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Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont



BILL AS INTRODUCED 2007-2008

S.16

Introduced by Senator Ayer of Addison District, Senator Giard of Addison District and Senator Lyons of Chittenden District
Referred to Committee on

Date:

Subject: Education; No Child Left Behind Act; noncompliance

Statement of purpose: This bill proposes to direct the state board of education not to comply with the testing and consequence provisions of the federal No Child Left Behind Act of 2001.

AN ACT RELATING TO NONCOMPLIANCE WITH THE NO CHILD LEFT BEHIND ACT

It is hereby enacted by the General Assembly of the State of Vermont:

Sec. 1. STATE BOARD OF EDUCATION; NONCOMPLIANCE WITH

THE NO CHILD LEFT BEHIND ACT

(a) The state board of education is directed not to implement amendments to Title I of the Elementary and Secondary Education Act of 1965 made in the reauthorization of the act under the No Child Left Behind Act of 2001. The board shall continue to implement the Vermont state assessment system as envisioned in No. 60 of the Acts of 1997, but shall not require more statewide testing than that authorized under Act 60. Further, the board shall not implement the adequate yearly progress system nor require schools and school districts to meet the highly qualified teacher provisions of Title I of the No Child Left Behind Act.

(b) Schools, school districts, supervisory unions, school administrators, teachers, other school personnel, the state board of education, and the state department of education shall comply with Vermont state law in which any provision of the federal No Child Left Behind Act of 2001 conflicts with state law.

Sec. 2. 16 V.S.A. 144b is amended to read:

144b. FEDERAL EDUCATION AID FUNDS; ADMINISTRATION

(a) The state board of education, as sole state agency, may administer such federal funds as may be made available to the state under Public Law 89-10, known as the Elementary and Secondary Education Act of 1965 as amended, and Public Law 107-110, known as the No Child Left Behind Act of 2001. Those funds may be accepted and shall be distributed and accounted for by the state treasurer in accordance with that law and rules and regulations of the United States issued under it if there is conflict between that law or those rules and regulations and the laws of this state.

(b) For purposes of distribution of funds under this section, a supervisory union or supervisory district shall be a local education agency as that term is defined in 20 U.S.C. 7801(26).

(c) For purposes of determining pupil performance and application of consequences for failure to meet standards and for provision of compensatory and remedial services pursuant to 20 U.S.C. 6311-6318, a school district shall be a local education agency.

Sec. 3. 16 V.S.A. 261a(4) and (6) are amended to read:

(4) in accordance with criteria established by the state board, establish a plan for receiving and disbursing federal and state funds distributed by the department of education, including funds awarded under P.L. 89-10, the Elementary and Secondary Education Act of 1965 as amended, except that the plan need not include provisions to comply with amendments to Title I of the act made after January 1, 2001;

(6) provide or, if agreed upon by unanimous vote at a supervisory union meeting, coordinate provision of the following educational services on behalf of member districts:

(A) special education;

(B) except as provided in section 144b of this title, compensatory and remedial services; and

(C) other services as directed by the state board and local boards;

Sec. 4. REPEAL

(a) 16 V.S.A. 563(26) is repealed.

(b) Secs. 2, 3, and 4 of No. 64 of the Acts of 2003, as amended by Sec. 2 of No. 114 of the Acts of the 2003 Adj. Sess. (2004) and Sec. 13 of No. 182 of the Acts of the 2005 Adj. Sess. (2006), are repealed.
































— Bill S. 16
Vermont General Assembly
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