and, as need requires, dismiss an adult services coordinator and a director of technical education and such qualified staff as is necessary to provide programs and services,

F. Develop criteria and priorities for student admission into technical education programs and services that address secondary students, school dropouts, adult students,

G. Annually evaluate the success of the center in serving all parts of its service region and in offering employment related adult training and education programs,

H. Annually evaluate the quality of each course of study and service offered by the center,

I. Coordinate use of the center with the Vermont state colleges, other state programs including licensing, job training and apprenticeship programs, and with other approved institutions, for the provision of postsecondary technical education programs and charge fees not exceeding the direct and indirect costs of the use of the center,

J. Offer programs designed to acquaint prospective students with technical programs, but which do not require an enrollment commitment,

K. Establish fees for building and equipment use after giving due consideration to the efficient and cost effective use of the center,

L. Establish a technical tuition,

M. Make the center's facilities and equipment available for providing technical education programs to adults, and

N. Use and maintain all facilities designed and constructed for technical education in a manner consistent with that purpose, except when those facilities are determined annually by the regional advisory board to not be needed for technical education and the commissioner or his/her designee so consents.

In addition to these responsibilities, the regional board of a regional technical center school district shall have the duties and authority identified in 16 VSA § 1577:

A. Determine the educational policies of the center. Policies shall be of general application to the center, shall be in writing, codified, and made available to the public. Board policies shall be adopted at regular or special meetings. A board shall give public notice of its intent to adopt a board policy, stating the substance of the proposed policy, at least ten days prior to its adoption,

B. Approve or disapprove rules and regulations that relate to the conduct and management of the center,

C. Take any action required for the sound administration of the center

D. Have the possession, care, control, and management of the property of the center,

E. Keep the center buildings and grounds in good repair, suitably equipped, insured and in save and sanitary condition at all times,

F. Lease or purchase real and personal property, and to sell, relocate, or discontinue use of real and personal property,

G. Establish and maintain an adequate system of financial disbursement, accounting, control, and reporting procedures,

H. Sue and be sued,

I. Conduct its budget adoption in accordance with the terms approved by the state board,

J. Employ such persons as may be required to carry out the work of the center and dismiss any employee when necessary,

K. Provide all textbooks, learning materials, equipment and supplies,

L. Borrow money by issuance of bonds or notes, not in excess of anticipated revenue for the school year,

M. Apply for grants and to accept and expand grants and gifts,

N. Present informational materials to the electorate on any matter voted, and

O. Incur indebtedness under the conditions of 16 VSA § 1579.

Regional Advisory Board

When a technical center is governed by a high school board, it shall establish a regional advisory board. When the state board designates a service region for two or more comprehensive high schools, the boards of the high schools shall establish a joint regional advisory board. A regional advisory board shall include the membership required under 16 V.S.A. § 1542. The regional advisory board shall meet at least four times during the school year. The purposes of the meetings are to review technical education programs and services and make written recommendations to the board/s operating technical education programs concerning:

A. the quality of services and programs for secondary and adult students,

B. the alignment of programs and services to available jobs,

C. the reasonableness of fees set for rental of facilities and equipment,

D. the appropriateness of the budget for operating the programs,

E. the success of the programs in serving all parts of the region, and

F. the adequacy of the provision to each student, beginning in grade nine, of appropriate career counseling and technical education information.

Disagreements

When a school board operating technical education programs rejects a written recommendation of a regional advisory board, or fails to adopt such a recommendation after 30 days, it shall notify the advisory board and the commissioner or designee in writing, stating its reason.

Workforce Investment Board

A regional advisory board, with the consent of the receiving district school board and the regional workforce investment board, may delegate its responsibilities to the regional workforce investment board. The receiving district school board may terminate this delegation by reconstituting the regional advisory board under the conditions set out in 16 VSA § 1542.

Approval of technical education programs

The regional board for a technical education region shall be the body that approves a technical center or high school to offer a career and technical education program in that region. In making that decision it shall consider the proposed programming under the following criteria:

A. There is a demonstrated need in the region for the skills taught by the program,

B. The school proposing the program is the most appropriate site for the program, and

C. The program is made accessible to all students in the region through establishing appropriate systems for transportation and scheduling.

Responsibilities of sending school districts

A. Sending districts shall provide students in grades 11 and 12 with a genuine opportunity to participate fully and to benefit from technical education.

B. Sending schools shall provide transportation for students enrolled in technical education at the center(s) assigned to the schools.

C. If the regional technical education center serving the sending school does not offer the program desired by a student or that program has a full enrollment, the sending district shall enroll that student in another center in which the program is available. The school district in which the student is a resident shall pay tuition on behalf of that student who applies and is accepted but the sending school is not required to provide transportation.

D. Schools shall provide on request names and addresses of students to all schools in the region offering state-approved career and technical education programs for the limited purpose of the those schools providing information to students and parents about the programs.

E. Prior to admission to a technical education program, the sending school shall make available to the technical center staff the student records of accepted students. The record must include information on the student's grades in the basic academic skills and the student's performance on state assessments.

F. Sending schools districts shall provide comprehensive career counseling and applied academics to students in the 9th and 10th grades to prepare students to appropriately elect and succeed in technical education programs.

Section 2376 School Quality Procedures

For purposes of 16 V.S.A. § 165, a technical center is a school.
Annual Plan

School districts applying for state and/or federal assistance for technical education shall, in accordance with a schedule and on forms prescribed by the commissioner, submit an annual plan that describes their technical education programs and services. The plan shall include information and assurances that permit the commissioner to judge whether the technical education programs:

A. Meet state and federal statutory and regulatory requirements,

B. Are available and accessible throughout a center's service region for secondary and adult students,

C. Make provisions for appropriate fiscal control and fiscal accountability and assure that annual statistical, descriptive, and financial reports will be submitted as required by the Commissioner,

D. Ensure equal employment, educational opportunities, and affirmative action regardless of race, creed, color, national origin, gender, age, handicapping condition and/or disability, or sexual orientation, in compliance with state and federal laws, and

E. Make available information, programs and services to all students within the service region.

Action Plan

A school district receiving state and federal support for technical education shall annually update an action plan. The action plan shall:

A. Meet state and federal requirements for including specific stakeholders in its development, carrying out a review student performance, and identifying strategies to improve student performance

B. Be filed with the annual plan for the upcoming year.

School Report

A technical center receiving state and federal support for technical education shall annually issue a school report that identifies levels of student performance against school standards, accomplishments of the school, and the result of action plans. Comprehensive high schools shall provide this information on their technical education programming in their school report.

Section 2377 Technical Education Program Evaluations

School and program evaluations shall satisfy requirements in 16 VSA, §§ 1533 and
The commissioner, in consultation with local administrators, shall schedule technical center evaluations so that all schools with state approved technical education programs are evaluated at least every five years.
A school offering state-approved technical education programs shall schedule a review of safety conditions conducted by the Department of Labor and Industry within the six months leading to each evaluation.
Evaluations shall be conducted in a manner and format prescribed by the commissioner.

Section 2378 Safety in Technical Programs

Each school district that receives federal and/or state funds for technical education and/or pre-technical education shall develop a program of safety for every program, ensure that it is properly implemented, and provide oversight to ensure that the quality of the safety program is maintained.
Each school with a state approved technical education program shall limit the number of students to 16 per class during laboratory or field experiences when the program has as part of its curriculum one or more activities identified in hazardous occupations defined by Department of Labor Child Labor Bulletin 101. When a paraprofessional is added to the instructional staff, a total of 21 students per class may be assigned. Hazardous occupations include the following and any others as may be specified in amendments to Bulletin 101 in the future:

. Manufacturing and storing explosives

. Motor-vehicle driving and outside helper

. Coal mining

. Logging and sawmilling

. Power-driven woodworking machines

. Exposure to radioactive substances

. Power-driven hoisting apparatus

. Power-driven metal-forming punching and shearing machines

. Mining other than coal mining

. Slaughtering, or meatpacking, processing or rendering

. Power-driven bakery machines

. Manufacturing brick, tile, and kindred products

. Power-driven circular saws, band saws, and guillotine shears

. Wrecking, demolition, and ship-breaking operations

. Roofing operators

. Excavation operations

. Specific operations within agriculture

Each school with a technical education program shall develop procedures to reach parent(s) or guardian(s) in case of an accident or emergency while students are at school or a school function off school sites.

Section 2379 Required Staffing of Technical Centers

A technical center or comprehensive high school with more than five programs shall be eligible in accordance with these rules for state salary assistance for a director, assistant director, guidance coordinator, adult services coordinator, and cooperative education/student apprenticeship coordinator.
Each school board operating a technical education center shall employ a licensed full-time director who is responsible for the administration and supervision of the technical education center. The director shall report directly to the superintendent of schools when the technical center is part of a supervisory union district, to the headmaster, when the center is operated by an independent school, or as specified by the governance structure of the technical center.
Each school board operating a technical education center shall employ a licensed technical education guidance coordinator to perform guidance and counseling services. The guidance coordinator shall report to the director of the technical center.
Each school board operating a technical education center shall employ a licensed adult services coordinator who shall be responsible for planning, coordinating, and supervising programs and services for adults.
Each school board operating a technical education center shall employ a licensed cooperative education/student apprenticeship coordinator to develop and oversee work-based learning opportunities for students enrolled at the technical center.
Each school board operating a technical education center shall employ at least one full-time licensed special populations teacher to ensure that students with special needs have the access and support they need to enroll and succeed in technical education programming. If the center employs instructors for Pre-tech programs with this licensure, this position shall be in addition to those employed in Pre-Tech.
Each school board operating a technical center shall consult with its regional advisory board on the employment and dismissal of the director and of the adult services coordinator.
A technical center shall be eligible for salary assistance for an assistant director if the technical center has a 6 semester average of an enrollment of at least 150 FTE students and the sending school population is at least 30 percent of the total enrollment.

Section 2380 Quality Criteria for Technical Education Programs & New Program Approval

A technical education program shall meet the following criteria in order to receive state approval:

A. The program is based on industry standards that include occupational, workplace, and academic skills,

B. The program competencies have been aligned with the Vermont Framework of Standards and an embedded academic area has been identified and is of a scope that justifies the granting of an academic credit,

C. The program competencies have been approved by the State Board,

D. The program prepares students for one or more industry recognized credentials upon the completion of the program and/or is articulated with a postsecondary program that offers such a credential,

E. The program has one or more articulation agreements with postsecondary education and training programs,

F. Rubrics have been identified for assessing levels of competence,

G. The school has developed appropriate curriculum and provided the equipment and facilities needed to teach the core competencies of the program,

H. The program has a student organization as an integral part of its course of studies,

I. The program has an instructor with the required licensure and competencies to instruct in the program's core competencies,

J. The program is offered at least the minimum instructional time,

K. The program has strategies to achieve gender equity in enrollments and outcomes.

When planning to initiate or substantially change a career and technical education program, a school or a technical center shall submit to the Commissioner a letter of intent to offer a new or revised program.
When the program has been developed or substantially changed, the school shall submit to the Commissioner evidence that:

A. There is current and projected growth in program related jobs within the region's or state's labor market,

B. The wages paid for program related jobs exceed the average wages for all jobs in the region/state labor market or that there is a social need for individuals with the skills the program provides,

C. The regional board has approved the development of the program and determined that the proposed program does not duplicate existing programs in the region,

D. The program will have a program advisory committee that is comprised of people from program-related industry and postsecondary education and that has played an active role in the development of the program,

E. The program meets the criteria for technical education programs.

If the commissioner has judged that these criteria have been met, s/he shall approve the program and issue it a code for reporting purposes. Enrollments in the program shall not be included for state and federal funding purposes until the program has been approved.

Section 2381 Pre-Tech Programs

Pre-Tech Exploratory

For students in the 9th and 10th grades for whom it has been determined by their high school that greater success can be experienced through intensive applied approaches to learning and career exploration and decision-making, technical centers and high schools may offer state-approved pre-tech exploratory programs that shall be eligible for technical education funding. These programs shall be designed to assist students in career exploration, including exploration of career areas non-traditional to their gender, and decision making. Such programs shall also include instruction in an applied setting of the language, mathematics, and science skills students shall need to enter technical education programs and to meet state and local graduation requirements.

Pre-Tech Foundational

Technical education programs that incorporate a three to four year sequence of courses to provide instruction in a career cluster may be preceded by pre-tech courses in the 9th and 10th grades. These courses shall familiarize students with the possible occupations in a career area and instruct students in the foundational core academic and occupational skills needed by workers in that career area. Such pre-tech foundational programs may be eligible technical education funding if they are recommended for approval by the regional board, meet the criteria for program approval and time requirements, and are approved by the state board of education.

Section 2382 Instructional Time

Minimum Instructional Time

A. The minimum number of instructional days that a school offering technical education programming shall be 175 days each school year.

B. The minimum time of instruction in a technical education program shall be 600 minutes per week (an average of 120 minutes a day) for a half-day program including Pre-Tech Exploratory programs and 1200 minutes per week for a full-day program.

C. Pre-Tech Foundational programs shall operate a minimum of 200 minutes per week (an average of 40 minutes per day).

Length of Program

A. Technical education programs shall operate for as many semesters as determined by the state board to be necessary to prepare students to achieve an industry credential and/or pursue career opportunities.

B. Technical education programs designated as career academies may be approved to operate for up totwo full years.

Section 2383 Program Completion

Each technical education program shall be based on a competency list approved by the state board. The school shall assess and report student performance on the core competencies of the competency list.
Successful Completion:

A student who has been judged competent in 90% of the core competencies has completed the program successfully.

Academic Credit:

Students who successfully complete a technical education program shall satisfy state graduation requirements as set forth below:

A. A student who successfully completes one of the technical education programs listed below shall receive one credit in science toward graduation:

| Agricultural Mechanics | Auto Body Repair | | --- | --- | | Automotive Technology | Aviation Technology | | Computer Technology Systems | Cosmetology | | Culinary Arts | Dairy Production | | Dental Assistant | Diesel Truck Mechanic/Operation | | Diversified Agriculture | Electrical/Electronics Operations | | Electrical/Plumbing Operations | Electronics | | Engineering Technology | Environmental and Natural | | Resources Technology | | | Equine Science and Technology | Forestry and Natural Resources | | Health Careers | Heavy Equipment | | Horticulture | Industrial Mechanics | | Protective Services | Video Production |

B. A student who successfully completes one of the technical education programs listed below shall receive one credit in mathematics toward graduation:

| Bookkeeping, Accounting, Micro- | Building Trades | | --- | --- | | computer Accounting | CADD Engineering/Design | | Graphic Arts | Hospitality, Travel Tourism | | Marketing Education | and Marketing | | Millwork/Cabinet Making | Precision Machining Trades | | Technical Connections | Welding and Metal Fabrications |

C. A student who successfully completes one of the technical education programs listed below shall receive one credit in art toward graduation:

| Design Illustration Performing Arts/Music Technology/ Jazz and Contemporary | Performing Arts | | --- | --- |

D. A student who successfully completes one of the technical education programs listed below shall receive one credit in English toward graduation:

| Medical Records | Office Occupations | | --- | --- |

E. A student who successfully completes one of the technical education programs listed below shall receive one credit in social studies toward graduation. [This credit may not count as a credit in U.S. History or World History.]:

| Human Services | Pre-Law | | --- | --- |

F. A technical education program may have more than one embedded academic credit if the state board determines that program content justifies it.

G. The commissioner shall review a technical education program for academic content used to meet state graduation requirements if there is the development of a new technical education program, revision of an existing program, or the combination of existing program components to create a specialized course of study.

H. After conducting the review, the commissioner shall make recommendations regarding academic credit to the state board. Nothing herein shall preclude a school board from granting additional academic credit for learning acquired in a technical education program.

Section 2384 Program Advisory Committees

Each technical education program shall have a program advisory committee of at least five persons representing employers, employees, graduates, and other individuals knowledgeable about the occupations for which students are prepared in the program.
The program advisory committees shall meet at least twice a year to review and report to the director on the relevance of program content, levels of student performance, work-based learning opportunities, and strategies for program improvement.

Section 2385 Work-based Learning

Types of Work-based Learning

Each technical education program shall include work-based learning to expose students to the realities of the occupation for which they are preparing and the application of academic, workplace and occupational skills they are acquiring in programs.

Work-based learning may include:

A. Job Shadowing which is the placement of a student in a work station where the student observes the business process. The time span is a total of two to eight hours and it is an unpaid situation where training plans are optional.

B. Career Work Experience (CWE) which is short term unpaid career exploration experiences in an occupational field related to a student's program or interest. CWE is a non-paid situation and requires a training agreement but not a training plan.

C. Cooperative Technical Education (CTE) in which students are placed in paid work experiences at training stations directly related to their technical education program. A training plan and a training agreement are required.

D. Student Apprenticeship which is a state-approved program and in which students are placed in a work experience in accordance with the federal Fair Labor Standards Act.

Cooperative Work Experience

A. Technical education students shall be eligible as part of their technical education program to participate in cooperative technical education hereinafter referred to as "coop."

B. All school-approved Coop placements shall meet the following requirements:

(1) Each placement shall be planned and supervised by the school and employer so that the experience contributes to the student's education and employability,

(2) The minimum age of students placed shall be 16. Student placements shall adhere to Child Labor Bulletin # 101 and/or 102 (Child Labor Requirements in Non-Agricultural/Agricultural Occupation Under the Fair Labor Standards Act, 1977),

(3) All local, state, and federal laws applying to wage and hour regulations shall be followed,

(4) Students shall be covered by Workers' Compensation or comparable individual, school, or employer insurance while on the job,

(5) Students shall have on file at the school a properly completed training agreement signed by the student, the student's parent, the co-op coordinator and the employer,

(6) Students shall be visited regularly at the work site by the co-op coordinator to assess student progress,

(7) Students shall receive an educational program that addresses core technical competencies and tasks directly related to job-seeking and job-keeping skills, and

(8) Students shall be eligible to receive credit toward graduation upon successful completion of approved co-op programs when it is part of a state-approved course of study in technical education.

Student Apprenticeship

A. Secondary schools may operate a student apprenticeship program if:

(1) the proposed apprenticeship is approved by the regional advisory board,

(2) a licensed apprenticeship coordinator is employed to operate the program,

(3) a worksite has been identified that offers the opportunity for high skill training and employment and that provides a worksite mentor,

(4) a student apprenticeship agreement has been signed by the student, the employer, and the school board,

(5) the student apprenticeship program follows a state approved curriculum,

(6) the school carries appropriate liability and health insurance, and

(7) the student apprentice will satisfy all high school graduation requirements set forth by the state and the local school district.

B. A student may be terminated from the student apprenticeship program if:

(1) the student fails to fulfill the requirements of the student apprenticeship agreement as determined jointly by the school and the employer, the student has received at least two written notices from the student apprenticeship coordinator, specifying the nature of the deficiencies, and the student has been provided with reasonable time and necessary support services, including counseling, to address the problem areas, or

(2) the student violates company policies as prescribed in the employee handbook and/or commits a serious safety infraction.

C. Worksite mentors shall be selected by the employer based upon the following criteria:

(1) the proposed mentor has sufficient education and work experience in the areas described in the approved student apprenticeship curriculum,

(2) the proposed mentor is in a position to carry out the training activities specified in the approved student apprenticeship curriculum, or to designate other employees to engage in this activity,

(3) the proposed mentor is aware of the responsibilities accepted by the employer, the school, and the student as described in the student apprenticeship agreement, and

(4) the proposed mentor accepts these responsibilities by signing the apprenticeship agreement.

D. The state board shall provide an industry competency certificate to students completing a student apprenticeship program when the student completes, to the satisfaction of the employer and the school, the approved student apprenticeship program.

E. The State Board shall maintain a record of certificates, including competency and task attainment, issued to all student apprentices, shall make copies of these documents available to the student and the school, and shall make certified copies available to other parties upon the student's written request.

Section 2386 Career Development

Schools offering technical education programs shall make good faith efforts to notify all eighth and tenth graders in their region and their parents of the technical education programs that they offer. They shall also provide information on the requirements for admission to the programs.
Technical centers shall be a regional resource for career development and provide information and training to middle and high schools in their region on applied academics, work-based learning, career exploration, and career decision making.
Technical centers shall align curricula with schools in the region to provide students with opportunities to meet Vermont's standards for student performance and to prepare for career opportunities.

Section 2387 Student Services

Technical centers shall provide guidance services that include the development of career preparation plan for every student and assistance with developing and pursuing a post high school plan.

Students identified as being eligible for services under the Individuals with Disabilities Education Act, and/or reasonable accommodations under Section 504 of the Rehabilitation Act, shall be considered for enrollment in technical education at a (an) IEP/504 Meeting. When an IEP/504 Team determines that the student would benefit from an appropriate placement in technical education, the student may apply for admission to the technical center. Members of the IEP/504 Team shall include the eechnical education Special Populations Teacher and the instructor of the desired technical education program.
Technical centers shall provide accommodations and other services required by special populations students to successfully complete their technical education program. The Special Populations Teacher shall support instructors in carrying out the accommodations, interpret the results of academic and vocational assessments, and design remedial academic exercises. In addition to meetings and record keeping, student services shall also include reinforcing employability skills and supervising services for students whose native language is other than English.
Technical centers shall have and implement a plan to encourage and support enrollment of students in technical programs that are in occupational areas non-traditional to their gender.

Section 2388 Credits and Graduation Requirements

Grades earned in technical education courses shall not be altered by a public or independent school.
School boards shall not establish graduation requirements that have the effect of discouraging or preventing their students from attending technical education programs.
Credits earned in a state approved technical education program shall be honored by any public school in Vermont and applied toward any state and local graduation requirements in accordance with policies adopted by the school board of each school district and in accordance with these rules.

Section 2389 Reporting Requirements for Technical Education

Technical Education Students

Students whose enrollment will be counted for the funding of technical education are those students who attend a state-approved technical education program or a Pre-tech Exploratory program and who attend at least an average of 80 minutes a day each week. Students' minutes of attendance shall be reported and their FTE shall be calculated on the basis of 1 FTE equaling an average of 240 minutes of enrollment each day. No student shall be counted as enrolled in technical education as more than 1 FTE. Only the student's attendance in the technical education program's course of study shall be reported. Enrollments in other courses shall not be reported.

Pre-tech Foundational Students

Students who are enrolled for at least an average of 40 minutes per day each week (at least 200 minutes per week) in a state-approved Pre-tech Foundational program may be reported and counted for technical education funding.

Reporting Periods

On October 15 for the first semester and on March 15 for the second semester of each school year, schools that provide state approved technical education programs and pre-tech programs shall record enrollments by program in a format provided by the commissioner. The records shall be submitted to the commissioner by November 15 for the first semeter and April 15 for the second semester or the first weekday thereafter if either falls on a weekend.

Section 2390 Establishing the Costs for Technical Education

Separate Budget Center -

A. School districts offering technical education programs shall maintain separate cost records for all costs associated with secondary technical education. All revenues and costs shall be accounted for separately from regular secondary school revenues and costs [including Technology Education (Industrial Arts) and Home Economics] and from Adult Education revenues and costs.

B. The Vermont School Accounting Manual (Handbook II Revised) shall be used to assure that standard sources of funds, instructional organization functions, and object codes are used.

Shared Costs

Costs that are shared by technical education programs and other education programs offered by a school district shall be allocated by calculating technical education's percentage of total costs by using the following methods unless the regional board for the center and the school board for the district with whom the costs are shared both agree to an alternate method:

. School board costs, fiscal services, superintendent's office, and other central office costs shall be allocated through the following formula:

direct program costs for technical center divided by

total of all direct program costs

. Staff development/instructional staff support costs shall be allocated through the following formula:

FTE teaching staff for technical center divided by

Total FTE teaching staff

. Building maintenance and operation costs shall be allocated through the following formula:

square feet of technical center divided by

total square feet

. Student support services shall be allocated through the following formula:

Student FTE for technical center divided by

Total student FTE

When an alternate method of sharing costs is adopted, the regional board and school board will notify the commissioner of the method being used in a notification signed by both board chairs that identifies the method and duration of the agreement.

Special Education Costs:

The cost of any special education services provided to students with Individual Education Plans (IEPs) may be charged to those students' sending schools by following the special education excess cost procedures set forth in Rule 2366.2. The following procedures apply:

A. The sending school district or agency responsible shall be given prior notice by the receiving district that an excess cost shall be charged,

B. Notice shall indicate the student's name, type and frequency of service to be provided, fee for services to be provided, and billing schedule,

C. Excess costs shall be calculated based on the actual costs attributable to the student or proportionate costs in accordance with the Handbook for Financial Accounting of Vermont School Systems, and

D. Excess costs shall be billed quarterly and final billings for any fiscal year must be submitted to the sending school district prior to June 15th of that fiscal year.

Section 2391 Calculation of Technical Education Tuition for Technical Centers

Technical centers shall separate the costs of secondary technical education programs.

A. Income and expenditures for adult education, postsecondary education, and other programs and activities shall be tracked and reported in cost centers separate from secondary programming as required in Rule 2390.1A.

B. Income and expenditures for programs and services that are not state-approved technical education programs provided by the technical center to students and schools shall be determined through agreements that are developed between the technical center and the school/s that benefit and that are approved by the regional board. Such agreements shall not result in an increase in the costs of providing technical education programs.

C. Sending school districts and receiving school districts may develop agreements that allow students from sending schools to take courses outside their technical education program at the receiving school district in order to facilitate access to technical education. Such agreements shall specify how costs for these enrollments will be covered. If all sending school districts and the receiving school district are in agreement, these costs may be included in the technical education tuition. Otherwise, the sending school districts may be billed for these costs. In no case will enrollments in courses that are not part of the course of studies of a technical education program be reported as enrollment in a technical education program.

The technical center shall identify the actual costs of secondary technical education programming that includes all costs associated with that programming.
The technical center shall calculate tuition by:

A. Subtracting from the actual costs all income through federal funds that support secondary technical education programming; the state grants for overhead, salary assistance and equipment; and local sources of income that was generated by activities funded by the actual costs or use of the facility

B. If out-of-state students attend a technical center, the net costs after subtracting the above income are divided into two parts - an amount to be covered through tuition for out-of-state students and an amount to be covered through funding for Vermont students. This allocation is calculated by adding [the (anticipated) number of full-time equivalent out-of-state students] + [the average of the full-time equivalent Vermont students for the prior three years] and then establishing the percentage of the total for each group. Net costs are divided into two parts based on these percentages.

Out-of-state tuition is calculated by dividing the costs to be covered by out-of-state enrollment by the anticipated number of out-of-state full-time equivalent students.
The amount to be collected through tuition for Vermont students is identified by taking the net costs for Vermont enrollments and subtracting:

. an amount that results from multiplying the number of full-time equivalent students times the projected equalized pupil general state support grant, and

. an amount that results from multiplying the number of full-time equivalent students times the projected state tuition reduction grant.

Tuition is calculated by dividing the amount to be collected by the average number of full-time equivalent students over the last six semesters.
Vermont sending districts shall be assessed their share of the costs of technical education by multiplying the tuition per student by the number of average full-time equivalent students they enrolled in the technical center over the prior six semesters.
Tuition and assessments shall be announced to sending districts by the February 1 prior to the school year in which they will be collected. The announced tuition shall also be reported to the commissioner by February 1.

Section 2392 School District Payments to Technical Centers

The general state support grant for the six semester average number of full-time equivalent students enrolled by the school district in a technical center/s shall be deducted from that school district's total state support grant and sent directly to the technical center/s attended by resident students. Those payments shall be made by the commissioner at the same time as general student state support payments are made to school districts.
When tuition has been assessed to school districts, school districts shall make tuition payments within twenty days of receipt of their general state support grant. Additional assessments to specific schools districts to reimburse the costs of classes or services not covered by tuition shall be paid on the same schedule.

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Section 2393 Tuition Reconciliation

Deficits and Surpluses in excess of 3% of net costs ( 16 V.S.A. § 834)

Surplus

If sending districts have paid tuition in excess of 3% of net costs for the prior year they shall be credited that amount toward their current year assessment in proportion to their contribution or, if they do not have an assessment sufficient to use the credit, the board of the receiving district shall refund that amount to the sending districts by July 31 of the current fiscal year. Interest shall begin to accrue on the refund on December 1, at the rate of one-half percent per month.

Deficit

If the receiving district has under-assessed tuition by 3% or more of net costs, the sending districts shall pay the amount of the underassessment. If payment is not made by July 31 of the year following the year of the underassessment, interest shall be owed the sending district at the rate one half percent per month starting the next day, August 1.

Section 2394 Other Tuitions for Technical Education Programs

Comprehensive High School Tuition

A. Comprehensive high schools may not establish a separate tuition for technical education. Technical education costs shall be included in the comprehensive high school standard tuition rate.

B. School districts sending students to a comprehensive high school shall not have their general state support grant reduced or be assessed based on past full-time equivalent students. They shall pay only the current tuition charged by the comprehensive high school.

Tuition for Out-of-State Enrollments

School districts that are geographically remote from Vermont technical centers and that have received permission from the state board of education may send students to technical education programs outside of Vermont. In those cases, the school districts shall receive general state support grants for those students and will pay the full tuition charged by the schools to which the students are sent.

Secondary Students in Postsecondary Technical Programs

A secondary technical student may be enrolled in postsecondary technical courses or in a state-approved technical program offered by a postsecondary institution at the expense of the student's school district if the enrollment is accepted by the postsecondary institution, approved by the district of residence as being in the best interests of the student, and if the enrollment is approved for credit toward high school graduation requirements.

Section 2395 State Support for Technical Education

The commissioner shall fund technical education programs in accordance with statutes and these regulations. However, no funds under these rules shall be paid to a school unless its annual plan is approved by the Commissioner.

Tuition Assistance- Effective July 1, 2002, funds to help cover the costs of technical education programs and services shall be paid to a school offering technical education programs in an amount equal to 40% of the per equalized pupil general state support grant for that fiscal year for each full-time equivalent student enrolled in career and technical education programs in the school. Half of these funds shall be paid directly to schools on or before December 10 and April 30.

Prior to July 1, 2002, tuition assistance shall be paid on the full-time equivalent enrollments at a level determined by amount of the state appropriation.

Salary Assistance

A. The Commissioner shall reimburse a school district operating a technical center or a comprehensive high school offering more than five programs for the specific positions set forth in these rules and in accordance with statutory allowances.

B. When a technical center or comprehensive high school employs someone in such positions on a part-time basis, assistance shall be prorated to reflect the portion of the position devoted to the reimbursable activities. In order to receive salary assistance for a particular position, it must be staffed at least half-time.

C. Salary Assistance shall be awarded as follows:

(1) The salary for the director of technical education shall be reimbursed at 50% of the state average salary and benefits for the position or 50% of the actual salary and benefits, whichever is less

(2) The salary of the guidance coordinator shall be reimbursed at 50% of the state average salary and benefits for the position or 50% of the actual salary and benefits, whichever is less.

(3) The salary of the work-based learning coordinator shall be reimbursed at 35% of the state average salary and benefits for the position or 35% of the actual salary or benefits, whichever is less.

(4) The salary of the adult services coordinator shall be reimbursed at a rate not to exceed 50% of actual salaries and benefits.

(5) The salary of the assistant director, if the region is eligible, shall be reimbursed at 35% of the state average salary and benefits for the position or 35% of the actual salary or benefits, whichever is less. To be eligible, the technical center must have an six semester average full-time equivalent enrollment of 150 students and 30% of these students must be from sending schools.

Overhead Assistance

A. Assistance shall be paid to technical centers to reimburse indirect costs or a portion thereof as appropriated. Overhead assistance shall be based on indirect costs of the school year two years prior to the year of payment. Technical centers shall receive the percentage of the amount appropriated that is the same as the percentage that their indirect costs are to the total indirect costs in the state.

B. In the case of two or more comprehensive high schools which have been designated a service region, the commissioner shall pay the statewide average overhead cost to the region. This payment shall be made to the comprehensive high schools based on their full-time equivalent student enrollment.

C. This subsection sunsets on June 30, 2002.

Transportation Assistance

A. Sending schools shall provide transportation to up to two technical centers. The state shall provide transportation assistance to this limit.

B. Transportation assistance shall be paid from the education fund to sending school districts to provide transportation of students to and from technical centers. Transportation assistance shall not be paid for transportation to or from students' homes or locations other than the sending school.

C. The amount of transportation assistance shall be $ 1.50 per mile for the actual number of miles traveled, in 1998 dollars adjusted annually by the annual price index for state and local government purchases of goods and services.

Reimbursement shall be made at this level except:

(1) Where a school district reimburses for use of automobiles to transport students, the reimbursement shall be based on the school district reimbursement rate, or

(2) Where bus transportation is contracted on a per mile basis and that amount is less than the transportation assistance level, the reimbursement shall be at the contracted rate.

D. Payments shall be made on or before December 10 and June 10. Requests submitted on or following November 15 and May 15 shall be reimbursed in the next payment period. Requests submitted shall not be made for more than one previous semester.

E. The sending school district shall report to the commissioner in a format prescribed by the commissioner the miles traveled on a typical day, the number of technical education and other students transported, and the number of days that students are transported for each semester.

F. When the number of non-technical education students transported in a particular vehicle exceeds 50% of the total, reimbursement shal be prorated to reflect the proportion of students who are technical education students.

Section 2396 Equipment Inventory, Maintenance

An inventory of equipment purchased with state and federal funds shall be up-dated and maintained at each school making such purchases. The inventory shall include at least the following: source of funds used, date of purchase, generic name, brand name, model, serial number, quantity, program assignment, and location.
Disposal of equipment

When a school is disposing of equipment purchased with state or federal funds, it shall dispose of it in the following order of priority:

A. The equipment shall be moved to another state approved technical education program within the school and the inventory updated; or

B. The equipment shall be sold to other schools that operate state approved technical education programs and the inventory updated; or

C. The equipment shall be offered for sale on the open market and the Department notified before the sale.

When equipment purchased with state funds as part of a construction project or with federal funds with a current value of $ 5000 or more and it is sold, a school shall refund to the state or federal government the same percentage of the sale price as the percentage of the purchase price covered by state or federal funds.
Adequate maintenance procedures shall be developed and implemented to keep the equipment in good condition.

Section 2397 Use and Maintenance of Technical Education Facilities

School boards that operate area technical centers shall annually submit to the Commissioner assurances that all facilities designed and constructed for technical education are maintained for the use of providing regional technical education.
The receiving school district board may request permission from the Commissioner to use technical education facilities for general education purposes if the regional board for technical education has determined that they are not needed for technical education programming and services.
A request for use of technical education facilities for general education purposes shall:

A. Be submitted in writing,

B. Include a recommendation from the Regional Advisory Board, and

C. Include a time frame for use of the facilities for general education purposes.

At such time as the regional board establishes that space released for general education purposes is again needed for technical education, the regional board shall notify the commissioner and the school board using the space before the end of the school year preceding the school year in which it is recommended for reuse for technical education. The commissioner shall verify the need and, if warranted, direct the school board to reallocate the space for technical education purposes.

Section 2398 Collaborative Programs

Two or more supervisory districts/unions may offer collaborative technical education programs and services in accordance with an agreement entered into pursuant to 16 VSA §

A. The agreement shall include a description of services to be provided and the cost for each participating district.

A. Participating districts shall seek the advice of their regional advisory board/s prior to entering into an agreement.

B. Notice of tuition shall be issued by the administrative district of the collaborative program to the participating school boards as set forth in 16 VSA § 826(a).

History

Effective Date: [original effective date not provided]
AMENDED: August 15, 1994 (Secretary of State Rule Log # 94-61 and # 94-63)
January 7, 1997 (Secretary of State Rule Log # 96-87)
July 28, 2000 Editor's correction only (page number corrections)
February 15, 2002 (Secretary of State Rule Log # 02-06)
Statutory Authority: 16 V.S.A. C. 37 § 1521 et seq.

Chapter 008 SCHOOL DISTRICT ORGANIZATION

22-008 Code Vt. R. 22-000-008-X SCHOOL DISTRICT ORGANIZATION

3100 STATEMENT OF PURPOSE.

The state Board of Education firmly believes that the school districts of Vermont should be organized so as to provide the maximum educational opportunities for pupils in grades K-12 or 1-12 consistent with administrative and financial effectiveness and efficiency.

3200 SUPERVISORY UNIONS.

Section 3210 Statutory Authority

16 VSA § 261; 16 VSA § 262; 16 VSA §§ 263-266; 16 VSA § 267; 16 VSA § 301-303; 16 VSA §§ 321-325.

Section 3220 Supervisory Union Adjustments

Procedure.

3221.1 Adjustments may be requested by a member district(s), or initiated by the state Board of Education.

3221.2 A school district may petition following a vote, complying with 16 VSA § 261(b), in favor of adjustment.

3221.3 Following a request to adjust, the petitioning district shall conduct a "needs assessment" which should indicate what educational services are presently provided and what educational services would be provided under the the proposed adjustment.

3221.4 The needs assessment will be conducted by the state Department of Education if the state Board of Education initiates the request. The Department of Education shall obtain a response from affected school districts.

