Amendment to H.454 narrows which independent schools districts may fund with public tuition

An amendment to H.454 under consideration in the Vermont House Education Committee would restrict which independent schools may receive public tuition payments from Vermont school districts and add a statutory definition of a “therapeutic approved independent school.” The committee discussed the change during a bill walkthrough on the amendment.

The proposal would allow tuition payments only to: a Vermont public school; an approved independent school that is approved under section 166 of Title 16 on or before July 1, 2025, that has at least 51% of its enrollment composed of students attending on a district-funded basis as of that date, and that complies with the minimum class-size requirements in Subdivision 165(a)(9); an independent school meeting every applicable education quality standard; a tutorial program approved by the state board; an approved education program; a public school in another state; or a therapeutic approved independent school that is approved under the laws of another state or country, the committee was told.

Beth, a staff member with the Agency of Education, told the committee that the bill’s text “would take effect on 07/01/2025” and walked members through how the proposed Section 8 28 in Title 16 determines which programs a district may pay tuition to. She said a district “shall not pay the tuition of a student except to … an approved independent school that is located in Vermont is approved under section 166 of this title on or before 07/01/2025, has at least 51% of its student enrollment composed of students attending on a district funded basis pursuant to chapter 21 of this title as of 07/01/2025 and complies with the minimum class size requirements contained in Subdivision 165 a 9 of this title.”

The amendment would add a statutory definition for “therapeutic approved independent school,” aligning a definition that until now has existed in state board rule. Under the proposed definition, a therapeutic approved independent school would be an approved independent school that limits enrollment for publicly funded Vermont students to those who are on an individualized education program (IEP) or Section 504 plan, or who attend under a written agreement with a local education agency or by court order, staff said.

The draft also includes transition language to preserve tuition payments for students already enrolled or accepted at an approved independent school before the new rules take effect. Beth summarized that “a school district that pays tuition … on effect on 06/30/2025, shall continue to pay tuition on behalf of a resident student enrolled for this school year or who's been accepted for enrollment next school year … until such time as the student graduates from that school.” In short, students already enrolled or accepted before July 1, 2025, would remain eligible for district-paid tuition at that school through graduation.

Committee members asked clarifying questions. Representative Burkhart asked how the “independent school meeting education quality standards” category differs from the approved-independent-school category; Beth explained the former requires meeting every education quality standard that applies to a public school (for example, licensed teachers and state-adopted curriculum and graduation requirements), a higher bar that currently applies to very few independent schools. Representative Kimball asked whether the amendment changes how tuition payments are calculated; staff said the amendment does not change tuition calculation and that any changes to the foundation formula would need separate statutory language.

Some members raised concerns about practical effects. Representative Marty (member of the committee) asked about a provision that limits where students from a closed public school may be sent, noting his district may have an independent school geographically closer that could absorb students; Beth said there is no waiver in the current draft allowing districts to send students to independent schools in that scenario. Committee members indicated they would raise such concerns with the broader House Education Committee.

No formal vote on the amendment was recorded during the walkthrough. The committee’s discussion focused on statutory criteria for tuition eligibility, the new therapeutic-school definition, and transition protections for students already enrolled or accepted prior to the effective date.