22-003 Code Vt. R. 22-000-003-X - STATE BOARD RULE 2000 EDUCATION QUALITY STANDARDS
The purpose of these rules is to ensure that all students in Vermont public schools are afforded educational opportunities that are substantially equal in quality, and enable them to achieve or exceed the standards approved by the State Board of Education.
16 V.S.A. §§ 164 and 165; Act No. 1 (2019).
The purpose of these rules is to ensure that all Vermont students are afforded educational opportunities that are substantially equal in quality and are equitable, anti-racist, culturally responsive, anti-discriminatory, and inclusive, thus enabling each student to achieve or exceed the performance standards approved by the State Board of Education.
These rules are designed to ensure continuous improvement in student performance, instruction, and leadership to enable students to attain rigorous standards in high-quality programs, both in traditional school- based settings and in extended learning opportunities, with the latter including, but not necessarily limited to, virtual, work-based, co-curricular community-based and service-learning opportunities, community research and civic and community engagement projects, dual enrollment and early college, career technical education and adult education and learning.
These rules prohibit discrimination against any student pursuing an education or participating in the general life or activities of a school because of or based on any actual or perceived protected class consistent with state and federal law. No student shall be excluded from participation in, be denied the benefits of, or be subject to discrimination under any educational program or activity as the result of, or based upon, the student's race, gender, color, creed, religion, national origin, marital status, sexual orientation, gender identity, or disability, or any other reason set forth in state or federal law.
In addition to the non-discriminatory protections in Section 2113 (Federal and State Entitlements Nondiscrimination; Federal and State Requirement; Student Records), discriminating against any student pursuing an education or participating in the general life or activities of a school as a result of or based upon, ethnicity, caste, language and linguistic diversity, socio-economic status, housing status, or non-citizenship or immigration status, is contrary to the State Board's intent that all students experience an equitable, anti-racist, culturally responsive, anti-discriminatory, and inclusive learning environment.
These rules further require each supervisory union, supervisory district, and school district, to strive for a culturally responsive pedagogy that critically examines and imparts a comprehensive historical and socially conscious understanding of:
Nothing herein shall be construed to entitle any student to educational programs or services identical to those received by other students in the same or different supervisory union, supervisory district, school district, or school. These rules are in addition to and, unless otherwise specifically stated, do not supersede other rules adopted by the Agency or State Board. Nothing herein shall create a private right of action.
The following definitions shall apply to these rules unless the context clearly requires otherwise:
"Agency" means the Vermont Agency of Education.
"Anti-discriminatory" practices are actions, behaviors, programs and policies by school staff, students, school boards, contractors, and community members involved in the daily operations of schools that are necessary to counter discrimination, and that promote a fair, just, and equitable learning environment for all students.
"Anti-racist" practices are actions, behaviors, programs, and policies designed and/or implemented by school staff, students, school boards, contractors, and community members involved in the daily operations of schools that are necessary to counter racism and that promote a racially inclusive learning environment for all students.
"Appropriately licensed educator" means any teacher or administrator requiring a license under 16 V.S.A. Chapter 51 and in accordance with the Rules Governing the Licensing of Educators and the Preparation of Educational Professionals.
"Career Technical Education" means an educational program that supports attainment of a high school diploma and is designed to provide students with technical knowledge, skills, and aptitudes to prepare them for further education, enhance their employment options or lead to a postsecondary or industry-recognized credential, and strengthen their ability to work collaboratively in their chosen occupations or careers with all persons.
"Caste" refers to a hierarchical social system of exclusion and dehumanization based on notions of purity and contamination. Those who suffer the stigma of caste are often deprived of or severely restricted in the enjoyment of their civil, political, economic, social, and cultural rights.
"Civic and Community Engagement" refers to individual and/or collective actions that identify and address issues of public importance, and that provide people with opportunities that contribute to the current and future development of their communities and a democratic society. Civic and community engagement can take place in a variety of formal and informal settings, including but not limited to, those in governance and electoral politics, educational, cultural, and recreational activities, community service and social justice movements.
"College and Career Readiness" means a student possesses the knowledge, learning strategies, and foundational skills to enter the workforce, to pursue postsecondary education or training and to adapt successfully to employment and academic or training environments that are socially and culturally inclusive.
"Critical thinking" is the objective examination of an issue to discern or form a judgment based on evaluating evidence, checking assumptions, and adopting multiple perspectives to better understand the question at hand.
