State law encourages or requires districts to implement identification and referral processes to link students and families with needed resources.
Code of Vermont Rules 22-000-003 2121.5 Tiered System of Support.
In accordance with 16 V.S.A. §2902 and State Board Rule 2194, each school shall ensure that a tiered system of academic and behavioral supports is in place to assist all students in working toward attainment of the Standard. This system shall be aligned with the school's Personalized Learning Plan structures, and specific student support services shall be specified within a student's Personalized Learning Plan. School counseling services shall support the mission and vision of the school and shall be available to all students K-12. The services shall address students' academic, career, personal and social development. Such services shall be aligned and integrated with the work of other professionals in the school setting, as well as those in other educational and human services. Staffing shall be filled by licensed school counselors and other student support personnel with sufficient staff to carry out the school counseling services, such as guidance counselors, Student Assistance Program counselors, home-school coordinators, English-as-a-Second-Language coordinators and school-based clinicians. At the elementary level, there shall be no more than 300 students per school counselor and other student support personnel. Schools with fewer than 300 students shall employ a school counselor and other student support personnel on a pro-rata basis. At the secondary level, there shall be no more than 200 students per school counselor and other student support personnel. Health services, including health appraisal and counseling, communicable disease control, mental health, and emergency and first aid care, shall be made available in a confidential manner to students in each school. These health services shall be delivered in accordance with the school district's written policies and procedures, which shall be developed in collaboration with parents and community health resources. The Vermont Department of Health recommends that schools and supervisory unions implement the School Nurse Leader School Health Services Delivery Model, which is consistent with the principles of the national Coordinated School Health Model, to ensure appropriate access and coverage across their district or supervisory union. Each school shall engage the services of a person licensed as a School Nurse or Associate School Nurse. There shall be no more than 500 students per school nurse. Schools with fewer than 500 students shall employ a nurse on a pro-rata basis. The school shall comply with requirements of state law relative to vision and hearing screening, immunization, and child abuse reporting, and federal law relating to invasive physical examinations in accordance with the Protection of Pupil Rights Act (20 U.S.C.§1232h).
2121.6. Interagency Teams. Schools shall participate in interagency teams as required by 33 V.S.A. §4303 and any other requirement of law.
Vermont Statutes 16 V.S.A. § 2902. Tiered system of supports and educational support team
(b) The tiered system of supports shall: (1) be aligned as appropriate with the general education curriculum; (2) be designed to enhance the ability of the general education system to meet the needs of all students; (3) be designed to provide necessary supports promptly, regardless of an individual student's eligibility for categorical programs; (4) seek to identify and respond to students in need of support for emotional or behavioral challenges and to students in need of specialized, individualized behavior supports; (5) provide all students with a continuum of evidence-based positive behavioral practices that promote social and emotional learning, including trauma-sensitive programming, that are both school-wide and focused on specific students or groups of students; (6) promote collaboration with families, community supports, and the system of health and human services; and (7) provide professional development, as needed, to support all staff in full implementation of the multi-tiered system of support.
Vermont Statutes 33 V.S.A. § 4303. Local interagency teams
(a) There shall be at least one local interagency team for each administrative district established by the Department for Children and Families whose permanent membership shall include:
- (1) The person from the designated community mental health agency for that district responsible for coordinating children's services.
- (2) The person managing the family services district office of the Department for Children and Families for that district.
- (3) A special education administrator from a school district in that district.
- (4) A person designated by the Secretary of Human Services.
- (5) A parent of a child or adolescent with a severe emotional disturbance. The parent shall receive compensation in accordance with the provisions of 32 V.S.A. § 1010, and the compensation shall be paid for by the Agency of Human Services.
(b) In addition to the permanent members, the local interagency team reviewing the case of a child or adolescent shall include as ad hoc members the special education administrator of the school district serving the child or adolescent and the parents of the child or adolescent. The local interagency team may appoint on an ad hoc basis, other persons determined to be necessary for the effectiveness of the team.
(c) The local interagency team shall appoint one of its permanent members to be chair. If the local interagency team cannot agree on a chair, one will be appointed by the State interagency team.
(d) A referral may be made by a local agency, service provider, or parent concerning a child or adolescent with a severe emotional disturbance when agreement cannot be reached with respect to the provision of appropriate services for the child or adolescent. When a referral is made, the local interagency team shall:
- (1) make recommendations concerning the following matters upon which agreement cannot be reached: assessment of the child, coordinated service planning, and the provision of services for the child or adolescent;
- (2) review the coordinated services plan for the child or adolescent and amend the plan if necessary.
(e) The local interagency team may meet at the request of any agency or parent to serve as a forum for consideration of general issues relating to implementation of the provisions of this chapter.
(f) After all attempts have been made without success to resolve any matter considered under subsection (d) or (e) of this section the matter shall be referred to the State interagency team.
(g) The local interagency team annually shall inform all local agencies and service providers for children and adolescents with severe emotional disturbances of the provisions of this chapter and any implementing rules or procedures.
Vermont Statutes 33 V.S.A. § 4305 Coordinated system of care
(b) (1) The State Board of Education, the Department of Mental Health, and the Department for Children and Families shall jointly adopt rules implementing the provisions of this chapter. Such rules shall: (A) provide guidelines for local interagency teams for development of procedures, with public participation, relating to: (i) referral, assessment, development, annual review, and revision of coordinated service plans, and time frames for these activities; (ii) fixing responsibility for case management; and (iii) notice to parents and guardians and other agencies; (B) protect the rights of children and adolescents and their parents and guardians concerning consent and confidentiality; and (C) ensure that matters unresolved after State interagency team review are subject to procedures for notice, hearing, and decisions of contested cases consistent with the provisions of 3 V.S.A. chapter 25. (2) Local interagency teams shall submit procedures developed in accordance with the rules adopted under subdivision (1)(A) of this subsection to the Advisory Board for review and comment. Thereafter, the proposed procedures shall be submitted to the Secretary and the Commissioners, who shall approve the procedures if all the elements specified in subdivision (1)(A) of this subsection are satisfied.