What did the VT Legislature accomplish this year? Read on …

Taxes: paying our fair share – the “Vermont Way”

The cooperation and mutual support in the aftermath of Hurricane Irene demonstrated the best of Vermonters and our shared responsibility to help rebuild a stronger state. While there were no broad-based tax increases, there were tax changes that will put money in Vermonters’ pockets at a time they need it most. These changes promote fairness and economic competitiveness, and will help sustain our schools and state infrastructure.

Vermonters will be able to:

• Get more help from the Vermont Taxpayer Advocate, in context of a new Taxpayer Statement of Rights to be established
• Net business losses for sole proprietorships
• See less teen smoking, as small, flavored cigars are now taxed the same as cigarettes
• Have longer to file property tax adjustment and renter rebate claims
• Be exempt the doubling of interest and dividend income in the property tax adjustment, if they’re over 65
• Use two-year averaging for spending adjustments in tuition-only towns to protect against volatility
• Be free of the land use change tax for working farms, when applying for a wastewater permit
• Be eligible for new market tax credits, increased funding for downtowns, and affordable housing tax credits to help rebuild stronger communities and neighborhoods in the wake of the spring flooding and Irene
• Be forgiven from paying sales and use taxes on remotely accessed, prewritten software until 2013
• Be exempt from paying sales and use taxes for toothbrushes, floss, and other dental health items if you’re a dentist
• Including secondary packaging equipment in the manufacturing exemption from sales tax.
• Get a tax rebate if you buy a mobile home to replace one damaged by a flood in 2011
• See some property tax relief as a result of increased sales tax revenue allocation to the Education Fund
• Be free of paying tax on meals if you’re elderly or disabled and live in an independent living facility

Flood Recovery & Resiliency

Taking a lesson from the extraordinary efforts and cooperative spirit of community volunteers, our National Guard, regional commissions, and municipal government in the wake of Hurricane Irene, lawmakers joined the governor’s administration in Montpelier ready to roll up our sleeves and do our part.  Legislators came back in the fall to get a handle on the action that was needed, and the House Ways and Means Committee voted out legislation to abate the property taxes in affected communities. In addition, the Governor appointed a Long Term Disaster Recovery Group to raise private money to assist homeowners who sustained damage. There were also early efforts to help coordinate public and private resources to help mobile home owners dispose of their destroyed property so they did not have to continue paying rent on their destroyed homes.
The legislative session kicked into high gear in January and bipartisan efforts continued to maximize support for affected towns. These included:

• Delaying the local payment to the Education Fund by 90 days for cash-strapped Irene-affected towns to maintain their cash flow.
• Authorizing reimbursement to towns to abate education property taxes for properties that were partially or fully destroyed and uninhabitable after Irene.
• Putting $15 Million into the Emergency Relief Assistance Fund to hold harmless town tax rate increases over three cents for flood recovery work.
• Creating 11 new transportation positions through FEMA funds assigned to help municipalities navigate accessing federal resources.
• Passing a “Rivers Bill” that would bring Vermont communities into voluntary compliance with the National Flood Insurance Program standards and address issues that surfaced during Irene such as removal of debris, securing propane tanks, training for those working in our streams, and continued river assessment in flood prone areas.
• Modest increases in DMV fees in order to assist the Agency of Transportation with the ongoing charge of rebuilding flood-damaged roads and bridges.
• Increased lending capacity of the Vermont Economic Development Authority in order to help meet the needs of businesses as they recover.
• Regulating activities in flood plains that are currently exempt from municipal review, such as agriculture, utilities, and transportation.
• Authorization of $500,000 in refundable tax credits for properties in designated downtowns and village centers damaged by flooding this year.

Preparing for future flood disasters

For many of us, the danger posed by the flooding events of 2011 has passed and normalcy has resumed. This doesn’t mean, however, that there are not important lessons to learn to reduce the emotional and financial costs of destroyed property and disrupted lives if and when we experience the terror of another flood-related disaster in the future.

The Legislature passed measures to protect Vermonters from future flood damage. This legislation overcomes obstacles to Vermonters’ ability to get flood insurance and sets up a process to protect property from erosion damage. The major policy goals in both provisions are to provide assistance to flood victims and prevent future damage from occurring.

The National Flood Insurance Program (NFIP) makes flood insurance available to Vermonters not accessible in the free market. To maintain eligibility for this flood insurance, communities must regulate all development in the flood plain. Most towns and cities in Vermont have local flood hazard area zoning regulations and participate in the NFIP, though agriculture has traditionally been exempted. To comply with the NFIP and ensure access to affordable flood insurance, the Legislature passed S. 202, which regulates exempt land uses, including agriculture, in flood hazard areas.

This legislation also takes steps to address flood-related erosion. Legislators established a framework for mapping rivers and streams prone to erosion. We also gave municipalities the tools and authority to develop voluntary erosion hazard zoning regulations.

We have taken steps to make sure that Vermonters will continue to have access to flood disaster assistance and to reduce the damage from future storms. There is no question that we will have floods in our future; the only questions are when and how prepared will we be.

Rivers and Lakes

2011 flooding events not only changed our physical landscape, they also brought a paradigm shift in how we manage our water resources and help or hurt floodway resiliency.  Legislation passed this year will help us co-exist with our rivers and better coordinate with FEMA and federal assistance in the following ways:

• Provides expanded state assistance to communities and governmental units to comply with National Flood Insurance Program (NFIP) requirements.
• Supports communities by providing model bylaws and ordinances to regulate development in waterways and floodways.
• Assists municipalities with mapping to help identify flood hazard areas, river protection zones and areas sensitive to erosion.
• Clarifies authority and activity in rivers and streams under emergency conditions.
• Creates education and outreach to help emergency workers prepare and recover from flooding.  Simple changes in the type of activity in a river can have a profound affect on a river’s ability to stabilize, decrease future flooding and protect water quality and habitat
• A broad and comprehensive report is due next to identify the structure and funding of a regional/statewide effort to improve water quality of our lakes.  This may take the form of a “clean water utility.” It will also address lakeshore protection and restoration, agricultural impacts, urban water quality and a strategic implementation plan.

Funding our Values: the Vermont State Budget

The Appropriations, or budget writing, Committee is about much more than numbers.  Putting a dollar sign in front of a number brings to life the policy we make in this legislature.  The budget affects peoples’ lives, provides the backbone of our civic life, and points us to a brighter future for all Vermonters.

This committee builds 2 major bills each year. Early in January we addressed the Budget Adjustment Act (BAA) to adjust current year spending and ensure we end the fiscal year with a balanced budget.  In that bill, $15 Million was appropriated for the Emergency Recovery Assistance Fund (ERAF) and provided truly innovative disaster recovery initiatives for individuals and municipalities. Examples are capping municipal property tax increases at three cents for spring and Irene flood recovery and absorbing the homeowners’ portion of FEMA’s Hazard Mitigation Buyout for people whose homes were destroyed.

Following the Governor’s budget address January 12th, we took up the FY 13 budget, known as the Big Bill.  Building the budget is where your money intersects with the policy in other legislative committees.  The money and policy committees depend on each other for guidance as programs link with money to implement our goals.  Growing revenues from the slowly improving economy, past investments that saved us money, declining growth in Medicaid, and prudent use of disaster relief funds allowed us to make import investments.