"Culturally and Linguistically Diverse Students" are those who are members of home, cultural, or social environments whose experience and success is enhanced by schools demonstrating respect for a multitude of linguistic competencies and fostering systems of academic and social inclusion that acknowledge the fundamental importance of such competencies. Linguistic competencies are cultural and linguistic resources that students, families and communities draw upon, including, but not limited to, a variety of languages, including Indigenous languages, multiple-sign languages, and African American Vernacular English and other dialects.
"Culture" refers to a set of distinctive spiritual, material, religious, intellectual, creative, and emotional attributes of a society or social group and encompasses, in addition to art and literature, lifestyles, ways of living together, values, traditions, and beliefs.
"Discrimination" refers to any exclusion, restriction, or preference based on any protected class as identified in state or federal law. Discrimination may be practiced by individuals and groups and may also be expressed systemically through the structures, laws, practices, and policies of public and private institutions, employers, and organizations.
"Educator Mentoring" is the pairing of a mentor with an educator who is either new to the profession or new to the school to provide training, orientation, assistance, and support. Further, for the purposes of this rule, a "mentor" is an educator who has demonstrated high-quality instructional practice and who has been provided training in mentoring.
"Equity" or "Equitable," as referenced in these rules in relation to schools or educational programs, results in each student receiving the resources and educational opportunities to learn and thrive in all aspects of learning, school life, career technical education, and community-school interactions, and to discover and cultivate their talents and interests. To be achieved, equity requires an inclusive school environment and may necessitate an unequal distribution of resources and services based on the needs of each student.
"Ethnicity" embodies a wide range of criteria used to identify ethnic groups, such as a common history, ancestry or culture, national, social, or geographic origin, skin color, languages, religions, tribe or indigenous people (including the Indigenous Peoples of Vermont), or various combinations of these characteristics, and may reflect a legally protected class of people in some contexts.
"Evidence-based" has the same meaning as 20 U.S.C. § 7801(21) and applies practices and activities that are consistent with research on how students communicate, behave, learn, and thrive in ways that are developmentally and socially appropriate and have positive and lasting effects on their education and personal growth.
"Inclusion" or "Inclusive" practices, as used in this rule, are school-based curricula, programs, activities, resources, and policies that ensure that academic learning, co-curricular and social offerings, and all other aspects of school life are based on the values of equality, equity, social and cultural diversity, freedom and dignity, so that all students are valued as unique individuals and can achieve their full academic and social potential.
"Intercultural Competency" describes practices and actions to pursue deep understanding, mutual respect, and willingness to learn about the cultures of all people, especially those who have been marginalized, silenced, and/or undervalued.
"Language" refers to systems of conventional and unconventional spoken, visual-manual, technological, and written symbols that human beings use personally and as members of social and cultural groups to express themselves, shape identity, acquire knowledge, mediate power, play, create, imagine, build and sustain familial, social, and cultural bonds, and express a wide range of personal needs, aspirations, and emotions.
"Linguistic Diversity" refers to the immense body of diverse and complex systems of communication and expression (e.g., official languages, endangered languages, indigenous and minoritized languages, dialects, and non-verbal languages and communication), the respect for and preservation of which is fundamental to students' experience and academic success; eradicating bias, racism, and discrimination; and fostering practices and systems of inclusion, equality, equity, and diversity in our schools and communities.
"Needs-Based Professional Learning" refers to staff learning based upon needs identified through an examination of student performance and organizational and instructional data, and which is aligned with the school's Continuous Improvement Plan, curriculum, and pedagogical practices.
"Neurodiversity" refers to the natural and important variation in how human minds think and is not to be cured or corrected to fit social norms. These differences can include, but are not limited to, autism, attention deficit hyperactivity disorder, dyspraxia, dyslexia, dyscalculia, and Tourette Syndrome.
"Proficiency-Based Learning" refers to systems of instruction, assessment, grading and academic reporting that are based on students demonstrating mastery of the knowledge and skills they are expected to learn before they progress to the next level, get promoted to the next grade, or receive a diploma.
