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DC5 - Tuition Students Official

Files Required for Submission

File Name
05_0_Student_Identity
05_1_TS_OrgLevel
05_2_TS_Stu_ADMByEnrollingOrg
05_3_TS_DEMOGRAPHICS NEW

Template files

Download template submission files here

Reporting Instructions

Completing the DC5 Tuitioned Student Official data submission

The DC5 Tuitioned Student Official is a list of students in the Vermont educational system with a specific set of information about each student, formally known as the tuitioned student census. This data collection allows the AOE to satisfy many state and federal reporting requirements.

Use of this collection is to report the names of students enrolled in independent schools or out-of-state schools for whom one of your school districts pays tuition. This information will be used in calculating an ADM for your town districts.

Who belongs in Your Submission?

Students to include in your submission

Who to include in your submission depends on the file we are discusssing:

File: 1_TS_OrgLevel
  • This should include aggregate counts for all students in your district, regardless of what schools they attend.
Files: 05_0_Student_Identity & 05_2_TS_Stu_ADMByEnrollingOrg
  • Any student enrolled in a Vermont approved independent school, Vermont Private Academy or out of state school at a school district's expense. Please include all students who were enrolled at any point during the 20-day ADM census period. These are students listed on tuition bills submitted from these schools.

Students who are NOT on your census

  • Tuitioned students attending public schools. We will receive information about these students from the DC#06_FALL_ADM_Official collection.

Confidentiality Issues to Consider

This data submission contains confidential information about students. Accordingly, the VT Agency of Education adheres to the Family Educational Rights and Privacy Act (FERPA) - 34 C.F.R. Section 99.31. FERPA allows for the collection of data required to do the work of state and educational agencies. The principle of confidentiality underlies all policies and procedures for the collection, maintenance, disclosure and destruction of education records. Schools and districts also have a responsibility to protect the confidentiality of student records. Please be sure that proper policies and procedures are in place, and followed, to successfully complete this data submission.

Please do not email identifiable student information to the AOE.

Submission Files

This section lists the files that are required for this submission.

05_0_STUDENT IDENTITY

See file specification here

This dataset includes all students your district(s) paid tuition for independent, private academies and out of state schools. Each student should appear in the dataset only once. The state assigned student ID (PERMNUMBER) is a required field, if you do not have a permnumber for a student please submit DC# 01: Student_Match file to edfusion.

05_1_TS_ORGLEVEL

See file specification here

05_2_TS_STU_ADMBYENROLLINGORG

See file specification here

This dataset provides tuition information for all students listed in the 05_0_STUDENT IDENTITY file, your district(s) paid tuition for independent, private academies and out of state schools.

NEW - 05_3_TS_DEMOGRAPHICS

See File specification here

This is a new file for SY23-24 due to new requirements resulting from the weighting calculations added in Act 127 and needs to be submitted via the AOE Electronic File Transfer(EFT) system.

Please upload this file to the folder /SLDS VR/SUXXX/ToAOE/DC5.

Final Notes

The submission is to be completed by compiling csv files according to the VT SLDS Vertical Reporting specs, and submitted using this edFusion link. The new demogrphics file should be submitted via the EFT(see above).

Appendix A: Relevant Vermont Statutes

This section lists the relevant Vermont statutes that apply to this submission.

(a) For the purpose of this title, except as otherwise set forth, the legal residence or residence of a student shall be as follows:

(1) In the case of a minor, legal residence is where his or her parents reside, except that:

(A) if the parents live apart, legal residence is where either parent resides, but if a parent with sole custody lives outside the State of Vermont, the student does not have a legal residence in Vermont;

(B) if the minor is in the custody of a legal guardian appointed by a Vermont court or a court of competent jurisdiction in another state, territory, or country, legal residence is where the guardian resides.

(2) In the case of a student who has reached the age of majority, legal residence is where the student resides.

(3) For the purposes of this title, "resident" of the State and of a school district means a natural person who is domiciled in the school district and who, if temporarily absent, demonstrates an intent to maintain a principal dwelling place in the school district indefinitely and to return there, coupled with an act or acts consistent with that intent. The term "temporarily absent" includes those special cases listed in 17 V.S.A. § 2122(a). The term "residence" is synonymous with the term "domicile." A married person may have a domicile independent of the domicile of his or her spouse. If a person removes to another town with the intention of remaining there indefinitely, that person shall be considered to have lost residence in the town in which the person originally resided even though the person intends to return at some future time. A person may have only one residence at a given time.