Rebuilding Vermont after Irene and spring flooding accounts for nearly half of the budget increase.  $20 million in federal money is targeted for a complete revision of Vermont’s mental health system; Irene forced action on a decade long discussion to close the Vermont State Hospital replacing it with a stronger community based system and a smaller secure facility.  $100 million in additional transportation funding addresses storm damage at State and local levels.  The Vermont Housing and Conservation Board and the Agency of Commerce and Community Development are directing considerable resources to help flood ravaged communities rebuild homes and infrastructure. Mobile homeowners will benefit from $650,000 to help them replace their homes damaged in the floods.

To improve community safety, local law enforcement will have $150,000 to deal with Vermont’s growing gang presence.  We’ve added a prosecutor and two forensic investigators to stop people trafficking in internet-based child pornography.  We don’t like to think this goes on in our communities, but the Attorney General brought to us compelling evidence that it does. In addition, for the first time in several years, the full contingent of the State Police ranks are funded and our courts will no longer have furlough days but will once again be open five days a week.

Investments we’ve made in community agencies- like VNAs and Area Agencies on Aging- will improve service to our elderly neighbors who choose their care in community settings for better quality of life at a lower cost.  We were able to fund all the increased case load of graduating students with developmental disabilities who finish school and need services in the community.  This budget funds an exciting new model of addiction recovery services.  $4.1 million was added to existing resources for model of medical addiction treatment called Hub and Spoke.  This model does away with existing waiting lists for opiate addiction treatment; it builds capacity and better coordinates addiction services provided in the private arena.  In addition, recovery centers in the state will establish and move towards standards to help address the daily living needs of those who are trying to shed their addiction.

While this may seem dry to many, we are able to fund substantial improvement of the State’s technology infrastructure, some of which is over thirty years old.  This long overdue modernization of our computer systems is critical for effective and timely delivery of services, transparency of how Vermonter’s money is spent, and collecting valid data with which to make informed decisions.

To be good stewards of taxpayer money we have devised a prudent use of surpluses at the end of year: Half of the surplus goes into the Education Fund to relieve property taxes.  The other half will be split between a true rainy day fund for future difficulties and a fund to address federal cuts to the state. This provision begins at the end of FY 13.

We ended the year with a balanced budget, which we do every year, despite the large gaps that we have had to close.  It is a responsible budget that provides for the essential services of state government while saving money to address an uncertain future.

Vermont’s Working Landscapes

Over 97% of Vermonters believe the working landscape is key to our future – in fact more important than anything else, according to the Vermont Council on Rural Development.

Recognizing that Vermont’s most reliable assets are our people, our natural resources and our brand, the Working Lands bill will stimulate economic development, encouraging entrepreneurism and job creation in agriculture and in Vermont’s forest products industry.   The Agriculture Development Board established in 2010 will now also set policy for the forest industry. A new group, the Working Landscapes Enterprise Board, will implement the policy, making determinations on funding and resources for those who want to start up, expand, or branch out in agriculture and forestry.  The board will consider enterprise grants, infrastructure investments, capital for a business’ growth phase, and business planning and startup help, as well as wraparound services, technical assistance and financial packaging. Available funds may be leveraged through private funders and foundations.

This is a transformational piece of legislation.  If Vermont still has vibrant agricultural and forest activity in 20 years, it will have been because of the work started this year.

GMO Labeling

Vermonters care about food and care about choice.  Today 80% of all packaged foods sold in this country are products of genetic engineering, yet it is extremely difficult for Vermonters to make informed choices about these products because they are not labeled, or are mislabeled as “natural.”  This is a concern to many Vermonters and the impetus for the Vermont Right to Know Genetically Engineered Food Labeling bill.

Although no bill moved forward this year, action and testimony taken lays out a legally defensible case for a statewide labeling requirement of foods produce through genetic engineering. Most importantly, a record is being established and reviewed this summer to prove Vermont’s “legitimate state interest” for future enactment of these requirements. Based on testimony from dozens of expert witnesses, there is genuine cause for concern regarding the public health and environmental consequences of genetic engineering. Furthermore, reputable polling conducted by UVM indicates that nearly 97% of Vermonters favor labeling. There is increasing public concern around this issue nationwide with numerous other states pursuing similar legislation. Expect to see a bill taken up for reconsideration in the next biennium.

Hemp

The House passed a measure that would move Vermont one step closer to legalizing industrial hemp farming. Hemp is a diverse crop that can be used to make clothes, paper, fuel, and in construction. In 2008, the House passed a measure to allow the Agency of Agriculture to set up the rules and procedures for hemp farming licensing when the federal government legalizes it.  This year, the House requested the Agency of Agriculture to start setting up the rules and procedures now for hemp farming in Vermont so when the federal government legalizes it we are ready to move forward.

Vaccinations

The tension between parental rights and public health came to a head in the form of a bill that would have eliminated a parent’s right to opt out of a vaccine on philosophical grounds. At odds here are two important principles that can be summed up in our state motto, “Freedom and Unity.” Our vaccine schedule is in place to protect the public from the threat of diseases like polio, measles and pertussis.  The philosophical exemption is in place to protect an individual’s freedom to decline a medical procedure for one’s child. The House committee took a great deal of time understanding the actual immunization rates and concluded that there is currently no crisis that rises to the level of calling for the elimination of this basic parental right. Instead, the Legislature has passed a bill that calls for outreach and continued communication between parents and their school nurses with a goal to increase vaccination rates around Vermont. The Legislature was particularly concerned with making sure adequate protections are in place both for children who cannot be vaccinated and also for children with special health needs. Parents wishing to exempt their child from a vaccine will now need to sign off annually with their school nurse. The Department of Health will increase outreach into communities with lower vaccination rates and will collect more complete data about the use of exemptions.

Health Care Exchange

The Legislature took an important step forward in moving toward a health care system that provides the best care possible for all Vermonters. The combination of the Federal Affordable Care Act and the new state law passed will give many of us access to better insurance plans at more affordable prices. The Health Benefit Exchange is due to be in full operation starting in 2014.

This new marketplace will be good for our families because we will be able to compare health insurance products and define the type of health care coverage that best fits our family’s health care and financial needs. The Federal Affordable Care Act also provides for significant tax breaks for most Vermonters who purchase insurance here. These tax breaks will make good coverage more affordable.

The exchange marketplace will also be good for Vermont businesses. After 2014, small businesses in our communities will have new choices available to them to make sure that their employees have good access to care. Many businesses will have a new choice to free themselves from the burden of managing employee health benefits and be able to focus their energy on what they do best: grow their businesses and provide the best Vermont made products and services.

Vermont’s Mental Health System

Vermonters who have mental health conditions deserve to have high quality services and care available to them in both community settings and, when needed, in inpatient hospital settings. Tropical Storm Irene did suddenly what the Legislature has wanted to do for many years: it closed the Vermont State Hospital in Waterbury. Fortunately, it also provided a capital funding opportunity that we had never had before.  As a result, we’ve been able (with H. 630) to strengthen Vermont’s existing mental health care system.  The enhanced continuum of community and peer services, and the range of acute inpatient beds throughout the state, will ensure that Vermonters with mental health needs are better served.