"Proficiency-Based Graduation Requirements" are the locally determined set of content knowledge and skills aligned to state standards that, when supplemented with any additional locally developed requirements, have been determined to qualify a student for earning a high school diploma. The requirements shall be clear, shared learning expectations that empower students and provide opportunities for choice in learning experiences and accord multiple ways to demonstrate proficiency in knowledge and skills. In this system, "Proficiency-Based- Graduation-Requirements" are supervisory union- or supervisory district-wide learning objectives used by educators and students to drive instruction and assess growth in new learning.
"Race" embodies an invented or socially constructed concept that is used to categorize groups and cultures on the basis of physical differences transmitted through descent, like skin color, and may reflect a legally protected class of people in some contexts.
"Racism" embodies the theory, belief, or act of making value judgements that are based on racial, ethnic, or cultural differences, or which advances the claim that racial, ethnic, or cultural groups are inherently superior or inferior, thus explicitly arguing or implying that some groups are entitled to dominate, exploit, exclude, or eliminate others presumed to be inferior. Racism is practiced by individuals and groups, and it is expressed systematically through the structures, laws, regulations, practices and policies of public and private institutions, employers, and organizations.
"Restorative Practices" refer to whole-school, relational approaches to building school climate and addressing student behavior that fosters belonging over exclusion, social engagement over control, and meaningful accountability over punishment. They encourage members of the school community to be constantly present, attending to needs as they arise. They exercise the ability to be dynamic rather than static in a given response. Restorative approaches also begin with proactive structures to build positive relationships and communication and create a space for people to express themselves--their strengths, assets, responsibilities, and also their vulnerabilities. Neither restorative approaches, practices, processes, nor programs shall remove or lessen to any degree a supervisory union, supervisory district, or school's responsibility under Vermont law and policy to investigate, call out, name, and discipline behaviors that violate the Agency's "Policy on the Prevention of Harassment, Hazing, and Bullying" (HHB) and Federal Title IX.
"School" refers to an organizational structure designed to facilitate student learning. This could include an individual school or a combination of schools with one administration, inclusive of outdoor recreation areas, paths, and facilities, and could include learning opportunities both within and outside of school buildings and school day. It also includes career technical education centers, as specified in 16 V.S.A. Chapter 37, and virtual learning experiences and opportunities offered by the school, supervisory union, or supervisory district. Where the context suggests that a "school" take an action, the action shall be taken by the superintendent or school official designated by the superintendent, unless otherwise specified herein or in law or regulation.
"Secretary" means the Secretary of Education or their designee.
"Social Identity Group" refers to a group of people who share common characteristics that shape their identity and promote a sense of unity, including sex, sexual orientation, gender identification, disability, class, socio- economic status, or other characteristics that are fundamental to identity.
"State Board" means the Vermont State Board of Education.
"Technology Integration" refers to the infusion of technology into the curriculum as a tool to enhance learning in a content area or multidisciplinary setting, enabling students to select technology tools to help them obtain information in a timely manner, analyze and synthesize the information, and present it in culturally, linguistically, and age-appropriate ways.
Pursuant to 16 V.S.A. § 164(9), the State Board will implement and periodically update standards for student learning in appropriate content areas from kindergarten to grade twelve supervisory union and supervisory district boards shall use these standards as the basis for developing and selecting curriculum, methods of instruction, assessments, and the content and skills taught and learned in school.
To carry out Vermont's policy that all Vermont students will be afforded educational opportunities that are substantially equal in quality, and to ensure continuous improvement in student performance, each supervisory union, supervisory district, school district, and school to which these rules apply, pursuant to 16 V.S.A. § 165 shall meet the following education quality standards and annually report to their communities in an understandable, inclusive, and comprehensive form as required in 16 V.S.A. § 165(a)(2).
Independent schools seeking designation that they meet education quality standards pursuant to 16 VSA § 16 VSA § 165(f) must also meet the standards outlined in these rules except where doing so is otherwise contrary to state law.
As these rules relate to independent schools designated as meeting education quality standards, unless the context suggests otherwise, duties assigned to supervisory unions, supervisory districts, school districts, or schools shall all be assigned to the independent school; duties assigned to school boards shall all be assigned to the independent school's governing board; and duties assigned to superintendents and principals shall be assigned to the school's head of school.
Each supervisory union, supervisory district, school district, and school shall ensure that students are furnished educational and other services in accordance with state and federal entitlements and requirements.
