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School board authority in Vermont

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Vermont state law makes school boards responsible for governing and managing public school districts in the state. This article details the powers and duties Vermont law grants to school boards for governing school districts and the constraints on that authority with regard to certain topics.

HIGHLIGHTS
  • Vermont schools are required to inform students and parents of their school choice options annually.
  • Vermont school boards are required to develop and enforce library material selection policies that include procedures for complaints and appeals.
  • Vermont is the only state that authorizes individual schools, rather than school boards to create their own disciplinary policy.
  • Vermont is one of three states for which Ballotpedia could not identify legislation regarding the authorization of public charter schools.


    • Types of legal and contractual constraints on school board authority

    See also: Local school board authority across the 50 states

    This page presents the results from Ballotpedia research on school board authority and constraints on that authority in all 50 states as of 2024. School board authority comes from state constitutions and state statutes and can be interpreted or specified by state regulations or court decisions. In addition to authority over district budgets, the selection of a superintendent, and administrative responsibilities, school boards have varying levels of authority over district policy on other topics depending on the state and district.

    There are several sources of legal and contractual constraints on school board policy-making authority which also vary by state or by district.

    • State laws commonly restrict or mandate school board policies on certain topics.
      • Parents' Bills of Rights, which at least 26 states have in statute to some degree, limit the policies school boards are allowed to pass.
    • State rules, guidance, and funding incentives can constrain, mandate, or influence school board policies. These include regulation from state education commissions and superintendents, executive orders from governors, or grant conditions.
    • Federal and state court rulings can dictate whether or not school district policies are compatible with state law or federal law.
    • The federal government, largely through its Department of Education, can promulgate regulations or guidance that influence district policy or make funding contingent on certain policies.
    • Collective bargaining agreements between school districts and teacher unions can create contractual constraints on the policies school boards can pass.
    • State school board associations can influence school board policy or, in some cases. enter into contracts with school boards that can limit school board policy.

    This page features the following sections:

    School board authority over district policy in Vermont

    Enabling or authorizing statute for the boards of school districts in Vermont

    See also: Enabling statute

    Vermont Statute 16 § 11 defines school boards as the managers of the schools in the district:[1]

    “

    (9) “School board” means the board of school directors elected to manage the schools of a school district, the prudential committee of an incorporated school district, the supervisory union board of directors, and the supervisors of unorganized towns and gores.[2]

    		”

    Vermont school boards' powers and duties

    Vermont public school boards of directors are given 26 specific duties or powers to administer the public schools in the Vermont. In addition to budget-related and fiscal duties, school property and facilities management, and administrative responsibilities, the specific powers and duties include:

    • regulate or prohibit firearms or other dangerous or deadly weapons on school premises
    • provide schools in their district with textbooks, learning materials, equipment, and supplies

    The list of powers and duties school district boards are charged with appears in Vermont Statutes 16 § 563 and are as follows:[3]

    “

    § 563. Powers of school boards; form of vote

    The school board of a school district, in addition to other duties and authority specifically assigned by law:

    (1) Shall determine the educational policies of the school district. Board policies shall be of general application to the district and shall be in writing, codified, and made available to the public. Board policies shall be adopted at regular or special school board meetings. A school board shall give public notice of its intent to adopt a board policy, stating the substance of the proposed policy, at least ten days prior to its adoption. A school board may also approve or disapprove rules and regulations proposed by the principal or superintendent for the conduct and management of public schools in the district.

    (2) May take any action that is required for the sound administration of the school district. The Secretary, with the advice of the Attorney General, upon application of a school board, shall decide whether any action contemplated or taken by a school board under this subdivision is required for the sound administration of the district and is proper under this subdivision. The Secretary’s decision shall be final.

    (3) Shall have the possession, care, control, and management of the property of the school district, subject to the authority vested in the electorate or any school district official.

    (4) [Repealed.]

    (5) Shall keep the school buildings and grounds in good repair, suitably equipped, insured, and in safe and sanitary condition at all times. The school board shall regulate or prohibit firearms or other dangerous or deadly weapons on school premises. At a minimum, a school board shall adopt and implement a policy at least consistent with section 1166 of this title and 13 V.S.A. § 4004, relating to a student who brings a firearm to or possesses a firearm at school.

    (6) Shall have discretion to furnish instruction to students who have completed a secondary education and to administer early educational programs.

    (7) May relocate or discontinue use of a schoolhouse or facility, subject to the provisions of sections 821 and 822 of this title.

    (8) Shall establish and maintain a system for receipt, deposit, disbursement, accounting, control, and reporting procedures that meets the criteria established by the State Board pursuant to subdivision 164(15) of this title and that ensures that all payments are lawful and in accordance with a budget adopted or amended by the school board. The school board may authorize a subcommittee, the superintendent of schools, or a designated employee of the school board to examine claims against the district for school expenses and draw orders for the payment of those claims. Such orders shall state definitely the purpose for which they are drawn and shall serve as full authority to the treasurer to make such payments. It shall be lawful for a school board to submit to its treasurer a certified copy of those portions of the board minutes, properly signed by the clerk and chair, or a majority of the board, showing to whom and for what purpose each payment is to be made by the treasurer, and such certified copy shall serve as full authority to the treasurer to make the payments as thus approved.