Specifically, the bill requires:

• developing a clinical resource management system;
• integrating the treatment for mental health, substance abuse, and physical health;
• contracting for new peer services and expanding existing programs;
• enhancing existing community services at the designated agencies by using mobile emergency support teams, allowing for case management for more individuals, increasing adult outpatient services, and establishing additional short-term crisis beds;
• developing a five-bed residence for individuals seeking treatment with minimal use of psychotropic medications;
• providing housing subsidies to individuals recovering from mental illness; developing new intensive residential recovery facilities (so-called “step-down” facilities)
• and replacing the services provided at the Vermont State Hospital with:
  • 14-bed unit within the Brattleboro Retreat
  • a six-bed unit within Rutland Regional Medical Center
  • temporarily contracting for seven to twelve inpatient beds at Fletcher Allen Health Care
  • inpatient services at a temporary location in Morrisville
  • a new 25-bed acute care inpatient hospital in central Vermont
  • a secure five-bed residential facility

Youth Smoking Prevention

The Youth Smoking Prevention bill passed this year creates and implements several strategies to curb smoking rates. 14% of all high school boys smoke cigarettes and 18% smoke cigars, cigarillos, and little cigars. This is a cost not only to our children’s health, but also to our community in general.  The bill bans the sale of electronic cigarettes, a tobacco product, to children under the age of 18.  E-cigarettes have tested positive for cancer-causing toxins by the FDA and are a gateway for children to start using tobacco products. This bill requires little cigars, which are similar in size to cigarettes, to be packaged in packs of 20 and brings their tax rate closer to cigarettes.  It also increases their cost, thus less accessible to children. The bill also bans commercial rolling machines in the state and creates better signage about cessation programs where tobacco products are sold. These strategies, combined with critical cessation programs, will help to eliminate smoking in our state.

Treatment for Opioid Addiction

Opioid addiction is a serious problem for both the individual who is addicted and for society at large. This problem is evident in all age groups and all socio-economic levels of society. Providing adequate and appropriate treatment is imperative. H. 627 authorizes the Department of Health to establish a regional system of opioid addiction treatment sometimes referred to as the Hub and Spoke Initiative. In this initiative, an individual will receive appropriate, comprehensive assessment to determine whether pharmacological treatment, which may include methadone, buprenorphine, and other federally approved medications, is medically appropriate. If it is available, then the individual will receive that treatment, if that person agrees to abide by certain rules of conduct. Helping a person overcome or legally manage an addiction is in the best interest of all of us.

Sixteen Year Olds May Donate Blood

Getting a blood transfusion can literally save an individual’s life. We often hear that the blood supply is dangerously low. By increasing the pool of possible donors, H.760 will help maintain the needed supply of blood. This bill allows sixteen year olds to donate blood if they meet the criteria of the organization conducting the blood drive. High schools often host blood drives and by allowing more high school students to start giving blood during those years, it not only increases the blood supply then, but may also increase the likelihood that those students form a life long habit of giving blood.

Protecting Adults from Abuse, Neglect and Exploitation 

Older Vermonters and Vermonters who have disabilities are sometimes vulnerable to abuse, neglect and exploitation. Adult Protective Services (APS), in the Department of Disabilities, Aging and Independent Living (DAIL), investigates complaints about these issues. Advocates have been concerned that APS has not been adequately protecting these Vermonters.  To address this, the Legislature passed a bill to ensure these problems are thoroughly addressed.

H.290 requires DAIL to collect and provide some very specific data to the Legislature to see how Vermonters are truly being protected. It also calls for an independent evaluation of Adult Protective Services.

The Capital Bill

This year’s Capital Bill is designed to invest in our recovery from Irene.  Funds are allocated to the creation of a new system of mental health care to replace the Vermont State Hospital. Funds are dedicated to the restoration and re-use of part of the Waterbury State Office Complex. These investments will improve the future delivery of services to Vermonters and the effective fulfillment of government functions on their behalf.  Together we will be able to use these facilities to care for Vermonters who need help, to keep our communities safe, and to ensure the efficient operation of state government.

Mental Health System of Care : Capital Bill funds are allocated to the relocation or replacement of services previously provided at Vermont State Hospital. This will include the establishment of a 14-bed unit for acute care at the Brattleboro Retreat and 6 such beds at the Rutland Regional Medical Center. A new 25 bed facility in Central Vermont will also be funded for planning and construction. All of these projects are part of the recently adopted Mental Health System plan for statewide care in facilities and in our communities.

Waterbury State Office Complex: Large sections of the Waterbury State Office Complex will be renovated and re-used. Some of the buildings that are most heavily damaged and closest to the river will have to be torn down, and some buildings close to the street may be transferred into private or municipal ownership. The line of the oldest buildings across the front of the complex will be flood proofed, and renovated for state use. Flood mitigation measures will be undertaken for all structures and in the floodplain areas near the river. Approximately 700 employees will come back, so that together with the Department of Public Safety and Forensic Lab employees there will be about 900 state workers at Waterbury.

JUDICIARY

Protecting civil liberties is a continuing priority for the legislature.  This year, we clarified and strengthened a number of statutes.  Vermont is nearly unique in the way we prohibit discrimination (by connecting our public accommodations statutes to our education statutes) and it is our expectation that our schools will be free of harassment, hazing and bullying.   Students cannot fully access educational opportunities when the school climate is hostile.  We have made it clear that we want school authorities to take reasonable action to prevent continuing hostility in the school when behavior is either pervasive or severe, or both.  At the other end of the age spectrum, we have worked further to protect vulnerable adults.  The Attorney General’s office can now file a civil cause of action in cases where vulnerable adults have been neglected or abused.  This additional tool will allow Vermont to pursue fines and demand corrective action where warranted without closing group homes and adult care facilities.

Vermont has been a leader when it comes to enforcing civil rights under the state constitution’s common benefits clause.  We were first to allow same-sex civil unions and a decade later, we were the first state legislature to pass a marriage equality law.  But same-sex couples who came to Vermont to legally solemnize their partnership, who later wanted to dissolve that union, have not been able to do so if their home state does not recognize same-sex unions.  Our new marriage dissolution statute eliminates the 6-month residency requirement to dissolve a marriage or civil union in cases where couples are unable to dissolve their legal union in their home state.

Why are Vermont’s racial minorities overrepresented in our prisons by a factor of seven?  A new study will examine the legal and non-legal factors that may lead to arrest and also examine disparities in sentencing.  The Vermont State Police as well as the Burlington, South Burlington and Winooski police departments have shown strong leadership in examining racial bias by collecting data on roadside police stops and arrests; this new statute requires all Vermont’s law enforcement agencies to adopt bias-free policing policies by January 2013.

What if you did something incredibly stupid and irresponsible as a youth, or just had a low-level drug possession charge, and now have a criminal record as a result?  What if you’ve lived a stellar life ever since, but because of your record have had difficulty obtaining a job or professional licensure?  We believe people deserve a second chance.  As of July 1, 2012, if you were convicted of a non-violent misdemeanor years ago, have gone at least 10 years without new charges and paid any restitution owed, you can apply to have your record expunged or sealed.  If the court agrees to expunge or seal records, you may lawfully claim not to have a criminal record.  We believe this will help those people who have turned their lives around since a youthful indiscretion.

