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Committee debates 51% enrollment rule and other limits on approved independent schools in H.454 draft
Summary
The H.454 draft would make approved independent schools eligible to receive public tuition only if they meet multiple conditions — including a 51% district‑tuition enrollment test as of July 1, 2025 — and would permit limited waivers for class size in geographically isolated cases.
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On March 26 the House Education Committee reviewed language in the H.454 strike‑all that would set eligibility conditions for approved independent schools to receive public tuition. Under the draft discussed by legislative counsel, an approved independent school could receive public tuition only if it is approved under Section 166, located in Vermont, is approved on or before 07/01/2025, has at least 51% of its student enrollment composed of district‑funded tuition students as of 07/01/2025, and complies with Class Size Minimum Requirements; counsel added waiver language so the State Board could grant a waiver for class size where geographic isolation prevents compliance.
Committee members pressed several concerns: some said the 51% threshold and other conditions felt increasingly restrictive and could push some independent schools to decline public tuition; others worried about isolated cases where a local community relies on an independent school that does not meet the 51% mark because of boarding or out‑of‑area students. One member requested AOE data on which schools would be affected during the transition period. Another member described the restriction as "taxpayer accountability" but acknowledged it could feel targeted to independent schools.
Legislative counsel said the waiver process would be limited to class size requirements and that the State Board’s rules would include a waiver and review process. Counsel and members discussed that the draft would apply to all grades, not only grades 9–12.
The committee did not enact the language; members asked for data from the Agency of Education and for counsel to refine waiver and effective‑date wording before returning to the section.