3221.5 The state Board of Education will consider action on a request following receipt of the above information.

3321.6 In no case will adjustments occur within supervisory unions until July 1 following the annual supervisory union meeting following state Board of Education action.

Agreement.

School districts involved in a supervisory union adjustment must agree to the following:

3222.1 To maintain a K-12 or 1-12 educational continuum to the extent practicable.

3222.2 That all existing programs or equivalent services currently provided through local financial effort shall continue to be provided in all districts affected for a minimum of three (3) years from the effective date of the adjustment.

3222.3 The Department of Education shall report to the state Board of Education as to district agreement on and compliance with the conditions. Failure to comply could result in a reversion to the original organizational pattern.

Needs Assessment.

Supervisory unions shall be organized to the extent practicable to offer a comprehensive program of instruction in kindergarten or grade one through twelve which meet the needs of children. Factors to be considered in the needs assessment shall include the educational programs and services to meet the needs of regular and exceptional children and support services and programs. Needs assessments shall be conducted according to procedures developed by the Department of Education.

3223.1 The supervisory union shall provide educational and administrative leadership and supervision at a reasonable cost consistent with local taxable wealth and state and federal financial support.

3234.2 A supervisory union shall be a contiguous geographic unit with consideration given to whether there are community characteristics that will assist in deciding its boundary.

Section 3230 Vacancy of Superintendency

Notification

The chair of a supervisory union/district board shall notify the Commissioner of Education as soon as the board becomes aware of an impending vacancy in the superintendency of the supervisory union/district.

Recruitment Initiated

Within two calendar weeks of notification by the supervisory union/district board chair the Commissioner shall advise the chair that either of the following applies:

3232.1. The process of recruiting a new superintendent may proceed, or

3232.2. The Commissioner will recommend to the state board that the supervisory union/district be placed under state board consideration for supervisory union change. The Commissioner may authorize the recruitment for and hiring of an interim superintendent for a specified time period if necessary to fill a vacancy. However, the supervisory union/district board may not hire a permanent superintendent until the state board has completed its deliberations regarding changes, if any, in the supervisory union/district.

Section 3240 Superintendent

Qualifications. A superintendent shall be certified in accordance with state law (see section 5000 of this manual).

Section 3250 Fiscal Operations

3250.1 Accounting.

Accounting systems will meet governmental generally accepted accounting principles for state and local governments and will follow, at a minimum, the code structure contained in the Handbook for Financial Accounting of Vermont School Systems: Financial Code Classification system. ( 16 VSA 164(15))

3250.2 Receipt of Grant Funds.

To receive grant federal or state funds, entities must:

(a) have the approval of the governing board;

(b) be an eligible recipient under the applicable state and/or federal regulations;

(d) meet reporting requirements as to forms and timelines;

(e) have the chief administrative officer sign all forms;

(f) expend funds within state and/or federal grant regulations;

(g) meet all state and federal audit requirements;

(h) return any funds cited as expenditures/reve-nues not meeting program regulations. ( 16 VSA 164(15))

3250.3 Employment of Personnel.

Each supervisory union shall employ or contract with a persons qualified by education and/or experience to maintain the accounting system on a double entry, accrual, or modified accrual basis in accordance with governmental generally accepted accounting principles. ( 16 VSA 261a(7))

Section 3260 Definition of Enrolled Pupils

3260.1 For the purpose of calculating a member school district's proportionate share of the superintendent's salary and expenses and the other expenses of the supervisory union pursuant to 16 VSA 301, unless otherwise agreed upon, the term "enrolled pupil" means that actual number of students enrolled in the school as of the 40th day of school. Special and vocational education pupils shall be counted for the purposes of calculation proportionate share in the same manner as set forth above.

3300 AUSTRALIAN BALLOT BUDGET VOTES UNDER ACT 60.

Australian ballot budget articles pursuant to 16 V.S.A. §§ 428(a), 511(a) and 711a(a) shall substantially conform to the following:

"Shall the voters of the ___ (town) (incorporated) (union) school district appropriate $ ___ necessary for the support of its schools for the year beginning July 1, ___?" 16 V.S.A. §§ 261-267, 301-303, 321-325, 428(f) and 511(f)

History

EFFECTIVE DATE: September 1981
AMENDED: September 1989; July 15, 1998 (Secretary of State Rule Log # 98-49); January 25, 2006 (Secretary of State Rule Log # 06-002)

Chapter 009 PUPILS (4000)

22-009 Code Vt. R. 22-000-009-X PUPILS (4000)

Part 4100 STATUTORY AUTHORITY

Section 4101 Safety Program

Every school district receiving federal and/or state funds for program support will develop a program of safety, institute that safety program, and monitor it to make sure it is kept current.

Section 4102 Emergency Plan

Superintendents and school boards shall develop a comprehensive emergency plan for each school that will be updated and tested annually and a functional emergency organization.

The plan shall include provision for such disasters as fire, smoke, tornado, nuclear disaster, snow, blizzard, ice, flood, earthquake, bomb threat, civil disturbance, bus accidents and other emergencies.

Part 4200 ALCOHOL AND DRUGS

Section 4210 Statutory Authority

16 V.S.A., § 1165.

Section 4211 Definition

Alcohol and drug abuse (substance abuse) shall be defined as: "the ingestion of a substance in such a way that it interferes with a person's ability to perform physically, intellectually, emotionally or socially." Vermont Office of Alcohol and Drug Abuse Programs.

Section 4212 Policy Requirements

School districts shall adopt an alcohol and drug abuse policy which shall contain the following:

4212.1 Statement of Philosophy. This policy shall be concerned with the health and well-being of all students and the policy shall take into consideration the individual needs of students with problems as well as the right of the majority of students to an education.

4212.2 Education Program. The policy shall define an educational program consistent with the Vermont Alcohol and Drug Education Curriculum Plan.

4212.3 Support and Referral Systems and Cooperative Agreements. The policy shall provide for a support and referral system for students in distress due to their own or another's use of alcohol or other drugs. Such a system shall include both a clearly defined in-school process for initial assessment, support, and if necessary, referral to community resources of such students, and a written referral agrement with at least one community substance abuse treatment provider approved by the Office of Alcohol and Drug Abuse Programs. Such an agreement should define the process for making an effective referral and the nature and extent of information to be provided during and after such a referral to all parties involved.

4212.3A Immediate Procedures. The policy shall provide for the handling of any alcohol/drug-related incident until the student has been discharged to the parent, guardian, social service, medical or law enforcement agency.

4212.3B Emergency. The school district policy shall establish procedures for administering emergency first-aid related to alcohol and drug abuse. The procedures will define the roles of the personnel involved.

Part 4300 DISCIPLINARY ACTION

Section 4310 Statutory Authority

16 VSA § § 1162 and 1166

Section 4311 Procedures

When a student is subject to disciplinary action, the school district shall afford the student due process procedures as follows:

4311.1 In all cases of short-term suspension from school, which is generally regarded as 10 days or less, the student and his or her parent/guardian shall be given an opportunity for an informal hearing before an appropriately designated school official. Except for cases set forth in the last paragraph 4311.3, the hearing must precede the suspension and the district shall provide:

(1) notice of the charges;

(2) explanation of the evidence against the student;

(3) opportunity for the student to tell his or her side of the story;

(4) decision in writing to the parent/guardian.

4311.2 In cases of a long term suspension which is generally more than 10 days unless a school district establishes a shorter period, the student and his or her parent/guardian shall be given an opportunity for a formal hearing before the school board and the district shall provide:

(1) written notice of the following:

(a) nature of charges against the student;

(b) date, time and place of hearing;

(d) possible penalties involved;

(2) opportunity to present evidence;

(3) opportunity to cross-examine witnesses;

(4) decision in writing to parent/guardian.

4311.3

(1) When a student, because of his or her conduct or condition, is an immediate threat to himself or herself, others, property or educational environment, the school district may take whatever action is appropriate under the circumstances, including, but not limited to, immediate suspension pending a hearing as soon as possible thereafter. In addition, in cases where a student brings a weapon (as defined in the federal Gun-Free School Act) to school, the school district must refer the student to a law enforcement agency and expel the student for a period of not less than one calendar year unless such expulsion is modified in accordance with the provisions of 16 V.S.A. § 1166(b)(2) in circumstances such as but not limited to:

(a) the student is unaware that he or she has brought a weapon to school,

(b) the student did not intend to use the weapon to threaten or endanger others,

(d) the student does not present an ongoing threat to others and a lengthy expulsion would not serve the best interest of the student.

(2) In situations where a student with a disability brings a weapon to school, the provisions of regulation 4312(2) shall apply. In any such situation, an opportunity for a hearing prior to an expulsion must be provided prior to the expulsion, pursuant to 16 V.S.A. § 1166(b)(2).

Section 4312 Discipline Procedures for Children Who are Not Eligible for Special Education Services, but Who Are or May Be Qualified Individuals with Disabilities under Section 504 of The Rehabilitation Act of 1973 (29 U.S.C. Section 794; 34 C.F.R. Section 104 et seq.)

In addition to the general disciplinary procedures found within Rule 4311, and in accordance with 34 C.F.R. §104.36, the following procedures apply to children who are qualified individuals with disabilities as defined by Section 504 of the Rehabilitation Act of 1973 (hereinafter Section 504 ).

(1) A Section 504 child shall not be removed from his or her current educational placement for disciplinary reasons for more than 10 consecutive school days in a school year unless the following procedures have been completed:

(a) Are-evaluation, as defined by 34 C.F.R. §104.35; and

(b) A determination by the child's Section 504 team that the conduct is not a manifestation of his or her disability.

(2) A Section 504 child shall not be removed from his or her current educational placement for disciplinary reasons for more than 10 cumulative days in a school year when the removals constitute a change in placement as defined in Rule 2360.2(d)(1) unless the following procedures have been completed:

(a) Are-evaluation, as defined by 34 C.F.R. §104.35; and

(b) A determination by the child's Section 504 team that the conduct is not a manifestation of his or her disability.

(3) When it is determined by a child's 504 team that the conduct is not a manifestation of the child's qualifying disability, the child may be disciplined in the same manner, and subject to the same disciplinary consequences, as a non-disabled child, including suspension or expulsion without the provision of services.

(4) When it is determined by a child's Section 504 team that the conduct is a manifestation of his or her qualifying disability, a change in program or placement may be implemented by the child's Section 504 team and the child's Section 504 team may respond to the conduct by designing, amending and/or enforcing a plan of behavior management.

(5) If, at the time of the occurrence of conduct that gives rise to consideration of removal of a child from his or her current educational placement for more than 10 consecutive school days in a school year, the child is believed to be a qualified individual with a disability under Section 504, a Section 504 evaluation shall be completed prior to imposition of the removal.

(a) If the evaluation results in a determination that the child is a qualified individual with a disability under Section 504, the discipline procedures in this rule shall be followed.

(b) If the evaluation results in a determination that the child is not a qualified individual with a disability under Section 504, the discipline procedures in Rule 4311 shall be followed.

(6) If, at the time of the occurrence of conduct that gives rise to consideration of removal of a child who is believed to be a qualified individual with a disability under Section 504 for more than 10 cumulative school days in a school year, and the removals constitute a change in placement as defined in Rule 2360. 2(d)(1), a Section 504 evaluation shall be completed prior to imposition of the removal.

(a) If the evaluation results in a determination that the child is a qualified individual with a disability under Section 504, the discipline procedures in this rule shall be followed.

(b) If the evaluation results in a determination that the child is not a qualified individual with a disability under Section 504, the discipline procedures in Rule 4311 shall be followed.

(7) If a child who is a qualified individual under Section 504 possesses or carries a weapon, as defined in Rule 4313. 9(a), to school or at a school function, he or she may be placed in an interim alternative educational setting (IAES) in accordance with the procedures set forth in Rule 4313.9 and Rule 1253. The child's 504 team shall determine the IAES, and the services provided in the IAES, in accordance with the procedures set forth in Rule 4313.9. It is the intent of this section to discipline a child who is a qualified individual under Section 504 in the same manner as children who are eligible for special education when they possess weapons at school or at school functions.

(8) When a parent disagrees with disciplinary action taken by a LEA, the parent may request an impartial due process hearing, and the procedures in Rules 2365.1.6(c) through 2365.1.9 shall apply. In addition to or in lieu of a due process hearing a parent may file a complaint with the U.S. Department of Education Office for Civil Rights.

(9) A hearing officer may order a change in the placement of a child who is a qualified individual under Section 504 to an appropriate IAES for not more than 45 calendar days, if the hearing officer, in an expedited due process hearing:

(a) Determines that the LEA has demonstrated by substantial evidence, which for purposes of this section shall mean a preponderance of the evidence, that maintaining the current placement of the child is substantially likely to result in injury to the child or others;

(b) Considers the appropriateness of the child's current placement;

(c) Considers whether the LEA has made reasonable efforts to minimize the risk of harm in the child's current placement, including the use of supplementary aids and services; and

(d) Determines that the IAES that is proposed by school personnel will enable the child to continue to progress in the general curriculum. The services provided to and modifications made for the child in the IAES shall be designed to address and prevent the child's offending behavior.

(10) This Rule (4312) shall not apply when a responsible agency takes disciplinary action against a Section 504 child if:

(a) The misconduct for which the child is being disciplined pertains to the use or possession of illegal drugs or alcohol at school or at a school function; and

(b) The child is currently engaging in the use of alcohol or illegal drugs.

In this instance, the Section 504 child shall be disciplined in accordance with Rule 4311.

Section 4313 Discipline Procedures for Children Eligible for Special Education Services

In addition to the general disciplinary procedures found within Rule 4300, the following procedures apply to children eligible for special education services:

4313.1 Authority of School Personnel.

(a) Case-by-case determination. School personnel may consider any unique circumstances on a case-by-case basis when determining whether a change in placement, consistent with the requirements of this section, is appropriate for a child with a disability who violates a code of child conduct.

(b) General.

(1) Under this section, the school principal/designee, in consultation with the special education case manager may remove a child with a disability who violates a code of child conduct from their current placement to an appropriate interim alternative educational setting, another setting, or suspension, for not more than 10 consecutive school days (to the extent those alternatives are applied to children without disabilities), and for additional removals of not more than 10 consecutive school days in that same school year for separate incidents of misconduct (as long as those removals do not constitute a change of placement under Rule 4313. 7).

(2) After a child with a disability has been removed from his or her current placement for 10 school days in the same school year, during any subsequent days of removal the LEA shall provide services to the extent required under paragraph (d) of this section.

(c) Additional authority. For disciplinary changes in placement that would exceed 10 consecutive school days, if the behavior that gave rise to the violation of the school code is determined not to be a manifestation of the child's disability pursuant to paragraph (e) of this section, school personnel in consultation with the special education administrator may apply the relevant disciplinary procedures to children with disabilities in the same manner and for the same duration as the procedures would be applied to children without disabilities, except as provided in paragraph (d) of this section.

(d) Services.

(1) Except as provided in paragraphs (d)(3) and (d)(4) of this section, a child with a disability who is removed from the child's current placement pursuant to paragraphs (b), (c), or (g) of this section shall--

(i) Continue to receive educational services, so as to enable the child to continue to participate in the general education curriculum, although in another setting, and to progress toward meeting the goals set out in the child's IEP; and

(ii) Receive, as appropriate, a functional behavioral assessment, and behavioral intervention services and modifications, which are designed to address the behavior violation so that it does not recur.

(2) The services required by paragraph (d)(1) of this section may be provided in an interim alternative educational setting.

(3) A LEA need not provide services during periods of removal under paragraph (b) of this section to a child with a disability who has been removed from his or her current placement for 10 school days or less in that school year, if services are not provided to a child without disabilities who has been similarly removed.

(4) After a child with a disability has been removed from his or her current placement for 10 school days in the same school year, if the current removal is for not more than 10 consecutive school days and is not a change of placement under Rule 4313. 7, school personnel, in consultation with the child's special education case manager, determine the extent to which services are needed under paragraph (d)(1) of this section, if any, and the location in which services, if any, will be provided.

(5) If the removal is for more than 10 consecutive school days or is a change of placement under Rule 4313. 7, the child's IEP Team determines appropriate services under paragraph (d)(1) of this section and the location in which services will be provided.

(e) Manifestation determination

(1) Except for removals that will be for not more than 10 consecutive school days and will not constitute a change of placement under Rule 4313.7, within 10 school days of any decision to change the placement of a child with a disability because of a violation of a code of child conduct, the LEA, the parent, and relevant members of the child's IEP Team (as determined by the parent and the LEA) shall review all relevant information in the child's file, including the child's IEP, any teacher observations, and any relevant information provided by the parents to determine--

(i) If the conduct in question was caused by, or had a direct and substantial relationship to, the child's disability; or

(ii) If the conduct in question was the direct result of the LEA's failure to implement the IEP.

(2) The conduct shall be determined to be a manifestation of the child's disability if the LEA, the parent, and relevant members of the child's IEP Team determine that a condition in either paragraph (e)(1)(i) or (1)(ii) of this section was met.

(f) Determination that behavior was a manifestation. If the LEA, the parent, and relevant members of the IEP Team make the determination that the conduct was a manifestation of the child's disability, the IEP Team shall--

(1) Either-

(i) Conduct a functional behavioral assessment, unless the LEA had conducted a functional behavioral assessment before the behavior that resulted in the change of placement occurred, and implement a behavioral intervention plan for the child; or

(ii) If a behavioral intervention plan already has been developed, review the behavioral intervention plan, and modify it, as necessary, to address the behavior; and

(2) Except as provided in paragraph (g) of this section, return the child to the placement from which the child was removed, unless the parent and the LEA agree to a change of placement as part of the modification of the behavioral intervention plan.

(g) Special circumstances. School personnel may remove a child to an interim alternative educational setting for not more than 45 school days without regard to whether the behavior is determined to be a manifestation of the child's disability, if the child--

(1) Carries a weapon to or possesses a weapon at school, on school premises, or to or at a school function under the jurisdiction of an SEA or an LEA;

(2) Knowingly possesses or uses illegal drugs, or sells or solicits the sale of a controlled substance, while at school, on school premises, or at a school function under the jurisdiction of an SEA or an LEA; or

(3) Has inflicted serious bodily injury upon another person while at school, on school premises, or at a school function under the jurisdiction of an SEA or an LEA.

(h) Notification. Not later than the date on which the decision to take disciplinary action is made, the LEA shall notify the parents of that decision, and provide the parents a copy of their Parents' Rights in Special Education.

(i) Definitions. For purposes of this section, the following definitions apply:

(1) Controlled substance means a drug or other substance identified under schedules I, II, III, IV, or V in section 202(c) of the Controlled Substances Act ( 21 U.S.C. 812(c), as amended).

(2) Illegal drug means a controlled substance; but does not include a controlled substance that is legally possessed or used under the supervision of a licensed health-care professional or that is legally possessed or used under any other authority under that Act or under any other provision of Federal law.

(3) Serious bodily injury has the meaning given the term "serious bodily injury" under Section 1365(h)(3) (A- D) of Title 18, United States Code, as amended.

(4) Weapon has the meaning given the term "dangerous weapon" under of Section 930(g)(2) of Title 18, United States Code, as amended.

4313.2 Determination of Setting.

The interim alternative educational setting referred to in Rule 4313.1(c) and (g) is determined by the IEP Team.

4313.3 Appeal.

(a) General. The parent of a child with a disability who disagrees with any decision regarding placement under Rules 4313.1 and 4313. 2, or the manifestation determination under Rule 4313.1 (e), or an LEA that believes that maintaining the current placement of the child is substantially likely to result in injury to the child or others, may request a hearing.

(b) Authority of hearing officer.

(1) A hearing officer in an impartial due process hearing hears, and makes a determination regarding, an appeal requested under paragraph (a) of this section.

(2) In making the determination under paragraph (b)(1) of this section, the hearing officer may--

(i) Return the child with a disability to the placement from which the child was removed if the hearing officer determines that the removal was a violation of Rule 4313.1 or that the child's behavior was a manifestation of the child's disability; or

(ii) Order a change of placement of the child with a disability to an appropriate interim alternative educational setting for not more than 45 school days if the hearing officer determines that maintaining the current placement of the child is substantially likely to result in injury to the child or to others.

(3) The procedures under paragraphs (a) and (b)(1) and (2) of this section may be repeated, if the LEA believes the child would be dangerous if returned to the original placement.

(1) Whenever a hearing is requested under paragraph (a) of this section, the procedures of Rule 2365.1.6.17 shall be followed and the parents and LEA involved in the dispute shall have an opportunity for an impartial due process hearing consistent with the requirements of the rules relating to Resolution Sessions and Impartial Due Process Hearings, except as provided in paragraph (c)(2) through (5) of this section.

(2) The LEA shall arrange for an expedited hearing, which shall occur within 20school days of the date the hearing is requested and shall result in a determination within 10 school days after the hearing.

(3) Except as provided in a written waiver of the resolution session or in an agreement to mediate

(i) A resolution session meeting shall occur within seven days of the date the hearing is requested, and

(ii) The hearing may proceed unless the matter has been resolved to the satisfaction of both parties within 15 days of receipt of the hearing request.

(4) The decisions on expedited due process hearings are appealable consistent with those rules associated with due process hearing appeals.

4313.4 Placement During Appeals.

When an appeal under Rule 4313.3 has been requested by either the parent or the LEA, the child shall remain in the interim alternative educational setting pending the decision of the hearing officer or until the expiration of the time period provided for in Rule 4313.1(c) or (g), whichever occurs first, unless the parent and the SEA or LEA agree otherwise.

4313.5 Protections for Children not yet Eligible for Special Education and Related Services.

(a) General. A child who has not been determined to be eligible for special education and related services under this part and who has engaged in behavior that violated a code of child conduct, may assert any of the protections provided for in this part if the LEA had knowledge (as determined in accordance with paragraph (b) of this section) that the child was a child with a disability before the behavior that precipitated the disciplinary action occurred.

(b) Basis of knowledge. An LEA shall be deemed to have knowledge that a child is a child with a disability if before the behavior that precipitated the disciplinary action occurred--

(1) The parent of the child expressed concern in writing to supervisory or administrative personnel of the appropriate educational agency, or a teacher of the child, that the child is in need of special education and related services;

(2) The parent of the child requested an evaluation of the child pursuant to the rules relating to Procedures for Evaluation and Determination of Eligibility; or

(3) The teacher of the child, or other personnel of the LEA, expressed specific concerns about a pattern of behavior demonstrated by the child directly to the director of special education of the agency or to other supervisory personnel of the agency in accordance with the agency's established child find or special education referral system.

(c) Exception. A LEA would not be deemed to have knowledge under paragraph (b) of this section and the child would not receive special education protections available only to children with a disability or suspected of having a disability, if:

(1) The parent of the child:

(i) Has not allowed an evaluation of the child pursuant to special education evaluation procedures ; or

(ii) Has refused services under this part; or

(2) The child has been evaluated and determined not to be a child eligible for special education.

(d) Conditions that apply if no basis of knowledge.

(1) If an LEA does not have knowledge that a child is a child with a disability (in accordance with paragraphs (b) and (c) of this section) prior to taking disciplinary measures against the child, the child may be subjected to the disciplinary measures applied to children without disabilities who engaged in comparable behaviors consistent with paragraph (d)(2) of this section.

(2)

(i) If a request is made for an evaluation of a child during the time period in which the child is subjected to disciplinary measures under Rule 4313.1, the evaluation shall be conducted in an expedited manner.

(ii) Until the evaluation is completed, the child remains in the educational placement determined by school authorities, which can include suspension or expulsion without educational services.

(iii) If the child is determined to be a child with a disability, taking into consideration information from the evaluation conducted by the agency and information provided by the parents, the agency shall provide special education and related services in accordance with this part, including the requirements of Rules 4313.1 through 4313.7 and Section 1412(a)(1)(A) of the Individuals with Disabilities Education Improvement Act, as amended.

4313.6 Referral to and Action by Law Enforcement and Judicial Authorities.

(a) Rule of construction. Nothing in this part prohibits an agency from reporting a crime committed by a child with a disability to appropriate authorities or prevents State law enforcement and judicial authorities from exercising their responsibilities with regard to the application of Federal and State law to crimes committed by a child with a disability.

(b) Transmittal of records.

(1) An agency reporting a crime committed by a child with a disability shall ensure that copies of the special education and disciplinary records of the child are transmitted for consideration by the appropriate authorities to whom the agency reports the crime.

(2) An agency reporting a crime under this section may transmit copies of the child's special education and disciplinary records only to the extent that the transmission is permitted by the Family Educational Rights and Privacy Act.

4313.7 Change of Placement because of Disciplinary Removals.

For purposes of removals of a child with a disability from the child's current educational placement under Rules 4313.1 through 4314. 4, a change of placement occurs if:

(a) The removal is for more than 10 consecutive school days; or

(b) The child has been subjected to a series of removals that constitute a pattern--

(1) Because the series of removals total more than 10 school days in a school year;

(2) Because the child's behavior is substantially similar to the child's behavior in the incidents that resulted in the series of removals, taken cumulatively, is determined, under Rule 4313. 1(f), to have been a manifestation of the child's disability; and

(3) Because of such additional factors as the length of each removal, the total amount of time the child has been removed, and the proximity of the removals to one another.

Part 4400 INTEGRATION OF HOME STUDY STUDENTS

Section 4401 Statutory Authority

Section 1(c) of Act 119 of 1998; 16 V.S.A. § 563(24).

Section 4402 Definitions

"Facilities" means the portions of a school building and grounds used by students for classes, study and co-curricular or extracurricular activities.

"Home study student" means a student enrolled in a registered home study program pursuant to 16 V.S.A. § 166b.

"Integrated course" means a course covering two or more subjects that are taught in a unified manner by one teacher or team where the subjects cannot be separated into discrete sections for purposes of student attendance.

Section 4403 Part-time Enrollment of Home Study Students in Public School Academic Programs

4403.1 A home study student shall be eligible to enroll as a part-time student in a school operated by his or her district of residence or, if the district does not operate a school, in a public school for which his or her district of residence is required to pay tuition.

4403.2 Each school board shall adopt, by July 1, 1999, policies and procedures to ensure that home study students who request part-time enrollment in academic courses or programs are accepted into those courses or programs, and are furnished with required learning materials, on the same basis as full-time students.

4403.3 Policies and procedures adopted under this rule shall:

(a) upon inquiry by a home study student or parent, require the provision by the district of the student's residence of information concerning the availability of part-time enrollment in school. Such information shall include procedures, including registration deadlines, that home study students must follow to enroll on a part-time basis in the schools operated by the home study student's district of residence. In the event the district of residence does not operate a school in the grades appropriate to the inquiring student, the student or parents shall be given information on how to contact neighboring school districts that accept tuition students from the district of residence.

(b) apply the same enrollment procedures and deadlines to home study students that apply to full-time students.

(c) specify any enrollment capacity limits that the school board will apply to particular academic courses or grade levels. Capacity limits shall apply equally to home study and full-time students.

(d) establish criteria to determine whether home study students are eligible to enroll in integrated courses and courses that are available only to students who fulfill prerequisites. Criteria applied to courses with prerequisites shall be applied equally to home study and full-time students. Reasonable indications that academic criteria have been met, including results from achievement tests or other indications of adequate preparation, may be required of home study students, so long as those students are required to meet the same prerequisite standards as full-time students.

(e) establish informal and expeditious processes to appeal denials of requests for part-time enrollment to administrators and/or the school board.

Section 4404 Participation of Home Study Students in Public School Co-curricular and Extracurricular Activities

4404.1 A home study student shall be eligible to participate in or, when selection to participate in an activity is made on a competitive basis, to try out for, one or more co-curricular or extracurricular activities at a school operated by his or her district of residence or, if the district does not operate a school, at a public school for which his or her district is required to pay tuition. This rule is not intended to confer a right upon any student to participate in any activity. Although a home student need not enroll in academic programs to participate in activities under this rule, he or she must show compliance with insurance, physical examination, age, transfer and other requirements of the Vermont Principals Association on the same basis as enrolled students.

4404.2 Each school board shall adopt, by July 1, 1999, policies and procedures to ensure that home study students who wish to participate in co-curricular or extracurricular activities are accepted into those activities without first being required to enroll as part-time students at the sponsoring school.

4404.3 Policies and procedures adopted under this rule shall:

(a) upon inquiry by a home study student or parent, require the provision by the district of the student's residence of information concerning the eligibility of home study students to participate in co-curricular or extracurricular activities. Such information shall include procedures, including registration deadlines, that home study students must follow to participate in activities at schools operated by the home study student's district of residence. In the event the district of residence does not operate a school in the grades appropriate to the inquiring student, the student or parents shall be given information on how to contact neighboring school districts that accept tuition students from the district of residence.

(b) apply the same activity registration deadlines to home study students that apply to full-time students.

(c) apply the same academic eligibility requirements to home study students that apply to full-time students. Policies may require the parents of home study students to provide assurances that the school's academic eligibility standards are being met. Such assurances may be required at the same intervals during the year as is required of full-time students. A home study parent's assurance that the student meets the district's academic standards, provided at the intervals required by the school, shall be sufficient to satisfy academic eligibility requirements.

(d) establish priorities and criteria for admitting students to particular activities. When space is limited in a particular activity, preference may be given to enrolled students as long as the reporting requirement in § 4404.4 of these rules is met. Procedures for admitting home study students to activities with limited spaces may include lotteries, first-come-first-served waiting lists and performance-based criteria for participation on sports teams or in activities.

(e) Policies adopted in compliance with this rule shall establish informal and expeditious procedures to appeal denials of requests to participate in activities to administrators and/or the school board.

4404.4 When a home study student's request to participate in an activity is denied on the grounds that space is not available and that preference is given to full-time students, the school shall, within 30 days of the denial, notify the Home Study Consultant at the Department of Education on a form provided by the Department.

Section 4405 Use of School Facilities by Home Study Students

4405.1 A home study student may use facilities at a school operated by his or her district of residence or, if the district does not operate a school, at a public school for which his or her district is required to pay tuition.

4405.2 Each school board shall adopt, by July 1, 1999, policies and procedures to ensure that home study students are allowed to use school facilities on the same basis as full-time students.

4405.3 Policies and procedures adopted under this rule shall:

(a) apply to home study students the same criteria, procedures and deadlines for requesting the use of school facilities as are applied to full-time students.

(b) upon inquiry by a home study student or parent, require the provision by the district of the student's residence of information concerning the use of school facilities operated by the district. In the event the district does not operate a school in the grades appropriate to the inquiring student, the student or parents shall be given information on how to contact neighboring school districts which accept tuition students from the district of residence.

(c) provide for the establishment of criteria to determine whether sufficient space is available to comply with specific requests for facilities use. Criteria may also be developed to establish fees, to be applied equally to home study and full-time students, for security, janitorial or other services not normally available at the time of the requested use.

History

STATUTORY AUTHORITY: 16 VSA §§ 563(24), 1162, 1165 and 1166
EFFECTIVE DATE: June 5, 1991
AMENDED: August 20, 1994 Secretary of State Rule Log #94-62; January 25, 1996 Secretary of State Rule Log #96-03; May 9, 1997 Secretary of State Rule Log #97-14; August 1, 1999 Secretary of State Rule Log #99-35; August 24, 2006 Secretary of State Rule Log #06-023 4312 and 4313 ; September 17, 2007 Secretary of State Rule Log #07-033 4313 ; June 10, 2010 Secretary of State Rule Log #10-011 4312; 4313

Chapter 010 LICENSING OF EDUCATORS AND THE PREPARATION OF EDUCATIONAL PROFESSIONALS (5000)

22-010 Code Vt. R. 22-000-010-X LICENSING OF EDUCATORS AND THE PREPARATION OF EDUCATIONAL PROFESSIONALS (5000)

Acronym Guide

| Acronym | Stands for | | --- | --- | | ASHA | American Speech Language Hearing Association | | CAEP | Counsel for the Accreditation of Educator Preparation | | CTE | Career Technical Education | | EPP or TPP | Educator Preparation Program or Teacher Preparation Program | | ETS | Education Testing Services | | IEP | Individual Education Plan | | INTASC | Interstate Teacher Assessment and Support Consortium | | K | Kindergarten | | L/RSBs | Local/Regional Standards Boards | | LSB | Local Standards Board | | ML | Multilingual Learner | | NASDTEC | National Association of State Directors of Teacher Education and Certification | | NASP | National Association for School Psychologists | | NCSP | Nationally Certified School Psychologists | | NLN | National League for Nursing | | PK | Pre-Kindergarten | | PSEL | Professional Standards for Educational Leaders | | RN | Registered Nurse | | ROPA | Results Oriented Program Approval | | ROTC | Reserve Officers' Training Corps | | RSB | Regional Standards Board | | SD | School District | | SLP | Speech Language Pathologist | | SU | Supervisory Union | | VSA. | Vermont Statutes Annotated | | VSBPE | Vermont Standards for Board Professional Educators |

LICENSING RULES

5100 STATUTORY AUTHORITY

16 V.S.A. § 1691a; 16 V.S.A. § 1692; 16 V.S.A. § 1694; 16 V.S.A. § 1695; 16 V.S.A. § 1697.

Definition of Terms.

For the purpose of these Licensing Rules, unless the context otherwise clearly requires, the following definitions apply:

"Add-on" refers to an endorsement that may only be acquired as an additional endorsement to an existing Level I or II Professional Educator License and cannot be considered an endorsement on its own. Add-on endorsements take on the degree requirements of the existing endorsement. For example, an add-on to a Career Technical Education license would be considered a Career Technical Education endorsement.

"Administrator" means an individual licensed under 16 V.S.A. Chapter 51, the majority of whose time in a public school, school district, or supervisory union is assigned to developing and managing school curriculum, evaluating and disciplining personnel, or supervising and managing a public-school system or public-school program.

"Administrative Experience" refers to the number of years where the majority of time is spent as a professionally licensed administrator developing and managing school curriculum, evaluating and disciplining personnel, or supervising and managing a public-school system or public-school program under an endorsement for which demonstration of competency with the Vermont Core Leadership Standards is requisite.

Endorsement Areas for Educators Whose Employment is Considered Administrative Experience

| Endorsement Code | Endorsement | | --- | --- | | 20 | Assistant Director of Adult Education | | 92 | Career Technical Center Director | | N/A | Assistant Career Technical Center Director (must hold endorsement 92) | | 93 | Director of Curriculum | | 86 | Director of Special Education | | 91 | Principal | | N/A | Assistant Principal (must hold endorsement 91) | | 90 | Superintendent | | N/A | Assistant Superintendent (must hold endorsement 90) | | 75 | Supervisor (renewable, removed on 8/2/13) |

"Applicant" means an individual applying for a license or endorsement.

"Apprenticeship License" is a four (4) year conditional license. See Rule 5340.

"Approved Educator Preparation Program(s)" means an institution of higher education or other educational organization that meets established standards for licensure according to these rules and is approved to recommend candidates for Educator licensure by the Vermont Standards Board for Professional Educators.

"Associate's Degree" means a credential from an institute of higher education reflecting a minimum of forty-eight (48) college credit hours from a regionally accredited or state-approved institution.

"Bachelor's Degree" means an academic undergraduate degree conferred by a college or university upon those who complete the curriculum. Also called baccalaureate.

"Conditional License" means a license under which an applicant needs to meet additional requirements to be eligible for a professional license. A conditional license includes Provisional, Apprenticeship, and Emergency Licenses.

"Cooperating Educator" means an Educator assigned to a student teacher or intern by a local school in order to fulfill the requirements of Section 5924 of these rules.

"Core Content Areas" means English, math, science, and social studies.

"Core Teaching Standards for Vermont Educators" means what all Educators should know and be able to do as defined in the document titled A Vision for Teaching, Leading, and Learning: Core Teaching and Leadership Standards for Vermont Educators, developed, and periodically updated by the Vermont Standards Board for Professional Educators.

"Core Leadership Standards for Vermont Educators" means what all administrators should know and be able to do as defined in the document titled A Vision for Teaching, Leading, and Learning: Core Teaching and Leadership Standards for Vermont Educators, developed, and periodically updated by the Vermont Standards Board for Professional Educators.

"Educational Entities" means Vermont public schools and Technical Centers and Recognized Independent Schools.

"Educator" means any teacher, administrator, or professional support staff requiring a license under 16 V.S.A. Chapter 51.

"Emergency License" is a one-year non-renewable conditional Educator license. See Rule 5360.

"Endorsement" means the field and instructional level in which an Educator is authorized to serve, pursuant to Rule 5440, as identified by the code numbers printed on the license. A license shall bear one or more endorsements.

"Field" means an administrative or instructional area or area of professional practice.

"Initial Licensure" means the first Vermont professional Educator license and endorsement acquired by an applicant. All subsequent licenses and/or endorsements shall be considered additional.

"Instructional Level" means the grade level(s) or age ranges an Educator is endorsed to teach.

"Internship" means a graduate experience in which one is supervised by both an onsite supervisor and qualified faculty of an institution of higher education.

