Independent school students, parents protest proposed VT rule change

By Bruce Frauman
© 2016 Telegraph Publishing LLC

MANCHESTER

A crowd of more than 800 in the Burr and Burton Academy auditorium rose in a standing ovation as a Long Trail School student chastised the State Board of Education saying, “We are the future!”

The board was meeting at BBA on Monday, Dec. 12 to hear public comment on its proposed Rule 2200 Series that, if adopted, would raise standards and requirements for independent schools receiving tuition for “school choice” students.

In an open letter handed out at the hearing, school board chair Stephan Morse wrote that “the principles driving the proposed changes are proper accountability of the state’s funds, equality of opportunity, non-discrimination and updating of language.”

Schools approved by the SBE, but not complying with the rules would not be allowed to accept public money in the form of tuition from towns. Opponents of the proposed rule change, led in large part by state Rep. Oliver Olsen, focused on the extensive financial reporting and open enrollment requirements for special education students.

Olsen told his constituents in an email that the “proposed rules will make it very difficult for many independent schools to continue accepting students with town tuition, so in effect, the rules would limit the options that families can choose from.”

More than 100 people, given two minutes each, testified at the hearing. Most extolled the benefits of school choice and the advantages of the many independent schools in the area. At least two parents said their nationwide search for schools for their children started in California and led them to this region specifically because of the availability of school choice. One speaker said the rule changes would “dramatically increase costs of all independent schools.”

The proposed rules will make it very difficult for many independent schools to continue accepting students with town tuition, so in effect, the rules would limit the options that families can choose from.

State Rep. Oliver Olsen
in an email to constituents

Alexa Manning, head of the three-year-old Downtown School in Manchester Center, agreed, saying, “the rules would have a devastating impact on our school.”

Olsen wrote his constituents, “the proposed rules would create a two-tiered system.  Children from affluent families could continue to attend any independent school of their choice, but low and middle income families would be left with a much more limited selection of schools to choose from.”

Currently, independent schools must go through an accreditation process, primarily by the New England Association of Schools and Colleges. This includes an assessment of the financial stability of the school. The new rules stipulate that the “Secretary (of Education) may also recommend that budgets are submitted in a common statewide format and that GAAP (generally accepted accounting principles) procedures be employed.” This is the same form and detail required of public schools.

Opponents say the financial burdens placed on independent schools by the proposed rules may force some schools to close or only cater to those who could afford full tuition. Teachers, administrators, parents and students from BBA, the Long Trail School, Stratton Mountain School, the Downtown School, and the Sharon Academy all expressed support for school choice in general, their school in particular and opposition to the proposed rule changes.

BBA Headmaster Mark Tashjian wrote in the school newsletter in November: “The proposed rules would prohibit sending towns from sending students to BBA unless we effectively became a public school. We would be required to have certified teachers, when many of our finest teachers are not certified. We would be required to have certified administrators, when most of our administrators are not. Under these rules, our independent board of trustees, which helps to raise millions of dollars each year ($30 million in the past 10 years) would be disbanded, and with it, our ability to raise funds that directly support education.”

Morse in his letter said “independent schools do not have to hire licensed teachers, with the exception of special education teachers.” No mention is made of administrators or the boards of trustees.

The new rules would require “the independent school to have an enrollment policy that does not limit the ability of any student to enroll based upon any disability, or race, creed, color, national origin, marital status, sex, sexual orientation, or gender identity pursuant to any applicable State or federal law.”

Regarding open access to special education students, Morse states, “The proposed rules would require publicly-supported schools to be willing to serve all areas of disability. This means the schools would have to have plans in place for how they would respond if a student with a given disability enrolled.” Currently schools must have programs available for at least four of the 13 disability categories.

The new rules would require the independent school to have an enrollment policy that does not limit the ability of any student to enroll based upon any disability, or race, creed, color, national origin, marital status, sex, sexual orientation, or gender identity pursuant to any applicable State or federal law.

Stephan Morse
Vermont Board of Education
in an open letter at meeting

One student said the teachers at a public school he attended did not know about his disability, so he kept a copy of his Independent Education Plan with him at all times. On his first day at Long Trail School, “all my teachers knew what I needed. I feel like I am part of the family. Limiting our schools in any way limits us.” Similar stories were voiced by parents, students and former students. Olympic snowboarding champion Ross Powers said his years at the Stratton Mountain School allowed him to succeed in snowboarding.

Morse states, “Open enrollment policies ensure that state resources are used to create institutions that are equally accessible to all of the public.” One student said that equal does not necessarily mean equitable. Many rejected the “one size fits all” schools that they felt the rules change would create. That sometimes the right school for a student is a public school, for others it is an independent school was also often repeated.

One rule states the independent schools must comply “with all other state and federal laws and rules applicable to Vermont public schools.” Morse admitted that “this statement has been interpreted to be overly broad.” The Board will clarity the language to ”ensure all approved schools comply with state and federal regulations restricted to safety and health laws.”

After the meeting, Rep. Olsen told The Telegraph that he felt the turnout and sentiment expressed would “make a difference.”

The SBE will finish its revision of the rule change and ask the Secretary of Education to recommend revisions to the rules and practices to modernize, enhance equity and quality, and make them more efficient. The rules will also be reviewed by the Interagency Committee on Administrative Rules.