Thumbnails Outlines
House Calendar
Tuesday, January 07, 2014
1st DAY OF THE ADJOURNED SESSION
House Convenes at 10:00 A.M.
TABLE OF CONTENTS
Page No.
NOTICE CALENDAR
Favorable with Amendment
S. 25
An act relating to public advocacy in utility matters ............................... 1
Rep. Botzow for Commerce and Economic Development
Senate Proposal of Amendment
H. 524
Making technical amendments to education laws ............................... 10
- 1 -
ORDERS OF THE DAY
NOTICE CALENDAR
Favorable with Amendment
S. 25
An act relating to public advocacy in utility matters
Rep. Botzow of Pownal,
for the Committee on
Commerce and Economic
Development,
recommends that the House propose to the Senate that the bill
be amended by striking all after the enacting clause and inserting in lieu
thereof the following:
* * * Department of Public Service Advocacy * * *
Sec. 1.
30 V.S.A. § 2 is amended to read:
§ 2.
DEPARTMENT OF PUBLIC SERVICE; POWERS
(a)
The department of public service Department of Public Service shall
supervise and direct the execution of all laws relating to public service
corporations and firms and individuals engaged in such business, including the:
(1)
Formation formation, organization, ownership, and acquisition of
facilities of public service corporations under chapter 3 of this title;
(2)
Participation participation in planning for proper utility service as
provided in section 202 of this title through the director for regulated utility
planning Director for Regulated Utility Planning;
(3)
Supervision supervision and evaluation under chapters 5 and 77 of
this title of the quality of service of public utility companies;
(4)
Interconnection interconnection and interchange of facilities of
electric companies under sections 210, 213, and 214 of this title;
(5)
Representation representation of the state State in the negotiations
and proceedings for the procurement of electric energy from any source
outside of this state State and from any generation facility inside the state State
under sections 211 and 212 of this title;
(6)
Review review of proposed changes in rate schedules and petition to
the public service board Public Service Board, and representation of the
interests of the consuming public in proceedings to change rate schedules of
public service companies under chapter 5 of this title;
(7)
Siting siting of electric generation and transmission facilities under
section 248 of this title;
- 2 -
(8)
Consolidations consolidations and mergers of public service
corporations under chapter 7 of this title;
(9)
Supervision supervision and regulation of cable television systems
under chapter 13 of this title;
(10)
Supervision supervision and regulation of telegraph and telephone
companies under chapters 71, 73, and 75 of this title;
(11)
Supervision supervision and regulation of the organization and
operation of municipal plants under chapter 79 of this title;
(12)
Supervision supervision and regulation of the organization and
operation of electric cooperatives under chapter 81 of this title.
(b)
In cases requiring hearings by the board Board, the department
Department, through the director for public advocacy Director for Public
Advocacy shall represent the interests of the people of the state State, unless
otherwise specified by law.
In any hearing, the board Board may, if it
determines that the public interest would be served, request the attorney
general Attorney General or a member of the Vermont bar Bar to represent the
public or the state State.
(c)
The department Department may bring proceedings on its own motion
before the public service board Public Service Board, with respect to any
matter within the jurisdiction of the public service board Board, and may
initiate rule-making proceedings before that board the Board.
The public
service board Public Service Board, with respect to any matter within its
jurisdiction, may issue orders on its own motion and may initiate rule-making
proceedings.
(d)
In any proceeding where the decommissioning fund Decommissioning
Fund for the Vermont Yankee nuclear facility is involved, the department
Department shall represent the consuming public in a manner that
acknowledges that the general public interest requires that the consuming
public, rather than either the state’s State’s future consumers who never obtain
benefits from the facility or the state’s State’s taxpayers, ought to provide for
all costs of decommissioning.
The department Department shall seek to have
the decommissioning fund Decommissioning Fund be based on all reasonably
expected costs.
(e)
In performing its duties under this section, the Department shall give
heightened consideration to the interests of ratepayer classes who are not
independently represented parties in proceedings before the Board, including
residential, low-income, and small business consumers, as well as other
- 3 -
consumers whose interests might otherwise not be adequately represented but
for the Department’s advocacy.