Vermonters who inherit an estate or who receive some type of legal settlement may have it structured in such a way that the payout is made over time or deferred to a future date.  Perhaps you’ve seen the commercials with people yelling “It’s my money and I want it now.”  If so, you’ve seen the workings of a few companies that buy out these structured settlements, often for pennies on the dollar.  There are times when someone may have a legitimate and immediate need to cash out for a much-diminished return, but our judges have seen some questionable deals and been powerless to protect Vermonters from exploitation. The settlement buyouts will continue under our new statute, but the company must completely disclose how much money the individual would lose in the deal and also provide findings to the court on why the original terms of the settlement should be altered.

The most common non-violent misdemeanor charge in Vermont is driving without a license.  Nearly 38,000 licenses are suspended and about 60% (23,000) of these suspensions are for failure to pay fines and for accumulation of points, resulting in situations hard for many people to extricate themselves from. After July 1, the department of motor vehicles, diversion boards and the judicial bureau will begin notifying people of their eligibility to enter in to a diversion contract in order to clear their driving records.  This should take some pressure off the courts and save tax dollars.  The diversion program for DLS will also get people back on track with our legal system.

Universal Recycling and Solid Waste

H. 485 takes the first step to achieving universal recycling in Vermont. It improves solid waste management services to divert waste from landfills to facilities that can turn the material into alternative products or uses. Vermont has only two landfills and may have just one in the near future. It is imperative to reduce the quantity of waste currently going to landfills.

Specifically, H.485 sets a schedule to ban recyclable material from landfills statewide. It will require diversion not only of traditional recyclables, but also of yard residuals and other organic materials such as food waste. This bill also requires an assessment of state waste-management systems with recommendations for improvement.

There are tiered implementation dates from July 2014 to July 2020. Solid waste facilities, transporters/haulers, and individuals have compliance target dates that allow for education and smooth transition. The bill also creates economic development opportunities, particularly for organic waste that may be converted to compost, energy recovery, or agricultural use.

Investing in Renewable Energy

This year, the Legislature has kept Vermont on the path of reducing greenhouse gases while growing our green economy. We did this by setting long-term renewable energy goals and expanding our “standard offer” program, which provides for long-term, stably-priced contracts for small renewable projects. The deliberate pace of this roll-out will minimize rate impact and take advantage of the steadily decreasing cost of renewable technologies. We also set a fair, uniform “capacity-based” tax for solar projects at $4 per kW. Prior to this, with no agreed-upon way to tax solar arrays, developers suffered under a cloud of uncertainty. Residential-sized solar (under 10 kW in size), however, is exempt from taxation.

Economic Development – Tracking Genuine Progress

How do we measure progress in what we spend in our economy? Currently, we only measure the money spent, but that does not always indicate our true progress. For example, we spend a lot of money on prisons, but do we advance the people we incarcerate? Working with the University of Vermont’s Gund Institute of Ecological Economics, the Legislature passed a bill that advances a new method to determine the societal benefits of our spending. The “Genuine Progress Indicator,” or GPI, will include data points to measure and track Vermont’s economic, social, and environmental progress each year. This data will be used to supplement the traditional measure of gross state product that tracks the overall dollar value of the goods and services produced in the state. By measuring a broader range of indicators, Vermonters can assess the true impacts of their policy decisions.

Mutual Benefit Enterprise
When a group of producers who operate cooperatively – such as farmers, artisans crafters, or cheese makers – want to build a production facility so they can add value to their products, they need capital.  If the producers don’t have enough of their own capital, they can now seek investors who are not producers themselves.

Vermont’s new Mutual Benefit Enterprise structure allows producers, value-adders, and investors to come together for their mutual benefit in an enterprise that is protected from provisions of antitrust legislation.  This business form will allow Vermonters to capture more of the value from their farm and forest land and will help these enterprises get the resources they need to grow their sales and their employment.

Community High School of Vermont

The Community High School of Vermont (CHSVT) is a fully accredited high school through New England Association of Schools and Colleges.  It is within the operational functions of the Department of Corrections and the regulatory responsibilities of the Department of Education.

With seventeen campus sites throughout the state, CHSVT has a branch in every Vermont correctional facility as well as in many of our communities.  Educational services are provided for those while incarcerated in additional to parolees when back in our communities.  This year, the Legislature strengthened the program – at no cost to taxpayers – by making a number of technical changes to the laws governing the program.  Those include references that amend the structure of the board to ensure geographic distribution, clarify references of special education services, and permit the statewide board to create a structure for local advisory boards.

Green Cleaning Products

Protecting the health and safety of Vermont’s children remains a top priority for all of us. In recent years, the number of children suffering from illnesses triggered by toxins in our environment has risen dramatically. In response, the Legislature worked with school administrators, custodians, and health officials to craft a law that would make schools healthier for all occupants.  Young children are especially vulnerable to environmental toxins because of their small lungs and more frequent contact with floors and surfaces that harbor residue from toxic cleaning substances.  S.92 requires that distributors and manufacturers sell only environmentally preferable cleaning products and air fresheners to schools, school districts, supervisory unions, or procurement consortiums. It does not limit the sale, use or distribution of “anti-microbial pesticides” (e.g. disinfectants and sanitizers). The bill is sensitive to the burdens schools face on a daily basis and carefully balances our interest in protecting kids with the efficient operation of school buildings.  By supporting the use of green cleaning products in schools, we demonstrate our commitment to protecting our natural resources and keeping Vermonters safe.

Educational Leadership

Vermont spends $1.5 billion each year on education. Relative to our investment, we have successful outcomes compared to other states. But we can do better. With a Secretary of Education in the governor’s cabinet, he or she can convey a unified vision to deliver effective outcomes that improve the quality of education in our state. Every two years, the electorate can hold the governor accountable for Vermont students’ education metrics and the cost of delivering them. Furthermore, our new education governance model will help us reduce the achievement gap, which costs our state in so many ways.

The Legislature passed a law this session enabling the governor to appoint a Secretary of Education beginning January 1, 2013. This bill elevates the Commissioner of Education to a cabinet level position and gives the governor authority to select a secretary from a pool of three candidates advanced by the Vermont Board of Education. Permitting the state board to select candidates also provides a buffer against the politicization of education at the state level.

This legislation significantly increases transparency and accountability at the state level.  It will help Vermont administer statewide education policies more efficiently and allow decisions related to education to be made in the context of broader state priorities. Greater transparency and accountability will elevate the importance of education policy and put it on par with other vital services administered by state and local government.

CPR/AED Training in Schools

After seeing an elderly man collapse near a sporting event and only 1 person knowing CPR, Williston’s Tommy Watson decided to make CPR training a part of his 8^th grade community service project.  Tommy received a CPR training kit from the American Heart Association, which contained an instructional video and inflatable manikin.  Not only did he find it easy to learn and retain, he went on to train almost 250 people in hands-only CPR including the Lieutenant Governor.  Tommy helped drive legislation passed this year that will require schools to offer CPR and AED training to all 7^th-12^th grade students starting in the 2013-14 school year.

Prohibition on Fracking 

Governing Magazine identified enhanced extraction of natural gas, called hydraulic fracturing or “fracking,” as one of the “issues to watch in 2012.”  Although Vermont does not appear to have a good source of recoverable natural gas, there are some shale deposits in the northwest corner of the state that could be of interest for extraction in the future.  Nearby Quebec has found some commercially viable sites.  

