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H 454
Vermont House•Passed
Summary
H 454, an act relating to transforming Vermont’s education governance, quality, and finance systems, was introduced in the House on Feb 28, 2025 by Rep. Casey Toof (R) with 4 co-sponsors. It last saw action on Jun 16, 2025: House message: Governor approved bill on July 1, 2025.
Record
Text
H 454 has 4 co-sponsors and 6 roll calls.
h454/chaptered.txtNo. 73 Page 1 of 1472025No. 73. An act relating to transforming Vermont’s education governance,quality, and finance systems.(H.454)It is hereby enacted by the General Assembly of the State of Vermont:* * * Findings and Intent * * *Sec. 1. FINDINGS; INTENT; PLAN(a) The General Assembly finds that:(1) In 1997, the first piece of law the General Assembly enacted inresponse to Brigham v. State, 166 Vt. 246 (1997) stated, “[t]he right to publiceducation is integral to Vermont’s constitutional form of government and itsguarantees of political and civil rights…[and] fundamental for the success ofVermont’s children in a rapidly-changing society and global marketplace aswell as the State’s own economic and social prosperity.” 16 V.S.A. § 1.(2) From the very first attempt at creating a basic frame of government,Vermont’s founders chose to include a right to public education, the onlygovernmental service included in Vermont’s first Constitution of 1777.(3) As the U.S. Supreme Court stated in Brown v. Board of Education,347 U.S. 483 (1954), “education is perhaps the most important function ofstate and local governments…[i]t is required in the performance of our mostbasic public responsibilities…[i]t is the very foundation of good citizenship.”(4) The most enduring legacy of Brigham is the State’s responsibility toensure substantially equal educational opportunities for all Vermont students.VT LEG #384389 v.1No. 73 Page 2 of 1472025(5) The education system is still reeling from the effects of a globalpandemic, yet the same challenges that have faced Vermont’s educationsystem remain. Thirty to 40 years ago, Vermont educated more than 110,000students each year. Today, there are approximately 84,000 students in thepublic education system. Many schools have lost a significant number ofstudents and, with them, the ability to offer robust services and programs atevery school. Vermont’s youth need to be prepared for a rapidly evolvingfuture.(6) Vermonters deserve an exceptional educational system that is stableand predictable and where a student’s home address does not dictate thequality of education they receive. School district size and boundaries, schoolsize, and class size are all influential factors in shaping the quality ofinstruction and overall student outcomes. The effectiveness of our schoolsdepends on teacher quality, resource availability, and the unique strengths oflocal communities. Change in our educational system is needed. Systems aremade of people, so change must come carefully and thoughtfully, withmeaningful engagement by all Vermonters.(b) Intent; plan.(1) To ensure each student is provided substantially equal educationalopportunities that will prepare them to thrive in a 21st-century world, it is theintent of the General Assembly to work strategically, intentionally, andthoughtfully to ensure that each incremental change made to Vermont’s publicVT LEG #384389 v.1No. 73 Page 3 of 1472025education system provides strength and support to its only constitutionallyrequired governmental service.(2) It is further the intent of the General Assembly to:(A) in the 2026 session:(i) enact new, larger school district boundaries that would beeffective July 1, 2026;(ii) enact updates to career and technical education governancesystems, both at the local and statewide levels, that are reflective of the largerpublic education governance transformation to new, larger school districts;(iii) create a coordinated and coherent statewide strategy for careerand technical education that is responsive to students and the State’s workforceneeds and that provides opportunities for more integration between career andtechnical education and traditional high school work;(iv) enact student-centered updates to fully fund career andtechnical education within a foundation formula that does not createcompetition between sending schools and career and technical educationprograms for available funds nor exceed current spending levels;(v) begin the process to create voting wards within each schooldistrict to ensure school board membership is apportioned in such a manner asto achieve substantially equal weighting of the votes of all voters in theelection of school board members; andVT LEG #384389 v.1No. 73 Page 4 of 1472025(vi) establish an appropriate weight for prekindergarten students,as well as enact changes to the publicly funded prekindergarten program thatensure costs are borne by the appropriate funding source depending on the ageof the student and the prekindergarten education provider;(B) provide or enable the provision of the necessary staffing,resources, and support to the Agency of Education, the Secretary of State’sOffice, town clerks, and other integral parties to the election system to hold thefirst school board member elections within the newly created school districts ina special election in November 2027; and(C) provide or enable the provision of the necessary staffing,resources, and support to the Agency of Education, State Board of Education,and other integral parties to ensure that the necessary guidance and funding isin place to allow for a smooth and successful transition between the operationof Vermont’s current 119 school districts to the new, larger school districts,with new school districts assuming responsibility for the education of allresident students on July 1, 2028.(3) It is further the intent of the General Assembly to ensure that theimposition of the new statewide education tax rate contemplated by this actdoes not result in an increase of education property tax bills relative toVermont’s current education funding system for municipalities acrossVermont. The General Assembly intends to mitigate or reduce property taxbills for Vermonters by, among other things:VT LEG #384389 v.1No. 73 Page 5 of 1472025(A) enacting new school district boundaries that increase theefficiency of the delivery of educational services through scale;(B) addressing inefficiencies of education delivery throughprogrammatic updates to prekindergarten, career and technical education, andspecial education;(C) improving staffing ratios to increase sustainability and reducecosts;(D) addressing high-cost, languishing physical school infrastructurethrough implementation of a new State aid for school construction program;(E) evaluating and consolidating education governance structures toreduce administrative costs and burdens;(F) stabilizing education property taxes by transitioning from aneducation funding system that funds locally varying budgets to a foundationformula that funds predictable educational opportunity payments;(G) implementing a foundation formula with costs reflective of themost efficient method of delivery of education services to Vermont pupils ofall educational needs within Vermont’s existing education structure;(H) providing a process for regular recalibration of the foundationformula to reduce costs over time as educational efficiencies are gainedthrough the implementation of new governance and programmatic structures;(I) reserving support for small and sparse schools for schools that aresmall or sparse by necessity;VT LEG #384389 v.1No. 73 Page 6 of 1472025(J) shifting certain education and other related costs off of theEducation Fund and on to other sources of funding that do not impact theproperty tax bills of Vermonters;(K) implementing equalizing measures for any local spendingadditional to educational opportunity payments that reserve funds within theEducation Fund to reduce following-year property tax bills;(L) imposing a cap on local spending additional to educationalopportunity payments to limit property tax rate increases through thesupplemental district spending tax;(M) providing transitionary measures to ease school districtmovement from current education spending to educational opportunitypayments under the new foundation formula; and(N) replacing the existing property tax credit with a homesteadexemption that increases income sensitivity benefits to Vermonters with lowand moderate income and smooths existing income sensitivity benefit cliffs.* * * Commission on the Future of Public Education * * *Sec. 2. 2024 Acts and Resolves No. 183, Sec. 1 is amended to read:Sec. 1. THE COMMISSION ON THE FUTURE OF PUBLICEDUCATION; REPORTS(a) Creation. There is hereby created the Commission on the Future ofPublic Education in Vermont. The right to education is fundamental for thesuccess of Vermont’s children in a rapidly changing society and globalVT LEG #384389 v.1No. 73 Page 7 of 1472025marketplace as well as for the State’s own economic and social prosperity.The Commission shall study the provision of education in Vermont and makerecommendations for a statewide vision for Vermont’s public education systemto ensure that all students are afforded substantially equal educationalopportunities in an efficient, sustainable, and stable education system. TheCommission shall also make recommendations for the strategic policy changesnecessary to make Vermont’s educational vision a reality for all Vermontstudents.(b) Membership. The Commission shall be composed of the followingmembers and, to the extent possible, the members shall represent the State’sgeographic, gender, racial, and ethnic diversity:(1) the Secretary of Education or designee;(2) the Chair of the State Board of Education or designee;(3) the Tax Commissioner or designee;(4) one current member of the House of Representatives, appointed bythe Speaker of the House;(5) one current member of the Senate, appointed by the Committee onCommittees;(6) one representative from the Vermont School Boards Association(VSBA), appointed by the VSBA Executive Director;(7) one representative from the Vermont Principals’ Association (VPA),appointed by the VPA Executive Director;VT LEG #384389 v.1No. 73 Page 8 of 1472025(8) one representative from the Vermont Superintendents Association(VSA), appointed by the VSA Executive Director;(9) one representative from the Vermont National EducationAssociation (VTNEA), appointed by the VTNEA Executive Director;(10) one representative from the Vermont Association of SchoolBusiness Officials (VASBO) with experience in school construction projects,appointed by the President of VASBO;(11) the Chair of the Census-Based Funding Advisory Group, createdunder 2018 Acts and Resolves No. 173;(12) the Executive Director of the Vermont Rural EducationCollaborative; and(13) one representative from the Vermont Independent SchoolsAssociation (VISA), appointed by the President of VISA.(c) Steering group. On or before July 1, 2024, the Speaker of the Houseshall appoint two members of the Commission, the Committee on Committeesshall appoint two members of the Commission, and the Governor shall appointtwo members of the Commission to serve as members of a steering group. Thesteering group shall provide leadership to the Commission and shall work witha consultant or consultants to analyze the issues, challenges, and opportunitiesfacing Vermont’s public education system, as well as develop and propose awork plan to formalize the process through which the Commission shall seekto achieve its final recommendations. The formal work plan shall be approvedVT LEG #384389 v.1No. 73 Page 9 of 1472025by a majority of the Commission members. The steering group shall form asubcommittee of the Commission to address education finance topics in greaterdepth and may form one or more additional subcommittees of the Commissionto address other key topics in greater depth, as necessary. The steering groupmay appoint non-Commission members to the education financesubcommittee. All other subcommittees shall be composed solely ofCommission members.(d) Collaboration and information review.(1) The Commission shall may seek input from and collaborate with keystakeholders, as directed by the steering group. At a minimum, theCommission shall consult with:(A) the Department of Mental Health;(B) the Department of Labor;(C) the President of the University of Vermont or designee;(D) the Chancellor of the Vermont State Colleges Corporation ordesignee;(E) a representative from the Prekindergarten EducationImplementation Committee;(F) the Office of Racial Equity;(G) a representative with expertise in the Community Schools modelin Vermont;(H) the Vermont Youth Council;VT LEG #384389 v.1No. 73 Page 10 of 1472025(I) the Commission on Public School Employee Health Benefits; and(J) an organization committed to ensuring equal representation andeducational equity.(2) The Commission shall also review and take into considerationexisting educational laws and policy, including legislative reports theCommission deems relevant to its work and, at a minimum, 2015 Acts andResolves No. 46, 2018 Acts and Resolves No. 173, 2022 Acts and ResolvesNo. 127, and 2023 Acts and Resolves No. 76.(e) Duties of the Commission. The Commission shall study Vermont’spublic education system and make recommendations to ensure all students areafforded quality educational opportunities in an efficient, sustainable, andequitable education system that will enable students to achieve the highestacademic outcomes. The result of the Commission’s work shall be arecommendation for a statewide vision for Vermont’s public education system,with recommendations for the policy changes necessary to make Vermont’seducational vision a reality recommendations for what roles, functions, ordecisions should be a function of local control and what roles, functions, ordecisions should be a function of control at the State level. In creating andmaking its recommendations, the Commission shall engage in the following:(1) Public engagement. The Commission shall conduct not fewer than14 public meetings to inform the work required under this section. At least onemeeting of the Commission as a whole or a subcommittee of the CommissionVT LEG #384389 v.1No. 73 Page 11 of 1472025shall be held in each county. The Commission shall publish a draft of its finalrecommendations on or before October 1, 2025, solicit public feedback, andincorporate such feedback into its final recommendations. When submitting itsfinal recommendations to the General Assembly, the Commission shall includeall public feedback received as an addendum to its final report. The publicfeedback process shall include:(A) a minimum 30-day public comment period, during which timethe Commission shall accept written comments from the public andstakeholders; and(B) a public outreach plan that maximizes public engagement andincludes notice of the availability of language assistance services whenrequested.(2) Policy considerations. In developing its recommendations, theCommission shall consider and prioritize the following topics TheCommission’s work shall include recommendations for:(A) Governance, resources, and administration. The Commissionshall study and make recommendations regarding education governance at theState level, including the role of the Agency of Education in the provision ofservices and support for the education system. Recommendations under thissubdivision (A) shall include, at a minimum, the following:VT LEG #384389 v.1No. 73 Page 12 of 1472025(i) whether changes need to be made to the structure of theAgency of Education, including whether it better serves the recommendededucation vision of the State as an agency or a department;(ii) what are the staffing needs of the Agency of Education;(iii) whether changes need to be made to the composition, role,and function of the State Board of Education to better serve the recommendededucation vision of the State;(iv) what roles, functions, or decisions should be a function oflocal control and what roles, functions, or decisions should be a function ofcontrol at the State level; and(v) the effective integration of career and technical education inthe recommended education vision of the State. necessary updates to the rolesand responsibilities of school district boards and the electorate, includingamendments to 16 V.S.A. §§ 562 and 563;(B) Physical size and footprint of the education system. TheCommission shall study and make recommendations regarding how the uniquegeographical and socioeconomic needs of different communities should factorinto the provision of education in Vermont, taking into account and buildingupon the recommendations of the State Aid to School Construction WorkingGroup. Recommendations under this subdivision (B) shall include, at aminimum, the following:VT LEG #384389 v.1No. 73 Page 13 of 1472025(i) an analysis and recommendation for the most efficient andeffective number and location of school buildings, school districts, andsupervisory unions needed to achieve Vermont’s vision for education,provided that if there is a recommendation for any change, therecommendation shall include an implementation plan;(ii) an analysis of the capacity and ability to staff all publicschools with a qualified workforce, driven by data on class-sizerecommendations;(iii) analysis of whether, and if so, how, collaboration withVermont’s postsecondary schools may support the development and retentionof a qualified educator workforce;(iv) an analysis of the current town tuition program and whether,and if so, what, changes are necessary to meet Vermont’s vision for education,including the legal and financial impact of funding independent schools andother private institutions, including consideration of the following:(I) the role designation, under 16 V.S.A. § 827, should play inthe delivery of public education; and(II) the financial impact to the Education Fund of public dollarsbeing used in schools located outside Vermont; and(v) an analysis of the current use of private therapeutic schools inthe provision of special education services and whether, and if so, what,changes are necessary to meet Vermont’s special education needs, includingVT LEG #384389 v.1No. 73 Page 14 of 1472025the legal and financial impact of funding private therapeutic schools. a processfor a community served by a school to have a voice in decisions regardingschool closures and recommendations for what that process shall entail; and(C) The role of public schools. The Commission shall study andmake recommendations regarding the role public schools should play in boththe provision of education and the social and emotional well-being of students.Recommendations under this subdivision (C) shall include, at a minimum, thefollowing:(i) how public education in Vermont should be delivered;(ii) whether Vermont’s vision for public education shall includethe provision of wraparound supports and collocation of services;(iii) whether, and if so, how, collaboration with Vermont’spostsecondary schools may support and strengthen the delivery of publiceducation; and(iv) what the consequences are for the Commission’srecommendations regarding the role of public schools and other serviceproviders, including what the role of public schools means for staffing,funding, and any other affected system, with the goal of most efficientlyutilizing State funds and services and maximizing federal funding a processfor monitoring implementation of this act in a manner that is transparent andpublic facing.VT LEG #384389 v.1No. 73 Page 15 of 1472025(D) Education finance system. The Commission shall explore theefficacy and potential equity gains of changes to the education finance system,including weighted educational opportunity payments as a method to fundpublic education. The Commission’s recommendations shall be intended toresult in an education funding system designed to afford substantially equalaccess to a quality basic education for all Vermont students in accordance withState v. Brigham, 166 Vt. 246 (1997). Recommendations under thissubdivision (D) shall include, at a minimum, the following:(i) allowable uses for the Education Fund that shall ensuresustainable and equitable use of State funds;(ii) the method for setting tax rates to sustain allowable uses of theEducation Fund;(iii) whether, and if so, what, alternative funding models wouldcreate a more affordable, sustainable, and equitable education finance systemin Vermont, including the consideration of a statutory, formal base amount ofper pupil education spending and whether school districts should be allowed tospend above the base amount;(iv) adjustments to the excess spending threshold, includingrecommendations that target specific types of spending;(v) the implementation of education spending caps on differentservices, including administrative and support services and categorical aid;VT LEG #384389 v.1No. 73 Page 16 of 1472025(vi) how to strengthen the understanding and connection betweenschool budget votes and property tax bills;(vii) adjustments to the property tax credit thresholds to bettermatch need to the benefit;(viii) a system for ongoing monitoring of the Education Fund andVermont’s education finance system, to include consideration of a standingEducation Fund advisory committee;(ix) an analysis of the impact of healthcare costs on the EducationFund, including recommendations for whether, and if so, what, changes needto be made to contain costs; and(x) implementation details for any recommended changes to theeducation funding system. [Repealed.](E) Additional considerations. The Commission may consider anyother topic, factor, or issue that it deems relevant to its work andrecommendations.(f) Reports. The Commission shall prepare and submit to the GeneralAssembly the following:(1) a formal, written work plan, which shall include a communicationplan to maximize public engagement, on or before September 15, 2024;(2) a written report containing its preliminary findings andrecommendations, including short-term cost containment considerations for the2025 legislative session, on or before December 15, 2024; andVT LEG #384389 v.1No. 73 Page 17 of 1472025(3) a written report containing its final findings and recommendationsfor a statewide vision for Vermont’s public education system and the policychanges necessary to make that educational vision a reality based on itsanalysis of the governance topics contained in subdivisions (e)(2)(A)–(C) ofthis section, on or before December 1, 2025; and(4) proposed legislative language to advance any recommendations forthe education funding system on or before December 15, 2025.(g) Assistance. The Agency of Education shall contract with one or moreindependent consultants or facilitators to provide technical and legal assistanceto the Commission for the work required under this section. For the purposesof scheduling meetings and providing administrative assistance, theCommission shall have the assistance of the Agency of Education. TheAgency shall also provide the educational and financial data necessary tofacilitate the work of the Commission. School districts shall comply withrequests from the Agency to assist in data collections.(h) Meetings.(1) The Secretary of Education shall call the first meeting of theCommission to occur on or before July 15, 2024.(2) The Speaker of the House and the President Pro Tempore shalljointly select a Commission chair.(3) A majority of the membership shall constitute a quorum.VT LEG #384389 v.1No. 73 Page 18 of 1472025(4) Meetings shall be conducted in accordance with Vermont’s OpenMeeting Law pursuant to 1 V.S.A. chapter 5, subchapter 2.(5) The Commission shall cease to exist on December 31, 2025.(i) Compensation and reimbursement. Members of the Commission shallbe entitled to per diem compensation and reimbursement of expenses aspermitted under 32 V.S.A. § 1010 for not more than 30 meetings, includingsubcommittee meetings. These payments shall be made from moniesappropriated to the Agency of Education.* * * School District Redistricting * * *Sec. 3. SCHOOL DISTRICT REDISTRICTING TASK FORCE; REPORT(a) Creation. There is created the School District Redistricting Task Forceto recommend new school district boundaries and configurations to theGeneral Assembly.(b) Membership. The Task Force shall be composed of the followingmembers:(1) Nonlegislative members. There shall be five nonlegislativemembers, all of whom shall have extensive experience working within theVermont public education system. Appointing authorities shall coordinate toensure that, to the extent possible, each of the five nonlegislative membersrepresents a different geographic region of the State.(A) Two members shall be appointed by the Speaker of the House,one of whom shall be a retired or former Vermont superintendent of aVT LEG #384389 v.1No. 73 Page 19 of 1472025supervisory union with multiple member school districts and one of whomshall be either a retired or former Vermont school business manager or aretired or former school board member.