§ 4001 — Definitions

As used in this chapter:
[Subdivision (1) effective until contingency met; see also subdivision (1) effective July 1, 2028 if contingency met, set out below.]
(1) “Average daily membership” of a school district or, if needed in order to calculate the appropriate homestead tax rate, of the municipality as defined in 32 V.S.A. § 5401(9), in any year means:
(A) The full-time equivalent enrollment of students, as defined by the State Board by rule, who are legal residents of the district or municipality attending a school owned and operated by the district, attending a public school outside the district under section 822a of this title, or for whom the district pays tuition to one or more approved independent schools or public schools outside the district during the annual census period. The census period consists of the 11th day through the 30th day of the school year in which school is actually in session.
(B) The full-time equivalent enrollment in the year before the last census period, of any State-placed students as defined in subdivision 11(a)(28) of this title. A school district that provides for the education of its students by paying tuition to an approved independent school or public school outside the district shall not count a State-placed student for whom it is paying tuition for purposes of determining average daily membership. A school district that is receiving the full amount, as defined by the State Board by rule, of the student’s education costs under subsection 2950(a) of this title shall not count the student for purposes of determining average daily membership. A State-placed student who is counted in average daily membership shall be counted as a student for the purposes of determining weighted student count.
(C) The full-time equivalent enrollment for each prekindergarten child as follows: If a child is enrolled in 10 or more hours of prekindergarten education per week or receives 10 or more hours of essential early education services per week, the child shall be counted as one full-time equivalent pupil. If a child is enrolled in six or more but fewer than 10 hours of prekindergarten education per week or if a child receives fewer than 10 hours of essential early education services per week, the child shall be counted as a percentage of one full-time equivalent pupil, calculated as one multiplied by the number of hours per week divided by ten. A child enrolled in prekindergarten education for fewer than six hours per week shall not be included in the district’s average daily membership. There is no limit on the total number of children who may be enrolled in prekindergarten education or who receive essential early education services.
[Subdivision (1) effective July 1, 2028 if contingency met; see also subdivision (1) effective until contingency met, set out above.]
(1) “Average daily membership” of a school district in any year means:
(A) The full-time equivalent enrollment of students, as defined by the State Board by rule, who are legal residents of the district or municipality attending a school owned and operated by the district, attending a public school outside the district under section 822a of this title, or for whom the district pays tuition to one or more approved independent schools or public schools outside the district during the annual census period. The census period consists of the 11th day through the 30th day of the school year in which school is actually in session.
(B) The full-time equivalent enrollment in the year before the last census period, of any State-placed students as defined in subdivision 11(a)(28) of this title. A school district that provides for the education of its students by paying tuition to an approved independent school or public school outside the district shall not count a State-placed student for whom it is paying tuition for purposes of determining average daily membership. A school district that is receiving the full amount, as defined by the State Board by rule, of the student’s education costs under subsection 2950(a) of this title shall not count the student for purposes of determining average daily membership. A State-placed student who is counted in average daily membership shall be counted as a student for the purposes of determining weighted student count.
(C) The full-time equivalent enrollment for each prekindergarten child as follows: If a child is enrolled in 10 or more hours of prekindergarten education per week or receives 10 or more hours of essential early education services per week, the child shall be counted as one full-time equivalent pupil. If a child is enrolled in six or more but fewer than 10 hours of prekindergarten education per week or if a child receives fewer than 10 hours of essential early education services per week, the child shall be counted as a percentage of one full-time equivalent pupil, calculated as one multiplied by the number of hours per week divided by ten. A child enrolled in prekindergarten education for fewer than six hours per week shall not be included in the district’s average daily membership. There is no limit on the total number of children who may be enrolled in prekindergarten education or who receive essential early education services.
(2) “Equalized grand list” has the same meaning that equalized education property tax grand list has in 32 V.S.A. chapter 135.
(3)-(5) [Repealed.]
[Subdivision (6) repealed July 1, 2028 if contingency met.]
(6) “Education spending” means the amount of the school district budget, any assessment for a joint contract school, career technical center payments made on behalf of the district under subsection 1561(b) of this title, and any amount added to pay a deficit pursuant to 24 V.S.A. § 1523(b) that is paid for by the school district, but excluding any portion of the school budget paid for from any other sources such as endowments, parental fundraising, federal funds, nongovernmental grants, or other State funds such as special education funds paid under chapter 101 of this title.
(A) [Repealed.]
(B) For all bonds approved by voters prior to July 1, 2024, voter-approved bond payments toward principal and interest shall not be included in “education spending” for purposes of calculating excess spending pursuant to 32 V.S.A. § 5401(12).
