Legislative Alert - Labor Day Bill

Contact your Delegates TODAY to urge them to support HB 1063.  This bill will repeal the so-called King's Dominion law that prohibits school boards from starting school before Labor Day.  HB 1063 will allow each local school board to set the school calendar and determine the opening date of the school year.  A local school board is in the best position to set its own calendar and to determine a start date that is best for the students and community.  It is a decision best made by local officials.  Mandating that schools start after Labor Day forces schools to miss valuable instructional time before nationally-normed tests such as Advanced Placement and International Baccalaureate, which can begin in early May.  This mandate places the interests of the tourism and hospitality industries ahead of the interests of students and education, without allowing local boards to weigh these interests. 

Urge your Delegates to support HB1063!

School Calendar Bills Considered by Senate and House Committees

This morning, the Senate Education and Health Committee somewhat unexpectedly took up the Senate bills relating to school start dates.  Despite requests for the Administration and the bills' patrons, the committee chairman refused to pass the bills by for the day.  The issue of the post-labor start date - or the so-called King's Dominion law - was hotly debated on the Senate.  The bills were defeated on a close 9 to 6 vote. 

This evening, however, was much different on the House side.  In the Teachers and Administrative Action Subcommittee of the House Education Committee, 10 school calendar bills were considered.  One bill, HB591 (Merricks), dealing with particular localities was passed by for the day so the fate of the remaining bills could be determined.  Another bill, HB1063 (Tata), was one of the Governor's bills.  By an apparent agreement of patrons, the remaining bills were tabled in favor of the Governor's HB1063.  HB1063 was recommended for reporting on an overwhelming vote of 7 to 1. 

Thanks to the school board members, superintendents, and others who come this evening in support of this important measure.  We will continue our efforts to get this bill through the House and will work to pick up the votes needed on the Senate side. 
     

Urgent Action Needed on SB278! Contact Your Senator Today!

SB278 (Senator Smith), which changes the date by which probationary teachers must be notified of their nonrenewal from April 15 to June 15, came up for a vote on the floor of the Senate today. The bill initially passed on a vote of 28Y-12N but then Senator Howell (Fairfax) moved to reconsider the vote and pass the bill by for the day. This is a tactic that is sometimes used to garner additional opposition votes.

The recently adopted Guidelines for Uniform Performance Standards and Evaluation Criteria for Teachers use student growth as a significant factor (40%) in teacher evaluations. The results of SOL tests, which are used as the measure of student growth in SOL courses, are not available until late May or early June, thus making the April 15 deadline unworkable. Likewise, in non-SOL courses, it is unworkable and unreasonable to attempt to measure student growth prior to April 15.

Contact your Senator TODAY to urge him or her to vote YES on SB278.

SB185 (Miller) which provides that the Board of Education shall only require SOL assessments for math and English in the third grade was passed by the Senate 33Y-7N.

SB271 (Marsh), as amended, adds evidence-based antibullying tactics to the list of training that the Virginia Center for School Safety provides and adds bullying to the list of topics on which the Center conducts research and provides information.  The bill was passed by the Senate 29Y-11N. 

Update from House Education SOQ Subcommittee

HB462 (Stolle and Peace) would require the Board of Education to adopt regulations to adjust the formula for calculating the final high school accreditation to add points for each student obtaining a diploma and an industry certification.  The bill was recommended for reporting by the House Education SOQ Subcommittee.  
HB1061 (Byron) is one of the Governor's bills to reduce the number of diplomas.  The bill was recommended for reporting by the SOQ subcommittee. 

HB469 (Albo), which would have required school divisions to administer an algebra readiness test to all students before they are enrolled in an algebra course.  The bill was carried over for the year.

Highlights from Public Education Subcommittee of Senate Education and Health Committee

SB168 (Petersen) would have prohibited school divisions from using closed circuit cameras to monitor student conduct unless necessary to protect the physical safety and security of students. We, along with VASS and several others opposed the bill.  At the patron's suggestion, the bill was carried over for the year.   

