In Vermont Statute, the word "homeschooling" is not defined nor does it appear anywhere in statute. The term "Home Study" is used instead. The Home Study statute was designed to cover not only what we now know as homeschooling but also tutors teaching children in the home or another homeschooling family educating not only their children but the children of another family. This statute has been working since 1987 with changes occurring in 2006. Otherwise it has been untouched and works quite well when the Agency of Education follows the law.
2023 History of 166b - not online yet
2006 History of 166b
1987 History of 166b
Scrolling maybe required to read the number (#) listed.
Statute Title 16: Education
16 V.S.A. §166b. NEW Home study statute - unofficial version of the new law
16 V.S.A. §166b. OLD 2006 version of the Home study statute - covers homeschooling, co-homeschooling between two families, and tutoring situations
16 V.S.A. § 11(21). Classifications and definitions - of a school year (#12) and a home study program (#21)
16 V.S.A. § 906. Courses of study - commonly called “section 906” or the minimum course of study (MCOS)
16 V.S.A. § 1121. Attendance by children of school age required - parents/guardians shall cause a child between 6 and 16 to ATTEND
16 V.S.A § 563(24). Home study integration law (#24) - School boards are supposed to have a policy on how to integrate home study students through enrollment in courses, participation in co-curricular and extracurricular activities, and use of facilities. They will enrolled their own students first and if room is available they will enroll home study studens.
16 V.S.A. § 131. Definitions of Comprehensive Health. The home study statute does not reference this statute nor does section 906 and therefore a home study program is NOT bound by these definitions. The minimum of what you must follow for comprehensive health is found in 906 which is: "the effects of tobacco, alcoholic drinks, and drugs".
16 V.S.A. § 1127. Notice and complaint by truant officer; penalty - how truancy works
Flexible Pathways to Secondary School Completion
16 V.S.A. § 941. Flexible Pathways Initiative - home study students can take advantage of these programs paid for by the state
16 V.S.A. § 943. High School Completion Program
16 V.S.A. § 944. Dual Enrollment Program
16 V.S.A. § 946. Early college
16 V.S.A. § 945. Adult Diploma Program; General Educational Development Program
Home Study Guidelines
AOE Home Study Guidelines booklet PDF - older version - does not contain new information for new 2023 home study law
Agency of Education's Home Study - AOE is going to have to revamp their home study page to fit the new law
Statute Title 1:
Title: 1 V.S.A. § 317(11). Definitions; public agency; public records and documents. (#11) - home study student records held by the State of Vermont, are protected under the Federal Family Educational Rights and Privacy Act of 1974
State Board of Education - Manual of Rules and Practices
Rule 4400 Integration of home study students - local school boards are to have policies in place to allow a home study student to enroll in a course, co-curricular or extra-curricular activities.
Rule 9200.3.1 Reimbursements to the public schools for home study students - public schools can count a home study student who is enrolled as .03 of the “full time equivalent” FTE for each activity they participate in. View model policy below under Local School Boards Policy section. You should ask your local school district for their approved policy.
Rule 1230 Rules of practice - home study hearings are an administrative hearing and not in a court of law.
Rule 2367.1 Children with Disabilities Enrolled in Independent Schools and in Home Study - “For the purposes of this section, home study children shall be deemed the same as children enrolled by their parents in an independent school.”
Approved and Recognized Independent Schools
16 V.S.A. § 166. Approved and recognized independent schools - search in browser for: (c) Recognized independent schools - If you will, a recognized independent school is the next step up from a home study program. It is listed here for curious homeschooling parents who might want to work with other parents to create a recognized school. This type of independent school cannot receive state tax dollars.
Local School Boards Policy
Allowing participation of Home Study students in school classes & activities was required by law in Act 119 of 1998 (#24). All local school boards must create a policy covering how this is to be done. You should ask your local school board or local superintendent to give you a copy of this policy concerning integration of home study students in public school classes and activities. You can view a model policy at: Vermont School Boards Association - Code C6. This is NOT part time enrollment in the public school but gives you access to a class or a sport.
Federal Laws
US Department of Education - General information about FERPA
Family Education Rights and Privacy Act (FERPA)
Individuals with Disabilities Education Act Amendments of 1997 (IDEA)