Private schools had been deadlocked with public schools over special education rules and financial accountability.
The agreement on special education was made at the final meeting of a study committee that has been working since May to sort out differences over requirements for private schools that receive public tuition money. The panel missed a Dec. 1 legislative deadline to produce a report because the two sides couldn’t agree.
By the end of the last meeting, committee members unanimously agreed that “Vermont students with disabilities should be free to attend the schools that they, their parents and their local education agency deem most appropriate for them.”
A number of communities in Vermont have school choice, meaning private schools receive taxpayer dollars for student tuition. Private schools must be approved for state funding by the Agency of Education.
Schools have to be approved to teach 13 categories of special education. The major private academies in Vermont teach special education students, but some general education private schools aren’t approved for all categories. Public schools are legally obligated to teach any student with special needs who comes through the door.
In addition, private schools maintain selective admissions policies often tied to a particular mission. They use language such as “appropriate match” between student and school. And they had wanted a final say on whether a special education student would be admitted.
Seth Bongartz, board chair at Burr and Burton Academy in Manchester and one of the representatives for the private schools, initially said private schools agreed in theory with the statement that was ultimately approved. But he said they are concerned that small mission-driven schools would experience hardships.
“This is what we want,” Bongartz said. “I think the only issue we are having with this language is trying to sort out whether the child would otherwise be someone who would fit.”
“I don’t think there should be qualifications,” Baruth said. “If you can’t sign on to that sentence (ensuring access), then you are not committing to students with disabilities, and I feel that is the least this committee should come up with.”
After a short recess, the private school representatives returned and agreed to the statement.
Nicole Mace, head of the Vermont School Boards Association, representing public schools on the panel, said the breakthrough was “a very positive step forward.”
Since May, the panel of public officials and representatives of various interests have grappled with thorny issues raised by the State Board of Education, which tried to revise rules for the approval process for private schools that accept students who pay tuition with public dollars. The rule-making process stalled when private school advocates rejected proposals requiring private schools to accept all-comers, teach special education, and disclose finances.
Baruth, head of the Senate Education Committee, spearheaded the legislation last spring that created the study panel. Now he wants to continue the conversation in his Senate committee with the hope of writing language that solves the tough issues.
“We got the agreement” on one of the key issues, he said after Friday’s meeting. Baruth said he’s confident the Legislature can agree on language extending the mandate to educate special education students to private schools.