Hydraulic fracturing (differentiated from benign hydro-fracturing for well water) involves horizontal drilling at considerable depths and injecting millions of gallons of water mixed with sand and chemicals.  Over the past 10 years, the use of fracking has grown about 3000% and many questions remain unanswered as to the effect on air and water quality and seismic activity.

This spring, the Legislature passed a bill making Vermont the first state in the nation to place a prohibition on fracking.  Over the next three years, the Agency of Natural Resources will be reviewing upcoming studies and putting rules in place to make sure our air and water are protected should the prohibition ever be lifted.

Supporting Growing Industries

Vermont’s beer, wine, and liquor manufactures are part of an exciting, burgeoning new industry. To support them, while also maintaining important protections, the Legislature made a number of small though valuable adjustments to state liquor laws. Restaurants that cater events will now no longer need to seek out a separate catering license to serve alcohol and, likewise, caterers who do not have a restaurant can apply for a license to sell wine and beer at their events. These changes simplify the regulations for businesses and those planning events alike. The Legislature also enabled vintners to deliver more of their own product to retailers and restaurants. Finally, this year’s legislation expands the liquor control board from three to five members in response to a growing desire to have wider representation of regions and interests on the board.

Growing and Preserving Affordable Housing

Irene devastated mobile homes across Vermont. Since September, state agents have been working to find a way to increase affordable housing and access to new mobile homes. S.99 addresses these needs and provides the governor’s administration with the tools it needs to aid in the redevelopment of mobile home parks and alternative housing. S.99 also gives municipalities a new option in disposing of abandoned mobile homes and provides landlords with a definitive timeframe when disposing of unclaimed property after an eviction. Additionally, legislation was also passed this session that prohibits discrimination against affordable housing units in land use decisions, ensures homeowner safety in licensing of electricians, and creates a specialty license for renewable energy installers.

Mobile home financing and weatherization

Housing that’s affordable for modest income households consists mainly of older, energy-inefficient homes and mobile homes; neither is an adequate answer for housing.  The financing of mobile homes has been especially difficult since the meltdown of the investment banks and subsequent federal banking regulations. The 2011 flooding in Vermont only made things worse.  The Legislature stepped in to help.  As a result, homeowners across the state will have access to new funding for weatherization, and mobile home owners will be eligible for tax incentives and financing help totaling $1.1 million, and will be able to form cooperative mobile home parks.

Recognition of Native American Indian Tribes in Vermont  

Legislation passed this year recognizes two more Abenaki bands: the Missisquoi St. Francis-Sokoki and the Koasek Abenaki of the Koas.  This historic moment comes two years after enacting a law that set up a process and criteria for recognition and after decades of political gridlock on the recognition of the Abenaki people. Gaining state recognition will mean artisans can seek federal arts and crafts designation to sell their handmade wares for a fairer price, which presents new economic development opportunities to otherwise struggling Vermonters. It also allows the tribes to apply for federal and private education, cultural preservation, and social services grants to help their people thrive and their way of life survive. What this recognition does not afford is the ability to engage in illegal gambling activities or build casinos.

Military Affairs

This year the Legislature was able to correct a long-standing wrong.  The property tax exemption benefit has only applied to those veterans disabled while serving in a war or overseas.  Soldiers who are 50% disabled as a result of service incurred stateside or during peacetime will now be eligible for the property tax exemption benefit.

Health care became an issue for several Guard members.  This resulted in a clarification that any Guard member called up for less than thirty days can keep their pre-existing insurance coverage.  Once thirty days has passed, the State can start paying the employers’ share of healthcare costs, thus keeping seamless coverage for the entire family.

Honoring Our Fallen Soldiers “Next of Kin” license plates

We have passed a “Next of Kin” bill, which will allow family members who have lost soldiers serving honorably in non-combat active duty to be issued a special license plate.  This plate significantly resembles the Gold Star plate issued for the families of those who die in combat.  Vermont joins 30 other states in honoring these “Next of Kin” families.  This provision is consistent with the American Gold Star Mothers requirement that “the only requirement [for membership was] that the death was while on active duty. There was no requirement that the death was in a particular manner (ie. combat).

This will prevent the unfortunate experience of a few years ago when, a Vermont family, whose son was killed in a training accident, was the only the family of the three serviceman (two from other states) which did not receive a Gold Star license plate.  Our work will reflect the differences recognized by the Department of Defense between combat and non-combat deaths by issuing two distinctly different pins:  the Gold Star for those killed in combat, and a “Next of Kin” pin for those killed in non-combat active duty.

Search and Rescue

Levi Duclos was a 2010 graduate of Mount Abraham High School in Bristol where he helped found the Environmental Club.  He spent a year hiking in the western U.S. and in Nepal, where he also taught English in a small mountain town. Last fall he entered Reed College in Portland, OR; over winter break, he came home to visit his mother, brother and friends.

Levi went for a hike with his dog on January 9th.  He brought along his cell phone and let his family know where he was going and when he expected to return.  When he hadn’t returned by early evening, his mother called for help.

His body was recovered the next day from the ridge up above Ripton and Lincoln. He had died of hypothermia during the night. His death was a tragedy that has echoed across the state.

The Legislature is not an appropriate institution to establish responsibility for Levi’s death.  Our role is to examine the state’s current capacity to conduct effective search and rescue missions and to continually improve that capacity.

H. 794, our “search and rescue bill,” establishes interim protocols for search and rescue which will stay in place until further legislative action.  Under the interim protocols, local search and rescue operations will:

• Use the incident command system;
• Respond immediately to every call, in consultation with the state police search and rescue team;
• Attempt the earliest possible rescue or recovery of every person in need of help;
• Call upon the individuals and organizations capable of helping listed in the search and rescue database
• Receive more training from the Criminal Justice Training Council.

In addition, a search and rescue strategic plan committee will convene leaders from all participating agencies to further examine our current approach, suggest improvements, and report back to the Legislature by Dec. 15, 2012.

Embezzlement: prevention & detection in our municipalities

Vermont has earned the dubious distinction of being first in the nation for being at high risk of embezzlement according to a 2012 report.  Something needed to be done to protect taxpayers’ money in municipalities.  Legislation passed in S.106 authorizes the State Auditor to create an internal controls checklist and provide education to county, municipalities and school district personnel who receive or disburse funds.  The document is designed to determine that financial controls are in place to assure proper use of all public funds.  The legislative bodies of these organizations must receive and review the checklist and insure sound systems of internal financial controls are in place.  Treasurers must file quarterly reports with the Selectboard or School Board regarding his or her actions.

The best deterrent to prevent fraud is to create the perception that people are being watched.  Good working internal controls can be very effective in creating an atmosphere in which it is difficult to create this crime.

Redistricting

 This process began with six public hearings conducted across the different regions of the state followed up by extensive testimony within the State House.  The Legislature set a goal to honor the overwhelming sentiment from the public to make as few changes to districts as were necessary and avoid splitting towns and villages.  By constitutional mandate and state statute, reapportionment must maintain equality of representation as nearly as is practicable based on the 2010 census numbers.  Difficult decisions were made to balance these goals.  Because population has shifted northward, Burlington was given an additional seat, eliminating one from an area of the state with population decline.  Fifty districts had absolutely no change, except perhaps for district name.

Vermont was awarded an A for redistricting by State Integrity Investigation.  Due to our earlier primary date, the Secretary of State’s office is preparing primary ballots to send overseas to our military as per federal law.