(B) Two members shall be appointed by the Committee onCommittees, one of whom shall be a retired or former Vermont superintendentand one of whom shall be a retired or former Vermont school businessmanager.(C) One member shall be appointed by the Governor, who shall be aretired or former Vermont superintendent.(2) Legislative members. There shall be six legislative members.(A) Three members shall be current members of the House ofRepresentatives, not all from the same political party nor from the same schooldistrict, who shall be appointed by the Speaker of the House.(B) Three members shall be current members of the Senate, not allfrom the same political party nor from the same school district, who shall beappointed by the Committee on Committees.(c) Powers and duties. In consultation with the Commission on the Futureof Public Education, the Task Force shall study and consider differentconfigurations for school district consolidation and propose not more thanthree options for new school district boundaries. At least one boundaryproposal recommendation shall consider the use of supervisory unions andsupervisory districts, allow for the continuation of a tuitioning system thatVT LEG #384389 v.1No. 73 Page 20 of 1472025provides continued access to independent schools that have served geographicareas that do not operate public schools for the grades served by theindependent schools, and to the extent practical, not separate geographic areasthat contain nonoperating school districts as such districts exist on July 1,2025.(1) Proposed new school districts or supervisory unions and supervisorydistricts shall have, to the extent practical, an average daily membership of notfewer than approximately 4,000 and not more than 8,000 prekindergartenthrough grade 12 students.(2) Proposed new school districts or supervisory unions and supervisorydistricts shall also be, to the greatest extent possible, grand list and pupil-countbalanced, demographically equitable, logistically feasible, and create the leastamount of disruption to students as possible.(3) In creating the proposed districts, the Task Force shall consider thefollowing with the goal of increasing equitable access to educationalopportunity for all students:(A) current school district and town boundaries and other historic andcurrent community connections, including access to regional services forstudents, such as designated agencies;(B) geographic barriers, including mountains and rivers;(C) population distribution;VT LEG #384389 v.1No. 73 Page 21 of 1472025(D) location, capacity, and the facility condition index score ofcurrent school buildings;(E) transportation and employment patterns and practices;(F) grand list values accounting for the homestead exemption andcurrent education spending;(G) student demographics;(H) the debt, liabilities, and assets of current school districts;(I) staffing levels and salary scales;(J) opportunities to support local elementary schools, central middleschools, and regional high schools, with the least disruption to students;(K) access to career and technical education (CTE) for all eligiblestudents;(L) the maximization of cost efficiencies;(M) the location of schools and CTE centers; and(N) any other factors the Task Force deems relevant.(d) Public input. The Task Force shall hold not fewer than two publichearings to receive and consider feedback from members of the publicregarding school district consolidation and proposed boundaries and shall workclosely with the Commission on the Future of Public Education’s publicengagement process to maximize public input regarding the development ofthe proposed new school district boundaries.VT LEG #384389 v.1No. 73 Page 22 of 1472025(e) Assistance. The Task Force shall have the administrative, technical,and legal assistance of the Agency of Administration, the Agency of DigitalServices, Vermont Center for Geographic Information, and the Department ofTaxes. The Task Force shall retain the services of one or more independentthird parties to provide contracted facilitation resources or any other servicesthe Task Force deems necessary.(f) Report and maps. On or before December 1, 2025, the Task Force shallsubmit a written report to the House Committees on Education and onGovernment Operations and Military Affairs and the Senate Committees onEducation and on Government Operations with its proposals for newconsolidated school district boundaries. The report shall include how eachproposal meets the requirements contained in subdivisions (c)(1) and (2) of thissection, how the considerations in subdivision (c)(3) of this section factoredinto each proposal, and the pros and cons of each proposal. Detailed mapsshall also be included with the report and the maps shall include the followinginformation, in addition to the proposed school district boundaries themselves:(1) average daily membership for each proposed school district for the2023–2024 school year;(2) the member towns for each proposed school district;(3) the location of public schools and nontherapeutic approvedindependent schools that are eligible to receive public tuition as of July 1,2025, and the grades operated by each of those schools;VT LEG #384389 v.1No. 73 Page 23 of 1472025(4) the five-year facility condition index score for each school;(5) PCB testing score for each school;(6) the 10-year change in enrollment between 2014 and 2024 for eachschool; and(7) the grand list value of each proposed school district.(g) Meetings.(1) The member appointed by the Governor shall call the first meetingof the Task Force to occur on or before August 1, 2025.(2) The Task Force shall select co-chairs from among its members at thefirst meeting, one a member of the House and the other a member of theSenate.(3) A majority of the membership shall constitute a quorum.(4) The Task Force shall cease to exist on June 30, 2026.(h) Compensation and reimbursement. Members of the Task Force shall beentitled to per diem compensation and reimbursement of expenses as permittedunder 32 V.S.A. § 1010 for not more than eight meetings. These paymentsshall be made from monies appropriated to the Agency of Administration.(i) Appropriations.(1) The sum of $50,000.00 is appropriated to the Agency ofAdministration from the General Fund in fiscal year 2026 for the purposes ofsupporting the Task Force and the hiring of one or more facilitation consultantspursuant to subsection (e) of this section.VT LEG #384389 v.1No. 73 Page 24 of 1472025(2) The sum of $100,000.00 is appropriated to the Agency of DigitalServices from the General Fund in fiscal year 2026 to cover costs associatedwith supporting the Task Force, or, if necessary, for the purposes of hiring oneor more consultants to provide support to the Task Force.(3) The sum of $10,000.00 is appropriated to the Agency ofAdministration from the General Fund in fiscal year 2026 for per diemcompensation and reimbursement of expenses for nonlegislative members ofthe Task Force.(4) The sum of $10,000.00 is appropriated to the General Assemblyfrom the General Fund in fiscal year 2026 for per diem compensation andreimbursement of expenses for legislative members of the Task Force.* * * School District Voting Ward Working Group * * *Sec. 4. SCHOOL DISTRICT VOTING WARD WORKING GROUP;REPORT; MAPS(a) Creation. There is created the School District Voting Ward WorkingGroup to create voting district wards within the new school districtscontemplated by this act, to ensure school board membership is apportioned insuch a manner as to achieve substantially equal weighting of the votes of allvoters in the choice of school board members.(b) Membership. The Working Group shall be composed of the followingmembers who shall have substantial understanding of Vermont geography,trade, travel, social interaction, and Vermont’s public education system:VT LEG #384389 v.1No. 73 Page 25 of 1472025(1) the Secretary of State or designee, who shall be the chair;(2) three members, who shall be appointed by the Vermont MunicipalClerk Treasurer Association;(3) two members, appointed by the Vermont School BoardsAssociation; and(4) the Director of the Vermont Center for Geographic Information ordesignee.(c) Powers and duties. On or before October 15, 2025, the Working Groupshall consult with the School District Redistricting Task Force created in Sec. 3of this act to gain an understanding of the status of the work of the Task Forceand to determine whether the Task Force has one or more boundary proposalsready for the Working Group to begin the work of creating voting wards.Using the boundary proposals of the Task Force, the Working Group shall,following the principles of apportionment followed by the legislativeapportionment board, make recommendations to the General Assembly toachieve voting districts within each school district that are compact,contiguous, and drawn to achieve substantially equal weighting of votes andthat meet the requirements of applicable State and federal law. If at any timeduring the work of the Working Group, the General Assembly enacts newschool district boundaries, or it appears clear the General Assembly is focusedon only one proposal, the Working Group shall focus its work andVT LEG #384389 v.1No. 73 Page 26 of 1472025recommendations to align with the work of the General Assembly. TheWorking Group’s recommendations shall include:(1) the optimal number of school board members per school board tomaximize public representation and democratic input while maintainingeffective school board size; and(2) boundaries for school district voting wards within each schooldistrict, with alternative options if necessary, including detailed maps clearlyand unambiguously delineating ward boundaries that respect current municipalboundary lines.(d) Assistance. The Working Group shall have the administrative,technical, and legal assistance of the Secretary of State’s office and thetechnical assistance of the Agency of Digital Services, Vermont Center forGeographic Information. The Working Group may contract for such expertservices as may be necessary to carry out its duties.(e) Meetings.(1) The Secretary of State shall call the first meeting of the WorkingGroup to occur on or before October 1, 2025.(2) The Secretary of State shall be the chair.(3) A majority of the membership shall constitute a quorum.(4) The Working Group shall cease to exist on June 30, 2026.(f) Compensation and reimbursement. Members of the Working Groupshall be entitled to per diem compensation and reimbursement of expenses asVT LEG #384389 v.1No. 73 Page 27 of 1472025permitted under 32 V.S.A. § 1010 for not more than 10 meetings. Thesepayments shall be made from monies appropriated to the Secretary of State’soffice.(g) Appropriation for Working Group. The sum of $15,000.00 isappropriated to the Secretary of State’s Office from the General Fund in fiscalyear 2026 for per diem compensation and reimbursement of expenses formembers of the Working Group.(h) Appropriation for voting ward creation. The sum of $200,000.00 isappropriated from the General Fund to the Office of Legislative Counsel forthe contracting and software resources necessary to create school districtvoting wards.* * * Class Size Minimums * * *Sec. 5. SCALE; INTENTIt is the intent of the General Assembly to transform education in Vermontby leveraging attainable and research-based scale to increase equity ofopportunity and promote efficiency and affordability.Sec. 6. 16 V.S.A. § 165 is amended to read:§ 165. EDUCATION QUALITY STANDARDS; EQUAL EDUCATIONALOPPORTUNITIES; INDEPENDENT SCHOOL MEETINGEDUCATION QUALITY STANDARDS(a) In order to carry out Vermont’s policy that all Vermont children will beafforded educational opportunities that are substantially equal in quality, eachVT LEG #384389 v.1No. 73 Page 28 of 1472025Vermont public school, including each career technical center, shall meet thefollowing education quality standards:***(9) The school complies with average class size minimum standards;provided, however, that when class size minimums apply to content areas, anindividual class may be smaller than the minimum average. As used in thissubdivision, “content area” means a group of courses within a specificlicensing endorsement area.(A) Class size standards.(i) The average class size minimum for first-grade classes shall be10 students.(ii) The average class size minimum for grades two through fiveshall be 12 students.(iii) The average class size minimum for grades six through eightin all required content areas shall be 15 students.(iv) The average class size minimum for grades nine through 12 inall required content area classes shall be 18 students.(v) Multiage classrooms for grades kindergarten through eightshall be limited to two grade levels per classroom.(vi) Prekindergarten, kindergarten, career and technical education,flexible pathways, terminal courses, advanced placement courses, courses thatrequire specialized equipment, and driver’s education classes shall be excludedVT LEG #384389 v.1No. 73 Page 29 of 1472025from the class size minimum requirements in this subdivision (9). Small groupservices for the purpose of providing special education, supplemental ortargeted academic intervention, or English learner instruction shall also beexcluded from the class size minimum requirements in this subdivision (9).(vii) Class sizes shall not exceed the maximum occupancy limitsestablished by local and State fire codes, including egress and safetyrequirements.(B) Waivers. If a school board determines that it operates a schoolthat is unable to comply with the class size minimum standards due togeographic isolation, or a school has developed an implementation plan tomeet the standards contained in this subdivision (9) that may includeconsolidation or merger, the school board may ask the State Board ofEducation to grant it waiver from this subdivision (9). The State Board shalldefine what qualifies as geographic isolation in its rules adopted pursuant tosubdivision (a)(3) of this section. The State Board’s decision shall be final.(C) State Board action. If the Secretary determines that a school isnot meeting the class size minimum standards set forth in this subdivision (9)over the course of three consecutive school years, the Secretary mayrecommend to the State Board one or more of the actions listed in subsection(b) of this section, regardless of whether the school is meeting all othereducation quality standards. The State Board shall then follow the procedureof subsection (c) of this section.VT LEG #384389 v.1No. 73 Page 30 of 1472025(b) Annually, the Secretary shall determine whether students in eachVermont public school are provided educational opportunities substantiallyequal to those provided in other public schools. If the Secretary determinesthat a school is not meeting the education quality standards listed in subsection(a) of this section or that the school is making insufficient progress inimproving student performance in relation to the standards for studentperformance set forth in subdivision 164(9) of this title, he or she the Secretaryshall describe in writing actions that a district must take in order to meet eitheror both sets of standards and shall provide technical assistance to the school. Ifthe school fails to meet the standards or make sufficient progress within twoyears of following the determination, the Secretary shall recommend to theState Board one or more of the following actions:(1) the Agency continue to provide technical assistance for one morecycle of review;(2) the State Board adjust supervisory union boundaries orresponsibilities of the superintendency pursuant to section 261 of this title;(3) the Secretary assume administrative control of an individual school,school district, or supervisory union, including budgetary control to ensuresound financial practices, only to the extent necessary to correct deficiencies;(4) the State Board close an individual school or schools and require thatthe school district pay tuition to another public school or an approvedindependent school pursuant to chapter 21 of this title; orVT LEG #384389 v.1No. 73 Page 31 of 1472025(5) the State Board require two or more school districts to consolidatetheir governance structures.(c) The State Board, after offering the school board an opportunity for ahearing, shall either dismiss the Secretary’s recommendation or order that oneor more of the actions listed in subsection (b) of this section be taken. Theaction ordered by the State Board shall be the least intrusive consistent with theneed to provide students attending the school substantially equal educationalopportunities. A school board aggrieved by an order of the State Board mayappeal the order in accordance with the Rules of Civil Procedure.***(e) If the Secretary determines at any time that the failure of a school tomeet the education quality standards listed in subsection (a) of this section issevere or pervasive, potentially results in physical or emotional harm tostudents or significant deprivation of equal education opportunities, and theschool has either unreasonably refused to remedy the problem or its effortshave proved ineffective, he or she the Secretary may recommend to the StateBoard one or more of the actions listed in subsection (b) of this section. TheState Board shall then follow the procedure of subsection (c) of this section.***Sec. 7. FAILURE TO COMPLY WITH EDUCATION QUALITYSTANDARDS; STATE BOARD ACTIONVT LEG #384389 v.1No. 73 Page 32 of 1472025Notwithstanding 16 V.S.A. § 165(b)(4) and (5) and any other provision oflaw to the contrary, the State Board shall be prohibited from ordering schooldistrict consolidation or school consolidation if a school fails to comply withclass size minimum education quality standards and the resulting consolidationwould result in school construction costs in excess of the applicable district’scapital reserve account until the General Assembly establishes new schooldistrict boundaries and takes further action regarding the consequences forfailure to meet education quality standards.* * * Agency and State Board Rules and Reports * * *Sec. 8. STATE BOARD OF EDUCATION; RULES; REPORT(a) Rules.(1) The State Board of Education shall initiate rulemaking to amend theEducation Quality Standards rule 2000 series, Agency of Education, EducationQuality Standards (22-000-003), pursuant to 3 V.S.A. chapter 25:(A) on or before August 1, 2026, to ensure compliance with the classsize minimum standards set pursuant to 16 V.S.A. § 165(a)(9); and(B) on or before July 1, 2027, to adopt standards for statewidegraduation requirements based on standards adopted by the State Board andrecommendations from the Agency of Education, which shall take effectbeginning in the 2027–2028 school year for the graduating class of 2031 andevery graduating class thereafter.VT LEG #384389 v.1No. 73 Page 33 of 1472025(2) On or before August 1, 2026, the State Board of Education shallinitiate rulemaking to amend the approved independent school rule 2200 series,Agency of Education, Independent School Program Approval (22-000-004),pursuant to 3 V.S.A. chapter 25, to require approved independent schools thatintend to accept public tuition to comply with the class size minimumstandards set pursuant to 16 V.S.A. § 165(a)(9). The amendments shall alsocreate a process for review by the State Board for failure to meet the class sizeminimum requirements and the corresponding actions the Board may take forsuch noncompliance; provided, however, that the Board shall provide anapproved independent school a substantially similar opportunity to come intocompliance with class size minimum standards that it would provide to apublic school.(b) Report. On or before December 1, 2025, the State Board of Educationshall submit a written report to the House and Senate Committees onEducation with proposed standards for schools to be deemed “small bynecessity” or “sparse by necessity.”Sec. 9. AGENCY OF EDUCATION; SCHOOL CALENDAR;GRADUATION REQUIREMENTS; REPORT(a) Statewide graduation requirements. On or before January 1, 2026, theAgency of Education shall recommend to the State Board of Educationstandards for statewide graduation requirements based on standards adopted bythe State Board.VT LEG #384389 v.1No. 73 Page 34 of 1472025(b) Statewide school calendar.(1) On or before January 15, 2027, the Secretary of Education shalldevelop and publish a statewide calendar for the public schools of the State,including career and technical centers, that shall be in effect in the2028–2029 academic year and after.(2) On or before January 15, 2027, the Secretary shall present to theHouse and Senate Committees on Education a list of the statutory amendmentsnecessary to effect the intent of this subsection.(c) Report. On or before December 1, 2025, the Agency of Education shallsubmit a written report and recommended legislative language, as applicable,to the House and Senate Committees on Education with the following:(1) In consultation with educators and administrators, a proposedimplementation plan for statewide financial data and student informationsystems.(2) Recommendations for a school construction division within theAgency of Education, including position descriptions and job duties for eachposition within the division, a detailed description of the assistance the divisionwould provide to the field, and the overall role the Agency would play within aState aid to school construction program.(3) A progress report regarding the development of clear, unambiguousguidance that would be provided to school officials and school board membersregarding the business processes and transactions that would need to occur toVT LEG #384389 v.1No. 73 Page 35 of 1472025facilitate school district mergers into larger, consolidated school districts,including the merging of data systems, asset and liability transfers, and how toaddress collective bargaining agreements for both educators and staff. Thereport shall include a detailed description of how the Agency will providesupport and consolidation assistance to the field in each of these areas and anestimate of the costs associated with such work.(4) In consultation with superintendents, directors of therapeuticindependent schools, special education directors, and, in the opinion of theAgency, other experts, recommendations for the need for cooperativeeducation services and the oversight of therapeutic schools within the schoolgovernance framework both at a State and local level.Sec. 10. STATE BOARD OF EDUCATION; REVIEW OF RULES;APPROPRIATION(a) The State Board of Education shall review each rule series the StateBoard is responsible for and make a determination as to the continuing needfor, appropriateness of, or need for updating of said rules. On or beforeDecember 1, 2026, the State Board of Education shall submit a written reportto the House and Senate Committees on Education with its recommendationfor rules that are no longer needed and a plan to update rules that are stillnecessary, including the order in which the Board proposes to update the rulesand any associated costs or staffing needs.VT LEG #384389 v.1No. 73 Page 36 of 1472025(b) The sum of $200,000.00 is appropriated from the General Fund to theAgency of Education in fiscal year 2026 to provide the State Board ofEducation with the contracted resources necessary to review and update theBoard’s rules.Sec. 11. [Deleted.]* * * State Aid to School Construction * * *Sec. 12. 16 V.S.A. § 3440 is added to read:§ 3440. STATEMENT OF POLICYIt is the intent of this chapter to encourage the efficient use of public fundsto modernize school infrastructure in alignment with current educational needs.School construction projects supported by this chapter should be developedtaking consideration of standards of quality for public schools under section165 of this title and prioritizing cost, geographic accessibility, 21st centuryeducation facilities standards, statewide enrollment trends, and capacity andscale that support best educational practices. Further, it is the intent of thischapter to encourage the use of existing infrastructure to meet the needs ofVermont students. Joint construction projects between two or more schooldistricts and consolidation of buildings within a district where feasible andeducationally appropriate are encouraged.Sec. 13. 