    (9) Shall establish with the advice and consent of the Auditor of Accounts and the Secretary a system of accounts for the proper control and reporting of school district finances and for stating the annual financial condition of the school district.

    (10) Shall prepare and distribute to the electorate, not less than ten days prior to the district’s annual meeting, a report of the conditions and needs of the district school system, including the superintendent’s, supervisory union treasurer’s, and school district treasurer’s annual report for the previous school year and the balance of any reserve funds established pursuant to 24 V.S.A. § 2804. At a school district’s annual meeting, the electorate may vote to provide notice of availability of the report required by this subdivision to the electorate in lieu of distributing the report. If the electorate of the school district votes to provide notice of availability, it must specify how notice of availability shall be given, and such notice of availability shall be provided to the electorate at least 30 days before the district’s annual or special meeting.

    (11)(A) Shall prepare and distribute annually a proposed budget for the next school year according to such major categories as may from time to time be prescribed by the Secretary.

    (B) [Repealed.]

    (C) At a school district’s annual or special meeting, the electorate may vote to provide notice of availability of the school budget required by this subdivision to the electorate in lieu of distributing the budget. If the electorate of the school district votes to provide notice of availability, it must specify how notice of availability shall be given, and such notice of availability shall be provided to the electorate at least 30 days before the district’s annual meeting. The proposed budget shall be prepared and distributed at least ten days before a sum of money is voted on by the electorate. Any proposed budget shall show the following information in a format prescribed by the Secretary:

    (i) all revenues from all sources, and expenses, including as separate items any assessment for a supervisory union of which it is a member and any tuition to be paid to a career technical center; and including the report required in subdivision 242(4)(D) of this title itemizing the component costs of the supervisory union assessment;

    (ii) the specific amount of any deficit incurred in the most recently closed fiscal year and how the deficit was or will be remedied;

    (iii) the anticipated statewide education tax rate as adjusted for each tax classification pursuant to 32 V.S.A. § 5402; and

    (iv) the definition of “supplemental district spending,” the long-term membership of the school district, and the district’s pupil supplemental district spending in the proposed budget and in each of the prior three years; and

    (v) the supplemental district spending yield.

    (D) The board shall present the budget to the voters by means of a ballot in the following form:

    “Article #1 (School Budget):

    Shall the voters of the school district approve the school board to expend $ ______ , which is the amount the school board has determined to be necessary in excess of the school district’s educational opportunity payment for the ensuing fiscal year?

    The ________ District estimates that this proposed budget, if approved, will result in per pupil supplemental district spending of $________, which is _____% higher/lower than per pupil supplemental district spending for the current year, and a supplemental district spending tax rate of ________ per $100.00 of equalized education property value.”

    (12) Shall employ such persons as may be required to carry out the work of the school district pursuant to the provisions of subdivision 242(3) of this title.

    (13) [Repealed.]

    (14) Shall provide, at the expense of the district, subject to the approval of the superintendent, all text books, learning materials, equipment, and supplies.

    (15) Shall exercise the general powers given to a legislative branch of a municipality.

    (16) May execute contracts on behalf of the school district, including contracts providing for binding arbitration, by its chair or any person designated whose appointment is recorded in the minutes of the board.

    (17)-(18) [Repealed.]

    (19) Shall allow any high school student who meets the academic requirements of the high school to graduate and receive a diploma in less than four years.

    (20) Shall establish policies and procedures designed to avoid the appearance of board member conflict of interest.

    (21) Shall have the authority to engage in short-term borrowing to cover the costs of those portions of projects approved by the State Board and that will be reimbursed by the State Board under sections 3447-3456 of this title but which payments will be delayed. However, the board shall borrow under this subdivision only amounts that it would receive if the State Board could fund its obligation and may borrow no earlier than the time it would have received the funds. The State shall not pay for costs of borrowing funds under this subdivision.

    (22) May apply for grants and may accept and expend grants or gifts. The board shall include, in its annual report, a description of all grants or gifts accepted during the year and associated expenditures.

    (23) May, at the expense of the district, present informational materials to the electorate on any matter to be voted. However, such materials shall be limited to those that are reasonably designed to inform, educate, and explain to the electorate the board’s position on the matter.

    (24) Shall adopt a policy that, in accordance with rules adopted by the State Board of Education, will integrate home study students into its schools through enrollment in courses, participation in cocurricular and extracurricular activities, and use of facilities.

    (25) Shall, if it is a school board of a school district that maintains a secondary school, upon request, award a high school diploma to any Vermont resident who served in the military in World War II, the Korean War, or during the Vietnam era, was honorably separated from active federal military service, and does not hold a high school diploma. The State Board shall develop and make available an application form for veterans who wish to request a high school diploma.

    (26) [Repealed.]

