Friday, February 28, 2014

Update from Senate Education and Health and House Appropriations

The Senate Education and Health Committee met Thursday morning for its final meeting of session. Chairman Lucas moved quickly through the docket taking the recommendations from the subcommittee reports.  VSBA had a few successes in defeating bills unwanted bills and a defeat with the School Calendar “Labor Day” bills. Below is a report of the committee’s actions.

HB197 (Landes) directs the Board of Education to develop guidelines for supplementary written materials used to teach the Declaration of Independence, the Constitution of the United State, the Bill of Rights, the Virginia Statue of Religious Freedom, the Virginia Declaration of Rights and the charters of the Virginia Company of April 10, 1606, May 23, 1609 and March 12, 1612. It further requires that all teachers ensure that supplementary written materials contain accurate restatements of the principles contained in the documents. The bill was reported from the full committee.

HB324 (D. Bell) was carried over to 2015. VSBA strongly opposed the bill due to significant problems including funding concerns. The bill established the Board of the Virtual Virginia School and requires that the School be open to any student in the Commonwealth. The bill would result in federal, state, and local funds, up to $6,500 per pupil, being transferred from local school boards to the Virtual Virginia School. Chairman Lucas will send a letter to the Chairman of the Finance Committee requesting that they examine the funding provisions in the bill.

HB515 (Minchew) was significantly amended in the House but VSBA still had concerns. The bill required principals to attempt to notify the parents of any student who violates a school board policy or compulsory school attendance requirement if the violation could result in a student’s suspension, long-term suspension or expulsion. VSBA had concerns with the language of the amended legislation because it could be construed to place a significant burden on principals to notify parents of minor infractions even when the teacher or principal has decided not to suspend the student. The bill was passed by indefinitely and failed to report from the committee due to the concerns raised by VSBA.

HB751 (Rust) was amended and unanimously reported by the committee. The bill clarifies that school administrators and the local school board have discretion in disciplining students for certain drug offenses. Current law requires school boards to expel students for these offenses but does allow school boards to impose another sanction if warranted by special circumstances. Under this legislation, a school board may still expel a student for drug offenses, but is not required to do so. 

HB754 (Rust) was stricken at the request of the patron. The bill allowed the school board or a committee thereof to change a disciplinary decision made by a Superintendent or designee or hearing officer in certain circumstances. It was VSBA's position that school boards can already take such actions.

HB786 (Wilt) prohibited the dismissal or probation of an employee on the grounds that they possessed an unloaded firearm in a closed container in their vehicle or in a locked trunk, a knife with a metal blade in their vehicle or an unloaded shotgun in a firearms rack. The possession of a firearm on school property in these limited circumstances is not prohibited by law but, currently, a school board may choose to prohibit it. This bill effectively prevented school boards from exercising their authority to prohibit firearms on school property in these circumstances. Due to the work of VSBA and other stakeholder groups, the bill was passed by indefinitely by the committee on a close 8-7 vote.

HB887 (Peace) requires the Board of Education to develop model criteria and procedures for establishing a Governor’s Career and Technical Education School. The bill was reported by the committee.

HB930 (Greason) was slightly amended by the patron and committee to clarify the specific stakeholder groups that will be involved in the Standards of Learning Innovation Committee, which will be led by the Secretary of Education. The committee is tasked to make recommendations on the Standards of Learning assessments, authentic individual student growth measures and alignment between the Standards of Learning and assessments and the School Performance Report Card. Additionally, the bill requires local school boards to certify instruction and the completion of local assessments in the other Standards of Learning subject areas. The bill also allows the Board of Education to make future further reductions in the number of SOL assessments in grades 3 through 11. VSBA has worked extensively with Delegate Greason on this legislation and strongly supports the bill. 

HB1086 (D. Bell) provides that when a student with a disability who lives in one school division enrolls in a full time virtual program offered by another a school division, the school division in which the student is enrolled must provide special education services to the student. The bill was reported by the committee.

HB1115 (Greason) expands Virtual Virginia by authorizing DOE to contract with local school boards that have developed virtual courses to make those virtual courses available to other school boards through Virtual Virginia. VSBA has been working with Delegate Greason on this legislation and strongly supports the bill. The full committee unanimously reported HB1115.

