§ 802 - Miscellaneous Provisions-Article XII - Vermont Statutes

§ 802. Miscellaneous Provisions-Article XII

A. Studies. Insofar as practicable, the studies required by the laws of both states shall be offered in an interstate school district.

B. Textbooks. Textbooks and scholar's supplies shall be provided at the expense of the interstate district for pupils attending its schools.

C. Transportation. The allocation of the cost of transportation in an interstate school district, as between the interstate district and the member districts, shall be determined by the articles of agreement.

D. Location of schoolhouses. In any case where a new schoolhouse or other school facility is to be constructed or acquired, the interstate board shall first determine whether it shall be located in New York or in Vermont. If it is to be located in New York, Education Law §§ 401-409, relating to schoolhouses, shall apply. If it is to be located in Vermont, the Vermont law relating to schoolhouses shall apply.

E. Fiscal year. The fiscal year of each interstate district shall begin on July first of each year and end on June thirtieth of the following year.

F. Immunity from tort liability. Notwithstanding the fact that an interstate district may derive income from operating profit, fees, rentals, and other services, it shall be immune from suit and from liability for injury to persons or property and for other torts caused by it or its agents, servants or independent contractors except insofar as it may have undertaken such liability under Workers' Compensation Law § 3 relating to workers' compensation, or Education Law § 3023 relating to the procurement of liability insurance by a governmental agency and except insofar as it may have undertaken such liability under 21 V.S.A. section 621 relating to workers' compensation or 29 V.S.A. section 1403 relating to the procurement of liability insurance by a governmental agency.

G. Administrative agreement between commissioners of education. The commissioners of education of New York and Vermont may enter into one or more administrative agreements prescribing the relationship between the interstate districts, member districts, and each of the two state departments of education, in which any conflicts between the two states in procedure, regulations, and administrative practices may be resolved.

H. Amendments. Neither state shall amend its legislation or any agreement authorized thereby without the consent of the other in such manner as to substantially adversely affect the rights of the other state or its people hereunder, or as to substantially impair the rights of the holders of any bonds or notes or other evidences of indebtedness then outstanding or the rights of an interstate school district to procure the means for payment thereof. Subject to the foregoing, any reference herein to other statutes of either state shall refer to such statute as it may be amended or revised from time to time.

I. Separability. If any of the provisions of this compact, or legislation enabling the same, shall be held invalid or unconstitutional in relation to any of the applications thereof, such invalidity or unconstitutionality shall not affect other applications thereof or other provisions thereof; and to this end the provisions of this compact are declared to be severable.

J. Inconsistency of language. The validity of this compact shall not be affected by any insubstantial differences in its form or language as adopted by the two states. (1975, No. 130 (Adj. Sess.), § 12; amended 1981, No. 165 (Adj. Sess.), § 1.)