    (27) Annually, shall inform each secondary student and the student’s parents or guardians of the right to opt out of the federal requirement that student contact information be provided to military recruiters or institutions of higher education pursuant to 20 U.S.C. § 7908(a). A school board shall enable the secondary student and the student’s parents or guardians to disallow provision of student contact information to either military recruiters or institutions of higher education, while allowing provision of information to the other. For purposes of this subdivision, “secondary student” means a student in grade 9, 10, 11, or 12.

    (28) Annually, shall inform students and their parents or guardians of their options for school choice under applicable laws or policy.

    (29) Shall assign an employee to annually:

    (A) inform parents of students with life-threatening allergies and life-threatening chronic illnesses of applicable provisions of Section 504 of the Rehabilitation Act of 1973 and other applicable federal statutes, State statutes, federal regulations, and State rules;

    (B) inform appropriate school staff of their responsibilities; and

    (C) provide necessary training to carry out these responsibilities.

    (30) May make available school facilities and equipment for specified public purposes if such purposes appear, in the judgment of the board, to be in the best interests of the district and are an efficient, economical, and appropriate use of the facilities and equipment.

    (31) Subject to the requirements of section 571 of this title, may enter into contracts with other school boards to provide joint programs, services, facilities, and professional or other staff.

    (32) May enter into a contract or contracts with a school offering a distance learning program that is approved by one or more accrediting agencies recognized by the U.S. Department of Education or is approved in Vermont pursuant to subdivision 166(b)(6) of this title. [2]

    		”

    Constraints on Vermont school boards' authority

    This section tracks constraints on school boards specific to Vermont as of September 2024. It features constraints on school boards' authority from state law, collective bargaining agreements, and Parents' Bills of Rights.

    Constraint on Vermont school boards' authority by topic

    This section features constraints on Vermont school boards' authority on policies related to the following topics:

    Curriculum requirements

    Vermont requires the following specific topics to be included in each district's curriculum:[4]

    • communication skills (including reading, writing, and the use of numbers)
    • citizenship, history, and government in Vermont and the United States
    • physical and health education (including the effects of tobacco, alcoholic drinks, and drugs on the human system and on society)
    • English, American, and other literature
    • tobacco, alcohol, and drug abuse prevention[5]

    Curriculum restrictions

    Ballotpedia could not identify any curricular content prohibited by state statutes, regulations, case law, or collective bargaining agreements.

    Federal law and guidance

    Book bans, removals, and restrictions

    Vermont school boards have the authority to remove books from school libraries. State law requires school boards to develop and enforce "library material selection policy and procedures for the reconsideration and retention of materials that affirm the importance of intellectual freedom," according to state law.[7]

    “

    Sec. 7a of this act establishes a requirement for each school board and each approved independent school to develop, adopt, and ensure enforcement of a library material selection policy and procedures for the reconsideration and retention of materials that affirms the importance of intellectual freedom, guided by the First Amendment, the Civil Rights Act of 1964, Vermont laws prohibiting discrimination in places of public accommodation, the American Library Association’s Freedom to Read Statement, Vermont’s Freedom to Read Statement, and that reflect Vermont’s diverse people and history, including diversity of race, ethnicity, sex, gender identity, sexual orientation, disability status, religion, and political beliefs.[2]

    		”

    Case law:
    The U.S. Supreme Court affirmed local school boards' authority to remove school books in Island Trees Sch. Dist. v. Pico by Pico in 1982 but held that school library books are distinct from curricular books, which school boards have more authority to regulate. The ruling held that school boards are charged with inculcating community values and may make curricular decisions accordingly. In Zykan v. Warsaw Community School Corp. in 1980, the Supreme Court held that school boards had discretionary power over curriculum, textbooks, and other educational matters but could not impose religious creeds or "permanently the student’s ability to investigate matters that arise in the natural course of intellectual inquiry,” according to the opinion.[8][9][10]

    Federal guidance


    Parental notification

    Vermont requires parental notification regarding the following:[12]

    • their school choice options
    • an incident of bullying or harassment involving their child
    • their child is found to be absent without cause
    • misconduct by their child, including if disciplinary actions are taken
    • their child is secluded or restrained for any reason
    • their right to move their child to a different school if their child attends a school that has been deemed according to state law as persistently dangerous[13]

    Vermont schools receiving Title I funds under the Every Student Succeeds Act have additional parental notification requirements:[14]

    • schools receiving Title I funds must notify parents that they have the right to ask for and receive information about the qualifications of their children’s teacher
    • schools receiving Title I funds must notify parents about an unqualified teacher who has been teaching their children for four or more consecutive weeks

    Case law: The United States Supreme Court ruled in Mahmoud v. Taylor on June 27, 2025, that Montgomery County Board of Education's introduction of LGBTQ+ related storybooks, along with its decision to withhold opt outs, placed an unconstitutional burden on the parents’ rights to the free exercise of their religion.[15]

    Discipline

    See also: How does Vermont compare to other states on school board authority over disciplinary policy?

    Vermont is the only state that gives individual schools the authority to adopt disciplinary policy.

