Vermont Statutes > Title 16 > Chapter 25 – Attendance and Discipline

		Sections
Subchapter 1	General Provisions	1071 – 1076
Subchapter 2	Assignment of Pupils to Schools; Tuition	1093 – 1094,
Subchapter 3	Compulsory Attendance	1121 – 1129
Subchapter 4	Effective Discipline Measures	1161a – 1167

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Terms Used In Vermont Statutes > Title 16 > Chapter 25 - Attendance and Discipline

Abandoned firearms: means firearms in the possession of the Department of Public Safety that are no longer needed as evidence and remain unclaimed for more than 18 months from the date the firearms come into the Department's possession. See
Adoptee: means a person who is adopted or is to be adopted. See
Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
Aerosolized airborne infectious agents: means microbial aerosols that can enter the human body, usually through the respiratory tract, and cause disease, including mycobacterium tuberculosis, meningococcal meningitis, varicella zoster virus, diphtheria, mumps, pertussis, pneumonic plague, rubella, severe acute respiratory syndrome, anthrax, and novel influenza. See
Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
Agency: means the Department or a child-placing public or private entity that is licensed in this State to place minors for adoption. See
Agency: means any State or local law enforcement agency, any State agency except the Vermont Department of Fish and Wildlife, and any local government entity. See
Allegation: something that someone says happened.
Alteration: includes remodeling, renovation, rehabilitation, reconstruction, historic restoration, changes, or rearrangement in the plan or configuration of walls and full-height partitions. See
Ambulatory disability: means an impairment that prevents or impedes walking. See
Annual meeting: when applied to towns shall mean the annual town meeting in March or an adjournment thereof. See
Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
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
approved education program: includes an "approved teen parent education program. See
Approved independent school: means an independent school that is approved under section 166 of this title. See
Arraignment: A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.
Arrest: Taking physical custody of a person by lawful authority.
assembly: means a gathering of 2,000 or more individuals in a public place that the general public is permitted or invited to attend, conducted or promoted for profit, whether or not a profit is actually returned, where persons are admitted on payment of cash, entry fees, advance subscriptions, or donations, or any thing of value. See
Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
Average compensation: means the current "average weekly wage" under section 1338 of this title, determined previous to the first day of July preceding the date of injury or when compensation is awarded, whichever is later. See
Average weekly wages: means the average weekly wages as computed under section 650 of this title. See
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
biennially: shall mean the year in which a regular session of the General Assembly is held. See
Blind: means the visual impairment of an individual whose central visual acuity does not exceed 20/200 in the better eye with corrective lenses or whose visual acuity, if better than 20/200, is accompanied by a limit to the field of vision in the better eye to such a degree that its widest diameter subtends an angle of no greater than 20 degrees. See
Blood-borne pathogens: means pathogenic microorganisms that are present in human blood and can cause disease in humans, including anthrax, hepatitis B virus (HBV), hepatitis C virus (HCV), human immunodeficiency virus (HIV), rabies, vaccinia, viral hemorrhagic fevers, and methicillin-resistant staphylococcus aureus. See
Board: means the Vermont Veterans' Home Board of Trustees as set forth in section 1713 of this chapter. See
Board: means the Emergency Personnel Survivors Benefit Review Board. See
Bodily fluids: means blood and bodily fluids containing blood or other potentially infectious materials as defined in the Vermont Occupational Safety and Health Administration Bloodborne Pathogen Standard (1910. See
Bullying: means any overt act or combination of acts, including an act conducted by electronic means, directed against a student by another student or group of students and that:
Category A conduct: means :
Category B conduct: means gross professional misconduct amounting to actions on duty or under authority of the State, or both, that involve willful failure to comply with a State-required policy, or substantial deviation from professional conduct as defined by the law enforcement agency's policy or if not defined by the agency's policy, then as defined by Council policy, and shall include:
Category C conduct: means any allegation of misconduct pertaining to Council processes or operations, including:
Child: means a minor or an adult son or daughter, by birth or adoption. See
Child: means a natural or legally adopted child, regardless of age. See
Child: includes a stepchild, adopted child, posthumous child, grandchild, and a child for whom parentage has been established pursuant to 15 Vt. See
Chokehold: means the use of any maneuver on a person that employs a lateral vascular neck restraint, carotid restraint, or other action that applies any pressure to the throat, windpipe, or neck in a manner that limits the person's breathing or blood flow. See
Commissioner: means the Commissioner of Public Safety. See
Commissioner: means the Commissioner of Labor or the Commissioner's designee. See
Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
Contract: A legal written agreement that becomes binding when signed.
Conviction: A judgement of guilt against a criminal defendant.
Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
Covered multifamily dwelling: means a residential unit for sale or rent in a public building consisting of four or more residential units if the building has one or more elevators; and a ground floor residential unit for sale or rent in a public building consisting of four or more residential units, if the building has no elevator. See
Cybersecurity: means the practice of deploying people, policies, processes, and technologies to protect organizations, their critical systems, and sensitive information from digital attacks. See
damage or destroy the historic architectural integrity of the historic building or structure: means to have an undue adverse impact on historically significant features of the historic architectural integrity of the building. See
Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
Decedent: A deceased person.
Deed: The legal instrument used to transfer title in real property from one person to another.
Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
Department: means the Department of Public Safety. See
Dependent: A person dependent for support upon another.
Devise: To gift property by will.
Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
Docket: A log containing brief entries of court proceedings.
Domestic: when applied to a corporation, company, association, or copartnership shall mean organized under the laws of this State; "foreign" when so applied, shall mean organized under the laws of another state, government, or country. See
Drone: means a powered aerial vehicle that does not carry a human operator and is able to fly autonomously or to be piloted remotely. See
Effective internal affairs program: means that a law enforcement agency does all of the following:
Emergency personnel: means :
Employee: means a person employed by the Department. See
employee: means an individual who has entered into the employment of, or works under contract of service or apprenticeship with, an employer. See
Employer: includes any body of persons, corporate or unincorporated, public or private, and the legal representative of a deceased employer, and includes the owner or lessee of premises or other person who is virtually the proprietor or operator of the business there carried on, but who, by reason of there being an independent contractor or for any other reason, is not the direct employer of the workers there employed. See
Employment: includes public employment, and, in the case of private employers, includes all employment in any trade or occupation notwithstanding that an employer may be a nonprofit corporation, institution, association, partnership, or proprietorship. See
Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
Essential supply chain: means supply chains for the production, in sufficient quantities, of the following articles:
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.
Ex officio: Literally, by virtue of one's office.
Executive officer: means the highest-ranking law enforcement officer of a law enforcement agency. See
Executive session: A portion of the Senate's daily session in which it considers executive business.
exposure: means contact with infectious agents such as bodily fluids through inhalation, percutaneous inoculation, or contact with an open wound, nonintact skin, or mucous membranes, or other potentially infectious materials that may result from the performance of an employee's duties. See
Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
farming: means :
Fees: shall mean earnings due for official services, aside from salaries or per diem compensation. See
Firefighter: means a firefighter as defined in 20 V. See
fireworks: means any combustible or explosive composition, or any substance or combination of substances, or article prepared for the purpose of producing a visible or an audible effect by combustion, explosion, deflagration, or detonation, including blank cartridges, toy pistols, toy cannons, toy canes, or toy guns in which explosives are used, balloons that are propelled by explosives, firecrackers, torpedoes, sky rockets, Roman candles, cherry bombs, or other fireworks of like construction and any fireworks containing any explosive or flammable compound, or any tablets or other device containing any explosive substance, except sparklers. 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.
following: when used by way of reference to a section of the law shall mean the next preceding or following section. See
Fraud: Intentional deception resulting in injury to another.
gender identity: means an individual's actual or perceived gender identity, or gender-related characteristics intrinsically related to an individual's gender or gender-identity, regardless of the individual's assigned sex at birth. See
Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
Gift: means the trust created by the quitclaim deed of the Trenor W. See
Grandchild: includes a child of an adopted child and a child of a stepchild, but does not include a stepchild of a child, a stepchild of a stepchild, a stepchild of an adopted child, or a married grandchild unless dependent. See
Grandparent: includes a parent of a parent by adoption, but does not include a parent of a stepparent, a stepparent of a parent, or a stepparent of a stepparent. 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.
Hazing: means any act committed by a person, whether individually or in concert with others, against a student in connection with pledging, being initiated into, affiliating with, holding office in, or maintaining membership in any organization that is affiliated with an educational institution; and that is intended to have the effect of, or should reasonably be expected to have the effect of, humiliating, intimidating, or demeaning the student or endangering the mental or physical health of a student. See
Health care provider: means a person, partnership, corporation, facility, or institution licensed or certified or authorized by law to provide professional health care service to an individual during the individual's medical care, treatment, or confinement. See
Historic building: means any structure that is listed in or eligible for listing in the National Register of Historic Places or included in the State Register of Historic Places. See
Home: means the Vermont Veterans' Home as set forth in section 1712 of this chapter. See
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:
Independent school: means a school other than a public school, which provides a program of elementary or secondary education, or both. See
Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
inhabitants: shall mean the population of the political division referred to, as ascertained by the national census last completed before the time when such population is a material fact. See
Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
Insurance carrier: includes any corporation from which an employer has obtained workers' compensation insurance or guaranty insurance in accordance with the provisions of this chapter. See
Interrogatories: Written questions asked by one party of an opposing party, who must answer them in writing under oath; a discovery device in a lawsuit.
Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
Justice: when applied to a person, other than a Justice of the Supreme Court, shall mean a justice of the peace for the county for which he or she is elected or appointed. See
Kindergarten: means an educational program for children of one year adapted to the needs of students who will attend first grade the following year. See
Law enforcement agency: means :
Law enforcement agency: means the employer of a law enforcement officer. See
Law enforcement officer: means a member of the Department of Public Safety who exercises law enforcement powers; a member of the State Police; a Capitol Police officer; a municipal police officer; a constable who exercises law enforcement powers; a motor vehicle inspector; an employee of the Department of Liquor and Lottery who exercises law enforcement powers; an investigator employed by the Secretary of State; a Board of Medical Practice investigator employed by the Department of Health; an investigator employed by the Attorney General or a State's Attorney; a fish and game warden; a sheriff; a deputy sheriff who exercises law enforcement powers; a railroad police officer commissioned pursuant to 5 Vt. See
Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
Lien: A claim against real or personal property in satisfaction of a debt.
Line of duty: means :
Magistrate: shall mean any Supreme Court Justice, Superior judge, District judge, or Probate judge. See
Maximum extent feasible: means the situation in which the nature of an existing building or facility makes it virtually impossible to comply fully with accessibility standards. See
Maximum weekly compensation: shall mean a sum of money equal to 150 percent of the average compensation, rounded to the next higher dollar. See
Medical bill: means any claim, bill, or request for payment from a health care provider or employee for all or any portion of health care services provided to the employee for an injury for which the employee has filed a claim under this chapter. See
Medically necessary care: means health care services for which an employer is otherwise liable under the provisions of this chapter, including diagnostic testing, preventive services, and aftercare, that are appropriate, in terms of type, amount, frequency, level, setting, and duration, to the injured employee's diagnosis or condition. See
Mental health professional: means a person with professional training, experience, and demonstrated competence in the treatment and diagnosis of mental conditions, who is certified or licensed to provide mental health care services and for whom diagnoses of mental conditions are within his or her scope of practice, including a physician, nurse with recognized psychiatric specialties, psychologist, clinical social worker, mental health counselor, or alcohol or drug abuse counselor. See
Minimum weekly compensation: shall mean a sum of money equal to 50 percent of the average compensation, rounded to the next higher dollar. See
Minor: means a person who has not attained 18 years of age. See
Month: shall mean a calendar month and "year" shall mean a calendar year and be equivalent to the expression "year of our Lord. See
Municipality: shall include a city, town, town school district, incorporated school or fire district or incorporated village, and all other governmental incorporated units. See
Oath: A promise to tell the truth.
Oath: shall include affirmation where by law an affirmation may be substituted. See
Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
Occupation-related illness: means a disease that directly arises out of, and in the course of, service, including a heart injury or disease symptomatic within 72 hours from the date of last service in the line of duty, which shall be presumed to be incurred in the line of duty. See
Off-site training: means training provided off the premises of a law enforcement officer training school and approved by the Council under the provisions of section 2355 of this chapter. See
Parent: means a person who is legally recognized as a mother or father or whose consent to the adoption of a minor is required under subdivision 2-401(a)(1)-(4) or (6) of this title. See
Parent: means a natural or adoptive parent. See
Parent: includes a stepparent and a parent by adoption. See
Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
Permit: means a written statement, issued by the Commissioner of Public Safety or his or her designee, authorizing the holding of a commercial public assembly under stated conditions as to time, place, and manner. See
Permit officer: means the Commissioner of Public Safety or officer designated by him or her to issue permits. See
Person: means an individual, corporation, government, governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity. See
Person: shall include any natural person, corporation, municipality, the State of Vermont or any department, agency, or subdivision of the State, and any partnership, unincorporated association, or other legal entity. See
Personal estate: shall include all property other than real estate. See
personal injury: includes occupational diseases, death resulting from injury within two years and includes injury to and cost of acquiring and replacement of prosthetic devices, hearing aids, and eye glasses. See
Personal injury by accident arising out of and in the course of employment: includes an injury caused by the willful act of a third person directed against an employee because of that employment. See
Personal property: All property that is not real property.
Plaintiff: The person who files the complaint in a civil lawsuit.