Sec. 2.
DEPARTMENT OF PUBLIC SERVICE; REPORT ON CONSUMER
REPRESENTATION
On or before July 1, 2014, the Commissioner shall submit a report to the
General Assembly which includes an analysis of how the Department, in
performing its duties under 30 V.S.A. § 2, determines the interests of the
consuming public and of the State and ensures adequate representation of the
interests of those consumers whose interests might not otherwise be adequately
represented in matters before the Board, including residential, low income, and
small business consumers.
The report shall include a description of how the
Department assesses whether the interests of different ratepayer classes – such
as residential, low income, and small business – are in conflict and, if so, how
such conflicts are resolved.
In addition, the Commissioner shall evaluate how
representation of the interests of residential, low income, and small business
consumers has occurred in past proceedings and describe ways in which the
Department might more effectively represent those interests in future
proceedings.
The report also shall describe improvements in the Department’s
processes related to the integration of the roles and responsibilities of the
Director for Public Advocacy and the Director for Consumer Protection and
Education, particularly with respect to representation of the consuming public
and the interests of the State.
In conducting this analysis, the Commissioner
shall consult with residential and small business ratepayers, advocacy groups
for low income, residential, and small business ratepayers, and any other
person or entity as determined by the Commissioner.
* * * Electronic Filings and Case Management * * *
Sec. 3.
30 V.S.A. § 11(a) is amended to read:
(a)
The forms, pleadings, and rules of practice and procedure before the
board Board shall be prescribed by it.
The board Board shall promulgate and
adopt rules which include, among other things, provisions that:
(1)
A utility whose rates are suspended under the provisions of section
226 of this title shall, within 30 days from the date of the suspension order, file
with the board 10 copies of Board all exhibits it intends to use in the hearing
thereon together with the names of witnesses it intends to produce in its direct
case and a short statement of the purposes of the testimony of each witness.
Except in the discretion of the board Board, a utility shall not be permitted to
introduce into evidence in its direct case exhibits which are not filed in
accordance with this rule.
* * *
- 4 -
Sec. 4.
30 V.S.A. § 11a is added to read:
§ 11a.
ELECTRONIC FILING AND ISSUANCE
(a)
As used in this section:
(1) “Confidential document” means a document containing information
for which confidentiality has been asserted and that has been filed with the
Board and parties in a proceeding subject to a protective order duly issued by
the Board.
(2) “Document” means information inscribed on a tangible medium or
stored in an electronic or other medium and retrievable in perceivable form.
(3) “Electronic filing” means the transmission of documents to the
Board by electronic means.
(4) “Electronic filing system” means a board-designated system that
provides for the electronic filing of documents with the Board and for the
electronic issuance of documents by the Board.
If the system provides for the
filing or issuance of confidential documents, it shall be capable of maintaining
the confidentiality of confidential documents and of limiting access to
confidential documents to individuals explicitly authorized to access such
confidential documents.
(5) “Electronic issuance” means:
(A)
the transmission by electronic means of a document that the
Board has issued, including an order, proposal for decision, or notice; or
(B)
the transmission of a message from the Board by electronic
means informing the recipients that the Board has issued a document,
including an order, proposal for decision, or notice, and that it is available for
viewing and retrieval from an electronic filing system.
(6) “Electronic means” means any Board-authorized method of
electronic transmission of a document.
(b)
The Board by order, rule, procedure, or practice may:
(1)
provide for electronic issuance of any notice, order, proposal for
decision, or other process issued by the Board, notwithstanding any other
service requirements set forth in this title or in 10 V.S.A. chapter 43;
(2)
require electronic filing of documents with the Board;
(3)
for any filing or submittal to the Board for which the filing or
submitting entity is required to provide notice or a copy to another state agency
under this title or under 10 V.S.A. chapter 43, waive such requirement if the
- 5 -
state agency will receive notice of and access to the filing or submittal through
an electronic filing system; and
(4)
for any filing, order, proposal for decision, notice, or other process
required to be served or delivered by first-class mail or personal delivery under
this title or under 10 V.S.A. chapter 43, waive such requirement to the extent
the required recipients will receive the filing, order, proposal of decision,
notice, or other process by electronic means or will receive notice of and
access to the filing, order, proposal for decision, notice, or other process
through an electronic filing system.