16 V.S.A. § 3442 is added to read:§ 3442. STATE AID FOR SCHOOL CONSTRUCTION PROGRAMVT LEG #384389 v.1No. 73 Page 37 of 1472025The Agency of Education shall be responsible for implementing the StateAid for School Construction Program according to the provisions of thischapter. The Agency shall be responsible for:(1) reviewing all preliminary applications for State school constructionaid and issuing an approval or denial in accordance with section 3445 of thischapter;(2) adopting rules pursuant to 3 V.S.A. chapter 25 pertaining to schoolconstruction and capital outlay, including rules to specify a point prioritizationmethodology and a bonus incentive structure aligned with the legislative intentexpressed in section 3440 of this title;(3) including as part of its budget submitted to the Governor pursuant tosubdivision 212(21) of this title its annual school construction funding request;(4) developing a prequalification and review process for project deliveryconsultants and architecture and engineering firms specializing inprekindergarten through grade 12 school design, renovation, or constructionand maintaining a list of such prequalified firms and consultants;(5) providing technical assistance and guidance to school districts andsupervisory unions on all phases of school capital projects;(6) providing technical advice and assistance, training, and education toschool districts, supervisory unions, general contractors, subcontractors,construction or project managers, designers, and other vendors in the planning,maintenance, and establishment of school facility space;VT LEG #384389 v.1No. 73 Page 38 of 1472025(7) maintaining a current list of school construction projects that havereceived preliminary approval, projects that have received final approval, andthe priority points awarded to each project;(8) collecting, maintaining, and making publicly available quarterlyprogress reports of all ongoing school construction projects that shall include,at a minimum, the costs of the project and the time schedule of the project;(9) recommending policies and procedures designed to reduceborrowing for school construction programs at both State and local levels;(10) conducting a needs survey at least every five years to ascertain thecapital construction, reconstruction, maintenance, and other capital needs forall public schools and maintaining such data in a publicly accessible format;(11) developing a formal enrollment projection model or usingprojection models already available;(12) encouraging school districts and supervisory unions to investigateopportunities for the maximum utilization of space in and around the district orsupervisory union;(13) collecting and maintaining a clearinghouse of prototypical schoolplans, as appropriate, that may be consulted by eligible applicants;(14) retaining the services of consultants, as necessary, to effectuate theroles and responsibilities listed within this section; and(15) notwithstanding 2 V.S.A. § 20(d), annually on or before December15, submitting a written report to the General Assembly regarding the statusVT LEG #384389 v.1No. 73 Page 39 of 1472025and implementation of the State Aid for School Construction Program,including the data required to be collected pursuant to this section.Sec. 14. 16 V.S.A. § 3443 is added to read:§ 3443. STATE AID FOR SCHOOL CONSTRUCTION ADVISORYBOARD(a) Creation. There is hereby created the State Aid for School ConstructionAdvisory Board, which shall advise the Agency on the implementation of theState Aid for School Construction Program in accordance with the provisionsof this chapter, including the adoption of rules, setting of statewide priorities,criteria for project approval, and recommendations for project approval andprioritization.(b) Membership.(1) Composition. The Board shall be composed of the following eightmembers:(A) four members who shall serve as ex officio members:(i) the State Treasurer or designee;(ii) the Commissioner of Buildings and General Services ordesignee;(iii) the Executive Director of the Vermont Bond Bank ordesignee; and(iv) the Chair of the State Board of Education or designee; andVT LEG #384389 v.1No. 73 Page 40 of 1472025(B) four members, none of whom shall be a current member of theGeneral Assembly, who shall serve four-year terms as follows:(i) two members, appointed by the Speaker of the House, each ofwhom shall have expertise in education or construction, real estate, or financeand one of whom shall represent a supervisory union; and(ii) two members, appointed by the Committee on Committees,each of whom shall have expertise in education or construction, real estate, orfinance and one of whom shall be an educator.(2) Members with four-year terms.(A) A member with a term limit shall serve a term of four years anduntil a successor is appointed. A term shall begin on January 1 of the year ofappointment and run through December 31 of the last year of the term. Termsof these members shall be staggered so that not all terms expire at the sametime.(B) A vacancy created before the expiration of a term shall be filledin the same manner as the original appointment for the unexpired portion of theterm.(C) A member with a term limit shall not serve more than twoconsecutive terms. A member appointed to fill a vacancy created before theexpiration of a term shall not be deemed to have served a term for the purposeof this subdivision (C).VT LEG #384389 v.1No. 73 Page 41 of 1472025(c) Duties. The Board shall advise the Agency on the implementation ofthe State Aid for School Construction Program in accordance with theprovisions of this chapter, including:(1) rules pertaining to school construction and capital outlay;(2) project priorities;(3) proposed legislation the Board deems desirable or necessary relatedto the State Aid for School Construction Program, the provisions of thischapter, and any related laws;(4) policies and procedures designed to reduce borrowing for schoolconstruction programs at both State and local levels;(5) development of a formal enrollment projection model or theconsideration of using projection models already available;(6) processes and procedures necessary to apply for, receive, administer,and comply with the conditions and requirements of any grant, gift,appropriation of property, services, or monies;(7) the collection and maintenance of a clearinghouse of prototypicalschool plans that may be consulted by eligible applicants and recommendedincentives to utilize such prototypes;(8) the determination of eligible cost components of projects for fundingor reimbursement, including partial or full eligibility for project componentsfor which the benefit is shared between the school and other municipal andcommunity entities;VT LEG #384389 v.1No. 73 Page 42 of 1472025(9) development of a long-term vision for a statewide capital plan inaccordance with needs and projected funding;(10) collection and maintenance of data on all public school facilities inthe State, including information on size, usage, enrollment, available facilityspace, and maintenance;(11) advising districts on the use of a needs survey to ascertain thecapital construction, reconstruction, maintenance, and other capital needs forschools across the State; and(12) encouraging school districts and supervisory unions to investigateopportunities for the maximum utilization of space in and around the district orsupervisory union.(d) Meetings.(1) The Chair of the State Board of Education shall call the first meetingof the Board to occur on or before September 1, 2025.(2) The Board shall select a chair from among its members at the firstmeeting.(3) A majority of the membership shall constitute a quorum.(4) The Board shall meet not more than six times per year.(e) Assistance. The Board shall have the administrative, technical, andlegal assistance of the Agency of Education.VT LEG #384389 v.1No. 73 Page 43 of 1472025(f) Compensation and reimbursement. Members of the Board shall beentitled to per diem compensation and reimbursement of expenses as permittedunder 32 V.S.A. § 1010 for not more than six meetings per year.(g) Report. On or before December 15, 2025, the Board shall submit awritten report to the House Committees on Education and on Ways and Meansand the Senate Committees on Education and on Finance on recommendationsfor addressing the transfer of any debt obligations from current school districtsto future school districts as contemplated by Vermont’s educationtransformation.Sec. 15. PROSPECTIVE REPEAL OF STATE AID FOR SCHOOLCONSTRUCTION ADVISORY BOARD16 V.S.A. § 3443 (State Aid for School Construction Advisory Board) isrepealed on July 1, 2035.Sec. 16. 16 V.S.A. § 3444 is added to read:§ 3444. SCHOOL CONSTRUCTION AID SPECIAL FUND(a) Creation. There is created the School Construction Aid Special Fund,to be administered by the Agency of Education. Monies in the Fund shall beused for the purposes of:(1) awarding aid to school construction projects under section 3445 ofthis title;(2) awarding grants through the Facilities Master Plan Grant Programestablished in section 3441 of this title;VT LEG #384389 v.1No. 73 Page 44 of 1472025(3) funding administrative costs of the State Aid for SchoolConstruction Program; and(4) awarding emergency aid under section 3445 of this title.(b) Funds. The Fund shall consist of:(1) any amounts transferred or appropriated to it by the GeneralAssembly; and(2) any interest earned by the Fund.Sec. 17. 16 V.S.A. § 3445 is added to read:§ 3445. APPROVAL AND FUNDING OF SCHOOL CONSTRUCTIONPROJECTS(a) Construction aid.(1) Preliminary application for construction aid. A school districteligible for assistance under section 3447 of this title that intends to constructor purchase a new school, or make extensive additions or alterations to itsexisting school, and desires to avail itself of State school construction aid shallsubmit a written preliminary application to the Secretary. A preliminaryapplication shall include information required by the Agency by rule and shallspecify the need for and purpose of the project.(2) Approval of preliminary application.(A) When reviewing a preliminary application for approval, theSecretary shall consider:VT LEG #384389 v.1No. 73 Page 45 of 1472025(i) regional educational opportunities and needs, including schoolbuilding capacities across school district boundaries, and availableinfrastructure in neighboring communities;(ii) economic efficiencies;(iii) the suitability of an existing school building to continue tomeet educational needs; and(iv) statewide educational initiatives.(B) The Secretary may approve a preliminary application if:(i)(I) the project or part of the project fulfills a need occasionedby:(aa) conditions that threaten the health or safety of studentsor employees;(bb) facilities that are inadequate to provide programsrequired by State or federal law or regulation;(cc) excessive energy use resulting from the design of abuilding or reliance on fossil fuels or electric space heat; or(dd) deterioration of an existing building; or(II) the project results in consolidation of two or more schoolbuildings and will serve the educational needs of students in a more cost-effective and educationally appropriate manner as compared to individualprojects constructed separately;VT LEG #384389 v.1No. 73 Page 46 of 1472025(ii) the need addressed by the project cannot reasonably be met byanother means;(iii) the proposed type, kind, quality, size, and estimated cost ofthe project are suitable for the proposed curriculum and meet all legalstandards;(iv) the applicant achieves the level of “proficiency” in the schooldistrict quality standards regarding facilities management adopted by rule bythe Agency; and(v) the applicant has completed a facilities master planningprocess that:(I) engages robust community involvement;(II) considers regional solutions;(III) evaluates environmental contaminants; and(IV) produces a facilities master plan that unites the applicant’svision statement, educational needs, enrollment projections, renovation needs,and construction projects.(3) Priorities. Following approval of a preliminary application andprovided that the district has voted funds or authorized a bond for the totalestimated cost of a project, the Agency, with the advice of the State Aid forSchool Construction Advisory Board, shall assign points to the project asprescribed by rule of the Agency so that the project can be placed on a prioritylist based on the number of points received.VT LEG #384389 v.1No. 73 Page 47 of 1472025(4) Request for legislative appropriation. The Agency shall submit itsannual school construction funding request to the Governor as part of itsbudget pursuant to subdivision 212(21) of this title. Following submission ofthe Governor’s recommended budget to the General Assembly pursuant to32 V.S.A. § 306, the House Committee on Education and the SenateCommittee on Education shall recommend a total school constructionappropriation for the next fiscal year to the General Assembly.(5) Final approval for construction aid.(A) Unless approved by the Secretary for good cause in advance ofcommencement of construction, a school district shall not begin constructionbefore the Secretary approves a final application. A school district may submita written final application to the Secretary at any time following approval of apreliminary application.(B) The Secretary may approve a final application for a projectprovided that:(i) the project has received preliminary approval;(ii) the district has voted funds or authorized a bond for the totalestimated cost of the project;(iii) the district has made arrangements for project constructionsupervision by persons competent in the building trades;(iv) the district has provided for construction financing of theproject during a period prescribed by the Agency;VT LEG #384389 v.1No. 73 Page 48 of 1472025(v) the project has otherwise met the requirements of this chapter;(vi) if the proposed project includes a playground, the projectincludes a requirement that the design and construction of playgroundequipment follow the guidelines set forth in the U.S. Consumer Product SafetyCommission Handbook for Public Playground Safety; and(vii) if the total estimated cost of the proposed project is less than$50,000.00, no performance bond or irrevocable letter of credit shall berequired.(C) The Secretary may provide that a grant for a high school projectis conditioned upon the agreement of the recipient to provide high schoolinstruction for any high school pupil living in an area prescribed by the Agencywho may elect to attend the school.(D) A district may begin construction upon receipt of final approval.However, a district shall not be reimbursed for debt incurred due to borrowingof funds in anticipation of aid under this section.(6) Award of construction aid.(A) The base amount of an award shall be 20 percent of the eligibledebt service cost of a project. Projects are eligible for additional bonusincentives as specified in rule for up to an additional 20 percent of the eligibledebt service cost. Amounts shall be awarded annually and are subject to anannual appropriation for the purposes of the program.VT LEG #384389 v.1No. 73 Page 49 of 1472025(B) As used in subdivision (A) of this subdivision (6), “eligible debtservice cost” of a project means the product of the lifetime cost of the bondauthorized for the project and the ratio of the approved cost of a project to thetotal cost of the project.(b) Emergency aid. Notwithstanding any other provision of this section,the Secretary may grant aid for a project the Secretary deems to be anemergency in the amount of 30 percent of eligible project costs, up to amaximum eligible total project cost of $300,000.00.Sec. 18. 16 V.S.A. § 3446 is added to read:§ 3446. APPEALAny municipal corporation as defined in section 3447 of this title aggrievedby an order, allocation, or award of the Agency of Education may, within30 days, appeal to the Superior Court in the county in which the project islocated.Sec. 19. TRANSFER OF RULEMAKING AUTHORITY; TRANSFER OFRULES(a) The statutory authority to adopt rules by the State Board of Educationpertaining to school construction and capital outlay adopted under 16 V.S.A.§ 3448(e) and 3 V.S.A. chapter 25 is transferred from the State Board ofEducation to the Agency of Education.(b) All rules pertaining to school construction and capital outlay adopted bythe State Board of Education under 3 V.S.A. chapter 25 prior to July 1, 2026VT LEG #384389 v.1No. 73 Page 50 of 1472025shall be deemed the rules of the Agency of Education and remain in effect untilamended or repealed by the Agency of Education pursuant to 3 V.S.A. chapter25.(c) The Agency of Education shall provide notice of the transfer to theSecretary of State and the Legislative Committee on Administrative Rules inaccordance with 3 V.S.A. § 848(d)(2).Sec. 20. REPEALS(a) 16 V.S.A. § 3448 (approval of funding of school construction projects;renewable energy) is repealed on July 1, 2026.(b) 16 V.S.A. § 3448a (appeal) is repealed on July 1, 2026.* * * Schools Eligible to Receive Public Tuition * * *Sec. 21. 16 V.S.A. § 828 is amended to read:§ 828. TUITION TO APPROVED SCHOOLS; AGE; APPEAL(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 forsome or all grades as of July 1, 2024; orVT LEG #384389 v.1No. 73 Page 51 of 1472025(ii) a supervisory union with one or more member school districtsthat 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 ofstudents attending on a district-funded tuition basis pursuant to chapter 21 ofthis title during the 2023–2024 school year; and(E) complies with the minimum class size requirements contained insubdivision 165(a)(9) of this title and State Board rule; provided, however, thatif a school is unable to comply with the class size minimum standards due togeographic isolation or a school has developed an implementation plan to meetthe class size minimum requirements, the school may ask the State Board togrant 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, or;(6) an independent school in another state or country approved under thelaws of that state or country, that complies with the reporting requirementunder subsection 4010(c) of this title, a public school located in another state;or(7) a therapeutic approved independent school located in Vermont oranother state or country that is approved under the laws of that state or country.(b) nor shall payment Payment of tuition on behalf of a person shall not bedenied on account of age.VT LEG #384389 v.1No. 73 Page 52 of 1472025(c) Unless otherwise provided, a person who is aggrieved by a decision of aschool board relating to eligibility for tuition payments, the amount of tuitionpayable, or the school the person may attend, may appeal to the State Boardand its decision shall be final.(d) As used in this section, “therapeutic approved independent school”means an approved independent school that limits enrollment for publiclyfunded students residing in Vermont to students who are on an individualizededucation program or plan under Section 504 of the Rehabilitation Act of1973, 29 U.S.C. § 794, or who are enrolled pursuant to a written agreementbetween a local education agency and the school or pursuant to a court order.Sec. 22. TUITION TRANSITIONA school district that pays tuition pursuant to the provisions of 16 V.S.A.chapter 21 in effect on June 30, 2025 shall continue to pay tuition on behalf ofa resident student enrolled for the 2024–2025 school year in or who has beenaccepted for enrollment for the 2025–2026 school year by an approvedindependent school subject to the provisions of 16 V.S.A. § 828 in effect onJune 30, 2025, until such time as the student graduates from that school.* * * State-Level Governance * * *Sec. 23. STATE-LEVEL GOVERNANCE; INTENTIt is the intent of the General Assembly to consolidate structures andsystems that are foundational to the administration of education and to ensurethat the State Board of Education is the independent, transparent, and publicVT LEG #384389 v.1No. 73 Page 53 of 1472025facing body for public education and to ensure the Board maintains its abilityto provide an important outlet for the public to engage in the rulemakingprocess and regularly provide public comment regarding the state ofVermont’s education system.Sec. 24. 16 V.S.A. § 161 is amended to read:§ 161. STATE BOARD OF EDUCATION; APPOINTMENT OFMEMBERS; TERM; VACANCYThe State Board shall consist of ten 10 members. Two of the members shallbe secondary students, one of whom shall be a full member and the other ofwhom shall be a junior member who may not vote. All Eight members,including the two student members, shall be appointed by the Governor withthe advice and consent of the Senate. One member shall be appointed by theSpeaker of the House and one member shall be appointed by the SenateCommittee on Committees. In the appointment of the nonstudent members,priority shall be given to the selection of persons with a demonstratedcommitment to ensuring quality education for Vermont students. To the extentpossible, the members shall represent the State’s geographic, gender, racial,and ethnic diversity. The Secretary shall serve on the State Board as anonvoting member.(1) Upon the expiration of the respective terms of those members of theBoard previously appointed, excluding the student members, the Governorappointing authority that made the initial appointment to the expired termVT LEG #384389 v.1No. 73 Page 54 of 1472025shall, biennially in the month of February with the advice and consent of theSenate, as applicable, appoint members for terms of six years. The terms shallbegin March 1 of the year in which the appointments are made. A memberserving a term of six years shall not be eligible for reappointment forsuccessive terms.(2) In the event of any vacancy occurring in the membership of theBoard, the Governor appointing authority that made the initial appointment tothe vacated term shall fill the vacancy with a qualified person whoseappointment shall be for the unexpired portion of the term.(3) Biennially, the Board shall choose a member of the Board to be itschair.(4) Annually, using an application process that is open and accessible toall eligible students, the Governor shall appoint a Vermont secondary schoolstudent who will continue to be a secondary student for at least two yearsfollowing taking office, to serve on the State Board for two years, beginning onJuly 1 of the year of appointment. The student member shall not vote duringthe first year and shall be a full and voting member during the second year ofhis or her the student’s term.Sec. 25. TRANSITION PERIOD APPOINTMENTS; STATE BOARD OFEDUCATION(a) Members currently serving on the State Board of Education maycontinue to serve for the duration of the term to which they were appointed.VT LEG #384389 v.1No. 73 Page 55 of 1472025(b) Beginning on July 1, 2025, as terms of currently serving membersexpire, appointments of successors shall be made in accordance with theconsiderations and appointment authority contained in 16 V.S.A. § 161.(1) The Speaker of the House shall make the first appointment to avacant or expired seat that occurs after July 1, 2025 and shall make anysubsequent appointments to fill the vacated or expired term for that same seatafter the initial transition period appointment.(2) The Senate Committee on Committees shall make the secondappointment to a vacant or expired seat that occurs after July 1, 2025 and shallmake any subsequent appointments to fill the vacated or expired term for thatsame seat after the initial transition period appointment.(3) The Governor shall make the third appointment, with the advice andconsent of the Senate, to a vacant or expired seat that occurs after July 1, 2025and shall make any subsequent appointments to fill the vacated or expired termfor that same seat after the initial transition period appointment.(c) Once the first three appointments after July 1, 2025 are made inaccordance with subsection (b) of this section, the Governor shall make allsubsequent appointments for the remaining five nonstudent seats, with theadvice and consent of the Senate, in accordance with 16 V.S.A. § 161.Sec. 26. 16 V.S.A. § 162 is amended to read:§ 162. REMOVAL OF BOARD MEMBERSVT LEG #384389 v.1No. 73 Page 56 of 1472025After notice and hearing, the Governor may remove a member of the StateBoard for incompetency, failure to discharge his or her the member’s duties,malfeasance, illegal acts, or other cause inimical to the welfare of the publicschools; and in case of such removal, he or she the appointing authority thatmade the initial appointment shall appoint a person to fill the unexpired term.* * * Calculation of Tuition * * *Sec. 27. 16 V.S.A. § 823 is amended to read:§ 823. ELEMENTARY TUITION(a) Tuition for elementary students shall be paid by the district in which thestudent is a resident. The district shall pay the full tuition charged its studentsattending a public elementary school to a receiving school for each residentstudent attending the receiving school an amount equal to the base amountcontained in subdivision 4001(16) of this title multiplied by the sum of one andany weights applicable to the resident student under section 4010 of this title.If a payment made to a public elementary school is three percent more or lessthan the calculated net cost per elementary pupil in the receiving school districtfor the year of attendance, the district shall be reimbursed, credited, orrefunded pursuant to section 836 of this title. Notwithstanding the provisionsof this subsection or of subsection 825(b) of this title, the boards of both thereceiving and sending districts may enter into tuition agreements with termsdiffering from the provisions of those subsections, provided that the receivingdistrict must offer identical terms to all sending districts, and further providedVT LEG #384389 v.1No. 73 Page 57 of 1472025that the statutory provisions apply to any sending district that declines theoffered terms.