"Interstate Agreement" means the system whereby a recommendation for licensure from a state-approved Educator preparation program at an accredited college or university, or a professional license, is recognized in another state. The reciprocity is governed by the Interstate Agreement developed by the National Association of State Directors of Teacher Education and Certification (NASDTEC). It does not guarantee that a license in one state can simply be 'traded in' for a license in another state. Each jurisdiction that is a signatory to the Agreement sets its own requirements under which a license will be issued.

"Jurisdiction Specific Requirements" means additional requirements for licensure pursuant to Vermont Statute or as determined by the Standards Board, pursuant to 16 V.S.A.§ 1694 beyond the performance and knowledge standards; including degree requirements, years of experience, professional licensure, or credentials.

"Liberal Arts and Sciences" means those academic courses of instruction intended to provide a general knowledge in the arts, humanities, sciences, and mathematics, as opposed to professional and technical subjects.

"License" means the authority to engage in teaching or school administration, as the context requires, in the state and includes the endorsements the licensee possesses.

"Licensee" means an individual licensed under 16 V.S.A. Chapter 51.

"Licensing Action" means action that suspends, revokes, limits, or conditions licensure or certification in any way and includes warnings, reprimands, probation, and administrative penalties.

"Limitations" means any subject or instructional constraints placed on an endorsement restricting what an Educator is licensed to teach or constraints the Standards Board may apply.

"Local Standards Board (LSB)" means a board whose majority membership shall be licensed teachers and that is established and maintained pursuant to Rule 5620 for the primary purpose of recommending teachers for relicensure pursuant to these rules.

"Major" means an academic course of study leading to a bachelor's degree by an accredited/approved four-year institution. The equivalent of a major is defined as a compilation of at least thirty (30) credit hours in the specified major field from accredited/approved institution(s), at least nine (9) of which shall be advanced undergraduate courses or higher.

"Master's degree" means an advanced/graduate academic degree conferred by a regionally accredited or state approved institute of higher education.

"Minor" means an academic course of study earned as part of a bachelor's degree by an accredited/approved four-year institution, or a compilation of at least eighteen (18) credit hours in the specified course of study from accredited/approved institution(s), at least six (6) of which shall be advanced undergraduate courses or higher.

"Office" means the unit within the Vermont Agency of Education responsible for professional standards, Educator licensing, and pre-service approval.

"Online coursework" refers to learning that consists of student-teacher interaction which is conducted over the Internet and through the use of technology to support student learning with some element of student control over time, place, path, and/or pace.

"Practicum" means a minimum of sixty (60) hours of supervised field experience, that need not be consecutive.

"Professional Educator License" means a non-conditional, current license comparable to a Level I or Level II Vermont Educator license and does not include Provisional, Emergency, Teaching Intern, or Apprenticeship licenses or their equivalent in other states.

"Professional Learning Plan" means a plan that sets forth how an Educator with an apprenticeship license with a Career Technical Education endorsement who has not met the requirements of Sections 5230-5235 of these rules intends to meet those requirements.

"Professional Support Staff" means a person, other than a teacher or administrator, who is required to hold an Educator license to be employed in a public school.

"Provider" means an entity with the authority to recommend an Educator for licensure or endorsement.

"Provisional License" is a conditional two-year license. See Rule 5350.

"Regional Standards Board (RSB)" means a board whose majority membership shall be licensed administrators and that is established and maintained, pursuant to Rule 5630, for the primary purpose of recommending administrators for relicensure pursuant to these rules.

"Relicensure Credit" means a unit of measure assigned by a local or regional standards board, or the Office, to professional learning activities, including academic credit bearing courses, that meet standards for relicensure. Fifteen (15) hours of professional learning is equivalent to one (1) relicensure credit. Relicensure credits and academic credits apply equally toward relicensure requirements. Only academic course credits receiving a grade of "B" or better are accepted.

"School Year" means the year beginning July 1 and ending the next June 30.

"Secretary" means the Vermont Secretary of Education or an agent designated by the Secretary to carry out a particular duty.

"Standards Board" means the Vermont Standards Board for Professional Educators established under 16 V.S.A. § 1693.

"Student Teaching" means a minimum of thirteen (13) consecutive weeks of supervised, concentrated field experience, however named, required for initial licensure, in which the candidate shall gradually assume the full professional roles and responsibilities of an Educator in the initial endorsement area sought.

"Superintendent" means the Superintendent of a Supervisory Union (SU), Supervisory District (SD), or school district pursuant to 16 V.S.A. § 241.

"Teacher" means an individual licensed under 16 V.S.A. Chapter 51, the majority of whose employed time in a public-school district or supervisory union is assigned to furnish to learners direct instructional or other educational services, as defined by rule of the Standards Board, or who is otherwise subject to licensing as determined by the Standards Board.

"Teaching Experience" means the number of years where the majority of time is assigned to furnish to learners direct instructional or other educational services under an endorsement for which demonstration of competency with the Vermont Core Teaching Standards is requisite.

"Transcript Review" means the process of qualifying for an additional endorsement and/or an initial license (only an option in a limited number of endorsement areas) by documentation of qualifications via academic transcripts and any additional requirements.

Endorsement Areas for Educators Whose Employment is Considered Teaching Experience

| Endorsement Code | Endorsement | Endorsement Code | Endorsement | | --- | --- | --- | --- | | 02 | Art | 19 | Middle Grades | | 03 | Business Education | 06 | Modern and Classical Languages | | 17 | Career Technical Education | 40 | Multilingual Learner | | 73 | Career Technical Education School Counseling Coordinator | 12 | Music | | 87 | Career Technical Education Special Needs Coordinator | 08 | Physical Education | | 14 | Computer Science | 78 | Reading/English Arts Coordinator | | 38 | Dance | 76 | Reading/English Language Arts Specialist | | 10 | Design and Technology Education | 64 | School Counselor | | 30 | Driver and Traffic Safety Education (in-class and in-vehicle instruction) | 61 | School Librarian | | 36 | Early Childhood Education | 66 | School Psychologist | | 80 | Early Childhood Special Education | 13 | Science | | 42 | Educational Technology Specialist | 15 | Social Studies | | 84 | Educational Speech Language Pathologist | 82 | Special Educator | | 00 | Elementary Education | 85 | Special Education Consulting Teacher | | 05 | English | 79 | Specialized Literacy Professional | | 09 | Family and Consumer Sciences | 67 | Teacher of the Visually Impaired | | 31 | Health Education | 68 | Teacher of the Deaf and Hard of Hearing | | 81 | Intensive Special Education Teacher | 37 | Theatre Arts | | 72 | Math Specialist | 19 | Middle Grades |

Endorsement Areas for Educators Whose Employment is Not Considered Teaching Experience

| Endorsement Code | Endorsement | | --- | --- | | 30 | Driver and Traffic Safety Education (in-vehicle only) | | 16 | Junior ROTC Instructor | | 65 | School Nurse | | 65A | Associate School Nurse | | 54 | Social Worker | | 60 | Work-Based Learning Coordinator |

Endorsement Areas Where You Can Apply for Initial Licensure via Transcript Review

| Endorsement Code | Endorsement | Endorsement Code | Endorsement | | --- | --- | --- | --- | | 20 | Assistant Director for Adult Education | 16 | Junior ROTC | | 03 | Business Education | 61 | School Librarian | | 92 | Career Technical Education Director | 65 | School Nurse | | 87 | Career Technical Education Special Needs Coordinator | 65A | Associate School Nurse | | 10 | Design Technology Education | 66 | School Psychologist | | 30 | Driver and Traffic Safety Education (In-vehicle and Full endorsement) | 54 | School Social Worker | | 84 | Educational Speech Language Pathologist | 68 | Teacher of the Deaf and Hard of Hearing | | 42 | Educational Technology Specialist | 67 | Teacher of the Visually Impaired | | 09 | Family and Consumer Sciences | 60 | Work-Based Learning Coordinator |

5200 LICENSING RULES

License Expiration.

Any license issued shall expire on June 30 of the expiration year specified on the license.

5211 Responsibilities of preparation programs regarding rule and policy changes

5211.1 It is the responsibility of higher education institutions with approved Educator preparation programs to ensure that they are aware of all changes to licensing rules and/or policies, including endorsement changes, including those made subsequent to their program approval date. The Office will inform, in a timely manner, higher education institutions with approved Educator preparation programs and coordinators of approved alternate route to licensure programs of any changes to licensing rules and/or policies.

5211.2 Approved Educator preparation programs shall ensure that all general licensure competencies (if appropriate), specific endorsement competencies and other licensure requirements are addressed for each candidate in the program.

5211.3 Candidates for licensure via any alternate route to licensure approved under 5332 are subject to licensure requirements at the time of written notification of acceptance of their credentials for review.

Responsibilities for Licensure.

5220.1 Except as set forth in rule 5380, any Educator employed in a public school shall possess a valid Vermont Educator license, an endorsement appropriate to the professional assignment, and any other license or credential required by these rules or the applicable endorsement, on the first day of service.

5220.2 Except as set forth in rule 5380, any individual who performs educational functions covered by any endorsement authorization statement in these rules, whether as an independent contractor or an employee of a school district or supervisory union, shall hold an appropriate license and endorsement.

5220.3 In limited circumstances, qualified professionals or skilled people trained in a field other than education may perform educational functions without licensure providing they are supplementing the educational functions performed by licensed school personnel. "Supplementing" means extending or intensifying the educational functions performed by licensed personnel. Individuals who are supplementing educational functions shall work under the supervision of a licensed Educator(s) who is appropriately endorsed for the assignment. For purposes of this rule, "supervision" means direct responsibility for overseeing the work of the non-licensed individual.

5220.4 Paraprofessionals, student teachers, and volunteers are not required to hold licenses but shall work under the on-site supervision of licensed Educators.

5220.5 A license and/or an endorsement is not valid until it is issued in the name of the Standards Board.

5220.6 It is the responsibility of the Educator to maintain a license, an endorsement(s), and any other license or credential required by these rules or by the applicable endorsement throughout the period of service, to attend to all renewal requirements, and to seek renewal in a timely manner.

5220.7 It is the responsibility of the superintendent or director of a Career Technical Center to ensure that on the first day of any assignment of duties requiring licensure under these rules, that each Educator has a valid license, an appropriate endorsement, and any other applicable license or credential for the Educator's assigned duties. Additionally, they will ensure that the license and endorsement, as well as any other applicable licenses or credentials, are maintained throughout the assignment. Failure to do so may subject the superintendent or director of a Career Technical Center to discipline under provisions of 16 V.S.A. Chapter 51. Responsibility for Educator licensing for independent schools is addressed in SBE Rules Series 2200.

5221 Clerical Error, Omission, or Misrepresentation

Any license or endorsement mistakenly issued by the Standards Board may be voided by the Secretary without need for revocation proceedings under the following circumstances:

a) clerical error by any party;

b) omission of information required by the applicant; or

c) erroneous information provided by any party.

When a license and/or endorsement is voided under this rule, the holder shall receive written notice of the action and reason thereof.

General Requirements for All Applicants for Professional Licensure.

5231 Except as otherwise noted by this section, the applicant shall hold a baccalaureate degree from a regionally accredited or state-approved institution and shall have successfully completed a major, or its equivalent, in the liberal arts and sciences, or in the content area of the endorsement sought.

5231.1 Requirements for all new applicants for Educational Speech Language Pathologist endorsements. Educational Speech Language Pathologist (84) endorsements (Rule 5440-84.) shall be granted to Educators who:

a) hold a current clinical SLP License in Vermont;

b) hold a conferred master's degree or doctoral degree in speech language pathology from an educational institution approved by the American Speech Language Hearing Association (ASHA).

c) demonstrate the educational speech language pathologist endorsement competencies established by the Standards Board, and

d) submit passing scores on the Praxis Core Series examination or other skills examination selected by the Standards Board under Rule 5241.

5231.2 An applicant for a Career Technical Education endorsement (17), or an Educator who holds a Career Technical Education endorsement, need not hold a bachelor's degree or associate's degree, or have a major in the liberal arts and sciences. However, an applicant for a Career Technical Education endorsement shall have documented experience in the sub-endorsement, in order to qualify for a Level I Professional Educator License. See Rule 5340.

5231.2.1 To qualify for the Apprenticeship License, the individual must hold a high school diploma, or the equivalent, and have (6) years of work experience (12,000 hours) in the career cluster field OR hold at least an associate's degree in any field, or the equivalent, and have 4 years of work experience (8,000 hours) in the career cluster.

5231.2.2 To qualify for a Level I License, the Apprenticeship holder must successfully complete an approved Career and Technical Teacher Education Program, meet Vermont Licensure Portfolio requirements, and pass Praxis Core or the equivalent.

5231.2.3 To qualify to apply directly for a Level I License, the individual must: Meet CTE endorsement competencies and Core Teaching Standards through recommendation from an approved program, Transcript Review or Peer Review, AND have 4 years (8,000 hours) of work experience in the career cluster field AND pass Praxis Core or the equivalent.

5231.2.4 Applicants applying for the Transportation CTE Sub-endorsement in Driver and Traffic Safety Education who hold the Vermont Department of Motor Vehicles driver education certification need not have 4 years (8,000 hours) of work experience in driver education or if Educator has an associate's degree or 6 years (12,000 hours) if an Educator has less than an associate's degree in driver education.

5231.3 Career Technical Education Directors (92) seeking an additional administrative endorsement must meet the requirement of three years of licensed teaching experience.

5231.4 Applicants for the Junior ROTC Instructor (17) endorsement need not hold a bachelor's degree.

5231.5 An applicant for a School Nurse (65) endorsement shall have graduated from a nationally accredited, four-year nursing program. An applicant for an Associate School Nurse endorsement shall hold at least an RN license and have completed at least an associate's degree from a nationally accredited nursing program.

5231.6 Holders of Career Technical Education, Junior ROTC Instructor, or Associate School Nurse endorsements must meet the baccalaureate degree requirement in order to add additional endorsements other than those exempted from the baccalaureate degree requirement in this section.

5231.7 Applicants for: Drivers Education (in vehicle), School Social Worker, School Nurse, Associate School Nurse, Junior ROTC Instructor, or Work-Based Learning Coordinator endorsements need not meet the requirements of sections 5233 and 5235 of these rules. However, individuals holding endorsement(s) in one or more of these areas must meet the requirements in sections 5233 and 5235 in order to qualify for additional endorsements in any other teaching or administrative area.

5232 The applicant must provide documentation of the specified knowledge and performance standards and additional requirements, if any, for the endorsement(s) being sought.

5233 The applicant must provide documentation of required student teaching or administrative supervised field experience.

5233.1 Student Teaching. Evidence of at least thirteen (13) consecutive weeks of student teaching, or an equivalent learning experience, as determined by Standards Board policy or by the requirements of the endorsement.

5233.2 Supervised Administrative Field Experience. Evidence of at least 300 hours of supervised field experience for those seeking an initial administrator endorsement.

5235 Demonstrated competency as specified in the Vermont Core Teaching Standards

5235.1 Learner Development. The teacher understands how learners grow and develop, recognizing that patterns of learning and development vary individually within and across the cognitive, linguistic, social, emotional, and physical areas, and designs and implements developmentally appropriate and challenging learning experiences.

5235.2 Learning Differences. The teacher uses understanding of individual differences and diverse cultures and communities to ensure inclusive learning environments that enable each learner to meet high standards.

5235.3 Learning Environments. The teacher works with others to create environments that support individual and collaborative learning, and that encourage positive social interaction, active engagement in learning, and self-motivation.

5235.4 Content Knowledge. The teacher understands the central concepts, tools of inquiry, and structures of the discipline(s) he or she teaches and creates learning experiences that make the discipline accessible and meaningful for learners to assure mastery of the content.

5235.5 Application of Content. The teacher understands how to connect concepts and use differing perspectives to engage learners in critical thinking, creativity, and collaborative problem solving related to authentic local and global issues.

5235.6 Assessment. The teacher understands and uses multiple methods of assessment to engage learners in their own growth, to monitor learner progress, and to guide the teacher's and learner's decision making.

5235.7 Planning for Instruction. The teacher plans instruction that supports every learner in meeting rigorous learning goals by drawing upon knowledge of content areas, curriculum, cross-disciplinary skills, and pedagogy, as well as knowledge of learners and the community context.

5235.8 Instructional Strategies. The teacher understands and uses a variety of instructional strategies to encourage learners to develop deep understanding of content areas and their connections, and to build skills to apply knowledge in meaningful ways.

5235.9 Professional Learning and Ethical Practice. The teacher engages in ongoing professional learning and uses evidence to continually evaluate his/her practice, particularly the effects of his/her choices and actions on others (learners, families, other professionals, and the community), and adapts practice to meet the needs of each learner.

5235.10 Leadership and Collaboration. The teacher seeks appropriate leadership roles and opportunities to take responsibility for student learning, to collaborate with learners, families, colleagues, other school professionals, and community members to ensure learner growth, and to advance the profession.

5236 Demonstrated competency as specified in the Vermont Core Leadership Standards:

5236.1 Mission, Vision, and Core Values. Effective educational leaders develop, advocate, and enact a shared mission, vision, and core values of high-quality education and academic success and well-being of each student.

5236.2 Ethics and Professional Norms. Effective educational leaders act ethically and according to professional norms to promote each student's academic success and well-being.

5236.3 Equity and Cultural Responsiveness. Effective educational leaders strive for equity of educational opportunity and culturally responsive practices to promote each student's academic success and well-being.

5236.4 Curriculum, Instruction, and Assessment. Effective educational leaders develop and support intellectually rigorous and coherent systems of curriculum, instruction, and assessment to promote each student's academic success and well-being.

5236.5 Community of Care and Support for Students. Effective educational leaders cultivate an inclusive, caring, and supportive school community that promotes the academic success and well-being of each student.

5236.6 Professional Capacity of School Personnel. Effective educational leaders develop the professional capacity and practice of school personnel to promote each student's academic success and well-being.

5236.7 Professional Community for Teachers and Staff. Effective educational leaders foster a professional community of teachers and other professional staff to promote each student's academic success and well-being.

5236.8 Meaningful Engagement of Families and Community. Effective educational leaders engage families and the community in meaningful, reciprocal, and mutually beneficial ways to promote each student's academic success and well-being.

5236.9 Operations and Management. Effective educational leaders manage school operations and resources to promote each student's academic success and well-being.

5236.10 School Improvement. Effective educational leaders act as agents of continuous improvement to promote each student's academic success and well-being.

5237 Applicants shall meet all other requirements specified by law and rule.

Examination Requirements for All Applicants for Level I or Level II Professional Educator Licenses and Additional Endorsements.

5241 Praxis Core examination and alternate measures of demonstration of basic skills

5241.1 Except as otherwise provided by Rule 5246, all applicants for initial licensure under sections 5310, 5320, 5330, or 5340 of these rules shall be required to meet the passing scores established by the Standards Board on the Praxis Core Series examinations in reading, writing, and mathematics or other examinations or measures determined by the Standards Board.

5241.2 Other examinations and measures for determining core skills beyond the Praxis Core series include:

A. Equivalent score on approved alternate assessment as defined in Policy F3

B. Passing score on assessment of basic skills approved for educator licensure in any other US state.

C. Demonstration of competence in basic skills aligned with the Praxis Core through coursework that appears for credit on an official transcript and for which the applicant received a grade of "B" or better

5242 Except as otherwise provided by Rule 5246, all applicants for initial or additional endorsements shall be required to meet the passing scores established by the Standards Board on the applicable Praxis II examination or other examination required by the Standards Board in the endorsement area sought.

5243 Alternatives to Examinations. The Standards Board may adopt an alternative method of meeting an examination requirement when the alternative is shown to provide evidence of basic skill or content competency comparable to that of the passing scores on the required examinations.

5244 Before adopting new testing requirements, including:

a) scores for passing the examinations required under these rules;

b) examinations other than Praxis Core Series and Praxis II;

c) alternative methods of demonstrating competency; or

d) additional endorsement areas to be subject to examination requirements, the Standards Board shall, after public notice of its deliberations, consider the recommendations of interested individuals and organizations. The effective date of any examination or alternative to an examination adopted to take the place of the Praxis Core Series or Praxis II examination requirement or the addition of new endorsement areas subject to examination requirements shall be no less than one (1) year from the date of adoption.

5245 Scores adopted by the Standards Board for passing the examinations, or alternatives to examinations required under these rules, shall apply to any application for licensure submitted subsequent to the effective date specified at the time of adoption.

A candidate who retakes an applicable examination in order to achieve a passing score, or who seeks to qualify by applying for the second or subsequent time with an alternative requirement, must meet the cut score in effect when the score or alternative is submitted as part of an otherwise complete application for licensure.

5246 Exemptions. Candidates meeting the following criteria shall be exempt from the examination requirements set forth in these rules:

5246.1 The following endorsements shall be exempt from the Praxis Core testing requirements for initial licensure:

| Endorsement Code | Endorsement | Endorsement Code | Endorsement | | --- | --- | --- | --- | | 30 | Driver and Traffic Safety Education (In-Vehicle only) | 16 | Junior ROTC Instructor | | 65 | School Nurse | 54 | Social Worker | | 65A | Associate School Nurse | 60 | Work Based Learning Coordinator |

5246.2 A candidate who is currently licensed in a state participating in the NASDTEC Interstate Agreement (Rule 5320).

5246.3 A candidate who, prior to the effective date of a particular examination requirement, has received written notification from the Office or a panel convened to review credentials under section 5330 of these rules that a license will be granted upon completion of specified requirements.

5246.4 A candidate who otherwise qualifies for a license or endorsement and is certified by the National Board for Professional Teaching Standards in the applicable endorsement area.

5247 Waiver of Praxis Core Series Requirement

5247.1 A superintendent, director, head of an approved independent school, Career Technical Director, or may apply for the waiver on behalf of the Educator.

5247.2 The school district would need to demonstrate that not being given a waiver would substantially inhibit the district's ability to carry out its locally established objectives.

5247.3 The prospective teacher on whose behalf the waiver is being requested must document that the individual:

A. has undertaken additional efforts to acquire knowledge and skills necessary such as tutoring, courses, or content-based coaching;

B. has exhausted all ETS procedures for accommodations for a disability if the Educators has an identified and documented disability; and

C. has taken the exam a minimum of one time without being able to meet the required cut scores.

5247.4 If A -Cc are met and the VSBPE or the Office finds that the candidate is otherwise qualified, the Education Quality Division's Licensing Office will issue a license that is restricted to teaching in the Supervisory Union/District making the waiver request.

5247.5 An Education Preparation Program can request a waiver on behalf of a candidate, if the EPP attests that the candidate has demonstrated the basic skills and competencies to be a licensed educator in the State of Vermont and documents that the educator:

A. has been supported by the requesting EPP with documented additional efforts to acquire knowledge and skills necessary, such as tutoring or coursework, and how the educator has demonstrated competency in basic skills through these efforts;

B. has exhausted all ETS procedures for accommodations for a disability if the educators has an identified and documented disability; and

C. has taken the exam a minimum of two times without being able to meet the required cut scores.

5247.4 If A

C are met and the VSBPE or the Office finds that the candidate is otherwise qualified, the Education Quality Division's Licensing Office will issue a license allowing the educator to seek licensure without meeting Praxis Core requirements.

5300 PROCESSES FOR BECOMING LICENSED

Applicants may seek licensure, through application, by the following methods:

Approved Vermont Educator Preparation Program.

The applicant has been recommended for licensure by a Vermont Educator preparation program approved by the Standards Board pursuant to Section 5900 of these rules. The applicant shall meet requirements for updated knowledge and skills as established by Standards Board policy when there is a time lapse of ten (10) or more years between the time of recommendation for licensure and application for licensure.

If an approved Vermont Educator preparation program for a specific endorsement does not exist, or has not existed within the past five (5) years, the Standards Board or the Office will evaluate the knowledge and skills of an applicant for initial licensure through Transcript Review. Only coursework which appears for credit on an official transcript and for which the applicant received a grade of "B" or better may be counted toward the requirements for initial licensure through Transcript Review. In some cases, an endorsement will require a clinical license. In these cases, Transcript Review will ensure that the applicant holds a valid license, but will not determine an applicant's qualifications for the clinical license itself.

Interstate Agreement.

5321 An applicant who is not licensed and has successfully completed an Educator preparation program approved by a nationally recognized accrediting body in a state which has signed the NASDTEC Interstate Agreement will be considered for licensure as if they had completed an approved Educator preparation program in Vermont. Applicants will be subject to the same requirements for initial licensees awarded in Vermont including testing, criminal background checks, and affirmations. The applicant shall meet requirements for updated knowledge and skills when there is a time lapse of ten (10) or more years between the time of recommendation for licensure and application for licensure.

5322 An applicant who is not licensed and has successfully completed an Educator preparation program approved by a nationally recognized accrediting body in a state which has not signed the NASDTEC Interstate Agreement may apply for licensure though transcript review. An applicant who meets the requirements specified and Jurisdiction Specific Requirements as defined and specified in these rules shall be issued a comparable license and/or endorsement(s) according to the provisions of these rules. The applicant shall meet requirements for updated knowledge and skills when there is a time lapse of ten (10) or more years between the time of recommendation for licensure and application for licensure.

5323 An applicant for licensure or an endorsement in Vermont who holds a professional license in another state which has signed the NASDTEC Interstate Agreement, holds the degree required for the endorsement, and meets the specified Jurisdiction Specific Requirements shall be issued a Level I Professional Educator License with a comparable endorsement(s). Educators already holding a Vermont Professional Educator License will have the endorsement added to a Level I Professional Educator License regardless of the license held.

5323.1 An applicant for licensure or an endorsement in Vermont who holds an Educational Speech Language Pathologist or School Nurse endorsement in another state which has signed the NASDTEC Interstate Agreement, holds the degree required for the endorsement, and meets the specified Jurisdiction Specific Requirements shall be issued a Level I Professional Educator License with a comparable endorsement(s) contingent on the applicant holding the required clinical license.

5324 The Standards Board or Office will evaluate an applicant who comes from a state that does not participate in the NASDTEC Interstate Agreement or is applying for an endorsement not covered by the Agreement through Transcript Review. Only coursework which appears for credit on an official transcript and which the applicant received a grade of "B" or better may be counted toward the requirements for initial licensure through transcript review. The applicant shall meet requirements for updated knowledge and skills as established by Standards Board policy.

5325 An applicant for Vermont licensure who is certified by the National Board for Professional Teaching Standards shall be issued a license in the comparable endorsement area.

5326 A Vermont license and endorsement(s) issued through the NASDTEC Interstate Agreement shall be subject to renewal provisions of Section 5430 of these rules.

5327 The Office will annually post the states which have signed the NASDTEC Interstate Agreement.

Alternate Routes to Licensure.

5332 An individual who holds at least a baccalaureate degree from a regionally accredited or state-approved institution and has successfully completed a major, or its equivalent, in the liberal arts and sciences or in the content area of the endorsement sought may be licensed by completing an alternate route to licensure approved by the Standards Board (except as noted in 5231). For endorsement areas requiring an advanced degree, the individual must hold the specified advanced degree in order to be deemed eligible to proceed with any other alternate route to licensure approved by the Standards Board.

5332.1 An applicant for Driver and Traffic Safety Education candidacy through Peer Review must demonstrate coursework to meet Knowledge Standards 1.1, 1.4 and Performance Standards 2.1, 2.2 and 2.4.

Apprenticeship License for Individuals Seeking Licensure as Career Technical Educators.

5340.1 Upon employment by a Career Technical Center, an applicant for licensure as an Educator with a Career Technical Education endorsement who does not otherwise meet the requirements of Rules 5231 - 5236 as demonstrated through one of the processes outlined in Rules 5310 - 5332 shall develop a Professional Learning Plan which sets forth how the applicant intends to meet those requirements.

5340.2 The Professional Learning Plan shall be developed by the applicant and the director of an approved career technical teacher education program and be approved by the director/superintendent of the employing Career Technical Center and the Office.

5340.3 An Apprenticeship License may be issued when the Apprenticeship License Application with an approved Professional Learning Plan is submitted to the Standards Board or the Office. The Apprenticeship License shall be valid for up to four (4) years. An Apprenticeship License or endorsement request shall not be approved before June 1 for the ensuing year.

5340.4 The director of the career technical teacher education program will verify satisfactory completion of the Professional Learning Plan based on licensing procedures.

5340.5 The Apprenticeship License shall not be extended unless the Standards Board or the Office determine extenuating circumstances exist that prevented the holder from satisfactorily completing an associate's degree, or the equivalent, or the Professional Learning Plan within the four (4) years. Under these conditions, a second Apprenticeship License may be issued for one (1) school year.

5340.6 The Educator examination requirements of Rules 5240-5246 shall not apply to applicants for Apprenticeship Licenses.

5340.7 Applicants for an Apprenticeship Career Technical endorsement in human services/personal care must hold appropriate licenses via the Vermont Office of Professional Regulation.

5340.8 Applicants for an Apprenticeship Career Technical endorsement in Driver and Traffic Safety Education must hold appropriate licenses via the Vermont Department of Motor Vehicles.

Temporary Licenses: Provisional Licenses and Endorsements.

5351 The Standards Board, or the Office, shall issue a two-year Provisional License with an endorsement to an individual on the application of a superintendent, director, head of an approved independent school, Career Technical Director, or entities receiving state appropriated grants for Statewide Hearing Impaired, Statewide Deaf/Hard of Hearing, Statewide intensive needs special education when the local district or approved independent school is unable to find an appropriately licensed and/or endorsed applicant after making all reasonable efforts to do so or when a licensed or endorsed applicant does not possess the qualifications necessary for the specific assignment. The application for a Provisional License or endorsement shall include a plan for obtaining a Level I Professional Educator License or endorsement and an explanation of how the applicant will be mentored and supervised during the two-year period of the Provisional License by a professionally licensed Vermont Educator.

Qualifications - With the exceptions below, applicants for a Provisional License and/or endorsement shall possess a baccalaureate degree and meet at least one of the following criteria:

A. possess any valid professional Educator license from Vermont or from another state;

B. possess any expired professional Vermont Educator license or any expired professional Educator license from another state, provided the license expired no fewer than two (2) years and no longer than ten (10) years ago;

C. have a major or the equivalent in the content area of the provisional endorsement sought;

D. have successfully completed a licensure content assessment (e.g. Praxis) for the provisional endorsement sought.

i. Applicants for a Provisional School Nurse or Associate School Nurse endorsement must hold an RN degree and a current Vermont nursing license.

ii. Applicants for Provisional Associate School Nurse endorsements must have an associate's degree/diploma from a nursing program accredited by the National League for Nursing (NLN) but are exempt from the baccalaureate degree requirement.

iii. Applicants for a Provisional Career Technical Education endorsement must have a current Level I or Level II Vermont Educator License but are exempt from the baccalaureate degree requirement when adding a second Career Technical Education endorsement.

iv. Applicants for a Provisional Educational Speech Language Pathologist endorsement must hold a current Vermont clinical SLP license.

v. Applicants for Provisional Junior ROTC Instructor endorsements must hold the Department of Defense certification as a Junior ROTC instructor and are exempt from the baccalaureate degree requirement.

vi. Applicants for Provisional Driver and Traffic Safety Education endorsement must demonstrate coursework to meet Knowledge Standards 1.1., 1.2. and 1.4. and Performance Standards 2.1., 2.2. and 2.4 as well as the Standards 4 and 5.

vii. Applicants for a Provisional School Psychologist endorsement must hold a current Vermont Clinical Psychologist license; be a currently Nationally Certified School Psychologist (NCSP) through the National Association for School Psychologists (NASP); hold a current non-conditional School Psychologist license through a U.S. State Education Agency; or are currently enrolled in a NASP- approved and/or accredited school psychology graduate program of study, have completed all core coursework and school based practicum experiences, and are adhering to the supervision, competency outcomes, evaluation processes, and assessment outcomes of the NASP Standards for Graduate Preparation of School Psychologists and/or VSBPE Rule 5924.5..

viii. Applicants for a Provisional endorsement in human services/personal care must hold appropriate licenses via the Vermont Office of Professional Regulation.

5352 A provisional endorsement may be requested without making all reasonable attempts to find a properly endorsed person when the superintendent wishes to assign a current employee who is licensed in Vermont, but not properly endorsed for the assignment, or an unlicensed individual who is a candidate in a diversity program approved by the Secretary. In either instance, the individual must submit a plan to qualify for an endorsement and/or licensure within the two-year provisional period. If the employee is not properly endorsed at the expiration of the provisional endorsement, the district shall make all reasonable efforts to seek a properly endorsed applicant.

5353 Provisional License or endorsement requests shall not be approved before June 1 for the ensuing year unless the request is for an administrator whose assignment for the ensuing year begins prior to that date. Provisional License requests for administrator assignments shall not be approved prior to April 1 for the ensuing school year.

5354 A Provisional License or endorsement shall expire on June 30 of the second school year for which it was granted.

5355 A Provisional License or endorsement shall not be extended for any individual.

5355.1 If the Standards Board or the Office determine that extenuating circumstances exist that prevented the individual from obtaining the license and/or endorsement they may issue, upon application, a second Provisional License or endorsement for up to one additional school year.

5355.2 A Provisional License or endorsement shall not be granted a second time in the same endorsement area for any individual (with the exceptions outlined in 5355.1)

5356 The Standards Board, or the Office, shall issue a two-year Provisional License with an endorsement to an individual on the application of a superintendent, director, head of an approved independent school, or entity receiving state appropriated grants for Statewide Hearing Impaired, Statewide Deaf/Hard of Hearing, or Statewide intensive needs special education when the local district or approved independent school is unable to find appropriately licensed and/or endorsed applicants after making all reasonable efforts to do so. The application for a Provisional License shall include an explanation of how the applicant will be mentored and supervised during the two-year period of the Provisional License by a professionally licensed Vermont Educator.

An Educator who holds a Provisional License may be employed by any SU/SD, CTE, approved independent school, or entity receiving state appropriated grants for Statewide Hearing Impaired, Statewide Deaf/Hard of Hearing, or Statewide intensive needs special education during the life of the Provisional License if the employing entity shows need in accord with Section 5351 of these rules. The hiring superintendent, head of school or CTE director assumes all responsibility of supervising and mentoring for the remainder of the license cycle.

Conditional Licenses: Emergency Licenses and Endorsements.

The Standards Board, or the Office, shall issue a one-year Emergency License with an endorsement to an individual on the application of a superintendent, director, head of an approved independent school, Career Technical Director, or entities receiving state appropriated grants for Statewide Hearing Impaired, Statewide Deaf/Hard of Hearing, Statewide intensive needs special education when the local district or approved independent school is unable to find appropriately licensed and/or endorsed applicants, after making all reasonable efforts to do so. The application for an Emergency License shall include an explanation of how the applicant will be mentored and supervised during the one-year period of the Emergency License by a professionally licensed Vermont Educator.

An Emergency License and endorsements shall be issued to individuals who meet one of the following criteria:

A. Emergency License applicants must hold a baccalaureate degree, but do not meet the qualifications for a Provisional License as stated in Section 5351 of these rules. Applicants for Emergency Career Technical Education endorsements need not meet the baccalaureate degree requirement.

B. Emergency License applicants must have held a Vermont Educator license in the requested endorsement area within the last five (5) years and have certified having no intention of reinstating the endorsement at the time of application.

C. An applicant must demonstrate possession of licenses or credentials specific to the emergency endorsement sought.

Accordingly:

i. Applicants for an Emergency School Nurse or Associate School Nurse endorsement must hold a current Vermont nursing license, CPR, and AED. Associate School Nurse will additionally need First Aid certification.

ii. Applicants for an Emergency Educational Speech Language Pathologist endorsement must hold a current Vermont clinical SLP license.

iii. Applicants for an Emergency Junior ROTC Instructor endorsement must hold the Department of Defense certification as a Junior ROTC Instructor.

iv. Applicants for an Emergency Driver and Traffic Safety Education. endorsement must meet standards 4 and 5 of endorsement 5440-30..

v. Applicants for an Emergency endorsement in CTE Human Services/Personal Care must hold appropriate licenses via the Vermont Office of Professional Regulation.

vi. Applicants for an Emergency endorsement in CTE Health must hold appropriate licenses via the Vermont Office of Professional Regulation.

vii. Applicants for an Emergency endorsement in Health Education must hold current certificates in First Aid full or compression only CPR and AED.

viii. Applicants for an Emergency endorsement in Physical Education must hold current certificates in CPR, AED, and First Aid.

D. For all endorsement areas except those listed in 5363, an applicant must hold a current Vermont Educator license in an area other than the requested endorsement area, been eligible to qualify for a provisional or apprenticeship license in requested endorsement area, and certify no intention of pursuing the endorsement at the time of application.

5361 An Emergency License or endorsement shall expire on June 30 of the school year in which it was issued and shall be valid only for the assignment for which it was issued. An Emergency License can neither be extended for a second year nor be issued for any endorsement more than once.