    However, school boards are given authority to create suspension and expulsion policies, according to Vermont Statutes 16 § 1162. The text of Vermont Statutes 16 § 1161a and 16 § 1162 are as follows:[16][17]

    § 1161a. Discipline

    (a) Each public and each approved independent school shall adopt and implement a comprehensive plan for responding to student misbehavior. To the extent appropriate, the plan shall promote the positive development of youths. The plan shall include:

    (1) The school’s approach to classroom management and response to disruptive behavior, including the use of alternative educational settings.

    (2) The manner in which the school will provide information and training to students in methods of conflict resolution, peer mediation, and anger management.

    (3) Procedures for informing parents of the school’s discipline policies, for notifying parents of student misconduct, and for working with parents to improve student behavior.

    (4) The school’s response to significant disruptions, such as threats or use of bombs or weapons.

    (5) A description of how the school will ensure that all staff and contractors who routinely have unsupervised contact with students periodically receive training on the maintenance of a safe, orderly, civil, and positive learning environment. The training shall be appropriate to the role of the staff member being trained and shall teach classroom and behavior management, enforcement of the school’s discipline policies, and positive youth development models.

    (6) A description of behaviors on and off school grounds that constitute misconduct, including harassment, bullying, and hazing, particularly those behaviors that may be grounds for expulsion. The plan shall include a description of misconduct as listed in subdivisions 11(a)(26)(A)-(C) and (32) of this title that, although serious, does not rise to the level of harassment or bullying as those terms are defined in these subdivisions.

    (7) Standard due process procedures for suspension and expulsion of a student.

    (b) For the purpose of this chapter, “corporal punishment” means the intentional infliction of physical pain upon the body of a pupil as a disciplinary measure.

    (c) No person employed by or agent of a public or approved independent school shall inflict or cause to be inflicted corporal punishment upon a student attending the school or the institution. However, this section does not prohibit a person from using reasonable and necessary force:

    (1) to quell a disturbance;

    (2) to obtain possession of weapons or other dangerous objects upon the person of or within the control of a student;

    (3) for the purpose of self defense; or

    (4) for the protection of persons or property.

    § 1162. Suspension or expulsion of students

    (a) A superintendent or principal may, pursuant to policies adopted by the school board that are consistent with State Board rules, suspend a student for up to 10 school days or, with the approval of the board of the school district, expel a student for up to the remainder of the school year or up to 90 school days, whichever is longer, for misconduct:

    (1) on school property, on a school bus, or at a school-sponsored activity when the misconduct makes the continued presence of the student harmful to the welfare of the school;

    (2) not on school property, on a school bus, or at a school-sponsored activity where direct harm to the welfare of the school can be demonstrated; or

    (3) not on school property, on a school bus, or at a school-sponsored activity where the misconduct can be shown to pose a clear and substantial interference with another student’s equal access to educational programs.

    (b) Nothing contained in this section shall prevent a superintendent or principal, subject to subsequent due process procedures, from removing immediately from a school a student who poses a continuing danger to persons or property or an ongoing threat of disrupting the academic process of the school, or from expelling a student who brings a weapon to school pursuant to section 1166 of this title.

    (c) Principals, superintendents, and school boards are authorized and encouraged to provide alternative education services or programs to students during any period of suspension or expulsion authorized under this section.

    (d) Notwithstanding anything to the contrary in this chapter, a student enrolled in a public school, approved independent school, or prequalified private prekindergarten program who is under eight years of age shall not be suspended or expelled from the school; provided, however, that the school may suspend or expel the student if the student poses an imminent threat of harm or danger to others in the school.

    Federal guidance

    School board elections

    See also: Rules governing school board election dates and timing in Vermont, How does Vermont compare to other states on school board authority over election timing?

    Vermont is one of 42 states in which school boards do not have authority over the timing of school board elections because state or municipal laws determine school board election dates.

    Click here to read about the laws governing school board elections in Vermont.

    Public school choice and open enrollment

    See also: School choice in Vermont

    Though intra- and interdistrict open enrollment policies for high schools are mandatory across the state, school boards can set limits based on the financial impact and the capacity of the program, class, and building. School boards across districts are authorized make arrangements for tuition payments as they see fit:[19]

    “

    § 822a. Public high school choice

    (a) Definitions. In this section:

    (1) “High school” means a public school or that portion of a public school that offers grades 9 through 12 or some subset of those grades.

    (2) “Student” means a student’s parent or guardian if the student is a minor or under guardianship and means a student himself or herself if the student is not a minor.

    (b) Limits on transferring students. A sending high school board may limit the number of resident students who transfer to another high school under this section in each year; provided that in no case shall it limit the potential number of new transferring students to fewer than five percent of the resident students enrolled in the sending high school as of October 1 of the academic year in which the calculation is made or 10 students, whichever is fewer; and further provided that in no case shall the total number of transferring students in any year exceed 10 percent of all resident high school students or 40 students, whichever is fewer.

    (c) Capacity. On or before February 1 each year, the board of a high school district shall define and announce its capacity to accept students under this section. The Secretary shall develop, review, and update guidelines to assist high school district boards to define capacity limits. Guidelines may include limits based on the capacity of the program, class, grade, school building, measurable adverse financial impact, or other factors, but shall not be based on the need to provide special education services.