(c)
Any order, rule, procedure, or practice issued under subsection (b) of
this section shall include exceptions to accommodate parties and other
participants who are unable to file or receive documents by electronic means.
(d)
Subsection (b) of this section shall not apply to the requirements for
service of citations and notices in writing as set forth in sections 111(b),
111a(i), and 2804 of this title.
* * * Participation in Federal Proceedings * * *
Sec. 5.
30 V.S.A. § 2(b) is amended to read:
(b)
In cases requiring hearings by the board Board, the department
Department, through the director for public advocacy Director for Public
Advocacy, shall represent the interests of the people of the state State, unless
otherwise specified by law.
In any hearing, the board Board may, if it
determines that the public interest would be served, request the attorney
general Attorney General or a member of the Vermont bar Bar to represent the
public or the state State.
In addition, the Department may intervene, appear,
and participate in Federal Energy Regulatory Commission proceedings,
Federal Communications Commission proceedings, or other federal
administrative proceedings on behalf of the Vermont public.
* * * Coordination of Energy Planning * * *
Sec. 6.
30 V.S.A. § 202 is amended to read:
§ 202.
ELECTRICAL ENERGY PLANNING
(a)
The department of public service Department of Public Service, through
the director for regulated utility planning Director for Regulated Utility
Planning, shall constitute the responsible utility planning agency of the state
State for the purpose of obtaining for all consumers in the state State proper
utility service at minimum cost under efficient and economical management
consistent with other public policy of the state State.
The director Director
shall be responsible for the provision of plans for meeting emerging trends
related to electrical energy demand, supply, safety, and conservation.
- 6 -
(b)
The department Department, through the director Director, shall prepare
an electrical energy plan for the state State.
The plan shall be for a 20-year
period and shall serve as a basis for state electrical energy policy.
The electric
energy plan shall be based on the principles of “least cost integrated planning”
set out in and developed under section 218c of this title.
The plan shall include
at a minimum:
(1)
an overview, looking 20 years ahead, of statewide growth and
development as they relate to future requirements for electrical energy,
including patterns of urban expansion, statewide and service area economic
growth, shifts in transportation modes, modifications in housing types and
design, conservation and other trends and factors which, as determined by the
director Director, will significantly affect state electrical energy policy and
programs;
(2)
an assessment of all energy resources available to the state State for
electrical generation or to supply electrical power, including, among others,
fossil fuels, nuclear, hydro-electric, biomass, wind, fuel cells, and solar energy
and strategies for minimizing the economic and environmental costs of energy
supply, including the production of pollutants, by means of efficiency and
emission improvements, fuel shifting, and other appropriate means;
(3)
estimates of the projected level of electrical energy demand;
(4)
a detailed exposition, including capital requirements and the
estimated cost to consumers, of how such demand shall be met based on the
assumptions made in subdivision (1) of this subsection and the policies set out
in subsection (c) of this section; and
(5)
specific strategies for reducing electric rates to the greatest extent
possible in Vermont over the most immediate five-year six-year period, for the
next succeeding five-year six-year period, and long-term sustainable strategies
for achieving and maintaining the lowest possible electric rates over the full
20-year planning horizon consistent with the goal of maintaining a financially
stable electric utility industry in Vermont.
(c)
In developing the plan, the department Department shall take into
account the protection of public health and safety; preservation of
environmental quality; the potential for reduction of rates paid by all retail
electricity customers; the potential for reduction of electrical demand through
conservation, including alternative utility rate structures; use of load
management technologies; efficiency of electrical usage; utilization of waste
heat from generation; and utility assistance to consumers in energy
conservation.
(d)
In establishing plans, the director Director shall:
- 7 -
(1)
Consult with:
(A)
the public;
(B)
Vermont municipal utilities;
(C)
Vermont cooperative utilities;
(D)
Vermont investor-owned utilities;
(E)
Vermont electric transmission companies;
(F)
environmental and residential consumer advocacy groups active
in electricity issues;
(G)
industrial customer representatives;
(H)
commercial customer representatives;
(I)
the public service board Public Service Board;
(J) an entity designated to meet the public’s need for energy
efficiency services under subdivision 218c(a)(2) of this title;
(K)
other interested state agencies; and
(L)
other energy providers.