No student shall be excluded from participation in, be denied the benefits of, or be subject to discrimination under any educational program or activity as the result of, or based upon, the student's race, gender, color, creed, religion, national origin, marital status, sexual orientation, gender identity, or disability, or any other reason set forth in state or federal law.
Educators shall promote personalization and high expectations so that each student may successfully engage with the curriculum delivered and meet graduation requirements. Practices employed by educators shall include examining and teaching a subject from multiple academic perspectives and encouraging students to engage with and synthesize diverse perspectives and narratives, including those from the students' lived experiences, into a coherent understanding or analysis. Classroom instruction shall include a range of evidence-based instructional strategies that most effectively improve student learning and engage all students, as identified by national and Vermont guidance, and locally collected and analyzed student data.
Educators shall be supported in:
Supervisory unions, supervisory districts, and schools must ensure that students receive appropriate college and career counseling, program information regarding the availability of education and apprenticeship program offerings at career technical education centers, and must provide students with opportunities to experience learning through flexible and multiple pathways, including but not limited to career technical education, virtual learning, work-based learning, service learning, internships, apprenticeships, community research, civic and community engagement, dual enrollment, and early college. Learning must occur under the supervision of an appropriately licensed educator. Learning expectations must be aligned with the expectations of the supervisory union or supervisory district curriculum for the applicable content area. Students must be allowed to demonstrate proficiency by presenting multiple types of evidence, including but not limited to teacher or student-designed assessments, portfolios, performances, exhibitions, and projects.
To develop and expand flexible pathways that are effective and equitable, school boards and educators must:
School districts serving grades nine through twelve shall coordinate with their designated career technical education center to ensure genuine access and support for all eligible students as required by 16 V.S.A. § 1541a. Any eligibility requirements for a given career technical education program need to be equitable, anti-racist, culturally responsive, anti-discriminatory, and inclusive. Eligibility requirements shall be clear, accessible, and communicated in languages that are accessible by students, parents/legal guardians, and staff. Schools shall ensure that students receive appropriate career counseling and shall offer a genuine opportunity for students to access career technical center programs. Demonstrations of learning such as credits or grades earned in an approved career technical education course or program are subject to the requirements of 16 V.S.A. § 1545.
As required in 16 V.S.A. § 941, school districts shall ensure all students in grades seven through twelve are engaged in an ongoing personalized learning planning process that is documented by a personalized learning plan, which shall be a written document developed by and for the student, with a representative of the school and, if the student is a minor, the student's parent or legal guardian. The personalized learning plan shall describe the scope and rigor of learning opportunities and supports necessary for students to develop aspirations, achieve college and career readiness, attain a high school diploma, and participate confidently in the civic, cultural, and social life of their school system, community, state and nation. This plan must be reviewed at least annually by November 30.
[Prior to July 1, 2024, this Subsection 2120.5 was named "Curriculum Content" and "Tiered System of Support" was numbered as Subsection 2121.5.]
In accordance with 16 V.S.A. § 2902, each school district shall ensure that a tiered system of academic and behavioral supports is in place to assist all students in working toward attainment of the performance standards. This system will result in the collaboration of all adults to meet the academic, behavioral, social, and emotional/mental health needs of each and every student. Supports are provided as layered high-quality, evidence-based instruction, intervention, and assessment practices that are matched to student strengths and needs, based on the effective and timely use of meaningful data. This system shall be aligned with each school's personalized learning plan process. Each school district shall assign responsibility for developing and maintaining the tiered system of supports either to the superintendent pursuant to a contract entered into under 16 VSA § 16 VSA § 267 or to the school principal.
Vermont's preK-12 tiered system of supports aligns the components of early multi-tiered systems of support (Early MTSS) with those of the VTmtss Framework to ensure a continuous, comprehensive, and integrated system of supports for every preK-12 student.
Through personal learning plans, individualized education programs, education support teams, and Section 504 plans, educators shall work with students and their families to facilitate two-way communication and cooperative efforts to support each student's success. These learning plans shall address individual needs with a tailored plan designed to help students personalize their learning, meet state learning standards, and remain on track to graduate. Federal and state law, and State Board rule, have required these plans over time to ensure equity for students.
A student's personalized learning plan shall help inform the structures and services put in place to support individual student learning. Provision of specific student supports, including relevant accommodations, shall be detailed within a student's individualized education program or 504 plan as required by federal law. Tiered systems of support should also integrate elements of early multi-tiered systems of support, as relevant, to ensure that comprehensive and integrated systems of support are in place for all preK-12 students.
