Vermont Statutes Title 16 Sec. 166b
Terms Used In Vermont Statutes Title 16 Sec. 166b
- Agency of Education: means the Secretary and staff necessary to carry out the functions of the Agency. See
- Conviction: A judgement of guilt against a criminal defendant.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- following: when used by way of reference to a section of the law shall mean the next preceding or following section. See
- Grades: means the division of the educational work of the public schools into 13 school year units beginning with kindergarten and thereafter numbered from one to 12 beginning with the lowest. See
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Home study program: means an educational program offered through home study that provides a minimum course of study and that is offered to not more than:
- Month: shall mean a calendar month and "year" shall mean a calendar year and be equivalent to the expression "year of our Lord. See
- Public school: means an elementary school or secondary school operated by a school district. See
- School: means a public postsecondary school operating in the State. See
- School district: means town school districts, union school districts, interstate school districts, city school districts, unified union districts, and incorporated school districts, each of which is governed by a publicly elected board. See
- School year: means the year beginning July 1 and ending the next June 30. See
- Secretary: means the Secretary of Education. See
- Town: shall include city and wards or precincts therein; "selectboard members" and "board of civil authority" shall extend to and include the mayor and aldermen of cities; "trustees" shall extend to and include bailiffs of incorporated villages; and the laws applicable to the inhabitants and officers of towns shall be applicable to the inhabitants and similar officers of all municipal corporations. See
§ 166b. Home study program
(a) Enrollment notice. A parent or legal guardian shall send the Secretary notice of intent to enroll the parent’s or legal guardian’s child in a home study program at least 10 business days prior to commencing home study. Such notice shall be submitted via a form developed by the Agency of Education. A notice under this subsection shall include the following:
(1) The name; age; and date, month, and year of birth of the child.
(2) The names, mailing addresses, e-mail addresses, town of legal residence, and telephone numbers of all parents or guardians with legal custody who are legally authorized to make educational decisions for the student.
(3) An attestation that the academic progress of each child enrolled in a home study program will be assessed at the end of each school year and that the parent or guardian will maintain the record of such assessments. Permitted means of assessment shall include:
(A) a standardized assessment, which may be administered by the local school district or a testing service or administered in a manner approved by the testing company;
(B) a review of the student’s progress by an individual who holds a current Vermont teacher’s certificate;
(C) a parent or guardian report and portfolio to include a summary of what the student learned during the school year and at least four samples of student work;
(D) grades from an online academy or school; or
(E) evidence of passing of the GED.
(4) For each child not previously enrolled in a Vermont public school or Vermont home study program, independent professional evidence regarding whether the child has a documented disability and how the disability may affect the student’s educational progress in a home study program.
(5) An attestation that each child being enrolled in home study will be provided the equivalent of at least 175 days of instruction in the minimum course of study per year, specifically:
(A) for a child who is younger than 13 years of age, the subject areas listed in section 906 of this title;
(B) for a child who is 13 years of age or older, the subject areas listed in subdivisions 906(b)(1), (2), (4), and (5) of this title; or
(C) for students with documented disabilities, a parent or guardian must attest to providing adaptations to support the student in the home study program.
(6) [Repealed.]
(7) The signatures of all parents or guardians with legal custody who are legally authorized to make educational decisions for the student. In the alternative, the parent seeking enrollment may provide attestation of sole primary educational decision-making authority.
(b) Enrollment. Within 10 business days following submission of a complete enrollment notice, the Secretary or designee shall send the home study program a written acknowledgment of receipt, which shall constitute sufficient enrollment verification for purposes of section 1121 of this title.
(1) [Repealed.]
(2) [Repealed.]
(c) Withdrawal. The parent or guardian shall notify the Secretary in writing within 10 business days following the date that any student is withdrawn from the student’s home study program.
(d) [Repealed.]
(e) [Repealed.]
(f) [Repealed.]
(g) [Repealed.]
(h) [Repealed.]
(i) [Repealed.]
(j) Waiver. After the filing of the enrollment notice, if the home study program is unable to comply with any specific requirements due to deep religious conviction shared by an organized group, the Secretary may waive such requirements if the Secretary determines that the educational purposes of this section are being or will be substantially met.
(k) Annual notice. A parent or guardian who has provided a complete enrollment notice as described in subsection (a) of this section shall notify the Secretary on or before the start of each following year of the parent’s or guardian’s intention to continue to provide instruction through a home study program via a form provided by the Agency of Education. This notice shall be provided at least 10 business days prior to the intended start date of the home study program.
(l) [Repealed.] (Added 1987, No. 97, § 3, eff. June 23, 1987; amended 1989, No. 44, § 6, eff. June 1, 1990; 1989, No. 118, § 3; 1991, No. 24, § 11; 1995, No. 100 (Adj. Sess.), § 1; 2005, No. 107 (Adj. Sess.), § 1; 2013, No. 92 (Adj. Sess.), § 14, eff. Feb. 14, 2014; 2019, No. 131 (Adj. Sess.), § 55; 2023, No. 66, § 5, eff. July 1, 2023.)