(b) Unless the electorate of a school district authorizes payment of a higheramount at an annual or special meeting warned for the purpose, the tuition paidto an approved independent elementary school or an independent schoolmeeting education quality standards shall not exceed the least of:(1) the average announced tuition of Vermont union elementary schoolsfor the year of attendance;(2) the tuition charged by the approved independent school for the yearof attendance; or(3) the average per-pupil tuition the district pays for its other residentelementary students in the year in which the student is enrolled in the approvedindependent school. (1) In addition to the tuition amount calculated insubsection (a) of this section, a receiving school may charge, and a sendingschool shall be required to pay, an additional fee in the amount of the productof the base amount and up to 0.05 for each student attending the receivingschool in grades nine through 12 only if the following conditions are met:(A) the receiving school has received approval from the State Boardof Education to charge the additional fee under this subsection (b), whichapproval shall be granted in accordance with rules adopted by the State Board;andVT LEG #384389 v.1No. 73 Page 58 of 1472025(B) the electorate of each school district with at least one studentattending the receiving school has approved supplemental district spending, asdefined in 32 V.S.A. § 5401, for the purpose of this subsection and in anamount sufficient to cover the additional fee authorized under this subsection(b).(2) For the purposes of this subsection, a receiving school shall notinclude an approved independent school in Vermont functioning as anapproved area career and technical center.(c) A receiving school that elects and is eligible to charge an additional feepursuant to subsection (b) of this section shall charge the same additional feefor each student attending on a publicly funded tuition basis pursuant tochapter 21 of this title. A receiving school is prohibited from chargingdifferent fees pursuant to this section to different school districts.(d) Notwithstanding subsections (a), (b), and (c) of this section, or anyother provision of law to the contrary, the district shall pay the full tuitioncharged its students attending an approved independent school in Vermontfunctioning as an approved area career and technical center.Sec. 28. REPEALS16 V.S.A. §§ 824 (high school tuition), 825 (maximum tuition rate;calculated net cost per pupil defined), 826 (notice of tuition rates; specialeducation charges), and 836 (tuition overcharge or undercharge) are repealedon July 1, 2029.VT LEG #384389 v.1No. 73 Page 59 of 1472025Sec. 28a. STATE BOARD OF EDUCATION; TUITION FEE RULESOn or before July 1, 2027, the State Board of Education shall adopt rulespursuant to 3 V.S.A. chapter 25 to govern the approval process for a receivingschool to charge an additional fee pursuant to 16 V.S.A. § 823. The Board’srules shall require a receiving school to demonstrate that an additional fee isnecessary to educate the specific students the fee is being applied to and thatthe fee will be used to educate such students and not used to shift costselsewhere within the applicable school’s budget.* * * Special Education Delivery * * *Sec. 29. STATE OF SPECIAL EDUCATION DELIVERY; AGENCY OFEDUCATION; REPORT(a) On or before September 1, 2025, the Agency of Education shall submita written report to the House and Senate Committees on Education, the HouseCommittee on Ways and Means, and the Senate Committee on Financeaddressing the factors contributing to growth in extraordinary special educationreimbursement costs. The report shall include detailed information regardingthe current state of special education delivery in Vermont, including an updateon the implementation of special education changes enacted pursuant to 2018Acts and Resolves No. 173 (Act 173). The report shall include a description ofthe current state of support for students with disabilities in Vermont andrecommended changes to structure, practice, and law with the goal of:VT LEG #384389 v.1No. 73 Page 60 of 1472025(1) improving the delivery of special education services and managingthe rising extraordinary special education costs as Vermont’s special educationfinance system transitions from a census block grant to a weight for specialeducation costs;(2) ensuring better, more inclusive services in the least restrictiveenvironment in a way that makes efficient and effective use of limitedresources while resulting in the best outcomes;(3) responding to the challenges of fully implementing Act 173 and thelessons learned from implementation efforts to date;(4) ensuring that the delivery of special education is responsive tostudent needs; and(5) addressing drivers of growth of extraordinary expenditures in specialeducation.(b) The report shall include:(1) An analysis of the costs of and services provided for students withextraordinary needs in specialized settings, separated by school-district-operated specialized programs, independent nonprofit programs, andindependent for-profit programs. The report shall include a geographic mapwith the location of all specialized programs within the State of Vermont, aswell as the following information for each individual specialized program:(A) disability categories served;(B) grade levels served;VT LEG #384389 v.1No. 73 Page 61 of 1472025(C) the number of students with IEPs and the average duration oftime each student spent in the program over the last 10 years;(D) average cost per pupil, inclusive of extraordinary spending andany costs in excess of general tuition rates;(E) years of experience, training, and tenure of licensed specialeducation staff;(F) a review of the findings of all investigations conducted by theAgency of Education; and(G) a review of the Agency’s public assurance capabilities, withrespect to special education programs in all settings, and an analysis of theeffectiveness of current oversight or rule, and recommended changes if needed.(2) An evaluation of the state of implementation of Act 173, includingexamples of where implementation has been successful, where it has not, andwhy.(3) Identification of drivers of accelerating costs within the specialeducation system.(4) Identification of barriers to the success of students with disabilities.(5) A description of how specialized programs for students withextraordinary needs operated by school districts, independent nonprofitschools, and independent for-profit schools are funded, with an analysis of thebenefits and risks of each funding model.VT LEG #384389 v.1No. 73 Page 62 of 1472025(6) An assessment of whether Vermont’s current special education lawsensure equitable access for all students with disabilities to education alongsidetheir peers in a way that is consistent with the Vermont education qualitystandards for public schools and the right to a free appropriate public education(FAPE) under the Individuals with Disabilities Education Act, 20 U.S.C.§§ 1400–1482.(7) A review of the capacity of the Agency to support and guide schooldistricts on the effective support of students with disabilities, as well ascompliance with federal law, which shall include:(A) a review of final reports of investigations conducted by theAgency in school-district-operated specialized programs, independentnonprofit programs, and independent for-profit programs in the previous10 years and an evaluation of what practices could reduce adverse findings inthese settings;(B) an assessment of the ability of the State to ensure State resourcesare used in the most efficient and effective way possible to support the successof students with disabilities and their access to a free and appropriate publiceducation;(C) a review of any pending and recent federal findings against theState or school districts, as well as progress on corrective actions;(D) a review of the Agency’s staffing and capacity to review andconduct monitoring and visits to schools, especially independent settings;VT LEG #384389 v.1No. 73 Page 63 of 1472025(E) a description of the process and status of reviews and approvalsof approved independent schools that provide special education and therapeuticschools; and(F) recommendations for whether the Agency has capacity to ensuretimely review of approved independent schools and provide sufficientoversight for specialized programs in nonprofit independent schools and for-profit independent schools.(8) Recommendations for needed capacity at the Agency to providetechnical assistance and support to school districts in the provision of specialeducation services.(9) An analysis of whether more strategic support for better primary firstinstruction and more successful implementation of Act 173 needs to be inplace for a weighted funding model for special education to succeed, includinga suggested transition timeline, with indicators, to be incorporated into theAgency’s strategic plan.(10) If warranted, a review of options for changes to practice, structure,and law that ensure students with disabilities are provided access to qualityeducation, in the least restrictive environment, in a cost-effective way that isconsistent with State and federal law, which may include a review of thepossible role of BOCES and the impact of larger districts on effective, high-quality support for students with disabilities.VT LEG #384389 v.1No. 73 Page 64 of 1472025(11) Recommendations for reducing the growth in extraordinary specialeducation reimbursement costs, which shall include recommended legislativelanguage to accomplish any such recommendations.Sec. 30. SPECIAL EDUCATION STRATEGIC PLAN; AGENCY OFEDUCATION(a) Strategic plan. In consultation with the State Advisory Panel on SpecialEducation established under 16 V.S.A. § 2945, the Agency of Education shalldevelop a three-year strategic plan for the delivery of special educationservices in Vermont. The strategic plan shall include unambiguous measurableoutcomes and a timeline for implementation. The strategic plan shall beinformed by the analysis and findings of the report required of the Agencyunder Sec. 29 of this act and be designed to ensure successful implementationof 2018 Acts and Resolves No. 173 (Act 173) and provide the supports andprocesses that need to be in place for the transition to a weighted fundingmodel for special education to succeed, including a suggested transitiontimeline, with benchmarks for success. The strategic plan shall also includecontingency recommendations for special education funding in the eventfederal special education funding under the Individuals with DisabilitiesEducation Act, 20 U.S.C. §§ 1400–1482, is no longer available or transitionsto a system that requires more planning and management on the part of theState to ensure funds are distributed equitably.(b) Reports.VT LEG #384389 v.1No. 73 Page 65 of 1472025(1) On or before December 1, 2025, the Agency shall submit the three-year strategic plan created pursuant to subsection (a) of this section to theHouse and Senate Committees on Education, the House Committee on Waysand Means, and the Senate Committee on Finance.(2) On or before December 1 of 2026, 2027, 2028, and 2029, theAgency shall submit a written report to the House and Senate Committees onEducation, the House Committee on Ways and Means, and the SenateCommittee on Finance with a detailed update on the Agency’s implementationof its strategic plan and any recommendations for legislative changes needed toensure a successful transition to a weighted funding model and continuedsuccessful implementation of Act 173.Sec. 31. POSITION; AGENCY OF EDUCATION(a) Establishment of one new permanent, classified position is authorizedin the Agency of Education in fiscal year 2026 to support development andimplementation of the three-year strategic plan required under Sec. 30 of thisact.(b) The sum of $150,000.00 is appropriated from the General Fund to theAgency of Education’s base budget in fiscal year 2026 for the purposes offunding the position created in subsection (a) of this section. The Agency shallinclude funding for this permanent position in their annual base budget requestin subsequent years.VT LEG #384389 v.1No. 73 Page 66 of 1472025* * * Agency of Education Transformation Support * * *Sec. 32. AGENCY OF EDUCATION; TRANSFORMATIONAPPROPRIATIONThe sum of $2,865,000.00 is appropriated from the General Fund to theAgency of Education in fiscal year 2026 to support education transformationwork as follows:(1) $200,000.00 to support school boards transitioning to newgovernance models as contemplated in this act;(2) $562,500.00 for positions established in Sec. 33 of this act; and(3) $2,102,500.00 for contracted services to support school districts withadministrative activities relating to consolidation, including accounting, budgetand operational practice, and to support education quality activities includingthe alignment of curricula, instructional materials, and teaching activities.Sec. 33. EDUCATION TRANSFORMATION; POOL POSITIONSThe General Fund appropriation in Sec. 32 of this act shall fund five limitedservice classified positions taken from the position pool. The pool positionsshall be used to establish the following limited service classified positions atthe Agency of Education in fiscal year 2026 to support educationtransformation work:(1) one Business Operations Support Specialist;(2) one Data Integration Support Specialist;VT LEG #384389 v.1No. 73 Page 67 of 1472025(3) one Curriculum and Education Quality Standards IntegrationSpecialist;(4) one Learning and Teaching Integration Specialist; and(5) one School Facilities Field Support Specialist.* * * State Funding of Public Education * * *Sec. 34. 16 V.S.A. § 4001 is amended to read:§ 4001. DEFINITIONSAs used in this chapter:(1) “Average daily membership” of a school district or, if needed inorder to calculate the appropriate homestead tax rate, of the municipality asdefined in 32 V.S.A. § 5401(9), in any year means:***(6) “Education spending” means the amount of the school districtbudget, any assessment for a joint contract school, career technical centerpayments 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 ispaid for by the school district, but excluding any portion of the school budgetpaid for from any other sources such as endowments, parental fundraising,federal funds, nongovernmental grants, or other State funds such as specialeducation funds paid under chapter 101 of this title.(A) [Repealed.]VT LEG #384389 v.1No. 73 Page 68 of 1472025(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 to32 V.S.A. § 5401(12). [Repealed.]***(13) “Base education Categorical base amount” means a number used tocalculate categorical grants awarded under this title that is equal to $6,800.00per equalized pupil, adjusted as required under section 4011 of this title.(14) “Per pupil education spending” of a school district in any schoolyear means the per pupil education spending of that school district asdetermined under subsection 4010(f) of this title. [Repealed.]***(16) “Base amount” means a per pupil cost-factor amount of$15,033.00, which shall be adjusted for inflation annually on or beforeNovember 15 by the Secretary of Education. As used in this subdivision,“adjusted for inflation” means adjusting the base dollar amount by the NationalIncome and Product Accounts (NIPA) implicit price deflator for state and localgovernment consumption expenditures and gross investment published by theU.S. Department of Commerce, Bureau of Economic Analysis, from fiscalyear 2025 through the fiscal year for which the amount is being determined,and rounding upward to the nearest whole dollar amount.VT LEG #384389 v.1No. 73 Page 69 of 1472025(17) “Educational opportunity payment” means the base amountmultiplied by the school district’s weighted long-term membership asdetermined under section 4010 of this title.Sec. 35. 16 V.S.A. § 4010 is amended to read:§ 4010. DETERMINATION OF WEIGHTED LONG-TERM MEMBERSHIPAND PER PUPIL EDUCATION SPENDING EDUCATIONALOPPORTUNITY PAYMENT(a) Definitions. As used in this section:(1) “EL pupils” means pupils described under section 4013 of this title.(2) “FPL” means the Federal Poverty Level.(3) “Weighting categories” means the categories listed under subsection(b) of this section.(4) “Child with a disability” means any child in Vermont eligible underState rules to receive special education who is enrolled in any of kindergartenthrough grade 12.(5) “Disability” means any of:(A) a specific learning disability or a speech or language impairment,each of which is identified as “Category A”;(B) an emotional disturbance, intellectual disability, developmentaldelay, or other health impairment, each of which is identified as “Category B”;orVT LEG #384389 v.1No. 73 Page 70 of 1472025(C) autism spectrum disorder, deaf-blindness, hearing impairment,orthopedic impairment, traumatic brain injury, or visual impairment, each ofwhich is identified as “Category C.”(6) “English language proficiency level” means each of the Englishlanguage proficiency levels published as a standardized measure of academiclanguage proficiency in WIDA ACCESS for ELLs 2.0 and available tomembers of the WIDA consortium of state departments of education.(7) “Newcomer or SLIFE” means a pupil identified as a New Americanor as a student with limited or interrupted formal education.(b) Determination of average daily membership and weighting categories.On or before the first day of December during each school year, the Secretaryshall determine the average daily membership, as defined in subdivision4001(1) of this title, of each school district for the current school year and shallperform the following tasks.,(1) Using using average daily membership, list for each school districtthe number of:(A)(1) pupils in prekindergarten;(B)(2) pupils in kindergarten through grade five;(C)(3) pupils in grades six through eight;(D)(4) pupils in grades nine through 12;(E)(5) pupils whose families are at or below 185 percent of FPL,using the highest number of pupils in the district:VT LEG #384389 v.1No. 73 Page 71 of 1472025(i)(A) that meet this definition under the universal incomedeclaration form; or(ii)(B) who are directly certified for free and reduced-pricedmeals; and(F)(6) EL pupils who have been most recently assessed at an Englishlanguage proficiency level of:(A) Level 1;(B) Level 2 or 3;(C) Level 4; or(D) Level 5 or 6;(7) EL pupils who are identified as Newcomer or SLIFE; and(8) children with a disability whose disability is identified as:(A) Category A;(B) Category B; or(C) Category C, provided that a child with multiple disabilities shallbe counted solely under this subdivision (C).(2)(A) Identify all school districts that have low population density,measured by the number of persons per square mile residing within the landarea of the geographic boundaries of the district as of July 1 of the year ofdetermination, equaling:(i) fewer than 36 persons per square mile;VT LEG #384389 v.1No. 73 Page 72 of 1472025(ii) 36 or more persons per square mile but fewer than 55 personsper square mile; or(iii) 55 or more persons per square mile but fewer than 100persons per square mile.(B) Population density data shall be based on the best available U.S.Census data as provided to the Agency of Education by the Vermont Center forGeographic Information.(C) Using average daily membership, list for each school district thathas low population density the number of pupils in each of subdivisions(A)(i)–(iii) of this subdivision (2).(3)(A) Identify all school districts that have one or more small schools,which are schools that have an average two-year enrollment of:(i) fewer than 100 pupils; or(ii) 100 or more pupils but fewer than 250 pupils.(B) As used in subdivision (A) of this subdivision (3), “average two-year enrollment” means the average enrollment of the two most recentlycompleted school years, and “enrollment” means the number of pupils who areenrolled in a school operated by the district on October 1. A pupil shall becounted as one whether the pupil is enrolled as a full-time or part-time student.(C) Using average two-year enrollment, list for each school districtthat has a small school the number of pupils in each of subdivisions (A)(i)–(ii)of this subdivision (3).VT LEG #384389 v.1No. 73 Page 73 of 1472025(c) Reporting on weighting categories to the Agency of Education. Eachschool district shall annually report to the Agency of Education by a dateestablished by the Agency the information needed in order for the Agency tocompute the weighting categories under subsection (b) of this section for thatdistrict. In order to fulfill this obligation, a school district that pays publictuition on behalf of a resident student (sending district) to a public school inanother school district, an approved independent school, or an out-of-stateschool (each a receiving school) may request the receiving school to collectthis information on the sending district’s resident student, and if requested, thereceiving school shall provide this information to the sending district in atimely manner.(d) Determination of weighted long-term membership. For each weightingcategory except the small schools weighting category under subdivision (b)(3)of this section, the Secretary shall compute the weighting count by using thelong-term membership, as defined in subdivision 4001(7) of this title, in thatcategory.(1) The Secretary shall first apply grade level weights Prekindergartenweight. Each pupil included in long-term membership shall count as one,multiplied by the following amounts:(A) who is enrolled in prekindergarten— shall receive an additionalweighting amount of negative 0.54;(B) grades six through eight—0.36; andVT LEG #384389 v.1No. 73 Page 74 of 1472025(C) grades nine through 12—0.39.(2) The Secretary shall next apply a Economic disadvantage weight forpupils whose family is at or below 185 percent of FPL. Each pupil included inlong-term membership whose family is at or below 185 percent of FPL shallreceive an additional weighting amount of 1.03 1.02.(3) The Secretary shall next apply a weight for EL pupils EL proficiencyweights. Each EL pupil included in long-term membership shall receive anadditional weighting amount, based on the EL pupil’s English languageproficiency level, of 2.49:(A) 2.11, if assessed as Level 1;(B) 1.41, if assessed as Level 2 or 3;(C) 1.20, if assessed as Level 4; or(D) 0.12, if assessed as Level 5 or 6.(4) The Secretary shall then apply a weight for pupils living in lowpopulation density school districts EL Newcomer/SLIFE weight. Each ELpupil included in long-term membership residing in a low population densityschool district, measured by the number of persons per square mile residingwithin the land area of the geographic boundaries of the district as of July 1 ofthe year of determination, who is a Newcomer or SLIFE shall receive anadditional weighting amount of: 0.42(A) 0.15, where the number of persons per square mile is fewer than36 persons;VT LEG #384389 v.1No. 73 Page 75 of 1472025(B) 0.12, where the number of persons per square mile is 36 or morebut fewer than 55 persons; or(C) 0.07, where the number of persons per square mile is 55 or morebut fewer than 100.(5) The Secretary shall lastly apply a weight for pupils who attend asmall school. If the number of persons per square mile residing within the landarea of the geographic boundaries of a school district as of July 1 of the year ofdetermination is 55 or fewer, then, for each pupil listed under subdivision(b)(3)(C) of this section (pupils who attend small schools) Special educationweights. Each child with a disability included in long-term membership shallreceive an additional weighting amount, based on the categorization of thechild’s disability, of:(A) where the school has fewer than 100 pupils in average two-yearenrollment, the school district shall receive an additional weighting amount of0.21 for each pupil included in the small school’s average two-year enrollment0.79, if the disability is identified as Category A; or(B) where the small school has 100 or more but fewer than 250pupils, the school district shall receive an additional weighting amount of 0.07for each pupil included in the small school’s average two-year enrollment 1.89,if the disability is identified as Category B; or(C) 2.49, if the disability is identified as Category C.VT LEG #384389 v.1No. 73 Page 76 of 1472025(6) A school district’s weighted long-term membership shall equal long-term membership plus the cumulation of the weights assigned by the Secretaryunder this subsection.