Each school shall have an educational support team composed of staff from a variety of teaching and support positions to determine which enrolled students require additional assistance to be successful in school or to complete secondary school based on indicators set forth in guidelines developed by the Secretary, such as academic progress, attendance, behavior, or poverty. The educational support team shall pay particular attention to students during times of academic or personal transition. Ideally, and when appropriate, the educational support team would include students, administrators, teachers, a school psychologist, special educators, school counselor(s), parents or guardians, a social worker, and other staff with behavioral and/or academic expertise. Other duties of the educational support team, under 16 VSA § 16 VSA § 2902, are to:
School counseling services shall support the mission and vision of the school and shall be available to all preK-12 students. The services shall address students' academic, college, and career goals and personal and social development; offer support and resources that are respectful of the lived experiences and unique identities of students; and support students who either experience or witness instances of racism and discrimination. Such services shall be aligned and integrated with the work of other professionals in the school setting, as well as those in other educational and human services.
Health services, including health appraisal and counseling, communicable disease control, mental health services, emergency and first aid care, and access to professional counseling, shall be made available in a confidential manner to students in each school. These health services shall be respectful of the lived experiences and unique identities of students, including gender identity and gender transition, and be delivered in accordance with the school district's written policies and procedures, which shall be developed in collaboration with parents and community health resources.
[Prior to July 1, 2024, this Subsection 2120.6 was named "Curriculum Content" and appeared at Subsection 2120.5. The subsection now numbered as 2120.7, named "Curriculum Coordination," appeared here as Subsection 2120.6.]
Each supervisory union or supervisory district shall develop documented curriculum that is aligned with the standards approved by the State Board. The curriculum shall be equitable, anti-racist, culturally responsive, anti- discriminatory, inclusive, and accessible to families and community members. Knowledge of diverse cultures, languages, and perspectives shall be incorporated into learning activities and curriculum design, including connecting students' life experiences and ways of learning, to help students to access rigorous curriculum and develop higher order thinking skills.
Each school district shall enable students to engage annually in rigorous, relevant, and comprehensive learning opportunities that allow them to demonstrate proficiency in the content areas (a) - (h) below.
Each school district shall ensure students are able to access academic and experiential learning opportunities that reflect their emerging abilities and aspirations, as outlined in the students' personalized learning plans.
All students, including those who require additional assistance to succeed or be challenged in the general education environment, shall be provided with appropriate socially and culturally responsive learning opportunities to support their attainment of the performance standards approved by the State Board.
[Prior to July 1, 2024, this Subsection 2120.7 appeared at Subsection 2120.6. The subsection now numbered as 2120.8 "Graduation Requirements," appeared here as Subsection 2120.7.]
Each school district shall implement a written curriculum developed pursuant to Subsection 2120.6 (Curriculum Content Areas) that is:
Each school district with a prekindergarten early education program must offer high-quality programs as outlined in State Board Rule 2600 and consistent with the principles of Act 1(2019).
Each supervisory union, supervisory district, and school district board shall align existing policies and create new policies as needed to accomplish the following:
[Prior to July 1, 2024, this Subsection 2120.8 "Graduation Requirements" appeared at Subsection 2120.7. The subsection then numbered as 2120.8 "Local Graduation Requirements," has been modified and appears now as part of this Subsection 2120.8 "Graduation Requirements."]
A student meets the requirements for graduation when the student demonstrates proficiency in the learning content outlined in Subsection 2120.6 (Curriculum Content Areas) and completes any other requirements specified by the board of the school district attended by the student.
For students eligible for special education services under IDEA or protected by Section 504 of the federal Rehabilitation Act, the student shall meet the same graduation requirements as typical peers in an accommodated or modified manner. These modifications will be documented in each student's personalized learning plan. A student's individualized education program team or 504 team is responsible for assuring that information regarding the student's individual skills, aptitudes, and present levels of performance are incorporated into the student's personalized learning plan. This ensures that the required proficiency levels are linked to local graduation requirements, individually accommodated or modified as required for the student, and are written into the student's personalized learning plan. This process shall ensure that any student identified as a student with a disability will receive a regular high school diploma after meeting their individual graduation requirements as outlined in their personalized learning plan. The development of an individualized education program does not supplant a personalized learning plan, nor does a personalized learning plan replace an individualized education program.
