Code of Vermont Rules
Agency 22 - DEPARTMENT OF EDUCATION
Sub-Agency 000 - GENERAL
Chapter 003 - STATE BOARD RULE 2000 EDUCATION QUALITY STANDARDS
Section 22 000 003 - STATE BOARD RULE 2000 EDUCATION QUALITY STANDARDS
Current through August, 2024
The purpose of these rules is to ensure that all students in Vermont public schools are afforded educational opportunities that are substantially equal in quality, and enable them to achieve or exceed the standards approved by the State Board of Education.
Section 2000 EDUCATION QUALITY STANDARDS
Section 2100 STATUTORY AUTHORITY
16 V.S.A. §§ 164 and 165
Section 2110 STATEMENT OF PURPOSE
The purpose of these rules is to ensure that all students in Vermont public schools are afforded educational opportunities that are substantially equal in quality, and enable them to achieve or exceed the standards approved by the State Board of Education.
These rules are designed to ensure continuous improvement in student performance, instruction and leadership to enable students to attain rigorous standards in high-quality programs.
Nothing herein shall be construed to entitle any student to educational programs or services identical to those received by other students in the same or different school districts. Further, nothing herein shall create a private right of action. These rules are in addition to and, unless otherwise specifically stated, do not supersede other rules contained in the Vermont State Board of Education Manual of Rules and Practices.
Section 2111 ADOPTION OF PERFORMANCE STANDARDS
Pursuant to 16 V.S.A. § 164(9), the State Board of Education will implement and periodically update standards for student learning in appropriate content areas from kindergarten to grade 12. Supervisory union boards shall use the standards as the basis for the development and selection of curriculum, methods of instruction, locally developed assessments, and the content and skills taught and learned in school.
Section 2112 EDUCATION QUALITY STANDARDS
In order to carry out Vermont's policy that all public school children will be afforded educational opportunities which are substantially equal in quality, and in order to ensure continuous improvement in student performance, each public school shall meet the following education quality standards, and annually report to the community in an understandable and comprehensive form as required in 16 V.S.A. § 165(a)(2).
Section 2113 FEDERAL AND STATE ENTITLEMENTS; NONDISCRIMINATION
Each school or supervisory union shall ensure that students are furnished educational and other services in accordance with state and federal entitlements and requirements.
No student in a public school or independent school shall be excluded from participation in, be denied the benefits of, or be subject to discrimination under any educational program or activity as the result of, or based upon, the student's race, gender, color, creed, national origin, marital status, sexual orientation, gender identity or disability, or any other reason set forth in state or federal non-discrimination requirements.
Each supervisory union shall develop, and each school shall implement, a system of maintaining student records that aligns with Agency of Education statewide data collections; which enables accurate and timely reporting in connection with state and federal data collection requirements; and ensures the accuracy, relevancy and confidentiality thereof, and accessibility thereto; and which is in compliance with the federal Family Education Rights and Privacy Act of 1974 ( P.L. 95-380 as amended from time to time).
Student records shall be safely retained. For grades 9-12, the transcripts of graduates and dropouts shall be permanently maintained and the academic records may be permanently maintained.
Each school shall adopt and implement policies consistent with the federal Protection of Pupil Rights Act ( 20 U.S.C. §1232 h) regarding surveys, analyses and evaluations.
Section 2114 DEFINITIONS
The following definitions shall apply to these rules unless the context clearly requires otherwise:
Section 2120 CURRICULUM AND INSTRUCTION
Instructional practices shall promote personalization for each student, and enable each student to successfully engage in the curriculum and meet the graduation requirements. Classroom instruction shall include a range of research-based instructional practices that most effectively improve student learning, as identified by national and Vermont guidance and locally collected and analyzed student data.
Schools must provide students the opportunity to experience learning through flexible and multiple pathways, including but not limited to career and technical education, virtual learning, work-based learning, service learning, dual enrollment and early college. Learning must occur under the supervision of an appropriately licensed educator. Learning expectations must be aligned with state expectations and standards.
Students must be allowed to demonstrate proficiency by presenting multiple types of evidence, including but not limited to teacher-or student-designed assessments, portfolios, performances, exhibitions and projects.
Schools serving grades 9-12 shall coordinate with their designated career and technical education center to ensure genuine access and support for all eligible students as required in 16 V.S.A. § 1541a.
Schools shall ensure that students receive appropriate career counseling and program information regarding the availability of education and apprenticeship program offerings at career and technical centers. Demonstrations of learning such as credits or grades earned in an approved career and technical education course or program are subject to the requirements of 16 V.S.A. § 1545.