(e) Hold harmless. A district’s weighted long-term membership shall in nocase be less than 96 and one-half percent of its actual weighted long-termmembership the previous year prior to making any adjustment under thissubsection.(f) Determination of per pupil education spending educational opportunitypayment. As soon as reasonably possible after a school district budget isapproved by voters, the Secretary shall determine the per pupil educationspending for the next fiscal year for the school district. Per pupil educationspending shall equal a school district’s education spending divided by itsweighted long-term membership The Secretary shall determine each schooldistrict’s educational opportunity payment by multiplying the school district’sweighted long-term membership determined under subsection (d) of thissection by the base amount.***(h) Updates to weights, base amount, and transportation reimbursement.On or before January 1, 2027 2026 and on or before January 1 of every fifthyear thereafter, the Agency of Education and the Joint Fiscal Office shallcalculate, based on their consensus view and with the advice and consultationof a professional judgment panel convened by the Agency, updates to theVT LEG #384389 v.1No. 73 Page 77 of 1472025weights and the base amount, including any inflationary measure, to accountfor cost changes underlying those weights and shall issue a written report ontheir work to the House and Senate Committees on Education, the HouseCommittee on Ways and Means, and the Senate Committee on Finance. TheGeneral Assembly shall update the weights under this section, the baseamount, and transportation reimbursement under section 4016 of this title notless than every five years and the implementation date for the updated weightsand transportation reimbursement shall be delayed by a year in order toprovide school districts with time to prepare their budgets. Updates to theweights may include recalibration, recalculation, adding or eliminatingweights, or any combination of these actions.Sec. 36. 16 V.S.A. § 4011 is amended to read:§ 4011. EDUCATION PAYMENTS(a) Annually, the General Assembly shall appropriate funds to pay forstatewide education spending each school district’s educational opportunitypayment and supplemental district spending, as defined in 32 V.S.A. § 5401,the small schools and sparsity support grants under section 4019 of thischapter, and a portion of a base education categorical base amount for eachadult education and secondary credential program student.(b) For each fiscal year, the categorical base education amount shall be$6,800.00, which shall be adjusted for inflation annually on or beforeNovember 15 by the Secretary of Education. As used in this subsection,VT LEG #384389 v.1No. 73 Page 78 of 1472025“adjusted for inflation” means adjusting the categorical base dollar amount bythe National Income and Product Accounts (NIPA) implicit price deflator forstate and local government consumption expenditures and gross investmentpublished by the U.S. Department of Commerce, Bureau of EconomicAnalysis, from fiscal year 2005 through the fiscal year for which the amount isbeing determined, and rounding upward to the nearest whole dollar amount.(c) Annually, each school district shall receive an education spendingpayment for support of education costs its educational opportunity paymentdetermined pursuant to subsection 4010(f) of this chapter and a dollar amountequal to its supplemental district spending, if applicable to that school district,as defined in 32 V.S.A. § 5401. An unorganized town or gore shall receive anamount equal to its per pupil education spending for that year for each student.No district shall receive more than its education spending amount.(d) [Repealed.](e) [Repealed.](f) Annually, the Secretary shall pay to a local adult education and literacyprovider, as defined in section 942 of this title, that provides an adult educationand secondary credential program an amount equal to 26 percent of thecategorical base education amount for each student who completes thediagnostic portions of the program, based on an average of the previous twoyears; 40 percent of the payment required under this subsection shall be fromState funds appropriated from the Education Fund and 60 percent of theVT LEG #384389 v.1No. 73 Page 79 of 1472025payment required under this subsection shall be from State funds appropriatedfrom the General Fund.***(i) Annually, on or before October 1, the Secretary shall send to schoolboards for inclusion in town reports and publish on the Agency website thefollowing information:(1) the statewide average district per pupil education spending for thecurrent fiscal year; and(2) a statewide comparison of student-teacher ratios among schools thatare similar in number of students and number of grades.Sec. 37. 16 V.S.A. § 4019 is added to read:§ 4019. SMALL SCHOOLS; SPARSE SCHOOLS; SUPPORT GRANTS(a) Definitions. As used in this section:(1) “Enrollment” means the number of students who are enrolled in aschool operated by the school district on October 1. A student shall be countedas one whether the student is enrolled as a full-time or part-time student.(2) “Small school” means a school that:(A) has fewer than 100 pupils in two-year average enrollment; and(B) has been determined by the State Board of Education, on anannual basis, to be “small by necessity” under standards consistent with thosesubmitted to the General Assembly pursuant to Sec. 8(b) of this act.VT LEG #384389 v.1No. 73 Page 80 of 1472025(3) “Sparse area” means a city, town, or incorporated village where thenumber of persons per square mile residing within the land area of thegeographic boundaries of the city, town, or incorporated village as of July 1 ofthe year of determination is fewer than 55 persons.(4) “Sparse school” means a school that:(A) is within a sparse area; and(B) has been determined by the State Board of Education, on anannual basis, to be “sparse by necessity” under standards consistent with thosesubmitted to the General Assembly pursuant to Sec. 8(b) of this act.(5) “Two-year average enrollment” means the average enrollment of thetwo most recently completed school years.(b) Small schools support grant. Annually, the Secretary shall pay a smallschools support grant to each school district for each small school within theschool district in an amount determined by multiplying the two-year averageenrollment in the small school by $3,157.00.(c) Sparse schools support grant. Annually, the Secretary shall pay a sparseschools support grant to each school district for each sparse school within theschool district in an amount determined by multiplying the two-year averageenrollment in the sparse school by $1,954.00.(d) Inflationary adjustment. Each dollar amount under subsections (b) and(c) of this section shall be adjusted for inflation annually on or beforeNovember 15 by the Secretary. As used in this subsection, “adjusted forVT LEG #384389 v.1No. 73 Page 81 of 1472025inflation” means adjusting the dollar amount by the National Income andProduct Accounts (NIPA) implicit price deflator for state and local governmentconsumption expenditures and gross investment published by the U.S.Department of Commerce, Bureau of Economic Analysis, from fiscal year2025 through the fiscal year for which the amount is being determined, androunding upward to the nearest whole dollar amount.Sec. 38. 16 V.S.A. § 4025 is amended to read:§ 4025. EDUCATION FUND(a) The Education Fund is established to comprise the following:(1) all revenue paid to the State from the statewide education tax onnonhomestead and homestead property under 32 V.S.A. chapter 135;(2) all revenue paid to the State from the supplemental district spendingtax imposed pursuant to 32 V.S.A. § 5402(f);***(b) Monies in the Education Fund shall be used for the following:***(3) To make payments required under 32 V.S.A. § 6066(a)(1) and onlythat portion attributable to education taxes, as determined by the Commissionerof Taxes, of payments required under 32 V.S.A. § 6066(a)(3). The StateTreasurer shall withdraw funds from the Education Fund upon warrants issuedby the Commissioner of Finance and Management based on informationsupplied by the Commissioner of Taxes. The Commissioner of Finance andVT LEG #384389 v.1No. 73 Page 82 of 1472025Management may draw warrants for disbursements from the Fund inanticipation of receipts. All balances in the Fund at the end of any fiscal yearshall be carried forward and remain a part of the Fund. Interest accruing fromthe Fund shall remain in the Fund.***Sec. 39. 16 V.S.A. § 4026 is amended to read:§ 4026. EDUCATION FUND BUDGET STABILIZATION RESERVE;CREATION AND PURPOSE***(e) The enactment of this chapter and other provisions of the EqualEducational Opportunity Act of which it is a part have been premised uponestimates of balances of revenues to be raised and expenditures to be madeunder the act for such purposes as education spending payments, categoricalState support grants, provisions for property tax income sensitivity, paymentsin lieu of taxes, current use value appraisals, tax stabilization agreements, thestabilization reserve established by this section, and for other purposes. If thestabilization reserve established under this section should in any fiscal year beless than 5.0 percent of the prior fiscal year’s appropriations from theEducation Fund, as defined in subsection (b) of this section, the Joint FiscalCommittee shall review the information provided pursuant to 32 V.S.A.§ 5402b and provide the General Assembly its recommendations for changeVT LEG #384389 v.1No. 73 Page 83 of 1472025necessary to restore the stabilization reserve to the statutory level provided insubsection (b) of this section.Sec. 40. 16 V.S.A. § 4028 is amended to read:§ 4028. FUND PAYMENTS TO SCHOOL DISTRICTS(a) On or before September 10, December 10, and April 30 of each schoolyear, one-third of the education spending payment under section 4011 of thistitle each school district’s educational opportunity payment as determinedunder subsection 4010(f) of this chapter and supplemental district spending, asdefined in 32 V.S.A. § 5401, shall become due to school districts, except thatdistricts that have not adopted a budget by 30 days before the date of paymentunder this subsection shall receive one-quarter of the base education amountand upon adoption of a budget shall receive additional amounts due under thissubsection.(b) Payments made for special education under chapter 101 of this title, forcareer technical education under chapter 37 of this title, and for other aid andcategorical grants paid for support of education shall also be from theEducation Fund.(c)(1) Any district that has adopted a school budget that includes highspending, as defined in 32 V.S.A. § 5401(12), shall, upon timely notice, beauthorized to use a portion of its high spending penalty to reduce futureeducation spending:VT LEG #384389 v.1No. 73 Page 84 of 1472025(A) by entering into a contract with an operational efficiencyconsultant or a financial systems consultant to examine issues such astransportation arrangements, administrative costs, staffing patterns, and thepotential for collaboration with other districts;(B) by entering into a contract with an energy or facilitiesmanagement consultant; or(C) by engaging in discussions with other school districts aboutreorganization or consolidation for better service delivery at a lower cost.(2) To the extent approved by the Secretary, the Agency shall pay thedistrict from the property tax revenue to be generated by the high spendingincrease to the district’s spending adjustment as estimated by the Secretary, upto a maximum of $5,000.00. For the purposes of this subsection, “timelynotice” means written notice from the district to the Secretary by September 30of the budget year. If the district enters into a contract with a consultantpursuant to this subsection, the consultant shall not be an employee of thedistrict or of the Agency. A copy of the consultant’s final recommendations ora copy of the district’s recommendations regarding reorganization, asappropriate, shall be submitted to the Secretary, and each affected town shallinclude in its next town report an executive summary of the consultant’s ordistrict’s final recommendations and notice of where a complete copy isavailable. No district is authorized to obtain funds under this section more thanone time in every five years. [Repealed.]VT LEG #384389 v.1No. 73 Page 85 of 1472025***Sec. 41. 16 V.S.A. § 563 is amended to read:§ 563. POWERS OF SCHOOL BOARDS; FORM OF VOTEThe school board of a school district, in addition to other duties andauthority specifically assigned by law:***(11)(A) Shall prepare and distribute annually a proposed budget for thenext school year according to such major categories as may from time to timebe prescribed by the Secretary.(B) [Repealed.](C) At a school district’s annual or special meeting, the electoratemay vote to provide notice of availability of the school budget required by thissubdivision to the electorate in lieu of distributing the budget. If the electorateof the school district votes to provide notice of availability, it must specify hownotice of availability shall be given, and such notice of availability shall beprovided to the electorate at least 30 days before the district’s annual meeting.The proposed budget shall be prepared and distributed at least ten 10 daysbefore a sum of money is voted on by the electorate. Any proposed budgetshall show the following information in a format prescribed by the Secretary:(i) all revenues from all sources, and expenses, including asseparate items any assessment for a supervisory union of which it is a memberand any tuition to be paid to a career technical center; and including the reportVT LEG #384389 v.1No. 73 Page 86 of 1472025required in subdivision 242(4)(D) of this title itemizing the component costs ofthe supervisory union assessment;(ii) the specific amount of any deficit incurred in the most recentlyclosed fiscal year and how the deficit was or will be remedied;(iii) the anticipated homestead statewide education tax rate and thepercentage of household income used to determine income sensitivity in thedistrict as a result of passage of the budget, including those portions of the taxrate attributable to supervisory union assessments, as adjusted for each taxclassification pursuant to 32 V.S.A. § 5402; and(iv) the definition of “education spending supplemental districtspending,” the number of pupils and number of equalized pupils in long-termmembership of the school district, and the district’s education spending perequalized pupil supplemental district spending in the proposed budget and ineach of the prior three years; and(v) the supplemental district spending yield.(D) The board shall present the budget to the voters by means of aballot in the following form:“Article #1 (School Budget):Shall the voters of the school district approve the school boardto expend $ ______, which is the amount the school board has determined tobe necessary in excess of the school district’s educational opportunity paymentfor the ensuing fiscal year?VT LEG #384389 v.1No. 73 Page 87 of 1472025The ________ District estimates that this proposed budget, ifapproved, will result in per pupil education supplemental district spending of$________, which is _____% higher/lower than per pupil educationsupplemental district spending for the current year, and a supplemental districtspending tax rate of ________ per $100.00 of equalized education propertyvalue.”***Sec. 42. REPEALS(a) 16 V.S.A. § 4031 (unorganized towns and gores) is repealed.(b) 2022 Acts and Resolves No. 127, Sec. 8 (suspension of excess spendingpenalty, hold harmless provision, and ballot language requirement) is repealed.(c) 16 V.S.A. § 2961 (census grant; special education) is repealed.(d) 16 V.S.A. § 4013(d) (English learners services; State aid; categoricalaid) is repealed.(e) 16 V.S.A. § 4015 (merger support for merged districts) is repealed.Sec. 43. 16 V.S.A. § 4032 is added to read:§ 4032. SUPPLEMENTAL DISTRICT SPENDING RESERVE(a) There is hereby created the Supplemental District Spending Reservewithin the Education Fund. Any recapture, as defined in 32 V.S.A. § 5401,paid to the Education Fund as part of the revenue from the supplementaldistrict spending tax imposed pursuant to 32 V.S.A. § 5402(f) shall be reservedwithin the Supplemental District Spending Reserve.VT LEG #384389 v.1No. 73 Page 88 of 1472025(b) In any fiscal year in which the amounts raised through the supplementaldistrict spending tax imposed pursuant to 32 V.S.A. § 5402(f) are insufficientto cover payment to each school district of its supplemental district spending,the Supplemental District Spending Reserve shall be used by theCommissioner of Finance and Management to the extent necessary to offsetthe deficit as determined by generally accepted accounting principles.(c) Any funds remaining in the Supplemental District Spending Reserve atthe close of the fiscal year after accounting for the process under subsection (b)of this section shall be unreserved in the Education Fund for the purpose ofdecreasing the following year’s statewide education property tax rate.Sec. 44. AGENCY OF EDUCATION; TRANSPORTATIONREIMBURSEMENT GUIDELINESOn or before December 15, 2025, the Agency of Education shall submit awritten report to the House Committees on Ways and Means and on Educationand the Senate Committees on Finance and on Education on clear andequitable guidelines for minimum transportation to be provided and covered bytransportation reimbursement grant under 16 V.S.A. § 4016 as part ofVermont’s education transformation.Sec. 45. REPORT; JOINT FISCAL OFFICE; INFLATIONARYMEASURES; PREKINDERGARTEN EDUCATION FUNDING(a) On or before December 15, 2025, the Joint Fiscal Office shall submit areport to the House Committees on Ways and Means and on Education and theVT LEG #384389 v.1No. 73 Page 89 of 1472025Senate Committees on Finance and on Education that analyzes the NationalIncome and Product Accounts (NIPA) implicit price deflator for state and localgovernment consumption expenditures and gross investment published by theU.S. Department of Commerce, Bureau of Economic Analysis, and alternativeinflationary measures that may be applied to state education funding systems.As part of the report, the Joint Fiscal Office shall analyze options and provideconsiderations for selecting an inflationary measure appropriate to Vermont’seducation funding system.(b) On or before December 15, 2025, the Joint Fiscal Office shall submit areport to the House Committee on Ways and Means, the Senate Committee onFinance, and the House and Senate Committees on Education on the currentfunding systems for prekindergarten education, the Child Care FinancialAssistance Program, or any other early care and learning systems. The reportshall review financial incentives in these existing early care and learningsystems. As part of the report, the Joint Fiscal Office shall provideconsiderations for changing the funding streams associated with these earlycare and learning systems to align with the education transformation initiativesenvisioned in this act.Sec. 45a. FOUNDATION FORMULA; JOINT FISCAL OFFICE; REPORT(a) The Joint Fiscal Office shall contract with one or more contractors withexpertise in Vermont’s education funding system to recommend updates to thecost-factor foundation formula created by this act to move from specialVT LEG #384389 v.1No. 73 Page 90 of 1472025education weights based on disability categories to a reliance on the provisionof special education services and to update any other weights determined to beempirically necessary for an adequate and equitable education, taking intoaccount the cost savings generated by new, larger consolidated school districts.Additionally, the contractors shall make recommendations regarding thefollowing:(1) suitable geographic measures for determining sparsity within thefoundation formula;(2) whether it costs more to educate a secondary student than anelementary student in Vermont and, if so, an appropriate weight to capture thecost differential of educating secondary students; and(3) how to account for the provision of career and technical educationwithin Vermont’s foundation formula.(b) The contractors shall submit the foundation formula, analysis ofgeographic measures, and the other recommendations required undersubsection (a) of this section, along with a detailed analysis to support thecontractor’s recommendations, to the House Committee on Ways and Means,the Senate Committee on Finance, and the House and Senate Committees onEducation on or before December 1, 2026.(c) The sum of $400,000.00 is appropriated to the Joint Fiscal Office fromthe General Fund in fiscal year 2026 to hire one or more contractors for thepurposes in subsection (a) of this section.VT LEG #384389 v.1No. 73 Page 91 of 1472025(d) The contractors shall be required to train the Joint Fiscal Office and theAgency of Education in the methodologies needed to recalibrate andrecalculate the base and weights in accordance with 16 V.S.A. § 4010(f).Sec. 45b. EDUCATIONAL OPPORTUNITY PAYMENTS; TUITION;TRANSITION; FYS 2029–2032(a) Notwithstanding 16 V.S.A. § 4001(17), in each of fiscal years 2029through 2032, the educational opportunity payment for a school district shallequal the educational opportunity payment for the school district as calculatedpursuant to 16 V.S.A. § 4010(f) plus a yearly adjustment equal to:(1) in fiscal year 2029, the transition gap multiplied by 0.80;(2) in fiscal year 2030, the transition gap multiplied by 0.60;(3) in fiscal year 2031, the transition gap multiplied by 0.40; and(4) in fiscal year 2032, the transition gap multiplied by 0.20.(b) Notwithstanding 16 V.S.A. § 823(a), in each of fiscal years 2029through 2032, a school district shall pay as tuition to a receiving school foreach resident student attending the receiving school an amount equal to theadjusted base multiplied by the sum of one and any weights applicable to theresident student under section 16 V.S.A. § 4010.(c) As used in this section:(1) “Adjusted base” means the quotient resulting from dividing theschool district’s educational opportunity payment, as adjusted by the yearlyVT LEG #384389 v.1No. 73 Page 92 of 1472025adjustment, by the school district’s weighted long-term membership as definedin 16 V.S.A. § 4001.(2) “Adjusted for inflation” means adjusting the school district’seducation spending by the National Income and Product Accounts (NIPA)implicit price deflator for state and local government consumptionexpenditures and gross investment published by the U.S. Department ofCommerce, Bureau of Economic Analysis, from fiscal year 2025 through fiscalyear 2029 and rounding upward to the nearest whole dollar amount.(3) “Transition gap” means the amount, whether positive or negative,that results from subtracting the school district’s educational opportunitypayment as calculated pursuant to 16 V.S.A. § 4010(f) for fiscal year 2029from the school district’s education spending in fiscal year 2025, as adjustedfor inflation. The school district’s education spending shall be adjusted forinflation on or before November 15 by the Secretary of Education.Sec. 45c. 32 V.S.A. § 5414 is amended to read:§ 5414. CREATION; EDUCATION FUND ADVISORY COMMITTEE***(e) Meetings.(1) The Commissioner of Taxes shall call the first meeting of theCommittee to occur on or before July 15, 2025 2026.***VT LEG #384389 v.1No. 73 Page 93 of 1472025* * * Education Property Tax Rate Formula * * *Sec. 46. 32 V.S.A. § 5401 is amended to read:§ 5401. DEFINITIONSAs used in this chapter:***(8) “Education spending” means “education spending” as defined in 16V.S.A. § 4001(6). [Repealed.]***(12) “Excess spending” means:(A) The per pupil spending amount of the district’s educationspending, as defined in 16 V.S.A. § 4001(6), plus any amount required to beadded from a capital construction reserve fund under 24 V.S.A. § 2804(b).(B) In excess of 118 percent of the statewide average district perpupil education spending increased by inflation, as determined by the Secretaryof Education on or before November 15 of each year based on the passedbudgets to date. As used in this subdivision, “increased by inflation” meansincreasing the statewide average district per pupil education spending for fiscalyear 2025 by the most recent New England Economic Project cumulative priceindex, as of November 15, for state and local government purchases of goodsand services, from fiscal year 2025 through the fiscal year for which theamount is being determined. [Repealed.]VT LEG #384389 v.1No. 73 Page 94 of 1472025(13)(A) “Education property tax spending adjustment” means thegreater of one or a fraction in which:(i) the numerator is the district’s per pupil education spending plusexcess spending for the school year, and(ii) the denominator is the property dollar equivalent yield for theschool year, as defined in subdivision (15) of this section, multiplied by thestatewide adjustment.