Act 46 of 2015

Annual Status Reports to the Legislature

Legislative Reports on Merger Activity

Merger, 3-by-1, and 2-by-2-by-1 Proposals

To find a recent proposal, first, use the alphabetical list of State Board of Education Governance Reviews to find the corresponding State Board of Education meeting date. Then use the list of State Board of Education meetings to locate a copy of a recent merger, 3-by-1 or 2-by-2-by-1 proposal. 

Additional Proposals

• Essex-Westford Regional Education District Study: Final Report
• Elmore-Morristown Unified Union:  Final Report and Articles of Agreement
• Mountain Towns RED
• Chittenden East Supervisory Union - MMMUUSD
  • Huntington Town School District – Request to warn electorate vote

Voluntary Mergers

Study Committees used the worksheet for all phases of voluntary merger to discuss, analyze, and prepare proposals before submitting the completed worksheet to the Secretary with their final study committee report.

Phase 1: Accelerated Mergers

The deadline for voters to approve the creation of a new merger under the Accelerated Phase has expired.  For background information, please see Summary of Phase 1 – Accelerated Mergers. 

Phase 2: REDs and RED Variations

Phase 2 incorporates the processes and incentives enacted by Act 153 of 2010 for Regional Education Districts (REDs) and in Act 156 of 2012 for Side-by-Side Mergers, Layered Mergers, and Modified Unified Union School Districts – three variations on REDs that are eligible to receive incentives available to REDs.  Each of these governance models is potentially an "Alternative Structure" as envisioned in Act 46, Sec. 5(c).

• Summary of Phase 2 – RED and RED Variation Mergers
• Eligibility Worksheet for Phase 2 – RED and RED Variation Mergers

Phase 3: Conventional Mergers

Phase 3 provides incentives to a new district formed by the merger of two or more districts that meets certain additional criteria, including becoming operational as a supervisory district after July 1, 2017 and on or before July 1, 2019.  (Act 46, Sec. 7)

• Summary of Phase 3 – Conventional Mergers
• Eligibility Worksheet for Phase 3 – Conventional Mergers 

Section 9 required a district that did not pursue or expect a voluntary merger before July 1, 2019, to complete three tasks:

• Evaluate its current ability to meet or exceed State goals set out in Act 46, Sec. 2;
• Meet with other districts in the area to discuss ways promote improvement in the goals throughout the region; and
• Submit a proposal to the State Board, individually or with other districts, to maintain its current structure, work with other districts in some way other than merger, or merge with other districts to form a different governance structure. 
• State Board of Education Rule 3400 - Proposals for Alternative Structures Under Act 46 (2015)
• Summary of Unmerged Districts and Alternative Structures
•  Guidance - Proposals Under Act 46, Sec. 9
• Section 9: Proposal Process

As of January 17, 2018, the school boards of 74 school districts in 67 communities submitted a total of 36 proposals under Section 9.  

Bold italics indicate the entity that submitted the proposal, either by an individual District or by the whole Supervisory Union (SU) as a collective. 

* Proposal not submitted. 
** Proposal in progress.
*** Proposal submitted in hard copy. Contact your local district or supervisory union to review. 

Secretary’s Proposal

Act 46, Sec. 10 requires the Secretary of Education to develop a proposal to realign districts into more sustainable models of governance to meet the goals set out in Act 46, Sec. 2.  The stated purpose of Act 46 is “to encourage and support local decisions and actions that:

(1)  provide substantial equity in the quality and variety of educational opportunities statewide;

(2)  lead students to achieve or exceed the State’s Education Quality Standards, adopted as rules by the State Board of Education at the direction of the General Assembly;

(3)  maximize operational efficiencies through increased flexibility to manage, share, and transfer resources, with a goal of increasing the district-level ratio of students to full-time equivalent staff;

(4)  promote transparency and accountability; and

(5)  are delivered at a cost that parents, voters, and taxpayers value.”

Districts that did not pursue or expected not to achieve a voluntary merger by July 1, 2019 were required to present alternative proposals to the State Board of Education. Districts were asked to evaluate their ability to meet or exceed state goals and talk with other districts as part of the proposal process.

Act 46 Section 10 requires the Secretary of Education to issue a proposed plan for districts that did not achieve a voluntary merger and provide it for the State Board's consideration. On or before November 30, 2018, the State Board will issue its final statewide plan. The plan may redraw SU boundaries and realign unmerged districts into sustainable models of governance that meet the five goals above, to the extent the changes are necessary, possible, and practicable for the region. The State Board will begin to review the Secretary’s proposed plan in June and will hold opportunities for public comment on the State Board’s final statewide plan. You can find information about the State Board’s meetings here.