 Transportation – Investing in Our State Infrastructure

Vermont’s budget invests in a safe, efficient, and fully integrated transportation system. Transportation investments strengthen our economy and improve quality of life. The administration has proposed one of the largest transportation budgets in history – $658 million in 2013 – that seriously addresses neglected infrastructure needs as well as challenges presented by Irene.

Here are some additional highlights from this year’s transportation budget:

• For the first time in nearly a decade, the number of miles of highway rated very poor condition is at 25%, meeting the performance goal for this measure.
• The $104 million proposed for paving in 2012 will continue to increase the rating of state road condition.
• The 2012 budget for bridges is at record high of $123 million with the Champlain Bridge already completed. From 2010 to now, the number of structurally deficient bridges has come down from 16% to 9% – moving Vermont up from 42^nd place ranking to 29th among states.
• The purchase of Vermont Strong license plates goes to the Vermont Disaster Relief Fund and Vermont Foodbank. There are now over 25,000 in circulation – buy yours today.

April 25: Legislative Update

Dear friends,

VERMONT IN SPOTLIGHT AT NATIONAL HURRICANE CONFERENCE

News Release

VERMONT IN SPOTLIGHT AT NATIONAL HURRICANE CONFERENCE

ESSEX JUNCTION, Vt. – When it comes to hurricanes, many people think Vermont is not in danger. But last August, as Hurricane Irene downgraded to tropical storm status, Vermont suffered a major blow that severely tested the state’s resources.

At the 2012 National Hurricane Conference in Orlando from March 26 – 29, Vermont will be in the spotlight for its response to Tropical Storm Irene and the state’s focus on meeting the needs of residents with disabilities and those with access or functional needs who took refuge in shelters.

Presenters will be Robert Schell, Chief of Field Operations for Vermont Emergency Management and Kate McCarthy-Barnett, Disability Integration Specialist for the Boston office of the Federal Emergency Management Agency. The American Red Cross will also be featured in the presentation.

To help entire communities recover from Tropical Storm Irene, FEMA and VEM began working together to ensure that people with disabilities and those with access or functional needs were able to fully participate in disaster recovery programs.

Within two days of the storm, the Vermont Interagency Emergency Response Committee was formed and included representatives from FEMA, VEM and the Red Cross along with over 40 disability organizations and agencies. The committee members joined daily conference calls and collaborated on the needs of the community and shared local resources.

Tropical Storm Irene was the first large‐scale disaster in Vermont since the development of the Functional Needs Support Services (FNSS) guidance. It provided an opportunity to implement FNSS in a real-world response and recovery situation for individuals with disabilities.  A Sheltering Team integrated partners and other specialized community leaders in planning to accommodate individuals with access and functional needs in general population shelters.

Pre‐event planning and creative modifications allowed for integration in specialized shelters where disabled populations are often isolated. The team worked directly with people with functional and access needs within the shelters, ensuring they had a voice in identifying appropriate services and information formats.

“Vermont made great progress in inclusive planning for people with access and functional needs in shelters set up in affected communities,” said Vermont Emergency Management Director Joe Flynn. “We are honored to bring Vermont’s story to this national workshop.”

To make sure the whole community is engaged, FEMA’s McCarthy-Barnett has been in Vermont since the storm to not only advise FEMA and state leadership on the issues, but also to engage local and state community leadership as partners.  She was the keynote speaker and a participant in Vermont’s annual Disabilities Awareness Day activities on March 21.

“The collaborations that took place after Irene between state, federal and the disability community enhanced the delivery of services to individuals with disabilities and those with access and functional needs,” said McCarthy-Barnett. “That has continued into the long-term recovery phase.”

Considerations in reaching the target population include:

• Physical needs: Shelters, meetings, disaster recovery centers and other physical locations must be accessible.
• Communication needs: Materials should be available in plain language and in alternative formats such as large print, Braille, sign language interpreters, and by TTY.
• Programmatic needs: The approach is holistic to ensure that all programs, policies, services, and messages are accessible. When not possible, alternatives are offered. For example, if a meeting is advertised, a phone contact or e-mail address should be included for people to request reasonable accommodation to their specific needs.

The community has been engaged in a number of other ways including facilitating a series of presentations and meetings to get the word out about disability integration in emergency management, building capacity for response efforts, and enhancing community networks.

“FEMA is committed to ensuring that key aspects of recovery are available equally to all residents of Vermont or any other state where a disaster is declared,” said FEMA Federal Coordinating Officer James N. (Nick) Russo. “We need to provide accurate and accessible information to everyone who needs it.”

The National Hurricane Conference is a nationwide forum for education and professional training in hurricane-related topics. Participants include law enforcement, amateur radio, hospital and nursing home officials, transportation interests, engineers, insurance company representatives, armed forces disaster preparedness officials, fire and emergency services personnel and emergency managers.

More information on the National Hurricane Conference may be found at http://www.hurricanemeeting.com/.

###

FEMA’s mission is to support our citizens and first responders and to ensure that as a nation we work together to build, sustain, and improve our capability to prepare for, protect against, respond to, recover from, and mitigate all hazards.

Buxton Banner – Town Meeting 2012

I really enjoyed catching up with neighbors in Royalton and Tunbridge at the school and town meetings earlier this week. I brought copies of the most recent Buxton Banner to share. If you didn’t make it to one of the meetings, you can pick up a copy at both town offices, or click here to read online!  Buxton Banner – Town Meeting 2012 

As always, let me know if you have questions or concerns.

Sarah

Vermont Farm Disaster Relief Fund Announces new grant round for emergency feed assistance

Buxton Banner – February 2012

Private Schools; A Public Dilemma (from vtdigger.com)

Posted By VTD Editor On January 26, 2012 @ 10:41 pm In Recent | 1 Comment

Editor’s note: A version of this story by Katie Jickling first appeared in The Herald of Randolph on Jan. 12.

State ­­Rep. Sarah Buxton, D-Tunbridge, is submitting a bill today that will likely stir controversy among education policymakers. Her proposal would allocate more public money for independent schools and require that those private schools offer special education programs.

As the state representative for both a school-choice town (Tunbridge) and a town with a designated public high school (Royalton), Buxton treads a fine line between two differing ideas about government intervention and equality in public education.

The issue of how to incorporate school choice and independent schools in the state’s public school system has been an ongoing issue as legislators have sought to reform the state’s education system through district consolidation and other efforts. School choice proponents have often clashed with public school advocates over equity and funding.

Buxton’s proposal would require compromise from those on both sides of the issue. Her legislation would require independent schools like Sharon Academy to become certified in special education programs. It would also allow private schools to set higher tuition rates, closer to the state average, that would be met by sending towns. The proposed bill also contains basic requirements for schools receiving public money, such as complying with all state and federal assessment requirements for public schools.

“I’m not trying to make approved independent schools function like public high schools,” she said. “I acknowledge that more flexibility has helped them to have a different type of educational opportunity. Whether or not they can provide special education to everyone, I believe Sharon Academy provides an excellent education. Their standard is one I think that the public schools would like to adopt if they didn’t have those kinds of restrictions.”

The compromise approach gives her optimism about the bill’s passage.

^[2]Rep. Sarah Buxton

“I think it will pass,” she said. “If I can show that the two parties that have the most interest in this bill, approved independent schools and public schools, can both come to the table and say ‘we can live with this,’ then the bill can move out of the committee.”