SB119 (Marsh), which places restrictions on the hiring of temporarily employed teachers in the core subjects of English, mathematics, science and history in middle and secondary schools, was recommended for reporting in a close (and unusual) 3-2 vote.  Subcommittee members Locke, Carrico, and Black had left to attend other meetings.  Senator Howell voted in favor of the bill and she also voted in favor of the bill for Senator Locke, by proxy.  Senator Blevins, the subcommittee chair, voted against the bill.  He also voted no for Senator Black, by proxy.  Senator Blevins apparently had Senator Carrico's proxy but without an indication of which way Senator Carrico wished to vote on the bill.  So as not to send the bill to Committee with a negative recommendation, Senator Blevins voted Senator Carrico's proxy in favor of the bill.  It will be interesting to see how the vote turns out in the full Committee later this week.

SB256 (Miller) would have required school divisions to provide at least 30 minutes of physical activity daily to students in grades K-12.  Senator Miller indicated that he preferred Senator Northam's SB471, which requires the Board of Education to adopt regulations governing physical education requirements.  Therefore, at the patron's request, the subcommittee voted to recommend that the bill be stricken with a request that the Chairman of the Senate Education and Health Committee write a letter to the Board of Education on the subject. 

SB261 (Ebbin) which would create a grant fund for unexpended VPI funds (identical to HB144), was recommended for reporting by the subcommittee.

Update from House Education Committee

HB96 (Wilt) was reported by the House Education Committee. This bill delays until 2013 the implementation of certain SOA requirements.

HB224 (Habeeb) was amended by the House Education Committee to require the Board of Education to adopt regulations providing for an optional additional SOL testing window prior to March 1 each year. Local school boards that choose to participate in the early testing window would have to bear the cost of the optional test administration. The bill as amended by the Committee was reported and referred to Appropriations.

HB144 (Englin) regarding the use of unexpended VPI funds was reported and referred to the Appropriations Committee.

HB218 (R.P. Bell) regarding IEP team requirements for students who are deaf and hard-of-hearing was reported and referred to Appropriations.

HB578 (R.P. Bell) regarding licensure requirements for teachers of online courses was reported.

HB547 (Comstock) regarding the use of unexpended state funds for a bonus for teachers was referred to Appropriations.

Updates After the First Full Week of the 2012 Session

The 2012 Session of the General Assembly is now well underway.  Below is a summary of the activity on just some of the bills that we are following this session.  Be sure to check back throughout the week as we post more updates and details of more bills.

House Education Committee - SOQ Subommittee

HB138 (Cole) would have required local school divisions to, among other things, determine the immigration status of students and report to VDOE data regarding citizens and lawfully and unlawfully present aliens enrolled in public Schools.  The bill would also require the State Board of Education calculate the cost to the state and localities of educating students who are not lawfully present in the United States sand to submit an invoice for such costs to the U.S. Department of Education.  The SOQ Subcommittee of the House Education Committee recommended laying HB 138 on the table. 

HB224 (Habeeb) would require the Board of Education to adopt regulations allowing students to retake SOL tests and, at the discretion of a student’s teacher, to take SOL tests at any time during the school year.  The SOQ Subcommittee of the House Education Committee recommended that HB 224 be reported and referred to Appropriations.     

HB225 (Habeeb), which would have required the Board of Education to adopt regulations establishing standards for accreditation based on student growth measures as an alternative to student outcome measures, failed to report out of the SOQ Subcommittee of the House Education.

House Education Committee - Students and Early Education Subcommittee

HB110 (R.P. Bell) would have required that the organ and tissue donor awareness component of driver education programs be at least 30 minutes.  At the patron’s request, the Students and Early Education Subcommittee of the House Education Committee recommended that the bill be laid on the table.

HB143 (Englin) would allow a locality to use private funds for the local match in order to obtain state matching funds for certain preschool programs.  The bill was recommended for reporting by the Students and Early Education Subcommittee of the House Education Committee.

HB144 (Englin) would create a grant fund to be funded with unexpended Virginia Preschool Initiative (“VPI”) funds.  Often, VPI funds are unused because they require a local match and currently unexpended VPI funds revert to the state treasury.  The grant fund created by this bill would make the funds available for, among other things, improving training for preschool teachers, creating and improving preschool classrooms, and creating innovative early childhood programs for rural communities.  The Students and Early Education Subcommittee of the House Education Committee recommended that the bill be referred to Appropriations.    