(B) “Education income tax spending adjustment” means the greaterof one or a fraction in which the numerator is the district’s per pupil educationspending plus excess spending for the school year, and the denominator is theincome dollar equivalent yield for the school year, as defined in subdivision(16) of this section. [Repealed.]***(15) “Property dollar equivalent yield” means the amount of per pupileducation spending that would result in a district having a homestead tax rateof $1.00 per $100.00 of equalized education property value. [Repealed.](16) “Income dollar equivalent yield” means the amount of per pupileducation spending that would result in a district having an income percentagein subdivision 6066(a)(2) of this title of 2.0 percent. [Repealed.](17) “Statewide adjustment” means the ratio of the aggregate educationproperty tax grand list of all municipalities to the aggregate value of theequalized education property tax grand list of all municipalities.VT LEG #384389 v.1No. 73 Page 95 of 1472025(18) “Adjusted equalized education property tax grand list” means theequalized education property tax grand list after removing the value ofhomestead property exempted from the statewide education property tax andthe supplemental district spending tax pursuant to section 6066 of this title.(19) “Per pupil supplemental district spending” means the per pupilamount of supplemental district spending resulting from dividing a schooldistrict’s supplemental district spending by its long-term membership asdefined in 16 V.S.A. § 4001(7).(20) “Recapture” means the amount of revenue raised throughimposition of the supplemental district spending tax pursuant to subsection5402(f) of this chapter that is in excess of the school district’s supplementaldistrict spending.(21) “School district with the lowest taxing capacity” means the schooldistrict other than an interstate school district anticipated to have the lowestaggregate adjusted equalized education property tax grand list of its municipalmembers per long-term membership as defined in 16 V.S.A. § 4001(7) in thefollowing fiscal year.(22) “Supplemental district spending” means the spending that thevoters of a school district approve in excess of the school district’s educationalopportunity payment, as defined in 16 V.S.A. § 4001(17), for the fiscal year,provided that the voters of a school district other than an interstate schooldistrict shall not approve spending in excess of 5 percent of the product of theVT LEG #384389 v.1No. 73 Page 96 of 1472025base amount, as defined in 16 V.S.A. § 4001(16), and the school district’slong-term membership, as defined in 16 V.S.A. § 4001(7).(23) “Supplemental district spending yield” means the amount ofproperty tax revenue per long-term membership as defined in 16 V.S.A.§ 4001(7) that would be raised in the school district with the lowest taxingcapacity using a supplemental district spending tax rate of $1.00 per $100.00of equalized education property value multiplied by the statewide adjustment.Sec. 46a. SUPPLEMENTAL DISTRICT SPENDING; CAP; TRANSITION;FYS 2029–2037Notwithstanding 32 V.S.A. § 5401(22), in each of fiscal years 2029 through2037, the voters of a school district other than an interstate school district shallnot approve spending in excess of the following percentage of the product ofthe base amount, as defined in 16 V.S.A. § 4001(16), and the school district’slong-term membership, as defined in 16 V.S.A. § 4001(7):(1) in fiscal years 2029 through 2033, 10 percent;(2) in fiscal year 2034, 9 percent;(3) in fiscal year 2035, 8 percent;(4) in fiscal year 2036, 7 percent; and(5) in fiscal year 2037, 6 percent.Sec. 47. 32 V.S.A. § 5402 is amended to read:§ 5402. EDUCATION PROPERTY TAX LIABILITYVT LEG #384389 v.1No. 73 Page 97 of 1472025(a) A statewide education tax is imposed on all nonhomestead andhomestead property at the following rates:(1) The tax rate for nonhomestead property shall be $1.59 per $100.00divided by the statewide adjustment.(2) The tax rate for homestead property shall be $1.00 multiplied by theeducation property tax spending adjustment for the municipality per $100.00 ofequalized education property value as most recently determined under section5405 of this title. The homestead property tax rate for each municipality that isa member of a union or unified union school district shall be calculated asrequired under subsection (e) of this section. a rate sufficient to coverexpenditures from the Education Fund other than supplemental districtspending, after accounting for forecasted non-property tax revenues and anyfunds unreserved in the Education Fund following the process under 16 V.S.A.§ 4032(c). It is the intention of the General Assembly that the statewideeducation tax rate under this section shall be adopted for each fiscal year by actof the General Assembly. If the General Assembly fails to adopt a statewideeducation tax rate for a fiscal year, the statewide education tax rate for thefiscal year shall equal the product of 110 percent and the statewide educationtax rate for the preceding fiscal year. The statewide education tax rate shall beadjusted for homestead property and each general class of nonhomesteadproperty provided under section 4152a of this title as follows:VT LEG #384389 v.1No. 73 Page 98 of 1472025If the tax classification of the then the statewide education tax rateproperty subject to taxation is: is multiplied by a factor of:Homestead 1.0Nonhomestead Nonresidential 1.0Nonhomestead Residential 1.0(b) The statewide education tax shall be calculated as follows:(1) The Commissioner of Taxes shall determine for each municipalitythe education tax rates under subsection (a) of this section divided by thenumber resulting from dividing the municipality’s most recent common levelof appraisal by the statewide adjustment. The legislative body in eachmunicipality shall then bill each property taxpayer at the homestead ornonhomestead applicable rate determined by the Commissioner under thissubdivision, multiplied by the education property tax grand list value of theproperty, properly classified as homestead or nonhomestead property andwithout regard to any other tax classification of the property not authorizedunder this chapter. Statewide education property tax bills shall show the taxdue and the calculation of the rate determined under subsection (a) of thissection, divided by the number resulting from dividing the municipality’s mostrecent common level of appraisal by the statewide adjustment, multiplied bythe current grand list value of the property to be taxed. Statewide educationproperty tax bills shall also include language provided by the Commissionerpursuant to subsection 5405(g) of this title.VT LEG #384389 v.1No. 73 Page 99 of 1472025(2) Taxes assessed under this section shall be assessed and collected inthe same manner as taxes assessed under chapter 133 of this title with no taxclassification other than as homestead or nonhomestead property thoserequired by this section; provided, however, that the tax levied under thischapter shall be billed to each taxpayer by the municipality in a manner thatclearly indicates the tax is separate from any other tax assessed and collectedunder chapter 133, including an itemization of the separate taxes due. The billmay be on a single sheet of paper with the statewide education tax and othertaxes presented separately and side by side.(3) If a district has not voted a budget by June 30, an interim homesteadeducation tax shall be imposed at the base rate determined under subdivision(a)(2) of this section, divided by the number resulting from dividing themunicipality’s most recent common level of appraisal by the statewideadjustment, but without regard to any spending adjustment under subdivision5401(13) of this title. Within 30 days after a budget is adopted and thedeadline for reconsideration has passed, the Commissioner shall determine themunicipality’s homestead tax rate as required under subdivision (1) of thissubsection. [Repealed.](c)(1) The treasurer of each municipality shall by December 1 of the year inwhich the tax is levied and on June 1 of the following year pay to the StateTreasurer for deposit in the Education Fund one-half of the municipality’sVT LEG #384389 v.1No. 73 Page 100 of 1472025statewide nonhomestead tax and one-half of the municipality’s homesteadeducation tax, as determined under subdivision (b)(1) of this section.(2) The Secretary of Education shall determine each municipality’s netnonhomestead education tax payment and its net homestead education taxpayment to the State based on grand list information received by the Secretarynot later than the March 15 prior to the June 1 net payment. Payment shall beaccompanied by a return prescribed by the Secretary of Education. Eachmunicipality may retain 0.225 of one percent of the total education taxcollected, only upon timely remittance of net payment to the State Treasurer orto the applicable school district or districts. Each municipality may also retain$15.00 for each late property tax credit claim filed after April 15 and beforeSeptember 2, as notified by the Department of Taxes, for the cost of issuing anew property tax bill.(d) [Repealed.](e) The Commissioner of Taxes shall determine a homestead education taxrate for each municipality that is a member of a union or unified union schooldistrict as follows:(1) For a municipality that is a member of a unified union schooldistrict, use the base rate determined under subdivision (a)(2) of this sectionand a spending adjustment under subdivision 5401(13) of this title based uponthe per pupil education spending of the unified union.(2) For a municipality that is a member of a union school district:VT LEG #384389 v.1No. 73 Page 101 of 1472025(A) Determine the municipal district homestead tax rate using thebase rate determined under subdivision (a)(2) of this section and a spendingadjustment under subdivision 5401(13) of this title based on the per pupileducation spending in the municipality who attends a school other than theunion school.(B) Determine the union district homestead tax rate using the baserate determined under subdivision (a)(2) of this section and a spendingadjustment under subdivision 5401(13) of this title based on the per pupileducation spending of the union school district.(C) Determine a combined homestead tax rate by calculating theweighted average of the rates determined under subdivisions (A) and (B) ofthis subdivision (2), with weighting based upon the ratio of union school long-term membership, as defined in 16 V.S.A. § 4001(7), from the membermunicipality to total long-term membership of the member municipality; andthe ratio of long-term membership attending a school other than the unionschool to total long-term membership of the member municipality. Total long-term membership of the member municipality is based on the number of pupilswho are legal residents of the municipality and attending school at publicexpense. If necessary, the Commissioner may adopt a rule to clarify andfacilitate implementation of this subsection (e). [Repealed.](f)(1) A supplemental district spending tax is imposed on all homesteadand nonhomestead property in each member municipality of a school districtVT LEG #384389 v.1No. 73 Page 102 of 1472025that approves spending pursuant to a budget presented to the voters of a schooldistrict under 16 V.S.A. § 563. The Commissioner of Taxes shall determinethe supplemental district spending tax rate for each school district by dividingthe school district’s per pupil supplemental district spending as certified by theSecretary of Education by the supplemental district spending yield. Thelegislative body in each member municipality shall then bill each propertytaxpayer at the rate determined by the Commissioner under this subsection,divided by the number resulting from dividing the municipality’s most recentcommon level of appraisal by the statewide adjustment and multiplied by thecurrent grand list value of the property to be taxed. The bill shall show the taxdue and the calculation of the rate.(2) The supplemental district spending tax assessed under thissubsection shall be assessed and collected in the same manner as taxesassessed under chapter 133 of this title with no tax classification other than ashomestead or nonhomestead property; provided, however, that the tax leviedunder this chapter shall be billed to each taxpayer by the municipality in amanner that clearly indicates the tax is separate from any other tax assessedand collected under chapter 133 of this title and the statewide educationproperty tax under this section, including an itemization of the separate taxesdue. The bill may be on a single sheet of paper with the supplemental districtspending tax, the statewide education tax, and other taxes presented separatelyand side by side.VT LEG #384389 v.1No. 73 Page 103 of 1472025(3) The treasurer of each municipality shall on or before December 1 ofthe year in which the tax is levied and on or before June 1 of the following yearpay to the State Treasurer for deposit in the Education Fund one-half of themunicipality’s supplemental district spending tax as determined undersubdivision (1) of this subsection.(4) The Secretary of Education shall determine each municipality’s netsupplemental district spending tax payment to the State based on grand listinformation received by the Secretary not later than the March 15 prior to theJune 1 net payment. Payment shall be accompanied by a return prescribed bythe Secretary of Education. Each municipality may retain 0.225 of one percentof the total supplemental district spending tax collected, only upon timelyremittance of net payment to the State Treasurer or to the applicable schooldistrict.Sec. 48. 32 V.S.A. § 5402b is amended to read:§ 5402b. STATEWIDE EDUCATION TAX YIELDS RATE;SUPPLEMENTAL DISTRICT SPENDING YIELD;RECOMMENDATION OF THE COMMISSIONER(a) Annually, not later than December 1, the Commissioner of Taxes, afterconsultation with the Secretary of Education, the Secretary of Administration,and the Joint Fiscal Office, shall calculate and recommend a property dollarequivalent yield, an income dollar equivalent yield, and a nonhomesteadproperty tax rate the statewide education property tax rate pursuant toVT LEG #384389 v.1No. 73 Page 104 of 1472025subsection 5402(a) of this chapter and the supplemental district spending yieldfor the following fiscal year. In making these calculations, the Commissionershall assume: the statutory reserves are maintained at five percent pursuant to16 V.S.A. § 4026, the amounts in the Supplemental District Spending Reserveare unavailable for any purpose other than that specified in 16 V.S.A.§ 4032(b), and the statewide education property tax rate is divided by thestatewide adjustment(1) the homestead base tax rate in subdivision 5402(a)(2) of this title is$1.00 per $100.00 of equalized education property value;(2) the applicable percentage in subdivision 6066(a)(2) of this title is 2.0;(3) the statutory reserves under 16 V.S.A. § 4026 and this section weremaintained at five percent;(4) the percentage change in the average education tax bill applied tononhomestead property and the percentage change in the average education taxbill of homestead property and the percentage change in the average educationtax bill for taxpayers who claim a credit under subsection 6066(a) of this titleare equal;(5) the equalized education grand list is multiplied by the statewideadjustment in calculating the property dollar equivalent yield; and(6) the nonhomestead rate is divided by the statewide adjustment.VT LEG #384389 v.1No. 73 Page 105 of 1472025(b) For each fiscal year, the property dollar equivalent supplemental districtspending yield and the income dollar equivalent yield shall be the same as inthe prior fiscal year, unless set otherwise by the General Assembly.***(d) Along with the recommendations made under this section, theCommissioner shall include:(1) the base amount as defined in 16 V.S.A. § 4001(16);(2) for each school district, the estimated long-term membership,weighted long-term membership, and aggregate adjusted equalized educationproperty tax grand list of its municipal members;(3) for each school district, the estimated aggregate adjusted equalizededucation property tax grand list of its municipal members per long-termmembership;(4) the estimated school district with the lowest taxing capacity; and(5) the range of per pupil supplemental district spending between alldistricts in the State for the previous year.***Sec. 48a. HOMESTEAD PROPERTY TAX RATE; TRANSITION; FYS2029–2032; REPORT(a) Notwithstanding 32 V.S.A. § 5402, in each of fiscal years 2029 through2032, the homestead property tax rate for a school district shall equal theVT LEG #384389 v.1No. 73 Page 106 of 1472025homestead property tax rate imposed pursuant to 32 V.S.A. § 5402 plus ayearly adjustment equal to:(1) in fiscal year 2029, the transition gap multiplied by 0.80;(2) in fiscal year 2030, the transition gap multiplied by 0.60;(3) in fiscal year 2031, the transition gap multiplied by 0.40; and(4) in fiscal year 2032, the transition gap multiplied by 0.20.(b) As used in this section, “transition gap” means the amount, whetherpositive or negative, that results from subtracting the uniform homesteadproperty tax rate for fiscal year 2029 were it calculated assuming no tax ratetransition under this section from the homestead property tax rate for theschool district in fiscal year 2028.(c) On or before December 15, 2027, the Department of Taxes, inconsultation with the Joint Fiscal Office and the Agency of Education, shallsubmit a written report to the House Committee on Ways and Means and theSenate Committee on Finance with recommendations and an implementationplan to ensure that education property tax rates do not increase as part of thetransition to the new foundation formula.* * * Conforming Revisions; Statewide Property Tax Rate * * *Sec. 49. 32 V.S.A. § 5404a(b)(1) is amended to read:(b)(1) An agreement affecting the education property tax grand list definedunder subsection (a) of this section shall reduce the municipality’s educationproperty tax liability under this chapter for the duration of the agreement orVT LEG #384389 v.1No. 73 Page 107 of 1472025exemption without extension or renewal, and for a maximum of 10 years. Amunicipality’s property tax liability under this chapter shall be reduced by anydifference between the amount of the education property taxes collected on thesubject property and the amount of education property taxes that would havebeen collected on such property if its fair market value were taxed at theequalized nonhomestead rate for the tax year.Sec. 50. 32 V.S.A. § 5405(g) is amended to read:(g) The Commissioner shall provide to municipalities for the front ofproperty tax bills the district homestead property statewide education tax ratebefore equalization, the nonresidential tax rate before equalization, and thecalculation process that creates the equalized homestead and nonhomestead taxrates. The Commissioner shall further provide to municipalities for the back ofproperty tax bills an explanation of the common level of appraisal, includingits origin and purpose.* * * Statewide Property Tax Credit Repeal; Homestead ExemptionCreated * * *Sec. 51. 32 V.S.A. § 5400 is amended to read:§ 5400. STATUTORY PURPOSES***(c) The statutory purpose of the exemption for qualified housing insubdivision 5404a(a)(6) of this title is to ensure that taxes on this rent-restricted housing provided to Vermonters of low and moderate income areVT LEG #384389 v.1No. 73 Page 108 of 1472025more equivalent to property taxed using the State as a homestead rate propertyand to adjust the costs of investment in rent-restricted housing to reflect moreaccurately the revenue potential of such property.***(j) The statutory purpose of the homestead property tax exemption insubdivision 6066(a)(1) of this title is to reduce the property tax liability forVermont households with low and moderate household income.Sec. 52. 32 V.S.A. chapter 154 is amended to read:CHAPTER 154. HOMESTEAD PROPERTY TAX EXEMPTION,MUNICIPAL PROPERTY TAX CREDIT, AND RENTER CREDIT§ 6061. DEFINITIONSAs used in this chapter unless the context requires otherwise:(1) “Property Municipal property tax credit” means a credit of the priortax year’s statewide or municipal property tax liability or a homestead ownercredit, as authorized under section subdivision 6066(a)(2) of this title, as thecontext requires chapter.***(8) “Annual tax levy” means the property taxes levied on propertytaxable on April 1 and without regard to the year in which those taxes are dueor paid. [Repealed.](9) “Taxable year” means the calendar year preceding the year in whichthe claim is filed.VT LEG #384389 v.1No. 73 Page 109 of 1472025(10) [Repealed.](11) “Housesite” means that portion of a homestead, as defined undersubdivision 5401(7) of this title but not under subdivision 5401(7)(G) of thistitle, that includes as much of the land owned by the claimant surrounding thedwelling as is reasonably necessary for use of the dwelling as a home, but inno event more than two acres per dwelling unit, and, in the case of multipledwelling units, not more than two acres per dwelling unit up to a maximum of10 acres per parcel.(12) “Claim year” means the year in which a claim is filed under thischapter.(13) “Homestead” means a homestead as defined under subdivision5401(7) of this title, but not under subdivision 5401(7)(G) of this title, anddeclared on or before October 15 in accordance with section 5410 of this title.(14) “Statewide education tax rate” means the homestead educationproperty tax rate multiplied by the municipality’s education spendingadjustment under subdivision 5402(a)(2) of this title and used to calculate taxesassessed in the municipal fiscal year that began in the taxable year. [Repealed.]***(21) “Homestead property tax exemption” means a reduction in theamount of housesite value subject to the statewide education tax and thesupplemental district spending tax in the claim year as authorized undersections 6066 and 6066a of this chapter.VT LEG #384389 v.1No. 73 Page 110 of 1472025§ 6062. NUMBER AND IDENTITY OF CLAIMANTS; APPORTIONMENT***(d) Whenever a housesite is an integral part of a larger unit such as a farmor a multi-purpose or multi-dwelling building, property taxes paid shall be thatpercentage of the total property tax as the value of the housesite is to the totalvalue. Upon a claimant’s request, the listers shall certify to the claimant thevalue of his or her the claimant’s homestead and housesite.***§ 6063. CLAIM AS PERSONAL; CREDIT AND EXEMPTION AMOUNTAT TIME OF TRANSFER(a) The right to file a claim under this chapter is personal to the claimantand shall not survive his or her the claimant’s death, but the right may beexercised on behalf of a claimant by his or her the claimant’s legal guardian orattorney-in-fact. When a claimant dies after having filed a timely claim, themunicipal property tax credit and the homestead exemption amount shall becredited applied to the homestead property tax liability of the claimant’s estateas provided in section 6066a of this title.(b) In case of sale or transfer of a residence, after April 1 of the claim year:(1) any municipal property tax credit amounts amount related to thatresidence shall be allocated to the seller transferor at closing unless the partiesotherwise agree;VT LEG #384389 v.1No. 73 Page 111 of 1472025(2) any homestead property tax exemption related to that residencebased on the transferor’s household income under subdivision 6066(a)(1) ofthis chapter shall cease to be in effect upon transfer; and(3) a transferee who is eligible to declare the residence as a homesteadbut for the requirement to own the residence on April 1 of the claim year shall,notwithstanding subdivision 5401(7) and subsection 5410(b) of this title, beeligible to apply for a homestead property tax exemption in the claim yearwhen the transfer occurs by filing with the Commissioner of Taxes ahomestead declaration pursuant to section 5410 of this title and a claim forexemption on or before the due date prescribed under section 6068 of thischapter.***§ 6065. FORMS; TABLES; NOTICES(a) In administering this chapter, the Commissioner shall provide suitableclaim forms with tables of allowable claims, instructions, and worksheets forclaiming a homestead property tax exemption and municipal property taxcredit.