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Fromthe
Boardroom
 Vermont School Boards AssociationJune 2009
 Also in this issue...NEW Act 82 Divided Question Ballot Language . . . . . 3Member to Member . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9Using Data for Decision Making . . . . . . . . . . . . . . . . . .13Imposed Teacher Contracts . . . . . . . . . . . . . . . . . . . . .14
2009 Legislature Adjourns; GovernorVetoes Budget; Calls Special Session
by David Cyprian, VSBA Legislative Analyst 
Late into the evening on Saturday, May9th, the Vermont General Assemblywrapped up its work and adjourned. Asusual, the last 48 hours of the sessionsaw a
urry of activity, with most of themajor bills for the year passed after 11thhour negotiating sessions (two notableexceptions were the Child Sexual AbusePrevention bill and the Civil Marriage bill,both of which were approved earlier in thespring). Less than ten days later, the Gov-ernor announced his intentions to veto thestate’s budget bill and call the Legislatureback into session on June 2nd. Governor Douglas also presented the Legislaturewith his alternative plan for a
scal year 2010 state budget.Almost all of the education-related provi-sions of the 2009 session were folded intotwo bills, H.427, an omnibus education bill,and H.441, the aforementioned, vetoedbudget bill. Therefore, the following reporton Legislature’s activity as it pertains toeducation is subject to change. TheGovernor allowed H.427 to become lawwithout his signature. Stay tuned…For more detailed information regardinglegislative activity, you may read the VS-BA’s
Education Legislative Reports 
, whichare published periodically throughout thesession (http://www.vtvsba.org/legis/legis.htm); the May 12th Report contains a com-plete run-down of the year’s legislation,and a new Report will be issued regardingthe special session when more informationis available.
H.441: Budget and Tax bill (vetoed)Administration and Legislature OfferAlternative Plans for Education FundRevenue and Uses
As a result of the Governor’s veto and on-going negotiations between the legislativeand executive branches of government, itis dif 
cult to accurately report in this news-letter on the latest information regardingbase education property tax rates, teach-ers’ retirement, and other Education Fundissues. Interested persons are stronglyencouraged to read our 
Education Legisla- 
 LEGISLATURE continued on page 2
 
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tive Reports 
available online for the mostup-to-date information.Broadly speaking, both sides are propos-ing cost shifts from the State’s GeneralFund to the Education Fund; the debatecenters around what to shift, at whatamount, and for how long. The Governor has proposed, once again, to shift thestate share of the teachers’ retirementsystem to the Education Fund. He is alsocalling for a freeze in education spendingfor 
scal year 2011 at
scal year 2010per pupil amounts. The Legislature’sbill did neither of these things, but itdid contain significant short-term costshifts and their tax rate-setting bill wouldfreeze the base education payment in
scal year 2011 at the
scal year 2010amount ($8544). Overall, the Legislature’sproposal involves less of a total cost shiftand no structural change as permanentand signi
cant as moving teachers’ retire-ment into the Education Fund.
Education Organization and Manage-ment Study
A provision in the H.441 creates a commit-tee to “examine potential improvements tothe structure and funding of the Vermonteducational system in light of the state’slimited
nancial resources.” Among other related charges, the committee would:
Examine the role and the effective- ness of the policy-making, manage- ment, and administrative structure that creates and implements Ver- mont education policy, including consideration of the functions of the legislature, the governor, the state board of education, the department of education, supervisory unions, lo- cal school boards, parents, students,community members, and other enti- ties and individuals…Identify and evaluate the long-range sustainability of current and poten- tial funding sources and mecha- nisms…
The committee will be comprised of 15members including eight legislators, theCommissioner of Education, and six other appointees from outside state government(four appointed by the Legislature and twoby the Governor).
Mailing Insert Repealed
The Tax Department will immediately stopincluding the insert “About Your 20XXTaxes: The more you spend the more youpay” in property tax bill mailings.
Exceptions to Divided Question / Ex-cess Spending
H.427 also identi
ed certain categories of school spending that could be excludedfrom the formulae that calculate whether a district is subject to the Act 82 dividedquestion law and the excess spendingthreshold. Spending for school construc-tion, including interest paid on bondeddebt, and costs associated with planningthe merger of a small school can now beexcluded from both calculations.H.427 makes three more exceptions for the Act 82 divided question formula only:1) Anticipated tuition costs for studentsin grade levels for which the district doesnot maintain a school (this exception isoptional); 2) Spending attribution to thedistrict’s share of costs for 21st CenturyCommunity Learning Centers after-schoolprograms; 3) “Spending… attributable tothe costs of providing alternative educa-tional opportunities designed to encour-age at-risk high school students to remainenrolled in and to graduate from highschool, whether offered by the districts or a contracting entity.”
H.427: Omnibus Education BillAct 82 Budget Language
Although the Legislature was hesitantto even considering a repeal of Act 82during this session, members of theGeneral Assembly did agree to includenew required ballot language for districtssubject to the divided vote law in H.427.The new language removes prejudicial
 LEGISLATURE continued from page 1
 
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wording that had been included in thelaw’s original construct. See the sidebar for the wording.
Designation of Public High Schools
Districts that do not operate high schoolsand/or junior high schools may now des-ignate a public high school in another district as the high school for the district,and pay tuition for all its students to attendthat school. The designation must occur via a vote of the electorate, and the boardof the designated school must vote to ac-cept the designation. Existing law allowsdesignation of independent schools only.Designating a high school gives districts ameasure of cost certainty as compared tohigh school choice; however, it is distinctfrom a union school relationship in that thedesignating district has no of 
cial voicein the board or the administration of thereceiving school.Parents of students in designating districtsmay notify the board that their child will beattending a non-designated public or inde-pendent school by April 15th preceding theacademic year. The board will pay tuitionfor these students not to exceed the leastof (i) the tuition charged by the designatedschool, (ii) the average tuition charged byunion high schools in Vermont, or (iii) thetuition charged by the enrolling school.
High School Completion
Enrolled students will now be eligibleto take part in the Act 176 High SchoolCompletion program, whereby districtsformulate a “Graduation Education Plan”for certain students and are reimbursedfor contracted educational services pro-vided.Schools’ Education Support Teams (ESTs)must determine, at any grade level, whichenrolled students are at risk of not com-pleting high school based on guidelinesto be developed by the Commissioner of Education. For identi
ed students, ESTsare to develop an individualized strategyto assist the student in completing highschool, in consultation with the student’sparents where possible.The Commissioner is to develop an “ac-curate, uniform, and reliable method for de
ning and measuring secondary schoolcompletion rates on a school-by-schoolbasis.” His department must then as-sess individual schools on meeting their completion rate benchmarks and districtsmust report on their schools’ progress totaxpayers.
Truancy
The Commissioner of Education is direct-ed to develop model protocols that seekto reduce truancy in Vermont, through the
New Act 82 Divided QuestionBallot Language
The total proposed budget of $_________ is the amount determinedby the school board to be necessary tosupport the school district’s educationalprogram. State law requires the voteon this budget to be divided because (i)the school district’s spending per pupillast year was more than the statewideaverage and (ii) this year’s proposedbudget is greater than last year’s bud-get adjusted for in
ation.Article #1 (School Budget)Part A. Shall the voters of the schooldistrict authorize the school board toexpend $_______, which is a portionof the amount the school board hasdetermined to be necessary?Part B. If Part A is approved by the vot-ers, shall the voters of the school dis-trict also authorize the school board toexpend $_______, which is the remain-der of the amount the school board hasdetermined to be necessary?
 LEGISLATURE continued on page 4
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