HB218 (R.P. Bell) would require local school divisions to ensure that IEPs teams consider the specific communication needs for students who are deaf or hard-of-hearing and address those needs in the IEP.  The Students and Early Education Subcommittee of the House Education Committee recommended that the bill be referred to Appropriations. 

House Education Committee - Teachers and Administrative Action Subcommittee

HB250 (Cline) was amended to incorporate HB78 (Habeeb).  The bill would require each school board to report annually to the Board of Education the percentage of its operating budget allocated to instructional spending and directs the Board of Education to define instructional spending.  The bill was amended in subcommittee to remove language that would have required any school board that reported spending more than 67% of its operating budget on instructional spending present a plan to the Board of Education to increase instructional spending by 0.5% the next fiscal year.  The bill was also amended in subcommittee to include require the Board of Education to report annually to the House and Senate money committees the amount on instruction spending by school division.  The Teachers and Administrative Action Subcommittee of the House Education Committee recommended that the bill be reported as amended.    

HB547 (Comstock) would allow a school division to use unexpended state funds (that would otherwise revert to the state) to be used to pay a one-time bonus of up to 3% of annual base salary to all teachers.  The Teachers and Administrative Action Subcommittee of the House Education Committee recommended that the bill be referred to Appropriations. 

HB578 (R.P. Bell) would require the Board of Education to promulgate regulations establishing licensure requirements for teachers who teach only online courses.  The bill was recommended for reporting by the Teachers and Administrative Action Subcommittee of the House Education Committee.   

Senate Education and Health Committee

SB185 (Miller) provides that the Board of Education shall only require SOL assessments for math and English in the third grade.  The bill was reported from the Senate Education and Heath Committee and is on the floor of the Senate. 

SB190 (Miller) would clarify that a Special Power of Attorney may be used to enroll a student when the student’s parent is deployed within or outside the United States.  The bill was reported from the Senate Education and Heath Committee and is on the floor of the Senate.

SB271 (Marsh) adds evidence-based antibullying tactics to the list of training that the Virginia Center for School Safety provides and adds bullying to the list of topics on which the Center conducts research and provides information.  The bill was amended in subcommittee to remove a provision that would have allowed the Center to require that school safety audits include student surveys on bullying, gang activity, acts of violence and other, unenumerated topics.  The bill, as amended, was reported from the Senate Education and Heath Committee and is on the floor of the Senate.

SB278 (Smith) changes the date by which probationary teachers must be notified of their nonrenewal from April 15 to June 15.  We supported this bill because the new teacher evaluation system adopted by the Board of Education uses student growth as a significant factor (40%) in teacher evaluations.  The results of SOL tests, which are used as the measure of student growth in SOL courses, are not available until late May or early June, thus making the April 15 deadline unworkable.  SB278 was unanimously recommended for reporting by the Senate Education and Heath Committee and is on the floor of the Senate.    

Governor Announces Budget Amendments to Increase K-12 Funding

Today, Governor McDonnell announced several executive amendments to his proposed biennial budget that will provide additional K-12 funding.  According to the Governor's press release, the amendments provide for an additional $58 million to K-12 education over the biennium.  Click here to read the press release. 

Senate Reorganization

Yesterday the Senate of Virginia organized itself and, as expected, there will be no power sharing arrangement between the Republicans and Democrats. The vote on the organization plan broke down 20-20 along party lines and Lt. Governor Bolling cast the tie breaking vote for the Republican-sponsored organizational plan. Many of the Senate committees have a super Republican majority. However, the Senate Committee on Education and Health has 8 Republicans and 7 Democrats. Time will tell whether the membership of the Education Committee will be favorable to the VSBA's positions on education bills.

