2005 Vermont Code - § 120. — Corrections department education program; independent school

§ 120. Corrections department education program; independent school

(a) Authority. An education program is established within the department of corrections for the education of persons who have not completed secondary education and who are committed to the custody of the commissioner of corrections.

(b) Applicability of education provisions. The education program shall be approved by the state board of education as an independent school under 16 V.S.A. § 166, shall comply with the school quality standards provided by 16 V.S.A. § 165, and shall be coordinated with adult education, special education and technical education.

(c) Program supervision. The commissioner of corrections shall appoint an education supervisor to coordinate and supervise the education program.

(d) Curriculum. The education program shall offer a minimum course of study, as defined in 16 V.S.A. § 906, at each correctional facility and department service center, but is not required to offer a driver training course or a physical educational course.

(e) Commissioner of education's designation of special education program. Notwithstanding any law to the contrary, the commissioner of education, in accordance with the provisions of 16 V.S.A. chapter 101, shall designate a program to provide for the special education of eligible persons who are under the custody of the commissioner of corrections. Within the limits of funds made available for this specific purpose, the commissioner of education shall pay the costs of this program in excess of costs defined in subsection (g) of this section.

(f) Reimbursement payments. The provision of 16 V.S.A. § 4012, relating to payment for state-placed students, shall not apply to the corrections education program.

(g) Annual budget. Annually there shall be appropriated to the department of corrections an amount equal to the number of full-time equivalent students enrolled in the corrections department education program, multiplied by the average cost of public school education in the preceding year. That average cost shall be calculated to exclude debt service and transportation costs.

(h) Required participation. All persons under the custody of the commissioner of corrections who are under the age of 22 and have not received a high school diploma shall participate in the education program unless exempted by the commissioner. (Added 1987, No. 207 (Adj. Sess.), § 2; amended 1991, No. 204 (Adj. Sess.), § 11; 1997, No. 84 (Adj. Sess.), § 1; 2001, No. 149 (Adj. Sess.), §§ 38, 39, eff. June 27, 2002.)