Last year bills on regulations for independent schools that receive public money were introduced in both the House and the Senate, by Rep. Anne Mook, D-Bennington, on the House side, and in the Senate by Sens. Dick McCormack, D-Windsor, Harold Giard, D-Addison, and Mark McDonald, D-Orange.

Both bills envisioned a stringent reform for policies regarding “choice” students, requiring all independent schools — whether focused on ski or hockey, special education or general education — to meet the standards of public schools in order to receive public funds.

The justification for the legislation, McDonald argued, was equity. “Private schools would not be able to cherry-pick students and still take public money,” he said.

Under the current system, state tuition money for students of “choice” towns – towns where there is no designated public school — travels with the student to the school of their choice. Tunbridge, Strafford, Sharon and Thetford are among 91 such towns in Vermont where students have school choice. As an independent school drawing from these towns, The Sharon Academy has surfaced as a source of contention in the debate.

Although some choice towns limit education options to a few surrounding schools, many others allow students to use public funds to attend any school in Vermont or beyond, provided that they find their own transportation. Private schools — or more specifically, approved independent schools — can also accept these students, though at times, as in the case of Sharon Academy, admission policies apply.

Neither bill last session gained traction. Vermont Education Commissioner Armando Vilaseca maintained that last year’s suggested measures were too strict to be effective. The proposition, he reasoned, was “too comprehensive in its expectations that all schools be held to the same standards, especially for smaller schools that have a focused and specific mission.” As a result, his department opposed the policy.

At the end of the last legislative session, S.044 in the Senate had been tabled, and H.170 remained in the House Education Committee. Neither bill, agreed both legislators and officials, is likely to be taken up again this session.

A level playing field?

Meanwhile, deep-seated and divergent opinions from the area’s educators, citizens and school administrators smolder as they weigh potential effects of the proposed changes.

Tom “Geo” Honigford is perhaps the area’s fiercest advocates for “a more level playing field” among public and independent schools. Honigford, a farmer in South Royalton, taught at Sharon Academy for several years and now serves on the Royalton School Board.

Current education law, Honigford argues, unfairly privileges school-choice students and creates inequities in how it treats mandated offerings for public and private schools.

Independent schools, he said, don’t play by the same legal rules. They don’t have to take all comers — students go through an admissions process. Teachers at private schools don’t have to be licensed. Compliance with special education and the federally mandated No Child Left Behind Act is optional. Free and reduced lunch programs are not required.

^[3]Whitcomb High School, Bethel

These differences have always existed between public and private education. The inequality issue kicks in, Honigford said, when independent schools exercise these privileges while accepting public money.

He has described this policy, especially the application process, as “educational apartheid.”

That’s “kind of a strong word,” he admitted, “but ‘apartheid’ means separatism.”

“Randolph, Bethel, Rochester, Chelsea are all comprehensive schools, and are teaching to the ones that are going to college and the ones that are not going to college,” he continued. “Probably some of their students will drop out of school and they’re teaching them, too.”

Honigford said he sees the value in a Sharon Academy education. “It’s not about the quality of the education,” he said. “It’s about who gets that education.”

Drawing from his work in politics and as a former Randolph middle school teacher, Sen. Mark McDonald of Williamstown was one of three senators to champion Honigford’s ideas when he co-sponsored a bill in the Senate last year.

During his career as a teacher, McDonald said, “I worked hard to make sure that every child felt entitled to go to school, even those from diverse backgrounds, and learn from each other.”

McDonald added that removing students from that environment negatively affects the whole system. “Kids make classes work by participation as part of a team. It makes the public school a less useful place.”

At the academy

In his office at Sharon Academy, Michael Livingston pulled up a chair alongside Amber Wylie, associate director of communications and admissions, and Jen Hayslett, the senior director for development and communications.

Livingston is in his seventh year as head of school, after serving six years as humanities teacher and assistant head. Previously, he served in various administrative capacities in public schools including Royalton, Norwich Elementary and Hartford.

To dispel lingering allegations of elitism, Sharon Academy administration underscored their educational philosophy as unique and challenging, but not exclusive.

The Sharon Academy, Livingston explained, was started 16 years ago with 12 students with “the impetus to create a safe, welcoming environment,” while “not isolating students with different learning styles of disabilities or interests.”

Sharon Academy also prides itself on its egalitarian approach, doing without such stratifying components as National Honor Society, advanced placement or honors classes. The high school now has 131 students, with an additional 40 middle school students housed in the Old Schoolhouse in Sharon. Some 80 percent of its students hail from “choice towns,” and so attend with public funding.

The academy uses a different methodology that isn’t always comparable to public schools, Livingston said.

“In terms of formal state regulations, we don’t provide special ed,” Livingston said, adding that the academy has its own system in place for students with disabilities or who need academic support.

Allowing that they don’t accept 100 percent of applicants, most often due to space, Hayslett asserted, “It’s not about being elitist. It’s about giving kids opportunity.”

“We get to know students well and build that trust and respect,” Livingston added, “to build life-long learners.”

And, contrary to the perception that Sharon Academy has abundant resources, the school was forced to cut its lacrosse program this year, instituting co-ed club ultimate Frisbee instead.

“Even Hartford with a huge facility can’t accept every single student,” Livingston continued. “The question is, where are we getting into massive duplication of services? We can’t be all things to all kids.”

Mill Moore, executive director of the Vermont Independent Schools Association, concurred. “Independent schools do things that the public system doesn’t want to or are unable to do,” he said. “There’s no point in being independent if you can’t be different.”

“The rules we’re playing by are the rules that are laid out,” Livingston concluded. “We’re not manipulating the rule. It’s public money for public school kids.”

Pupil shortage puts schools in competition

Parties on all sides of the school choice debate say the issue is exacerbated by low student enrollments statewide.

Fewer students results in fewer state dollars for schools, and as enrollment drops, the base costs for small schools can’t be reduced, spreading resources thinner and thinner.

“This issue didn’t exist 10 or 15 years ago,” Livingston said. “There were enough students to go around.”

^[4]An empty classroom. Vermont’s student population has declined by about 20 percent.

Geo Honigford agreed, noting that now, “SoRo is competing with Sharon for students.”

Specifically, Honigford estimated that “If TSA was not there at all, we would probably have 16 more students, at a tuition of $14,500 per year that means $232,000.”

Most schools in the area suffer from declined enrollment, he continued. “There are kids every year that leave Randolph and move to a choice town to send their kids to Sharon Academy. For each kid that moves, that’s money being lost for the Randolph school system.”

“I can’t stress enough,” Honigford repeated, “that I think private schools have a right to exist, so I am not calling for them to not be able to accept public money. They just need to accept it on the same terms that public schools do.”

The Sharon Academy has been working to accommodate those needs. Although there is no legislation requiring them to do so, the school is currently in the process of becoming certified in two of the 14 national special education categories. Though the academy is not certified in any of the federal special education programs, through referrals and their own observation, the school develops personal Education Support Plans, its equivalent of the Individual Education Plan, a special education program used in public schools.

About 11 percent of the students at Sharon Academy have “academic diagnoses,” while 35 percent are involved with some type of academic interventions, ranging from brief to long term, according to data from the school.

Although the special education certification would placate critics, it would also increase the school’s dependency on tax dollars when it starts to receive federal funding. The administration also predicts more applications with the increase in programs, which would mean turning away more students.

