§ 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, who shall be licensed as an administrator under 16 V.S.A. chapter 51, to supervise the community high school of Vermont and coordinate use of other education programs by persons under the supervision of the commissioner.

(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 23 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; 2007, No. 64, § 4; 2007, No. 192 (Adj. Sess.), § 6.030.)

§ 121. Community High School of Vermont Board

(a) A board is established for the purpose of advising the education supervisor of the independent school established in section 120 of this title. The board shall have supervision over policy formation for the independent school, except as otherwise provided, shall recommend school policy to the commissioner of corrections, shall oversee local advisory boards of the school, and shall perform such other duties as requested from time to time by the commissioner of education or of corrections.

(b) The board shall consist of nine members, each appointed by the governor for a three-year term subject to the advice and consent of the senate, in such a manner that no more than three terms shall expire annually, as follows:

(1) Six representatives from the membership of local advisory boards serving the school sites, not to include more than one member from any advisory board.

(2) Three members-at-large.

(c) The board shall appoint a chair and vice chair, each of whom shall serve for one year or until a successor is appointed by the board.

(d) The board shall report on its activities annually to the state board of education.

(e) The board may, with the approval of the commissioner of corrections, appoint the education supervisor of the independent school.

(Added 2001, No. 149 (Adj. Sess.), § 36, eff. June 27, 2002.)

§ 1010. Members of Certain Boards

(a) Except for those members serving ex officio or otherwise regularly employed by the State, the compensation of the members of the following Boards shall be $50.00 per diem.

... (20) Community high school of Vermont board

(b) Notwithstanding any other provision of law, members of professional or occupational licensing boards or commissions, advisory boards or commissions, appeals boards, promotional boards, interstate boards, supervisory boards and councils, or any other boards or commissions that are not listed in subsection (a) of this section but are otherwise entitled by statute to receive per diem compensation, shall receive per diem compensation in the amount of $50.00 per day for each day devoted to official duties. This subsection shall not reduce the amount of per diem compensation heretofore provided by statute to members of boards or commissions entitled to receive more than $50.00 per day. "Per diem" means the amount of compensation to which a member of a statutory board or commission is entitled for: (1) attendance at a regular or special meeting of such board or commission or any committee thereof; or (2) performance of other duties directly related to the efficient conduct of necessary board business as assigned and approved by the chairperson, provided that payment for such duties shall be at the per diem rate prorated for actual time spent performing duties. Proration shall be calculated based on an eight-hour day. Under no circumstances shall the daily payment exceed the per diem amount.

(c) The members of the boards and departments, including those members serving ex officio or otherwise regularly employed by the state, shall receive their actual and necessary expenses when away from home or office upon their official duties.

(d) Notwithstanding the provisions of subsections (a) and (b) of this section, a member shall not be entitled to receive state per diem compensation for any meeting or other official duty for which specific compensation is provided by another source.

(e) The governor may authorize per diem compensation and expense reimbursement in accordance with this section for members of boards and commissions, including temporary study commissions, created by executive order. By January 15 of each year, the secretary of administration shall report to the general assembly a list of all such boards and commissions that are authorized to receive per diem compensation.

(f) Members of the parole board shall receive $100.00 per diem for each day of official duties together with reimbursement of reasonable expenses incurred in the performance of their duties.

(Amended 1959, No. 329 (Adj. Sess.), §§ 19(b), 22, 42, 46(b), eff. March 1, 1961; 1963, No. 193, § 16, eff. June 28, 1963; 1964, No. 22 (Sp. Sess.), § 1, retroactive to July 1, 1963; 1967, No. 115; No. 319 (Adj. Sess.), §§ 4, 5, eff. March 22, 1968; 1969, No. 226 (Adj. Sess.), § 3, eff. March 31, 1970; 1973, No. 101, § 1; No. 154 (Adj. Sess.), § 5, eff. March 15, 1974; No. 174 (Adj. Sess.), § 1; No. 258 (Adj. Sess.), § 1; No. 266 (Adj. Sess.), §§ 17, 27, eff. July 1, 1974; 1981, No. 91, § 24, eff. July 5, 1981; 1981, No. 240 (Adj. Sess.), § 9, eff. April 28, 1982; No. 249 (Adj. Sess.), § 10, eff. May 4, 1982; 1983, No. 158 (Adj. Sess.), eff. April 13, 1984; No. 188 (Adj. Sess.), § 5; No. 230 (Adj. Sess.), § 4; 1985, No. 6, § 3; 1985, No. 242 (Adj. Sess.), § 313b; No. 245 (Adj. Sess.), § 2; No. 2 48 (Adj. Sess.), § 2; No. 249 (Adj. Sess.), § 2; No. 257 (Adj. Sess.), § 1; No. 269 (Adj. Sess.), § 3; 1987, No. 94, §§ 1, 2; No. 96, § 20; No. 121, § 19; 1987, No. 183 (Adj. Sess.), § 17, eff. May 7, 1988; No. 229 (Adj. Sess.), § 2; No. 243 (Adj. Sess.), § 64, eff. June 13, 1988; No. 274 (Adj. Sess.), § 23; 1989, No. 253 (Adj. Sess.), § 17; No. 264 (Adj. Sess.), § 3; No. 288 (Adj. Sess.), § 3; 1991, No. 17, § 8(a), eff. April 4, 1991; 1991, No. 236 (Adj. Sess.), § 5; 1993, No. 201 (Adj. Sess.), § 2; 1995, No. 79 (Adj. Sess.), § 4; 1997, No. 40, § 75; 1997, No. 66 (Adj. Sess.), § 67b, eff. Feb. 20, 1998; No. 145 (Adj. Sess.), § 30; 1999, No. 49, §§ 51(a), (b); 2001, No. 119 (Adj. Sess.), § 2; No. 149 (Adj. Sess.), § 37, eff. June 21, 2002; 2003, No. 122 (Adj. Sess.), § 78b; 2005, No. 63, § 12; 2009, No. 135 (Adj. Sess.), § 25.)