Here are mid-session updates for the bills we have been following this session. Our "chance of passage" ratings take into account that our Legislature has been undertaking the monumental task of responding to the unprecedented challenges presented by the COVID-19 pandemic. 

< 20-0911 - An act relating to yields

Location: House Ways and Means
Last Action: 1/30/2020
Chance of Passage: 0/3

Overview: The draft bill proposes instituting the yielding recommendations from the UVM study. There were several days of testimony on this bill back in January, however the bill stalled out after Representative Till raised concerns about the impact on tax rates. The Senate version of the bill, S.46, is moving forward.

H. 209 - An act relating to ending the suspension of State aid for school construction projects

Location: House Ways and Means
Last Action: 3/10/2020
Chance of Passage: 2/3

Overview: This was a House Education Bill, pushed by school administration organizations like the Vermont Principals Association and the Vermont Superintendents Association. After a brief stop in the House Corrections and Institutions Committee, the bill landed in House Ways and Means. The Treasurer testified strongly in opposition to using state bonding capacity to fund school construction, which really ties the Legislature’s hands. More than likely, this will end up a study Committee as there are no clear options for moving forward with a statewide system this year.

Summary of Current Draft:

The bill would require a report from the Secretary of Education with recommendations for updating the current school construction facilities standards guidelines as well as a school needs and conditions assessment. Similarly, the State Board of Education (SBE) is tasked with updating the Capital Outlay Financing Formula which sets guidelines which set things like minimum and maximum square footage per school size and allowances per student. $1.5M is appropriated for these three reports, which are due January 15, 2021.

On or before December 15, 2023, the Secretary of Education is asked to identify challenges and opportunities for school funding projects. More importantly, it asks for recommended funding sources for a statewide approach to school construction as well as a comparison to what other states do.

H. 634 - An act relating to the State Ethics Commission

Location: House Health Care
Last Action: 3/10/2020
Chance of Passage: 1/3

Overview: The bill was introduced by Representatives Gannon and Harrison and referred to the House Government Operations Committee in the middle of January. The bill was not taken up until March 10 when they had a committee discussion about the bill and then took an initial round of testimony the following day. This was prompted by concerns that the Senate bill, S.198, would stall out in committee.

Read bill as introduced.

H. 640 - An act relating to requiring disclosure of information for VEGI incentives

Location: House Commerce and Economic Development
Last Action: 2/26/2020
Chance of Passage: 1/3

Overview: The bill was introduced by Ways and Means Committee Chair Janet Ancel in early January, but wasn’t taken up until a month later. The bill bounced back and forth between House Ways and Means and House Commerce in February. Despite several days of testimony, no new drafts of the bill have been introduced in Committee and no votes have been taken.

Read bill as introduced…

H. 812 - An act relating to universal school breakfast and lunch for all public-school students

Location: House Education
Last Action: 2/20/2020
Chance of Passage: 1/3

Overview: The bill was introduced by Representative Rogers and the Committee took testimony a couple times in February. No new drafts have been introduced and no votes taken. There is a Senate version S.223 that is more likely to move.

Read bill as introduced…

 

S. 166 - An act relating to the dissolution of the State Board of Education

Location: Senate Education
Last Action: 2/27/2020
Chance of Passage: 2/3

Overview: This bill is a carry-over from 2019. The Senate Education Committee took it up early in the session, holding a dozen days of testimony through March 11. Chairman Baruth was trying to force the Secretary of Education and State Board of Education to come together on this bill and agree on how to proceed. This bill was finally voted out of Committee on March 13 and is pending on the Senate Calendar.

 

Summary of Senate Education Bill:

This is a large 58-page bill with lots of potentials for things to go sideways on a regulatory front. In general, it maintains the existing ability of the State Board of Education (SBE) to function. However, it repeals budgetary oversight over the Agency of Education (AOE), in addition to oversight of:

• Attendance at public and independent schools
• Implementation of performance standards and annual reporting thereof
• Admission standards
• Adult education
• Disbursement of funds to independent schools
• Deployment of technology across SU’s and SD’s
• Issuing high school equivalency certificates
• The closure of post-secondary education institutions
• The State Council for Interstate Compacts
• Oversight of Principals, Superintendents, and school boards
• Review of school construction contracts
• Bullying and harassment prevention
• Prequalification standards for Pre-K providers and joint rules for oversight
• Driver training courses
• School calendar and hours of operation
• Guidelines for the expulsion of students
• Testing of students for alcohol and drug abuse and medical supplies
• Career technical education delivery, curriculum, and tuition
• Apprenticeship programs
• Teacher certification (transferred to AOE not the Secretary specifically)
• Literacy standards (transferred to AOE not the Secretary specifically)
• State-placed students
• Independent school tuition
• Appeals from Independent schools
• School building energy performance audits
• Small schools report
• These responsibilities are shifted to the Secretary of Education unless otherwise noted.