(b) The Secretary shall determine the legal residence of all State-placed students pursuant to the provisions of this section. In all other cases, the student's legal residence shall be determined by the school board of the district in which the student is seeking enrollment or, if the student is seeking payment of tuition, the school board from which the student is seeking tuition payment. If a student is denied enrollment at any stage, the student and his or her parent or guardian shall be notified in writing, within 24 hours, of the provisions of this section. If the student is not in attendance as a result of a preliminary decision by school officials and a decision from the school board will not be available by the end of the second school day after the request for enrollment is made, the Secretary may issue a temporary order requiring enrollment. Any interested person or taxpayer who is dissatisfied with the decision of the school board as to the student's legal residence may appeal to the Secretary, who shall determine the student's legal residence, and the decision of the Secretary shall be final. Pending appeal under this subsection, the Secretary shall issue a temporary order requiring enrollment.

[Subsection (c) shall take effect beginning with 2017-2018 school year.]

(c) State-placed students.

(1) A State-placed student in the legal custody of the Commissioner for Children and Families, other than one placed in a 24-hour residential facility and except as otherwise provided in this subsection, shall be educated by the student's school of origin, unless the student's education team determines that it is not in the student's best interest to attend the school of origin. The student's education team shall include, as applicable, the student, the student's parents and foster parents, the student's guardian ad litem and educational surrogate parent, representatives of both the school of origin and potential new school, and a representative of the Family Services Division of the Department for Children and Families. In the case of a dispute about whether it is in the student's best interest to attend the school of origin, the Commissioner for Children and Families shall make the final decision. As used in this section, "school of origin" means the school in which the child was enrolled at the time of placement into custody of the Commissioner for Children and Families, or in the case of a student already in the custody of the Commissioner for Children and Families, the school the student most recently attended.

(2) If a student is a State-placed student pursuant to subdivision 11(a)(28)(D)(i)(I) of this title, then the Department for Children and Families shall be responsible for the student's transportation to and from school, unless the receiving district chooses to provide transportation.

(3) A State-placed student not in the legal custody of the Commissioner for Children and Families, other than one placed in a 24-hour residential facility and except as otherwise provided in this subsection, shall be educated by the school district in which the student is living unless an alternative plan or facility for the education of the student is agreed upon by the Secretary. In the case of dispute as to where a State-placed student is living, the Secretary shall conduct a hearing to determine which school district is responsible for educating the student. The Secretary's decision shall be final.

(4) A student who is in temporary legal custody pursuant to 33 V.S.A. § 5308(b)(3) or (4) and is a State-placed student pursuant to subdivision 11(a)(28)(D)(i)(II) of this title, shall be enrolled, at the temporary legal custodian's discretion, in the district in which the student's parents reside, the district in which either parent resides if the parents live in different districts, the district in which the student's legal guardian resides, or the district in which the temporary legal custodian resides. If the student enrolls in the district in which the temporary legal custodian resides, the district shall provide transportation in the same manner and to the same extent it is provided to other students in the district. In all other cases, the temporary legal custodian is responsible for the student's transportation to and from school, unless the receiving district chooses to provide transportation.

(5) If a student who had been a State-placed student pursuant to subdivision 11(a)(28) of this title is returned to live in the district in which one or more of the student's parents or legal guardians reside, then, at the request of the student's parent or legal guardian, the Secretary may order the student to continue his or her enrollment for the remainder of the academic year in the district in which the student resided prior to returning to the parent's or guardian's district and the student will continue to be funded as a State-placed student. Unless the receiving district chooses to provide transportation:

(A) If the student remains in the legal custody of the Commissioner for Children and Families, then the Department for Children and Families shall assume responsibility for the student's transportation to and from school.

(B) In all other instances under this subdivision (4), the parent or legal guardian is responsible for the student's transportation.

(d) [Repealed.]

[Subsection (e) shall take effect beginning with 2017-2018 school year.]

(e) For the purposes of this title, the legal residence or residence of a child of homeless parents is the child's school of origin, as defined in subdivision (c)(1) of this section, unless the parents and another school district agree that the child's attendance in school in that school district will be in the best interests of the child. A "child of homeless parents" means a child whose parents:

(1) lack a fixed, regular, and adequate residence, or

(2) have a primary nighttime residence in a supervised publicly or privately operated shelter for temporary accommodations such as public assistance hotels, emergency shelters, battered women's shelters, and transitional housing facilities, or a public or private place not designated for, or ordinarily used as, a regular sleeping accommodation for human beings.

