(a)A school district shall not pay the tuition of a student except to:
(1)a public school located in Vermont;
(2)an approved independent school that:
(A)is located in Vermont;
(B)is approved under section 166 of this title on or before July 1, 2025;
(C)is located within either:
(i)a supervisory district that does not operate a public school for some or all grades as of July 1, 2024; or
(ii)a supervisory union with one or more member school districts that does not operate a public school for some or all grades as of July 1, 2024;
(D)had at least 25 percent of its student enrollment composed of students attending on a district-funded tuition basis pursuant to chapter 21 of this title during the 2023–2024 school year; and
(E)complies with the minimum class size requirements containe
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(a) A school district shall not pay the tuition of a student except to:
(1) a public school located in Vermont;
(2) an approved independent school that:
(A) is located in Vermont;
(B) is approved under section 166 of this title on or before July 1, 2025;
(C) is located within either:
(i) a supervisory district that does not operate a public school for some or all grades as of July 1, 2024; or
(ii) a supervisory union with one or more member school districts that does not operate a public school for some or all grades as of July 1, 2024;
(D) had at least 25 percent of its student enrollment composed of students attending on a district-funded tuition basis pursuant to chapter 21 of this title during the 2023–2024 school year; and
(E) complies with the minimum class size requirements contained in subdivision 165(a)(9) of this title and State Board rule; provided, however, that if a school is unable to comply with the class size minimum standards due to geographic isolation or a school has developed an implementation plan to meet the class size minimum requirements, the school may ask the State Board to grant it a waiver from this subdivision (E), which decision shall be final;
(3) an independent school meeting education quality standards;
(4) a tutorial program approved by the State Board;
(5) an approved education program;
(6) a public school located in another state; or
(7) a therapeutic approved independent school located in Vermont or another state or country that is approved under the laws of that state or country.
(b) Payment of tuition on behalf of a person shall not be denied on account of age.
(c) Unless otherwise provided, a person who is aggrieved by a decision of a school board relating to eligibility for tuition payments, the amount of tuition payable, or the school the person may attend, may appeal to the State Board and its decision shall be final.
(d) As used in this section, “therapeutic approved independent school” means an approved independent school that limits enrollment for publicly funded students residing in Vermont to students who are on an individualized education program or plan under Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794, or who are enrolled pursuant to a written agreement between a local education agency and the school or pursuant to a court order. (Added 1969, No. 298 (Adj. Sess.), § 59; amended 1989, No. 271 (Adj. Sess.), § 6; 1991, No. 24, § 11; 1995, No. 157 (Adj. Sess.), § 3; 2009, No. 44, § 13, eff. May 21, 2009; 2015, No. 23, § 26; 2021, No. 127 (Adj. Sess.), § 21, eff. July 1, 2024; 2025, No. 73, § 21, eff. July 1, 2025.)