(2)
To the extent necessary, include in the plan surveys to determine
needed and desirable plant improvements and extensions and coordination
between utility systems, joint construction of facilities by two or more utilities,
methods of operations, and any change that will produce better service or
reduce costs.
To this end, the director Director may require the submission of
data by each company subject to supervision, of its anticipated electrical
demand, including load fluctuation, supplies, costs, and its plan to meet that
demand and such other information as the director Director deems desirable.
(e)
The department Department shall conduct public hearings on the final
draft and shall consider the evidence presented at such hearings in preparing
the final plan.
The plan shall be adopted no later than January 1, 2004 2016
and readopted in accordance with this section by every sixth January 1
thereafter, and shall be submitted to the general assembly General Assembly
each time the plan is adopted or readopted.
The provisions of 2 V.S.A. § 20(d)
(expiration of required reports) shall not apply to the submission to be made
under this subsection.
(f)
After adoption by the department Department of a final plan, any
company seeking board Board authority to make investments, to finance, to
site or construct a generation or transmission facility or to purchase electricity
or rights to future electricity, shall notify the department Department of the
- 8 -
proposed action and request a determination by the department Department
whether the proposed action is consistent with the plan.
In its determination
whether to permit the proposed action, the board Board shall consider the
department’s Department’s determination of its consistency with the plan
along with all other factors required by law or relevant to the board’s Board’s
decision on the proposed action.
If the proposed action is inconsistent with the
plan, the board Board may nevertheless authorize the proposed action if it finds
that there is good cause to do so.
The department Department shall be a party
to any proceeding on the proposed action, except that this section shall not be
construed to require a hearing if not otherwise required by law.
(g)
The director Director shall annually review that portion of a plan
extending over the next five six years.
The department Department, through
the director Director, shall annually biennially extend the plan by one two
additional year years; and from time to time, but in no and in any event less
than every five years sixth year, institute proceedings to review a plan and
make revisions, where necessary.
The five year six-year review and any
interim revisions shall be made according to the procedures established in this
section for initial adoption of the plan.
The six-year review and any revisions
made in connection with that review shall be performed contemporaneously
with readoption of the comprehensive energy plan under section 202b of this
title.
(h)
The plans adopted under this section shall be submitted to the energy
committees of the general assembly and shall become the electrical energy
portion of the state energy plan.
(i)
It shall be a goal of the electrical energy plan to assure, by 2028, that at
least 60 MW of power are generated within the state State by combined heat
and power (CHP) facilities powered by renewable fuels or by nonqualifying
SPEED resources, as defined in section 8002 of this title.
In order to meet this
goal, the plan shall include incentives for development and strategies to
identify locations in the state State that would be suitable for CHP.
The plan
shall include strategies to assure the consideration of CHP potential during any
process related to the expansion of natural gas services in the state State.
Sec. 7.
30 V.S.A. § 202b is amended to read:
§ 202b.
STATE COMPREHENSIVE ENERGY PLAN
(a)
The department of public service Department of Public Service, in
conjunction with other state agencies designated by the governor Governor,
shall prepare a comprehensive state energy plan covering at least a 20-year
period.
The plan shall seek to implement the state energy policy set forth in
section 202a of this title.
The plan shall include:
- 9 -
(1)
A comprehensive analysis and projections regarding the use, cost,
supply, and environmental effects of all forms of energy resources used within
Vermont.
(2)
Recommendations for state State implementation actions, regulation,
legislation, and other public and private action to carry out the comprehensive
energy plan.
(b) In developing or updating the plan’s recommendations, the department
of public service Department of Public Service shall seek public comment by
holding public hearings in at least five different geographic regions of the state
State on at least three different dates, and by providing notice through
publication once a week and at least seven days apart for two or more
successive weeks in a newspaper or newspapers of general circulation in the
regions where the hearings will be held, and by delivering notices to all
licensed commercial radio and television stations with transmitting facilities
within the state State, plus Vermont Public Radio and Vermont Educational
Television.