To address special education, the most contentious aspect of the dispute, Buxton’s bill requires that independent schools accepting public money become certified in four federal categories, two by July 1, 2013, and two more by July 1, 2015.

This stipulation, Buxton said, would meet the standards “related to more basic disabilities, and that appeal to the broadest number of students in the state of Vermont.”

“It would not make that a completely equal playing field for both types of schools,” she acknowledged. “But I feel that by pushing this bill forward outlining 6-8 categories, both the needs (of the independent and the public schools) can be met.”

Under the current system, the public school is also responsible for tuitioning out any student they cannot serve, often at high cost, an issue highlighted by Honigford. That same burden would not be placed on independent schools in Buxton’s existing proposal.

Out of the 14 total categories, Buxton estimated that most public schools are certified in about 10.

Funding increase

Buxton’s legislation would also increase the funding that independent schools like Sharon Academy can receive from sending schools, putting the figure more on par with the state average. Currently, the academy has limited its tuition to the 2011-12 state rate, “so every student in choice towns can come here,” Jen Hayslett said.

The current tuition rate at The Sharon Academy is $12,035, compared with an average cost per student between $15,000 and $16,000 in most public schools.

The bill will also allow the application process to remain unchanged, a point that may generate controversy.

“I’m not sure that I really support eliminating the application process,” Buxton explained. “And I think that the public school could adopt a permutation of that policy. When you’re affirmatively choosing to attend that school, you take a more active role in your education than if you are just enrolled.”

Buxton recognized that “Some people could look at this and say this is a political nightmare.” But that just made her more determined to push ahead.

“I really value education, and I said, if they’re disagreeing about this, I want to be part of this conversation; people care deeply about the kids they’re serving. I think it’s important that we value that.”

Katie Jickling, from Brookfield, is a freshman at Hamilton College.

 

Peoples Academy Middle School Invites Governor Shumlin to Visit!

Dear Governor Shumlin,

On March 16, 2011, the House Committee on Education traveled to Morrisville, VT to spend the day with teachers, administrators, and students at Peoples Academy (PA) High School, Middle School, and Elementary School. We observed classes, spoke with students, met with the curriculum council, and participated in community-wide forum on education. Lamoille South Superintendent Tracy Wrend helped us gain first-hand knowledge about the challenges teachers and principals face, what students need to be successful in learning, and how school districts are responding to budget cuts. Every member of our committee felt enriched and inspired after witnessing the good work occurring in Morrisville.

During our visit, four young gentlemen from the 5^th grade escorted us around the middle school – much to our delight. In addition to describing the physical layout of the building, they provided great insight into their educational experiences. As our tour drew to a close, they asked us to request that you visit their school so they can share their experiences with you directly. Their excitement and enthusiasm could never be relayed accurately. For that reason, I videotaped their request. It can be found here:

http://www.youtube.com/watch?v=zuFebh8Lmvg

I know how busy you are during the legislative session. If you find some time before the end of this school year, or perhaps next fall, I highly recommend you stop in Morrisville and visit our wonderful new friends at Peoples Academy.

Sincerely,

Rep. Sarah Buxton

House Education Committee

Vermont Takes First Steps toward Universal, Unified Health Care System!

Today, I proudly voted to pass H.202, an historic piece of legislation that sets in motion the nation’s first universal and unified health system. The cost of health care in Vermont is growing at an unsustainable rate – $1 million per day; 12 times faster than the state’s economy.  In 2012, the cost of health care in Vermont will cost nearly $6 billion – double the cost in 2006.

There is near universal agreement that our health care financing system is broken. H.202 is the first step in a multi-year process of reform and provides “checkpoints” along the road so that the general assembly can make sure reform is headed in the right direction, at the right speed.

Critics of H.202 cite the absence of a financing plan in their battle cry for defeat. I laud this as an indicator of success. This bill provides time to consider every option and includes Vermonters, individuals and businesses, in the financing decision process. A responsible and successful financing plan must be based on accurate information about the benefit package, reimbursement rates, federal participation and other factors.  H.202 gives us the infrastructure to do this.

H.202 lays the groundwork for overhauling our system of financing health care in Vermont. It establishes a health care exchange and a universal care system (Green Mountain Care) that will provide health care to all Vermont residents. An independent board is established to develop benefit plans, implement cost savings, manage Green Mountain Care health coverage, and set uniform payment rates. By reducing unnecessary administrative costs, increasing public transparency, and strengthening the rate review process we will lower the cost of care. Vermonters will save hundreds of millions of dollars in year one of implementation. There are, of course, other cost-drivers that need our attention: tort reform, unconnected information systems, duplicative testing, and unbounded promotional campaigns by pharmaceutical companies. H.202 provides no barrier to additional legislative action and I will persevere, with other members of the House, in addressing these challenges.

The new system is fairer than our current system, improves the quality of care provided, and ensures that all Vermonters have access to essential health benefits including primary care, preventative care, chronic care, acute care, and hospital services. Right now, doctors and hospitals are forced to spend too much time on paperwork at the expense of time on patient care. H.202 allows health care professionals to focus on helping patients instead of tracking down payments. Additionally, Vermonters will have universal access to primary care, promoting wellness by treating minor health problems before they become big problems. When we transition to Green Mountain Care, many Vermonters will experience a considerable benefit package expansion. All Vermont residents are eligible for Green Mountain Care and will remain eligible when they are temporarily out of state.

After extensive debate over the last two days, the bill passed the House 92-49.  The bill now heads to the Senate for its consideration.

Busy Week – Update #1

Yesterday the House debated the “Pete the Moose” bill, the Miscellaneous Tax Bill, and a bill that relaxes the application of Act 250 to agricultural fairs. Today we continue to debate the Tax bill and will take up the Health Care Bill (H.202).

“Pete the Moose”: passed. Declares that the fish and wildlife of Vermont are held in trust by the state for the benefit of the citizens of Vermont and shall not be reduced to private ownership. Gives the commissioner of Fish & Wildlife the authority to manage and regulate the fish and wildlife of VT. Protects “Pete” – but allows the commissioner to take the other native species.

“Act 250 & Agricultural Fairs”: passed. Exempts agricultural fairs from the Act 250 process for the construction of improvements to buildings (within some regulations).

Tax or “Fee” Bill: will likely pass today. I opposed one section of the bill yesterday that would have rewarded school districts who made targeted cuts under challenges for change. It simply isn’t fair. That portion of the bill was subsequently deleted. The other controversial parts of the bill include: raising cigarette tax $.27 (even with Mass.), raising the provider tax on hospitals, lowering the homestead property tax rate to $.87 and nonresidential rate to $1.36, altering the penalty for failure to declare homestead, extending the wood products manufacture tax extension, and raising assessments on nursing homes. After speaking with Joe Woodin (CEO of Gifford) this morning, my perspective on the hospital provider tax changed. Joe told me that Gifford stands to pay $1.7 million more if the tax passes. I supported an amendment to exclude the tax (it failed). I have subsequently been made aware that the Hospital Association does not oppose the provider tax; acknowledging the very, very difficult financial position of the state. The Association concedes that all Vermonters will share the “pain” of this budget. After leaning of their position, I am now inclined to vote FOR the tax bill.

More later — on Health Care!
Sarah