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Senate Education Committee briefed on legal limits of delegating district-creation authority; Acts 46 and 49 cited
Summary
Legislative counsel told the Senate Education Committee that Vermont’s Constitution and a recent Supreme Court decision shaped when the State Board of Education may be given authority to create or force school district mergers, recommending detailed legislative guardrails if the General Assembly seeks to delegate that power.
Legislative counsel and staff briefed the Senate Education Committee on Feb. 10 about the constitutional limits on delegating authority to the State Board of Education to create or require school-district changes, using Acts 46 and 49 and recent court guidance as the focal point.
The counsel underscored that the creation of municipal corporations — which the briefing treated as including school districts — is a core legislative function under the Vermont Constitution and therefore can be delegated only when the legislature provides sufficiently specific guidance. "You have to build channels that guide the flow of legislative power and provide sufficient guidance to the other branches of government,"…
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