5362 An Emergency License shall not be issued for the following endorsements except as outlined in 5360 (b):

-- 20 Assistant Director for Adult Education

-- 92 Career Technical Center Director

-- 73 Career Technical Education School Counseling Coordinator

-- 87 Career Technical Education Special Needs Coordinator

-- 93 Director of Curriculum

-- 86 Director of Special Education

-- 30 Driver and Traffic Safety Education

-- 80 Early Childhood Special Educator

-- 84 Educational Speech Language Pathologist

-- 81 Intensive Special Education Teacher

-- 16 Junior ROTC Instructor

-- 91 Principal

-- 65 School Nurse

-- 65A Associate School Nurse

-- 64 School Counselor

-- 66 School Psychologist

-- 54 School Social Worker

-- 82 Special Educator

-- 85 Special Education Consulting Teacher

-- 90 Superintendent

-- 68 Teacher of the Deaf and Hard of Hearing

-- 67 Teacher of the Visually Impaired

Substitute Educators.

5381 Qualifications

Each local school board shall adopt a policy establishing employment qualifications for persons who substitute for Educators in their absence. Each policy shall require at minimum that the substitute has graduated from high school.

5382 Time Limits and Extensions

An unlicensed person employed as a substitute pursuant to local school board policy may substitute for up to thirty (30) student days in the same assignment. In order to continue to employ an unlicensed person in this assignment beyond thirty (30) student days, the superintendent shall apply for a Provisional or Emergency License for the person pursuant to Sections 5350 and 5360 of these rules.

Licensed Educators may substitute in a field outside of their endorsement field for thirty student days in the same assignment. Upon application by the superintendent, the Standards Board or the Office may grant one extension for an additional thirty (30) days. In order to continue to employ licensed Educators beyond sixty (60) days outside of their endorsement field, the superintendent shall apply for a Provisional License for the person pursuant to Section 5350 of these rules.

5400 ISSUANCE OF LICENSE AND ENDORSEMENT

The issuance of a license authorizes the holder to practice as an Educator in the endorsement area(s) and instructional level(s) specified. Each license issued shall indicate the type of license and the endorsement(s) and instructional level(s) for which the license is valid.

Level I Professional Educator License.

A Level I Professional Educator License is valid for three (3) years, shall expire on June 30 of the third school year for which it was issued, and may be renewed subject to the provisions of Section 5430 of these rules. The expiration date of any additional Level I endorsement(s) shall be the expiration date of the current Level I Professional Educator License.

5411 An applicant who holds a professional license in another state, the degree required for the endorsement sought, and meets Jurisdiction Specific Requirements shall be issued a Level I Professional Educator License with a comparable endorsement(s) according to the provisions of these rules.

5412 An applicant applying for initial licensure who has satisfactorily met all requirements in Sections 5230 through 5246 through one of the processes in Section 5300 or met the requirements for an additional endorsement in Section 5443 of these rules shall be granted a Level I Professional Educator License. An applicant with a recommendation from an accredited Educator preparation program outside of Vermont in a state that is a signatory to the NASDTEC interstate agreement shall be granted a Level I License with a comparable endorsement.

Level II Professional Educator License.

A Level II Professional Educator License is valid for five (5) years, shall expire on June 30 of the fifth school year for which it was issued, and may be renewed subject to the provisions of Section 5430 of these rules.

5421 A Level II Professional Educator License shall be issued upon recommendation of an L/RSB (or the Office if the Educator is not employed by an entity served by an L/RSB) to Educators who have:

a) Practiced in Vermont in the endorsement area(s) for three (3) years under a Level I Professional Educator License;

b) Provided documentation of three (3) credits or 45 hours of professional learning. Only academic course credits receiving a grade of "B" or better will be accepted. At least one (1) credit or fifteen (15) hours must address the specific knowledge and performance standards of the endorsement being moved to Level II Professional Educator License and must occur within the three (3) years preceding application for the Level II Professional Educator License in each endorsement area;

c) Provided verification from the Educator's current supervising administrator that the Educator is performing at a professional level in relation to the Core Teaching or Leadership Standards. Level I Superintendents transitioning to a Level II must have the Chair of the Supervisory Union/Supervisory District sign the appropriate Transition Form, and private school Educators without a licensed administrator may have the Head of School sign the appropriate Transition Form. (All Transitions forms provided by the Office.); and

d) Provided documentation of any valid licenses or credentials that are required by the endorsement(s) sought.

5422 When an Educator holding both a Level I and Level II Professional Educator License is recommended to transition a Level I endorsement(s) to a Level II license, the expiration date of the transitioned endorsement(s) shall be the expiration date of the current Level II Professional Educator License.

5423 A Level II Professional Educator License may not revert back to a Level I Professional Educator License after it has been moved to a Level II Professional Educator License.

Retired Educator License.

This license may only be issued for current Level II endorsements held by the Educator at the time of application. A person who has a minimum of fifteen (15) years of experience as a licensed Educator, has withdrawn from active service, and is receiving a retirement allowance from the Vermont State Teachers Retirement System for service as an Educator shall qualify for a five (5) year Retired Educator License upon application to the Office. Educators with fifteen (15) years teaching experience under a current license in a position exempt from participation in the Vermont State Teachers Retirement System can qualify for a Retired Educator License. A Retired Educator License may only be issued to an Educator who has completed three (3) professional learning credits or 45 hours of professional learning. Only academic course credits receiving a grade of "B" or better are accepted for professional learning credits. At least one (1) credit or fifteen (15) hours must address the specific knowledge and performance standards of the endorsement(s) being sought and must occur within the three (3) years preceding application for the Retired Educator License in each endorsement area.

Licensed Level II Professional Educators employed in a Vermont entity served by a local or regional standards board shall have their professional learning credits approved by the board. The Office shall serve in place of a local or regional standards board for licensed Level II Professional Educators not employed by a Vermont entity served by a local or regional standards board at the time of application.

License Renewal and Reinstatement.

A license and endorsement(s) shall be renewed or reinstated in the name of the Standards Board as set forth in Sections 5431 through 5435 of these rules. When an endorsement requires an additional license or credential, a copy of the valid document shall be provided by the Educator at the time of renewal or reinstatement.

Level I Professional Educator License Renewal.

5431.1 Educators who have worked in Vermont under the Level I endorsement for three (3) years shall seek a recommendation from their local or regional standards board (or from the Office if the Educator is employed by an entity not served by a local or regional board) for a Level II endorsement pursuant to section 5421 of these rules.

a) A licensed Level I Educator who does not receive a recommendation to move a Level I endorsement to a Level II Professional Educator License upon first application shall renew the Level I endorsement for three (3) years and re-apply to move the endorsement to a Level II Professional Educator License prior to the expiration of the renewal. To renew a Level I endorsement, the Educator must show:

i. Professional learning through completion of a minimum of three (3) credits or forty-five (45) hours in the endorsement area. Only academic course credits receiving a grade of "B" or better are accepted. At least one (1) credit or fifteen (15) hours must address the specific knowledge and performance standards of the endorsement(s) being renewed and must occur within the three (3) years preceding renewal of the Level I Professional Educator License in each endorsement area. Professional learning will be verified in accordance with Standards Board policy by the local or regional standards Board or the Office who will determine the applicability of the professional learning activities.

ii. Documentation of any required additional licenses or credentials specific to a particular endorsement.

b) The Level I endorsement of an Educator who does not receive a recommendation to move the endorsement to a Level II Professional Educator License after the second application shall lapse and may not be reinstated.

5431.2 Educators who have not worked under the Level I endorsement for three (3) years shall seek a recommendation from their local or regional standards board (or from the Office if the Educator is employed by an entity not served by a local or regional board) for a renewal of a Level I endorsement.

a) To receive a three (3) year renewal of a Level I endorsement under which the Educator has not practiced for three (3) years, the Educator shall show:

i. Professional learning through completion of a minimum of three (3) credits or forty-five (45) hours in the endorsement area. Only academic course credits receiving a grade of "B" or better are accepted. At least one (1) credit or fifteen (15) hours must address the specific knowledge and performance standards of the endorsement(s) being renewed and must occur within the three (3) years preceding application for the Level I Professional Educator License in each endorsement area. Professional learning will be verified in accordance with Standards Board policy by the local or regional standards Board or the Office who will determine the applicability of the professional learning activities.

ii. Documentation of any required additional licenses or credentials specific to a particular endorsement.

b) The holder of a Level I endorsement that has been renewed shall continue to seek renewal of that endorsement in accordance with Rule 5431.1 until such time as the Educator qualifies to apply for renewal of the endorsement as a Level II endorsement.

Level II Professional Educator License Renewal.

5432.1 A licensed Level II Professional Educator shall seek a recommendation for renewal of their Level II Professional Educator License and endorsement(s) from their local or regional standards board (or from the Office if the Educator is employed by an entity not served by a local or regional board).

5432.2 A licensed Level II Professional Educator employed by a Vermont independent school shall seek a recommendation for renewal from a local standards board designated by the Standards Board to serve independent schools or may seek a recommendation for renewal from the local standards board for the school district in which the independent school is located if that board agrees to serve that independent school or Educator.

A. To renew a Level II endorsement, the Educator must show:

i. Professional learning through completion of a minimum of six (6) credits or ninety (90) hours in the endorsement area. Professional learning may apply to more than one endorsement if applicable, however, at least two (2) credits or thirty (30) hours must address the specific knowledge and performance standards of the endorsement(s) being renewed and must occur within the five (5) years preceding the renewal of the Level II Professional Educator License in each endorsement area. Professional learning will be verified in accordance with Standards Board policy by the local or regional standards Board or the Office who will determine the applicability of the professional learning activities.

ii. Evidence of any required additional licenses or credentials specific to a particular endorsement.

5432.3 Approved professional learning activities shall be accepted on a reciprocal basis by local and regional standards boards and by the Office when the Educator is not under the jurisdiction of a local or regional standards board.

Retired Educator License Renewal.

A Retired Educator License may be renewed every five (5) years. The expiration date of any additional endorsement(s) shall be the expiration date of the current Retired Educator License. Educators who have worked in Vermont under the Retired License shall seek a recommendation from their local or regional standards board (or from the Office if the Educator is employed by an entity not served by a local or regional board).

To renew a Retired License endorsement, the Educator must show:

A) Evidence of any required additional licenses or credentials specific to a particular endorsement.

B) Verification that the licensee is receiving a retirement allowance from the Vermont State Teacher Retirement System for service as an Educator, if applicable. Educators who exceed the earnings cap determined by the Vermont State Teachers Retirement System must reinstate their Level II Professional Educator License.

C) Professional learning through completion of a minimum of three (3) credits or forty-five (45) hours in the endorsement area. Only academic course credits receiving a grade of "B" or better are accepted. At least one (1) credit or fifteen (15) hours must address the specific knowledge and performance standards of the endorsement(s) being renewed and must occur within the three (3) years preceding application for the Retired Educator License in each endorsement area. Professional learning will be verified in accordance with Standards Board policy by the local or regional standards Board or the Office who will determine the applicability of the professional learning activities.

Reinstatement of Lapsed Professional Educator Licenses or Endorsements.

5435.1 An Educator with an expired Vermont Professional License who does not wish to reinstate the endorsement held in the lapsed license may apply for licensure with a new endorsement by the same pathways as an Educator applying for initial licensure. However, if an Educator chooses to reinstate a previously held endorsement, the processes outlined in Rule 5435 shall be in effect.

5435.2 If an applicant reinstating a lapsed license or endorsement is served by a local or regional standards board, the board shall evaluate and verify the professional learning activities and other required credentials. The applicant must then submit documentation of this approval to the Office who will review the application for reinstatement.

5435.3 If an applicant is not under the jurisdiction of a local or regional standards board the applicant shall apply for reinstatement directly to the Office, including submission of documentation of professional learning activities for approval.

5435.4 To reinstate a lapsed Level II endorsement, six (6) credits or ninety (90) hours of professional learning is required within the last five (5) years in the endorsement(s) being sought. To reinstate a lapsed Level I or Retired Professional Educator License, three (3) credits or forty-five (45) hours of professional learning is required within the last three (3) years in the endorsement(s) being sought. Any additional licenses or credentials specific to a particular endorsement are required. Only academic course credits receiving a grade of "B" or better are accepted.

5435.5 Licenses issued under previous rules shall be reinstated at the equivalent level of licensure when all requirements for reinstatement are met.

If the applicant was eligible to move a Level I endorsement to a Level II Professional Educator License at the time the license lapsed, then the license will be reinstated as a Level I, and the applicant will have to apply to move the endorsement to a Level II Professional Educator License before expiration of the reinstated Level I Professional Educator License.

5435.6 Reinstatement of a revoked or suspended license and/or endorsement is subject to provisions in Section 5700 of these rules.

5436 License Extension for Educators Returning from Active Military Service

Pursuant to Act 177 (2014), licensed Educators returning to their educational placements from active service of more than 6 months shall have their license extended for a period of time commensurate with the length of their active service.

A) A license shall be extended for one year if the active service was for more than 6 months but less than 18 months.

B) A license shall be extended for two years if the active service was for more than 18 months but less than 30 months.

C) A license shall be extended for three years if the active service was for more than 30 months but less than 42 months.

D) There shall be no cost for this extension.

E) The Educator shall make the request for the extension and present a copy of discharge orders to confirm the length of active service.

Endorsements.

5441 In order to be valid, each Professional Educator License shall have one or more endorsement.

Each license shall have a code(s) as specified in Section 5445 that indicates the endorsement and instructional level(s) in which the holder is authorized to practice.

5442 Limited Endorsements

Endorsements limited in time, instructional level, or subject area may be issued by the Standards Board or the Office for reasons including but not limited to the applicant's education, background, assessment, and experience. These endorsements shall permit practice in a specialized area within a broader endorsement field or restrict assignment to specific instructional levels or periods of time.

5443 Additional Endorsements

5443.1 The holder of any license who wishes to qualify for an additional endorsement via transcript review shall present evidence of meeting the current knowledge and performance standards, recency of study, and Jurisdiction Specific Requirements of the endorsement. A minimum of eighteen (18) credit hours, or as specified by the endorsement, is required. Only coursework for which the applicant received a grade of "B" or better may be counted toward the requirements for any additional endorsement.

Additional endorsements added to a Level I Professional Educator License shall expire on the same date as the Level I License.

5443.2 An Educator applying for an additional endorsement who has received a recommendation through Peer Review or Transcript Review shall be issued a Level I Professional Educator License. Additional endorsements for which an applicant is eligible under the Interstate Agreement shall be granted as a Level I Professional Educator License.

5443.3 An Educator who holds a Career Technical Educator (17) endorsement, who wants to add another sub-endorsement to their Career Technical Educator License, does not need to go through transcript review. However, the applicant must provide documentation of work experience in that sub-endorsement area. Documented work experience of 6 years (12,000 hours) if an Educator initially held an Apprenticeship License with less than an associate's degree, or the equivalent, or 4 years (8,000 hours) if an Educator held an associate's degree, or the equivalent, when first licensed.

5443.4 Applicants applying for the Transportation CTE Sub-endorsement in Driver and Traffic Safety Education who hold the Vermont Department of Motor Vehicles driver education certification need not have 4 years (8,000 hours) of work experience in driver education or if Educator has an associate's degree or 6 years (12,000 hours) if an Educator has less than an associate's degree in driver education.

5444 Endorsement Standards

The Standards Board shall establish and amend as needed the standards an applicant must meet in order to obtain an endorsement in a specific field of practice.

5445 Endorsements for Vermont Educators

Endorsements may be obtained in the areas beginning on page 58. For the purposes of these rules, the number preceding each endorsement title shall be the code for that endorsement.

5500 CODE OF PROFESSIONAL ETHICS AND RULES OF PROFESSIONAL CONDUCT FOR VERMONT EDUCATORS

Code of Ethics for Professional Educators.

The essential qualities of the competent and caring Educator include moral integrity, humane attitudes, reflective practice, and a sound understanding of academic content and pedagogy. The public vests Educators with trust and responsibility for educating the children of Vermont. We believe that fulfilling this charge requires Educators to demonstrate the highest standards of professional conduct.

We, as professional Educators, respect the dignity and individuality of every human being. We are committed to, and model for our learners, the lifelong pursuit of learning and academic excellence.

We are dedicated to effective scholarly practice, further enhanced by collaboration with colleagues and with those in the greater educational community. Furthermore, we are dedicated to compassionate service on behalf of our learners and their families, and we advocate for them in the school and community settings.

We recognize and accept both the public trust and the magnitude of responsibility inherent in our profession. To this end, we put forth these rules of conduct as the foundation for professional practice for all Vermont Educators to honor and follow.

Model Code of Professional Ethics.

What follows is a statement of fundamental principles which all Vermont Educators should follow, each of which is accompanied by an enumeration of examples of unprofessional conduct which could subject an Educator to licensing action.

5521 Principle I: Responsibility to the Profession

The professional Educator is aware that trust in the profession depends upon a level of professional conduct and responsibility that may be higher than required by law. This entails holding one and other Educators to the same ethical standards.

A) The professional Educator demonstrates responsibility to oneself as an ethical professional by:

Acknowledging that lack of awareness, knowledge, or understanding of the Code is not, in itself, a defense to a charge of unethical conduct;

Knowing and upholding the procedures, policies, laws and regulations relevant to professional practice regardless of personal views;

Holding oneself responsible for ethical conduct;
Monitoring and maintaining sound mental, physical, and emotional health necessary to perform duties and services of any professional assignment; and taking appropriate measures when personal or health- related issues may interfere with work-related duties;
Refraining from professional and personal activity that may lead to reducing one's effectiveness within the school community;
Avoiding the use of one's position for personal gain and avoiding the appearance of impropriety;
Taking responsibility and credit only for work actually performed or produced, and acknowledging the work and contributions made by others.

B) The professional Educator fulfills the obligation to address and attempt to resolve ethical issues by:

Confronting and taking reasonable steps to resolve conflicts between the Code and the implicit or explicit demands of a person or organization;

Maintaining fidelity to the Code by taking proactive steps when having reason to believe that another Educator may be approaching or involved in an ethically compromising situation;

Neither discriminating nor retaliating against a person on the basis of having made an ethical complaint;
Neither filing nor encouraging frivolous ethical complaints solely to harm or retaliate.
Cooperating fully during ethics investigations and proceedings

C) The professional Educator promotes and advances the profession within and beyond the school community by:

Influencing and supporting decisions and actions that positively impact teaching and learning, educational leadership and student services;
Engaging in respectful discourse regarding issues that impact the profession;
Enhancing one's professional effectiveness by staying current with ethical principles and decisions from relevant sources including professional organizations;
Actively participating in educational and professional organizations and associations; and
Advocating for adequate resources and facilities to ensure equitable opportunities for all students.

5522 Principle II: Responsibility for Professional Competence

The professional Educator is committed to the highest levels of professional and ethical practice, including demonstration of the knowledge, skills and dispositions required for professional competence.

A) The professional Educator demonstrates commitment to high standards of practice through:

Incorporating into one's practice state and national standards, including those specific to one's discipline.
Using the Model Code of Educator Ethics and other ethic codes unique to one's discipline to guide and frame educational decision-making;
Advocating for equitable educational opportunities for all students;
Accepting the responsibilities, performing duties and providing services corresponding to the area of certification licensure, and training of one's position.
Reflecting upon and assessing one's professional skills, content knowledge and competency on an ongoing basis; and
Committing to ongoing professional learning.

B) The professional Educator demonstrates responsible use of data, materials, research and assessment by:

Appropriately recognizing others' work by citing data or materials, published, unpublished, or electronic sources when disseminating information;
Using developmentally appropriate assessments for the purposes for which they are intended and for which they have been validated to guide educational decisions;
Conducting research in an ethical and responsible manner with appropriate permission and supervision;
Seeking and using evidence, instructional data, research, and professional knowledge to inform practice;
Creating, maintaining, disseminating, storing, retaining and disposing of records and data relating to one's research and practice, in accordance with district policy, state and federal laws; and
Using data, data sources, or findings accurately and reliably.

C) The professional Educator acts in the best interest of all students by:

Increasing students' access to curriculum, activities, and resources in order to provide a quality and equitable educational experience.
Working to engage the school community to close achievement, opportunity, and attainment gaps; and
Protecting students from any practice that harms or has the potential to harm students.

5523 Principle III: Responsibility to Students

The professional Educator has a primary obligation to treat students with dignity and respect. The professional Educator promotes the health, safety and well-being of students by establishing and maintaining appropriate verbal, physical, emotional and social boundaries.

A) The professional Educator respects the rights and dignity of students by:

Respecting students by taking into account their age, gender, culture, setting and socioeconomic context;

Interacting with students with transparency and in appropriate settings;

Communicating with students in a clear, respectful, and culturally sensitive manner;
Taking into account how appearance and dress can affect one's interactions and relationships with students;
Considering the implication of accepting gifts from or giving gifts to students;
Engaging in physical contact with students only when there is a clearly defined purpose that benefits the student and continually keeps the safety and wellbeing of the student in mind;
Avoiding multiple relationships with students which might impair objectivity and increase the risk of harm to student learning or well-being or decrease Educator effectiveness;
Acknowledging that there are no circumstances that allow for Educators to engage in romantic or sexual relationships with students; and

Considering the ramifications of entering into an adult relationship of any kind with a former student, including but not limited to, any potential harm to the former student, public perception, and the possible impact on the Educator's career. The professional Educator ensures that the adult relationship was not started while the former student was in school.

B) The professional Educator demonstrates an ethic of care through:

Seeking to understand students', educational, academic, personal and social needs as well as students' values, beliefs, and cultural background;
Respecting the dignity, worth, and uniqueness of each individual student including, but not limited to, actual and perceived gender, gender expression, gender identity, civil status, family status, sexual orientation, religion, age, disability, race, ethnicity, socioeconomic status, and culture; and
Establishing and maintaining an environment that promotes the emotional, intellectual, physical, and sexual safety of all students.

C) The professional Educator maintains student trust and confidentiality when interacting with students in a developmentally appropriate manner and within appropriate limits by:

Respecting the privacy of students and the need to hold in confidence certain forms of student communication, documents, or information obtained in the course of professional practice;
Upholding parents'/guardians' legal rights, as well as any legal requirements to reveal information related to legitimate concerns for the well-being of a student; and
Protecting the confidentiality of student records and releasing personal data in accordance with prescribed state and federal laws and local policies.

5524 Principle IV: Responsibility to the School Community

The professional Educator promotes positive relationships and effective interactions, with members of the school community, while maintaining professional boundaries.

A) The professional Educator promotes effective and appropriate relationships with parents/guardians by:

Communicating with parents/guardians in a timely and respectful manner that represents the students' best interests;

Demonstrating a commitment to equality, equity, and inclusion as well as respecting and accommodating diversity among members of the school community;

Considering the implication of accepting gifts from or giving gifts to parents/guardians; and
Maintaining appropriate confidentiality with respect to student information disclosed by or to parents/guardians unless required by law.

B) The professional Educator promotes effective and appropriate relationships with colleagues by:

Respecting colleagues as fellow professionals and maintaining civility when differences arise;
Resolving conflicts, whenever possible, privately and respectfully and in accordance with policy;
Working to ensure a workplace environment that is free from harassment;

Collaborating with colleagues in a manner that supports academic achievement and related goals that promote the best interests of students;

Keeping student safety, education, and health paramount by maintaining and sharing educational records appropriately and objectively in accordance with local policies and state and federal laws;
Enhancing the professional growth and development of new Educators by supporting effective field experiences, mentoring
Ensuring Educators who participate as mentors for new Educators, cooperating teachers, and leadership positions are prepared and supervised to assume these roles; and
Demonstrating a commitment that Educators are assigned to positions in accordance with their educational credentials, preparation and/or training to maximize students' opportunities and achievement;

C) The professional Educator promotes effective and appropriate relationships with the community and other stakeholders by:

Maintaining the highest professional standards of accuracy, honesty, and appropriate disclosure of information when representing the school or district within the community and in public communications;

Advocating for policies and laws benefiting students and families within the school community; and
Collaborating with community agencies, organizations and individuals in order to advance students' best interests.

D) The professional Educator promotes effective and appropriate relationships with employers by:

Exhibiting personal and professional conduct that is in the best interest of the organization, learning community, school community and profession;
Using property, facilities, materials and resources in accordance with local policies and state and federal laws;
Respecting intellectual property rights (e.g., original lesson plans, district level curricula, syllabi, gradebooks) when sharing materials; and
Considering the implications of offering or accepting gifts and/or preferential treatment by vendors or an individual in a position of professional influence or power.

E) The professional Educator understands the problematic nature of multiple relationships by:

Considering the risks that multiple relationships might impair objectivity and increase the likelihood of harm to students' learning and well-being or diminish Educator effectiveness;
Considering the risks and benefits of a professional relationship with someone with whom the Educator has a current or past personal relationship;

Considering the implications and possible ramifications of engaging in a personal or professional relationship with parents and guardians, student teachers, colleagues, and supervisors; and

Ensuring that professional responsibilities to paraprofessionals, student teachers or interns do not interfere with responsibilities to students, their learning, and well-being.

5525 Principle V: Responsible and Ethical Use of Technology

The professional Educator considers the impact of consuming, creating, distributing and communicating information through all technologies. The ethical Educator is vigilant to ensure appropriate boundaries of time, place and role are maintained when using electronic communication.

A) The professional Educator uses technology in a responsible manner by:

Using social media responsibly, transparently, and primarily for purposes of teaching and learning per school and district policy. The professional Educator considers the ramifications of using social media and direct communication via technology on one's interactions with students, colleagues, and the general public;
Staying current with trends and uses of school technology;
Evaluating information obtained electronically for reliability and bias;
Respecting intellectual property rights, copyright and fair use when accessing, using and documenting proprietary materials;
Understanding and abiding by policy and procedures on the use of technology and communication;
Recognizing that some electronic communications are records under the Freedom of Information Act (FOIA) and state public access laws;
Considering the implications of sharing legally protected or other sensitive information electronically either via professional or personal devices/accounts; and
Exercising vigilance in maintaining separate and professional virtual profiles and keeping personal and professional lives distinct.

B) The professional Educator ensures students' safety and well-being when using technology by:

Being vigilant in identifying, addressing and reporting (when appropriate and in accordance with local district, state, and federal policy) inappropriate and illegal materials/images in electronic or other forms;
Respecting the privacy of students' presence on social media unless given consent to view such information or if there is a possibility of evidence of a risk of harm to the student or others; and
Being attentive to (and appropriately reporting) information concerning possible cyber bullying incidents and their potential impact on the student learning environment.

C) The professional Educator maintains confidentiality in the use of technology by:

Taking appropriate and reasonable measures to maintain confidentiality of privileged information and stored or transmitted educational records;

Understanding the intent of Family Educational Rights to Privacy Act (FERPA) and how it applies to sharing student records electronically;

Ensuring the rights of third parties, including the right of privacy, are not violated via the use of technology; and
Protecting information from being shared with unintended third parties through technology.

D) The professional Educator promotes the appropriate use of technology in educational settings by:

Advocating for equal and equitable access to technology for all students;
Promoting the benefits and clarifying the limitations of various appropriate technological applications with colleagues, appropriate school personnel, parents and community members;
Promoting technological applications that assist and enhance the teaching and learning process; and
Practicing and advocating for cybersecurity to protect oneself, others and the integrity of the network.

Application Notes:

The foregoing Code of Professional Ethics is adopted in accordance with 16 V.S.A. § 1694(5).

Nothing in these Rules can, or is intended to, vary the definition of "unprofessional conduct" which is contained in 16 V.S.A. § 1698. Rather, these Rules enumerate a non-exclusive list of conduct which, if proven in a particular case, might constitute unprofessional conduct.

5600 ADMINISTRATIVE BODIES

The Vermont Standards Board for Professional Educators (Standards Board).

5610.1 Employment Status Change

Members whose employment status changes during their term on the board shall remain on the Standards Board for the duration of their appointed term.

5610.2 Allowable Expenses

Standards Board members shall be eligible for reimbursement by the Vermont Agency of Education for allowable expenses as defined by 32 V.S.A. § 1010. Institutions which employ Educator members shall be reimbursed for the cost of substitutes. Members of the Standards Board shall receive a per diem in addition to their expenses.

5610.3 Policy Agenda and Annual Report

The Standards Board may develop an annual policy agenda in consultation with the Secretary and the State Board of Education which includes ongoing work and new issues for study.

The Standards Board may submit an annual report to the Secretary and the State Board of Education.

5610.4 Duties

The duties of the Standards Board, in addition to those duties specified in 16 V.S.A. Chapter 51, include:

defining high quality, practical professional learning that includes, but is not limited to, linking school practitioners and higher education;
examining issues in Educator preparation, licensure, and relicensure;

developing relicensing policies and procedures for the Office and local and regional standards boards;

approving local and regional standards boards' plans of operation and amendments to the plans;

monitoring, promoting, and supporting the effective operations of the local and regional standards boards and local and regional relicensing procedures.

Local Standards Board (LSB).

5621 Establishment and Maintenance

5621.1 A local standards board shall be established and maintained for each supervisory unions/districts and the Community High School of Vermont.

5621.2 Educational entities, other than supervisory union/districts, that employ licensed Educators may establish a local standards board, or a collaborative board, subject to approval by the Standards Board. Such boards shall be subject to all conditions that apply to local standards boards in supervisory unions/districts.

5621.3 Each supervisory union/district, through its superintendent, shall be responsible for facilitating and supporting the local standards board development and operation.

5621.4 Educational entities other than supervisory unions/districts that choose to have a local standards board shall designate a person to be responsible for facilitating and supporting the development and operation of the board.

5622 Primary Purpose

A local standards board shall be established and maintained for the primary purpose of recommending teachers for relicensure. Such recommendations shall be based on the following: verified professional learning activities, these rules herein, standards defined by the Standards Board, and procedures set forth in a local plan of operation that has been approved by the Standards Board. Current teachers who also hold administrator endorsements shall renew those endorsements through the local standards board.

5623 Membership

Membership of the LSB shall be composed of not less than five licensed Educators. At least a majority of the membership shall be licensed teachers selected by licensed teachers.

5624 Plan of Operation

5624.1 Each local standards board shall follow the VSBPE plan for operation according to guidelines, policies, and procedures.

5624.2 The plan of operation shall indicate that an annual report will be submitted to the Standards Board or the Office on or before a date to be determined by the Standards Board or the Office.

5624.3 The plan of operation shall be subject to approval by the Standards Board or the Office.

5624.4 The plan of operation may be amended according to procedures defined in said plan. All amendments shall be subject to approval by the Standards Board or the Office.

5625 Reciprocity of Professional Learning

Verified professional learning has reciprocity across local standards boards and with the Office.

5626 Transfers

Educators transferring from one Vermont supervisory union/district, or other educational entity with a local standards board, to another shall be responsible for transferring their professional learning records to the new local or regional standards board within six (6) months of employment.

5627 Volunteer Service

For the purposes of 1 V.S.A. § 310(3), a local standards board is an administrative body and is not a board, council or commission, nor a committee or subcommittee of a board, council or commission of a political subdivision of the state. Further, for the purposes of 3 V.S.A. § 1101(b)(4), a member of a local standards board is a volunteer for the Standards Board and provides services at the request of and under the direction and control of the Standards Board.

Regional Standards Board (RSB).

5631 Establishment and Maintenance

A regional standards board shall be established and maintained in each of the five (5) regions in the state. Unless otherwise determined by the Standards Board or the Office, the five regions shall be those that correspond to the existing Superintendent regions.

Supervisory unions/districts in each region, through their superintendents, shall be responsible for facilitating and supporting the regional standards board development and operation.

5632 Primary Purpose

A regional standards board shall be established and maintained for the primary purpose of recommending administrators for relicensure. Such recommendations shall be based on the following: verified professional learning activities, these rules herein, standards defined by the Standards Board, and procedures set forth in a regional plan of operation that has been approved by the Standards Board.

Current administrators who also hold endorsements in fields other than administration shall renew those endorsements through the regional standards board.

5633 Determination of Administrator Status

For relicensing purposes, an Educator shall be considered an administrator and utilize the services of a regional standards board when the majority of employed time in a school, school district, or supervisory union is devoted to direct responsibility for the evaluation and discipline of personnel, the development and management of the curriculum of the school, or supervision or internal management of a school system or school program. When a question arises as to the appropriate standards board to handle an Educator relicensing request, the endorsement under which the Educator practices for the majority of the time shall determine the appropriate board.

5634 Membership

The membership of a regional standards board shall include a majority of licensed administrators.

5635 Plan of Operation

5635.1 Each regional board shall follow the Vermont Standards Board for Professional Educators plan for operation according to guidelines, policies, and procedures established by the Standards Board.

5635.2 The plan of operation shall provide that an annual report will be submitted to the Standards Board or the Office on or before a date to be determined by the Standards Board or the Office.

5635.3 The plan of operation shall be subject to approval by the Standards Board or the Office.

5635.4 The plan of operation may be amended according to procedures defined in said plan. All amendments shall be subject to approval by the Standards Board or the Office.

5636 Reciprocity of Professional Learning

Verified professional learning has reciprocity across regional standards boards and with the Office.

5637 Transfers

Administrators transferring from one supervisory union/district, or other educational entity with a regional standards board, to another shall be responsible for transferring their professional learning records to the new regional standards board within six (6) months of employment.

5638 Volunteer Service

For the purposes of 1 V.S.A. § 310(3), a regional standards board is an administrative body and is not a board, council or commission, nor a committee or subcommittee of a board, council or commission, of a political subdivision of the state. Further, for the purposes of 3 V.S.A. § 1101(b) (4), a member of a regional standards board is a volunteer for the Standards Board and provides services at the request of and under the direction and control of the Standards Board.

5700 LICENSE SURRENDER, NEGOTIATED SETTLEMENT, REINSTATEMENT AFTER SUSPENSION OR REVOCATION, REPRIMANDS, AND POSTING OF LICENSING ACTIONS

Requirements for Reinstatement/Re-application after Suspension or Revocation.

A) In addition to the requirements of Sections 5430 through 5435.6, a license or endorsement that has been suspended or revoked may be reinstated or reapplication granted if:

i. the period of the suspension has passed and any and all conditions that may have been placed on reinstatement/re-application have been satisfied.

ii. the Educator whose license has been revoked demonstrates, by clear and convincing evidence, that he/she has been rehabilitated.

B) A license or endorsement, including one that is limited in time, level or scope may be issued subject to terms deemed necessary for ensuring compliance with licensing requirements and professional standards if the license has been suspended or revoked.

5711 Negotiated Settlement

A negotiated settlement of a licensing action may be entered into between the Educator and the Secretary at any stage of the investigation or proceedings.

5712 Surrender of License

At any stage of investigation or proceedings, an Educator may surrender a license or endorsement. A surrendered license or endorsement shall be considered to have the same force and effect as a revocation and any re-application or request for reinstatement shall be dealt with in accordance with Section 5710 of these rules.

5713 Private Reprimands

The existence of a private reprimand and the grounds for the reprimand shall be public information within the meaning of 1 V.S.A. § 317 et seq. but the identity of the Licensee, including any information that would lead to the identification of the Licensee, shall be confidential.

5714 Public Reprimands

The existence of a public reprimand shall be public information within the meaning of 1 V.S.A. § 317 et seq. and the details of the reprimand itself shall be subject to disclosure.

5715 Posting of Licensing Actions on Agency Website

All private reprimands shall be reported on the Agency of Education website and shall include only the grounds for such disciplinary action, absent any information that would lead to the identification of the Licensee.

All public reprimands, suspensions and revocations shall be reported on the Agency of Education website and shall include:

A. Name of Licensee;

B. Business address at time of action;

C. School where incident occurred or where licensee was employed;

D. License type/endorsement(s);

E. Grounds;

F. Disciplinary Action; and

G. Date of Action.

5800 ADMINISTRATIVE PROVISIONS

Access to License Records.

Any person, who makes a request for information shall be informed of the license status of any individual subject to licensure. All other access to licensing records shall be in accordance with the provisions of 1 V.S.A. § 315 - 320 and 16 V.S.A. § 1708. Public records and documents, as that term is defined in 1 V.S.A. § 315, shall be made available to the public upon request unless the information is otherwise exempt from disclosure under 1 V.S.A. § 317. This includes public records or documents relating to the final disposition of disciplinary complaints that result from the filing of disciplinary charges by the Secretary. The suspension or revocation of a license shall be reported to the National Association of State Directors of Teacher Education and Certification (NASDTEC) after the period of time for appeal has expired except as provided otherwise. Access to licensing records by Agency employees is limited to those with work-related needs.

5900 AUTHORITY TO RECOMMEND FOR LICENSURE

Approval Process Statement of Purpose.

Approval by the Standards Board authorizes an institution or educational organization to recommend a person who satisfactorily completes the approved program as eligible for licensure and/or endorsement.

The institution or educational organization's recommendation of a candidate for licensure and/or endorsement shall be indicated by a statement on the candidate's transcript, a method approved by the Standards Board, or the Office indicating that the candidate is being recommended for licensure and/or endorsement by the program provider and shall indicate the endorsement title, sub-endorsement title, if any, and grade levels of the recommendation.

5911 Approval includes evaluation of two distinct types of portfolios developed through guidelines adopted by the Standards Board:

5911.1 The institution or educational organization shall complete a self-study resulting in the preparation of an Institutional Portfolio, a program assessment and planning report that documents the effectiveness of the program provider at assuring that it recommends qualified Educators details plans for continuous improvement, and describes meeting current and evolving standards of best practice in Educator preparation.