HB1229 (Landes) was conformed to SB324 to delay implementation of the A-F grading scale by three years. SB324 (Miller) has passed the House floor which delays implementation by one year. Both bills will go to conference to work on a compromise.

Unfortunately, the School Calendar “Labor Day” bills were not placed on the docket for a hearing by the committee. Without an action on HB333, HB610 and HB577, the bills will be left in committee indefinitely.

Thursday afternoon the Elementary and Secondary Education subcommittee of House Appropriations met to act on the final bills assigned to them. As expected, the majority of the bills were tabled due to the fiscal impact.

SB388 (Barker) required the Board of Education to promulgate regulations providing local school boards maximum flexibility to determine the date for administering SOL assessments. The bill was tabled.

SB389 (Barker) directed the Board of Education to promulgate regulations for eligibility of expedited retakes of SOL assessments for each student regardless of grade level or course. The bill was tabled.

SB291 (Carrico) imposed certain evaluation requirements, including evaluation by a Teacher of the Visually Impaired, for students with visual impairment. VSBA had concerns about the fiscal impact this legislation would have on school divisions. The bill was tabled due to those concerns.

SB305 (Deeds) required that the Board of Education promulgate regulations to (1) increase the number of students and grade levels that are eligible for expedited retakes  and (2) allow students in grade 3 through 5 who score 390 to 399 on a SOL assessment to receive remediation and retake the assessment. The bill was tabled.

SB144 (Edwards) required all revisions to SOL assessments be finalized by December 31 of the school year prior to the school year in which the revised assessment will be administered. Due to the same fiscal impact concerns of HB365, the bill was tabled.


SB532 (Stuart) was conformed to HB134 (Cole) and reported from the subcommittee since it doesn’t have any fiscal impact to school divisions. The bill requires that a student with diabetes, with written parental and prescriber consent, be allowed to carry and use supplies and equipment for immediate treatment of their diabetes.

Wednesday, February 26, 2014

Update from the final House Education Committee

The House Education Committee held its final meeting of the session this morning. The docket contained all of the Senate SOL Reform bills and a handful of other pieces of legislation.

SB2 (Marsden) requires that all textbooks approved by the Board of Education after July 1, 2014 must note that the Sea of Japan is also referred to as the East Sea. After much discussion and debate, the bill reported on a 19-3 vote.

SB144 (Edwards) is identical to HB365 and requires all revisions to SOL assessments be finalized by December 31 of the school year prior to the school year in which the revised assessment will be administered. Due to the fiscal impact HB365 was tabled in the Appropriations Committee. SB144, as amended to include an enactment clause, was reported and referred to the Appropriations Committee 18-1.

SB270 (Miller) was reported 19-0 from the full committee. This bill requires only math and reading SOL assessments for grade 3.

SB305 (Deeds) requires that the Board of Education promulgate regulations to (1) increase the number of students and grade levels that are eligible for expedited retakes  and (2) allow students in grade 3 through 5 who score 390 to 399 on a SOL assessment to receive remediation and retake the assessment. The bill was reported and referred to the Appropriations Committee 18-1. It will be before the Appropriations subcommittee tomorrow afternoon.

SB306 (Deeds) was conformed by the committee to HB930 (Greason) and unanimously reported. With the substitute the bill reduces SOL assessments in grade 3 through 8 from 22 to 17 assessments. It requires local school boards to certify instruction and the completion of local assessments in the other Standards of Learning subject areas. Further, the bill creates the Standards of Learning Innovation Committee. The committee, led by the Secretary of Education, will include a variety of stakeholders that are tasked to make recommendations on the Standards of Learning assessments, authentic individual student growth measures and alignment between the Standards of Learning and assessments and the School Performance Report Card. The bill also allows the Board of Education to make future further reductions in the number of SOL assessments in grades 3 through 11.

SB388 (Barker) was reported and referred to the Appropriations Committee with a with a substitute. The substitute bill requires the Board of Education to promulgate regulations providing local school boards maximum flexibility to determine the date for administering SOL assessments.

SB389 (Barker) directs the Board of Education to promulgate regulations for eligibility of expedited retakes of SOL assessments for each student regardless of grade level or course. The bill was reported and referred to the Appropriations Committee on an 18-1 vote.