As required in 16 V.S.A. § 941, schools shall ensure all students in grades seven through 12 shall have a Personalized Learning Plan, which shall be a written document developed by the student, a representative of the school and, if the student is a minor, the student's parent or legal guardian. The Personalized Learning Plan shall describe the scope and rigor of learning opportunities and support services necessary for the student to achieve college and career readiness prior to graduation, and to attain a high school diploma. This plan must be reviewed at least annually.
This section is effective in accordance with the rolling implementation dates established in Section 14 of Act 77 of 2013, as may be amended.
Each supervisory union board shall ensure the written and delivered curriculum within their supervisory union is aligned with the standards approved by the State Board of Education. Each school shall enable students to engage annually in rigorous, relevant and comprehensive learning opportunities that allows them to demonstrate proficiency in
Each school shall provide students in grades K-8 with at least two physical education classes per week. Each school shall provide students in grades 9-12 with one and one-half years of physical education or the equivalent thereof.
Each school shall offer options for students in grades K-12 to participate in at least 30 minutes of physical activity within or outside of the school day. Physical activity may include recess and movement built into the curriculum, but does not replace physical education classes.
Each school shall provide appropriate learning opportunities to all students to support their attainment of the standards approved by the State Board of Education. As required in 16 V.S.A. § 2902, each public school shall provide support for students who require additional assistance in order to succeed or be challenged in the general education environment.
Each school shall provide comprehensive elementary and secondary health and physical education learning experiences, including the effects of tobacco, alcohol and drugs on the human system for all students in accordance with sections 16 V.S.A. § 131 and § 906(b)(3).
Each school shall ensure students are able to access academic and experiential learning opportunities that reflect their emerging abilities, interests and aspirations, as outlined in the students' Personalized Learning Plans.
As required in 16 V.S.A. § 261a(a)(1), the board of each supervisory union shall ensure that each school implements the supervisory union's written and delivered curriculum, which shall be
Each school with a pre-kindergarten early education program must offer high-quality programs as outlined in State Board Rule 2600.
A student meets the requirements for graduation when the student demonstrates evidence of proficiency in the curriculum outlined in 2120.5, and completion of any other requirements specified by the local board of the school attended by the student.
This requirement is effective no later than September 2014 for students entering seventh grade and through their secondary school progression, for the anticipated graduation date of June 2020, and with each subsequent incoming seventh grade class.
For students eligible for special education services under IDEA or protected by Section 504 of the federal Rehabilitation Act, the student shall meet the same graduation requirements as non-disabled peers in an accommodated and/or modified manner. These modifications will be documented in each student's Personalized Learning Plan.
The Individual Education Program (IEP) team or 504 Team is responsible for assuring that information regarding the student's individual skills, aptitudes and present levels of performance are incorporated into the student's Personalized Learning Plan. This shall ensure that the proficiency levels to meet graduation requirements are linked to local graduation requirements, individually accommodated and/or modified for students with disabilities, and written into the student's Personalized Learning Plan.
This process shall ensure that any student identified as a student with a disability will receive a regular high school diploma after meeting his/her individual graduation requirements as outlined in their Personalized Learning Plan. The development of an IEP does not supplant a Personalized Learning Plan, nor does a Personalized Learning Plan replace an IEP.
Each secondary school board is responsible for setting graduation requirements in accordance with these rules.
Local graduation policy must define proficiency-based graduation requirements based on standards adopted by the State Board of Education. As required in 16 V.S.A. § 261a(a)(1), it is the responsibility of the supervisory union board to ensure alignment in expectations for all students within a supervisory union.
Schools may or may not use credits for the purposes of demonstrating that a student has met the graduation requirements. When used, credits must specify the proficiencies demonstrated in order to attain a credit and shall not be based on time spent in learning. Further, students may receive credit for learning that takes place outside of the school, the school day, or the classroom. Any credits earned must occur under the supervision of an appropriately licensed educator.
Section 2121 PROFESSIONAL RESOURCES
The roles and responsibilities of the school's leadership, including the school board, superintendent and principal or career and technical center director shall conform to applicable provisions in 16 V.S.A. regarding authority and duties.
All school leaders must have sufficient time to carry out their responsibilities in order to focus on improving student learning. To accomplish that, the superintendent or his or her designee must:
The principal shall be answerable to the superintendent in the performance of his or her duties.
Schools with 10 or more full-time equivalent teachers shall employ a full-time licensed principal. Schools with fewer than 10 FTE teachers shall employ a licensed principal on a pro-rata basis.
As required in 16 V.S.A. § 1692, all professional staff shall be licensed and appropriately endorsed for their assignment. All classroom staff, including educational support personnel, shall have had adequate academic preparation and training to teach or provide services in the area to which they are assigned.