Supervisory unions and supervisory districts must provide appropriate programs and accommodations that ensure English Language Learner (ELL) students have access to grade-level curricula so they can meet promotion and graduation requirements. These programs and accommodations must be documented in each student's personalized learning plan.
Graduation policies must define proficiency-based graduation requirements based on standards adopted by the State Board. It is the responsibility of the supervisory union or supervisory district board to ensure alignment in expectations for all students within its schools.
Schools may or may not use credits for the purposes of demonstrating that a student has met the graduation requirements. When used, credits must specify the proficiencies demonstrated to attain a credit and shall not be based on time spent in learning. Further, students may receive credit for learning that takes place outside of the school, the school day, or the classroom. Any credits earned must occur under the supervision of an appropriately licensed educator.
The roles and responsibilities of the supervisory union, supervisory district, school district, and school's
leadership, including their boards, superintendent, principal, and career technical education center director, if applicable, shall conform to applicable provisions in Title 16 of the Vermont Statutes Annotated regarding authority and duties.
Each supervisory union, supervisory district, and school district board shall ensure the alignment of existing policies and create new policies as needed to ensure compliance with these Education Quality Standards. When undertaking this policy work, boards and school leadership shall engage with the communities they serve and seek input and guidance through a process that includes the diverse voices and experiences of students, parents and legal guardians and other community members who are often underrepresented in this work and in school decision-making.
Supervisory union, supervisory district, and school district boards shall establish and make accessible an inclusive process for receiving public feedback, to include students, legal guardians, and staff feedback regarding their experiences in the school system. especially as it relates to racial, ethnic, or social identity group experiences. Boards and school leadership must also establish procedures for handling and responding directly to complaints regarding compliance with school policies, practices, and these Education Quality Standards.
These documented complaints and responses shall be included in annual reporting to the Agency as required in Section 2126 (System for Determining Compliance with Education Quality Standards).
All school leaders must have sufficient time to carry out their responsibilities to focus on improving student learning and on fostering an anti-racist, culturally responsive, anti-discriminatory, and inclusive learning environment. To accomplish this, the superintendent or their designee must:
The principal shall be answerable to the superintendent in the performance of their duties.
As required in 16 V.S.A. § 1692, all professional staff shall be appropriately licensed and endorsed for their assignment. All classroom staff, including educational support personnel, shall have had adequate academic preparation and training to teach or provide services in the area to which they are assigned. Instructional and administrative staff members must possess the knowledge and skills necessary to implement the standards in alignment with professional educator standards established by the Vermont Standards Board for Professional Educators.
Schools with ten or more full-time equivalent teachers shall employ a full-time licensed principal. Schools with fewer than ten full-time equivalent (FTE) teachers shall employ a licensed principal on a pro-rata basis.
Each supervisory union or supervisory district shall employ licensed special education staff and shall ensure each school employs sufficient and qualified staff as needed to identify students eligible for special education services and to implement each eligible student's individualized education program and Section 504 plan.
Student counseling staffing shall be sufficiently filled by licensed school counselors and other student support personnel to carry out the school's counseling services, such as guidance counselors, Student Assistance Program counselors, home-school coordinators, multi-lingual learner coordinators, and school-based clinicians. At the elementary level, there shall be no more than 300 students per school counselor and other student support personnel. Schools with fewer than 300 students shall employ a school counselor and other student support personnel on a pro-rata basis. At the secondary level, there shall be no more than 200 students per school counselor and other student support personnel.
The services of a certified library media specialist shall be made available to students and staff. Schools with over 300 students shall have at least one full-time library media specialist and sufficient staff to implement a program that supports literacy, information, and technology standards. Schools with fewer than 300 students shall employ a library media specialist on a pro-rata basis.
The Vermont Department of Health recommends implementing the School Nurse Leader School Health Services Delivery Model, which is consistent with the principles of the national Coordinated School Health Model, to ensure appropriate access and coverage.
Each school shall engage the services of a person licensed as a School Nurse or Associate School Nurse. There shall be no more than 500 students per school nurse. Schools with fewer than 500 students shall employ a nurse on a pro-rata basis.
