5701 - Bennington School District Tuition Policy

Policy 5701 Bennington School District Tuition Policy title box

It shall be the policy of the Bennington School District, Inc. (“District”) to accept non-resident special education students for enrollment into their self-contained programs as disabled students, where, in the discretion of the District and school administrators, there is space and it is determined that enrollments of such non-resident students will not diminish or dilute program opportunities for students who are residents of the District. Students shall only be admitted under the terms of this policy, and with a duly executed enrollment agreement.Parental placements of non-resident students shall not be accepted.


  1. Non-discrimination. No child will be denied admission on the basis of sex, creed, color, sexual orientation, marital status, national origin, race, disability, and/or the need for special education services.

  2. Town of Choice students. The District will give preference to accepting non-resident students who are legal residents within the Southwest Vermont Supervisory Union.

  3. Long-term suspension or expulsion. The District shall honor long term suspensions or expulsions imposed on students by other school districts, where application is made for admission of such non-resident students to the District.

  4. Application Process. The application process follows the placement decision of the IEP team and is incorporated by reference. This process needs to include the appropriate building level administrator (from both the sending and receiving school district), the receiving teacher of the self-contained program being referenced, and an LEA representative from central office.

  5. Terms of Admission. Admission for a period not to exceed one year will follow upon a favorable consideration of these criteria. All students will be accepted for one school year. Continuation of enrollment in the self-contained program will be reviewed by the IEP team to determine its appropriateness.


  1. Discipline During Enrollment. All tuition students shall be subject to the same rules of conduct to which District students are subject, and the District reserves the right to take disciplinary action, up to and including expulsion, in response to misconduct by a tuition student. The Sending District shall be notified and included in any disciplinary proceedings.

  2. Tuition. Tuition rates will be established in accordance with Chapter 21 of Title 16 of the Vermont Statutes Annotated, and pertinent regulations of the State Board of Education.

  3. Terms of Payment. Tuition for non-resident students shall be payable in full no later than July 15th of the school year of scheduled attendance. A pro rata tuition payment based on the per diem for classroom days will be payable for a student who enrolls after the beginning of a semester.


  1. Admissions provisions. A Sending District, in cooperation with a prospective student’s Parents must complete an enrollment application, and participate in an initial informational meeting with District representatives. Academic records, attendance records and records of any involvement in incidents resulting in disciplinary action must be submitted by the Sending District at the time of the initial informational meeting.

  2. Pre-Application Consideration. Prior to application, a representative of the district will attend an IEP or 504 team meeting held by the Sending District, at which the team will consider the services and accommodations called for by the IEP or 504 plan, and if those services and accommodations are or readily can be made available at a school operated by the District (for example, special day treatment program or residential services may not be available at any of the District’s schools). If there is consensus that a school operated by District can meet the student’s needs, the student’s application may then be processed. If there are special staffing needs (for example, a full time 1:1 paraprofessional), the Sending District shall be responsible for supplying or paying for a qualified individual.

  3. Application Decision. In consultation with the District representative who attended the Sending District’s IEP meeting, the principal and/or the superintendent shall review information gathered from that meeting. The principal and/or the superintendent shall also consider the student’s attendance record, whether admission would jeopardize the educational program by creating an unfavorable student-teacher ratio in the proposed student’s class, and the disciplinary record of the student when the student’s misbehavior was not a manifestation of the student’s disability.

    The principal of the school the student would attend if enrolled and / or the superintendent shall determine whether to accept the student’s application, following the above steps, including the non-discrimination provision in Section A.1.

  4. Enrollment Agreement. If the student’s application is accepted, a duly authorized enrollment agreement shall be executed pursuant to this policy. The responsibility for payment of instruction, related services and accommodations shall be provided in such agreement and as outlined below.

  5. Excess Costs. In addition to payment of the regular education tuition, the Sending District shall pay for any excess costs, as allowed under 16 V.S.A. §826 and Vermont Department of Education Rules, for specialized instruction, related services, and/or accommodations under the IDEA and or Section 504.

  6. i. Definition. “Excess cost” services are individually required services not generally available as a part of the School’s general program.

    ii. Excess costs include, but are not limited to:

    • Psychological services
    • Physical and occupational therapy
    • Counseling (other than school guidance counselor services)
    • Evaluation and diagnostic services
    • Health services (other than customary school nurse services)
    • Social work services
    • Parent counseling and training
    • Transportation
    • Homebound/hospital tutoring
    • Individual aide, tutors and other personnel required specifically for a student
    • Assistive technology
    • Interpreters, readers, special devises, and other auxiliary aides and services
    • Initial and supplemental evaluations and re-evaluations
    • Speech and language services
    • Resource Room services

    iii.) Notice. If excess costs will be charged for a given student, the District will provide the Sending District with notice, including the type and frequency of services to be provided, of the fee for the services and the billing schedule.

  7. Resolution of Disputes. Responsibility and costs (including legal fees) or prosecuting and/or defending against IDEA and/or 504 due process claims shall be borne by the Sending District. This District will provide witnesses, as necessary.

  8. Procedural Responsibility. A Sending District, as the “Local Education Agency” (LEA), “responsible district”, and “district of residence” under federal and state law, is and shall remain responsible for ensuring that the student is provided a free and appropriate public education under IDEA and/or 504, as applicable.

  9. Discipline of Special Education Students. In addition to the terms of Section B.1., when a special education or Section 504 student is expelled pursuant to VDE Rule 4312 or 4313, any continuing duty to educate shall be the duty of the student’s district of residence, and not of the District. The District shall provide prompt notice of misconduct and disciplinary proceedings to the Sending District.