The bill maintains SBE oversight over:

• Education quality standards
• Approval of Independent schools (but not disbursement of funds), post-secondary schools, and private Pre-K programs.
• Special education and census-based funding
• School accountability systems
• SU and SD organization (and Act 46)
• Reviewing AOE rules prior to submission to LCAR
• Development of performance standards for PreK-12 education (but not implementation)

It also removes the SBE from joint oversight or participation in a number of processes:

• School wellness programs
• Review of supervisory union financial operations
• Criminal background checks of staff

S. 198 - An act relating to an enforceable State Code of Ethics

Location: Senate Finance
Last Action: 3/12/2020
Chance of Passage: 1/3

Overview: The Senate Government Operations Committee took several days of testimony on the bill and voted it out on February 13th after they had previously voted it out and then retracted it. Several advocates saw the changes made in this interim period as a poison pill mean to sink the bill. The bill was then referred to the Senate Finance Committee, which took it up once on March 12th.

Read bill as passed by Senate Government Operations…

 

S. 223 - An act relating to universal school breakfast and lunch for all public school students

Location: Senate Education
Last Action: 1/22/2020
Chance of Passage: 1/3

Overview: This bill was introduced by Senator Ingram in January and was brought up once in Committee for an introduction. No new drafts have been introduced and no votes have been taken.

Read bill as introduced…

S. 224 - (Miscellaneous Education bill)

Location: Senate Floor
Last Action: 3/12/2020
Chance of Passage: 3/3

Overview: This bill was originally introduced by Senator Ingram as “An act relating to evidence-based structured literacy instruction for students in kindergarten–grade 3 and students with dyslexia and to teacher preparation programs.” However, it was amended via a strike-all as a vehicle for the Committee’s miscellaneous education bill. It was voted out of committee on March 13th and is currently pending on the Senate calendar.

 

Summary of Senate Education Strike-All:

The bill does a number of things, including strengthening oversight and protections around the closure of post-secondary education institutions (colleges). The bill asks the Association of Vermont Independent Colleges to maintain memorandums of understanding (MOUs) with all independent colleges around administration and maintenance of scholarly records and make them available to students in the event that a school closes its doors.

The bill also makes a number of smaller adjustments, including:

• Changing the definition of enrollment by removing Pre-K students from the count used for small schools support.

• Moves responsibility for school wellness programs from the State Board of Education (SBE) to the Secretary of Education. S.166 makes the same change. This section also eliminates the requirement to work with the Department of Health to collect data on school-age children.

• Clarifying elections process for unified union school districts when a vacancy occurs. Boards will be allowed to appoint temporary board members until the next election is held.

• Requiring that public and approved independent schools supply female hygiene products to students free of cost. The schools are required to absorb this cost in their budgets.

• Pushing the implementation of the census-based funding formula for special education out an additional year.

• Requiring gender balance on the UVM Board of Trustees by 2025.

• Appropriating $400k from the Education Fund for assistance with implementing proficiency-based education.

 

S. 226 - An act relating to statewide public school employee health benefits

Location: Senate Floor
Last Action: 3/13/2020
Chance of Passage: 3/3

Overview: The bill was introduced by Senator Perchlik and quickly gained support in the Senate Education Committee, which voted it out on February 28th. The bill was then directed to the Senate Appropriations Committee which amended the level of funding to set a minimum amount instead of a cap on the appropriation. The bill was sent to the floor and passed on a voice vote for second reading after an amendment offered by Senator Baruth. The bill is still pending a third reading on the Senate Calendar.

Summary of Senate Version: The primary function of the bill is the creation of a Commission on Public School Employee Health Benefits to implement a statewide public school employee benefit and manage premiums, out-of-pocket expenses, cost-sharing, co-pays, and other administrative functions.