(b) Prior to June 1, the Commissioner shall also prepare and supply to eachtown in the State notices describing the homestead property tax exemption andmunicipal property tax credit for inclusion in property tax bills. The noticeshall be in simple, plain language and shall explain how to file for a homesteadproperty tax exemption and a municipal property tax credit, where to findVT LEG #384389 v.1No. 73 Page 112 of 1472025assistance filing for a credit or an exemption, or both, and any other relatedinformation as determined by the Commissioner. The notice shall directtaxpayers to a resource where they can find versions of the notice translatedinto the five most common non-English languages in the State. A town shallinclude such notice in each tax bill and notice of delinquent taxes that it mailsto taxpayers who own in that town a residential property, without regard forwhether the property was declared a homestead pursuant to subdivision5401(7) of this title.(c) Notwithstanding the provisions of subsection (b) of this section, townsthat use envelopes or mailers not able to accommodate notices describing thehomestead property tax exemption and municipal property tax credit maydistribute such notices in an alternative manner.§ 6066. COMPUTATION OF HOMESTEAD PROPERTY TAXEXEMPTION, MUNICIPAL PROPERTY TAX CREDIT, ANDRENTER CREDIT(a) An eligible claimant who owned the homestead on April 1 of the year inwhich the claim is filed shall be entitled to a credit for the prior year’shomestead property tax liability amount determined as follows:(1)(A) For a claimant with household income of $90,000.00 or more:(i) the statewide education tax rate, multiplied by the equalizedvalue of the housesite in the taxable year;(ii) minus (if less) the sum of:VT LEG #384389 v.1No. 73 Page 113 of 1472025(I) the income percentage of household income for the taxableyear; plus(II) the statewide education tax rate, multiplied by the equalizedvalue of the housesite in the taxable year in excess of $225,000.00.(B) For a claimant with household income of less than $90,000.00 butmore than $47,000.00, the statewide education tax rate, multiplied by theequalized value of the housesite in the taxable year, minus (if less) the sum of:(i) the income percentage of household income for the taxableyear; plus(ii) the statewide education tax rate, multiplied by the equalizedvalue of the housesite in the taxable year in excess of $400,000.00.(C) For a claimant whose household income does not exceed$47,000.00, the statewide education tax rate, multiplied by the equalized valueof the housesite in the taxable year, minus the lesser of:(i) the sum of the income percentage of household income for thetaxable year plus the statewide education tax rate, multiplied by the equalizedvalue of the housesite in the taxable year in excess of $400,000.00; or(ii) the statewide education tax rate, multiplied by the equalizedvalue of the housesite in the taxable year reduced by $15,000.00.(2) “Income percentage” in this section means two percent, multiplied bythe education income tax spending adjustment under subdivision 5401(13)(B)VT LEG #384389 v.1No. 73 Page 114 of 1472025of this title for the property tax year that begins in the claim year for themunicipality in which the homestead residence is located.(1) An eligible claimant who owned the homestead on April 1 of theclaim year and whose household income does not exceed $115,000.00 shall beentitled to a homestead property tax exemption in the claim year in an amountdetermined as follows:If household income (rounded then the claimant is entitled to ato the nearest dollar) is: homestead property taxexemption against the first$425,000.00 in housesite valueof this percent:$0.00 — 25,000.00 95.00$25,001.00 — 40,000.00 90.00$40,001.00 — 50,000.00 80.00$50,001.00 — 60,000.00 70.00$60,001.00 — 70,000.00 60.00$70,001.00 — 80,000.00 50.00$80,001.00 — 90,000.00 40.00$90,001.00 — 100,000.00 30.00$100,001.00 — 110,000.00 20.00$110,001.00 — 115,000.00 10.00VT LEG #384389 v.1No. 73 Page 115 of 1472025(3)(2) A An eligible claimant who owned the homestead on April 1 ofthe claim year and whose household income does not exceed $47,000.00 shallalso be entitled to an additional a credit amount from against the claimant’smunicipal taxes for the upcoming fiscal year that is equal to the amount bywhich the municipal property taxes for the municipal fiscal year that began inthe taxable year upon the claimant’s housesite exceeds a percentage of theclaimant’s household income for the taxable year as follows:If household income (rounded then the taxpayer is entitled toto the nearest dollar) is: credit for the reduced propertytax in excess of this percent ofthat income:$0.00 — 9,999.00 1.50$10,000.00 — 47,000.00 3.00(4) A claimant whose household income does not exceed $47,000.00shall also be entitled to an additional credit amount from the claimant’sstatewide education tax for the upcoming fiscal year that is equal to the amountby which the education property tax for the municipal fiscal year that began inthe taxable year upon the claimant’s housesite, reduced by the credit amountdetermined under subdivisions (1) and (2) of this subsection, exceeds apercentage of the claimant’s household income for the taxable year as follows:If household income (rounded then the taxpayer is entitled toto the nearest dollar) is: credit for the reduced property taxVT LEG #384389 v.1No. 73 Page 116 of 1472025in excess of this percent of thatincome:$0.00 — 9,999.00 0.5$10,000.00 — 24,999.00 1.5$25,000.00 — 47,000.00 2.0(5)(3) In no event shall the homestead property tax exemption providedfor in subdivision (1) of this subsection reduce the housesite value below zero.In no event shall the municipal property tax credit provided for in subdivision(3) or (4)(2) of this subsection exceed the amount of the reduced municipalproperty tax. The credits under subdivision (4) of this subsection shall becalculated considering only the tax due on the first $400,000.00 in equalizedhousesite value.(4) Each dollar amount in subdivision (1) of this subsection shall beadjusted for inflation annually on or before November 15 by the Commissionerof Taxes. As used in this subdivision, “adjusted for inflation” means adjustingthe dollar amount by the National Income and Product Accounts (NIPA)implicit price deflator for state and local government consumptionexpenditures and gross investment published by the U.S. Department ofCommerce, Bureau of Economic Analysis, from fiscal year 2025 through thefiscal year for which the amount is being determined, and rounding upward tothe nearest whole dollar amount.VT LEG #384389 v.1No. 73 Page 117 of 1472025(b)(1) An eligible claimant who rented the homestead shall be entitled to acredit for the taxable year in an amount not to exceed $2,500.00, to becalculated as follows:***(c) To be eligible for an adjustment exemption or credit under this chapter,the claimant:(1) must have been domiciled in this State during the entire taxable year;(2) may not be a person claimed as a dependent by any taxpayer underthe federal Internal Revenue Code during the taxable year; and(3) in the case of a renter, shall have rented property for at least sixcalendar months, which need not be consecutive, during the taxable year.(d) The owner of a mobile home that is sited on a lot not owned by thehomeowner may include an amount determined under subdivision 6061(7) ofthis title as allocable rent paid on the lot with the amount of property taxes paidby the homeowner on the home for the purpose of computation of credits themunicipal property tax credit under subdivision (a)(3)(2) of this section, unlessthe homeowner has included in the claim an amount of property tax oncommon land under the provisions of subsection (e) of this section.(e) Property taxes paid by a cooperative, not including a mobile home parkcooperative, allocable to property used as a homestead shall be attributable tothe co-op member for the purpose of computing the credit of property taxliability of the co-op member under this section. Property owned by aVT LEG #384389 v.1No. 73 Page 118 of 1472025cooperative declared as a homestead may only include the homestead and a prorata share of any common land owned or leased by the cooperative, not toexceed the two-acre housesite limitation. The share of the cooperative’sassessed value attributable to the housesite shall be determined by thecooperative and specified annually in a notice to the co-op member. Propertytaxes paid by a mobile home park cooperative, allocable to property used as ahousesite, shall be attributed to the owner of the housesite for the purpose ofcomputing the credit of property tax liability of the housesite owner under thissection. Property owned by the mobile home park cooperative and declared asa housesite may only include common property of the cooperative contiguouswith at least one mobile home lot in the park, not to exceed the two-acrehousesite limitation. The share attributable to any mobile home lot shall bedetermined by the cooperative and specified in the cooperative agreement. Aco-op member who is the housesite owner shall be entitled to a property taxcredit in an amount determined by multiplying the property taxes allocatedunder this subsection by the percentage of the exemption for which thehousesite owner’s household income qualifies under subdivision (a)(1) of thissection.(f) [Repealed.](g) Notwithstanding subsection (d) of this section, if the land surrounding ahomestead is owned by a nonprofit corporation or community land trust withtax exempt status under 26 U.S.C. § 501(c)(3), the homeowner may include anVT LEG #384389 v.1No. 73 Page 119 of 1472025allocated amount as property tax paid on the land with the amount of propertytaxes paid by the homeowner on the home for the purposes of computation ofthe credit property tax liability under this section. The allocated amount shallbe determined by the nonprofit corporation or community land trust on aproportional basis. The nonprofit corporation or community land trust shallprovide to that homeowner, by January 31, a certificate specifying theallocated amount. The certificate shall indicate the proportion of total propertytax on the parcel that was assessed for municipal property tax and for statewideproperty tax and the proportion of total value of the parcel. A homeownerunder this subsection shall be entitled to a property tax credit in an amountdetermined by multiplying the property taxes allocated under this subsectionby the percentage of the exemption for which the homeowner’s householdincome qualifies under subdivision (a)(1) of this section.(h) A homestead owner shall be entitled to an additional property tax creditamount equal to one percent of the amount of income tax refund that theclaimant elects to allocate to payment of homestead statewide educationproperty tax under section 6068 of this title.(i) Adjustments The homestead property tax exemption and the municipalproperty tax credit under subsection (a) of this section shall be calculatedwithout regard to any exemption under subdivision 3802(11) of this title.§ 6066a. DETERMINATION OF HOMESTEAD PROPERTY TAXEXEMPTION AND MUNICIPAL PROPERTY TAX CREDITVT LEG #384389 v.1No. 73 Page 120 of 1472025(a) Annually, the Commissioner shall determine the homestead propertytax exemption and the municipal property tax credit amount under section6066 of this title, related to a homestead owned by the claimant, based on theprior taxable year’s income and for the municipal property tax credit, creditingproperty taxes paid in the prior year, and for the homestead property taxexemption, exempting the housesite value in the claim year. TheCommissioner shall notify the municipality in which the housesite is located ofthe amount of the homestead property tax exemption and municipal propertytax credit for the claimant for homestead property tax liabilities on a monthlybasis. The municipal property tax credit of a claimant who was assessedproperty tax by a town that revised the dates of its fiscal year, however, is theexcess of the property tax that was assessed in the last 12 months of the revisedfiscal year, over the adjusted property tax of the claimant for the revised fiscalyear, as determined under section 6066 of this title, related to a homesteadowned by the claimant.(b) The Commissioner shall include in the total homestead property taxexemption and municipal property tax credit amount determined undersubsection (a) of this section, for credit to the taxpayer for homestead statewideeducation property tax and supplemental district spending tax liabilities, anyincome tax overpayment remaining after allocation under section 3112 of thistitle and setoff under section 5934 of this title, which the taxpayer has directedto be used for payment of property taxes.VT LEG #384389 v.1No. 73 Page 121 of 1472025(c) The Commissioner shall notify the municipality of any claim andrefund amounts unresolved by November 1 at the time of final resolution,including adjudication, if any; provided, however, that towns will not benotified of any additional credit amounts after November 1 of the claim year,and such amounts shall be paid to the claimant by the Commissioner.(d) [Repealed.](e) At the time of notice to the municipality, the Commissioner shall notifythe taxpayer of the homestead property tax credit exemption amountdetermined under subdivision 6066(a)(1) of this title, the amount determinedunder subdivision 6066(a)(3) of this title,; any additional municipal propertycredit amounts amount due the homestead owner under section subdivision6066(a)(2) of this title,; the amount of income tax refund, if any, allocated topayment of homestead statewide education property tax liabilities,; and anylate-claim reduction amount.(f)(1) For taxpayers and amounts stated in the notice to towns on or beforeJuly 1, municipalities shall create and send to taxpayers a homestead propertytax bill, instead of the bill required under subdivision 5402(b)(1) of this title,providing the total amount allocated to payment of homestead statewideeducation property tax liabilities and notice of the balance due. Municipalitiesshall apply the amount of the homestead property tax exemption allocatedunder this chapter to current year property taxes in equal amounts to each ofthe taxpayers’ property tax installments that include education taxes and theVT LEG #384389 v.1No. 73 Page 122 of 1472025amount of the municipal property tax credit allocated under this chapter tocurrent year municipal property taxes in equal amounts to each of thetaxpayers’ property tax installments that include municipal taxes.Notwithstanding section 4772 of this title, if a town issues a corrected bill as aresult of the notice sent by the Commissioner under subsection (a) of thissection, issuance of the corrected new bill does not extend the time forpayment of the original bill nor relieve the taxpayer of any interest or penaltiesassociated with the original bill. If the corrected bill is less than the originalbill, and there are also no unpaid current year taxes, interest, or penalties, andno past year delinquent taxes or penalties and interest charges, anyoverpayment shall be reflected on the corrected tax bill and refunded to thetaxpayer.(2) For homestead property tax exemption and municipal property taxcredit amounts for which municipalities receive notice after November 1,municipalities shall issue a new homestead property tax bill with notice to thetaxpayer of the total amount allocated to payment of homestead property taxliabilities and notice of the balance due.(3) The homestead property tax exemption and municipal property taxcredit amount determined for the taxpayer shall be allocated first to currentyear housesite value and property tax on the homestead parcel, next to current-year homestead parcel penalties and interest, next to any prior year homesteadparcel penalties and interest, and last to any prior year housesite value andVT LEG #384389 v.1No. 73 Page 123 of 1472025property tax on the homestead parcel. No homestead property tax exemptionor municipal credit shall be allocated to a housesite value or property taxliability for any year after the year for which the claim or refund allocation wasfiled. No municipal tax-reduction incentive for early payment of taxes shallapply to any amount allocated to the property tax bill under this chapter.(4) If the homestead property tax exemption or the municipal propertytax credit amount as described in subsection (e) of this section exceeds theproperty tax, penalties, and interest due for the current and all prior years, themunicipality shall refund the excess to the taxpayer, without interest, within 20days of the first date upon which taxes become due and payable or 20 daysafter notification of the exemption or credit amount by the Commissioner ofTaxes, whichever is later.(g) The Commissioner of Taxes shall pay monthly to each municipality theamount of municipal property tax credit of which the municipality was lastnotified related to municipal property tax on homesteads within thatmunicipality, as determined by the Commissioner of Taxes.§ 6067. CREDIT CLAIM LIMITATIONS(a) Claimant. Only one individual per household per taxable year shall beentitled to a homestead exemption claim or property tax credit claim, or both,under this chapter.VT LEG #384389 v.1No. 73 Page 124 of 1472025(b) Other states. An individual who received a homestead exemption orcredit with respect to property taxes assessed by another state for the taxableyear shall not be entitled to receive a credit under this chapter.(c) Dollar amount. No taxpayer claimant shall receive a renter credit undersubsection 6066(b) of this title in excess of $2,500.00. No taxpayer claimantshall receive a municipal property tax credit under subdivision 6066(a)(3)(2) ofthis title greater than $2,400.00 or cumulative credit under subdivisions6066(a)(1)-(2) and (4) of this title greater than $5,600.00.§ 6068. APPLICATION AND TIME FOR FILING(a) A homestead property tax exemption or municipal property tax creditclaim or request for allocation of an income tax refund to homestead statewideeducation property tax payment shall be filed with the Commissioner on orbefore the due date for filing the Vermont income tax return, withoutextension, and shall describe the school district in which the homesteadproperty is located and shall particularly describe the homestead property forwhich the exemption or credit or allocation is sought, including the schoolparcel account number prescribed in subsection 5404(b) of this title. A rentercredit claim shall be filed with the Commissioner on or before the due date forfiling the Vermont income tax return, without extension.(b)(1) If the a claimant files a municipal property tax credit claim afterOctober 15 but on or before March 15 of the following calendar year, themunicipal property tax credit under this chapter:VT LEG #384389 v.1No. 73 Page 125 of 1472025(1)(A) shall be reduced in amount by $150.00, but not below $0.00;(2)(B) shall be issued directly to the claimant; and(3)(C) shall not require the municipality where the claimant’s propertyis located to issue an adjusted homestead property tax bill.(2) If a claimant files a homestead property tax exemption claim underthis chapter after October 15 but on or before March 15 of the followingcalendar year, the claimant shall pay a penalty of $150.00 and the municipalitywhere the claimant’s property is located shall not be required to issue anadjusted property tax bill.(c) No request for allocation of an income tax refund or for a renter creditclaim may be made after October 15. No homestead property tax exemption ormunicipal property tax credit claim may be made after March 15 of thecalendar year following the due date under subsection (a) of this section.***§ 6070. DISALLOWED CLAIMSA claim shall be disallowed if the claimant received title to his or her theclaimant’s homestead primarily for the purpose of receiving benefits under thischapter.§ 6071. EXCESSIVE AND FRAUDULENT CLAIMS(a) In any case in which it is determined under the provisions of this titlethat a claim is or was excessive and was filed with fraudulent intent, the claimshall be disallowed in full and the Commissioner may impose a penalty equalVT LEG #384389 v.1No. 73 Page 126 of 1472025to the amount claimed. A disallowed claim may be recovered by assessmentas income taxes are assessed. The assessment, including assessment ofpenalty, shall bear interest from the date the claim was credited againstproperty tax or income tax or paid by the State until repaid by the claimant atthe rate per annum established from time to time by the Commissionerpursuant to section 3108 of this title. The claimant in that case, and any personwho assisted in the preparation of filing of such excessive claim or suppliedinformation upon which the excessive claim was prepared, with fraudulentintent, shall be fined not more than $1,000.00 or be imprisoned not more thanone year, or both.(b) In any case in which it is determined that a claim is or was excessive,the Commissioner may impose a 10 percent penalty on such excess, and if theclaim has been paid or credited against property tax or income tax otherwisepayable, the municipal property tax credit or homestead exemption shall bereduced or canceled and the proper portion of any amount paid shall besimilarly recovered by assessment as income taxes are assessed, and suchassessment shall bear interest at the rate per annum established from time totime by the Commissioner pursuant to section 3108 of this title from the dateof payment or, in the case of credit of a municipal property tax bill undersection 6066a of this title, from December 1 of the year in which the claim isfiled until refunded or paid.***VT LEG #384389 v.1No. 73 Page 127 of 1472025§ 6073. REGULATIONS RULES OF THE COMMISSIONERThe Commissioner may, from time to time, issue adopt, amend, andwithdraw regulations rules interpreting and implementing this chapter.§ 6074. AMENDMENT OF CERTAIN CLAIMSAt any time within three years after the date for filing claims undersubsection 6068(a) of this chapter, a claimant who filed a claim by October 15may file to amend that claim with regard to housesite value, housesiteeducation tax, housesite municipal tax, and ownership percentage or to correctthe amount of household income reported on that claim.Sec. 53. DEPARTMENT OF TAXES; HOMESTEAD EXEMPTION;REPORT(a) It is the intent of the General Assembly to transition the way income-based property tax relief is provided to homestead property owners from theexisting credit system towards an income-based homestead exemption.(b) On or before December 15, 2026, the Department of Taxes, inconsultation with the Joint Fiscal Office, shall submit a proposal to the HouseCommittee on Ways and Means and the Senate Committee on Financedesigning a homestead exemption structure that minimizes the:(1) property tax impacts for homestead property owners under the neweducation tax structure established in this act; and(2) benefit cliffs compared to those in the existing credit system.(c) The Department of Taxes shall additionally include with its proposal:VT LEG #384389 v.1No. 73 Page 128 of 1472025(1) recommendations for an inflationary adjustment measure suited tothe income sensitivity and housesite value measures of the proposedhomestead exemption;(2) an analysis of the implications of moving to income sensitivitymeasures that provide benefits to households with household income of up to$175,000.00 a year; and(3) updates to the homestead declaration under 32 V.S.A. § 5410 toaddress the implementation of the proposed homestead exemption, which maybe provided as a sample form.* * * Conforming Revisions; Property Tax Credit Repeal * * *Sec. 54. 11 V.S.A. § 1608 is amended to read:§ 1608. ELIGIBILITY FOR PROPERTY TAX RELIEFMembers of cooperative housing corporations shall be eligible to apply forand receive a homestead property tax adjustment exemption and municipalproperty tax credit under 32 V.S.A. § 6066, subject to the conditions ofeligibility set forth therein.Sec. 55. 32 V.S.A. § 3102(j) is amended to read:(j) Tax bills prepared by a municipality under subdivision 5402(b)(1) ofthis title showing only the amount of total tax due shall not be consideredconfidential return information under this section. For the purposes ofcalculating credits the homestead property tax exemption and the municipalproperty tax credit under chapter 154 of this title, information provided by theVT LEG #384389 v.1No. 73 Page 129 of 1472025Commissioner to a municipality under subsection 6066a(a) of this title andinformation provided by the municipality to a taxpayer under subsection6066a(f) shall be considered confidential return information under this section.Sec. 56. 32 V.S.A. § 3206(b) is amended to read:(b) As used in this section, “extraordinary relief” means a remedy that iswithin the power of the Commissioner to grant under this title, a remedy thatcompensates for the result of inaccurate classification of property as homesteador nonhomestead pursuant to section 5410 of this title through no fault of thetaxpayer, or a remedy that makes changes to a taxpayer’s homestead propertytax exemption, municipal property tax credit, or renter credit claim necessaryto remedy the problem identified by the Taxpayer Advocate.