Report to the 2008 General Assembly

Legislative Report 1

Title: AUSTINE SCHOOL

In accordance with the provisions of Act No. 52 section 8a the Commissioner of Buildings and General Services and the Commissioner of Education shall gather information regarding past state funding of the Austine School, any legal obligations of the state to the school, and any legal interest of the state in the school.

History of the Austine School

The school was incorporated in Act No. 276 of 1904.  The school initially served the indigent population as a sanitarium and later changed its mission to serve as a school for the deaf and hard of hearing population of Vermont as well as other states.  Holton Hall, located on the Austine campus was built in 1912 and has been the largest recipient of state appropriated funds. The building has 5 floors (including the basement) representing approximately 30,000 square feet of useable space.  Renovations were completed on the basement and the first floor of Holton Hall in 1994.  The school serves over 6,000 students statewide through its Brattleboro campus and its satellite locations where it provides consulting and audiological services. 

History of all State appropriations

  FY             Year / Act                  Funding
1910            1910    74                  $50,000
1963            1963  184                $235,000
1967            1967  239             $1,100,000
1994            1993    59                $600,000      
1995            1994                        $300,000
1996            1995    62                $200,000
1997            1996  185                  $25,000
1998            1997    62                  $40,000
1999            1998                                   0
2000            1999    29                  $75,000
2001            2000  148                  $75,000
2002            2001    61                $650,000
2003            2002  149                $575,000
2004            2003                                   0           
2005            2004  121                $375,000
2006            2005                                  0
2007            2006                                  0
2008            2007    52                  $50,000

                            TOTAL        $4,350,000

There was language included in the Capital Bill of the 2003-2004 session that amended Sec 42 16 VSA §3823.  The original language is as follows:

The Austine School of Brattleboro, a non profit school for the deaf, may from time to time receive state capital appropriations for improvements to the school subject to the requirements established by Act No74 of the Acts of 1910 that the school property shall not be sold without the approval of the general assembly, and that the state capital funds appropriated for use by the school shall be repaid to the state, without interest from the proceeds of the sale.

This language was replaced with:

1. Notwithstanding any provision of law to the contrary, the Vermont Center for the deaf and hard of hearing which owns and operates the Austine School for the deaf, and its successors in interest are authorized to pledge as collateral, sell, transfer, or otherwise convey any real property associated with the Austine School without the consent of the general assembly.  
2. All state capital appropriations made to or for the benefit of the Austine School prior to or subsequent to the effective date of this section shall create a first priority lien in favor of the state unless expressly waived by the general assembly; provided that this priority lien shall be subordinate in an amount not to exceed $3,000,000, to the interest of any lender to whom the Vermont Center for the Deaf has pledged its real property as collateral pursuant to subsection (a) of this section.
3. If the Vermont Center for the Deaf sells any or all of its real property, then, subject to the subordination provisions of subsection (b) of this section, all state capital appropriations made to or for the benefit of the Austine School shall be repaid to the state, without interest, from any remaining proceeds of the sale.

The State has been generous in its appropriations to the school and its funding of improvement at Holton Hall. The need continues to support construction and updates at Holton Hall. The Administration supports conclusion of this project. The Department of Buildings and General Services and Director of Austine School have discussed the long range capital funding responsibility of the State. Both parties agree that the Holton Hall project, which commenced with Legislative authorization, should be completed.