2005 Vermont Code - § 4001. — Definitions

§ 4001. Definitions

For the purpose of this chapter:

(1) "Average daily membership" of a school district, or if needed in order to calculate the appropriate homestead tax rate, of the municipality as defined in 32 V.S.A. § 5401(9), in any year means:

(A) the full-time equivalent enrollment of pupils, as defined by the state board by rule, who are legal residents of the district or municipality attending a school owned and operated by the district, attending a public school outside the district under an interdistrict agreement, or for whom the district pays tuition to one or more approved independent schools or public schools outside the district during the annual census period. The census period consists of the first 40 days of the school year in which school is actually in session; and

(B) the full-time equivalent enrollment in the year between the end of the last census period and the end of the current census period, of any state-placed students as defined in subdivision 11(a)(28) of this title. A school district which provides for the education of its students by paying tuition to an approved independent school or public school outside the district shall not count a state-placed student for whom it is paying tuition for purposes of determining average daily membership. A school district which is receiving the full amount, as defined by the state board by rule, of the student's education costs under subsection 2950(a) of this title, shall not count the student for purposes of determining average daily membership. A state-placed student who is counted in average daily membership shall be counted as a student for the purposes of determining weighted student count.

(2) "Equalized grand list" has the same meaning that equalized education property tax grand list has in chapter 135 of Title 32.

(3) "Equalized pupils" means the long-term weighted average daily membership multiplied by the ratio of the statewide long-term average daily membership to the statewide long-term weighted average daily membership.

(4), (5) [Repealed.]

(6) "Education spending" means the amount of the school district budget, any assessment for a joint contract school, technical center payments made on behalf of the district under subsection 1561(b) of this title, and any amount added to pay a deficit pursuant to 24 V.S.A. § 1523(b) which is paid for by the school district, but excluding any portion of the school budget paid for from any other sources such as endowments, parental fund raising, federal funds, nongovernmental grants, or other state funds such as special education funds paid under chapter 101 of this title.

(7) "Long-term membership" of a school district in any school year means the mean average of the district's average daily membership, excluding full-time equivalent enrollment of state-placed students, over two school years, plus full-time equivalent enrollment of state-placed students for the most recent of the two years.

(8) "Poverty ratio" means the number of persons in the school district who are aged six through 17 and who are from economically deprived backgrounds, divided by the long-term membership of the school district. A person from an economically deprived background means a person who resides with a family unit receiving Food Stamps. A person who does not reside with a family unit receiving Food Stamps but for whom English is not the primary language shall also be counted in the numerator of the ratio. The commissioner shall use a method of measuring the Food Stamp population which produces data reasonably representative of long-term trends. Persons for whom English is not the primary language shall be identified pursuant to subsection 4010(e) of this title.

(9) "Public school" means an elementary school or secondary school for which the governing board is publicly elected. A public school may maintain evening or summer school for its pupils and it shall be considered a public school.

(10) "School district" means a town school district, city school district, incorporated school district, the member school districts of an interstate school district, a union school district, a unified union district, or an unorganized town or gore.

(11) "School year" means a year beginning on July 1 and ending on the following June 30.

(12) "Weighted long-term membership" of a school district in any school year means the long-term membership adjusted pursuant to section 4010 of this title.

(13) "Base education payment" means $6,800.00 per equalized pupil, adjusted as required under section 4011 of this title.

(14) "Adjusted education payment" means the district's education spending per equalized pupil. (Added 1997, No. 60, § 18, eff. July 1, 1998; amended 1997, No. 71 (Adj. Sess.), § 117, eff. March 11, 1998; 1999, No. 152 (Adj. Sess.), § 166b; 2001, No. 8, § 15; 2003, No. 68, § 15, eff. June 18, 2003; 2003, No. 68, § 25; 2003, No. 130 (Adj. Sess.), § 10; 2005, No. 182 (Adj. Sess.), § 8.)