A new legal opinion says Saturday's referendum on closing high school grades at Danville School cannot compel the school board to act, making the vote advisory rather than binding.
The opinion, delivered Tuesday to Superintendent Matt Foster from Burlington law firm McNeil, Leddy & Sheahan, states that the petition to shutter grades by June 30 "exceeds the authority of the electorate under Vermont law." The Caledonia Central Supervisory Union sought the second opinion after conflicting advice from its initial attorneys at Lynn, Lynn, Blackman & Toohey, who had said the board must hold a binding vote.
Danville School Board Chair Clayton Cargill said the board will treat the vote as advisory. "We have a warned article," Cargill said. "If we cancel our meeting, we would probably be subject to a lawsuit or something." He declined to speculate on whether the board might keep the high school open even if the community votes for closure, saying he could not speak for other members.
Closure would leave the region without a public high school, forcing Danville to pay tuition for students to attend other schools. The situation mirrors other Vermont districts wrestling with declining enrollment and Act 73 reforms. Last month, the Bennington-Rutland Supervisory Union voted to close two elementary schools despite a non-binding public vote to keep them open.
NEK will be looking into the dueling legal opinions and the board's decision-making process for the future of Danville School.
Originally reported by VTDigger.
Photo: Pixabay via Pexels. Photo is illustrative and not from the scene.
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