[I]n a detailed three-page letter the Vermont Attorney General says that the State Board of Education has the authority to promulgate rules concerning private schools in Vermont.
State law not only enables and requires the SBE to make the rules, but also says it was the Legislature’s intent that the board do so.
“The Legislature has authorized the Board to adopt rules as necessary to fulfill its duties … as set forth herein, the draft proposed rule is authorized by and consistent with Vermont Statutes governing independent schools,” wrote chief assistant Vermont Attorney General Bill Griffin.
Griffin also references other provisions in Title 16 that support the direction the SBE has taken with the new protocols known as the Series 2200 draft rules.
Private schools, also called independent schools, that want to receive public tuition dollars have to be approved by the state board and renew that approval every five years.
The rules in question that guide the process haven’t been updated since 2001. In July, the State Board of Education approved draft rules written by the Agency of Education.
Under the proposed rules, private schools that receive public tuition money would have to provide special education services in all categories, be accredited by the New England Association of Schools and Colleges or the Office of Overseas Schools, be more open with financial documentation and offer open enrollment.
An attorney representing the Vermont Independent Schools Association, a group that advocates for private schools, argued that the SBE doesn’t have the authority to implement these rules without legislative changes. Mill Moore, executive director of VISA, declined an interview until he can consult the association’s attorney.
Bennington lawmakers Sens. Brian Campion and Dick Sears, both Democrats, said they are going to offer legislation in the 2017 session to strip the board of rule-making authority over private schools.
Campion said the board “misstepped” and argued that it was working outside the scope of the Legislature’s intent.
Both lawmakers hail from a part of the state where a number of towns pay tuition for students to attend private schools.
A misunderstanding of one of the rules caused a number of private school officials to believe they had to act in all ways like a public school. They believed that they would only be allowed to hire licensed teachers and would have to abandon boards of trustees.
Since they discovered that some educators were misinterpreting they law, the SBE has made numerous public announcements explaining that the rule only applies to national and local health and safety regulations.
The most controversial parts of the draft rules around financial documentation, special education services, open enrollment and to “comply with state and federal laws applicable to public schools, including those requiring a safe and healthy learning environment” are all supported by statute, according to the letter.
“Nothing in the draft proposed Series 2200 rules is inconsistent with this statutory framework,” Griffin wrote.