Classes in grades K-3, when taken together, shall average fewer than twenty students per teacher. In grades four through twelve, when taken together, classes shall average fewer than twenty-five students per teacher. The total class roll of a teacher shall not exceed 100 students, except where the specific nature of the teacher's assignment, such as in certain art, music, or physical education programs, is plainly adaptable to teaching of greater numbers of students while meeting the educational goals of the program.
School district boards, in coordination with their superintendent, must establish optimum class size policies as consistent with statutory guidance from the Agency. Class size must comply with state and federal safety requirements.
Each supervisory union or supervisory district shall develop and implement a system of appropriate needs-based professional learning for all professional staff, including administrators and other staff involved in student instruction. This shall include ongoing resources and supports to create and strengthen an equitable, anti-racist, anti-discriminatory, and culturally and linguistically responsive, and inclusive school experience for all students and to cultivate the knowledge, skills, and practices required to identify and remediate discrimination because of, or based upon, the reasons set forth in Section 2113 (Federal and State Entitlements Nondiscrimination; Federal and State Requirement; Student Records), and in the Statement of Purpose. Time for professional learning will be embedded into the agreed-upon scheduled times for school employees as defined by collective bargaining agreements where they exist.
Each school's professional learning system shall be aligned with its staff evaluation and supervision policies, Continuous Improvement Plan, and supervisory union or supervisory district's goals and shall provide new staff members with appropriate opportunities for professional learning.
Educator mentoring shall be a component of the needs-based professional learning system required in this subsection. The superintendent or their designee shall determine the specifics of each mentoring program in their school(s) in accordance with the guidelines approved by the Agency, State Board, Vermont Standards Board for Professional Educators, and state law addressing mentoring for educators.
For the purposes of this section, "staff" includes administrators, educators, and other school employees working with students. Staff evaluation programs and policies shall be designed and implemented with the goal of improved student performance, outcomes, and learning experiences. Such programs and policies shall:
Each school shall maintain a safe, accessible, orderly, civil, flexible, and positive learning environment, which is equitable, anti-racist, culturally responsive, anti-discriminatory, and inclusive; free from harassment, hazing, and bullying; and based on sound instructional and classroom management practices and clear discipline and attendance policies that are consistently and effectively enforced.
The design and operation of the school facilities shall be in full compliance with all state and federal fire, health, safety, chemical, and architectural standards.
Each school's comprehensive plan for responding to discipline and misbehavior, as required by 16 V.S.A. § 1161a, shall be clear and consistently enforced and shall include consequences for violations of the policy.
Each school district shall observe due process requirements as set forth in Rule 4300 et seq.
Each school district shall provide anti-racist, culturally responsive, anti-discriminatory, and inclusive instructional materials and, further, shall:
Each school district shall administer assessments of student performance using methods developed by the State Board under 16 V.S.A. § 164(9). Students who are unable to participate in district or state assessments shall be given an alternate assessment in accordance with law. Each school shall account for 100 percent of its students regarding their participation in the state assessments.
Each supervisory union or supervisory district shall develop, and each school shall implement, a local comprehensive assessment system that:
The performance criteria of the assessment system shall be clear and communicated to teachers, administrators, students and their parents or legal guardians, and other community members in their home language(s) and in an accessible format. Students and parents shall be informed at least annually regarding progress toward achieving the standards referenced in (a) - (g) above. This communication shall accommodate linguistic diversity and provide information in students' home languages and in accessible formats.
Each supervisory union or supervisory district shall report student and system performance results, on a school- by-school basis, to the community at least annually in formats selected by the school district board. At minimum, the report shall include indicators provided by the Agency, those identified in 16 V.S.A. § 165(a)(2), and other locally determined indicators, including, but not limited to, indicators that describe students':
Student level indicators shall be disaggregated, at a minimum, by school and according to student subgroups, including students identified:
Student subgroups should be defined consistent with federal and state statutes and regulations and Agency policy. In no case shall a supervisory union or school district reveal personally identifiable information about an individual student or violate the state's minimum group size for reporting.
The performance criteria for the student and system-level reports described in this subsection shall be clear and communicated to administrators, educators, and other building staff.
Each supervisory union or supervisory district shall establish a secure student data system that enables regular access by teachers and administrators. Teachers shall have access to academic performance data on individual students whom they teach and aggregate data on school and supervisory union or supervisory district performance results. Administrators shall have access to individual student data, and on student and system performance results, to the extent permitted under state and federal law.