SB532 (Stuart) was reported and referred to the Appropriations Committee on a 12-8 vote. The bill requires training for certain staff in the administration of insulin and glucagon and the certification of the Superintendent that the requirements of Board’s Manuel for Training Public School Employees in the Administration of Insulin and Glucagon have been met. Additionally the bill requires that a student with diabetes, with written parental and prescriber consent, be allowed to carry and use supplies and equipment for immediate treatment of their diabetes. 

SB636 (Hanger) directs the Board of Education to review SOL assessments and develop a plan to reduce the number of assessments required by at least 25 percent. Given the other SOL bills that have passed or will pass the General Assembly this session, the committee felt the bill was no longer necessary and was tabled.

Several of these bills were referred to the House Appropriations committee. The Elementary and Secondary Education subcommittee will meet tomorrow at 3pm to vote on these bills. Check back tomorrow for an update from the Appropriations subcommittee. 

Monday, February 24, 2014

Monday's House Education Committee Update

Much of the legislative work of the General Assembly is starting to wind down while work on the budget is ramping up. The House Education committee met this morning for one of its final meetings of the session. : 

SB2 (Marsden) requires all textbooks approved by the Board of Education after July 1, 2014, to note that the Sea of Japan is also referred to as the East Sea. At the request of the patron, the bill went by for the day. It will be taken up for a vote on Wednesday.

SB107 (Stanley) was reported and referred to the Appropriations committee. This bill establishes a STEM grant program. The donations must be used by the qualified schools to support STEM programs. Qualified schools are public elementary and secondary schools where at least 40 percent of the students qualify for free or reduced lunch. Grants are capped at $50,000 per organization per year.

SB168 (Stanley) was reported and referred to the Appropriations committee. This bill provides a grant of $5,000 to new and experienced teachers who relocate to either a school where at least 40 percent of the students qualify for free or reduced lunch or to a school in a locality with a population of 50,000 or less.

SB672 (Favola) allows the Board of the Virginia School for the Deaf and Blind (VSDB) to create criteria and procedures for all out-of-state students to attend VSDB. There will be a tuition charged to these out-of-state students.  This bill was unanimously reported and referred to the Appropriations committee.

SB153 (Stuart) was reported and referred to the Appropriations committee. This bill only impacts Planning District 16 that includes Stafford, Fredericksburg, Caroline, King George and Spotsylvania. It expands eligibility for services through the Comprehensive Services for At-Risk Youth and Families program to students who transfer from an approved private school special education program to a public school special education program for the purpose of providing special education and related services when the public school special educational program is able to provide services comparable to those of an approved private school special educational program.      

SB562 (Locke) was reported unanimously from the full committee. This bill allows the school board that partners with a college partnership laboratory school to charge tuition to students enrolled in the college partnership laboratory school who do not reside within the partnering division.  

SB236 (Carrico) is a very problematic bill for VSBA. It requires that each school division adopt a policy that creates a limited public forum at any school event at which a student is permitted to speak and provides that the limited public forum does not discriminate or regulate against a student’s voluntary expression of religious viewpoint. Additionally, students may organize prayer groups or religious groups before, during or after school and shall have the same access to school facilities as other student-organized groups. If this bill passes, we believe that a constitutional challenge against a school board implementing the legislation is extremely likely. VSBA has offered amendments to the legislation that would authorize the Attorney General to advise and defend school boards implementing the legislation. This proposed amendments have been rejected by the patron. The bill, without the amendment proposed by VSBA, passed the Senate 20-18 prior to its reorganization. After much discussion from both sides, the bill reported from House Education on a close 12-10 vote. We will continue to work this bill in hopes of defeating it on the floor. As reported in the Washington Post, the governor has indicted that he would veto the bill if it passed both Houses. 

Action Alert – “Labor Day” bills in Senate Education and Health on Thursday

There are three “Labor Day” bills that the Senate Public Education recommended reporting Friday morning, House Bills 333, 610 and 577.

House Bill 333 (Greason) repeals the so-called “King’s Dominion law” and allows a local school board to set its own calendar and determine the opening date of the school year.