The members of the Senate Education Committee are as follows:

Senator Martin-R (Chesterfield) Chairman
Senator Saslaw-D (Fairfax)
Senator Lucas-D (Portsmouth)
Senator Howell-D (Fairfax)
Senator Newman-R (Lynchburg)
Senator Blevins-R (Chesapeake)
Senator Locke-D (Hampton)
Senator Barker-D (Fairfax)
Senator Northam-D (Accomack)
Senator Miller-D (Newport News)
Senator Smith-R (Roanoke)
Senator McWaters-R (Virginia Beach)
Senator Black-R (Loudoun)
Senator Carrico-R (Galax)
Senator Garrett-R (Louisa)

Governor McDonnell Talks About K-12 Issues in the State of the Commonwealth Address

Governor McDonnell mentioned many of his K-12 education initaitives during the State of the Commonwealth Address tonight.  An excerpt of his comments is below.  Click here to access the full speech.

States are competing against each other, and the world, for job-creating businesses.

When deciding where to move or expand, businesses look for a well-educated and well-trained workforce. We owe every student the opportunity to be career-ready or college-ready when they graduate from high school. A good education means a good job.

I have proposed an increase in funding for K-12 education of $438 million over this biennium to strengthen the Virginia Retirement System for teachers and school employees, increase dollars going to the classroom, hire more teachers in science, technology and math, improve financial literacy, and strengthen Virginia’s diploma requirements.

We will also provide new funding for the successful Communities in Schools program, as well as funding for all 10th graders to take the PSAT, and for the start up of new health science academies.

However, while we will put more funding into K-12 in this budget, more funding alone does not guarantee greater results.

Over the past decade, total funding for public education increased 41 percent, while enrollment only went up 6 percent. This budget will provide new funding, but we will also seek more accountability, choice, rigor and innovation.

Providing flexibility to local school divisions is important. It is time to repeal the state mandate that school divisions begin their school term after Labor Day unless they receive a waiver. Already, 77 of the 132 school divisions have these waivers, so that the exceptions have become the rule.

Local communities can best balance their teaching and calendar needs with the important concerns of local tourism and business.  They know their situations far better than Richmond.

Our teachers are well educated and motivated professionals who deserve to be treated as such.

Just like workers in most other jobs get reviewed every year, and are therefore able to be more accurately promoted and rewarded for their success, so too should our teachers.

I am asking that we remove the continuing contract status from teachers and principals and provide an annual contract in its place.  This will allow us to implement an improved evaluation system that really works and give principals a new tool to utilize in managing their schools. Along with the merit pay pilot program we approved last year, we will provide more incentives and accountability to attract and retain the best and brightest teachers.

We’ve got so many great teachers in Virginia, teachers like Stacy Hoeflich, a fourth grade teacher at John Adams Elementary School in Alexandria, who was recently named the National History Teacher of the Year.

I happen to think my sister Nancy, a public school teacher in Amherst County, is a great teacher.

Your House Majority Leader, Kirk Cox, is a great teacher.

We all know strong teachers who deserve to be better recognized for the invaluable roles they play in the development and learning of our students.

We will also fund policies to ensure all young people can read proficiently by third grade, so they are ready to become lifelong learners. Social promotions are not acceptable. When we pass a student who cannot read well and is not ready for the next grade, we have failed them.

Our public education system must also embrace multiple learning venues and opportunities.

I agree with President Obama that we need to expand charter schools in our nation. I am proposing that we make our laws stronger by requiring a portion of the state and local share of SOQ student funding to follow the child to an approved charter school, and to make it easier for new charters to be approved and acquire property.

We need a fair funding formula for the fast growing virtual school sector. I will propose that a portion of the state and local share of SOQ student funding should follow the student in this area as well, and that we implement new regulations for accrediting virtual schools and teachers.

We should also create effective choices for low-income students, so I’m asking you to provide a tax credit for companies that contribute to an educational scholarship fund to help more of our young people, and I thank Delegates Jimmie Massie and Algie Howell, and Senators Walter Stosch and Mark Obenshain for their leadership on this issue. A child's educational opportunities should be determined by her intellect and work ethic, not by her neighborhood or zip code.

We will also propose innovations to promote greater dual enrollment in high school and community college, so motivated students can get a head start on their college educations.

The goal of all of these proposals is simple: at high school graduation, every student who receives a diploma must be college- or career-ready.

VSBA President Joan Wodiska Remarks on Governor McDonnell's Education Agenda

Prepared Remarks for the Honorable Joan E. Wodiska

President, Virginia School Boards Association

Governor McDonnell’s Education Agenda 2012

January 9, 2012

“On behalf of the over 800 school board members of the Virginia School Boards Association, Governor McDonnell and Secretary Fornash thank you for inviting me to be here today.