    (d) Lottery.

    (1) Subject to the provisions of subsection (f) of this section, if more than the allowable number of students wish to transfer to a school under this section, then the board of the receiving high school district shall devise a nondiscriminatory lottery system for determining which students may transfer.

    (2) Subject to the provisions of subsection (f) of this section, if more than the allowable number of students wish to transfer from a school under this section, then the board of the sending high school district shall devise a nondiscriminatory lottery system for determining which students may transfer; provided, however:

    (A) a board shall give preference to the transfer request of a student whose request to transfer from the school was denied in a prior year; and

    (B) a board that has established limits under subsection (b) of this section may choose to waive those limits in any year.

    (e) Application and notification.

    (1) A high school district shall accept applications for enrollment until March 1 of the school year preceding the school year for which the student is applying.

    (2) A high school district shall notify each student of acceptance or rejection of the application by April 1 of the school year preceding the school year for which the student is applying.

    (3) An accepted student shall notify both the sending and the receiving high schools of his or her decision to enroll or not to enroll in the receiving high school by April 15 of the school year preceding the school year for which the student has applied.

    (4) After sending notification of enrollment, a student may enroll in a school other than the receiving high school only if the student, the receiving high school, and the high school in which the student wishes to enroll agree. If the student becomes a resident of a different school district, the student may enroll in the high school maintained by the new district of residence.

    (5) If a student who is enrolled in a high school other than in the school district of residence notifies the school district of residence by July 15 of the intent to return to that school for the following school year, the student shall be permitted to return to the high school in the school district of residence without requiring agreement of the receiving district or the sending district.

    (f) Enrollment.

    (1) An enrolled nonresident student shall be permitted to remain enrolled in the receiving high school without renewed applications in subsequent years unless:

    (A) the student graduates;

    (B) the student is no longer a Vermont resident; or

    (C) the student is expelled from school in accordance with adopted school policy.

    (2) A career technical education (CTE) center serving the region in which a receiving high school district is located shall be the CTE center in which a nonresident student under this section is eligible to enroll. The nonresident student shall be eligible to use any transportation the district provides for resident students attending the CTE center.

    (g) Tuition and other costs.

    (1) Unless the sending and receiving schools agree to a different arrangement, no tuition or other cost shall be charged by the receiving district or paid by the sending district for a student transferring to a different high school under this section; provided, however, a sending high school district shall pay special education and career technical education costs for resident students pursuant to the provisions of this title.

    (2) A student transferring to a different high school under this section shall pay no tuition, fee, or other cost that is not also paid by students residing in the receiving district.

    (3) A district of residence shall include within its average daily membership any student who transfers to another high school under this section; a receiving school district shall not include any student who transfers to it under this section.

    (h) Special education. If a student who is eligible for and receiving special education services chooses to enroll in a high school other than in the high school district of residence, then the receiving high school shall carry out the individualized education program, including placement, developed by the sending high school district. If the receiving high school believes that a student not on an individualized education program may be eligible for special education services or that an existing individualized education program should be altered, it shall notify the sending high school district. When a sending high school district considers eligibility, development of an individualized education program, or changes to a program, it shall give notice of meetings to the receiving high school district and provide an opportunity for representatives of that district to attend the meetings and participate in making decisions.

    (i) Suspension and expulsion. A sending high school district is not required to provide services to a resident student during a period of suspension or expulsion imposed by another high school district.

    (j) Transportation. Jointly, the superintendent of each supervisory union shall establish and update a statewide clearinghouse providing information to students about transportation options among the high school districts.

    (k) Nonapplicability of other laws. The provisions of subsections 824(b) and (c) (amount of tuition), 825(b) and (c) (maximum tuition rate), and 826(a) (notice of tuition change) and section 836 (tuition overcharge and undercharge) of this chapter shall not apply to enrollment in a high school pursuant to this section.

    (l) Waiver. If a high school board determines that participation under this section would adversely affect students in its high school, then it may petition the Secretary for an exemption. The Secretary’s decision shall be final.

    (m) Report. Notwithstanding 2 V.S.A. § 20(d), the Secretary shall report annually in January to the Senate and House Committees on Education on the implementation of public high school choice as provided in this section, including a quantitative and qualitative evaluation of the program’s impact on the quality of educational services available to students and the expansion of educational opportunities. [2]

    		”

    Additionally, school districts are required to allow students to transfer schools within their district if they attend a school that has been deemed persistently dangerous according to state law or if they have been a victim of a violent crime:[13]

    “

    (a) Unsafe school choice - Each local education agency shall ensure that any student who either attends a persistently dangerous public elementary or secondary school, or is a victim of a violent criminal offense that occurred in or on the grounds of a public elementary or secondary school that the student attends, shall be allowed to attend a safe public school at the same grade level within that local education agency. For purposes of this section, a "safe public school" shall mean a public school that has not been designated by the Department of Education as a persistently dangerous public elementary or secondary school.