House Bill 610 (Robinson) is a different and creative take on the Labor Day bills. It allows a local school board to set its own school calendar and opening date. However, the division must close schools from the Thursday before through Labor Day or Friday before through the Tuesday after Labor Day. The members have been very intrigued by the Del. Robinson’s novel approach to this issue.

House Bill 577 (Stolle) allows a school board to set its academic calendar for any school within the division that has failed to meet full accreditation status. Additionally, it allows the school board to set its academic calendar for the entire division if more than 15 percent of all schools within the division have failed to achieve full accreditation status.

We request that you contact the members of the Senate Education and Health committee and urge them to SUPPORT all three of these bills. Our preference is House Bill 333, which allows for full flexibility by the local school board, but we believe House Bill 577 or House Bill 610 may have a better chance of passing.

Please contact Senators Lucas, Saslaw, Howell, Martin, Newman, Edwards, Locke, Barker, Miller, Smith, McWaters, Black, Carrico, Puller, and Favola by 7am on Thursday and ask them to SUPPORT local control of the school calendar and House Bills 333, 610 and 577. You can find the contact information for your legislators here.

Thank you for your continued support. 

Update from Senate Public Education subcommittee

On Friday morning, the Senate Public Education subcommittee met to take up a very lengthy docket. They made recommendations on several bills that will be before the full committee for a vote on Thursday.

HB324 (D. Bell) establishes the Board of the Virtual Virginia School and requires that the School be open to any student in the Commonwealth. The bill would result in federal, state, and local funds, up to $6,500 per pupil, being transferred from local school boards to the Virtual Virginia School. There are also other significant problems with this legislation and VSBA strongly opposed the bill in subcommittee. The subcommittee recommended carrying over the bill to 2015. The Chairman of Education will write a letter to the Chairman of Finance to look at the funding challenges.

HB333 (Greason) would repeal the so-called “King’s Dominion law” and allow local school boards to set their own calendars and determine the opening date of the school year. The subcommittee recommended reporting 3-2.

HB610 (Robinson) is another take on the Labor Day bills. It allows a local school board to set their school calendar and opening date. However, the division must close schools from the Thursday before through Labor Day or Friday before through the Tuesday after Labor Day. The subcommittee was very intrigued by the concept of this bill. They recommended reporting 3-2.

HB577 (Stolle) allows a school board to set its academic calendar for any school within the division that has failed to meet full accreditation status. Additionally, it allows the school board to set its academic calendar for the entire division if more than 15 percent of all schools within the division have failed to achieve full accreditation status. The subcommittee recommended reporting on a 3-1-1 vote.

HB515 (Minchew) requires principals to attempt to notify the parents of any student who violates a school board policy or compulsory school attendance requirement if the violation could result in a student’s suspension, long-term suspension or expulsion. VSBA has concerns with the language of the amended legislation because it could be construed to place a significant burden on principals to notify parents of minor infractions even when the teacher or principal has decided not to suspend the student. Due to the concerns of VSBA and several stakeholder groups, the subcommittee recommended passing by indefinitely on a 4-0-1 vote.

HB751 (Rust) changes the “shall” to “may” in the Code section dealing with the discipline of students for possessing drugs. Current law requires students to be expelled for these offenses, but does allow either a lesser punishment or no punishment if the facts of the particular case warrant it. The subcommittee unanimously recommended reporting HB751.

HB786 (Wilt) prohibits the dismissal or probation of an employee on the grounds that they possessed an unloaded firearm in a closed container in their vehicle or in a locked trunk, a knife with a metal blade in their vehicle or an unloaded shotgun in a firearms rack. The possession of a firearm on school property in these limited circumstances is not prohibited by law but, currently, a school board may choose to prohibit it. This bill would effectively prevent school boards from exercising their authority to prohibit firearms on school property in these circumstances. VSBA strongly opposed this bill in subcommittee. The subcommittee did not recommend reporting the bill on a 3-2 vote.

HB887 (Peace) requires the Board of Education to develop model criteria and procedures for establishing a Governor’s Career and Technical Education School. The subcommittee unanimously recommended reported HB887.