5911.2 An individual Level I Licensure Portfolio using the Vermont Licensure Portfolio (VLP) shall be maintained by each candidate seeking initial licensure and contain appropriate and sufficient documentation of the individual's competence.

Approval Criteria.

5921 The institution or educational organization must demonstrate that its administrative procedures for operating and maintaining approved programs ensure:

5921.1 Consistency with licensing rules, current Vermont education rules and statute (for example, Act 77 initiatives and Education Quality Standards), the Core Teaching and Leadership Standards for Vermont Educators, requirements for endorsements, and the program approval granted by the Standards Board;

5921.2 Accurate and timely maintenance and transmittal of transcripts and other records;

5921.3 Advance notification to the Office of any substantive change affecting an approved program or administrative procedures;

5921.4 A program that meets the requirements of Sections 5922 and 5923 of these rules.

5922 In order to have the authority to recommend for teacher licensure or endorsement, a provider must:

5922.1 Ensure that candidates have the necessary content and pedagogical knowledge to help all students learn and create learning experiences that make the content area accessible and meaningful for learners;

5922.2 Use valid and reliable methods to systematically evaluate candidates' knowledge and performance competencies, monitor candidates' progress, and acquire data that is used in making programmatic improvements. This includes follow-up studies of graduates and those who have hired recent graduates;

5922.3 Ensure high-quality field experiences in which candidates demonstrate effective teaching and take responsibility for student learning;

5922.4 Ensure that programs and candidates have the resources to meet current Vermont education rules and statute (for example, Act 77 initiatives and Education Quality Standards), Vermont's Core Teaching and/or Core Leadership Standards, and endorsement requirements.

5922.5 Ensure that candidates understand and demonstrate professional responsibility as it relates to issues of equity and inclusion.

5923 In order to have the authority to recommend for administrator licensure or endorsement, a provider must:

5923.1 Ensure that candidates have the necessary content and pedagogical knowledge as detailed in Vermont's Core Leadership Standards and current Vermont education rules and statute;

5923.2 Use valid and reliable methods to systematically evaluate candidates' knowledge and performance competencies, monitor candidates' progress, and acquire data that is used in making programmatic improvements. This includes follow-up studies of graduates and those who have hired recent graduates;

5923.3 Ensure high-quality field experiences in which candidates demonstrate effective leadership and take responsibility for student learning;

5923.4 Ensure that programs and candidates have the resources to meet current Vermont education rules and statute (for example, Act 77 initiatives and Education Quality Standards), Vermont's Core Leadership Standards, and endorsement requirements.

5923.5 Candidates create welcoming and equitable school environments that are inclusive of all students, school personnel, families, and community members.

Student Teaching Requirements.

5924.1 Except as otherwise provided, all candidates for student teaching shall meet the following qualifications:

A. academic competence as attested by an overall 3.0 grade point average (on a 4-point scale) and a 3.0 grade point average in the field of major studies as defined by the institution or written certification of intellectual competence by an academic dean; institutions that use alternate grading systems have the responsibility of demonstrating how their assessment is commensurate to a 3.0 grade point average.

B. through related coursework, completion of a minimum of sixty (60) hours of supervised field experience (i.e. practicum), that need not be consecutive and may accumulate to sixty (60) hours.

5924.2 The placement of student teachers is the responsibility of the teacher preparation program and shall meet the following requirements:

A) a minimum of thirteen (13) consecutive weeks of supervised, concentrated field experience required for initial licensure (e.g., student teaching, internship, or other concentrated field experience however named) in which the candidate shall gradually assume the full professional roles and responsibilities of an Educator in the initial endorsement area sought;

B) the assignment shall be with a licensed Educator in an appropriate setting as determined by the school district and Educator preparation program.

C) Exceptions shall be documented and submitted to the Standards Board or the Office for approval; a written agreement with the school in which the student teacher is placed outlines the responsibilities of each party;

D) cooperating Educators have been trained by the teacher preparation program in the strategies and methods being taught in the Educator preparation program;

E) the placement process and student teacher expectations are incorporated in a student teaching handbook.

5924.3 The supervision and evaluation of student teachers by the teacher preparation program's faculty shall meet the following requirements:

A) supervision shall be provided by qualified faculty from the teacher preparation program's staff including adjunct faculty. An individual shall not serve simultaneously as the cooperating Educator and the supervisor from the institution's faculty;

B) the teacher preparation program's supervisors shall observe and advise the student teacher at least once every ten (10) teaching days;

C) the teacher preparation programs supervisors shall not be assigned more student teachers than can be adequately supervised and supported;

D) a specific student teaching evaluation process shall be detailed in the student teaching handbook, including collection of data on the candidate's performance, a process for feedback to the candidate, and use of the data to provide additional assistance.

5924.4 The supervision and evaluation of school counselors by the counseling preparation program's faculty shall comply with VSBPE policy on supervision and meet the following requirements:

A) supervision shall be provided by qualified faculty from the counseling preparation program's staff including adjunct faculty. An individual shall not serve simultaneously as the cooperating Educator and the supervisor from the institution's faculty;

B) the counseling preparation program's supervisors shall advise the counseling intern at least once every ten (10) teaching days;

C) the counseling preparation program's supervisors shall not be assigned more counseling interns than can be adequately supervised and supported;

D) a specific counseling candidate evaluation process shall be detailed in a handbook, including collection of data on the candidate's performance, a process for feedback to the candidate, and use of the data to provide additional assistance.

5924.5 The supervision and evaluation of school psychologist candidates by the school psychology preparation program's faculty shall comply with VSBPE policy on supervision and meet the following requirements

A. supervision shall be provided by qualified faculty from the school psychologist preparation program's staff including adjunct faculty, as defined by NASP Standards for Graduate Preparation of School Psychologists. An individual shall not serve simultaneously as the cooperating Educator and the supervisor from the institution's faculty;

B. the school psychologist preparation program's supervisors shall provide weekly, individual, face-to-face field-based supervision with structured mentoring focused on the intern's attainment of competencies. Field-based internship supervision must additionally meet an average of at least 2 hours of supervision per full-time week or the equivalent for part-time placement

C. the school psychologist preparation program's supervisors shall not be assigned more school psychologist interns than can be adequately supervised and supported;

D. specific competency outcomes are clearly articulated for each field experience, and program documents reflect supervision and evaluation of candidate learning outcomes relevant to particular courses, all NASP domains of school psychology practice, and field experiences in a systematic manner;

E. multiple measures of data are used to ensure candidates demonstrate the knowledge and skills needed for effective school psychology service delivery; the ability to integrate competencies across the NASP domains of school psychology practice; and direct, measurable effects on children and youth, families, schools, and other consumers.

5924.6 To successfully complete a student teaching, school counseling placement, a candidate shall achieve at least a grade of "B." Prior to issuing a candidate's grade, the Educator preparation program shall consider the evaluation by the cooperating Educator. Institutions that use alternate grading systems have the responsibility of demonstrating how their assessment is commensurate to a "B."

5924.7 To earn a recommendation from an education preparation program, upon completion of the program a candidate shall achieve an overall 3.0 grade point average and 3.0 grade point average in the field of major study as defined by the institution.

Review Process for Program Approval.

5931 All licensure programs must be approved by the Standards Board in order to recommend for licensure or endorsement. Unless otherwise specified by the Standards Board, program approval shall be for seven (7) years. Approval shall continue until such time as the Standards Board acts otherwise.

5932 An institution or educational organization that wishes to initiate, add, or reactivate an Educator preparation program that is not currently approved shall submit in advance a written request for approval to the Standards Board. Approval of new or reactivated programs shall be limited to a two-year conditional approval. An institution or educational organization that wishes to revise an approved program to meet new standards shall follow the above procedure.

5933 An institution or educational organization shall notify the Standards Board in advance if it intends to significantly alter or discontinue a currently approved program.

5934 Each review shall include an evaluation by a review team appointed by the Standards Board. The review team shall:

5934.1 Include, but not be limited to: one member of the Standards Board, one Educator preparation professional, and two at-large members. The Standards Board, at its discretion, may alter the composition of the team. The review team chair shall be appointed by the Standards Board;

5934.2 Conduct both off-site and on-site evaluation that includes review of the Institutional Portfolio and individual Level I Teaching Licensure Portfolios using the Vermont Licensure Portfolio (VLP). At the conclusion of the evaluation, a summary of the off-site and on-site review team's evaluation shall be presented in an Exit Report with the institution's president and/or designees.

Reports and Responses.

5936.1 The review team shall submit a written draft report of its findings that include commendations and recommendations to the institution. The institution may respond to any factual error(s).

5936.2 The review team shall submit a written final report to the Chair of the Standards Board. The report shall be sent to the president of the institution or educational organization. The report shall include a recommendation for action by the Standards Board.

5936.3 The institution or educational organization shall submit a written response to the Chair of the Standards Board regarding the contents of the report. The response shall include plans to address the stipulations and concerns specified in the report of the review team.

5936.4 The Chair of the Standards Board shall schedule a meeting of the Standards Board, or committee thereof, at which the chair or designee of the review team shall present the report. Before the Standards Board takes action, the institution or educational organization shall receive notice and be offered an opportunity for a hearing.

5936.5 The Standards Board shall establish time frames for reports and responses.

Action by the Vermont Standards Board for Professional Educators.

5941 Action by the Standards Board shall be on a program by program basis. However, a finding that an institution or educational organization's administrative procedures for operating and maintaining approved programs are insufficient shall apply to all programs at that institution.

5941.1 After review of each Educator preparation program offered or proposed by a program provider, the Standards Board may take one of the following actions:

A. grant full approval;

B. grant conditional approval for a specified time period;

C. grant provisional approval; or

D. deny approval.

5941.2 Notwithstanding Section 5931 of these rules, approval of all proposed new programs shall be limited to provisional approval.

5942 Action Subsequent to Full or Conditional Program Approval

5942.1 Follow-up Review of Approved Programs

A. notwithstanding Section 5931, the Standards Board may review any approved program during its approval period when there is concern about its continued compliance with program approval requirements;

B. notwithstanding Section 5931, the Standards Board may review programs with conditional approval at any time during the conditional approval period when there is concern about its continued compliance with program approval requirements;

C. follow-up review by the Standards Board may be based on written documentation submitted by the institution and may include a report submitted by one or more individuals assigned by the Standards Board to review the program(s) in question. The review may also include an on- site evaluation.

5942.2 After a follow-up review, the Standards Board may find that:

A. a program that meets requirements shall remain fully approved or a conditionally approved program that has satisfied conditions shall be granted full approval until the next scheduled approval review;

B. a program that does not meet the requirements of its approval may have its approval suspended, revoked, or continued for a specified time period with conditions attached.

5942.3 Before the Standards Board takes action, the institution or educational organization shall receive notice and be offered an opportunity for a hearing.

VSBPE Waiver Rule.

5951 The VSBPE or Office may consider waiving its established rules under the following circumstances:

A. When strict application and/or enforcement of the existing VSBPE rules would create an unintended consequence, the result of which would be contrary to the intent of the VSBPE's rules as a whole; or

B. When strict application and/or enforcement of the VSBPE's existing rules would create an undue hardship for a licensee, an applicant, an Educator preparation program, or a school district.

5952 The VSBPE or Office shall only waive its rules under extraordinary circumstances and under circumstances in which the interests of all affected learners are protected. In considering a waiver request, the decision of the VSBPE shall be final. This rule shall not apply to the consideration of particular waiver requests which are currently or may be in the future, covered by separate and more specific rules regarding waivers (such as any such rule pertaining to Praxis testing). Waiver requests approved by the Office will be documented in the Staff Report and submitted to the VSBPE at the next scheduled Board meeting.

5440 LICENSING ENDORSEMENTS

ADMINISTRATOR ENDORSEMENTS

| Name | Endorsement # | Page # | | --- | --- | --- | | Assistant Director for Adult Education | 20 | 58 | | Career Technical Center Director | 92 | 59 | | Director of Curriculum | 93 | 60 | | Director of Special Education | 86 | 61 | | Principal | 91 | 62 | | Superintendent | 90 | 63 | | Supervisor | 75 | 63 |

5440-20. Assistant Director for Adult Education.

The holder is authorized to design, implement, and administer educational and employment and training programs for adults in Vermont's career and technical centers.

1 In order to qualify for any Vermont administrator endorsement, the candidate shall demonstrate competencies in Core Leadership Standards for Vermont Educators through experiences and expertise as evidenced below:

1.1 Master's Degree

1.2 Leadership coursework

1.3 Coursework required for the specific administrator license

1.4 Knowledge and application of school law, state regulations, and school board process to develop policies

1.5 Leadership experience evidenced by documentation of 300 hours of supervised field experience that shows competency in the Core Leadership Standards through evidence aligned to each of the Professional Standards for Educational Leaders.

2 To add this endorsement as an additional administrator endorsement, a 60-hour practicum is required when 60 hours of professional experience in the endorsement area is not documented

ETS Test Code 6990 is required for all Educators seeking any administrator endorsement unless they have completed a post-Baccalaureate degree in educational leadership, completed a ROPA-approved teacher leadership program, or hold a current administrator endorsement.

4 In order to qualify for an Assistant Director for Adult Education endorsement, the candidate shall also demonstrate the following:

4.1 Three (3) or more years of experience in workforce development/training (e.g., human resources, employee training and development, career technical education or counseling, management of a post-secondary continuing education program)

4.2 Principles of adult learning and knowledge of local, regional, state, and federal resources available to adult learners

4.3. The ability to conduct work force and community needs assessments (e.g., identify individual training needs for personal and/or professional growth, identify community needs)

5440-92. Career Technical Center Director.

The holder is authorized to serve as Director of a Career Technical Center. An Educator serving as Assistant Career Technical Center Director, however named, shall hold a Career Technical Center Director endorsement.

In order to qualify for any Vermont administrator endorsement, the candidate shall demonstrate competencies in Core Leadership Standards for Vermont Educators through experiences and expertise as evidenced below:

1.1. Master's Degree

1.2. Leadership coursework

1.3. Coursework required for the specific administrator license

1.4. Knowledge and application of school law, state regulations, and school board process to develop policies

1.5. Leadership experience evidenced by documentation of 300 hours of supervised field experience that shows competency in the Core Leadership Standards through evidence aligned to each of the Professional Standards for Educational Leaders.

To add this endorsement as an additional administrator endorsement, a 60-hour practicum is required when 60 hours of professional experience in the endorsement area is not documented.
ETS Test Code: 6990; is required for all Educators seeking any administrator endorsement unless they have completed a post-Baccalaureate degree in educational leadership, completed a ROPA-approved teacher leadership program, or hold a current administrator endorsement.
In order to qualify for a Career Technical Center Director endorsement, the candidate shall also demonstrate the following:

4.1. Three (3) or more years of experience in PK-16, career technical education, or teaching or workforce development/training (e.g., training management in business or industry, vocational training or counseling, management of a post-secondary continuing education program)

4.2. Two (2) or more years of employment experience in a career cluster, or the equivalent in documented experience, working collaboratively with business and industry regarding matters of career and workforce development (e.g., serving on a chamber of commerce, or as a Workforce Investment Board member) not included in 4.1 above

Knowledge of local, state and federal laws related to Career Technical Education, labor, and industry

5440-93. Director of Curriculum.

The holder is authorized to coordinate the curriculum, instruction, assessment, and professional learning activities of a school district or supervisory union.

In order to qualify for any Vermont administrator endorsement, the candidate shall demonstrate competencies in Core Leadership Standards for Vermont Educators through experiences and expertise as evidenced below:

1.1. Master's Degree

1.2. Leadership coursework

1.3. Coursework required for the specific administrator license

1.4. Knowledge and application of school law, state regulations, and school board process to develop policies

To add this endorsement as an additional administrator endorsement, a 60-hour practicum is required when 60 hours of professional experience in the endorsement area is not documented
ETS Test Code 6990 is required for all Educators seeking any administrator endorsement unless they have completed a post-Baccalaureate degree in educational leadership, completed a ROPA-approved teacher leadership program, or hold a current administrator endorsement
In order to qualify for a Director of Curriculum endorsement, the candidate shall also demonstrate the following:

4.1. Three or more years of PK-12 teaching experience

4.2. Advance study and experiences in curriculum instruction and assessment.

5440-86. Director of Special Education.

The holder is authorized to provide, administer, supervise and evaluate special education programs and services, and to coordinate them with regular education programs, home-based services, and community-based services for students with disabilities. An Educator serving as an Assistant Director of Special Education, however named, shall hold a Director of Special Education endorsement.

In order to qualify for any Vermont administrator endorsement, the candidate shall demonstrate competencies in Core Leadership Standards for Vermont Educators through experiences and expertise as evidenced below:

1.1. Master's Degree

1.2. Leadership coursework

1.3. Coursework required for the specific administrator license

1.4. Knowledge and application of school law, state regulations, and school board process to develop policies

To add this endorsement as an additional administrator endorsement, a 60-hour practicum is required when 60 hours of professional experience in the endorsement area is not documented.
ETS Test Code 6990 is required for all Educators seeking any administrator endorsement unless they have completed a post-Baccalaureate degree in educational leadership, completed a ROPA-approved teacher leadership program, or hold a current administrator endorsement.
In order to qualify for a Director of Special Education endorsement the candidate shall also demonstrate the following:

4.1. Three or more years of experience as a licensed special educator, educational speech language pathologist, school psychologist, school counselor, reading coordinator/specialist, principal, or superintendent

4.2. In-depth knowledge of local, state and federal laws and regulations concerning the education of students with disabilities

4.3. The ability to lead, develop, administer, and evaluate programs and services for students with disabilities including: screening; assessment; eligibility determination; development of IEPs; facilitation, development and adaptation of educational materials, curricula, and instructional strategies; evaluation of student progress; and inclusion of students with disabilities into the regular classroom setting

4.4. Knowledge of school law, state regulations, and school board process to develop policies, special education law

5440-91. Principal.

The holder is authorized to serve as a School Principal. An Educator serving as an Assistant Principal, however named, shall hold a Principal endorsement.

In order to qualify for any Vermont administrator endorsement, the candidate shall demonstrate competencies in Core Leadership Standards for Vermont Educators through experiences and expertise as evidenced below:

1.1. Master's Degree

1.2. Leadership coursework

1.3. Coursework required for the specific administrator license

1.4. Knowledge and application of school law, state regulations, and school board process to develop policies

To add this endorsement as an additional administrator endorsement, a 60-hour practicum is required when 60 hours of professional experience in the endorsement area is not documented.
ETS Test Code 6990 is required for all Educators seeking any administrator endorsement unless they have completed a post-Baccalaureate degree in educational leadership, completed a ROPA-approved teacher leadership program, or hold a current administrator endorsement
In order to qualify for a Principal endorsement, the candidate shall also demonstrate the following:

4.1. Three or more years of PK-12 teaching experience as a licensed educator

5440-90. Superintendent.

The holder is authorized to serve as the chief executive officer of a school district. An Educator serving as an Assistant Superintendent, however named, shall hold a Superintendent endorsement.

In order to qualify for any Vermont administrator endorsement, the candidate shall demonstrate competencies in Core Leadership Standards for Vermont Educators through experiences and expertise as evidenced below:

1.1. Master's Degree

1.2. Leadership coursework

1.3. Coursework required for the specific administrator license

1.4. Knowledge and application of school law, state regulations, and school board process to develop policies

ETS Test Code 6990 is required for all Educators seeking any administrator endorsement unless they have completed a post-Baccalaureate degree in educational leadership, completed a ROPA-approved teacher leadership program, or hold a current administrator endorsement.
In order to qualify for a Superintendent endorsement, the candidate shall also demonstrate the following:

3.1 Six or more years of experience including:

3.3.1 Three or more years of PK-12 teaching experience as a licensed educator, and

3.3.2 Three or more years of educational administration experience as a licensed administrator.

(75) Supervisor

The holder is authorized to supervise and evaluate instructional personnel and/or programs within the supervisor's specific area(s) of expertise.

Educators with a supervisor endorsement can retain, renew, and reinstate this endorsement. No new supervisor endorsements will be issued (effective August 2, 2013).

TEACHING ENDORSEMENTS

| Endorsement Description | Endorsement # | Page # | | --- | --- | --- | | Art | 02 | 67 | | Associate School Nurse | 65A | 184 | | Bilingual Education | 39 | 69 | | Business Education | 03 | 71 | | Career Technical Education | 17 | 73 | | Career Technical Education School Counseling Coordinator | 73 | 75 | | Career Technical Education Special Needs Coordinator | 87 | 82 | | Computer Science Educator | 14 | 86 | | Dance | 38 | 89 | | Design and Technology Education | 10 | 91 | | Driver and Traffic Safety Education | 30 | 94 | | Early Childhood Education | 36 | 96 | | Early Childhood Special Educator | 80 | 99 | | Educational Speech Language Pathologist | 84 | 105 | | Educational Technology Specialist | 42 | 107 | | Elementary Education | 00 | 109 | | English | 05 | 117 | | Multilingual Learner | 40 | 154 | | Family and Consumer Sciences | 09 | 121 | | Health Education | 31 | 123 | | Intensive Special Education Teacher | 81 | 126 | | Junior ROTC Instructor | 16 | 132 | | Mathematics | 11 | 133 | | Math Specialist | 72 | 136 | | Middle Grades | 19 | 139 | | Middle Grades: English | 19A | 142 | | Middle Grades: Mathematics | 19B | 145 | | Middle Grades: Science | 19C | 148 | | Middle Grades: Social Studies | 19D | 150 | | Modern and Classical Languages | 06 | 152 | | Music | 12 | 158 | | Online Teaching Specialist | 25 | 160 | | Physical Education | 08 | 162 | | Reading/English Language Arts Coordinator | 78 | 165 | | Reading/English Language Arts Specialist | 76 | 167 | | School Counselor | 64 | 172 | | School Librarian | 61 | 176 | | School Nurse | 65 | 180 | | School Psychologist | 66 | 188 | | School Social Worker | 54 | 191 | | Science | 13 | 193 | | Social Studies | 15 | 196 | | Special Education Consulting Teacher | 85 | 198 | | Special Educator | 82 | 201 | | Specialized Literacy Professional | 79 | 205 | | Teacher of the Deaf and Hard of Hearing | 68 | 212 | | Teacher of the Visually Impaired | 67 | 216 | | Theatre Arts | 37 | 220 | | Work Based Learning Coordinator | 60 | 222 |

5440-02. Art.

(Revised June 2018)

The holder is authorized to teach art and design in grades PK-8, 5-12, or PK-12, based on practicum and student teaching experience. Revised March 2018.

In order to qualify for this endorsement, the candidate shall demonstrate the following:

Knowledge Standards:

1.1. Demonstrates knowledge of art, design and art education concepts and skills delineated in current National Art Education Association professional standards and National Core Arts Standards including:

1.2. The processes and stages of artistic and aesthetic development

1.3. Understanding philosophical and ethical issues related to the visual arts, recognizing that art and design can be approached from a variety of contexts such as political, social, historical, societal, and cultural

1.4. Art and design as a mode of communication and a source of creative personal realization

1.5. Philosophies and methods of art and design including historical, contemporary and innovative practices

1.6. Principles, purposes, and design of assessments in the visual arts, including the current concepts and mandates

1.7. Artistic practices of creating, presenting, connecting and responding

1.8. Depth of study in one or more of the visual and/or design arts as demonstrated by presentation and exhibition of one's work

1.9. Breadth of study in a variety of art and design media and materials

Performance Standards:

Implements a visual arts curriculum that enables students to become artistically literate citizens. Specifically, the educator:

2.1. Fosters an environment where artistic risk-taking, self-exploration, collaboration, discovery, experimentation, problem solving, and reflection can take place

2.2. Utilizes a variety of resources, materials, and technologies, that support students

2.3. Models and develops artistic visual literacy and process through content and context to build students' capacity to create describe, respond and connect to works of art

2.4. Creates opportunities for students to embrace diversity of peoples, philosophies and cultural histories

2.5. Develop a repertoire of assessment strategies consistent with instructional goals, teaching methods and individual student needs

2.6. Reflect on their teaching practice to extend their knowledge, improve their teaching, and refine their evolving philosophy of education

2.7. Makes adaptations and differentiates to ensure full access to the discipline

2.8. Collaborates and forms interdisciplinary connections within the school and community

2.9. Exposes students to art and design related careers

2.10. Advocates for a rich visual arts and design education for all students. For example, through collaboration, evidence-based practices, participation in professional organizations visibly within the community

2.11. Coordinates and plans presentations of student learning in the arts

2.12. Incorporates the transferable skills into instruction, curriculum and assessment including communication, collaboration, creativity, innovation, inquiry, problem solving and the use of technology

A major in art or design, or the equivalent with foundational course of study in art that reflects depth and breadth of artistic study in undergraduate and/or graduate coursework
A minimum of a practicum, or the equivalent, in art education at the elementary (PK-8) or middle/secondary (5-12) instructional level, depending on the authorization sought. For the full PK-12 authorization, a minimum of a practicum, or the equivalent, in art education at both the PK-8 and 5-12 instructional levels is required.
REQUIRED TESTING: Praxis II Art: Content and Analysis - Test Code 5135.

5440-39. Bilingual Education.

(Revised June 2018)

The holder is authorized to teach students who are English Language Learners (ELLs) and/or native speakers of English, in a language other than English, as well as in English at the PK-12 level. This endorsement is an add-on endorsement only and is limited to holders of endorsements in early childhood, elementary education, middle grades, special education, English Language Learners, science, social studies, mathematics, or English language arts. The holder's language(s) of concentration and instructional level shall be indicated on the endorsement.

In order to qualify for this endorsement, the candidate shall demonstrate the following:

Knowledge Standards:

1.1. Measurable academic language proficiency in English and a second language including listening, speaking, reading and writing skills.

1.2. Knowledge of how race, culture and the acculturation process impact student's perceptions, learning styles, and affective needs at different age (developmental) levels;

1.3. Knowledge of the special problems and unique qualities for bilingual-multicultural education, including a respect for cultural diversity and a special sensitivity to the development of self-concept and special needs of children of different cultures, as well as

1.4. knowledge of the history and culture of peoples associated with the students' dominant language

1.5. Knowledge of the differences between the sound systems, forms and structures of the second language and English, as well as knowledge of sociolinguistics and psycholinguistics necessary

1.6. Knowledge of how to assess students' language abilities and how to adapt instructional materials and technologies to meet students' needs and abilities in alignment wish curriculum, content standards and local, state and federal regulation.

Performance Standards:

2.1. Ability to teach (contingent upon holding an endorsement in the subject area) academic content in the students' dominant language, according to the students' needs and abilities including the integration of technology.

2.2. Ability to assist students in maintaining and extending their command of their first language as well as the English language

2.3. Ability to identify cultural biases in existing curricula, materials, and/or teaching techniques and to modify these as appropriate. Ability to develop students' awareness of and appreciation for cultural diversity

2.4. Ability to assist students in maintaining and extending identification with and pride in their culture heritage, and help develop their understanding of the contribution of their cultural or ethnic group to American culture, history, and life style while at the same time facilitating learning to be successful in the dominant culture

2.5. Ability to foster the relationships between families of bilingual students, schools and community

2.6. Ability to stimulate community participation in the school program and to enhance sociocultural exchanges among all groups

A minimum of a practicum, or the equivalent, in Bilingual/Dual Language Education at the elementary (PK-6) or middle/secondary (7-12) instructional level, depending on the authorization sought.
For the full PK-12 authorization, a minimum of a practicum, or the equivalent, in Bilingual/Dual Language Education setting at both the PK-6 and 7-12 instructional levels is required.

5440-03. Business Education.

(Revised June 2018)

The holder is authorized to teach Business Education in grades 5-12 in middle and high schools.

Knowledge Standards; to qualify for this endorsement, the candidate shall demonstrate the following:

1.1. Knowledge of business education concepts and skills delineated in The National Standards for Business Education, Vermont's Career and Technical Business and Administration Program Competencies, the Jump$tart Coalition for Personal Financial Literacy National Standards and any future, relevant state initiatives

1.2. Knowledge of financial decision making including: spending and saving, credit and debt, employment and income, investing and risk management and insurance

1.3. Knowledge of the career development/planning process, occupational skills standards, workplace skills requirements, recognized industry standards and the relationship between work and learning as related to the foundations of business

1.4. Knowledge of existing student organizations and processes to integrate student organization activities into the curriculum

1.5. Knowledge of leadership skills and development

1.6. Knowledge of current and emerging business technology applications, procedures and systems

1.7. Knowledge of the e-commerce business model and how to meet customer needs in an online environment

1.8. Knowledge of Generally Accepted Accounting Principles (GAAP) and ability to explain how the application of GAAP impacts the recording of financial and the preparation of financial statements

1.9. Knowledge of macro and micro economic principles

1.10. Knowledge of principles of business law, the legal environment of business and issues related to ethics and social responsibility in business

1.11. Knowledge of organizational structures and advantages and disadvantages of each

1.12. Knowledge of entrepreneurship including traits of successful entrepreneurs, steps in starting a business, and factors influencing the success and failure of a business

1.13. Knowledge of principles of marketing and market research and their impact on individuals, business, and society

1.14. Knowledge of English mechanics and communication skills when writing, speaking, listening, and presenting in a variety of personal and business environments

1.15. Knowledge of statistical analysis to interpret consumer and business data to solve problems, make decisions, set goals, and plan for future development

1.16. Knowledge of the components of a business plan, steps and procedure for writing a business plan, and strategies for applying the business plan when starting a business

1.17. Knowledge of the basic techniques of mathematics and quantitative analysis in business

1.18. Knowledge of the role of international business; how it impacts business at all levels, including local, state, national and international

1.19. Knowledge of the interrelatedness of the social, cultural, political, legal, and economic factors that shape and impact the global business environment

Performance Standards:

Implements a comprehensive, standards-based business education curriculum that enables students to acquire the knowledge, skills, and attitudes that will prepare them to be successful in their personal financial lives as employees/entrepreneurs, consumers and citizens and to prepare those students who seek further training in business. Specifically, the educator:

2.1. Plans, delivers, and evaluates instruction based upon knowledge of the business and administration field, The National Standards for Business Education, and Vermont's Career and Technical Business and Administration Program Competencies, the Jump$tart Coalition for Personal Financial Literacy National Standards and any future relevant state initiatives

2.2. Teaches students to recognize and be sensitive to the cultural expectations in personal and professional environments

2.3. Teaches student to recognize the customer-oriented nature of business and analyze the impact of business activities on the individual, the workplace, and society

2.4. Teaches personal development and leadership skills

2.5. Collaborates with colleagues, community, post-secondary institutions, business/industry, and families to maximize curricular and instructional resources

2.6. Plans, organizes, manages and collaborates as necessary so that learning environments and /technical facilities are safe and comply with state and national laws, regulations and guidelines

2.7. Teaches students how to communicate and present themselves in a manner appropriate to the business environment, both face-to-face and through the use of technology

2.8. Identifies, compares, selects, evaluates, uses and recommends relevant technologies for business

The candidate demonstrates work and/or volunteer experience using business and administrative skills through a resume

5440-17. Career Technical Education.

(Revised June 2014)

The holder is authorized to teach one or more career cluster area courses of study in a career and technical center in grades 7-12 as specified on the endorsement.

In order to qualify for this endorsement, a candidate must demonstrate the following:

Knowledge Standards:

1.1. The Educator demonstrates knowledge of how to plan, deliver, and evaluate instruction as reflected in the standards approved by the State Board of Education for students, and student, community and workforce needs, including industry standards and procedures. Specifically, the educator understands:

1.2. The legal and ethical requirements and safety issues pertaining to the specific trade or industry

1.3. Career Technical Education curriculum and assessment strategies and instructional methods that enable integration, via applied learning opportunities and activities, of Vermont's standards, Grade Level Expectations, and the Common Career Technical Core Standards with the industrial skills necessary for success in the specific career cluster area of study and related pathway(s)

1.4. Equity issues in Career Technical Education including occupational stereotypes and strategies to break down barriers to opportunities for male and female students in non-traditional occupations

1.5. Skills, techniques, and procedures for effectively integrating students with special needs, including individuals with disabilities, individuals from economically disadvantaged families, individuals preparing for non-traditional fields, etc. in Career Technical Education settings

1.6. The career development/planning process and how to integrate employability skills into the curriculum

1.7. The significant role in Career Technical Education of partnerships and collaborative relationships with industry, organized labor, parents, community agencies, and post-secondary institutions in delivering the curriculum, and how to form advisory committees that include these parties

1.8. How to foster the development of students' leadership skills through delivery of the curriculum, and incorporation of appropriate career and technical student organization standards into the curriculum

Performance Standards:

2.1. The Educator implements a comprehensive, standards-based curriculum that incorporates industry skill standards and enables students to acquire the knowledge, skills, and attitudes that will prepare them to succeed in the chosen trade or industry. Specifically, the educator:

2.2. Integrates the teaching of Vermont's standards, Grade Level Expectations, and the Common Career Technical Core Standards throughout all instructional activities

2.3. Creates instructional activities that provide students with the knowledge and skills to successfully complete the program of study assessments within the particular trade or industry

2.4. Collaborates with the Career Technical Education Special Needs Coordinator to effectively integrate students with special needs, including individuals with disabilities, individuals from economically disadvantaged families, individuals preparing for non-traditional fields, etc., into his/her classroom and to meet each student's individual learning needs

2.5. Consults with industry advisory committees, colleagues, the community, and parents to maximize curricular and instructional resources, and develops experiential learning opportunities for students

2.6. Plans, organizes, and manages laboratories/technical facilities for instruction so that activities are carried out in accordance with state and national safety guidelines and in compliance with all local, state, and federal regulatory codes governing the trade or industry

2.7. Demonstrates sensitivity to inequities in technical education learning and career opportunities by incorporating specific instructional activities that promote equity

2.8. Fosters the development of students' leadership, teamwork, and effective communication skills, and teaches deportment in a manner appropriate to the industry

2.9. Advises students in the career planning process and teaches employability skills as indicated in the program core competencies developed by industry and education

An applicant may apply for a license or endorsement in the following fields:

A. Agriculture & Natural Resources

B. Architecture & Construction

C. Arts & Communication

D. Business

E. Education and Training

F. Health

G. Hospitality

H. Human Services

Personal Care
Family & Community Services

I. Information Technology

J. Law & Public Safety

K. Manufacturing

L. Transportation

Driver and Traffic Safety Education

M. Engineering

5440-73. Career Technical Education School Counseling Coordinator.

(Revised August 2015)

The holder is authorized to coordinate and provide Career Technical Education school counseling services in grades 7-12.

The CTE School Counseling Coordinator Endorsement is divided into two domains, the School Counseling domain and the Career and Technical Education domain.

School Counseling Domain

School Counseling Programs

School counselors should possess the knowledge, abilities, skills and attitudes necessary to plan, organize, implement and evaluate a comprehensive, developmental, results-based school counseling program.

1.1. Knowledge Standards

1.1.1. The organizational structure and components of an effective school counseling program that aligns with the ASCA National Model

1.1.2. Barriers to student learning and use of advocacy and data-driven school counseling practices to close the information, opportunity, and achievement gaps

1.1.3. Leadership principles and theories

1.1.4. Individual counseling, group counseling and classroom instruction ensuring equitable access to resources promoting academic achievement, career development and personal/social development for every student

1.1.5. Collaborations with stakeholders such as parents and guardians, teachers, administrators and community leaders to create learning environments that promote educational equity and success for every student

1.1.6. Legal, ethical and professional issues in pre-K-12 schools

1.1.7. Developmental theory, learning theories, multicultural competency theory, social justice advocacy theory, counseling theories, and career counseling theories

1.1.8. The continuum of mental health services, including prevention and intervention strategies to enhance student success

1.2. Performance Standards

1.2.1. Plans, organizes, implements and evaluates a school counseling program

1.2.2. Serves as a leader in the school, district/supervisory union, and community

1.2.3. Advocates for student success at the student, school and public arena levels of intervention

1.2.4. Acts as a systems change agent to create an environment promoting and supporting student success

1.2.5. Every student can learn, and every student can succeed

1.2.6. Every student should have access to and opportunity for a high-quality education and school counseling program

1.2.7. Students from traditionally under-represented groups face systemic inequities that need to be identified and interrupted

1.2.8. Every student should graduate from high school and be prepared for employment or college and other post-secondary education

1.2.9. School counselors are cultural beings with internalized biases that need to be identified and interrupted

1.2.10. The effectiveness of school counseling programs should be measurable using process, perception and outcome data

Foundations

School counselors should possess the knowledge, abilities, skills and attitudes necessary to establish the foundations of a school counseling program.

2.1. Knowledge Standards

2.1.1. Beliefs and vision of a school counseling program that align with school improvement and student success initiatives at the school, district, and state level and reflect the structure and governance of the American educational system

2.1.2. Educational systems, philosophies and theories and current trends in education, including federal and state legislation

2.1.3. Learning theories

2.1.4. History and purpose of school counseling, including traditional and transformed roles of school counselors

2.1.5. Human development theories and developmental issues affecting student success

2.1.6. District, state and national student standards and competencies, including ASCA Mindsets and Behaviors for Student Success and other student standards that may complement and inform the comprehensive school counseling program

2.1.7. The three domains of academic achievement, career planning and personal/social development

2.1.8. Multicultural and Social Justice Advocacy Competencies

2.1.9. Macro-systemic forces that marginalize students from traditionally underrepresented groups such as: classism, abilityism, Heteronormativity, color-blind modern racism, cis-normativity, sexism and sizeism.

