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Committee weighs how to define 'therapeutic' schools in H.454; members ask to exempt only Vermont students placed via IEP/504, LEA agreement or court order
Summary
House Education wrestled with how to define 'therapeutic' approved independent schools in statute, debating whether the definition should be limited to Vermont students placed under IEP/504 plans, LEA written agreements, or court orders.
The committee spent substantial time March 26 reviewing proposed statutory language defining "therapeutic approved independent school" in the H.454 draft. Counsel said the language largely mirrors the State Board’s 2,200 series definition but members and outside representatives raised concerns about edge cases.
Representatives of independent schools told the committee that some therapeutic schools serve students who are not on formal IEP or Section 504 plans (for example, students placed for acute behavioral needs, private pay students, or out‑of‑state boarders). Jay Nichols, identified in the record as "Jay Nichols, executive director of Mount Principal Association," urged the committee to allow placements via written agreement with a local education agency so a student in crisis could be placed quickly even before formal special education paperwork was completed.
Legislative counsel told the panel that the committee could draft the statutory definition narrowly or broadly depending on policy intent. Members discussed adding language to limit the statute’s enrollment requirements to Vermont students who are on IEPs or Section 504 plans, on written LEA placement agreements, or placed via court order. Counsel warned there are consequences to either approach and that the statutory definition need not match the existing State Board rule if the legislature chooses different policy boundaries.
The committee asked counsel to return with revised language that would preserve therapeutic schools that primarily serve Vermont students with documented special‑education placements or formal LEA agreements, while allowing carve‑outs (for example court orders) as needed. Members also discussed whether the definition should exclude or not limit schools that accept out‑of‑state or private‑pay students, noting those enrollments would not be the focus of Vermont’s statutory restrictions.
No vote was taken; counsel will prepare revised statutory language per the committee’s direction.
