Senate briefing reviews options to restart Vermont school construction aid amid moratorium

John Green, officer of the Legislative Council, and Chris Roop, associate fiscal officer at the Joint Fiscal Office, briefed the Senate Education Committee on the state's paused school construction aid program and legislative options to restart it.

"School construction right now is not exactly proceeding under a particular program, but it's not to say that the language doesn't exist," said John Green, describing Title 16, Chapter 123 as the existing statutory framework now under moratorium.

The moratorium and why it matters

Green told the committee the current statutory program was created in 1996 to authorize the treasurer to issue bonds to assist school districts and that the program has been under suspension since 2007. Under the law, awards historically were a percentage of eligible project costs, and the program created a two-step application process: preliminary review by the Secretary of Education followed by final review and prioritization by the State Board of Education. Emergency aid authority for urgent repairs has continued during the suspension.

The pause has shifted most construction financing to local districts, with costs falling by default to local property tax levies and affecting the statewide education fund. Green said the statutory program also disqualifies projects where the Secretary finds the need is the result of "significant deferred maintenance," a provision he warned could make many existing needs ineligible under the current statute and rule set.

Past design and policy levers

Green reviewed the program features that serve as policy levers: (1) eligibility conditions that determine which projects may…