§ 1073. “Legal pupil” defined; access to school

(a) Definition. “Legal pupil” means an individual who has attained the age of five years on or before January 1 next following the beginning of the school year. However, a school district may require that students admitted to kindergarten have attained the age of five on or before any date between August 31 and January 1.

(b) Access to school.

(1) Right to a public education. No legal pupil attending school at public expense, including a married, pregnant, or parenting student, shall be deprived of or denied the opportunity to participate in or complete a public school education.

(2) Right to enroll in a public or independent school. Notwithstanding the provisions of sections 822 and 1075 of this title, a pregnant or parenting student may enroll in any approved public school in Vermont or an adjacent state, any approved independent school in Vermont, or any other educational program approved by the State Board in which any other legal pupil in Vermont may enroll.

(3) Teen parent education program.

(A) Residential teen parent education programs. The Secretary shall pay the educational costs for a pregnant or parenting student attending a State Board-approved teen parent education program in a 24-hour residential facility for up to eight months after the birth of the child. The Secretary may approve extension of payment of educational costs based on a plan for reintegration of the student into the community or for exceptional circumstances as determined by the Secretary. The district of residence of a student in a 24-hour residential facility shall remain responsible for coordination of the student’s educational program and for planning and facilitating her subsequent educational program.

(B) Nonresidential teen parent education programs.

(i) The pregnant or parenting student’s district of residence or the approved independent or public school to which that district pays tuition for its students (the enrolling school) shall be responsible for planning, coordinating, and assessing the enrolled student’s education plan while attending a teen parent education program and for planning, assessing, and facilitating the student’s subsequent education plan, including the student’s transition back to the public or approved independent school. As determined by the district of residence or the enrolling school, as appropriate, the student’s educational plan while attending a teen parent education program shall include learning experiences that are the substantial equivalent of the learning experiences required by the district of residence or the enrolling school to obtain a high school diploma.

(ii) A pregnant or parenting student may attend a nonresidential teen parent education program for a length of time to be determined by agreement of the student’s district of residence, the enrolling school, the teen parent education program, and the student.

(iii) In the event of a dispute regarding any aspect of this subdivision (B), the district of residence, the enrolling school, the teen parent education program, or the student, or any combination of these, may request a determination from the Secretary whose decision shall be final; any determination by the Secretary regarding “substantial equivalency” pursuant to subdivision (i) of this subdivision (b)(3)(B) shall be based on the Secretary’s analysis of the course syllabus or the course description provided by the district of residence or enrolling school.

(c) Prekindergarten and essential early education. An individual who is not a legal pupil may be enrolled in a public school in a prekindergarten program offered by or through a public school pursuant to rules adopted under section 829 of this title or in a program of essential early education offered pursuant to section 2956 of this title.

(d) If one or both of a child’s parents or guardians are being relocated to the State under military orders, a school district shall allow registration of the student by mail, telephone, or electronically and shall not require the parent or legal guardian of the student or the student themselves to physically appear at a location within the district to register the student. Proof of required residency shall not be required at the time of the remote registration but shall be required within 10 days of the student’s attendance in the school district. (Amended 1971, No. 243 (Adj. Sess.), § 1; 1979, No. 124 (Adj. Sess.); 1983, No. 247 (Adj. Sess.), § 4(6); 1985, No. 71, § 6; 1991, No. 21, § 1; 1995, No. 157 (Adj. Sess.), § 4; 1997, No. 147 (Adj. Sess.), § 153a, eff. April 29, 1998; 2007, No. 62, § 5; 2009, No. 44, § 34, eff. May 21, 2009; 2013, No. 92 (Adj. Sess.), § 115, eff. Feb. 14, 2014; 2019, No. 131 (Adj. Sess.), § 72; 2021, No. 140 (Adj. Sess.), § 4, eff. May 27, 2022.)