Each school shall employ instructional and administrative staff members who possess the knowledge and skills to implement the standards in alignment with professional educator standards established by the Vermont Standards Board for Professional Educators.
Each supervisory union shall employ licensed special education staff, and shall ensure each school employs sufficient and qualified staff as needed to identify students eligible for special education services and to implement each eligible student's Individual Education Program and Section 504 plan.
Classes in grades K-3, when taken together, shall average fewer than 20 students per teacher. In grades 4-12, when taken together, classes shall average fewer than 25 students per teacher. The total class roll of a teacher shall not exceed 100 students, except where the specific nature of the teacher's assignment (such as in certain art, music, or physical education programs) is plainly adaptable to the teaching of greater numbers of students while meeting the educational goals of the program.
School boards must establish optimum class size policies as consistent with statutory guidance from the Agency of Education. Class size must comply with state and federal safety requirements.
The services of a certified library media specialist shall be made available to students and staff. Schools with over 300 students shall have at least one full-time library media specialist and sufficient staff to implement a program that supports literacy, information and technology standards. Schools with fewer than 300 students shall employ a library media specialist on a pro-rata basis.
Each supervisory union shall develop and implement a system of appropriate needs-based professional learning for all professional staff, including administrators and other staff involved in student instruction, as required in 16 V.S.A. § 261a(a)(5). Time for professional learning should be embedded into the school day.
The school's professional learning system shall be aligned with its staff evaluation and supervision policies, Continuous Improvement Plan, supervisory union and district goals, and shall provide new staff members with appropriate opportunities for professional learning.
Mentoring shall be a component of each supervisory union's needs-based professional learning system. The superintendent or their designee shall determine the specifics of each mentoring program in their school(s) in accordance with the guidelines approved by the State Board of Education, Vermont Standards Board for Professional Educators, and state law addressing mentoring for educators.
For the purposes of this section, 1staff" includes administrators, educators, and other school employees working with students.
Staff evaluation programs and policies shall be designed and implemented with the goal of improved student outcomes. Such programs and policies shall
In accordance with 16 V.S.A. § 2902 and State Board Rule 2194, each school shall ensure that a tiered system of academic and behavioral supports is in place to assist all students in working toward attainment of the standards. This system shall be aligned with the school's Personalized Learning Plan structures, and specific student support services shall be specified within a student's Personalized Learning Plan.
School counseling services shall support the mission and vision of the school and shall be available to all students K-12. The services shall address students' academic, career, personal and social development. Such services shall be aligned and integrated with the work of other professionals in the school setting, as well as those in other educational and human services.
Staffing shall be filled by licensed school counselors and other student support personnel with sufficient staff to carry out the school counseling services, such as guidance counselors, Student Assistance Program counselors, home-school coordinators, English-as-a-Second-Language coordinators and school-based clinicians. At the elementary level, there shall be no more than 300 students per school counselor and other student support personnel. Schools with fewer than 300 students shall employ a school counselor and other student support personnel on a pro-rata basis. At the secondary level, there shall be no more than 200 students per school counselor and other student support personnel.
Health services, including health appraisal and counseling, communicable disease control, mental health, and emergency and first aid care, shall be made available in a confidential manner to students in each school. These health services shall be delivered in accordance with the school district's written policies and procedures, which shall be developed in collaboration with parents and community health resources.
The Vermont Department of Health recommends that schools and supervisory unions implement the School Nurse Leader School Health Services Delivery Model, which is consistent with the principles of the national Coordinated School Health Model, to ensure appropriate access and coverage across their district or supervisory union.
Each school shall engage the services of a person licensed as a School Nurse or Associate School Nurse. There shall be no more than 500 students per school nurse. Schools with fewer than 500 students shall employ a nurse on a pro-rata basis.
The school shall comply with requirements of state law relative to vision and hearing screening, immunization, and child abuse reporting, and federal law relating to invasive physical examinations in accordance with the Protection of Pupil Rights Act ( 20 U.S.C.§1232 h).
Schools shall participate in interagency teams as required by 33 V.S.A. § 4303 and any other requirement of law.
Section 2122 LEARNING ENVIRONMENT
Each school shall maintain a safe, orderly, civil, flexible and positive learning environment, which is free from hazing, harassment and bullying and based on sound instructional and classroom management practices and clear discipline and attendance policies that are consistently and effectively enforced.
The design and operation of the school facilities shall be in full compliance with all state and federal fire, health, and safety, chemical and architectural standards.
Each school's comprehensive plan for responding to student misbehavior, as required by 16 V.S.A. § 1161a(a), shall address student behavior, language, classroom attendance, clothing and treatment of property, as well as consequences for violations of policy, and shall be clear and consistently enforced.
Each school shall observe due process requirements as set forth in Rule 4300 et seq .