(c)
The department Department shall adopt a state energy plan by no later
than January 1, 1994 2016 and shall readopt the plan by every sixth January 1
thereafter.
On adoption or readoption, the plan shall be submitted to the
General Assembly.
The provisions of 2 V.S.A. § 20(d) (expiration of required
reports) shall not apply to such submission.
(1)
Upon adoption of the plan, analytical portions of the plan may be
updated annually and published biennially.
(2)
Every fourth year after the adoption or readoption of a plan under
this section, the Department shall publish the manner in which the Department
will engage the public in the process of readopting the plan under this section.
(3)
The publication requirements of subdivisions (1) and (2) of this
subsection may be met by inclusion of the subject matter in the Department’s
biennial report.
(4)
The plan’s implementation recommendations shall be updated by the
department Department no less frequently than every five six years.
These
recommendations shall be updated prior to the expiration of five six years if
the general assembly General Assembly passes a joint resolution making a
request to that effect.
If the department Department proposes or the general
assembly General Assembly requests the revision of implementation
recommendations, the department Department shall hold public hearings on
the proposed revisions.
- 10 -
(d)
Any distribution Distribution of the plan to members of the general
assembly General Assembly shall be in accordance with the provisions of
2 V.S.A. § 20 (a)–(c).
Sec. 8.
INTENT; RETROACTIVE APPLICATION
In enacting Secs. 6 (20-year electric plan) and 7 (comprehensive energy
plan) of this act, the General Assembly intends to set the readoption of these
plans by the Department of Public Service on a regular six-year cycle.
* * * Effective Date * * *
Sec. 9.
EFFECTIVE DATE
This act shall take effect on passage.
(Committee vote: 9-0-2 )
(For text see Senate Journal 2/28/2013 )
Senate Proposal of Amendment
H. 524
An act relating to making technical amendments to education laws
The Senate proposes to the House to amend the bill as follows:
First:
By striking out Secs. 16 through 22 in their entirety and inserting in
lieu thereof 7 new sections to be Secs. 16 through 22 to read:
Sec. 16.
REDESIGNATION; ADDITION OF SUBCHAPTER
16 V.S.A. chapter 1, subchapter 2, which shall include §§ 41–55, is added
to read:
Subchapter 2.
Federal Funds
* * *
Sec. 17.
16 V.S.A. § 168 is amended to read:
§ 168 41.
AUTHORITY OF STATE BOARD OF EDUCATION AGENCY
TO UTILIZE USE FEDERAL FUNDS TO AID EDUCATION
(a)
The state board Agency of Education is designated as the sole state
agency to establish and administer through the department of education any
statewide plan which is now or hereafter may be required as a condition for
receipt of federal funds as may be made available to the state of Vermont by
the Congress of the United States, or administrative ruling pursuant thereto,
State for any educational purposes, including technical education and adult
education and literacy.
It The Agency shall also be the agency to accept and
administer
federal
funds which
federal
legislation
requires that
require
- 11 -
administration by a state education agency having jurisdiction of elementary
and secondary education to administer.
(b)
Subject to the approval of the governor Governor, the board Agency
may accept and utilize such use federal funds.
It may establish criteria and
procedures to conform with any requirements established for the use of such
the funds and may take such other action as may be required to comply with
any condition for receipt of such federal aid.
Sec. 18.
16 V.S.A. § 169 is amended to read:
§ 169 42.
ACCEPTANCE, DISTRIBUTION AND ACCOUNTING OF
FEDERAL FUNDS
(a)
The state treasurer State Treasurer, acting upon the order of the
commissioner or his or her authorized representative Secretary, shall accept,
distribute, and account for federal funds available for use by the state board
Agency.
Funds shall be distributed and accounted for by the state treasurer
State Treasurer in accordance with the laws of this state Vermont, but if there
is a conflict between those laws, and the laws or regulations of the United
States, then federal law shall apply.
The commissioner Secretary shall cause to
be submitted to the United States such detailed statements of the amounts so
prepare and submit federally required statements of funds received and
disbursed as shall be required by the United States.