2.2. Performance Standards

2.2.1. Develops the beliefs and vision of the school counseling program that align with current school improvement and student success initiatives at the school, district and state level

2.2.2. Develops a school counseling mission statement aligning with the school, district and state mission

2.2.3. Applies the ethical standards and principles of the school counseling profession and adheres to the legal aspects of the role of the school counselor

2.2.4. Has an impact on every student rather than a series of services provided only to students in need

2.2.5. Is an integral component of student success and the overall mission of the school and school district

2.2.6. Promotes and supports academic achievement, career planning and personal/social development for every student

Management

School counselors should possess the knowledge, abilities, skills and attitudes necessary to manage a school counseling program.

3.1. Knowledge Standards

3.1.1. Leadership principles, including sources of power and authority and formal and informal leadership

3.1.2. Organization theory to facilitate advocacy, collaboration and systemic change

3.1.3. Presentation skills for programs such as teacher in-services, parent workshops and presentation of results reports to school boards

3.1.4. Time management, including long-and short-term using tools such as schedules and calendars management

3.1.5. Data-driven decision making

3.1.6. Current and emerging technologies such as use of the Internet, Web-based resources and information management systems

3.2. Performance Standards

3.2.1. Self-evaluates his/her own competencies leading to and resulting in the formulation of an appropriate professional development plan

3.2.2. Familiarity and understanding of the value of a diverse advisory council

3.2.3. Accesses or collects relevant data, including process, perception and outcome data, to monitor and improve student behavior and achievement

3.2.4. Assesses use of time in direct and indirect student services and program management and school support

3.2.5. Develops calendars to ensure the effective implementation of the school counseling program

3.2.6. Designs and implements action plans support activities aligning with school and school counseling program goals and conduct self-appraisals

3.2.7. A school counseling program/department must be managed like other programs and departments in a school

3.2.8. Planning, organizing, implementing an d evaluating a school counseling program are critical responsibilities for a school counselor

3.2.9. Management of a school counseling program must be done in collaboration with administrators

Delivery

School counselors should possess the knowledge, abilities, skills and attitudes necessary to deliver a school counseling program.

4.1. Knowledge Standards

4.1.1. The distinction between direct and indirect student services

4.1.2. The concept of a school counseling core curriculum

4.1.3. Counseling theories and techniques that work in school, such as solution-focused brief counseling, cognitive behavioral theory, narrative theory, play theory and interventions, person-centered counseling, group work theory and family systems

4.1.4. Counseling theories and techniques in different settings, such as individual planning, group counseling and classroom lessons

4.1.5. Classroom management

4.1.6. Principles of career planning and college admissions, including financial aid and athletic eligibility

4.1.7. Principles of working with students from traditionally under-represented social locations, i.e. students of color, New Americans, English language learners, students with a (dis)ability, lesbian, gay, or bisexual (LGB) students, students from non-dominant religious traditions, gender nonconforming students, and students from poor and working class families.

4.1.8. Principles of multi-tiered approaches within the context of a comprehensive school counseling program

4.1.9. Responsive services (counseling and crisis response) including grief and bereavement

4.2. Performance Standards

4.2.1. Implements the school counseling core curriculum

4.2.2. Facilitates individual student planning

4.2.3. Provides responsive services

4.2.4. Understands how to make referrals to appropriate professionals when necessary

4.2.5. Shares strategies that support student achievement with parents, teachers, other Educators and community organizations

4.2.6. Partners with parents, teachers, administrators and education stakeholders for student achievement and success

4.2.7. Engages in broaching conversations with students and families from traditionally under-represented groups, i.e. students of color, New Americans, students with (dis)abilities, transgender students, Lesbian, Gay, or Bisexual (LGB) students, and students who identity as poor or working class.

4.2.8. School counseling is one component in the continuum of care that should be available to all students

4.2.9. School counselors coordinate and facilitate counseling and other services to ensure all students receive the care they need

4.2.10. School counselors engage in developmental counseling and short-term responsive counseling

4.2.11. School counselors should refer students to district or community resources to meet more extensive needs such as long-term therapy or diagnoses of disorders

4.2.12. School counselors have an integral role in interrupting societal inequities that marginalize students from traditionally under-represented groups.

Accountability

School counselors should possess the knowledge, abilities, skills and attitudes necessary to monitor and evaluate the processes and results of a school counseling program aligning with the ASCA National Model.

5.1. Knowledge Standards

5.1.1. Basic concepts of results-based school counseling and accountability issues

5.1.2. Basic research sampling, methodology and analysis concepts to understand research outcomes

5.1.3. Use of data to evaluate program effectiveness and to determine program needs

5.1.4. Culturally sensitive school counseling program assessments and results reports

5.2. Performance Standards

5.2.1. Analyzes data from school data profile and results reports to evaluate student outcomes and program effectiveness and to determine program needs

5.2.2. Understands and advocates for appropriate school counselor performance appraisal process based on school counselor competencies and implementation of the comprehensive school counseling program

5.2.3. School counseling programs should achieve demonstrable results

5.2.4. School counselors should be accountable for the results of the school counseling program

5.2.5. School counselors should use quantitative and qualitative data to evaluate their school counseling program and to demonstrate program results

5.2.6. The outcomes of the school counseling program should be analyzed and presented in the context of the overall school and district performance

5.2.7. School counselors use data to identify systemic barriers for students from traditionally under-represented groups.

Career Counseling

6.1. Career Development Theory-Knowledge Skills:

6.1.1. Theories and models of career development

6.1.2. Theoretical models for career development and associated counseling and information-delivery techniques and resources

6.1.3. Role relationships which facilitate life-work planning

6.1.4. Information, techniques, and models related to career planning and placement

6.2. Individual and Group Counseling Skills-Performance Standards:

6.2.1. Identify and understand clients' personal characteristics related to career

6.2.2. Identify and understand social contextual conditions affecting clients' careers

6.2.3. Identify and understand familial, sub-cultural and cultural structures and functions as they are related to clients' careers

6.2.4. Identify and understand clients' career decision-making processes

6.2.5. Identify and understand clients' attitudes toward work and workers

6.2.6. Identify and understand clients' biases toward work and workers based on gender, race, and cultural stereotypes

6.2.7. Challenge and encourage clients to take action to prepare for and initiate role transitions by locating sources of relevant information and experience and by obtaining and interpreting information and experiences, and acquiring skills needed to make role transitions

6.2.8. Assist the client to acquire a set of employability and job search skills

6.2.9. Support and challenge clients to examine life-work roles, including the balance of work, leisure, family, and community in their careers

6.3. Individual/Group Assessment-Performance Standards:

6.3.1. Assess leisure interests, learning style, life roles, self-concept, career maturity, vocational identity, career indecision, work environment preference (e.g., work satisfaction), and other related life style/development issues

6.3.2. Assess conditions of the work environment (such as tasks, expectations, norms, and qualities of the physical and social settings)

6.3.3. Evaluate and select valid and reliable instruments appropriate to the client's gender, sexual orientation, race, ethnicity, and physical and mental capacities

6.4. Information/Resource-Knowledge Standards:

6.4.1. Education, training, and employment trends; labor market information and resources that provide information about job tasks, functions, salaries, requirements and future outlooks related to broad occupational fields and individual occupations

6.4.2. Resources and skills that clients utilize in life-work planning and management

6.4.3. Community/professional resources available to assist clients in career planning, including job search

6.4.4. Changing roles of women and men and the implications that this has for education, family, and leisure

6.4.5. Methods of good use of computer-based career information delivery systems (CIDS) and computer-assisted career guidance systems (CACGS) to assist with career planning

6.5. Program Promotion, Management and Implementation--Knowledge Standards:

6.5.1. Societal trends and state and federal legislation that influence the development and implementation of career development programs

6.5.2. Mount an outreach and public relations campaign in behalf of career development activities and services

6.6. Coaching, Consultation, and Performance Improvement-Performance Standards:

6.6.1. Establish and maintain a productive consultative relationship with people who can influence a client's career

6.7. Diverse Populations-Performance Standards:

6.7.1. Advocate for the career development and employment of diverse populations

6.7.2. Design and deliver career development programs and materials to hard-to-reach populations

6.8. Technology--Demonstration of knowledge of:

6.8.1. Ways in which to use computer-based systems and Internet services to assist individuals with career planning that are consistent with ethical standards

6.8.2. Various computer-based guidance and information systems as well as services available on the Internet Career and Technical Education Domain

CTE counseling coordinators demonstrate working knowledge of and comply with current federal, state, and local government policies and district policies, including funding sources and barriers to access, and residency requirements.
CTE counseling coordinators assist students in planning for transitions by assessing students' career interests and skills and helping them design and explore career-related experiences inside and outside of the classroom.
Master's degree, with a concentration in school counseling or the equivalent
A supervised internship experience (600 clock hours) in counseling of which a minimum of 60 hours of the experience occurs in school counseling at the middle/secondary level (7-12), under the supervision of a licensed school counselor or CTE School Counseling Coordinator (The internship would likely be completed in the process of earning a Master's degree in school counseling and is not in addition to the internship required for the degree.)
Two years of work experience outside of the area of education.

5440-87. Career Technical Education Special Needs Coordinator.

(Revised August 2015)

The holder is authorized to provide academic support services, to conduct basic academic skill assessments, to coordinate educational support services with the sending schools, and to assist IEP teams with the determination of appropriate placements in Career Technical Education programs for individuals from special populations, as that term is defined in federal regulations pertaining to special education eligibility, who are or will be enrolled in Career Technical Education programs.

For this endorsement, "special populations" refers to the definitions found in 20 USC § 2302(29) and Vermont State Board of Education rule 2370.

The CTE Special Needs Coordinator Endorsement is divided into two domains, the Special Education domain and the Career and Technical Education domain.

Special Education Domain

1.1 Learner Development and Individual Learning Differences Special Educators understand how exceptionalities may interact with development and learning and use this knowledge to support learning experiences for individuals with exceptionalities. Specifically, they:

1.1.1 understand how language, culture, and family background influence the learning of individuals with exceptionalities.

1.1.2 use understanding of development and individual differences to respond to the needs of individuals with exceptionalities.

1.1.3 demonstrate a dedication to helping students achieve college and career readiness

1.2 Special Educators create safe, inclusive, culturally responsive learning environments so that individuals with exceptionalities become active and effective learners and develop emotional well-being, positive social interactions, and self-determination. Specifically, they:

1.2.1 collaborate with academic teams and other colleagues to create safe, inclusive, culturally responsive learning environments to engage individuals with exceptionalities in meaningful learning activities and social interactions.

1.2.2 use motivational and instructional interventions to support individuals with exceptionalities how to adapt to different environments.

1.2.3 know how to intervene safely and appropriately with individuals with exceptionalities in crisis.

1.3 Curriculum Content Knowledge

Special Educators use knowledge of general and specialized curricula to support individualized learning for individuals with exceptionalities. Specifically, they:

1.3.1 understand the central concepts, structures of the discipline, and tools of inquiry of the content areas they teach, and can organize this knowledge, integrate cross-disciplinary skills, and develop meaningful learning progressions for individuals with exceptionalities.

1.3.2 understand and use general and specialized content knowledge for teaching across curricular content areas to individualize learning for individuals with exceptionalities.

1.3.3 support general and specialized curricula to make them accessible to individuals with exceptionalities.

1.3.4 have knowledge of current student learning standards and relevant state and national education initiatives.

1.3.5 consider needs of students based on their demonstrated proficiencies and help students achieve those needs through personalized instruction.

1.4 Special Educators use multiple methods of assessment and data-sources in making educational decisions. Specifically, they:

1.4.1 select and use technically sound formal and informal assessments that minimize bias.

1.4.2 use knowledge of measurement principles and practices to interpret assessment results and guide educational decisions for individuals with exceptionalities.

1.4.3 collaborate with colleagues and families using multiple types of assessment information in making decisions about individuals with exceptionalities.

1.4.4 engage individuals with exceptionalities to work toward quality learning and performance and provide feedback to guide them.

1.5 Instructional Planning and Strategies

Special Educators select, adapt, and use a repertoire of evidence-based instructional strategies (including intervention used in academic and specialized curricula) to advance learning of individuals with exceptionalities. Specifically, they:

1.5.1 consider an individual's abilities, interests, learning environments, and cultural and linguistic factors in the selection, development, and adaptation of learning experiences for individual with exceptionalities.

1.5.2 use technologies to support instructional assessment, planning, and delivery for individuals with exceptionalities.

1.5.3 demonstrate familiarity with augmentative and alternative communication systems and a variety of assistive technologies to support the communication and learning of individuals with exceptionalities.

1.5.4 use strategies to enhance language development and communication skills of individuals with exceptionalities

1.5.5 support a variety of education and transition plans for individuals with exceptionalities across a wide range of settings and different learning experiences in collaboration with individuals, families, and teams.

1.5.6 support mastery and promote generalization of learning.

1.5.7 teach cross-disciplinary knowledge and skills such as critical thinking and problem solving to individuals with exceptionalities.

1.6 Professional Learning and Ethical Practice

Special Educators use foundational knowledge of the field and their professional Ethical Principles and Practice Standards to inform special education practice, to engage in lifelong learning, and to advance the profession. Specifically, they:

1.6.1 use professional ethical principles and professional practice standards to guide their practice.

1.6.2 understand how foundational knowledge and current issues influence professional practice.

1.6.3 understand that diversity is a part of families, cultures, and schools, and that complex human issues can interact with the delivery of special education services.

1.6.4 understand the significance of lifelong learning and participate in professional activities and learning communities.

1.6.5 advance the profession by engaging in activities such as advocacy and mentoring

1.6.6 provide guidance and direction to paraeducators, tutors, and volunteers.

1.7 Collaboration

Special Educators collaborate with families, other Educators, related service providers, individuals with exceptionalities, and personnel from community agencies in culturally responsive ways to address the needs of individuals with exceptionalities across a range of learning experiences. Specifically, they:

1.7.1 use the theory and elements of effective collaboration.

1.7.2 serve as a collaborative resource to colleagues.

1.7.3 use collaboration to promote the well-being of individuals with exceptionalities across a wide range of settings and collaborators.

Career and Technical Education Domain

2.1 CTE special needs coordinators manage student behavior through procedures, clear expectations, and structure.

2.2 CTE special needs coordinators communicate effectively with students, parents, colleagues, and community members

2.3 CTE special needs coordinators demonstrate working knowledge of and comply with current federal, state, and local government policies and district policies.

2.4 CTE special needs coordinators work with other service providers within the school and the broader community to support and promote a positive learning environment for all students.

2.5 CTE special needs coordinators students plan for transitions by assessing students' career interests and skills and helping them design and explore career-related experiences inside and outside of the classroom.

2.6 CTE special needs coordinators understand how to communicate the unique context of special needs students in career and technology centers so that sending high school understand the CTE context and CTEs understand the context of special needs populations.

2.7 CTE special needs coordinators recognize and support all special populations with awareness of how their status interacts with the unique educational setting of a CTE.

A minimum of 21 credits in special education
A minimum of a practicum, or the equivalent, in special education at the middle/secondary (grade 7-age 21) instructional level A practicum is defined as a minimum of 60 hours of supervised field experience.
A minimum of two years of teaching experience in special education or Career Technical Education.

5440-14. Computer Science Educator.

(Revised June 2018)

The holder is authorized to teach computer science in grades 7-12.

In order to qualify for this endorsement, the candidate shall demonstrate the following:

Knowledge Standards:

1.1. Demonstrates knowledge of essential computer science concepts and skills, including:

1.2. Historical Context

1.2.1. Important contributions of individuals or groups, particularly those made by underrepresented populations', to the development of computer technology

1.2.2. Generational milestones in the historical development of computer technology

1.3. Algorithmic Thinking

1.3.1. The basic steps in algorithmic problem-solving to design solutions (e.g., problem statement and exploration, examination of sample instances, design, implementing a solution, testing, evaluation, revising).

1.4. Computing Systems

1.4.1. The function, application, capabilities and limitations of computers, their operating systems, software applications, and networking components

1.4.2. Appropriate use of hardware components (e.g. input, processing, output, primary/secondary storage devices) with respect to functionality, cost, size, speed, accessibility, and aesthetics

1.4.3. The role of compilers and interpreters in translating programming languages into machine instructions

1.5. Networks and The Internet

1.5.1. Various types of networks and their performance characteristics, models for defining network standards and protocols, and network topology

1.5.2. Cybersecurity including identifying features and functions of security tools (e.g., firewalls, antivirus programs, filtering software, and encryption).

1.5.3. The relationship between clients and servers on a network (e.g., cloud storage, web browsers, email)

1.6. Data Analysis

1.6.1. Collecting, aggregating, cleaning, and modeling data

1.6.2. Using simulations, visualizations, and statistical models to perform exploratory data analysis

1.7. Algorithms and Programming

1.7.1. Fluency in at least one high-level language used in current pedagogy including variables, data types, creating and using methods, passing data between methods, control structures, and data structures

1.7.2. Programming languages, including the definition and structure of languages and comparison of existing high-level languages, particularly including object-oriented program design

1.7.3. The specification, design, implementation, testing, modification, and debugging of software

1.7.4. Apply problem-solving strategies such as design specification, top-down design, step-wise refinement, object-oriented design

1.7.5. Algorithm analysis using big-O notation to evaluate best-, average-, and worst-case space and time techniques

1.7.6. Important programming concepts such as modularity, abstraction, recursion, libraries and Application Programming Interfaces (APIs)

1.8. Impacts of Computing

1.8.1. Ethical acquisition (e.g., citing sources using established methods) and acceptable versus unacceptable use of information (e.g., privacy, hacking, piracy, vandalism, viruses, current laws and regulations).

1.8.2. Intellectual property rights and related issues (e.g., copyright laws, fair use, patents, trademarks) when using, manipulation, and editing electronic data.

1.8.3. Issues related to the equitable use of technology (e.g. gender, ethnicity, language, disabilities, access to technology)

1.8.4. Digital citizenship, digital footprints, and other ways technology is shaping culture and social interactions

1.8.5. Identifying and avoiding online threats including phishing schemes, sextortion, and identity theft among others.

1.9. The concepts, vocabulary, and issues found in two or more of the sub-disciplines of computer science (including but not limited to: abstract data types, advanced computer science algorithms, computer architecture, networks and data communications, physical computing, digital forensics, machine learning)

Performance Standards:

Implements an inquiry-based computer science curriculum that integrates conceptual understanding and skill development. Specifically, the educator:

2.1. Plans and implements instruction that allows students to use computer science in problem-solving and decision-making situations

2.2. Keeps current with the use of technology in education and issues related to legal and ethical use of technology resources

2.3. Designs and implements activities which reinforce verbal and written technical communication skills central to computer science

2.4. The ability to use the basic steps in algorithmic problem-solving to design solutions (e.g., problem statement and exploration, examination of sample instances, design, implementing a solution, testing, evaluation)

2.5. Uses effective management strategies for teaching computer science (e.g. laboratory work, cooperative learning, electronic communication)

2.6. Uses appropriate instructional strategies for teaching computer science (e.g., case studies, role-playing, manipulatives, visualizations, simulations, modeling)

A minor in Computer Science, or the equivalent, in undergraduate and/or graduate coursework.
A minimum of a practicum, or the equivalent, in Computer Science.

5440-38. Dance.

(Revised 2014, Reviewed January 2018, no revisions)

The holder is authorized to teach dance in grades PK-6, 7-12, and PK-12, as specified on the endorsement.

In order to qualify for this endorsement, the candidate shall demonstrate the following:

Knowledge Standards:

Knowledge of how to plan, deliver, and evaluate age-appropriate instruction in dance as delineated in current national professional standards and as reflected in standards approved by the State Board of Education for students. Specifically, the educator understands:

1.1 The goals and purposes of dance arts education, including:

1.1.1 Promoting an awareness of dance as a fundamental expression of human communication and emotion and the various ways dance impacts society (e.g. culture, economy, history, religion);

1.1.2 Enriching students' lives with lifelong skills, perspectives, sensibilities, and understandings;

1.1.3 Inspiring students to become life-long learners in dance and the arts.

1.2 Dance in contemporary and past cultures in both western and non-western societies, including:

1.2.1 Various types of dance, including ballet, ballroom, ethnic, folk, jazz, and modern;

1.2.2 Dance history and philosophy, including the relationship of historical and cultural context to techniques, style, and choreography;

1.2.3 Social and political history as influenced by dance.

1.3 Elements of dance:

1.3.1 The essential elements of stagecraft, dance accompaniment, and music;

1.3.2 Basic dance literacy, including the vocabulary of dance, reading and writing about dance, and dance notation;

1.3.3 The elements of time, space, and energy and their use in the making of a dance as well as knowledge of the creative process with specific application through improvisation in dance;

1.3.4 Safe movement practices, basic anatomy, the principles of kinetics, nutrition, and healthful body maintenance;

1.3.5 Choreographic structure;

1.3.6 Dance production;

1.4 Arts advocacy and the importance of collaborating with colleagues across the curriculum to advance dance education.

Performance Standards:

2.1 Ability to implements an age-appropriate dance curriculum that enables students to engage in dance as an artistic, kinesthetic, educational, social, cultural, and theatrical experience. Specifically, the Educator:

2.2 Demonstrates the ability to:

2.2.1 Create dances in a variety of dance styles with in-depth mastery of at least one dance style;

2.2.2 Perform technical skills in a variety of dance forms;

2.2.3 Critically analyze movement, dance techniques, and choreography;

2.2.4 Incorporate one's own artistic experience into dance pedagogy;

2.2.5 Use the artistic processes of creating, performing, and responding as a conceptual model to understand and appreciate dance as an art form;

2.2.6 Collaborate across the curriculum with classroom and other arts Educators;

2.2.7 Effectively communicate the importance of dance education.

2.3 Develops student appreciation of dance by employing a variety of dance instructional and assessment methods, including, but not limited to:

2.3.1 Dynamic alignment;

2.3.2 Imagery;

2.3.3 Verbal and visual prompts;

2.3.4 Accurate technical and artistic demonstration;

2.3.5 Sharing effective processes of dance critique and reflection.

2.4 Selects and adapts age-appropriate dance materials and theatrical accompaniments to meet the motor skill development needs of students, including those with special needs.

2.5 Applies effective choreographic process by:

2.5.1 Guiding students in the development of a movement vocabulary based on the elements of dance and movement concepts;

2.5.2 Engaging students in purposeful dance creation using the elements of dance and movement concepts and principles of choreography to communicate meaning; and

2.5.3 Fostering the use of appropriate terminology to describe, analyze, and evaluate dance;

2.6 Organizes and teaches dance content based on national, state and local standards for students that includes:

2.6.1 Exploratory, self-directed, and collaborative learning opportunities;

2.6.2 Progression of dance skills from novice to advanced dance ability;

2.6.3 Practices to promote health and safety.

A minimum of a practicum, or the equivalent, in dance education.

5440-10. Design and Technology Education.

(Revised August 2015)

The holder is authorized to teach Design and Technology Education in grades 5-12 in middle and high schools.

Knowledge

The Educator will develop students' technological thinking and problem solving and promote critical thinking and analysis through innovation, creation, collaboration, sustainability, and emerging technologies. The Educator will work to develop students' focus on precision, technology, design, and application through selection and use of the proper tools.

1.1. The Educator demonstrates knowledge of the following spheres of design and technology education:

1.1.1. The Nature of Technology

1.1.2. Technology and Society

1.1.3. Design

1.1.4. Abilities for a Technological World

1.1.5. The Designed World

1.2. The Educator will focus on applications and habits of mind in design thinking, engineering processes, developing solutions to problems, the evolution of technology, integration and collaboration of STEAM (science, technology, engineering, arts, mathematics).

1.3. The Educator will demonstrate ethical use and application of various technologies through social, economic, cultural, and political roles.

1.4. In addition to meeting proficiency in the core areas of Engineering Design and Application and STEAM Applications, the candidate will demonstrate competency in a minimum of 3 other areas of focus:

1.4.1. Energy, Power and Transportation

1.4.2. Communication

1.4.3. Invention & Innovation in Manufacturing

1.4.4. Architecture and Construction

1.4.5. Biotechnologies

1.4.6. New & Emerging Technologies

1.4.7. Universal engineering principles and design

1.5. The Educator will promote the effective and safe use of tools and machines, proper uses and purposeful applications of a variety of natural and synthetic materials and their appropriate application in the above areas to support students in the design and fabrication of artifacts to demonstrate knowledge and learning in identified areas.

Performance

The Educator implements an inquiry-based technology education curriculum that integrates technology and STEAM concepts, problem solving skills, and content. Furthermore, the educator facilitates development of the habits of mind that support technological inquiry.

The Educator:

2.1. Designs and implements investigations and assessments that engage students in problem solving activities exploring the core concepts of technology in which they design and construct models, test through simulations and perform analyses that demonstrates solutions to particular problems. (Corresponds to ITEEA Content Standards for Technological Literacy 2, 8, 9. 10)

2.2. Models the skills and attitudes of technological problem solving by formulating meaningful questions. (STL 10)

2.3. Teaches students how to be responsible consumers of technology, including understanding the positive and negative consequences of individual and societal choices. (STL 5, 13)

2.4. Creates opportunities for students to develop and demonstrate leadership, communication, and teamwork skills by working collaboratively to design solutions and to present and discuss them with a variety of audiences. (STL 6, 11)

2.5. Integrates physical, mathematical, scientific, and technological tools inventions and innovations (e.g. laser engravers, CNC, rapid prototyping technologies, and design software) appropriate to students' ages and abilities and facilitate technological inquiry and problem solving concepts. (STL 12, 13)

2.6. Conveys to students how the development of technology and technological theory and understanding is a historical process with continuous creation of new knowledge and refinement or rejection of "old" knowledge through project-based learning. (STL 7, 10)

2.7. Designs and implements investigations and assessments that engage students in experimental design, data collection, data analysis, and problem solving, and that provide them with frequent interactions with the natural world as a regular part of the Design and Technology program. (STL 1, 3, 10, 13)

2.8. Conveys to students the application of STEAM, incorporating the roles and responsibilities of scientists, engineers, and mathematicians with respect to social, economic, cultural and political systems. Provides students with opportunities to actively explore the full scope of career choices available to people in the field of technology. (STL 3, 4, 5, 6, 7)

2.9. Demonstrates sensitivity to inequities in design technology education teaching and careers by incorporating specific instructional strategies that promote equity and responsibility across all technological areas. (STL 3, 4, 5, 6, 7)

2.10. Assists student in identifying complex real world problems and evaluating solutions based on prioritized criteria and trade-offs that include cost, safety, reliability, and aesthetics and model social, cultural, and environmental impacts of solutions. (STL 4, 5, 6, 7, 11)

2.11. Organizes equipment, work, and learning spaces so that project-based learning is carried out safely and in accordance with state and national safety guidelines.

A practicum in a school, community, or work-based setting that applies the design and engineering processes to solve a problem, including the manipulation of materials to make and test a prototype.
A minimum of a bachelor's degree in an area related to Design and Technology Education.

5440-30. Driver and Traffic Safety Education.

(Revised May 2016)

The holder is authorized to teach driver and traffic safety education in grades 9-12.

In order to qualify for this endorsement, the candidate shall demonstrate the following:

Knowledge Standards:

The Educator demonstrates a thorough knowledge of:

1.1. In-vehicle instructional techniques

1.2. The zone control system of driving entailing visual tracking and risk assessment process of driving including concepts of space management and risk management and risk prevention.

1.3. Traffic safety education, including methods and materials for teaching driver and traffic safety education, and administration of a driver and traffic safety education program

1.4. General traffic safety (e.g., other highway users), relevant state and vehicular law, the relationship between substance abuse and operating a motor vehicle, emergency driving techniques, insurance and financial responsibility

1.5. The Educator has the ability to recognize impairment as the result of substance misuse or otherwise.

1.6. An area of the behavioral sciences such as educational psychology, adolescent psychology, or human development

Performance Standards - Specifically, the Educator:

2.1. Educates students with the goal to develop positive attitude toward safe driving with special emphasis on having students understand the serious responsibilities associated with safely operating a motor vehicle

2.2. Educates students with the goal to develop the necessary visual, vehicle control, space management and risk prevention skills to drive safely

2.3. Plans, organizes, implements, and evaluates a driver and traffic safety education program, including procuring vehicles, performing the necessary recordkeeping, and carrying out other administrative duties associated with driver education

2.4. At all times, models for students a high level of self-driving performance

2.5. Maintains effective public relations with the community, including remaining aware of community needs and making the community aware of the need for driver education

A driver education endorsement limited to behind-the-wheel instruction only shall be issued to individuals who meet Knowledge Standards 1.1, 1.2, and 1.4 and Performance Standards 2.1, 2.2, and 2.4, as well as the Additional Requirements below.
A driver education endorsement limited to in-class instruction only shall be issued to individuals who meet Knowledge Standards 1.3, 1.4, 1.5, and 1.6 and Performance Standards 2.1, 2.2, and 2.3, and 2.5, as well as the Additional Requirements below.

4.1. If adding the endorsement to an existing educator license, an educator can qualify for an in-class only endorsement without meeting Knowledge Standard 1.6 and Performance Standards 2.3 and 2.5.

Possess a valid Vermont Motor Vehicles Operator's license, or a valid operator's license from an adjacent state provided the person is a legal resident of that state, with at least five years of driving experience. Provide a certified Department of Motor Vehicles (DMV) copy of the applicant's driver's license history.
Provide evidence of a model driving safety record defined as:

6.1. no more than one moving traffic conviction in the preceding one-year period

6.2. no more than three moving traffic convictions in the preceding three years

6.3. no alcohol or drug related traffic convictions within the preceding ten years

6.4. no driver's license suspension, cancellation, revocation, or denial within the preceding ten years

5440-36. Early Childhood Education.

(Revised March 2023)

The holder is authorized to teach young children birth through PK, PK through grade three, or birth through grade three, as specified on the endorsement.

Child Development and Learning in Context: Early childhood Educators base their practice on a deep understanding of early child development. Early childhood Educators:

1.1. Understand the developmental period of early childhood from birth through age 8 across physical, adaptive, cognitive, social and emotional, and linguistic domains, including bilingual/multilingual development.

1.2 Understand and value each child as an individual with unique developmental variations, experiences, strengths, interests, abilities, challenges, approaches to learning, and with the capacity to make choices.

1.3 Understand the ways that child development and the learning process occur in multiple contexts, including family, culture, language, community, and early learning setting, as well as in a larger societal context that includes structural inequities.

1.4 Use this multidimensional knowledge--that is, knowledge about the developmental period of early childhood, about individual children, and about development and learning in cultural contexts--to make evidence-based decisions that support each child.

Family-Teacher Partnerships and Community Connections: Early childhood Educators understand that successful early childhood education depends upon Educators' partnerships with the families of the young children they serve. Early childhood Educators:

2.1. Understands family systems theory and principles of family centered practice.

2.2. Know about, understand, and value the diversity of families.

2.3 Collaborate as partners with families in young children's development and learning through respectful, reciprocal relationships and engagement.

2.4 Use community resources to support young children's learning and development and to support families, and build partnerships between early learning settings, schools, and community organizations and agencies.

Child Observation, Documentation, and Assessment: Early childhood Educators understand that assessments are used to guide practice and individualize instruction. Early childhood Educators:

3.1. Understand that assessments (formal and informal, diagnostic, formative and summative) are conducted to make informed choices about instruction and for planning in early learning settings.

3.2. Know a wide range of types of assessments, their purposes, and their associated methods and tools.

3.3. Use screening and assessment tools in ways that are ethically grounded and developmentally, ability, culturally, and linguistically appropriate in order to document developmental progress and promote positive outcomes for each child.

3.4. Build assessment partnerships with families and professional colleagues.

Developmentally, Culturally, and Linguistically Appropriate Teaching Practices: Early childhood Educators understand that teaching and learning with young children is a complex enterprise, and its details vary depending on children's ages and characteristics and on the settings in which teaching and learning occur.

4.1. Understand and demonstrate positive, caring, supportive relationships and interactions as the foundation of Early Childhood Educators' work with young children.

4.2. Understand and use teaching skills that are responsive to the learning trajectories of young children and to the needs of each child, recognizing that differentiating instruction, incorporating play as a core teaching practice, and supporting the development of executive function skills are critical for young children.

4.3. Use a broad repertoire of developmentally appropriate, culturally and linguistically relevant, anti-bias, evidence-based teaching skills and strategies that reflect the principles of universal design for learning.

Knowledge, Application, and Integration of Academic Content in the Early Childhood Curriculum: Early Childhood Educators have knowledge of the content of the academic disciplines (e.g., language and literacy, the arts, mathematics, social studies, science, technology and engineering, physical education) and of the pedagogical methods for teaching each discipline.

5.1 Understand content knowledge--the central concepts, methods and tools of inquiry, and structure--and resources for each of the academic disciplines in an early childhood curriculum:

5.1.1 language and literacy

5.1.2. the arts

5.1.3. mathematics

5.1.4. social studies

5.1.5. science, technology, and engineering

5.1.6. physical education, movement, and play

5.2 Understand pedagogical content knowledge--how young children learn in each discipline--and how to use the teacher knowledge and practices described in Standards 1 through 4 to support young children's learning in each content area.

5.3 Modify teaching practices by applying, expanding, integrating, and updating their content knowledge in the disciplines, their knowledge of curriculum content resources, and their pedagogical content knowledge.

Professionalism as an Early Childhood Educator: Early Childhood Educators uphold ethical and professional guidelines, promote the profession, and engage in continuous reflection and improvement. Early Childhood Educators:

6.1 Identify and involve themselves with the early childhood field and serve as informed advocates for young children, families, and the profession.

6.2. Know about and uphold ethical and other early childhood professional guidelines.

6.3. Use professional communication skills, including technology-mediated strategies, to effectively support young children's learning and development and to work with families and colleagues.

6.4. Engage in continuous, collaborative learning to inform practice.

6.5. Develop and sustain the habit of reflective and intentional practice in their daily work with young children and as members of the early childhood profession.

Inclusion: Early Childhood Educators understand that inclusive practices benefit all children and see children with disabilities as children first. Early Childhood Educators:

7.1. Understands how to use inclusive assessments and practices (e.g. Early Multitiered Systems of Support, Universal Design for Learning, Ages & Stages Questionnaires, etc.) to foster positive learning outcomes for each and every child.

7.2. Are committed to collaboration with Early Childhood Special Educators, Speech and Language Pathologists, OT/PT, Early Childhood Mental Health Practitioners and/or other service providers in order to best support the needs of diverse learners in the classroom. This includes a basic knowledge of the Early Childhood Special Education referral process and ways to deliver and implement plans for children with special needs.

A minimum of a practicum, or the equivalent, in early childhood education at the birth-to-5 and/or 5-8 age levels, depending on the authorization sought.

For the full birth through grade 3 authorization, practica at both the birth-to-5 and 5-8 age levels are required.

Required Testing: Educators receiving the endorsement in the Birth - Grade 3 or PK - Grade 3 span must receive a passing score on the ETS Praxis Early Childhood Education Test: Multiple Subjects or Elementary Education test: Multiple Subjects

5440-80. Early Childhood Special Educator.

(Revised May 2015)

The holder is authorized to provide early childhood education, birth through preschool, and early intervention and special education services, including service coordination, case management and comprehensive evaluation services, to children from birth to age 6.