(7) “Long-term membership” of a school district in any school year means the:
(A) average of the district’s average daily membership, excluding full-time equivalent enrollment of State-placed students, over two school years, the latter of which is the current school year, plus
(B) full-time equivalent enrollment of State-placed students for the most recent of the two years.
(8) [Repealed.]
(9) “Public school” means an elementary school or secondary school for which the governing board is publicly elected. A public school may maintain evening or summer school for its students and it shall be considered a public school.
(10) “School district” means a town school district, city school district, incorporated school district, the member school districts of an interstate school district, a union school district, a unified union district, or an unorganized town or gore.
(11) “School year” means a year beginning on July 1 and ending on the following June 30.
(12) “Weighted long-term membership” of a school district in any school year means the long-term membership adjusted pursuant to section 4010 of this title.
[Subdivision (13) effective until contingency met; see also subdivision (13) effective July 1, 2028 if contingency met, set out below.]
(13) “Base education amount” means a number used to calculate categorical grants awarded under this title that is equal to $6,800.00 per equalized pupil, adjusted as required under section 4011 of this title.
[Subdivision (13) effective July 1, 2028 if contingency met; see also subdivision (13) effective until contingency met, set out above.]
(13) “Categorical base amount” means a number used to calculate categorical grants awarded under this title that is equal to $6,800.00 per equalized pupil, adjusted as required under section 4011 of this title.
[Subdivision (14) repealed July 1, 2028 if contingency met.]
(14) “Per pupil education spending” of a school district in any school year means the per pupil education spending of that school district as determined under subsection 4010(f) of this title.
(15) “Prekindergarten child” means a three- or four-year-old child who is enrolled in a prekindergarten program offered by or through a school district pursuant to rules adopted under section 829 of this title or who is receiving essential early education services offered pursuant to section 2956 of this title. Prekindergarten child also means a five-year-old child who otherwise meets the terms of this definition if that child is not yet eligible for or enrolled in kindergarten.
[Subdivision (16) effective July 1, 2028 if contingency met.]
(16) “Base amount” means a per pupil cost-factor amount of $15,033.00, which shall be adjusted for inflation annually on or before November 15 by the Secretary of Education. As used in this subdivision, “adjusted for inflation” means adjusting the base dollar amount by the National Income and Product Accounts (NIPA) implicit price deflator for state and local government consumption expenditures and gross investment published by the U.S. Department of Commerce, Bureau of Economic Analysis, from fiscal year 2025 through the fiscal year for which the amount is being determined, and rounding upward to the nearest whole dollar amount.
[Subdivision (17) effective July 1, 2028 if contingency met.]
(17) “Educational opportunity payment” means the base amount multiplied by the school district’s weighted long-term membership as determined under section 4010 of this title. (Added 1997, No. 60, § 18, eff. July 1, 1998; amended 1997, No. 71 (Adj. Sess.), § 117, eff. March 11, 1998; 1999, No. 152 (Adj. Sess.), § 166b; 2001, No. 8, § 15; 2003, No. 68, § 15, eff. June 18, 2003; 2003, No. 68, § 25; 2003, No. 130 (Adj. Sess.), § 10; 2005, No. 182 (Adj. Sess.), § 8; 2007, No. 62, §§ 4, 6; 2007, No. 66, § 16; 2007, No. 66, § 17, eff. July 1, 2009; 2007, No. 132 (Adj. Sess.), §§ 4, 5; 2009, No. 44, §§ 16, 20, 30, eff. May 21, 2009; 2009, No. 156 (Adj. Sess.), § E.500.1, eff. June 3, 2010; 2011, No. 38, § 1, eff. May 19, 2011; 2011, No. 45, § 13d, eff. May 24, 2011; 2011, No. 58, § 17, eff. May 31, 2011; 2011, No. 129 (Adj. Sess.), § 35; 2011, No. 156 (Adj. Sess.), § 23; 2013, No. 179 (Adj. Sess.), § E.514.5; 2015, No. 46, §§ 26, 34; 2015, No. 132 (Adj. Sess.), § 3, eff. July 1, 2017; 2017, No. 173 (Adj. Sess.), § 15, eff. July 1, 2019; 2019, No. 66, § 2, eff. June 17, 2019; 2021, No. 73, § 18; 2021, No. 127 (Adj. Sess.), § 24, eff. July 1, 2024; 2023, No. 183 (Adj. Sess.), § 20, eff. July 1, 2024; 2025, No. 73, § 34, contingently eff. July 1, 2028.)