The commissioner
Secretary shall cause an audit to be made of such the federal funds and shall
submit a copy thereof to a properly authorized official of the United States of
the audit as required by the laws or regulations of the United States federal
law.
Such The audit shall be supported by any reports from the supervisory
union, local school districts, or other recipients of federal funds as may be
required by the commissioner or the United States Secretary or the federal
government.
(b)
The state treasurer may deliver to the superintendent or State Treasurer
may directly deposit checks payable to a supervisory union or to any school
district
within that
supervisory
union it
or
may
deliver
checks
to
the
superintendent of the supervisory union.
* * *
Sec. 19.
16 V.S.A. § 144b is amended to read:
§ 144b 43.
FEDERAL EDUCATION AID FUNDS; ADMINISTRATION;
LOCAL EDUCATION AGENCY
(a)
The state board of education Agency, as sole state agency, may
administer such federal funds as may be made available to the state State under
Public Law 89-10, known as the Elementary and Secondary Education Act of
- 12 -
1965, Public L. No. 89–10, as amended, and Public Law 107-110, known as
the No Child Left Behind Act of 2001, Public L. No 107–110.
Those funds
may be accepted and shall be distributed and accounted for by the state
treasurer 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 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. 20.
[Deleted.]
Sec. 21.
16 V.S.A. § 172 is amended to read:
§ 172 44.
FEDERAL FUNDS; SCHOOL FOOD PROGRAMS
The state board Agency is authorized to accept and use federal funds made
available by legislation of the congress to the several states to the State for
school food programs under the National School Lunch Act, The the Child
Nutrition Act, and any amendments thereto to those laws.
Sec. 22.
REDESIGNATION; ADDITION OF SUBCHAPTER
16 V.S.A. chapter 3, subchapter 2, which shall include §§ 175–178, is
added to read:
Subchapter 2.
Postsecondary Schools
* * *
Second:
By striking out Sec. 69 in its entirety.
Third: In Sec. 113, 16 V.S.A. § 1071, by striking out subsection (e) in its
entirety and inserting in lieu thereof a new subsection (e) to read:
(e)
Regional calendar.
Before April 1 of each year, the superintendents of
schools and the headmasters of public schools not managed by school boards
in an area shall meet, and by majority vote, establish a uniform calendar within
that area for the following school year.
The calendar shall include student
attendance
days,
periods
of
vacation,
holidays, and
teacher
in-service
education days and shall comply with subsection (a) of this section.
Unless
permitted by the commissioner Secretary, no area served by a regional
technical center shall be divided into two or more calendar regions.
- 13 -
Fourth:
By striking out Sec. 233 in its entirety.
Fifth:
By striking out Sec. 303 (effective date) in its entirety, and inserting
six new sections to be Secs. 303 through 308 to read as follows:
* * * Special Education Employees; Transition to Employment
by Supervisory Unions * * *
Sec. 303.
2010 Acts and Resolves No. 153, Sec. 18, as amended by 2011 Acts
and Resolves No. 58, Sec. 18, is further amended to read:
Sec. 18.
TRANSITION
(a)
Each supervisory union shall provide for any transition of employment
of special education and transportation staff employees by member districts to
employment by the supervisory union, pursuant to Sec. 9 of this act, 16 V.S.A.
§ 261a(a)(6), and (8)(E) by:
(1)
providing that the supervisory union assumes all obligations of each
existing collective bargaining agreement in effect between the member districts
and their special education employees and their transportation employees until
the agreement’s expiration, subject to employee compliance with performance
standards and any lawful reduction in force, layoff, nonrenewal, or dismissal;
(2)
providing, in the absence of an existing recognized representative of
its employees, for the immediate and voluntary recognition by the supervisory
union of the recognized representatives of the employees of the member
districts as the recognized representatives of the employees of the supervisory
union;
(3)
ensuring that an employee of a member district who is not a
probationary employee shall not be considered a probationary employee upon
transition to the supervisory union; and
(4)
containing
an
agreement negotiating
a
collective
bargaining
agreement, addressing special education employees, with the recognized
representatives of the employees of the member districts that is effective on the
day
the supervisory
union
assumes
obligations
of
existing
agreements
regarding how the supervisory union, prior to reaching its first collective
bargaining agreement with its special education employees and with its
transportation employees, will address issues of seniority, reduction in force,
layoff, and recall , which, for the purposes of this section, shall be:
the
exclusive
representative
of
special
education
teachers;
the
exclusive
representative of the special education administrators; and the exclusive
bargaining agent for special education paraeducators if the supervisory union
has elected to employ special education paraeducators pursuant to subdivision
- 14 -
(b)(3) of this section.