Learner Development and Individual Learning Differences

Special Educators understand how exceptionalities may interact with development and learning and use this knowledge to support learning experiences for individuals with exceptionalities. For Early Childhood Special Educators this includes the following knowledge and skill standards:

1.1 Knowledge Standards

1.1.1 Theories of typical and atypical early childhood development

1.1.2 Biological and environmental factors that affect pre-, peri-, and postnatal development and learning

1.1.3 Specific disabilities, including the etiology, characteristics, and classification of common disabilities in infants and young children, and specific implications for development and learning in the first years of life

1.1.4 Impact of medical conditions and related care on development and learning

1.1.5 Impact of medical conditions on family concerns, resources, and priorities

1.1.6 Factors that affect the mental health and social-emotional development of infants and young children

1.1.7 Infants and young children develop and learn at varying rates

1.1.8 Impact of child's abilities, needs, and characteristics on development and learning

1.1.9 Impact of language delays on cognitive, social-emotional, adaptive, play, temperament and motor development

1.1.10 Impact of language delays on behavior

1.2 Performance Standards

1.2.1 Develop, implement, and evaluate learning experiences and strategies that respect the diversity of infants and young children, and their families

1.2.2 Develop and match learning experiences and strategies to characteristics of infants and young children

1.2.3 Support and facilitate family and child interactions as primary contexts for development and learning

1.2.4 Support caregivers to respond to child's cues and preferences, establish predictable routines and turn-taking, and facilitate communicative initiations

1.2.5 Establish communication systems for young children that support self-advocacy

Learning Environments

Special Educators create safe, inclusive, culturally responsive learning environments so that individuals with exceptionalities become active and effective learners and develop emotional well-being, positive social interactions, and self-determination. For Early Childhood Special Educators this includes the following knowledge and skill standards:

2.1 Knowledge Standards

2.1.1 Impact of social and physical environments on development and learning

2.2 Performance Standards

2.2.1 Select, develop, and evaluate developmentally and functionally appropriate materials, equipment, and environments

2.2.2 Organize space, time, materials, peers, and adults to maximize progress in natural and structured environments

2.2.3 Embed learning opportunities in everyday routines, relationships, activities, and places

2.2.4 Structure social environments, using peer models and proximity, and responsive adults, to promote interactions among peers, parents, and caregivers

2.2.5 Provide a stimulus-rich indoor and outdoor environment that employs materials, media, and adaptive and assistive technology, responsive to individual differences

2.2.6 Implement basic health, nutrition and safety management procedures for infants and young children

2.2.7 Use evaluation procedures and recommend referral with ongoing follow-up to community health and social services

Curricular Content Knowledge

Special Educators use knowledge of general and specialized curricula to support individualized learning for individuals with exceptionalities. For Early Childhood Special Educators this includes the following knowledge and skill standards:

3.1 Knowledge Standards

3.1.1 Concept of universal design for learning

3.1.2 Theories and research that form the basis of developmental and academic curricula and instructional strategies for infants and young children

3.1.3 Developmental and academic content

3.2 Performance Standards

3.2.1 Apply current research to the five developmental domains, play and temperament in learning situations

3.2.2 Plan, implement, and evaluate developmentally appropriate curricula, instruction, and adaptations based on knowledge of individual children, the family, and the community

3.2.3 Implement and evaluate preventative and reductive strategies to address challenging behaviors

3.2.4 Plan and implement developmentally and individually appropriate curriculum

Assessment

Special Educators use multiple methods of assessment and data-sources in making educational decisions. For Early Childhood Special Educators this includes the following knowledge and skill standards:

4.1 Knowledge Standards

4.1.1 Role of the family in the assessment process

4.1.2 Legal requirements that distinguish among at-risk, developmental delay and disability

4.1.3 Alignment of assessment with curriculum, content standards, and local, state, and federal regulations

4.1.4 Connection of curriculum to assessment and progress monitoring activities

4.2 Performance Standards

4.2.1 Assist families in identifying their concerns, resources, and priorities

4.2.2 Integrate family priorities and concerns in the assessment process

4.2.3 Assess progress in the five developmental domains, play, and temperament

4.2.4 Select and administer assessment instruments in compliance with established criteria

4.2.5 Use informal and formal assessment to make decisions about infants and young children's development and learning

4.2.6 Gather information from multiple sources and environments

4.2.7 Use a variety of materials and contexts to maintain the interest of infants and young children in the assessment process

4.2.8 Participate as a team member to integrate assessment results in the development and implementation of individualized plans

4.2.9 Emphasize child's strengths and needs in assessment reports

4.2.10 Produce reports that focus on developmental domains and functional concerns

4.2.11 Conduct ongoing formative child, family, and setting assessments to monitor instructional effectiveness

Instructional Planning & Strategies

5.1 Knowledge Standards

5.1.1 Understands the progression of student skills defined by the Vermont Early Learning Standards

5.2 Performance Standards

5.2.1 Facilitate child-initiated development and learning

5.2.2 Use teacher-scaffolded and initiated instruction to complement child-initiated learning

5.2.3 Link development, learning experiences, and instruction to promote educational transitions

5.2.4 Use individual and group guidance and problem-solving techniques to develop supportive relationships with and among children

5.2.5 Use strategies to teach social skills and conflict resolution

5.2.6 Use a continuum of intervention strategies to support access of young children in the general curriculum and daily routines

5.2.7 Develop, implement, and evaluate individualized plans, with family members and other professionals, as a member of a team

5.2.8 Design intervention strategies incorporating information from multiple disciplines

5.2.9 Implement developmentally and functionally appropriate activities, using a variety of formats, based on systematic instruction

5.2.10 Align individualized goals with developmental and academic content

5.2.11 Develop individualized plans that support development and learning as well as caregiver responsiveness

5.2.12 Develop an individualized plan that supports the child's independent functioning in the child's natural environments

5.2.13 Make adaptations for the unique developmental and learning needs of children, including those from diverse backgrounds

5.2.14 Implement the Vermont Early Learning Standards (VELS)

Professional Learning & Ethical Practice

6.1 Knowledge Standards

6.1.1 Historical, philosophical foundations and legal basis of services for infants and young children both with and without exceptional needs

6.1.2 Trends and issues in early childhood education, early childhood special education, and early intervention

6.1.3 Legal, ethical, and policy issues related to educational, developmental, and medical services for infants and young children, and their families

6.1.4 Advocacy for professional status and working conditions for those who serve infants and young children, and their families

6.2 Performance Standards

6.2.1 Recognize signs of emotional distress, neglect, and abuse, and follow reporting procedures

6.2.2 Integrate family systems theories and principles into professional practice

6.2.3 Respect family choices and goals

6.2.4 Apply evidence-based and recommended practices for infants and young children including those from diverse backgrounds

6.2.5 Advocate on behalf of infants and young children and their families

6.2.6 Implement family services consistent with due process safeguards

Collaboration

7.1 Knowledge Standards

7.1.1 Structures supporting interagency collaboration, including interagency agreements, referral, and consultation

7.2 Performance Standards

7.2.1 Apply models of team process in early childhood

7.2.2 Collaborate with caregivers, professionals, and agencies to support children's development and learning

7.2.3 Support families' choices and priorities in the development of goals and intervention strategies

7.2.4 Implement family-oriented services based on the family's identified resources, priorities, and concerns

7.2.5 Provide consultation in settings serving infants and young children

7.2.6 Involve families in evaluation of services

7.2.7 Participate as a team member to identify and enhance team roles, communication, and problem-solving

7.2.8 Employ adult learning principles in consulting and training family members and service providers

7.2.9 Assist the family in planning for transition

7.2.10 Implement processes and strategies that support transitions among settings for infants and young children

Inclusion

The National Association for the Education of Young Children (NAEYC) and the Division for Early Childhood of the Council for Exceptional Children (DEC) have issued a joint position statement on early childhood inclusion. This position statement represents dispositions desired of Vermont's early childhood Educators and early childhood special Educators.

"Early childhood inclusion embodies the values, policies, and practices that support the right of every infant and young child and his or her family, regardless of ability, to participate in a broad range of activities and contexts as full members of families, communities, and society. The desired results of inclusive experiences for children with and without disabilities and their families include a sense of belonging and membership, positive social relationships and friendships, and development and learning to reach their full potential. The defining features of inclusion that can be used to identify high quality early childhood programs and services are access, participation, and supports."

Bachelor's degree with a recommendation for licensure in early childhood special education, or a minimum of 21 credits in early childhood special education
A minimum of a practicum (60 hours), or the equivalent, in early childhood special education at both the infant/toddler (birth to age 2) AND preschool (age 3 to age 6) levels.

5440-84. Educational Speech Language Pathologist.

(Revised 2019)

The holder is authorized to provide speech and language services, including case management and comprehensive evaluation services, to individuals age 3 through 21. (Requires the clinical SLP License)

In order to qualify for this endorsement, the candidate shall demonstrate the following:

Qualification for the Vermont Speech Language Pathology License is a prerequisite for this endorsement. In addition, the candidate shall demonstrate the following knowledge and skills related to the practice of Speech Language Pathology in a public education setting:

Knowledge Standards:

2.1 Current state and federal laws, regulations, and procedures governing the referral, identification, evaluation, eligibility determination, educational placement, and accommodation of individuals with communication delays and disorders

2.2 The impact of receptive or expressive language delays or disorders (including hearing loss or auditory processing disorder) on the acquisition of literacy

2.3 The impact of communication delays and disorders on development across the domains and on the results of other forms of assessment (e.g., psychosocial, cognitive, or vocational)

2.4 Teaching strategies and accommodations which support the learning of individuals with communication delays and disorders, including instructional methodologies and augmentative or alternative communication systems that support language development and/or communication in all modalities

Performance Standards:

3.1 Applies appropriate screening and assessment measures to identify individuals with communication delays and disorders who are eligible for special services under federal and state regulations, using appropriate technologies as needed

3.2 Works collaboratively with teachers, parents/caregivers, and other professional personnel to design and implement, or supervise the implementation of, developmentally-appropriate educational plans for individuals with communication delays and disorders, including directly teaching, or supervising the teaching of, the communication skills essential to literacy development

3.3 Evaluates individuals' communication status and/or progress in relation to their educational plan goals and communicates information about their needs and progress clearly and effectively to parents and other school personnel, both orally and in writing

3.4 Acts as a case manager to ensure coordinated services for individuals with communication delays and disorders who are eligible for special services

3.5 Assists classroom teachers in accommodating individuals with communication delays and disorders within the regular classroom by identifying or developing educational materials or curricula, aspects of the classroom environment, teaching techniques, and/or classroom management techniques which support the educational and therapeutic needs of individuals with communication delays and disorders

3.6 Trains and supports family members and other communication partners of individuals with communication delays and disorders in techniques and/or strategies to enhance their communication effectiveness

3.7 Provides training and consulting services to teachers, administrators, and other school personnel regarding the implications of communication delays and disorders for learning, as well as modifications and/or accommodations to support the learning of these individuals

3.8 Collaborates with audiologists in the assessment of auditory processing disorders in cases in which there is evidence of speech, language and/or other cognitive-communication disorders; and provides or supervises the intervention for individuals with auditory processing disorders

3.9 Collaborates with teachers of English as a Second Language to enhance students' communication effectiveness

3.10 Trains and supervises support personnel according to American Speech Language Hearing Association (ASHA) guidelines for supervision

Clinical licensure as a Speech Language Pathologist in the state of Vermont

A minimum of a practicum in an educational setting in the diagnosis and management of individuals with communication delays and disorders under the supervision of a licensed Educational Speech Language Pathologist or ASHA certified Speech Language Pathologist.

5440-42. Educational Technology Specialist.

(Revised June 2018)

The holder is authorized to plan and implement instruction and evaluate student learning in the use and integration of educational technologies in grades PK-12.

In order to qualify for this endorsement, the candidate shall demonstrate the following:

Knowledge Standards:

1.1. Demonstrates knowledge of topics, concepts, and skills essential to the effective integration of technology in the teaching and learning process, as delineated in current national professional standards, including but not limited to the International Society for Technology in Education (ISTE) Standards for Coaches:

1.1.1. The history and cultural significance of educational technologies and the impact of educational technology on learning, today's society, cultural diversity, and sustainability

1.1.2. Methods to address content standards and student technology standards through the integration of technology

1.1.3. Identifying strategies for initiating and sustaining technology innovations and managing the change process in schools and classrooms

1.1.4. Ways technology can be used to implement high-quality, standards-based curriculum, instruction, and assessment in all content areas, including instructional design principles that rely upon research-based learning theories to guide the use of computers and other technologies in education

1.1.5. Knowledge of current innovative, and effective educational technologies and pedagogies, including those that support online and blended learning, collaborative processes, and support the diverse needs and interests of students

1.1.6. Strategies and theories for supporting all students in the integration of technology including Assistive Technology and Universal Design for Learning

Performance Standards:

2.1. Guides the effective integration of technology throughout all areas of the school's curriculum as delineated in Vermont's Framework of Standards and Learning Opportunities. Specifically, the Educator:

2.1.1. Visionary Leadership

2.1.1.1 Contributes to the development, communication, and implementation of a shared vision for the comprehensive use of technology to support a digital-age education for all students by advocating for policies, procedures, programs, and funding strategies to support implementation of the digital learning plan

2.1.2. Teaching, Learning, and Assessments

2.1.2.1 Collaborate with teachers and model the design and implementation of technology-enhanced learning experiences using a variety of research based, learner-centered instructional strategies and assessment tools to address the diverse needs and interests of all students

2.1.2.2 Collaborate with teachers and model the effective use of technology tools and resources to continuously assess student learning and student ability to choose and use appropriate technology

2.1.2.3 Collaborate with teachers and model the effective use of technology tools and resources to collect and analyze student achievement data, interpret results, and communicate findings to inform instructional practice and maximize student learning

2.1.3. Digital Age Learning Environments

2.1.3.1 Collaborate with teachers and model the use of online and blended learning, digital content, and collaborative learning networks to support and extend student learning as well as expand opportunities and choices for online professional development for teachers, administrators, and staff

2.1.3.2 Collaborate with teachers and administrators to select and evaluate digital tools and resources that enhance teaching and learning and are compatible with the school technology infrastructure

2.1.3.3 Research and recommend the use of adaptive and assistive technologies to support student learning in coordination with a student support team

2.1.3.4 Troubleshoot basic technology problems common in digital learning environments

2.1.4. Developing Professional Learning

2.1.4.1 Design, develop, and implement technology-rich professional learning programs that model principles of adult learning and promote digital age best practices in teaching, learning, and assessment

2.1.5. Digital Citizenship

2.1.5.1 Model and promote strategies for achieving equitable access and ethical use of digital tools and resources and technology-related best practices for all students and teachers.

5440-00. Elementary Education.

(Revised March 2013, Reviewed June 2018 to revise the instructional range)

The holder is authorized to teach grades K-6. Upon the request of a Superintendent the VSBPE or office can extend the instructional range and issue a K-8 restricted license for a particular location if the individual is working in a PK/K-8 school.

The candidate shall demonstrate the following knowledge and performance standards for four major content areas of the elementary curriculum in conjunction with the Vermont Core Teaching Standards. This requires elementary teachers to develop and implement appropriate instruction so that all students have access to a high-quality curriculum, effective teaching and learning, high expectations, and the support and resources needed to maximize their learning potential. This also requires teachers to hold themselves and their colleagues accountable for the success of every student and for their personal and collective professional growth toward effective teaching and learning. In order to qualify for this endorsement, teachers must show evidence of the following:

English Language Arts Knowledge Standards

1.1. The Educator demonstrates knowledge of research-based principles and processes underlying literacy development, and the components of effective instruction, as reflected in the standards approved by the State Board of Education for students. Specifically, the Educator understands:

1.1.1. Foundational Skills

-- The developmental progression of print concepts phonological and phonemic awareness fluency phonics and word recognition

-- The factors that influence fluency

-- The developmental stages of spelling and morphological awareness

1.1.2. Development of Oral Language and Literacy

-- The development of emergent and early literacy processes principles and dimensions of oral language and stages of second language acquisition

-- The impact of physical emotional and cultural factors on language development and acquisition of reading and writing the relationship between oral language development and literacy development

1.1.3. Literature, Informational Text, and Media

-- The quantitative and qualitative dimensions used to measure text complexity levels

-- Text structures genre features and critical reading strategies for text analysis

-- Techniques for incorporating fine and performing arts as expressions of human emotion culture communication and as vehicles for enhancing learning opportunities across the curriculum

1.1.4. Speaking and Listening

-- The elements of effective verbal and non-verbal communication in a variety of settings for a variety of purposes including grammar and usage point of view reasoning and effective use of evidence and rhetoric

1.1.5. Vocabulary Development

-- The purposes of language and approaches to analyzing language

-- Vocabulary development and its relationship to literacy acquisition

-- Knowledge of the distinction between general academic and domain specific vocabulary

-- Strategies to determine word meaning (i.e. contextual and morphological analysis)

1.1.6. Reading Comprehension

-- Reading as the process of constructing meaning through interactions with text factors that influence comprehension

-- Typical elements and features of literature and informational texts and how readers' awareness of these features supports comprehension

-- Cognitive and metacognitive strategies and instructional approaches for supporting reading comprehension

1.1.7. Written Expression

-- Writing as symbolic representation; the stages of early writing development; the writing process including appropriate planning organization and style for task purpose and audience

-- The characteristics of quality writing and types of writing including but not limited to narratives informational text and arguments focused on domain specific content

-- The conventions of written English (i.e., grammar, usage, mechanics, punctuation, and spelling)

-- Methods for conducting research to build and present knowledge the process of citing evidence from multiple sources

English Language Arts Performance Standards

2.1. The Educator implements a language arts curriculum that is responsive to the individual needs of students by designing interdisciplinary instruction that provides students with the communication skills necessary to understand and influence their own lives and to learn about the world. Specifically, the Educator:

2.1.1. Foundational Skills

-- Uses a variety of explicit and interactive approaches to assess and teach foundational skills including concepts of print phonological awareness fluency phonics and word recognition

-- Uses instructional strategies to help students apply skills in authentic reading and writing tasks

2.1.2. Development of Oral Language and Literacy

-- Uses active instructional strategies to promote various dimensions of oral language development

-- Facilitates conversation and collaboration

2.1.3. Literature, Informational Text, and Media

-- Uses a wide variety of fiction and non-fiction textual materials including digital texi-and student self-selected material to increase students' motivation to read independently for information pleasure and personal growth

-- Purposefully select a wide variety of quality developmentally and instructionally appropriate texts across genres eras perspectives and cultures

-- Selects and reads quality literature and informational text aloud and applies critical thinking skills and tools of analysis to facilitate discussions of central themes and ideas

-- Integrates visual information and technology with authentic reading writing speaking and listening tasks

-- Teaches students how to identify and analyze the credibility of print and nonprint communications

2.1.4. Speaking and Listening

-- Models and teaches the elements of effective verbal and non-verbal communication;

-- Models and facilitates active listening conversations and collaborations

-- Models effective methods of discourse

2.1.5. Vocabulary Development

-- Employs effective instructional strategies for the development of general academic and domain specific vocabulary to improve the quality of comprehension and communication

2.1.6. Reading Comprehension

-- Provides explicit instruction in how to use cognitive and metacognitive reading strategies flexibly to understand analyze and interpret a variety of texts

-- Provides opportunities for students to cite evidence from text to support conclusions when responding to literature and informational text orally and in writing

-- Models how to interpret author's purpose craft point of view and rhetoric

-- Provide opportunities to distinguish fact opinion and reasoned judgment in a text;

-- Encourages students to makes connections between reading writing and literacy across content areas

2.1.7. Written Expression

-- Provides opportunities that are developmentally appropriate for writers to learn that print carries meaning to practice writing with purposefully and to apply sound-symbol relations in written tasks

-- Promotes high quality writing using a variety of instructional strategies and topics to teach structures and composition

-- Uses exemplars as instructional models for all types of composition (i.e. creative/narrative informational/expository and opinion/argumentative)

-- Models and teaches appropriate conventions of English

-- Implements strategies to build fluency accuracy and automaticity in written communication

-- Models methods of conducting short and sustained research to build and present knowledge

-- Employs a range of instructional approaches to support writing across the content areas

-- Employs instruction in proper letter formation.

Social Studies Knowledge Standards

3.1. The Educator demonstrates knowledge of the historical and social science content, concepts, and skills of history, government, geography, and economics, as reflected in the standards approved by the State Board of Education for students. Specifically, the Educator understands concepts and processes related to the four core disciplines within social studies and social studies inquiry, including skills related to

-- Developing questions and planning inquiries

-- Applying disciplinary concepts and tools

-- Evaluating sources and using evidence including data

-- Communicating conclusions

-- Civic engagement

3.1.1. History

-- Major developments and significant events and perspectives in U.S. and regional history and how they are relevant to life in the twenty-first century

-- Major eras events and perspectives in the development of world civilization

3.1.2. Civics

-- Major concepts and processes of local and national government including features and concepts of the social contract citizenship and civic responsibility in a democratic society and how to engage in the government process and advocate for a particular cause that benefits society

3.1.3. Geography

-- Major features and processes of cultural and physical geography including physical and human environmental interactions

-- Map reading and creation

-- Human population trends migrations

-- How people of different cultural backgrounds interact with their environment family neighborhoods and communities

-- Current events

-- Global interconnections

3.1.4. Economics

-- Basic principles of economic decision-making the local national and global economy and how they relate to historical and contemporary issues

Social Studies Performance Standards

4.1. The Educator implements history and social sciences curriculum by designing interdisciplinary units of instruction that integrate social studies skills and content and enables development of the habits of mind that support inquiry within social studies specifically the Educator

4.1.1. Models how historians, geographers, and other social scientists view research analyze and interpret the world

4.1.2. Incorporates instructional activities that enable students to make connections among themselves their classroom their community their environment and the larger world by sharing and experiencing community-based service by exploring content and texts that represent the varied perspectives of people currently and historically by participating in the arts and by reading informational texts

4.1.3. Recognizes common historical preconceptions

-- Predicts and seeks out likely student misconceptions

-- Proactively plans to address and correct those misconceptions

4.1.4. Provides opportunities for students to

-- Examine and interpret historical and contemporary events and issues using historical geographical and social science research methods tools and technologies including accessing and using local historical resources and data

4.1.5. Creates or adopts instructional and assessment tasks that teach students to:

-- Analyze and interpret primary and secondary sources

-- Identify webs of cause and effect

-- Differentiate between fact opinion and interpretation

-- Develop claims with supportive evidence

4.1.6. Integrates strategies for identifying and analyzing central ideas assumptions and questions in social studies resources and for seeking out and respecting multiple perspectives during social studies inquiry

Math Knowledge Standards

The Educator demonstrates knowledge of the standards for school mathematics. These standards, cited from the National Council of Teacher of Math, describe the mathematical understanding knowledge and skills that students should acquire from prekindergarten through the grades. Each Standard consists of two to four specific goals that apply across all the grades.

5.1. Numbers and Operations

-- Understand numbers ways of representing numbers relationships among numbers and number systems

-- Understand meanings of operations and how they relate to one another

-- Compute

5.2. Algebra

-- Understand patterns relations and functions

-- Represent and analyze mathematical situations and structures using algebraic symbols

-- Use mathematical models to represent and understand quantitative relationships

-- Analyze change in various contexts

5.3. Geometry

-- Analyze characteristics and properties of two-and three-dimensional geometric shapes and develop mathematical arguments about geometric relationships

-- Specify locations and describe spatial relationships using coordinate geometry and other representational systems

-- Apply transformations and use symmetry to analyze mathematical situations

-- Use visualization spatial reasoning and geometric modeling to solve problems

5.4. Measurement

-- Understand measurable attributes of objects and the units systems and processes of measurement

-- Apply appropriate techniques tools and formulas to determine measurements

5.5. Data and Probability

-- Formulate questions that can be addressed with data and collect organize and display relevant data to answer them

-- Select and use appropriate statistical methods to analyze data

-- Develop and evaluate inferences and predictions that are based on data

-- Understand and apply basic concepts of probability

Math Performance Standards

The Educator implements these standards through

6.1. Problems Solving

-- Building new mathematical knowledge through problem solving

-- Solving problems that arise in mathematics and in other contexts

-- Applying and adapt a variety of appropriate strategies to solve problems

-- Monitor and reflect on the process of mathematical problem solving

6.2. Reasoning and Sense Making

-- Recognize reasoning and proof as fundamental aspects of mathematics

-- Making and investigating mathematical conjectures

-- Developing and evaluating mathematical arguments and justifications

-- Selecting and using various types of reasoning and methods of justification

6.3. Communication

-- Organizing and consolidating their mathematical thinking through communication

-- Communicating their mathematical thinking coherently and clearly to peers' teachers and others

-- Analyzing and evaluating the mathematical thinking and strategies of others;

-- Using the language of mathematics to express mathematical ideas precisely

6.4. Connections

-- Recognize and use connections among mathematical ideas

-- Understand how mathematical ideas interconnect and build on one another to produce a coherent whole

-- Recognize and apply mathematics in contexts outside of mathematics

6.5. Representation

-- Creating and using representations to organize record and communicate mathematical ideas

-- Select apply and translate among mathematical representations to solve problems

-- Use representations to model and interpret physical social and mathematical phenomena

Science Knowledge Standards

7.1. The Educator demonstrates scientific knowledge that supports the development of scientific proficiency in both science as a body of knowledge and science as a process This includes

-- The development of students' scientific thinking

-- The scientific inquiry process

-- The engineering design cycle and the skills of science and engineering design process and application within the following domains

-- life sciences physical sciences earth and space sciences and engineering as reflected in the standards approved by the State Board of Education for students

7.1.1. Specifically, the Educator understands the central practices of scientists and engineers including

-- Asking questions in sciences and defining problems in engineering

-- Developing and using models

-- Planning and carrying out investigations

-- Analyzing and interpreting data

-- Using mathematics and computational thinking

-- Constructing explanations in science and designing solutions in engineering

-- Engaging in argument from evidence

-- Obtaining evaluating and communicating information

7.1.2. How science is related to other ways of knowing including

-- How science and technology affect our society

-- The relationship of scientific study to contemporary historical technological and societal issues and how the concepts and processes of science pertain to current controversies

7.1.3. Crosscutting concepts across disciplines including

-- Patterns

-- Cause and effect

-- mechanism and explanation

-- scale proportion and quantity

-- systems and system models

-- energy and matter

-- flows cycles and conservation

-- structure and function

-- and stability and change

7.1.4. Physical Science

-- Fundamental concepts including the structure properties and interactions of matter

-- Force and motion

-- Energy waves and their interactions with matter

7.1.5. Life Science

-- Fundamental concepts including

-- The structures and processes of molecules and organisms

-- Ecosystems and their interactions energy and dynamics

-- Heredity inheritance and variation of traits

-- Biological evolution unity and diversity

7.1.6. Earth and Space Science

-- Fundamental concepts including

-- earth's place in the universe

-- the solar system

-- earth's history

-- earth's materials and systems

-- weather and climate

-- earth and human activity

7.1.7. Engineering Design Process and Application

-- Fundamental concepts and applications of science including

-- engineering design and design solutions

-- the interdependence and influence of science engineering and technology on society and the natural world

Science Performance Standards

8.1. The Educator implements science curricula by designing interdisciplinary units of instruction that integrate skills and content and enable development of the habits of mind that support effective scientific inquiry specifically the Educator

8.1.1. Models how scientists and engineers work

8.1.2. Provides opportunities for students to

-- Locate appropriate resources

-- Design and conduct inquiry-based open-ended scientific investigations

-- Solve specific engineering challenges

-- Interpret findings communicate results/solutions in words pictures and with graphical representations

-- Make conclusions based on evidence

8.1.3. Designs a variety of activities so that all students use inquiry to

-- Learn about the world

-- Design and conduct investigations using appropriate methodology and technology

-- Learn from books and other sources of information

-- Communicate their findings using appropriate technology

-- Reconstruct previously learned knowledge

8.1.4. Understands and maintains safe science practices including but not limited to the ethical and appropriate use and care for living organisms and scientific equipment and the safe storage use and disposal of chemicals

8.1.5. Recognizes common prescientific notions and preconceptions

-- Predicts likely student misconceptions and proactively plans to address and correct those misconceptions

8.1.6. Creates a spectrum of scientific investigations for students including simple investigations and experiments in the classroom using everyday materials field studies outside the classroom and student-designed investigations

8.1.7. Structures integrated lessons using crosscutting concepts

A minimum of a practicum or the equivalent in elementary education at both the primary (K-2) and upper elementary (3-6) instructional levels is required
REQUIRED TESTING: Praxis II Subject Assessment in Elementary Education - Test Code 5001 series (5002-5005)

5440-05. English.

(Revised March 2017)

The holder is authorized to teach English language arts in grades 7-12.

In this endorsement, the word "text" refers to a variety of media including print and nonprint, multimedia, and multi-modal text.

Content Knowledge

Educators demonstrate knowledge of English Language Arts subject matter content that specifically includes literature and multimedia texts as well as knowledge of the nature of adolescents as readers.

1.1. Educators are knowledgeable about text--print and nonprint texts, various forms of media, multimodal texts, and classic and contemporary texts, including young adult literature--that represent a range of world literatures, historical traditions, genres, and the experiences of different genders, ethnicities, and social classes.

1.2. Educators interpret, analyze, and critique a range of texts, including use of literary theories (e.g. Feminism) and literary devices (e.g. symbolism).

1.3. Educators are knowledgeable about how adolescents read various text types and know how to recommend and select texts that reflect students' cultures and interests or expose students to new perspectives.

Educators demonstrate knowledge of English Language Arts subject matter that specifically includes language and writing as well as knowledge of adolescents as language users.

2.1. Educators can compose a range of formal and informal, written and digital texts taking into consideration the interrelationships among form, audience, context, and purpose.

2.2. Educators are knowledgeable about how adolescent writers compose texts through a recursive process.

2.3. Educators can use contemporary technologies to compose text (e.g., various digital platforms, video, etc.)

2.4. Educators know the conventions of English language (grammar, usage, and mechanics) as they relate to various forms, audience, context, and purpose.

2.5. Educators understand the impact of language on society and recognize that language continues to evolve.

Content Pedagogy: Planning Literature and Reading Instruction in ELA

Educators plan instruction and design assessments for the reading and study of literature and other text types that promote learning for all students.

3.1. Educators use their knowledge of theory, research, and practice in English Language Arts to plan standards-based, coherent, relevant, and authentic learning experiences that utilize a range of texts--across genres, periods, forms, authors, cultures, and various forms of media.

3.2. Educators demonstrate their knowledge of English Language Arts instructional strategies that are motivating and accessible to all students, including English language learners, students with special needs, students from diverse language and learning backgrounds, those designated as high achieving, and those at risk of failure.

3.3. Educators design a range of authentic assessments (e.g., formal and informal, formative and summative) of reading and literature that demonstrate an understanding of how learners develop and that address interpretive, critical, and evaluative literacy skills.

3.4. Educators utilize a variety of reading strategies to guide students' comprehension, fluency, analysis, and interpretation.

3.5. Educators design or knowledgeably select appropriate reading assessments to gather data about student interests, reading proficiencies, and reading processes in order to adjust and/or target instruction, flexibly group students, and match students with reading materials.

3.6. Educators can evaluate texts by qualitative and quantitative means (e.g., text features, vocabulary, levels of meaning, structure, literary elements, themes) in order to match text to readers and scaffold and plan instruction.

3.7. Educators integrate curriculum and incorporate interdisciplinary teaching methods and materials.

3.8. Educators plan instruction that facilitates the understanding of the meaning of words and phrases as they are used in the text, including figurative and connotative meanings; analyze the impact of specific word choices on meaning and tone, including words with multiple meanings or language that is particularly fresh, engaging, or beautiful.

3.9. Educators plan instruction that facilitates analyses of authors' structural choices for specific parts of a text (e.g., the sentence structure, features of a text, the choice of where to begin or end a story, the choice to provide a comedic or tragic resolution) contribute to the text's overall structure and meaning and aesthetic impact.

3.10. Educators plan learning experiences that foster interest in reading as a way for students to understand and influence their own lives and to learn about the world, including exploring personal identity and social relationships, making ethical judgments, and critically evaluating ideas.

Content Pedagogy: Planning Writing Instruction in ELA

Educators plan instruction and design assessments for composing texts (i.e., oral, written, and visual) to promote learning for all students.

4.1. Educators use their knowledge of theory, research, and practice in English Language Arts to plan standards-based, coherent and relevant composing experiences that utilize individual and collaborative practices and contemporary technologies.

4.2. Educators employ a variety of instructional approaches to writing processes and strategies to support their intended purpose, audience and modalities.

4.3. Educators apply their understanding of writing as a recursive process by including multiple opportunities for students to confer, reflect, receive feedback and revise their work.

4.4. Educators develop ongoing assessments that are appropriate to the writing task and are consistent with current research and theory.

4.5. Educators provide opportunities and resources that empower students to become independent, engaged writers.

4.6. Educators design instruction in the strategic use of language conventions (grammar, usage, and mechanics) in the context of students' writing.

4.7. Educators design instruction that enables students to skillfully control their rhetorical choices and language practices for a variety of audiences and purposes.

4.8. Educators design instruction that incorporates students' home and community languages to enable skillful control over their rhetorical choices and language practices.

Understanding and Engaging Learners

Educators use data about their students' individual differences, identities, and funds of knowledge for literacy learning to guide students to think of literacy as a way to construct and discover the self, other, and world as they explore who they are as literate citizens.

5.1. Educators value the humanities and provide opportunities for students to identify the impact the humanities have on society.

5.2. Educators value multiple literacies (i.e. musical, critical, media) and encourage students to use their strengths to explore and represent their knowledge.

5.3. Educators help students develop as critical evaluators and consumers of content.

5.4. Educators encourage students to be creators and not just consumers of content.

5.5. Educators create opportunities for self-directed and inquiry-based learning.

5.6. Educators provide multiple pathways for students to learn and demonstrate proficiency of ELA competencies.

5.7. Educators empower students to choose texts and genres to demonstrate proficiency of ELA competencies.

5.8. Educators remain current on Vermont education initiatives and consider how they are applicable to ELA instruction and assessment.

Professional Knowledge and Skills

Educators demonstrate evolving knowledge of how theories and research about social justice, diversity, equity, student identities, and schools as institutions can enhance students' opportunities to learn in English Language Arts.

6.1. Educators plan and implement English Language Arts and literacy instruction that promotes social justice and critical engagement with complex issues related to maintaining a diverse, inclusive, equitable society.

6.2. Educators use knowledge of theories and research to plan ELA instruction responsive to students' local, national and international histories, individual identities (including race, ethnicity, gender expression, age, appearance, ability, spiritual belief, sexual orientation, socioeconomic status, and community environment), and languages/dialects.

6.3. Educators recognize the value of engaging the broader community and know when and how to link the classroom and community.

Educators demonstrate evolving knowledge of how theories and research in pedagogical content knowledge can enhance students' opportunities to learn in English Language Arts.

7.1. Educators are prepared to engage in leadership and collaborative roles in English Language Arts professional learning communities, and actively develop as professional Educators.

7.2. Educators engage in and reflect on the changing uses and modes of technology related to ELA instruction and assessment.

A major in English, Comparative Literature, Creative Writing, or the equivalent in undergraduate and/or graduate coursework; A minimum of a practicum, or the equivalent, at the middle/secondary level (7-12) in an endorsement that requires competency with the Vermont Core Teaching Standards.
REQUIRED TESTING: Praxis II Subject Assessment in English - Test Code 5039

5440-09. Family and Consumer Sciences.

(Revised June 2018)

The holder is authorized to teach family and consumer sciences in grades 5-12 in middle and high schools.

In order to qualify for this endorsement, the candidate shall demonstrate the following:

Knowledge Standards:

Demonstrates knowledge of family and consumer sciences education concepts and skills delineated in current national professional standards including standards from the National Association of State Administrators of Family and Consumer Sciences and Jump$tart.

1.1. Personal Development & Life Planning: Personal development, life planning, and career exploration skills, including Vermont's Transferable Skills

1.2. Nutrition, Wellness & Food Science: Principles of food science, food, sustainability and nutrition, and their relationship to growth, development, health, and wellness

1.2.1. Understanding of nutrition principles, preparation techniques and dietary plans over the lifetime

1.2.2. Understanding of biological, chemical and physical properties of food and food preservation methods

1.2.3. Understanding of kitchen lab maintenance and related equipment supplies

1.2.4. Understanding of food production and distribution

1.3. Consumer & Resource Management: Principles and practices of consumer resource management relative to human, material, and environmental factors, with emphasis on financial literacy

1.3.1. Including strategies to monitor income and expenses

1.3.2. Planning for spending and saving for future goals

1.3.3. Management of individual and family resources such as food, clothing, housing, health care, recreation and transportation

1.4. Family & Interpersonal Relationships: Changing roles and needs of individuals in the context of relationships with others and within the family system; multiple factors influencing the wellbeing of families and interpersonal relationships including economic, environmental, gender, sexuality, and legal issues

1.5. Parenting & Human Development: Human growth and development, with emphasis on early childhood development; parent/guardian roles and responsibilities

1.6. Clothing, Textiles, & Related Arts: Historical, cultural, social, and other factors influencing fashion trends and individual apparel needs; clothing and textile characteristics, design, construction, and maintenance

Performance Standards:

Implements a comprehensive family and consumer sciences curriculum that integrates content and process standards and enables students to acquire the knowledge, skills, and attitudes that will assist them in their personal, family, and career lives.

Specifically, the Educator:

2.1. Plans, delivers, and evaluates research-based instruction that incorporates national and state standards, and student, family, community, and societal needs

2.2. Facilitates instruction which includes the following: analysis of recurring and evolving family, workplace, and community concerns; application of scientific inquiry to test theories and gain factual knowledge on which to base judgments; and use of reasoning processes, individually and collaboratively, to take responsible and ethical action for self, others, and society

2.3. Creates activities which enable students to apply their knowledge of Family and Consumer Sciences to make informed decisions

2.4. Plans, organizes, and manages classroom laboratory experiences in accordance with state and national safety guidelines, with emphasis on equipment and food safety

2.5. Collaborates with colleagues, families, and community members to maximize instructional resources and effectiveness

5440-30. Health Education.

The holder is authorized to teach health education in grades PK-8, 5-12, or PK-12, as specified on the endorsement.