Every day Virginia’s public schools are filled with amazing and inspirational stories of student success.  Governor, thank you for recognizing our achievements.  Yet, school board members also understand that given the challenges of the new economy our schools must continually improve, innovate, and evolve to ensure that every student succeeds and is prepared for college, careers, or life. 

Virginia students no longer compete against students from Maryland or North Carolina, our students, our workers, our businesses, compete in a global economy.   In this high stakes game, we cannot afford to lose.  Every student, regardless of race, gender, language, income, disability or zip code needs and deserves a world-class public education.  

Governor McDonnell, I applaud your courage and leadership in calling for a full repeal of the Labor Day Law.   Your action today is an exciting and uplifting signal of support for Virginia’s students.   For many, many, many years, the Virginia School Boards Association’s top legislative priority has been to abolish the Labor Day Law.  Virginia School Board members strongly and loudly support your request for a full repeal. 

This year, 77 of the 132 school divisions were allowed through a cumbersome, costly, labor intensive paperwork process to start school before the Labor Day.  Many more school divisions want the much needed flexibility to start school as they see fit, but are prohibited from doing so or unable to secure a waiver. 

Much has changed in the nearly three decades since the passage of the Labor Day Law.  This relic of the old economy is the definition of a burdensome, costly, outdated, and unnecessary state mandate.  In fact, today, the State Labor Day Law directly conflicts with Virginia’s economic and educational goals.   It must be repealed. 

Governor, I am also proud to announce that the Task Force on Local Mandates, comprised of city and county local leaders of which I am a part, also unanimously supports and recommends the full repeal of the Labor Day Law.   Local leaders from all across the state, including tourism dependent communities, want this law repealed to regain control of their school calendars.

VSBA calls on all Virginia legislators to stand with the Governor, school board members, local leaders, and the Task Force on Local Mandates:  fully repeal the Labor Day Law this session.  

In the words of the deeply valued educators from my own community, the City of Falls Church, “make no excuses when it comes to our children.”  Just get it done.

Governor, school board members also want to thank and recognize you for your ongoing commitment to end childhood hunger.  VSBA recently launched, “Food for Thought,” a statewide effort to educate, engage, and empower school board members to end childhood hunger and improve the quality of school meals.  School board members wholeheartedly agree with you Governor, that no matter how rigorous the curriculum, how modern our school buildings, or how well-prepared the staff, a hungry child simply cannot learn.  Thank you for making and keeping childhood hunger a key priority in your Administration.

I also want to thank you and your staff for your ongoing outreach to school board members and VSBA.  Already our discussions have produced notable achievements for Virginians, such as the recent online learning legislation and the strengthening of the charter school law.  We look forward to continuing to work together to tackle other difficult issues such as reforming the Virginia Retirement System to eliminate the swings in state and local payments by providing a stable, planned payment structure.   In addition, we look forward to future action to reduce state paperwork to give teachers, administrators, and all school staff more time to spend helping students.

In closing, the road to economic recovery, job creation, and good paying jobs for all Virginias in paved by a high-quality, educated citizenry.   These remain challenging times to govern and resources are scarce for everyone, but inherent in our shared challenge is an opportunity to chart a new vision of public education for all Virginians.   Working together, we can ensure that every Virginia student succeeds and that our economy continues to grow.  

Governor, thank you for the great honor to join you today.”

Governor Announces Legislative Agenda

On Monday, Governor McDonnell announced his K-12 education agenda.  Among the Governor's long list of education initiatives are the following:

• Repeal of the so-called "King's Dominion" law, which requires school divisions to start school after Labor day unless the division has applied for and received a waiver;
• Reducing the number of different high school diplomas from seven to three;
• Alternative licensure requirements for virtual school teachers;
• Moving from continuing contract sfor teachers to annual contracts; and
• "Streamlining" the grievance procedure.

Additional details on many of Governor's K-12 initiatives are not yet available.  We will provide more information as it becomes available. 

Click here to read the Governor's press release about his education agenda.