    (b) Persistently dangerous school -- Each local education agency shall, by June 1, furnish data requested by the Commissioner on whether its schools are persistently dangerous. If data becomes available after June 1, but before June 30, the report shall be amended by the local education agency. The Commissioner shall determine by June 30 whether and which schools are persistently dangerous. A school shall be designated as persistently dangerous if all of the criteria in (1) -- (3) below are met for each of the immediately prior three school years:

    (1) 3% or more of the student enrollment or, with respect to a school with a student enrollment of less than a hundred, at least three students, have been expelled for violence-related incidents that occurred in or on the grounds of the school; (2) One or more students have been expelled for possessing a weapon in or on the grounds of the school. For purposes of this section "weapon" means a dangerous or deadly weapon within the meaning of 13 V.S.A. § 4016(a)(2); and (3) 3% or more of the student enrollment or, with respect to schools with a student enrollment of less than a hundred, at least three students, have been determined to be victims of violent criminal offenses and have exercised the school choice option described in subsection (a), above. This criterion is inapplicable with respect to any school year prior to July 1, 2003. (c) Duration of designation -- A school that has been designated as being persistently dangerous shall continue to be so designated until such time as two consecutive school years have passed in which the school has met less than all of the criteria set forth in subsections (b)(1) - (3), above.

    (d) Victims of violent criminal offenses -- When a student seeks to exercise school choice as the victim of a violent criminal offense, the principal shall determine whether that student is the victim of a violent criminal offense that occurred in or on the grounds of the school that the student attends. Such principal shall, prior to making any such determination, consult with any law enforcement agency investigating such alleged violent criminal offense and consider any reports or records provided by such agency. The principal may conclude that a student has been a victim of a violent criminal offense where either:

    (1) the perpetrator has admitted the violent conduct, or (2) the evidence against the perpetrator allows for no reasonable doubt that he or she committed the offense. The determination of the principal may be appealed by or on behalf of a student claiming to be the victim of a violent offense to the superintendent, and then to the school board for the district. For purposes of this section, "violent criminal offense" shall mean any simple assault as defined in 13 V.S.A. § 1023 that results in bodily injury, or any crime listed under 13 V.S.A. § 5301(7)(A)-(I), (M), (N) & (P)-(T). (e) Transfer - Any student who transfers to a safe public school pursuant to subsection (a), above, shall be enrolled in the classes and other activities of the public school to which such student transfers in the same manner as all other children at that public school.

    (f) Notification - Each local education agency that is required to provide school choice pursuant to the provisions of this section shall promptly notify parents of, or persons in parental relation to students:

    (1) attending schools that have been designated as persistently dangerous, or (2) who are victims of violent criminal offenses of their right to transfer to a safe public school within the local education agency, and of the procedures for such transfer. Nothing in this section shall be construed to require such notification if there are no other public schools within the local education agency at the same grade level. (g) Duration of unsafe school choice -- Any student who transfers to a safe public school pursuant to subsection (a), above, shall be permitted to remain in such safe public school until the end of the last grade-level offered at the school from which he or she transferred.

    (h) Designating a safe public school - When a school has been designated as a persistently dangerous public elementary or secondary school, or when a student has been the victim of a violent criminal offense that occurred in or on the grounds of a public elementary or secondary school that the student attends, it shall be the responsibility of the local education agency, after consultation with the student's parents, based on objective criteria, to designate a safe public school or schools within the local education agency to which the student(s) may transfer. Nothing in this subdivision shall be construed to require a local education agency to designate a safe public school if there are no other public schools within the local education agency at the same grade level.

    (i) Transportation - Consistent with the criteria of its transportation policy, the local education agency shall provide transportation for any student permitted to transfer to the safe public school within the local education agency it has designated pursuant to subdivision (h) of this section.

    (j) Definition of local education agency -- For purposes of this section, "local education agency" shall mean a school district, as defined in 16 V.S.A. § 11(a)(10). 16 V.S.A. §§ 164(7), 168[2]

    		”

    Charter schools

    See also: Charter schools in Vermont, How does Vermont compare to other states on school board authority over charter schools?

    Vermont is one of three states for which Ballotpedia could not identify legislation regarding the authorization of public charter schools.


    Cellphone bans

    See also: How does Vermont compare to other states on cellphone laws?

    Vermont is one of 26 states with state laws or executive orders prohibiting or limiting cell phones in classrooms and/or schools, including through requiring school boards to pass certain policies. Vermont Governor Phil Scott (R) signed H480 into law on June 27, 2025, directing the Secretary of Education to collaborate with the Vermont School Boards Association, the Vermont Independent School Association, and the Vermont Coalition for Phone and Social Media Free Schools to develop a policy prohibiting the use of cellphones in K-12 Schools. The policy, which must include exceptions for students with individualized healthcare or education plans and allow for administrator discretion, must be completed by January 1, 2026, to take effect during the 2026–2027 school year. H480 also prohibits schools from requiring students to use social media unless approved by the school district for recorded communication. [20]

    Collective bargaining agreements

    Teacher union collective bargaining agreements (CBAs) can constrain school board authority. Teacher CBAs are agreements between a school district and a teachers’ union to establish rights and other contract details for public school employees. CBAs do not have the force of law, but are contractually binding for a set period of time. Within the time set out in the agreement, the school board must comply with the stipulations that were agreed to in the contract. In this way, CBAs can constrain school board authority by giving teachers authority over curriculum, prohibiting school boards from banning books, and establishing certain student or parental rights. They can also determine rights and protections for educators, and conditions for students (such as required recess periods or the amount of standardized testing), among other provisions.

