MVCS State Approval

APPROVED INDEPENDENT SCHOOLS STATUTES

Definitions

16 V.S.A. § 11

20) “Approved Independent School” means an independent school which is approved under 16 V.S.A. § 166.

Approved Independent Schools

16 V.S.A. § 166

a) An independent school may operate and provide elementary education or secondary education if it is either approved or recognized as set forth herein.

b) Approved Independent School. On application, the State Board shall approve an independent school which offers elementary or secondary education if it finds, after opportunity for hearing, that the school provides a minimum course of study and that it substantially complies with the Board’s rules for approved independent schools. The Board’s rules must at minimum require that the school has the resources required to meet its stated objectives, including financial capacity, faculty who are qualified by training and experience in the areas in which they are assigned, and physical facilities and special services that are in accordance with any state or federal law or regulation. Approval may be granted without Vermont State Board evaluation in the case of any school accredited by a private, state or regional agency recognized by the Vermont State Board for accrediting purposes.

1) On application, the Vermont State Board shall approve an independent school which offers kindergarten but no other graded education if it finds, after opportunity for hearing, that the school substantially complies with the Board’s rules for approved independent kindergartens. The Vermont State Board may delegate to another state agency the authority to evaluate the safety and adequacy of the buildings in which kindergartens are conducted, but shall consider all findings and recommendations of any such agency in making its approval decision.

2) Approvals under this section shall be for a term established by rule of the Board but not greater than five years.

3) An approved independent school shall provide to the parent or guardian responsible for each of its pupils, prior to accepting any money for that pupil, an accurate statement in writing of its status under this section, and a copy of this section. Failure to comply with this provision may create a permissible inference of false advertising in violation of T.13, V.S.A. § 2005.

4) Each approved independent school shall provide to the Commissioner on October 1 of each year the names and addresses of its enrolled pupils. Within seven days of the termination of a pupil’s enrollment, the approved independent school shall notify the Commissioner of the name and address of the pupil. The Commissioner shall forthwith notify the appropriate school officials as provided in § 1126 of this title.

5) The Vermont State Board may revoke or suspend the approval of an approved independent school, after opportunity for hearing, for substantial failure to comply with the minimum course of study, for failure to comply with the Board’s rules for approved independent schools, or for failure to report under subdivision (b)(4) of this section. Upon revocation or suspension, students required to attend school who are enrolled in that school shall become truant unless they enroll in an approved public school, approved or recognized independent school or approved home instruction program.