Police officer: means a law enforcement officer who has been certified by the Vermont Criminal Justice Council pursuant to 20 Vt. See
Political subdivision: means a city, town, village, gore, or other incorporated place. See
Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
Primary function: means a major activity for which the facility is intended. See
Probable cause: A reasonable ground for belief that the offender violated a specific law.
Probate: Proving a will
Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
Promotional activity: means purchasing paid advertisements in any media of communication or circulation of printed material advertising the assembly. See
Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
Psychiatric disability: means an impairment of thought, mood, perception, orientation, or memory that limits one or more major life activities but does not include intellectual disability. See
public building: includes , in addition to the definition in subdivision (8) of this section, a cooperative or condominium if the building otherwise meets the definition of "covered multifamily dwelling. See
public building: means :
Public place: means an open area where patrons cannot be accommodated inside a permanent building, other than a stadium used for sporting events, or a fairground having permanent seats for patrons, with respect to which a private person permits use by the general public. See
Public school: means an elementary school or secondary school operated by a school district. See
Quorum: The number of legislators that must be present to do business.
real estate: shall include lands, tenements, and hereditaments and all rights thereto and interests therein, and pews or slips in places of public worship shall be treated as real estate. See
Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. ^{Source: FDIC}
Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
rental housing: means :
Rescue or ambulance worker: means ambulance service, emergency medical personnel, first responder service, and volunteer personnel as defined in 24 V. See
residential construction: means new construction of one family or multifamily dwellings. See
road: shall include bridges thereon and their approaches. See
said: when used by way of reference to a person or thing shall apply to the same person or thing last mentioned. See
School board: means the board of school directors elected to manage the schools of a school district, the prudential committee of an incorporated school district, the supervisory union board of directors, and the supervisors of unorganized towns and gores. 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
seal: shall include an impression of the official seal made upon paper alone or by means of a wafer or wax affixed thereto. See
Secretary: means the Secretary of Education. See
Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
sexual orientation: means female or male homosexuality, heterosexuality, or bisexuality. See
sister: includes a stepbrother and stepsister, half-brother and half-sister, and a brother and sister by adoption, but does not include a married brother or a married sister unless dependent. See
sparkler: means a sparkling item that complies with the U. 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
State Board: means the State Board of Education established by chapter 3 of this title. See
State Police: means the sworn law enforcement officers who are employees of the Department. See
State-placed student: means :
Statute: A law passed by a legislature.
Subpoena: A command to a witness to appear and give testimony.
Summons: Another word for subpoena used by the criminal justice system.
Superintendent: means the chief executive officer of a supervisory union and each school board within it. See
Survivor: means a spouse, child, or parent of emergency personnel. See
sworn: shall include affirmed. See
Technically infeasible: means that an alteration of a building or a facility has little likelihood of being made accessible because compliance with accessibility standards would require removal or alteration of a load-bearing member that is an essential part of the existing structural frame, or because other existing physical or site constraints prohibit modification or addition of elements, spaces, or features that are in full and strict compliance with the minimum requirements for new construction and are necessary to provide accessibility. See
Teen parent education program: means a program designed to provide educational and other services to pregnant pupils or parenting pupils, or both. See
Testify: Answer questions in court.
Testimony: Evidence presented orally by witnesses during trials or before grand juries.
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
Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
Trustee: A person or institution holding and administering property in trust.
Trustees: means the individual members of the Board. See
Unit: means a self-contained portion of a public building under the control of the owner or lessee of the public building, such as a retail store in a shopping complex or a restaurant in an office building. See
Unlawful firearms: means firearms the possession of which constitutes a violation of federal or State law and firearms carried or used in violation of any federal or State law or in the commission of any federal or State felony. See
Unlawful per se: means firearms the possession of which is unlawful under any circumstances under State or federal law. See
Unprofessional conduct: means Category A, B, or C conduct. See
Uphold: The decision of an appellate court not to reverse a lower court decision.
Valid investigation: means an investigation conducted pursuant to a law enforcement agency's established or accepted procedures. See
Verdict: The decision of a petit jury or a judge.
Village: shall mean an incorporated village. See
Voice vote: A vote in which the Presiding Officer states the question, then asks those in favor and against to say "Yea" or "Nay," respectively, and announces the result according to his or her judgment. The names or numbers of legisators voting on each side are not recorded.
Wages: includes bonuses and the market value of board, lodging, fuel, and other advantages that can be estimated in money and that the employee receives from the employer as a part of his or her remuneration; but does not include any sum paid by the employer to his or her employee to cover any special expenses entailed on the employee by the nature of his or her employment. See
working farm or farms: means farms with fewer than the equivalent of 10 full-time employees who are not family members and who do not work more than 26 weeks a year. See
Writ: A formal written command, issued from the court, requiring the performance of a specific act.