* * * Education Fund Advisory Committee * * *Sec. 57. 32 V.S.A. § 5414 is amended to read:§ 5414. CREATION; EDUCATION FUND ADVISORY COMMITTEE(a) Creation. There is created the Education Fund Advisory Committee tomonitor Vermont’s education financing system, conduct analyses, assist withthe transformation of Vermont’s education finance system, and perform theduties under subsection (c) of this section.***(c) Powers and duties.(1) Annually, on or before December 15, the Committee shall makerecommendations to the General Assembly regarding:VT LEG #384389 v.1No. 73 Page 130 of 1472025(A) updating the weighting factors using the weighting model andmethodology used to arrive at the weights enacted under 2022 Acts andResolves No. 127 for the foundation formula, which may include recalibration,recalculation, adding or eliminating weights, or any combination of theseactions, as necessary;(B) changes to, or the addition of new or elimination of existing,categorical aid, as necessary;(C) changes to income levels eligible for a property tax credithomestead exemption under section 6066 of this title;(D) means to adjust the revenue sources for the Education Fund;(E) means to improve equity, transparency, and efficiency ineducation funding statewide;(F) the amount of the Education Fund stabilization reserve;(G) school district use of reserve fund accounts; and(H) national best practices for addressing intra-school district effectsof a foundation formula, including through the use of weighting factors;(I) how to maintain intra-district equity under Vermont’s foundationformula;(J) whether weighted foundation formula payments lead to improvedoutcomes across all populations; and(K) any other topic, factor, or issue the Committee deems relevant toits work and recommendations.VT LEG #384389 v.1No. 73 Page 131 of 1472025***Sec. 58. [Deleted.]Sec. 59. [Deleted.]* * * Property Classification * * *Sec. 60. 32 V.S.A. § 4152 is amended to read:§ 4152. CONTENTS(a) When completed, the grand list of a town shall be in such form as theDirector prescribes and shall contain such information as the Directorprescribes, including:(1) In alphabetical order, the name of each real property owner and eachowner of taxable personal property.(2) The last known mailing address of all such owners.(3) A brief description of each parcel of taxable real estate in the town,including a classification assigned pursuant to section 4152a of this title.“Parcel” As used in this subdivision, “parcel” means a separate and sellable lotor piece of real estate. Parcels may be combined to represent all contiguousland in the same ownership, together with all improvements thereon.***Sec. 61. 32 V.S.A. § 4152a is added to read:§ 4152a. PROPERTY TAX CLASSIFICATIONS(a) The grand list of a town shall include one or more tax classifications foreach parcel of real estate. A parcel shall be classified using one of the generalVT LEG #384389 v.1No. 73 Page 132 of 1472025classes of real estate listed under subsection (b) of this section and based on theconsiderations set forth in this section and by guidance provided by theDivision of Property Valuation and Review. The listers and assessors shallannually update the grand list to include a tax classification not later than June1 of every year, using information submitted to the Department of Taxespursuant to this section. The tax classification may be updated after June 1when a taxpayer files, or corrects an erroneously filed, homestead declarationafter June 1.(b) A parcel shall be assigned one or more of the following general classes:(1) Homestead;(2) Nonhomestead nonresidential; and(3) Nonhomestead residential.(c) As used in this section:(1) “Homestead” means a parcel, or portion of a parcel, declared as ahomestead on or before October 15 in accordance with section 5410 of thistitle for the current year.(2) “Nonhomestead nonresidential” means a parcel, or portion of aparcel, that does not qualify as “homestead,” or “nonhomestead residential”under this section.(3) “Nonhomestead residential” means a parcel, or portion of a parcel,for which a homestead was not declared in accordance with section 5410 ofVT LEG #384389 v.1No. 73 Page 133 of 1472025this title for the current year and that has a residential property, as defined bythe Commissioner by rule.(d) A parcel with two or more portions qualifying for different taxclassifications under this section shall be classified proportionally based on thepercentage of floor space used.(1) In the case of a homestead with 25 percent or less of floor space usedfor a business purpose, the parcel shall be classified as a homestead pursuant tosubdivision 5401(a)(7)(F) of this title.(2) If a portion of floor space is used for more than one purpose, the usein which the floor space is most often used shall be considered the primary useand the floor space shall be dedicated to that use for purposes of taxclassification.(e) The Commissioner shall amend existing forms, and publish new forms,as needed to gather the necessary attestations and declarations required underthis section.(f) Nothing in this section shall be construed to alter the tax treatment orenrollment eligibility of property as it relates to use value appraisal underchapter 124 of this title.(g) Persons aggrieved by a decision to classify property for taxationpurposes under this section may appeal in the manner provided for propertyvaluation appeals under this title.VT LEG #384389 v.1No. 73 Page 134 of 1472025Sec. 61a. PROPERTY TAX CLASSIFICATIONS; TRANSITION; DATACOLLECTIONFor calendar year 2027, the Commissioner of Taxes shall amend and createforms so that taxpayers report information on the use of their property for suchproperty to be classified as homestead, nonhomestead residential,nonhomestead nonresidential, or a proportional classification of those uses.The information collected, and classifications determined, shall align with thedefinitions and requirements of Sec. 61 of this act. The Commissioner shalluse the information to determine and assign a tax classification for every grandlist parcel and, on or before October 1, 2027, the Commissioner shall providethat information to the Joint Fiscal Office.Sec. 61b. PROPERTY TAX CLASSIFICATIONS IMPLEMENTATIONREPORT(a) The Commissioner of Taxes shall study the implementation of newproperty tax classifications under this act and identify any further actionsrequired by the Department of Taxes, Vermont municipalities, and the GeneralAssembly to successfully implement the new tax classification system on thetimeline established by this act. The issues considered by the Commissionershall include any adjustments to the statutory definitions, any needed changesto existing forms, whether new forms or taxpayer filings are needed, and howthe Department could identify parcels with dwelling units that do not have anaffiliated homestead declaration or landlord certificate on file.VT LEG #384389 v.1No. 73 Page 135 of 1472025(b) The Commissioner shall additionally recommend sets of tax ratemultipliers to be applied under 32 V.S.A. § 5402(a) as amended by this act.(1) The Commissioner shall recommend a multiplier set that wouldensure any new revenue derived from the nonhomestead residentialclassification would cover the cost to the Education Fund caused by thehomestead property tax exemption under 32 V.S.A. § 6066(a) as amended bythis act.(2) The Commissioner shall recommend a different multiplier set thatwould ensure that any new revenue derived from the nonhomestead residentialclassification would mitigate forecasted property tax increases on homesteadproperty taxpayers caused by the implementation of this act.(c) On or before December 15, 2025, the Commissioner of Taxes shallsubmit a study report detailing the Commissioner’s findings under this sectionto the House Committee on Ways and Means and the Senate Committee onFinance.Sec. 61c. TAX CLASSIFICATIONS; RATE MULTIPLIERS; INTENTIt is the intent of the General Assembly that the creation of a taxclassification system, and the specific tax classifications to be used by thatsystem, will be reevaluated at the same time as any further amendment of thetax rate multipliers created under 32 V.S.A. § 6066(a) as amended by this act.VT LEG #384389 v.1No. 73 Page 136 of 1472025Sec. 61d. PROSPECTIVE REPEAL OF TAX CLASSIFICATIONSIn order to ensure successful implementation of education finance reform asset forth in this act, in the absence of legislative action on or before July 1,2028 that creates a new tax rate multiplier to be used in a tax classificationsystem, subdivision (f)(10) of Sec. 70 of this act is repealed on July 1, 2028.* * * Regional Assessment Districts * * *Sec. 62. 32 V.S.A. chapter 121, subchapter 1A is added to read:Subchapter 1A. Statewide and Regional Property Assessment§ 3415. LEGISLATIVE INTENTIt is the intent of the General Assembly in adopting this subchapter to createregional assessment districts so that:(1) properties on grand lists are regularly reappraised;(2) property data collection is consistent and standardized across theState; and(3) property valuation is conducted by trained and certified individualsand firms.§ 3416. REGIONAL ASSESSMENT DISTRICTS; ESTABLISHMENT(a) There are hereby established 12 regional assessment districts, whosemember municipalities shall fully and jointly reappraise their grand lists everysix years pursuant to subsection 3417(b) of this subchapter. Membermunicipalities shall contract jointly with one or more third parties to conductreappraisals.VT LEG #384389 v.1No. 73 Page 137 of 1472025(b) Each county shall constitute one regional assessment district, exceptthat Franklin and Grand Isle Counties shall constitute one district and Essexand Orleans Counties shall constitute one district.§ 3417. STANDARD GUIDELINES; PROCEDURES; RULEMAKING(a) The Director of Property Valuation and Review shall establish standardguidelines and procedures, and may adopt rules, for regional assessmentdistricts, including:(1) guidelines for contracting with third parties to conduct or assist withreappraisals, including standard reappraisal contract terms;(2) standards for the collection and recordation of parcel data;(3) requirements relating to information technology, including standardsfor data software contracts and computer-assisted mass appraisal systems; and(4) standardized practices for a full reappraisal, including cases in whichphysical inspections are unnecessary and how technology is to be utilized.(b) The Director of Property Valuation and Review shall establish aschedule for each regional assessment district to fully reappraise every sixyears. The Director, at the Director’s discretion, may alter the reappraisalschedule for a regional assessment district or for one or more of a regionalassessment district’s member municipalities.* * * Transition to Regional Assessment Districts * * *Sec. 63. TRANSITION; ANNUAL PROGRESS REPORTVT LEG #384389 v.1No. 73 Page 138 of 1472025(a) Notwithstanding 32 V.S.A. § 4041a or any other provision of law to thecontrary:(1) the Director of Property Valuation and Review shall not order anynew municipal reappraisals of grand list properties that is not part of aregionalized reappraisal system on and after January 1, 2027;(2) a reappraisal order for which a municipality does not have a contractin place before January 1, 2030 shall no longer have the force and effect of lawon and after January 1, 2030, except for those that are part of a regionalizedreappraisal system; and(3) a municipality shall not enter into a new reappraisal contract on orafter January 1, 2027, except for those that are part of a regionalizedreappraisal system.(b) On or before every January 15 from January 15, 2027 to January 15,2030, the Commissioner of Taxes shall submit a report to the HouseCommittee on Ways and Means and the Senate Committee on Finance relatingto the progress made in preparing for the implementation of regionalassessment districts pursuant to this act.Sec. 64. REGIONAL ASSESSMENT DISTRICT STAKEHOLDERWORKING GROUPOn or before January 15, 2026, the Department of Taxes, in consultationwith relevant stakeholders, shall submit recommendations to the HouseCommittee on Ways and Means and the Senate Committee on FinanceVT LEG #384389 v.1No. 73 Page 139 of 1472025advising on the implementation of regional assessment districts and on thedevelopment of guidelines, procedures, and rules needed to effectuate aregionalized reappraisal system. The recommendations will include ananalysis of the advantages and disadvantages of having the State take fullresponsibility for regionalized appraisals. In making its recommendation, theDepartment of Taxes shall provide suggestions for legislative language thataddress:(1) the authority or authorities who will contract for and conductreappraisals;(2) the authority or authorities who will hear and decide propertyvaluation appeals;(3) amendments necessary to conform statute to the change from anApril 1 to January 1 grand list assessment date; and(4) any other recommended revisions to achieve a regionalizedreappraisal system.* * * Miscellaneous Tax * * *Sec. 65. 32 V.S.A. § 6066a(f)(1) is amended to read:(f)(1) For taxpayers and amounts stated in the notice to towns on or beforeJuly 1, municipalities shall create and send to taxpayers a homestead propertytax bill, instead of the bill required under subdivision 5402(b)(1) of this title,providing the total amount allocated to payment of homestead educationproperty tax liabilities and notice of the balance due. Nothing in thisVT LEG #384389 v.1No. 73 Page 140 of 1472025subdivision, however, shall be interpreted as altering the requirement undersubdivision 5402(b)(2) of this title that the statewide education homestead taxbe billed in a manner that is stated clearly and separately from any other tax.Municipalities shall apply the amount allocated under this chapter to currentyear property taxes in equal amounts to each of the taxpayers’ property taxinstallments that include education taxes. Notwithstanding section 4772 of thistitle, if a town issues a corrected bill as a result of the notice sent by theCommissioner under subsection (a) of this section, issuance of the correctednew bill does not extend the time for payment of the original bill nor relievethe taxpayer of any interest or penalties associated with the original bill. If thecorrected bill is less than the original bill, and there are also no unpaid currentyear taxes, interest, or penalties, and no past year delinquent taxes or penaltiesand interest charges, any overpayment shall be reflected on the corrected taxbill and refunded to the taxpayer.Sec. 66. 32 V.S.A. § 5252 is amended to read:§ 5252. LEVY AND NOTICE OF SALE; SECURING PROPERTY(a) When the collector of taxes of a town or of a municipality within it hasfor collection a tax assessed against real estate in the town and the taxpayerowes a minimum of $1,500.00 and is delinquent for a period longer than oneyear, the collector may extend a warrant on such land. However, no warrantshall be extended until a delinquent taxpayer is given an opportunity to enter awritten reasonable repayment plan pursuant to subsection (c) of this section. IfVT LEG #384389 v.1No. 73 Page 141 of 1472025a collector receives notice from a mobile home park owner pursuant to 10V.S.A. § 6248(b), the collector shall, within 15 days after the notice,commence tax sale proceedings to hold a tax sale within 60 days after thenotice. If the collector fails to initiate such proceedings, the town may initiatetax sale proceedings only after complying with 10 V.S.A. § 6249(f). If the taxcollector extends the warrant, the collector shall:***Sec. 67. 32 V.S.A. § 4465 is amended to read:§ 4465. APPOINTMENT OF PROPERTY VALUATION HEARINGOFFICER; OATH; PAYWhen an appeal to the Director is not withdrawn or forwarded by theDirector to Superior Court pursuant to subsection 4461(a) of this title, theDirector shall refer the appeal in writing to a person not employed by theDirector, appointed by the Director as hearing officer. The Director shall havethe right to remove a hearing officer for inefficiency, malfeasance in office, orother cause. In like manner, the Director shall appoint a hearing officer to fillany vacancy created by resignation, removal, or other cause. Before enteringinto their duties, persons appointed as hearing officers shall take and subscribethe oath of the office prescribed in the Constitution, which oath shall be filedwith the Director. The Director Commissioner of Taxes shall pay each hearingofficer a sum not to exceed $150.00 per diem for each day wherein hearingsare held $38.00 per hour plus a cost-of-living adjustment in an amount equal toVT LEG #384389 v.1No. 73 Page 142 of 1472025any adjustment approved for exempt employees by the Secretary ofAdministration, together with reasonable expenses as the DirectorCommissioner may determine. A hearing officer may subpoena witnesses,records, and documents in the manner provided by law for serving subpoenasin civil actions and may administer oaths to witnesses.Sec. 68. 32 V.S.A. § 5402(c)(2) is amended to read:(2) The Secretary of Education shall determine each municipality’s netnonhomestead education tax payment and its net homestead education taxpayment to the State based on grand list information received by the Secretarynot later than the March 15 prior to the June 1 net payment. Payment shall beaccompanied by a return prescribed by the Secretary of Education. Eachmunicipality may retain 0.225 of one percent of the total education taxcollected, only upon timely remittance of net payment to the State Treasurer orto the applicable school district or districts. Each municipality may also retain$15.00 for each late property tax credit claim filed after April 15 and beforeSeptember 2, as notified by the Department of Taxes, for the cost of issuing anew property tax bill.Sec. 69. 32 V.S.A. § 5401(13) is amended to read:(13)(A) “Education property tax spending adjustment” means thegreater of one or a fraction in which:(i) the numerator is the district’s per pupil education spending plusexcess spending for the school year, andVT LEG #384389 v.1No. 73 Page 143 of 1472025(ii) the denominator is the property dollar equivalent yield for theschool year, as defined in subdivision (15) of this section, multiplied by thestatewide adjustment.(B) “Education income tax spending adjustment” means the greaterof one or a fraction in which the numerator is the district’s per pupil educationspending plus excess spending for the school year, and the denominator is theincome dollar equivalent yield for the school year, as defined in subdivision(16) of this section.* * * Effective Dates * * *Sec. 70. EFFECTIVE DATES(a) This section and the following sections shall take effect on passage:(1) Sec. 1 (findings; intent; plan);(2) Sec. 2 (Commission on the Future of Public Education);(3) Sec. 3 (School District Redistricting Task Force);(4) Sec. 4 (School District Voting Ward Working Group);(5) Sec. 28a (State Board of Education tuition fee rules);(6) Sec. 32 (Agency of Education transformation support);(7) Sec. 33 (Agency of Education positions);(8) Sec. 44 (transportation reimbursement guidelines);(9) Sec. 45 (inflationary measures; prekindergarten; reports);(10) Sec. 45a (foundation formula report);(11) Sec. 45c (Education Fund Advisory Committee; delay);VT LEG #384389 v.1No. 73 Page 144 of 1472025(12) Sec. 53 (homestead exemption report);(13) Sec. 61b (property tax classifications implementation report);(14) Sec. 61c (tax classifications intent);(15) Sec. 61d (prospective repeal);(16) Sec. 63 (regional assessment district transition; progress report);(17) Sec. 64 (RAD stakeholder working group);(18) Sec. 65 (inadvertently removed language);(19) Sec. 66 (minimum debt for tax sales);(20) Sec. 68 (property tax credit late fee); and(21) Sec. 69 (statewide adjustment correction).(b) The following sections shall take effect on July 1, 2025:(1) Sec. 5 (scale; intent);(2) Sec. 8 (SBE rules; report);(3) Sec. 9 (AOE report; school calendar; graduation requirements);(4) Sec. 10 (SBE rule review; appropriation);(5) Sec. 14 (16 V.S.A. § 3443);(6) Sec. 15 (School Construction Advisory Board sunset);(7) Sec. 21 (16 V.S.A. § 828);(8) Sec. 22 (tuition transition);(9) Sec. 23 (state-level governance; intent);(10) Sec. 24 (16 V.S.A. § 161);(11) Sec. 25 (SBE appointments transition);VT LEG #384389 v.1No. 73 Page 145 of 1472025(12) Sec. 26 (16 V.S.A. § 162);(13) Sec. 29 (special education report);(14) Sec. 30 (AOE special education strategic plan);(15) Sec. 31 (AOE position); and(16) Sec. 67 (PVR hearing officer pay).(c) The following sections shall take effect on July 1, 2026:(1) Sec. 6 (class size minimums);(2) Sec. 7 (failure to comply with class size minimums);(3) Sec. 12 (school construction policy);(4) Sec. 13 (16 V.S.A. § 3442);(5) Sec. 16 (16 V.S.A. § 3444);(6) Sec. 17 (16 V.S.A. § 3445);(7) Sec. 18 (16 V.S.A. § 3446);(8) Sec. 19 (transfer of rulemaking authority); and(9) Sec. 20 (repeals).(d) Sec. 48 (December 1 letter) shall take effect on July 1, 2027.(e) Sec. 61a shall take effect on January 1, 2027, provided that the GeneralAssembly has enacted new school district boundaries between the enactmentof this act and January 1, 2027.(f) The following sections shall take effect on July 1, 2028, provided thatthe new school districts contemplated by this act have assumed responsibilityfor the education of all resident students and that the expert tasked withVT LEG #384389 v.1No. 73 Page 146 of 1472025developing a cost-factor foundation formula has provided to the GeneralAssembly the report pursuant to Sec. 45a to provide the General Assembly anopportunity to enact legislation in consideration of the report:(1) In Sec. 27, 16 V.S.A. § 823(a) and (d);(2) Sec. 28 (tuition repeals);(3) Secs. 34–43 (transition to cost-factor foundation formula);(4) Sec. 45b (educational opportunity payment transition);(5) Secs. 46, 47, 49, and 50 (statewide education tax; supplementaldistrict spending tax);(6) Sec. 46a (supplemental district spending tax; cap; transition);(7) Sec. 48a (tax rate transition);(8) Secs. 51, 52, and 54–56 (property tax credit repeal; creation ofhomestead exemption);(9) Sec. 57 (Education Fund Advisory Committee; review of foundationformula); and(10) Secs. 60 and 61 (property tax classifications).(g) In Sec. 27, 16 V.S.A. § 823(b) and (c) shall take effect on July 1, 2028,provided that the new school districts contemplated by this act have assumedresponsibility for the education of all resident students and that the cost-factorfoundation formula report required pursuant to Sec. 45a contains evidence thatit costs more to educate students in grades nine through 12 but the GeneralAssembly has failed to enact legislation to add a secondary student weight.VT LEG #384389 v.1No. 73 Page 147 of 1472025(h) Sec. 62 (regional assessment districts) shall take effect on January 1,2029.Date Governor signed bill: July 1, 2025VT LEG #384389 v.1
An act relating to transforming Vermont’s education governance, quality, and finance systems
Sponsors
Rep. Casey Toof (R) sponsors H 454, and 4 members have co-sponsored it.
Committees
H 454 went before 4 committees: Education, Ways and Means, Appropriations and Finance.
History
H 454 has taken 115 actions since Feb 28, 2025, the latest on Jun 16, 2025.
| Chamber | Action | |||
|---|---|---|---|---|
Jun 16, 2025 | Senate | Entered on Notice Calendar | ||
Jun 16, 2025 | Senate | Rules suspended & taken up for immediate consideration, on motion of Senator Baruth | ||
Jun 16, 2025 | Senate | Committee of Conference report submitted by Senator Bongartz for Committee, text | ||
Jun 16, 2025 | Senate | Point of order raised by Senator Vyhovsky on ground Conference Committee breached Sec. 771.2 of Mason's Manual of Legislative Procedure | ||
Jun 16, 2025 | Senate | Point of order sustained by the President |
Votes
H 454 went to 6 roll calls across both chambers, the latest on Jun 16, 2025 at 26–3.
| Chamber | Question | Yea | Nay | |||
|---|---|---|---|---|---|---|
Jun 16, 2025 | Senate | Roll Call, requested by Senator Gulick, Passed -- Needed 22 of 29 to Pass -- Yeas = 26, Nays = 3 | 26 | 3 | ||
Jun 16, 2025 | Senate | Committee of Conference report adopted on roll call Passed -- Needed 15 of 29 to Pass -- Yeas = 17, Nays = 12 | 17 | 12 | ||
Jun 16, 2025 | House | Which was agreed to on a Roll Call Passed -- Needed 71 of 141 to Pass -- Yeas = 96, Nays = 45 | 96 | 45 | ||
May 23, 2025 | Senate | Roll Call, requested by Senator Ingalls, Failed -- Needed 15 of 30 to Pass -- Yeas = 13, Nays = 17 | 13 | 17 | ||
Apr 11, 2025 | House | Roll Call Results Failed -- Needed 72 of 143 to Pass -- Yeas = 60, Nays = 83 | 60 | 83 |
Source: legislature.vermont.gov · legiscan.com