• Executive Summary
• Frequently Asked Questions
• Secretary's Proposed Plan under Act 46 Section 10
• Errata

Supporting Documents

Appendices

• Appendix A: New Unified Union School Districts Voluntarily Created July 1, 2015 - June 30, 2018
• Appendix B: Maps
  • Merger Activity as of June 1, 2018
  • Technical Center Regions
  • Agency of Human Services Regions
• Appendix C: January 2018 - Secretary of Education's Report to the Legislature
• Appendix D: Memorandum from the Governor, Legislative Leaders and the State Board of Education Chair
• Appendix E: List of Topics Provided to Superintendents to Prepare for Section 10 Conversations
• Appendix F: "Snapshots" of Each Section 9 Proposal and Section 10 Conversation
• Appendix G: Common Data Points for Each District Submitting a Section 9 Proposal

*Note: The State Board of Education will provide opportunities for public comment on the Secretary's proposed plan at its regular July, August and September meetings in the Northern, Central and Southern parts of the state, respectively. The specific meeting sites will be published on the State Board of Education webpage when it is available. 

State Board’s Final Statewide Plan

Act 46, Sec. 10 requires the State Board to issue a final statewide plan by November 30, 2018 that requires the merger and realignment of districts and supervisory unions where necessary -- for the same purposes and under the same criteria that govern the Secretary’s proposal.  The State Board is directed to review the Secretary’s proposal and is authorized to take testimony and request additional information. 

Section 10 does not apply to unified union school districts created through the voluntary merger processes, to CTE districts, and to interstate school districts.

The State Board of Education’s Final Report of Decisions and Order on Statewide School District Mergers is a requirement of Act 46. It is the conclusion of a multiyear process to create more sustainable and efficient school governance structures and improve access to quality PreK-12 education for all Vermont students.

Creating the Plan

In crafting the Final Report of Decisions and Order, the Board paid careful attention to the goals and requirements of Act 46. Additionally, the Board encouraged input and testimony from all affected districts and from the citizens of Vermont. While there were many tough decisions, the Board was careful to adhere to the Vermont General Assembly’s requirements as laid out in the law.

By the Numbers

The goal of Act 46 is to improve education outcomes and equity by creating larger and more efficient school governance structures. The Board’s Final Report of Decisions and Order has:

• Merged 45 districts in 39 towns to form 11 new union school districts.
• Enlarged 3 existing union school districts.
• Created a net reduction of 34 districts.
• Conditionally required an additional 4 districts to merge with 4 existing union districts.

When the impacts of Act 46 are combined with those of predecessor legislation (Act 153 of 2010 and Act 156 of 2012), the results are:

• 206 districts in 185 towns have formed 50 new union school districts (a reduction of 156) districts.
• 63% percent of Vermont K-12 students will live in a new union school district created by Acts 46, 153 and 156 (as of July 1, 2019).
• 84.4% of students will reside in a new union school district or a pre-existing supervisory district (preferred structure) such as Burlington or Springfield SDs.

Final Report of Decisions and Order

The Final Report of Decisions and Order is dated November 28, 2018, and issued on November 30, 2018. 

The State Board of Education's Final Report of Decisions and Order on Statewide School District Merger Decisions Pursuant to Act 46, Sections 8(b) and 10

Working Documents:

Working Understanding of Principles for Considering Alternative Governance Structures

Guidance

Modified Unified Union School Districts and their Non-Member Elementary Districts

Draft Default Articles of Agreement for Consideration by the State Board of Education

Draft Default Articles of Agreement - Table of Concerns Raised and Responsive Articles

Decision Points: Sec. 9 Proposals and Secretary's Proposed Statewide Plan

Appendices 

Appendix A: SBE Final Order Map

Appendix B: Articles Agreement for New Unified Districts

Unified Union School Districts:

• Windham Southeast Unified Union School District
• Franklin Northwest Unified Union School District
• Oxbow Unified Union School District
• Barre Unified Union School District
• Washington Central Unified Union School District
• Lamoille South Unified Union School District
• Enosburgh-Richford Unified Union School District

Union Elementary School Districts:

• Windham Northeast Union Elementary School District
• Orleans Southwest Union Elementary School District
• Orleans Central Union Elementary School District
• Southwest Vermont Union Elementary School District

Other Documents

• The Secretary's Proposed Plan Under Act 46, Sec. 10
• Modified Unified Union School Districts and their Non-Member Elementary Districts
• Decision Points: Sec. 9 Proposals and Secretary's Proposed Statewide Plan
• Annotated Transition Timeline
• Transition Timeline FAQs
• Guidance: Failure of a New Union School District to Adopt a Budget

• Act 49 (2017)
• Act 46 (2015)
• Regional Education Districts (REDs)

RED Variations

• Side-by-Side Mergers
• “Layered” Mergers
• Modified Unified Union School Districts (MUUSDs)

• RED and RED Variations – Incentives and Protections
• 16 V.S.A. §§ 701-724 - Process to Create Union School Districts

Open Configuration Options

These links serve as a resource for supervisory union administrators and staff serving districts that are merged as a result of both Act 46 of 2015 and earlier, incorporated legislation. These documents are considered working documents. 

• Certification and Organizational Meeting
• Business Office
• Unified Board and Boards of Merging Districts

Notice

Not all of this information will apply to every scenario. For example, a supervisory union that becomes a supervisory district will perform tasks that are different from one that maintains or expands its supervisory union structure. There also may be variations based on how quickly the new district becomes fully operational after the vote.