Vermont Statutes Title 16 Sec. 2961
Terms Used In Vermont Statutes Title 16 Sec. 2961
- Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
- between: as used in this title in respect to a specified age of a student, shall mean the period of time commencing on the birthday of the child when he or she becomes the age first specified and ending on the day next preceding the birthday of the child when he or she becomes the age last specified. See
- Federal law: means the Individuals with Disabilities Education Act, 20 U. See
- Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
- Individualized education program: means a program established for an eligible child pursuant to 20 U. See
- School year: means the year beginning July 1 and ending the next June 30. See
- Special education: means , to the extent required by federal law, specially designed instruction, at no cost to parents or guardian, to meet the unique educational needs of a child with a disability, including classroom instruction, instruction in physical education, home instruction, and instruction in hospitals and institutions. See
- State: when applied to the different parts of the United States may apply to the District of Columbia and any territory and the Commonwealth of Puerto Rico. See
- Supervisory district: means a supervisory union that consists of only one school district, which may be a unified union district. See
- Supervisory union: means an administrative, planning, and educational service unit created by the State Board under section 261 of this title, that consists of two or more school districts; if the context clearly allows, the term also means a supervisory district. See
§ 2961. Census grant
(a) As used in this section:
(1) “Average daily membership” shall have the same meaning as in subdivision 4001(1) of this title, except it shall exclude State-placed students.
(2) “Average daily membership of a supervisory union” means the aggregate average daily membership of the school districts that are members of the supervisory union or, for a supervisory district, the average daily membership of the supervisory district.
(3) “Long-term membership” of a supervisory union in any school year means the average of the supervisory union’s average daily membership over the most recent three school years for which data are available.
(4) “Uniform base amount” means an amount determined by:
(A) dividing an amount:
(i) equal to the average State appropriation for fiscal years 2018, 2019, and 2020 for special education under sections 2961 (standard mainstream block grants), 2963 (special education expenditures reimbursement), and 2963a (exceptional circumstances) of this title; and
(ii) increased by:
(I) for each of fiscal years 2021, 2022, and 2023, the annual change in 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 (inflation factor); and
(II) for each of fiscal years 2024, 2025, and 2026, the average inflation factor for fiscal years 2021, 2022, and 2023; by
(B) the statewide long-term membership.
(b) The State commits to satisfying its special education maintenance of fiscal support requirement under 34 C.F.R. § 300.163(a).
(c) Each supervisory union shall receive a census grant each fiscal year to support the provision of special education services to students on an individualized education program. Supervisory unions shall use this funding and other available sources of funding to provide special education services to students in accordance with their individualized education programs as mandated under federal law. A supervisory union may use census grant funds to support the delivery of the supervisory union’s comprehensive system of educational services under sections 2901 and 2902 of this title, but shall not use census grant funds in a manner that abrogates its responsibility to provide special education services to students in accordance with their individualized education programs as mandated under federal law.
(d)(1)(A) For fiscal year 2023, the amount of the census grant for a supervisory union shall be:
(i) the average amount it received for fiscal years 2018, 2019, and 2020 or the average amount it received for fiscal years 2019, 2020, and 2021, whichever amount is greater, from the State for special education under sections 2961 (standard mainstream block grants), 2963 (special education expenditures reimbursement), and 2963a (exceptional circumstances) of this title; increased by
(ii) the annual change in 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.
(B) The amount determined under subdivision (A) of this subdivision (1) shall be divided by the supervisory union’s long-term membership, to determine the base amount of the census grant, which is the amount of the census grant calculated on a per student basis.
(2) For fiscal year 2027 and subsequent fiscal years, the amount of the census grant for a supervisory union shall be the uniform base amount multiplied by the supervisory union’s long-term membership.
(3) For fiscal years 2024, 2025, and 2026, the amount of the census grant for a supervisory union shall be determined by multiplying the supervisory union’s long-term membership by a base amount established under this subdivision. The base amounts for each supervisory union for fiscal years 2024, 2025, and 2026 shall move gradually the supervisory union’s fiscal year 2023 base amount to the fiscal year 2027 uniform base amount by prorating the change between the supervisory union’s fiscal year 2023 base amount and the fiscal year 2027 uniform base amount over this three-fiscal-year period. (Added 1987, No. 235 (Adj. Sess.), § 7; amended 1989, No. 230 (Adj. Sess.), § 15, eff. July 1, 1991; 1995, No. 157 (Adj. Sess.), § 13; 1997, No. 60, §§ 30, 30a, eff. July 1, 1998; 2003, No. 130 (Adj. Sess.), § 6; 2015, No. 148 (Adj. Sess.), § 1, eff. July 1, 2017; 2017, No. 173 (Adj. Sess.), § 5, eff. July 1, 2021; 2019, No. 112 (Adj. Sess.), § 1, eff. July 1, 2022; 2021, No. 175 (Adj. Sess.), § 1, eff. July 1, 2022.)