    CBAs vary greatly within and across states in size, topics covered, and constraints they put on school boards. Not all states allow teachers to bargain collectively. As of January 2022, 35 states and the District of Columbia guaranteed K-12 teachers some right to bargain collectively, and six states prohibited public-sector employee collective bargaining by law, which includes public school teachers. The other nine states have no statewide bargaining framework, but local jurisdictions within these states can grant bargaining rights if they choose.[21][22]

    Vermont school boards are authorized to engage in collective bargaining agreements with school employees, which can constrain their authority over certain district policies.

    For example, while school boards in Vermont are charged with managing the employees of the school district, a collective bargaining agreement between the Essex Westford Educational Community Unified Union School Board and the Essex Westford Education Association Support Staff Unit requires the school board to have just cause before disciplining, demoting, suspending, or discharging employees.[23]

    “

    5.7 Just Cause: Except for during the probationary period outlined in Article 5, 5.6, an employee shall not be disciplined, demoted, suspended or discharged without just cause. All formal discipline shall be in writing. [2]

    		”

    Parents' bill of rights

    See also: How does Vermont compare to other states on Parents' Bills of Rights?

    Vermont is one of 24 states that does not have a statewide Parents' Bill of Rights.


    How does Vermont compare to other states?

    This section compares Vermont's school board authority and constraints with those of other states on select topics. These topics include authority over discipline policy, school board election timing, charter schools, cellphone use policy, as well as constraints on school boards' authority from Parents' Bills of Rights.

    Book bans, removals, and restrictions

    Twenty-four (24) states have no laws regulating the curation of school library books. Twenty-six (26) states, however, have passed laws restricting school board authority over school library book curation. These laws typically fall into one of the following categories:

    • Ten states require school boards to develop a policy for the removal of books, including creating a way for the public to challenge school library books.
    • Eight states prohibit school boards from removing books on the grounds that they represent specific ideologies or perspectives.
    • Six states prohibit books if they contain specific material, including sexual content or anything deemed harmful to minors.
    • Five states require school boards to establish local boards to review challenges to library books.
    • Two states require school boards to allow parents to view a catalogue of books.

    Some states have adopted multiple types of these policies.

    Discipline

    • School boards in 47 states have authority over disciplinary policy in their district.
    • School boards in two states have authority over disciplinary policy for specific circumstances, such as suspension, expulsion, or bullying.
    • Individual schools in one state create their own disciplinary policy.

    School board elections

    School boards' authority over the timing of school board elections varies by state.

    • School boards in 42 states do not have authority over election timing;
    • School boards in five states can choose from limited options when to hold school board elections;
    • School boards in two states can choose from a date range when to hold school board elections;
    • The school board in Hawaii is not elected.

    The map below shows the types of authority school boards in the states have to determine the timing of school board elections.

    Charter schools

    See also: Charter schools in the United States

    Some school boards in the U.S. are authorized to approve or deny applications for charter schools in their district, while state boards of education hold the authority in other states. In some states, school boards can authorize charter schools, but there are other entities besides school boards that can also authorize charter schools or to which a school board decision can be appealed.

    • 10 states do not authorize school boards to make decisions on whether to approve new charter schools in their districts.
    • 36 states do authorize school boards to approve new charter schools in their districts, deny approval to new charter schools, or both.
    • 3 states do not have laws governing charter school authorization.
    • 1 state allows school districts to apply to the state board of education to be a charter school district.

    State cellphone laws

    See also: State policies on cellphone use in K-12 public schools

    In most states, school boards or superintendents often set policies on cellphones in public schools. According to the National Center for Education Statistics (NCES), around 76% of schools said they banned the non-academic use of cellphones or smartphones during school hours during the 2021-22 school year, down from 91% in 2010.[24]

    Beginning with Florida in 2023, some states enacted laws or policies to regulate student cellphone usage in public schools. Twenty-six (26) states had statewide laws or policies restricting cellphone use in K-12 classrooms or schools as of June 2025. Four states had requirements for all school district boards to adopt a policy on cellphones but without specific requirements for those policies. Four other states had policies encouraging school districts to establish restrictions on cellphone use in the classroom.


    Parents' Bill of Rights

    See also: Parents' Bill of Rights in education

    If state law explicitly provides certain rights to parents, it can constrain the policy-making authority of school boards. These sections of statute are often referred to within statute and are categorized here as Parents' Bills of Rights. In some states, they are education-specific, regarding the rights a parent has to be involved in their child's public education. Common examples include notification requirements, opt-out rights, and records access. Other Parents' Bills of Rights are more general, commonly affording parents a right to direct the upbringing of their child.