The Commission will be made up of ten members with five appointed by the Vermont School Boards Association, four appointed by the VT-NEA, and one appointed by the American Federation of Teachers. Each seat would have a six-year term and would be staggered initially so no more than two seats would turn over in any given year. A minimum of $17,500 is appropriated from the General Fund to cover the costs of operating this Commission.

The bill also lays out the process for negotiations and arbitration to be used for disagreements during any bargaining process. There was an attempt to ban school employees from striking and also prohibit school employers from imposing a contract. This language was struck out on the floor.

S. 240 - An act relating to recruiting new remote workers and new relocating workers

Location: Passed into law
Last Action: 3/18/2020
Chance of Passage: N/A

Overview: The bill came over to the House from the Senate in late January. After a few weeks of testimony, the House Commerce Committee pushed it back to the floor for approval. The Senate received the bill back on March 10th and sent it to the Governor’s desk the next day. It was signed into law March 18th.

Summary as Signed Into Law: The act appropriates $2M from the General Fund for economic development $450K of which goes to the Agency of Commerce and Community Development (ACCD) to operate the state marketing plan and the recruitment and operation of the worker relocation program. The remaining appropriation is available for direct grant funding.

S. 256 - An act relating to creating the New Vermont Employee Incentive Program

Location: Senate Floor
Last Action: 3/13/2020
Chance of Passage: 2/3

Overview: The bill was worked on by the Senate Economic Development Committee for two months prior to being voted out. The bill is currently pending on the Senate calendar.

Summary as Passed by Senate Economic Development: The bill directs the Agency of Commerce and Community Development (ACCD) to design and implement a New Vermont Employee Incentive Program. A qualifying new employee could receive a grant up to $5,000 or an enhanced grant up to $7,500 (only applied in high-need areas of the state). Qualifying new workers must be full time Vermont residents and work remotely for an employer inside or outside the state and must have moved here after January 1, 2020.

ACCD is responsible for developing criteria for eligible new employees and qualifying expenses for reimbursement. Expenses such as relocation costs or expenses necessary for the new worker to function in their job are considered reimbursable.

The bill also makes some changes to Tax Increment Financing Districts, allowing for 15 pilot projects up to $1.5M each to assist affordable housing, remediation or redevelopment of brownfields, creation of new businesses, or improving transportation capacity. The projects will be approved by the Vermont Economic Progress Council (VEPC) and spread out over three years.

A second loan program called the Capital Investment Convertible Loan Program (CICL) to help small businesses upgrade facilities, machinery, or equipment. The loan is to be administered under the VEGI program. This is meant to be offered as an alternative to the VEGI incentive program where a business can take out a low-interest three-year loan. If the tax department can verify a payroll increase over those three years, CICL will pay off the balance of the loan.

VEGI and VEPC are asked to come back in December 2024 with a report on the performance of these two programs.

S. 271 - An act relating to the creation of a Community College of Vermont tuition-free scholarship program for Vermont residents

Location: Senate Education
Last Action: 1/31/2020
Chance of Passage: 1/3

Overview: The bill was introduced by Senator Hardy and testimony was taken a few times in January. Despite a relatively low price tag, the bill has not moved forward in the Committee. No new drafts have been released and no votes taken.

Read bill as introduced…

 

S. 46 - (Proposed pupil weighting language)

Location: Senate Education
Last Action: 3/12/2020
Chance of Passage: 2/3

Overview: The bill was originally introduced as “An act relating to ethnic and social equity studies standards for public schools,” but was replaced via a strike-all from the Senate Education Committee to address the UVM weighting study recommendations. The bill was voted out of Committee on March 13 and is currently pending on the Senate calendar.

 

Summary of the Senate Education Bill:

The bill requires the Agency of Education and the State Board of Education (SBE) to deliver a report to the Legislature in December 2020 on the following:

• A timeline for phasing in weighting changes.
• An implementation plan that is sensitive to tax rate impacts.
• Any necessary changes to the excess spending threshold, hold-harmless provisions, tuition for non-operating districts, small schools grants, and other incentives.
• As part of this process, the SBE is required to hold six public hearings on the proposals to gather feedback. The Legislature would then likely implement the proposed plan.