Vermont
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Vermont Dept of Education Homeschooling
Guidelines for Home Study in Vermont
Information About Vermont's New Home Study Law
Section l, l6 V.S.A. ll (21) is added to read:
(21) "Homestudy Program" means an educational program offered through homestudy which provides
a minimum course of study and which is offered to not more than
(a) children residing in that home, and
(b) children not residing in that home who either are two or fewer in number or who are from
one family.
Section l66b HOMESTUDY PROGRAM
(A) Enrollment Notice -
A homestudy program shall send a written enrollment notice to the Commissioner whenever it
intends to enroll a child. Enrollments at homestudy programs shall expire on July l. If a homestudy program
intends to re-enroll a child for the following school year, a new notice under this section is required and may
be submitted at any time after March l. The Commissioner shall accept and review enrollment notices upon
receiving them. A notice under this subsection shall include the following:
l) the name and age of the child
2) the names, addresses, and telephone numbers of the parents or guardians of the child
3) for each child enrolled during the preceding year, any assessment of progress required under
sub-section (d)
4) for each child not previously enrolled in a Vermont public school or Vermont homestudy program,
independent professional evidence on whether the child is handicapped. A comprehensive evaluation to
establish eligibilities for special education is not required, but may be ordered by a hearing officer after a
hearing under this section
5) for each child being enrolled for the current year, a detailed outline or narrative which describes the
content to be provided in each subject area of the minimum course of study, including any special
services or adaptations to be made to accommodate any handicapping condition in accordance with
applicable state and federal law. Methods and materials to be used may be included but are not
required.
6) the school district in which the homestudy program is located
7) the names, addresses, telephone numbers, and signatures of the persons who will provide the
instruction
8) the signature of all custodial parents or guardians.
(B) Notice to homestudy programs
Within 14 business days of receiving an enrollment notice, the commissioner or designee shall send
the homestudy program a written acknowledgment of receipt. The acknowledgment shall include a
determination:
1) either that the enrollment notice is complete and no further information is needed, or specifically
identifying information required under subsection (a) which is missing. If information is missing, the
homestudy program shall provide the additional information in writing within 14 days; and
2) either that the child may be enrolled immediately or that the child may be enrolled 45 days after the
enrollment notice was received. At any time before the child may be enrolled, the Commissioner may
order that a hearing be held. After notice of such a hearing is received, the child shall not be enrolled
until after an order has been issued by the hearing officer to that effect.
(C) Enrollment reports
Each homestudy program shall notify the Commissioner within seven days of the day that any
student ceases to be enrolled in the program. Within ten days of receiving any enrollment report, the
Commissioner shall notify the appropriate superintendent of schools.
(D) Progress assessment
Each homestudy program shall assess annually the progress of each of its students. Progress
shall be assessed in each area of the minimum course of study by one or more of the following:
1) a certified Vermont teacher
2) a teacher from an approved Vermont private school
3) a teacher advisory service report from a publisher of a commercial curriculum together with a
portfolio of the student's work
4) a report prepared by the parents or the student's instructor together with a portfolio of the
student's work
5) the complete results of a standardized achievement test administered by a qualified person
6) the complete results of a standardized achievement test administered by an approved
Vermont school, at the option of the school or school district.
(E) Hearings before enrollment
If the Commissioner has information that creates a significant doubt about whether a homestudy
program can or will provide a minimum course of study for a student who has not yet enrolled, the
Commissioner may call a hearing. At the hearing, the homestudy program shall establish that it has
complied with this section and will provide the student with a minimum course of study.
(F) Hearings after enrollment
If the Commissioner has information that reasonably could be expected to justify an order of
termination under this section, he or she may call a hearing. At the hearing, the Commissioner shall
establish one or more of the following:
1) the homestudy program has substantially failed to comply with the requirements of this section
2) the homestudy program has substantially failed to provide a student with the minimum course of
study
3) the homestudy program will not provide a student with the minimum course of study
(G) Notice and procedure
Notice of any hearing shall include a brief summary of the material facts and shall be sent to each
parent/guardian and each instructor of the student or students involved known to the Commissioner. The
hearing shall occur within 30 days of the day that notice is given or sent. If a notice concerns a child not yet
enrolled in a homestudy program, enrollment shall not occur until an order has been issued after the hearing.
The hearing shall be conducted by an impartial hearing officer appointed by the Commissioner from a list
approved by the State Board. At the request of the child's parent or guardian, the hearing officer shall
conduct the hearing at a location in the vicinity of the homestudy program.
(H) Order following hearing
After hearing evidence, the hearing officer shall enter an order within ten working days. If the child
is not enrolled, the order shall provide that the child be enrolled or that enrollment be disallowed. If the child
is enrolled, the order shall provide that enrollment be continued or that the enrollment be terminated. An
order shall take effect immediately. Unless the hearing officer provides for a shorter period, an order
disallowing or terminating enrollment shall extend until the end of the following school year, as defined in
this title. If the order is to disallow or terminate the enrollment, a copy shall be given to the appropriate
superintendent of schools, who shall take appropriate action to ensure that the child is enrolled in a school
as required by this title. Following a hearing, the Commissioner may petition the hearing officer to reopen
the case only if there has been a material change in circumstances.