(f) For the purposes of this title, the legal residence of an alien, immigrant, or refugee child shall be determined in the same manner as in subsection (e) of this section, unless the child's parents have established a residence in the State.

(g) [Repealed.]

(h) For the purposes of this title, the legal residence or residence of an independent student is where the independent student resides. "Independent student" as used in this subsection means a child between the ages of 14 and 18 years who by the acts and expressions of the child and his or her parents or legal guardian has demonstrated that he or she is living separate and apart from his or her parents or legal guardian, is independent of the authority of his or her parents or legal guardian, and is not economically dependent upon his or her parents or legal guardian. For the purposes of this subsection, the term "independent student" shall also include "emancipated minor" as that term is defined in 12 V.S.A. § 7151(a).

(i) The Commissioner for Children and Families shall continue to provide social services and financial support in accordance with section 2950 of this title on behalf of individuals under his or her care and custody while in a residential placement, until they reach their 19th birthday.

(j) A claim or statement of fact bearing on residency shall be subject to 13 V.S.A. § 3016.

16 V.S.A §11 (28): Definition of State Placed Student

(A) A Vermont pupil who has been placed in a school district other than the district of residence of the pupil's parent, parents, or guardian or in an approved residential facility by a Vermont state agency, or any other agency as defined by the commissioner, or

(B) A Vermont pupil who:

(i) is 18 years of age or older,

(ii) is living in a community residence as a result of placement by a Vermont state agency, a Vermont licensed child placement agency or a designated community mental health agency, and whose residential costs are paid for in whole or in part by one of these agencies, and

(iii) resides in a school district other than the district of the pupil's parent or parents, or

(C) A pregnant or postpartum pupil attending school at an approved education program in a residential facility or outside the school district of residence pursuant to subsection 1073(b) of this title.

State Board Rule 9500: Reporting Students for Whom English is not the Primary Language

Each school district shall report, as part of its average daily membership count, pursuant to 16 V.S.A. § 4010(e), the number of students for whom English is not the primary language. A student shall be determined to be a "student for whom English is not the primary language," for purposes of this rule if:

  1. the student

  2. has a primary or home language that is not English as indicated on the State of Vermont, Primary/ Home Language Survey form and,

  3. within the preceding twelve months has been assessed for and found to be English Language Learner (ELL) by a qualified professional using an appropriate English as a second language assessment including but not limited to, Maculaitis Assessment; or

  4. the student after having been identified in accordance with subparagraph (a), continues to be eligible for and receive ESL services in the district. Students in this subparagraph (a); or

  5. the student has received over five years of ESL services but remains ELL because in the opinion of a qualified professional, he or she has not demonstrated English proficiency in all basic skill areas, as measured by multiple means, and as a result, has not demonstrated acceptable performance in content subjects; or
  6. the student is, in the opinion of a qualified professional, unable to be assessed through the assessment mechanisms set forth in subdivision (1)(a) due to non-English proficiency.

9502 A student shall not be determined to be a "student for whom English is not the primary language" if:

  1. the student although otherwise qualified to receive ESL services, is not legally entitled to receive such services because the student is a foreign exchange student or for other legally cognizable reasons; or
  2. the student because of successful completion of ESL services is English proficient in all basic skill areas, as measured by multiple means, and demonstrates acceptable performance in content subjects.

9503 For purposes of this rule, until June 30, 2000, "qualified person" means a person who has an understanding of first and second language acquisition, understands the cultural issues associated with second language acquisition, and has the ability to select, administer, and interpret appropriate procedures for identification, screening, assessment and monitoring of progress of ESL students. On or after July 1, 2000, a qualified person is one who holds an English as Second Language (ESL) K-12 endorsement.

16 V.S.A. § 4001

(A) The full-time equivalent enrollment of pupils, as defined by the state board by rule, who are legal residents of the district or municipality attending a school owned and operated by the district, attending a public school outside the district under an interdistrict agreement, or for whom the district pays tuition to one or more approved independent schools or public schools outside the district during the annual census period. The census period consists of the 11th day through the 30th day of the school year in which school is actually in session.