Each school shall:
Section 2123 STATE AND LOCAL COMPREHENSIVE ASSESSMENT SYSTEM
Each school shall administer assessments of student performance using methods developed by the State Board of Education under 16 V.S.A. § 164(9). Students who are unable to participate in district or state assessments shall be given an alternate assessment in accordance with law. Each school shall account for 100 percent of its students in regard to their participation in the state assessments.
Each supervisory union shall develop, and each school shall implement, a local comprehensive assessment system that
The performance criteria of the assessment system shall be clear and be communicated to teachers, administrators, students, parents and other community members. Students and parents shall be informed at least annually regarding progress toward achieving the standards. This includes providing information in students' native languages or otherwise accessible formats.
Implementation and support by the Agency will be determined by the Secretary.
Section 2124 REPORTING OF RESULTS
As required in 16 V.S.A. § 165(a)(2), each school shall report student and system performance results to the community at least annually in a format selected by the school board. The report shall at minimum include those elements listed in 16 V.S.A. § 165a(2) (A-K).
The performance criteria of the school shall be clear and be communicated to administrators, educators and other building staff.
Each supervisory union shall establish a secure student data system that enables regular access for teachers and administrators. Teachers shall have access to data on individual students whom they teach and aggregate data on student and system performance results. Administrators shall have access to individual student data and on student and system performance results.
For aggregate school data, in no case shall personally identifiable information on any student be revealed.
Section 2125 CONTINUOUS IMPROVEMENT PLAN
A Continuous Improvement Plan, as required in 16 V.S.A. § 165, shall be developed and implemented in each public school district. The plan shall be designed to improve the performance of all students enrolled in the district. If a school district comprises more than one school building, a combined plan for some or all the buildings may be developed. The plan, however, may reflect the different needs of individual schools.
The plan should be the overall planning and implementation document for the school, incorporating other planning requirements (either from the state, the federal government, local requirements, or external grant requirements) into a single planning document.
The plan shall be developed with the involvement of school board members, students, teachers, administrators, parents and other community members. The plan shall be reviewed at least annually for effectiveness toward meeting the stated goals, and shall be revised as necessary.
The plan shall include indicators provided by the Vermont Agency of Education as well as additional indicators determined locally. These indicators will identify student performance data obtained from state and local assessments and other information related to student performance which may include, but is not limited to, dropout and retention rates, attendance, course enrollment patterns and graduation rates. Indicators may also include data on school practices and leadership.
Agency support shall be differentiated in accordance with school needs, and shall work to reduce interventions for schools where student performance data indicates growth and success.
The school board shall approve the plan, which at minimum shall contain
Section 2126 SYSTEM FOR DETERMINING COMPLIANCE WITH EDUCATION QUALITY STANDARDS
On a two-year cycle published by the Agency, each school is required to file a copy of the school's Continuous Improvement Plan for the current school year. This includes listing of the indicators (both those required by the Vermont Agency of Education and additional indicators as desired for use by the school) used for reflection and creation of the school's Continuous Improvement Plan; a description of the accomplishments, progress and changes regarding goals and strategies from the previous year's Continuous Improvement Plan and other evidence of meeting Education Quality Standards.
The Vermont Agency of Education will conduct a review of all Vermont schools using one or more of the following strategies:
As required in 16 V.S.A. § 165(b), every two years the Secretary shall determine whether students in each Vermont public school are provided educational opportunities substantially equal to those provided in other public schools. If the Secretary determines that a school is not meeting the quality standards, he or she shall recommend actions that a district must take and offer technical assistance. If the school fails to meet the standards or make sufficient progress by the end of the next two-year period, recommendations will be made to the State Board of Education as outlined in 16 V.S.A. § 165(b).
16 V.S.A. § 165(f) regulates the process for an independent school to be designated as meeting Education Quality Standards, as well as the provision of technical assistance in the event that the State Board finds an independent school not meeting the standards or failing to make progress towards meeting the standards.
Section 2127 VARIANCE AND WAIVER
Upon written request of a school board, and after opportunity for hearing, the State Board of Education may approve an alternative method for meeting the requirements of these rules when
Upon request of a school board, the Secretary may waive class and caseload size requirements where
Unless exceptional circumstances are present, the Secretary shall respond to such requests within 10 days.
If any of these rules are in conflict with a provision in an existing collective bargaining agreement, the local board must provide an explanation to the Secretary to that effect, and if appropriate, a plan to address that conflict.
Section 2128 EFFECTIVE DATE
These rules, except as otherwise specified herein, shall become effective on 15 days after adoption is complete, in accordance with 3 V.S.A. § 845(d).
Implementation and support by the Agency will be determined by the Secretary.