The supervisory union shall become the employer of
these employees on the date specified in the ratified agreement.
(b) For purposes of this section and Sec. 9 of this act, “special education
employee” shall include a special education teacher, a special education
administrator, and a special education paraeducator, which means a teacher,
administrator, or paraeducator whose job assignment consists of providing
special education services directly related to students’ individualized education
programs or to the administration of those services.
Provided, however, that
“special education employee” shall include a “special education paraeducator”
only if the supervisory union board elects to employ some or all special
education paraeducators because it determines that doing so will lead to more
effective and efficient delivery of special education services to students.
If the
supervisory union board does not elect to employ all special education
paraeducators, it must use objective, nondiscriminatory criteria and identify
specific duties to be performed when determining which categories of special
education paraeducators to employ.
(c)
Education-related parties to negotiations under either Title 16 or 21
shall incorporate in their current or next negotiations matters addressing the
terms and conditions of special education employees.
(d)
If a supervisory union has not entered into a collective bargaining
agreement
with
the
representative
of
its
prospective
special
education
employees by August 15, 2015, it shall provide the Secretary of Education
with a report identifying the reasons for not meeting the deadline and an
estimated date by which it expects to ratify the agreement.
Sec. 304.
16 V.S.A. § 1981(8) is amended to read:
(8)
"School board negotiations council" means, for a supervisory
district, its school board, and, for school districts within a supervisory union,
the body comprising representatives designated by each school board within
the supervisory union and by the supervisory union board to engage in
professional negotiations with a teachers' or administrators' organization.
Sec. 305.
21 V.S.A. § 1722(18) is amended to read:
(18)
"School board negotiations council" means, for a supervisory
district, its school board, and, for school districts within a supervisory union,
the body comprising representatives designated by each school board within
the supervisory union and by the supervisory union board to engage in
collective bargaining with their school employees' negotiations council.
Sec. 306.
APPLICABILITY
- 15 -
Only school districts and supervisory unions that have not completed the
transition of special education employees to employment by the supervisory
union
or
have
not
negotiated
transition
provisions
into
current
master
agreements as of the effective dates of Secs. 24 through 27 of this act are
subject to the employment transition provisions of those sections.
Sec. 307.
REPORT
On or before January 1, 2017, the Secretary of Education shall report to the
House and Senate Committees on Education regarding the decisions of
supervisory unions to exercise or not to exercise the flexibility regarding
employment of special education paraeducators provided in Sec. 24 of this act
and may propose amendments to Sec. 24 or to related statutes as he or she
deems appropriate.
Sec. 308.
EFFECTIVE DATE
This act shall take effect on passage.
( No House Amendments )
Information Notice
Deadline for Introducing Bills
Pursuant to Rule 40(b) of the Rules and Orders of the Vermont House of
Representatives, during the second year of the biennium, except with the prior
consent of the Committee on Rules, no member may introduce a bill into the
House drafted in standard form after the last day of January.
In order to meet this deadline all bills must be signed out with the
Legislative Council no later than the close of business on Friday January 15,
2014.
Pursuant to Rule 40(c) during the second year of the biennium, except with
the prior consent of the Committee on Rules, no committee, except the
Committees on Appropriations, Ways and Means or Government Operations,
may introduce a bill drafted in standard form after the last day of March
(March 31, 2014).
The Committees on Appropriations and Ways and Means
bill may be drafted in standard form at any time, and Government Operations
bills pertaining to city or town charters, may be drafted in standard form at any
time.
Joint Assembly
January 8, 2014 - 2:00 PM - State of the State Address
January 15, 2014 - 2:00 PM - Budget Address