  10. Referral for Evaluation of a Tuitioned Student. If a non-resident tuition student enrolled at a District school is referred for a special education or 504 evaluation, school staff shall provide immediate notice to the Sending District’s designated LEA representative, and shall cooperate with such representative of the Sending District in convening an evaluation and planning team or 504 team meeting to undertake evaluation efforts.

  11. i. District personnel familiar with the student will provide input if and as requested by the Sending District.
    ii. The Sending District LEA Representative shall participate in such meetings for referred students.
    iii. Costs of the evaluation will be paid by the Sending District as detailed above.
    iv. If the student is found to be eligible for special education or 504, refer to sections C.2. through C.4.

  12. Termination of Services. The District reserves the right not to admit and/or to terminate services to a tuitioned non-resident student in the event that it is determined by the 504 or IEP team that the student’s educational needs cannot be appropriately provided at the School. This might occur, for example, where an IEP team has determined that the student requires a special day school, residential or other restrictive placement. Pending any change in placement or location of delivery of service, in order to preserve continuity for the student, the Sending District shall pay all excess costs for any additional services or interim placement provided to the student while at the School during such a transition period.

Legal References:

16 V.S.A. §1073 et seq.; 16 V.S.A. §1093; 16 V.S.A. §823, et seq.; 16 V.S.A. §1163; Vt. State Board of Education
Manual of Rules & Practices, §1250;9 V.S.A. §4500, et seq.


THIS AGREEMENT made this _____ day of __________________, 20__, by and between the Bennington School Board (the "Board") of the Bennington School District, Inc. (the "Receiving District") and the ______________________________ School District (hereinafter, the "Sending District").

WHEREAS, the Board of the Sending District having determined that the Student’s placement at the Receiving District meets the criteria of 16 V.S.A. '821(a), (b), (c) or (d), desires to enroll as a special needs student (INITIALS) in the __________________ ___________ School, operated by the Receiving District, for the 20__- 20___school year;

AND WHEREAS, the STUDENT has applied, and the Receiving District is willing to accept, the STUDENT as a non-resident tuition student;

NOW THEREFORE, in consideration of the mutual promises herein contained:
  1. The Receiving District agrees to accept, and the Sending District agrees to place, the STUDENT as a tuition student at Bennington Elementary School pursuant to the terms of this Agreement and the receiving District’s attached Admission of Non-Resident Students Tuition policy (“the Policy”).

  2. The Sending District agrees to pay tuition in the amount of $____________ (the Sending District’s regular education tuition determined in accordance with VDE Rules 9100-9500), on or before July 15, 20__.

  3. It is also agreed by the Sending District that all costs of collection including reasonable attorney’s fees and interest of ___% annum shall be paid to the Receiving District by the Sending District for any payments required under this agreement that are not made or not on time.

  4. The STUDENT shall be subject to the same rules of conduct to which Receiving District students are subject, and the Receiving District reserves the right to take disciplinary action, up to and including expulsion, in response to misconduct by the STUDENT. The Sending District, and not the Receiving District, shall bear the duty (if any) to provide continuing education to an expelled student.

  5. Check if this paragraph 5, applies to the STUDENT:□. If checked, the following terms apply:

  6. (a) It has been determined that the STUDENT has a disability as defined by federal and state law, and that (s)he requires specialized instruction, and/or related services and/or supplemental aids and services and/or modification of the education program that shall require expenditures in excess of the announced regular education tuition rate for this school year, and which would result in a substantial increase in cost to the Receiving District.

    (b) The undersigned Sending District acknowledges that the Receiving District is not the STUDENT's district of residence, and that the Receiving District does not by this Agreement undertake to assume the duties of the STUDENT'S district of residence with respect to the provision of an education and/or a free and appropriate public education.

    (c) The Sending District hereby agree(s) to provide a representative authorized to commit funds of the Sending District to attend all Evaluation and Planning Team, IEP Team and/or 504 Team meetings concerning the STUDENT. If the Sending District representative fails to attend such a meeting upon reasonable notice, the Sending District agrees to be bound by any decision reached by such a Team.

    (d) The undersigned Sending District agrees to pay for any excess costs (as defined in the District's Non-resident Tuition Student@ policy) for specialized instruction, related services and/or accommodations under the IDEA and/or Section 504 of the Rehabilitation Act of 1973, for the STUDENT as follows:


    (e) Special education excess costs shall be billed by the Receiving District Board quarterly, and final billings for any fiscal year must be submitted to the Sending District, prior to June 15 of that fiscal year. Bills are payable upon receipt. Any such bills shall state the amount of the bill, if any, which is eligible for reimbursement under the State special education funding formula. Section 504 excess costs shall be paid by the Sending District directly to the provider of the service or equipment unless otherwise agreed by an entry on the lines immediately below.

    (alternative payment arrangement for 504 services: 

    (f) It is further agreed that federal and state compliance with the Individuals with Disabilities Education Act and Section 504 of the Rehabilitation Act of 1973 with respect to the STUDENT'S education is the responsibility of the Sending District. The Sending District agrees to indemnify, hold harmless and pay the costs of defense of the Receiving District and the Southwest Vermont Supervisory Union, and their employees, agents, board members and administrators against any claims made concerning the STUDENT pursuant to such laws.

  7. This Agreement is expressly subject to the receiving District's Admission of Non-resident Tuition Students Policy Placed by Sending District, the terms of which are incorporated herein by reference. Receipt of a copy of the Policy is acknowledged by the signature of the Sending District below.


By: ______________________________________
Authorized Agent of Receiving
District School Board

Date: __________________________

______________________ School District
(Sending District)                 

By: ___________________________________
Authorized Agent of Sending District


Policy 5701 warning and adoption dates