(I) As used in this section, "minimum course of study" is defined in Section 906. The educational
content provided shall be adapted in each area of study throughout the school year to the age and ability of
each child and adapted to any handicapping condition of the child. Nothing in this section requires that a
homestudy program follow the program or methods used by the public schools.
(J) After the filing of the enrollment notice or at a hearing, if the homestudy program is unable to comply
with specific requirements due to deep religious conviction shared by an organized group, the commissioner
may waive such requirements if he or she determines that the educational purposes of this section are being
or will be substantially met. - Amended 1969, Adj. Sess.,
No. 298.
COMPULSORY ATTENDANCE
Section 1121 - Attendance by children of school age required.
A person having the control of a child between the ages of six and sixteen shall cause the child to attend an
approved public school, an approved recognized independent school or a homestudy program for the full
number of days for which that school is held, unless the child:
1) is mentally or physically unable to attend; or
2) has completed the tenth grade; or
3) is excused by the superintendent or a majority of
the school directors as provided in this chapter.
4) is enrolled in and attending a post-secondary schools, as defined in subdivision
176(b)(1) of this title, which is approved or accredited in Vermont or another state.
COMPREHENSIVE HEALTH EDUCATION
Section 131. Definitions
For the purposes of this subchapter:
"Comprehensive health education" means a systematic and extensive elementary and secondary educational
program designed to provide a variety of learning experiences based upon knowledge of the human
organism as it functions within its environment. The term includes, but is not limited to, a study of:
1. Body structure and function, including the physical, psychosocial and psychological basis of human
development, sexuality and reproduction;
2. Community health to include environmental health, pollution, public health and world health;
3. Safety including first aid, disaster prevention and accident prevention;
4. Diseases such as HIV infection, other sexually transmitted diseases, as well as other communicable
diseases, and the prevention of disease;
5. Family health and mental health, including instruction which promotes the development of
responsible personal behavior involving decision making about sexual activity including abstinence;
skills which strengthen existing family ties involving communication, cooperation, and interaction
between parents and students; and instruction to aid in the establishment of strong family life in the
future, thereby contributing to the enrichment of the community;
6. Personal health habits including dental health;
7. Consumer health including health careers, health costs and utilizing health services;
8. Human growth and development, including understanding the physical, emotional and social
elements of individual development and interpersonal relationships including instruction in parenting
methods and styles. This shall include information regarding the possible outcomes of premature
sexual activity, contraceptives, adolescent pregnancy, childbirth, adoption, and abortion;
9. Drugs including education about alcohol, caffeine, nicotine and prescribed drugs; and
10. Nutrition. -- Amended 1987, Adj. Sess., No.270.
NO. 119 AN ACT RELATING TO USE OF PUBLIC SCHOOL
FACILITIES BY HOMESCHOOLED STUDENTS
It is hereby enacted by the General Assembly of the State of Vermont:
Sec. 1. POLICY REPORT
(a) It is the policy of the State of Vermont to encourage and facilitate the integration of homestudy
students into the public schools by enabling their enrollment in academic courses, participation in cocurricular
and extracurricular activities, and use of public school facilities.
(b) In furtherance of that policy, the state board of education shall after a collaborative study process
involving representatives of homestudy students, the Vermont Principals Association, the Vermont
Superintendents Association, the Vermont School Boards Association, the Vermont National
Education Association, the Vermont Independent Schools Association, representatives of the public and
the chairs of the Senate and House Education Committees or their designees, report to the House and
Senate Committees on Education by December 1, 1998 on the following:
(1) The advisability of developing statewide policies regarding homestudy students enrollment in
public school courses, participation in public school co-curricular and extracurricular activities
and the use of public school facilities.
(2) Laws, policies, and resources in other states regarding enrollment in participation in and use of
public school courses, activities and facilities.
(3) The cost of continuing to include homestudy students in the count of average daily membership
for enrollment in public school courses and of also including participation in public school cocurricular
and extracurricular activities.
(4) Identification of any significant distinctions between integration of homestudy students into K-8
and 9-12 public education activities.
(5) Appropriate procedures and timelines for school districts to consider regarding a homestudy
students notification to the public school of intent to enroll in courses, participate in activities
or use facilities.
(6) How the policies of the Vermont Principals Association could encourage homestudy student
participation in co-curricular and extracurricular activities.
(7) The issues associated with admitting homestudy students to courses, activities and facilities on
the same basis as enrolled students and recommendations on how to address the issues.
(8) Recommendations on how the state board of education can ensure that school boards adopt and
implement policies which integrate students into their courses, activities and facilities.
(c) On or before March 15, 1999, the state board of education, after collaboration with the groups and
people listed in subsection(b) of this section, shall adopt rules establishing parameters and minimum
standards for school board policies to be adopted under 16 V.S.A. §563(24). The purpose of the
policies shall be to ensure that homestudy students are able to enroll in courses of study, participate in
extracurricular and co-curricular activities and use school facilities.
Sec. 2 16 V.S.A. §563(24) is added to read:
(24) Shall adopt a policy which in accordance with rules adopted by the state board of education,
will integrate homestudy students into its schools through enrollment in courses, participation
in co-curricular and extracurricular activities and use of facilities.
Sec. 3 EFFECTIVE DATE
This act shall take effect on passage, however, school board are required to adopt policies under
Sec. 2 of this act by July 1, 1999.
Approved: April 27, 1998