HB930 (Greason) reduces SOL assessments in grade 3 through 8 from 22 to 17 assessments. It requires local school boards to certify instruction and the completion of local assessments in the other Standards of Learning subject areas. Further, the bill creates the Standards of Learning Innovation Committee. The committee, led by the Secretary of Education, will include a variety of stakeholders that are tasked to make recommendations on the Standards of Learning assessments, authentic individual student growth measures and alignment between the Standards of Learning and assessments and the School Performance Report Card. The bill also allows the Board of Education to make future further reductions in the number of SOL assessments in grades 3 through 11. VSBA has worked extensively with Delegate Greason on this legislation and strongly supports the bill. The subcommittee recommended reporting on a 4-1 vote.

HB1086 (D. Bell) provides that when a student with a disability who lives in one school division enrolls in a full time virtual program offered by another a school division, the school division in which the student is enrolled must provide special education services to the student. The subcommittee recommended reporting 4-1.

HB1110 (Toscano) was not taken up this week at the request of the patron.

HB1115 (Greason) expands Virtual Virginia by authorizing DOE to contract with local school boards that have developed virtual courses to make those virtual courses available to other school boards through Virtual Virginia. VSBA has been working with Delegate Greason on this legislation and strongly supports the bill. The subcommittee unanimously recommended reporting HB1115. 

Thursday, February 20, 2014

Updates from Senate Education and Health


This morning the Senate Education and Health Committee met to vote on a lengthy docket of House Bills. Most notably, the “Tebow” bill was heard by the full committee.

After much discussion and debate from the proponents and opponents, HB63 (R. Bell) was defeated by the committee on a 9-6 vote. VSBA, along with many other education stakeholder groups, spoke in opposition to the legislation. The bill prohibits a public school from joining an organization governing interscholastic activities that does not allow student receiving home school instruction to participate in such activities. Effectively it forces VHSL to deem home school students eligible to participate in interscholastic activities. 

HB134 (Cole) was conformed to SB532 (Stuart) and reported on a unanimous vote. The bill requires training for certain staff in the administration of insulin and glucagon and the certification of the Superintendent that the requirements of Board’s Manuel for Training Public School Employees in the Administration of Insulin and Glucagon have been met. Additionally the bill requires that a student with diabetes, with written parental and prescriber consent, be allowed to carry and use supplies and equipment for immediate treatment of their diabetes. 

HB198 (Landes) was unanimously reported from the committee. The amended bill clarifies that in cases of weapons and drug offenses, the school board may, but is not required to expel the student.

HB307 (Lingamfelter) unanimously reported. The bill allows local school boards to provide after-school hunter safety education program for students in grades seven through twelve. Students would be required to pay for the cost of participation in the programs and local school board would be required to provide information about the programs to parents and students. Each program must be taught by a certified hunter safety instructor. The Department of Game and Inland Fisheries would establish a uniform curriculum.

HB388 (Davis) was carried over to the 2015 session. Additionally, the patron requested that the Committee Chair send a letter to the Superintendent of Public Instruction to study this issue. The bill required each local school board to reimburse each public charter school in the school division in an amount equal to the difference between (i) the proportionate share of all state and federal resources allocated for students with disabilities and school personnel assigned to special education programs in the public charter school and (ii) the actual cost to the public charter school to educate such students, as determined by the local school board.

HB449 (R. Bell) prohibits school board members or employees or the Department of Education from transmitting personally identifiable information from a student’s record to the federal government except as required by federal law or regulation. This bill unanimously reported from the full committee.

HB484 (Kory) unanimously reported from the committee. The bill requires local school boards to develop and implement policies to prohibit the use of electronic cigarettes on a school bus, on school property, or at a school-sponsored activity. Additionally, local school board must include the prohibition against electronic cigarettes in the student code of conduct. 

HB526 (Pogge) would allow local school boards to include the participation in the Junior Reserve Officers’ Training Corps program as an option to satisfy all health and physical education requirements for high school students. At the request of the patron the bill was stricken from the docket. 

HB720 (McClellan) requires local school boards to set aside a non-restroom location that is shielded from public view to be designed as an area for any mother, who is employed by the local school board or enrolled as a student, to take breaks during the school day to express milk to feed her child until the child reaches the age of one. The bill reported unanimously from the committee.  