    • 26 states have enacted a statewide Parents' Bill of Rights
    • 24 states have not enacted a Parents' Bill of Rights.

    Noteworthy events

    See also: Overview of trends in K-12 curricula development
    • Vermont enacts bill to shift education funding and structure (2025): Vermont Governor Phil Scott (R) signed House Bill 454 on July 1, 2025, to shift the structure and funding of the state's public schools. The bill establishes a committee to consolidate school districts, establishes a statewide school calendar, and amends the funding structure for the state's public schools.[25]
    • Vermont adopts K-12 cellphone ban (2025): Vermont Governor Phil Scott (R) signed H480 into law on June 27, 2025, directing the Secretary of Education to collaborate with the Vermont School Boards Association, the Vermont Independent School Association, and the Vermont Coalition for Phone and Social Media Free Schools to develop a policy prohibiting the use of cellphones in K-12 Schools. The policy, which must include exceptions for students with individualized healthcare or education plans and allow for administrator discretion, must be completed by January 1, 2026, to take effect during the 2026–2027 school year. H480 also prohibits schools from requiring students to use social media unless approved by the school district for recorded communication. [26]
    • Coalition of attorneys general files amicus brief in support of incorporating LGBTQ+ books in curriculum (2023): A coalition of 19 attorneys general filed an amicus brief on October 31, 2023, in support of Maryland's Montgomery County Board of Education’s policy to allow LGBTQ+ books to be incorporated into the curriculum. Montgomery County Public Schools faced legal challenges from a group of parents after implementing a policy in the 2022-2023 school year to incorporate LGBTQ+ books into their curriculum. The coalition included attorneys general from California, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New York, New Jersey, Oregon, Pennsylvania, Rhode Island, Vermont, Washington, and the District of Columbia.[27]

    See also

    Footnotes

    1. ↑ Vermont Legislature, "16 V.S.A. § 11," accessed January 28, 2025
    2. ↑ 2.0 2.1 2.2 2.3 2.4 2.5 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
    3. ↑ Vermont Legislature, "16 V.S.A. § 563," accessed January 28, 2025
    4. ↑ Vermont Legislature, "16 V.S.A. § 906 - Courses of Study," accessed January 28, 2025
    5. ↑ Vermont Legislature, "16 V.S.A. § 909 - Tobacco use, alcohol and drug abuse prevention education curriculum," accessed January 28, 2025
    6. ↑ The White House, "Ending Radical Indoctrination in K-12 Schooling," accessed March 14, 2025
    7. ↑ Vermont Legislature, "S.220 (Act 150)," accessed January 28, 2025
    8. ↑ Education Law Center, Pennsylvania, "Challenging book bans: What can you do," September 18, 2024
    9. ↑ Law.Justia.com, "Island Trees Sch. Dist. v. Pico by Pico, 457 U.S. 853 (1982)," September 18, 2024
    10. ↑ Law.Justia.com, "Zykan v. Warsaw Community School Corp., 631 F.2d 1300 (7th Cir. 1980)," October 11, 2024
    11. ↑ U.S. Department of Education, "U.S. Department of Education Ends Biden’s Book Ban Hoax," accessed January 28, 2025
    12. ↑ National Center on Safe Supportive Learning Environments, "Vermont School Discipline Laws & Regulations: Parental Notification," accessed January 29, 2025
    13. ↑ 13.0 13.1 Law.Justia.com, " VT Code of Rules 22 000 032," accessed January 29, 2025
    14. ↑ State of Vermont Agency of Education, "Title I Parental Notice," accessed January 29, 2025
    15. ↑ The United States Supreme Court, "Mahmoud et al. v. Taylor et al." Accessed July 7, 2025
    16. ↑ Law.Justia.com, "16 VT Stats § 1161a," accessed January 29, 2025
    17. ↑ Law.Justia.com, "16 VT Stats § 1162," accessed January 29, 2025
    18. ↑ The White House, "Reinstating Common Sense School Discipline Policies," April 30, 2025
    19. ↑ Vermont General Assembly, " 16 V.S.A. § 822a- Public High School Choice," accessed January 29, 2025
    20. ↑ Legiscan, "Vermont H480," accessed July 3, 2025
    21. ↑ National Education Association, "Collective Bargaining: What it is and How it Works", accessed October 3, 2024.
    22. ↑ National Education Association, "The Benefits of Collective Bargaining in Education", accessed October 3, 2024
    23. ↑ Essex Westford School District, "Collective Bargaining Agreements - Support Staff Agreement 2024-2026," accessed January 29, 2025
    24. ↑ National Center for Education Statistics, "Percentage of public schools with various safety and security measures: Selected school years, 1999-2000 through 2021-22," accessed August 8, 2024
    25. ↑ Vermont General Assembly, "H.454 An act relating to transforming Vermont’s education governance, quality, and finance systems," accessed July 2, 2025
    26. ↑ Legiscan, "Vermont H480," accessed July 3, 2025
    27. ↑ Rob Bonta Attorney General, "Attorney General Bonta Joins Multistate Coalition in Effort to Support Curriculum Inclusivity for Transgender Students," October 31, 2023
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