§ 166b. Home study program

(a) Enrollment notice. A home study program shall send a written enrollment notice to the commissioner whenever it intends to enroll a child. Enrollments at home study programs shall expire on July 1. If a home study program intends to re-enroll a child for the following school year, a new notice under this section is required and may be submitted at any time after March 1. The commissioner shall accept and review enrollment notices upon receiving them. A notice under this subsection shall include the following:

1. The name and age of the child.
2. names, addresses, and telephone numbers of the parents or guardians of the child.
3. For each child enrolled during the preceding year, any assessment of progress required under subsection (d) of this section.
4. For each child not previously enrolled in a Vermont public school or Vermont home study program, independent professional evidence on whether the child is handicapped. A comprehensive evaluation to establish eligibilities for special education is not required, but may be ordered by a hearing officer after a hearing under this section.
5. For each child being enrolled for the current year, a detailed outline or narrative which describes the content to be provided in each subject area of the minimum course of study, including any special services or adaptations to be made to accommodate any handicapping condition in accordance with applicable state and federal law. Methods and materials to be used may be included but are not required.
6. The school district in which the home study program is located.
7. The names, addresses, telephone numbers, and signatures of the persons who will provide the instruction.
8. The signature of all custodial parents or guardians.

(b) Notice to home study programs. Within 14 business days of receiving an enrollment notice, the commissioner or designee shall send the home study program a written acknowledgment of receipt. The acknowledgment shall include a determination:

1. either that the enrollment notice is complete and no further information is needed, or specifically identifying information required under subsection (a) of this section which is missing. If information is missing the home study program shall provide the additional information in writing within 14 days; and
2. either that the child may be enrolled immediately or that the child may be enrolled 45 days after the enrollment notice was received. At any time before the child may be enrolled, the commissioner may order that a hearing be held. After notice of such a hearing is received, the child shall not be enrolled until after an order has been issued by the hearing officer to that effect.

(c) Enrollment reports. Each home study program shall notify the commissioner within seven days of the day that any student ceases to be enrolled in the program. Within ten days of receiving any enrollment report, the commissioner shall notify the appropriate superintendent of schools.

(d) Progress assessment. Each home study program shall assess annually the progress of each of its students. Progress shall be assessed in each area of the minimum course of study by one or more of the following:

1. A licensed Vermont teacher.
2. A teacher from an approved Vermont independent school.
3. A teacher advisory service report from a publisher of a commercial curriculum together with a portfolio of the student's work.
4. A report prepared by the parents or the student's instructor together with a portfolio of the student's work.
5. The complete results of a standardized achievement test administered by a qualified person.
6. The complete results of a standardized achievement test administered by an approved Vermont school, at the option of the school or school district.

(e) Hearings before enrollment. If the commissioner has information that creates a significant doubt about whether a home study program can or will provide a minimum course of study for a student who has not yet enrolled, the commissioner may call a hearing. At the hearing the home study program shall establish that it has complied with this section and will provide the student with a minimum course of study.

(f) Hearings after enrollment. If the commissioner has information that reasonably could be expected to justify an order of termination under this section, he or she may call a hearing. At the hearing the commissioner shall establish one or more of the following:

1. the home study program has substantially failed to comply with the requirements of this section;
2. the home study program has substantially failed to provide a student with the minimum course of study;
3. the home study program will not provide a student with the minimum course of study.

(g) Notice and procedure. Notice of any hearing shall include a brief summary of the material facts and shall be sent to each parent or guardian and each instructor of the student or students involved known to the commissioner. The hearing shall occur within 30 days of the day that notice is given or sent. If a notice concerns a child not yet enrolled in a home study program, enrollment shall not occur until an order has been issued after the hearing. The hearing shall be conducted by an impartial hearing officer appointed by the commissioner from a list approved by the state board. At the request of the child's parent or guardian, the hearing officer shall conduct the hearing at a location in the vicinity of the home study program.

(h) Order following hearing. After hearing evidence, the hearing officer shall enter an order within ten working days. If the child is not enrolled, the order shall provide that the child be enrolled or that enrollment be disallowed. If the child is enrolled, the order shall provide that enrollment be continued or that the enrollment be terminated. An order shall take effect immediately. Unless the hearing officer provides for a shorter period, an order disallowing or terminating enrollment shall extend until the end of the following school year, as defined in this title. If the order is to disallow or terminate the enrollment, a copy shall be given to the appropriate superintendent of schools, who shall take appropriate action to ensure that the child is enrolled in a school as required by this title. Following a hearing, the commissioner may petition the hearing officer to reopen the case only if there has been a material change in circumstances.

(i) As used in this section, "minimum course of study" is defined as in section 906 of this title. The educational content provided shall be adapted in each area of study throughout the school year to the age and ability of each child and adapted to any handicapping conditions of the child. Nothing in this section requires that a home study program follow the program or methods used by the public schools.

(j) After the filing of the enrollment notice or at a hearing, if the home study program is unable to comply with any specific requirements due to deep religious conviction shared by an organized group, the commissioner may waive such requirements if he or she determines that the educational purposes of this section are being or will be substantially met. (Added 1987, No. 97, § 3, eff. June 23, 1987; amended 1989, No. 44, § 6, eff. June 1, 1990; No. 118, § 3; 1991, No. 24, § 11; 1995, No. 100 (Adj. Sess.), § 1.)

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