In re T.M
In In re T.M., 171 Vt. 1, 756 A.2d 793 (2000), the Court held that the State can preclude enrollment in a home study program only by means of a noticed hearing. 171 Vt. at 7, 756 A.2d at 797.
Thus, since the State failed to order a hearing within forty-five days of receipt of the notice of enrollment as required by 16 V.S.A. 166b(b)(2), T.M. became automatically enrolled in a home study program and therefore could not be considered truant under 33 V.S.A. 5502(a)(12)(C). In re T.M., 171 Vt. at 8-9, 756 A.2d at 798.
In reaching this conclusion, the Court emphasized that the Vermont home study statute is a notice-enrollment rather than an application-approval regulation. Id. at 6-7, 756 A.2d at 797.