Each supervisory union or supervisory district shall develop and implement a Continuous Improvement Plan for each school as described by 16 V.S.A. § 165. If the supervisory union or supervisory district comprises more than one school building, a combined plan for some or all of the buildings may be developed provided that the Plan reflects the different needs of individual schools. The Plan shall be designed to improve student learning and maintain a safe, orderly, and civil learning environment that is equitable, anti-racist, culturally responsive, anti- discriminatory, inclusive, and free from harassment, hazing, and bullying. The Plan should serve as the overall strategic plan for the supervisory union or supervisory district and incorporate reporting, planning, and implementation requirements of federal and state law, and any other regulatory requirement, including those that are local.
The Plan shall be developed by involving a culturally and socially diverse group comprised of school board members, students, teachers, administrators, families, and other community members. The Plan shall be reviewed at least annually for effectiveness toward meeting the stated goals and shall be revised as necessary.
The Plan shall include indicators provided by the Agency, including those identified in 16 V.S.A. § 165(a) and indicators reported pursuant to Section 2124 (Reporting of Results), as well as any additional indicators determined locally. The Plan shall include student-level indicators aggregated for the supervisory union or supervisory district and disaggregated according to school and student subgroups as identified by Section 2124. In no case shall personally identifiable information of an individual student be revealed or the state's minimum group size for reporting be violated.
The Plan shall also report on and consider findings from the supervisory union or supervisory district's self- evaluation, if applicable, conducted in accordance with Rule Series 100: District Quality Standards, and at a minimum contain:
The supervisory union or supervisory district board shall approve the Plan annually.
Pursuant to 16 V.S.A. § 165(a)(1), each supervisory union or supervisory district is required to annually file a copy of its school or schools' Continuous Improvement Plan for the current school year with the Agency, as well as the following:
Pursuant to 16 V.S.A. § 165(b), at least annually, the Secretary shall determine whether students in each Vermont public school and independent school designated as meeting education quality standards are provided educational opportunities that are substantially equal in quality and that are equitable, anti-racist, culturally responsive, anti-discriminatory, and inclusive.
The review will be based on the requirements of this rule and consideration may include, but is not limited to:
If the Secretary determines that a school is not meeting the requirements of this rule or that the school is making insufficient progress in improving student performance pursuant to 16 V.S.A. § 164(9), the Agency shall describe in writing any actions the school must take to ensure the school meets Education Quality Standards and must provide technical assistance to the supervisory union, supervisory district, and/or school, as needed. If the school fails to meet the standards set forth in this rule or to make sufficient progress toward improving student performance pursuant to 16 V.S.A. § 164(9), the Secretary shall recommend to the State Board one or more of the actions identified by 16 V.S.A. § 165(b) (1-5).
16 V.S.A. § 165(f) regulates the process for an independent school to be designated as meeting Education Quality Standards, as well as the provision of technical assistance if the State Board finds it is not meeting the standards or is failing to make progress toward meeting the standards.
Upon written request of a school district board and after opportunity for hearing, the State Board may approve an alternative method for meeting the requirements of these rules when:
Upon request of a school board, the Secretary may waive class and caseload size requirements where:
Unless exceptional circumstances are present, the Secretary shall respond to such requests within ten days.
If any of these rules are in conflict with a provision in an existing collective bargaining agreement, the local board must provide an explanation to the Secretary to that effect and, if appropriate, a plan to address the conflict.
Implementation and support will be provided by the Agency.
EFFECTIVE DATE
These amendments shall take effect on July 1, 2025.
Notes
September, 1984
AMENDED:
March 17, 1987; March 20, 1990; January 2, 1991; June 5, 1991; August 5, 1994 Secretary of State Rule Log #94-59; August 15, 1995 Secretary of State Rule Log #94-60; May 9, 1997 Secretary of State Rule Log #97-14; January 6, 1999 Secretary of State Rule Log #98-82; September 1, 2000 Secretary of State Rule Log #00-47; January 25, 2006 Secretary of State Rule Log #06-002; August 24, 2006 Secretary of State Rule Log #06-023 [2120.8.7; 2194; 2195]; June 10, 2010 Secretary of State Rule Log #10-011 [2120.8.7; 2194; 2195]; April 15, 2014 Secretary of State Rule Log #14-009;
STATUTORY AUTHORITY:
16 V.S.A. §§ 164 and 165
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