The candidate shall demonstrate knowledge of Vermont statutes (Vermont Act 1, V.S.A 16: 131, 906, 136, and the Education Quality Standards (e.g., proficiency- based learning, personalized learning, and flexible pathways) that guide comprehensive health education in Vermont, as well as policies that relate to the school setting

In order to qualify for this endorsement, the candidate shall demonstrate the following:

Knowledge Standards:

2.1. Demonstrates knowledge of health and health education concepts and skills delineated in current national professional standards, in SHAPE America - National Standards for Initial Health Education Teacher Education (2018) and in National Health Education Standards, Center of Disease Control (CDC) Health Education Curriculum Analysis Tool (HECAT) and National Sexuality Education Standards including:

2.2. Process for implementing teaching skills-based Health Education

2.3. Teaching Health Skills (Interpersonal communication, media literacy, advocacy, analyzing influences, decision-making, goal setting, and accessing health information, products, and services)

2.4. Human development, including the typical progression of early childhood through early adolescent development (for PK-8) and/or early adolescent through adult growth and development (for 5-12), and age-appropriate indicators of intellectual, physical, social and emotional health for each stage of development

2.5. Human body structure and functioning

2.6. Personal health (mental, physical, social intellectual, and the value of annual well care visits and healthful stress maintenance skills)

2.7. Nutrition (basic nutrition concepts, nutrient needs, dietary guidelines for Americans, and common nutritional problems of children and adults, including disordered eating)

2.8. Physical activity (the health benefits of physical activity, research on physical activity and academic performance, factors that influence participation in physical activity, and strategies for collaborating with physical education colleagues to promote physical activity)

2.9. Disease (etiology of diseases, including their origins, progression, diagnosis, treatment, and prevention, [e.g. immunizations] HIV/AIDS and other sexually transmitted infections)

2.10 Intentional and unintentional injury prevention (safety issues and violence prevention, including bullying harassment, sexual abuse, and physical and mental/emotional trauma)

2.11 Alcohol, tobacco, marijuana, and other drugs (physiological, psychological, and sociological effects of substance use and abuse on the individual, family, and society; legal issues; and curriculum and teaching strategies for effective substance abuse prevention)

2.12 Family health and comprehensive sexuality education (issues of human growth and development, families, relationships, reproductive health, abstinence, premature sexual activity, contraception, adolescent pregnancy, childbirth, adoption, and abortion)

2.13 Community and consumer health (media literacy, advocacy, and accessing health information, products, and services)

Performance Standards

3.1. Planning: Plan relevant and meaningful school health education instruction and programs that are sequential and aligned with national standards and leads students to health education proficiency

3.1.1. Collect and analyze data (e.g., Youth Risk Behavior Survey, School Health Index results) to plan relevant school health instruction and programs that meet the diverse needs of all learners and the community.

3.1.2. Design a logical scope and sequence of meaningful, comprehensive and challenging learning experiences that meet the diverse needs of all learners.

3.1.3. Construct measurable, developmentally appropriate, performance-based objectives that are aligned with the national standards.

3.1.4. Plan instruction that facilitates skill development and application of functional health knowledge for all learners.

3.1.5. Collaborate and design health education instruction and programs that integrate components of the Whole School, Whole Community, and Whole Child (WSCC) Model.

3.1.6. Plan instruction that incorporates technology, media and other appropriate resources in order to enhance student's digital literacy and to engage all learners

3.2. Implementation: Implement a range of school health education proficiency- based learning instructional strategies, while incorporating technology, to support student learning.

3.2.1. Use a variety of instructional strategies to facilitate students' development of health-related skills and their application of functional health knowledge in order to meet the needs of all students.

3.2.2. Implement instructional strategies that incorporate technology, media and other appropriate resources to enhance student learning and engage all learners.

3.2.3. Implement instructional strategies that support all learners regardless of race, ethnic origin, gender, gender identity, gender expression, sexual orientation, religion, cognitive ability or physical ability, in order to create and sustain a productive, inclusive and supportive learning environment.

3.2.4. Apply communications skills, feedback and classroom management strategies equitably to promote a safe, inclusive and supportive learning environment that meets the needs of all learners.

3.2.5. Reflect on student learning outcomes and instructional practices, and adjust lessons to meet the needs of all learners.

3.3. Assessment: Use multiple methods of assessment to plan instruction, engage all learners, monitor learner progress, provide meaningful feedback, and reflect on and adjust units and lessons to enhance the acquisition of functional health knowledge and health skills proficiency for all learners.

3.3.1. Analyze and select assessment strategies, tools, and technologies to determine their appropriateness for enhancing learning of all students.

3.3.2. Implement a variety of formative and summative assessments, aligned with proficiency-based learning principles, that measure and monitor students' progress, and to accommodate the needs of all students.

3.3.3. Use assessment data to plan instruction, analyze student learning, reflect on implementation practices, provide meaningful feedback and adjust units and lessons so they meet the needs of all students.

3.4. Advocates for health education as an essential component of the school community that supports the diverse needs of all learners and contributes to the school's mission.

Current certificates in First Aid, cardiopulmonary resuscitation (CPR), and the use of an Automated External Defibrillator (AED).
A minimum of a practicum, or the equivalent, in health education at the elementary (PK-8) or middle/secondary (5-12) instructional level, depending on the authorization sought. For the full PK-12 authorization, a minimum of a practicum, or the equivalent, in health education at both the PK-6 and 7-12 instructional levels is required.
REQUIRED TESTING: Praxis II Subject Assessment: Health

5440-81. Intensive Special Education Teacher.

(Revised August 2015)

The holder is authorized to provide comprehensive special education services, in any public education setting, to individuals age 3 through 21 with intensive special needs, as defined in federal regulations pertaining to special education eligibility. The holder is authorized to provide or oversee the provision of instructional services and to collaborate with an interdisciplinary team to design, implement, and evaluate educational plans and accommodations for individuals with intensive special needs.

Learner Development and Individual Learning Differences

1.1 Special Educators understand how exceptionalities may interact with development and learning and use this knowledge to support learning experiences for individuals with exceptionalities. Specifically, they:

1.1.1 understand how language, culture, and family background influence the learning of individuals with exceptionalities.

1.1.2 use understanding of development and individual differences to respond to the needs of individuals with exceptionalities.

1.1.3 demonstrate a dedication to helping students achieve college and career readiness

1.2 Intensive Needs Special Educators this includes the following knowledge standards:

1.2.1 Medical aspects and implications for learning for students with intensive needs

1.2.2 Core and associated characteristics of students with intensive needs

1.2.3 Co-existing conditions and ranges that exist at a higher rate than in the general population

1.2.4 Sensory challenges of students with intensive needs

1.2.5 Speech, language, and communication of students with intensive needs

1.2.6 Adaptive behavior needs of students with intensive needs

1.2.7 Impact of theory of mind, central coherence, and executive function on learning and behavior

1.2.8 Impact of neurological differences on learning and behavior

1.2.9 Impact of self-regulation on learning and behavior

Learning Environments

2.1 Special Educators create safe, inclusive, culturally responsive learning environments so that individuals with exceptionalities become active and effective learners and develop emotional well-being, positive social interactions, and self-determination. Specifically, they:

2.1.1 collaborate with academic teams and other colleagues to create safe, inclusive, culturally responsive learning environments to engage individuals with exceptionalities in meaningful learning activities and social interactions.

2.1.2 use motivational and instructional interventions to support individuals with exceptionalities how to adapt to different environments.

2.1.3 know how to intervene safely and appropriately with individuals with exceptionalities in crisis.

2.2 For Intensive Needs Special Educators this includes the following Performance Standards:

2.2.1 Plan instruction for independent functional life skills and adaptive behavior

2.2.2 Plan and implement instruction and related services for students with intensive needs that is both age-respectful and ability-appropriate

2.2.3 Use specialized instruction to enhance social participation across environments

2.2.4 Plan systematic instruction based on learner characteristics, interests, and ongoing assessment

2.2.5 Understand that social needs extend beyond the classroom and students with intensive special needs may need more focused efforts to engage socially with the school community and beyond through extracurricular and other out of classroom activities

Curricular Content Knowledge

3.1 Special Educators use knowledge of general and specialized curricula to support individualized learning for individuals with exceptionalities. Specifically, they:

3.1.1 understand the central concepts, structures of the discipline, and tools of inquiry of the content areas they teach, and can organize this knowledge, integrate cross-disciplinary skills, and develop meaningful learning progressions for individuals with exceptionalities.

3.1.2 understand and use general and specialized content knowledge for teaching across curricular content areas to individualize learning for individuals with exceptionalities.

3.1.3 support general and specialized curricula to make them accessible to individuals with exceptionalities.

3.1.4 have knowledge of current student learning standards and relevant state and national education initiatives.

3.1.5 consider needs of students based on their demonstrated proficiencies and help students achieve those needs through personalized instruction.

3.2 Intensive Needs Special Educators this includes the following knowledge standards:

3.2.1 Evidence-based career/vocational transition programs for students with intensive Needs

3.3 Intensive Needs Special Educators this includes the following performance Standards

3.3.1 Provide pragmatic language instruction that facilitates social skills

3.3.2 Provide students with intensive needs strategies to avoid and repair miscommunications

3.3.3 Plan instruction for independent functional life skills and adaptive behavior

3.3.4 Plan and implement academic instruction and related services for students with intensive needs that is aligned to grade level content, age-respectful, and entry- level appropriate to a student's ability

3.3.5 Use specialized instruction to enhance social participation across environments

3.3.6 Plan systematic instruction based on learner characteristics, interests, and ongoing assessments

Assessment

4.1 Special Educators use multiple methods of assessment and data-sources in making educational decisions. Specifically, they:

4.1.1 select and use technically sound formal and informal assessments that minimize bias.

4.1.2 use knowledge of measurement principles and practices to interpret assessment results and guide educational decisions for individuals with exceptionalities.

4.1.3 collaborate with colleagues and families using multiple types of assessment information in making decisions about individuals with exceptionalities.

4.1.4 engage individuals with exceptionalities to work toward quality learning and performance and provide feedback to guide them.

4.2 Intensive Needs Special Educators includes the following knowledge standards:

4.2.1 specialized terminology used in the assessment of students with intensive needs

4.2.2 Assessments of environmental conditions that promote maximum performance of students with intensive needs

4.2.3 Components of assessment for the core areas for students with intensive needs

4.2.4 Individual strengths, skills and learning styles

4.3 Intensive Needs Special Educators includes the following knowledge standards:

4.3.1 Select, adapt and use assessment tools and methods to accommodate the abilities and needs of students with intensive needs

4.3.2 Develop strategies for monitoring and analyzing challenging behavior and its communicative intent

4.3.3 Conduct functional behavior assessments that lead to development of behavior support plans

Instructional Planning & Strategies

5.1 Special Educators select, adapt, and use a repertoire of evidence-based instructional strategies (including intervention used in academic and specialized curricula) to advance learning of individuals with exceptionalities. Specifically, they:

5.1.1 consider an individual's abilities, interests, learning environments, and cultural and linguistic factors in the selection, development, and adaptation of learning experiences for individual with exceptionalities.

5.1.2 use technologies to support instructional assessment, planning, and delivery for individuals with exceptionalities.

5.1.3 demonstrate familiarity with augmentative and alternative communication systems and a variety of assistive technologies to support the communication and learning of individuals with exceptionalities.

5.1.4 use strategies to enhance language development and communication skills of individuals with exceptionalities

5.1.5 support a variety of education and transition plans for individuals with exceptionalities across a wide range of settings and different learning experiences in collaboration with individuals, families, and teams.

5.1.6 support mastery and promote generalization of learning.

5.1.7 teach cross-disciplinary knowledge and skills such as critical thinking and problem solving to individuals with exceptionalities.

5.2 Intensive Needs Special Educators includes the following knowledge and skill standards:

5.2.1 specialized curriculum designed to meet the needs of students with intensive needs

5.2.2 Evidence-based career/vocational transition programs for students with intensive needs

5.3 Intensive Needs Special Educators include the following performance standards:

5.3.1 match levels of support to changing needs of the individual

5.3.2 implement instructional programs that promote effective communication skills using verbal and augmentative/alternative communication systems for students with intensive needs

5.3.3 provide specialized instruction for spoken language, reading and writing for students with intensive needs

5.3.4 provide specialized instruction in mathematics

5.3.5 use instructional strategies that fall on a continuum of child-directed to adult-directed in natural and structured context

5.3.6 consistently use of proactive strategies and positive behavioral supports

5.3.7 involve students with intensive needs in the transition planning process

5.3.8 plan for transition needs including linkages to supports and agencies focusing on lifelong needs

5.3.9 provide instruction in community-based settings

5.3.10 structure the physical environment to provide optimal learning for students with intensive needs

5.3.11 provide instruction in self-regulation

5.3.12 utilize student strengths to reinforce and maintain social skills

5.3.13 plan instruction for independent functional life skills and adaptive behavior

5.3.14 plan and implement instruction and related services for students with intensive needs that is both age-respectful and ability-appropriate

5.3.15 use specialized instruction to enhance social participation across environments

5.3.16 plan systematic instruction based on learner characteristics, interests, and ongoing assessment

Professional Learning & Ethical Practice

6.1 Special Educators use foundational knowledge of the field and their professional Ethical Principles and Practice Standards to inform special education practice, to engage in lifelong learning, and to advance the profession. Specifically, they:

6.1.1 use professional ethical principles and professional practice standards to guide their practice.

6.1.2 understand how foundational knowledge and current issues influence professional practice.

6.1.3 understand that diversity is a part of families, cultures, and schools, and that complex human issues can interact with the delivery of special education services.

6.1.4 understand the significance of lifelong learning and participate in professional activities and learning communities.

6.1.5 advance the profession by engaging in activities such as advocacy and mentoring

6.1.6 provide guidance and direction to paraeducators, tutors, and volunteers.

6.2 Intensive Needs Special Educators includes the following knowledge standards:

6.2.1 definitions and issues related to the identification of students with intensive needs

6.2.2 continuum of placement and services available for students with intensive needs

6.2.4 historical foundations and classic studies of intensive needs

6.2.5 trends and practices in the field of intensive needs

6.2.6 theories of behavior problems of students with intensive needs

6.2.7 perspectives held by students with intensive needs

6.2.8 concepts of self-determination, self-advocacy, community and family support and impact in the lives of students with intensive needs

6.2.9 enactment of least dangerous assumptions model that creates inclusive classrooms that presume competence and encourage high expectations for all students

Collaboration

7.1 Special Educators collaborate with families, other Educators, related service providers, individuals with exceptionalities, and personnel from community agencies in culturally responsive ways to address the needs of individuals with exceptionalities across a range of learning experiences. Specifically, they:

7.1.1 use the theory and elements of effective collaboration.

7.1.2 serve as a collaborative resource to colleagues.

7.1.3 use collaboration to promote the well-being of individuals with exceptionalities across a wide range of settings and collaborators.

7.2 Intensive Needs Special Educators includes the following knowledge standards:

7.2.1 services, networks, and organizations for individuals, professionals, and families with intensive needs

7.2.2 parent involvement occurs on multiple levels (IEP, physical and emotional support, advocacy, medical). ISEs need to understand how to aid and educate families in all of the roles that parents play in support of their children

7.3 Intensive Needs Special Educators includes the following performance standards:

7.3.1 collaborate with team members to plan transition to adulthood that encourages full community participation

Completion of a bachelor's level teacher preparation program in the education of students with severe and multiple disabilities, or a minimum of 30 credits in the education of students with severe and multiple disabilities
A minimum of a practicum, or the equivalent, in the teaching of students with severe and multiple disabilities.

5440-16. Junior ROTC Instructor.

(Reviewed December 2016)

The holder is authorized to provide junior Reserve Officer Training Corps instruction to students in grades 9-12 who are enrolled in junior ROTC programs.

Current certification as a Junior Reserve Officer Training Corps Instructor by the federal Department of Defense.

5440-11. Mathematics.

(Revised May 2016)

The holder is authorized to teach mathematics in grades 7-12.

Content Knowledge --Effective teachers of secondary mathematics know, understand, teach, and communicate their mathematical knowledge with the breadth of understanding that reflects proficiency within and among the mathematical domains (Number, Algebra, Geometry, Trigonometry, Statistics, Probability, Calculus, and Discrete Mathematics) as outlined in the NCTM NCATE Mathematics Content for Secondary.
Mathematical Practices --Effective teachers of secondary mathematics:

2.1. Demonstrate proficiency in using problem-solving as a vehicle for understanding mathematics by:

2.1.1. Developing conceptual understanding of mathematical concepts through problem-solving

2.1.2. Making sense of a wide variety of problems and persevering in solving them

2.1.3. Applying various strategies to solve problems arising in mathematics and other contexts

2.1.4. Formulating and testing conjectures to generalize mathematical phenomena

2.2. Demonstrate proficiency in processes for doing mathematics by:

2.2.1. Reasoning abstractly, reflectively, and quantitatively with attention to units

2.2.2. Constructing and critiquing viable arguments and proofs

2.2.3. Representing and modeling generalizations using mathematics

2.2.4. Recognizing structure and expressing regularity in patterns of mathematical reasoning

2.2.5. Using multiple representations to model and describe mathematics

2.2.6. Organizing mathematical thinking and communicating ideas through appropriate mathematical vocabulary and symbols for multiple audiences

2.2.7. Formulating, representing, analyzing, and interpreting mathematical models derived from real-world contexts and mathematical problems.

2.3. Demonstrate an understanding of making mathematical connections by:

2.3.1. Showing the interconnectedness of mathematical ideas and how they build on one another

2.3.2. Applying mathematical connections among mathematical ideas and across various content areas and real-world context

Content Pedagogy --Effective teachers of secondary mathematics:

3.1. Apply knowledge of curriculum standards for secondary mathematics and their relationship to student learning within and across mathematical domains.

3.2. Analyze and consider research in planning for and leading students in rich mathematical learning experiences.

3.3. Plan lessons and units that incorporate a variety of strategies, differentiated instruction for diverse populations, and mathematics-specific and instructional technologies in building all students' conceptual understanding and procedural proficiency.

3.4. Provide students with opportunities to communicate about mathematics and make connections among mathematics, other content areas, everyday life, and the workplace.

3.5. Implement techniques related to student engagement and communication including selecting high quality tasks, guiding mathematical discussions, identifying key mathematical ideas, identifying and addressing student misconceptions, and employing a range of questioning strategies.

3.6. Plan, select, implement, interpret, and use formative and summative assessments to inform instruction by reflecting on mathematical proficiencies essential for all students.

3.7. Monitor students' progress, make instructional decisions, and measure students' mathematical understanding and ability using formative and summative assessments.

For further exploration of Content Pedagogy, please see "Mathematical Teaching Practices" (from NCTM's Principles to Actions: Ensuring Mathematical Success for All).

Mathematical Learning Environment --Effective teachers of secondary mathematics:

4.1. Exhibit knowledge of adolescent learning, development, and behavior and demonstrate a growth mindset toward mathematical processes and learning.

4.2. Plan and create developmentally appropriate, sequential, and challenging learning opportunities grounded in mathematics education research in which students are actively engaged in building new knowledge from prior knowledge and experiences with connections between math and the real world.

4.3. Incorporate knowledge of individual differences and the cultural and language diversity that exists within classrooms and include culturally relevant perspectives as a means to motivate and engage students.

4.4. Demonstrate an understanding of how race, class, and gender can affect students' experiences with mathematics teaching and learning; actively combat stereotypes to avoid replication of historic patterns; and demonstrate a commitment to equitable treatment of and high expectations for all students.

4.5. Apply mathematical content and pedagogical knowledge to select and use instructional tools such as manipulatives and physical models, drawings, virtual environments, spreadsheets, presentation tools, and mathematics- specific technologies (e.g., graphing tools, interactive geometry software, computer algebra systems, and statistical packages); and integrate tools and technology as essential resources to help students learn and make sense of mathematical ideas, reason mathematically, and communicate their mathematical thinking.

4.6. Flexibly assess evidence of student mathematical proficiency for learning that takes place outside of the school, the school day, or the classroom.

Impact on Student Learning --Effective teachers of secondary mathematics:

5.1. Verify that secondary students demonstrate conceptual understanding; procedural fluency; the ability to formulate, represent, and solve problems; logical reasoning and continuous reflection on that reasoning; productive disposition toward mathematics; and the application of mathematics in a variety of contexts within major mathematical domains.

5.2. Promote personalization for each student, allowing students to demonstrate proficiency by presenting multiple types of evidence, including but not limited to teacher- or student-designed assessments, portfolios, performances, exhibitions and projects.

5.3. Collect, organize, analyze, and reflect on diagnostic, formative, and summative assessment evidence, including authentic performance tasks and determine the extent to which students' mathematical proficiencies have increased as a result of their instruction.

5.4. Convey how the development of mathematical theory and understanding is a historical process with continuous creation of new knowledge and the refinement or previous knowledge.

5.5. Convey roles and responsibilities of mathematicians with respect to social, economic, cultural and political systems.

Professional Knowledge and Skills --Effective teachers of secondary mathematics:

6.1. Take an active role in their professional growth and maintain a current understanding of changes in the content and pedagogy of mathematics and learning theory by participating in professional learning experiences that directly relate to the learning and teaching of mathematics.

6.2. Engage in continuous and collaborative learning that draws upon research in mathematics education to inform practice; enhance learning opportunities for all students' mathematical knowledge learning; involve colleagues, other school professionals, families, and various stakeholders; and advance their learning as a reflective practitioner.

6.3. Demonstrate knowledge of misconceptions typically held by adolescents and effective methods for intervening to correct such misconceptions.

6.4. Utilize resources from professional mathematics education organizations such as print, digital, and virtual resources/collections.

A major in mathematics, or the equivalent in undergraduate and/or graduate coursework in mathematics (at least 30 hours of which at least 9 must be at the advanced undergraduate level or higher).
A minimum of a practicum, or the equivalent, at the middle/secondary level (7-12) in an endorsement requiring competencies with the Core Teaching Standards.
REQUIRED TESTING: Praxis II Subject Assessment: Mathematics

5440-72. Math Specialist.

(Created August 2023)

The holder is authorized to function as a school-wide resource to support teachers and schools in implementing evidence-based mathematics instruction and assessment practices, and to provide instruction in mathematics to students in grades PK-12. This endorsement is limited to those who hold or who are eligible to hold endorsements in early childhood, elementary education, middle grades mathematics, secondary mathematics, or special education.

Content Knowledge - Effective Mathematics Specialists know, understand, teach and communicate their mathematical knowledge with the breadth of understanding that reflects proficiency within and among the mathematical domains identified by AMTE and NCTM.

1.1. Number and Operations

1.2. Algebra and Functions

1.3. Geometry and Measurement

1.4. Data Analysis and Probability

1.5. Trigonometry

1.6. Calculus

1.7. Discrete Mathematics

Pedagogical Knowledge - Math Specialists further student engagement and proficiency by promoting personalized instruction, critical thinking, equitable learning, student exploration, and authentic connections in the classroom. Math Specialists:

2.1. Review and implement current research around best practices in mathematics instruction, its structure, the progression of central concepts and skills, prerequisite relationships, and methods of inquiry.

2.2. Have knowledge of mathematical language, models, and strategies for instruction across mathematical domains and grade levels.

2.3. Promote and facilitate student and teacher discourse.

2.4. Make meaningful connections to scaffold learning, support engagement, and build student understanding between essential knowledge and skills.

2.5. Promote learning environments where all students have access to a high-quality mathematics curriculum, effective teaching and learning, high expectations, and the support and resources needed to maximize their learning potential.

Intervention Strategies - Math specialists work with diverse stakeholders to implement supports that promote mathematical thinking for struggling and reluctant learners. Math specialists make curricular decisions and adjustments that consider the learner's strengths and learning context. Math Specialists:

3.1. Are knowledgeable of how to support students with different learning styles.

3.2. Collaborate with classroom teachers, Special Educators, school administrators, educational support teams, students, families, and additional diverse stakeholders to identify appropriate interventions for students.

3.3. Support students and families in accessing practices and resources beyond the classroom.

3.4. Identify essential ideas, standards, and/or proficiencies to accommodate learner needs and to support classroom teachers with curricular pacing.

3.5. Support classroom teachers in creating more equitable classroom environments and materials that maximize opportunity for in-classroom differentiation and reduce the need for pull-out interventions during class time.

3.6. Reflect on personal bias to ensure appropriate accommodations for students from marginalized populations.

Curricular Development - Math Specialists understand the application of mathematics curriculum in equitable classroom environments and engage in discourse with colleagues and stakeholders to make decisions that improve classroom, schoolwide, and/or districtwide curriculum. Math Specialists:

4.1. Have a working knowledge of mathematics as a curriculum and its vertical progression from prek-12.

4.2. Work with colleagues and specialists in researching and developing relevant curriculum to meet the needs of individual students.

4.3. Find accessible and equitable resources that meet the needs of all learners.

4.4. Evaluate mathematics programs using district curriculum, Vermont state content standards, and current research.

Assessment and Data - Math Specialists use current research in student assessment and data design to select appropriate formative and summative assessment methods. Math Specialists share their knowledge and collaborate with colleagues to make data informed classroom-, school-, and district-based decisions in the best interest of all students. Math Specialists:

5.1. Support classroom teachers, administrators, students, families, and stakeholders in interpreting results of special education, state, district, and classroom assessments to develop data informed action steps for individual students and education systems.

5.2. Understand how to use formative, summative, and diagnostic assessments, and communicate the differences between them.

5.3. Utilize asset-based assessment strategies to meet the needs of all learners.

5.4. Recognize and address the existence of test bias for multilingual learners, students with special needs, and additional marginalized populations.

5.5. Understands the limitations of traditional standardized assessments and can utilize holistic or informal assessments, when appropriate, to meet the needs of all learners.

Teacher Leader Knowledge - Math Specialists foster a collaborative learning environment that includes staff, students, families, and the community. They use current research to lead improvement in practices, promote professional learning with adult learners, and advocate for student needs and for the educational profession. Math Specialists:

6.1. Use the principles of adult learning and mentorship to support school leadership in developing a culture of collegiality, trust, and respect that focuses on continuous improvement in instruction, student learning, and leadership decisions.

6.2. Conduct needs assessments to prioritize, promote, design, and facilitate job- embedded professional learning aligned with school, district, and state improvement goals.

6.3. Understand that families, cultures, home language(s), and communities are essential components in educational processes and student learning and work with colleagues to promote ongoing systematic collaboration with families, community members, business and community leaders, and other stakeholders to improve the educational system.

6.4. Understand how educational policy is made at the local, state, and national level as well as the roles of school leaders, boards of education, legislators, and other stakeholders in formulating those policies. They use this knowledge to advocate for student needs and for practices that support effective teaching and increase student learning.

21 credits in Mathematics Education
A minimum of a practicum, or the equivalent, in mathematics instruction at the PK/elementary (PK-8) or middle/secondary (5-12) instructional level, depending on the authorization sought. For the full PK-12 authorization, a minimum of a practicum, or equivalent, in a PK/Elementary School setting and a second practicum, or equivalent, in a separate Middle/High School setting is required.

5440-19. Middle Grades.

(Revised May 2016 - Specific Middle Grades content revisions noted in each content area)

The holder is authorized to teach one or more of the following content areas - English Language Arts,

Mathematics, Science, or Social Studies - in grades 5-9, as specified on the endorsement.

The middle grades standards interpret "all young adolescents" to be inclusive, comprising students of diverse ethnicity, race, language, religion, socioeconomic status, gender, sexual orientation, family composition, regional or geographic origin, and those with exceptional learning needs.

Young Adolescent Growth and Development

1.1. Growth and Development

Middle grades teachers demonstrate a comprehensive knowledge of the cognitive, physical, social, emotional, and moral characteristics, needs, and interests of young adolescents to create healthy, respectful, supportive, and challenging learning environments for all.

1.2. Diversity

Middle grades teachers employ middle grades practices that celebrate and are responsive to young adolescents' local, national, and international histories, language/dialects, and individual identities (e.g., race, ethnicity, culture, age, appearance, ability, sexual orientation, socioeconomic status, family composition).

Aligned with Learner and Learning Category of Vermont Core Teaching Standards

Curriculum

2.1. Student Learning Standards:

Middle grades teachers use their knowledge of student learning standards to design, implement, and evaluate developmentally responsive, meaningful, and challenging curricula for every learner.

2.2. Integrated Nature of Knowledge:

2.2.1. Middle grades teachers help learners make connections among content, ideas, interests, and experiences by developing and implementing relevant, challenging, integrative, and innovative curricula.

2.2.2. Middle grades teachers create learning opportunities within and across their disciplinary fields that enhance students' transferable skills.

2.2.3. Middle grades teachers integrate student voice into learning while strengthening students' informational, critical, technological, quantitative, multicultural, and media literacies.

Aligned with Content Category of Vermont Core Teaching Standards

Philosophy and School Organization

3.1. Middle grades teachers understand the major concepts, principles, theories, and research underlying the philosophical foundations of developmentally responsive middle grades programs and schools.

3.2. Middle grades teachers create and support democratic classrooms in which student voice and student-centered pedagogy empower students with agency and choice in their learning.

3.3. Middle grades teacher effectively employ practices such as interdisciplinary teaming, advisory programs, flexible grouping, flexible block schedules, personalized schedules, and common teacher planning time.

3.4. Middle grades teachers implement the elements of a middle grades philosophy regardless of grade configuration of the building.

3.5. Middle grades teachers understand the differential needs of students, including familiarity with and access to technology.

Aligned with Content Category of Vermont Core Teaching Standards

Instruction and Assessment

4.1. Instructional Strategies

4.1.1. Middle grades teachers engage students in challenging proficiency-based instruction that is personalized to be flexible, differentiated, ongoing, and targeted towards the specific needs of every student.

4.1.2. Middle grades teachers use instructional strategies and technologies to help students identify, explore, and promote local and global issues of personal significance in order to engage students in their learning.

4.1.3. Middle grades teachers emphasize critical thinking, problem solving, evaluation of information, and organizational skills in addition to disciplinary content.

4.1.4. Middle grades teachers help students use strategies to identify, set, and achieve personalized learning goals.

4.2. Assessment and Data-informed Instruction

4.2.1. Middle grades teachers collaborate with each other and with students to define proficiency and determine progress toward achieving it.

4.2.2. Middle grades teachers measure students' prior learning through a comprehensive and balanced-assessment system and adjust instruction and help students design their personalized learning plans.

4.3. Engagement

4.3.1. Middle grades teachers demonstrate their ability to motivate and engage all students and facilitate their learning through the establishment of equitable, caring, and productive learning environments and developmentally responsive materials and resources (e.g., technology, manipulative materials, contemporary media, personalized learning plans).

4.3.2. Middle grades teachers adopt a student-centered pedagogy that includes anytime, anywhere learning and provides multiple pathways for students to demonstrate proficiency including portfolios, performances, exhibitions, and projects

Aligned with Instructional Practice Category of Vermont Core Teaching Standards

Professional Roles

5.1 Advocacy and Developmentally Responsive Practices

Middle grades teachers advocate for developmentally responsive schooling practices and policies for every student.

5.1. Family Engagement

5.1.1. Middle grades teachers understand and value the ways diverse family structures and cultural backgrounds influence and enrich learning.

5.1.2. Middle grades teachers communicate and collaborate with all family members to build positive, collaborative relationships with families from diverse cultures and backgrounds.

5.1.3. Middle grades teachers employ technology so that teachers and families can enhance communication, collaboration, decision-making, and the ability of students to work at home.

5.1.4. Middle grades teachers understand that access to and familiarity with technology differ widely for families.

5.1.5. Middle grades teachers help families understand the systems used to support personalized learning (e.g., learning management systems, personalized learning plans, portfolios).

5.2. Community Involvement

Middle grades teacher's partner with the local and global community to bring the community into the classroom and the classroom into the community.

5.3. Dispositions and Professional Behaviors

5.3.1. Middle grades teacher's model high standards of ethical behavior and professional competence.

5.3.2. Middle grades teachers are continuous, collaborative learners who demonstrate knowledgeable, reflective, critical perspectives on their practice.

A minimum of a practicum, or the equivalent, at the middle grades level (5-9) in science, social studies, math, or English.

5440-19A. Middle Grades: English.

Knowledge Standards - English Language Arts:

Demonstrates knowledge of research-based principles and processes underlying literacy development, and the components of effective literacy instruction, as delineated in current national professional standards and reflected in Vermont's Framework of Standards and Learning Opportunities. Specifically, the Educator understands and/or knows:

1.1. Development of Oral Language and Literacy - Processes, principles, and dimensions of oral language acquisition; the relationship between oral language development and literacy development; the impact of physical, emotional, and cultural factors on language development and acquisition of reading and writing; role of metacognition in language and literacy development; the elements of effective verbal and non-verbal communication

1.2. Literature and Media - A wide variety of quality, age-appropriate literature and non-print media (i.e., film, video) across genres, eras, cultures, and subcultures; literary elements and strategies for textual analysis

1.3. Language and Word Study - The purposes of language and approaches to analyzing language; etymology of the English language; the pronunciation of English phonemes and their graphemes; the developmental progression of phonological awareness; vocabulary development and its relationship to literacy acquisition; the developmental stages of spelling and morphological analysis

1.4. Reading Comprehension and Fluency - Reading as the process of constructing meaning from text; the components of fluency; factors that influence comprehension and fluency; typical elements and features of narrative and expository texts, and how readers' awareness of these features supports comprehension; cognitive strategies and instructional approaches for supporting comprehension and fluency

Written Expression - The composing processes that writers use, and planning strategies most appropriate for particular kinds of writing; dimensions of quality writing and types of writing; the conventions of written English; uses of writing portfolios and benchmarks and standards for various age/grade levels
Assessment and Adaptation of Literacy Instruction - The importance of individualizing the literacy program to address the needs and strengths of learners; a variety of valid and efficient language arts assessments appropriate for different purposes; the observable characteristics of a variety of reading and writing difficulties; strategies for modifying literacy instruction to support the needs of individual learners, including English Language Learners (ELLs)
Performance Standards - English Language Arts:

Implements a language arts curriculum that fosters interest and growth in all aspects of oral and written literacy in order to provide students with the communication skills necessary to understand and influence their own lives and to learn about the world. Specifically, the Educator:

4.1. Literacy Development through Literature and Media

4.1.1. Uses a wide variety of fiction and non-fiction textual materials, including some of students' own selection, to increase students' motivation to read independently for information, pleasure and personal growth

4.1.2. Selects and reads quality literature aloud and applies tools of literary analysis to the facilitation of discussions of central themes and ideas within literature and non-print media

4.1.3. Uses active instructional strategies to promote various dimensions of oral language development, and to facilitate critical analysis and interpretation

4.1.4. Teaches students to distinguish between fact, opinion, and interpretation, and how to analyze and judge the credibility of print and non-print communications

4.1.5. Models, fosters, and teaches active listening in order to enable thoughtful, equitable, and respectful classroom discourse

4.1.6. Implements strategies to include parents as partners in the literacy development of their children

4.1.7. Models and teaches the elements of effective verbal and non-verbal communication

Language and Word Study

5.1. Teaches students to use syntactic, semantic, and graphophonemic cues to identify and spell words

5.2. Employs effective instructional strategies for the development of a broad, independent vocabulary

Reading Comprehension and Fluency

6.1. Provides explicit instruction in how to flexibly use pre-, during, and post-reading cognitive strategies to understand, analyze, and interpret a variety of types of texts

6.2. Employs a range of instructional approaches to support comprehension across the content areas

6.3. Uses instructional strategies to build or strengthen fluency

Written Expression

7.1. Organizes and implements a writing portfolio program that promotes high-quality writing by including a variety of instructional strategies and topics to teach purposes, structures, and composition

7.2. Uses required writing rubrics and benchmarks for assessing student writing, and teaches students to use these to analyze their own writing

7.3. Models and teaches appropriate grammar, usage, and mechanics

Assessment and Adaptation of Literacy Instruction

8.1. Uses a variety of valid assessment strategies to regularly evaluate students' progress in all of the individual dimensions of literacy development

8.2. Uses the results of literacy assessments to adjust and/or target instruction, to flexibly group students, when needed, and to appropriately match students with reading material

A minor in English or Comparative Literature, or the equivalent in undergraduate and/or graduate coursework.
REQUIRED TESTING Praxis II Subject Assessment: Middle Grades English - Test Code 5047. Also accepted for MG English testing - Praxis II Subject Assessment in English

5440-19B. Middle Grades: Mathematics.

(Revised May 2016)

Content Knowledge-Effective teachers of middle grades mathematics know, understand, teach and communicate their mathematical knowledge with the breadth of understanding that reflects proficiency within and among the mathematical domains (Number, Algebra, Geometry, Trigonometry, Statistics, Probability, and Calculus) as outlined in the NCTM NCATE Mathematics Content for Middle Grades.
Mathematical Practices-Effective teachers of middle grades mathematics:

2.1. Demonstrate proficiency in using problem-solving as a vehicle for understanding mathematics by:

2.1.1. Developing conceptual understanding of mathematical concepts through problem-solving

2.1.2. Making sense of a wide variety of problems and persevere in solving them