HB725 (McClellan) increases the membership of the Advisory at a Board on Teacher Education and Licensure from 19 to 21 and requires that four of the members serve as faculty members in a teacher preparation program at a public of private college or university. The bill reported unanimously from the committee. 

HB752 (Rust) was conformed to SB441 (Garrett) which clarifies that the law does not require that students be expelled in cases of weapons and drug offenses. The bill, as conformed, was reported unanimously by the committee. 

HB1054 (Loupassi) was reported 14-1 with the amendment from the subcommittee. The bill requires the Board of Education to consider all computer science course credits earned by students to be science course credits, mathematics course credits, or career and technical education credits in establishing course and credit requirements for a high school diploma. Additionally, it requires the Board of Education to develop guidelines addressing how computer science courses can satisfy graduation requirements. 

HB1096 (Filler-Corn) requires the Board of Education to amend its guidelines for school division policies and procedures on concussions in student-athletes to include “Return to Learn Protocol.” The bill was unanimously reported from the committee.

 

HB1242 (O’Quinn) requires that the tie-breaker of any elected school board be elected in the same manner as the other members of the school board. The bill was unanimously reported and referred to the Privileges and Elections committee.

Tomorrow morning the Senate Public Education subcommittee will hold its final meeting of the session. Check back tomorrow for updates on the subcommittee’s action.


Mid-week report

The subcommittee and committee dockets have been fairly light this week. Lots of legislation has either passed or been defeated and much of the focus has been on the recently released budget proposals.

On Monday, SB291 (Carrico) was unanimously reported and referred to the Appropriations Committee. This legislation imposes certain evaluation requirements, including evaluation by a Teacher of the Visually Impaired, for students with visual impairment.

Tuesday morning the House Education Reform subcommittee met to discuss SB172, SB276, SB324, SB499 and SB539.

SB172 (Stuart) was conformed to HB410 (Anderson) and unanimously reported. The legislation requires each non-interscholastic youth sports program utilizing public school property to either establish policies and procedures based on either the local school division's policies and procedures or the Board of Education's guidelines regarding the identification and handling of suspected concussions in student-athletes or follow the policies and procedures regarding the identification and handling of suspected concussions required of local school divisions in existing law.

SB276 (Favola) allows the local school board to require that current students of an existing public school that is to be converted and their siblings be given enrollment priority over the open enrollment lottery. This legislation was reported.

SB324 (Miller) relating to A-F school grading was conformed to HB1229 (Landes) to delay the implementation of school grading by one year. The bill was reported 5-2.

SB499 (Hanger) was tabled by the subcommittee on a 5-2 vote. This legislation allowed for the delay of transfer to the Opportunity Educational Institution by one year.

Finally, SB539 (Howell) was unanimously tabled by the subcommittee. The legislation required the Secretary of Education to report on the Commonwealth’s activities relating to Science, Technology, Engineering, Mathematics and Career Readiness.

Tuesday afternoon the Senate Committee on Local Government met and discussed a few bills of interest to VSBA.

HB594 (BaCote) and HB1080 (Garrett) were rolled together and conformed to SB163. This legislation extends the Commission on Local Government Mandates Review to July 1, 2018. Additionally, it expands the membership to seven members and adds two non-government appointees with a background in business.

HB1011 (Byron) also reported from the committee. It extends the Commission on Local Government Mandates Review to July 1, 2018.

This morning the full House Education committee briefly met to act on items from Tuesday’s subcommittee.

SB172 (Stuart) was reported unanimously with the substitute.

SB324 (Miller) was reported unanimously with the substitute.

SB276 (Favola) was reported 21-1 with the substitute.

Immediately following the full committee the Elementary and Secondary Education subcommittee met for its final meeting.

Due to concerns from stakeholders SB588 (Black) was stricken from the docket by the patron.

SB107 (Stanley) was reported and referred to the Appropriations committee. This bill establishes a STEM grant program. The donations must be used by the qualified schools to support STEM programs. Qualified schools are public elementary and secondary schools where at least 40 percent of the students qualify for free or reduced lunch. Grants are capped at $50,000 per organization per year.

SB168 (Stanley) was reported and referred to the Appropriations committee. This bill provides a grant of $5,000 to new and experienced teachers who relocate to either a school where at least 40 percent of the students qualify for free or reduced lunch or to a school in a locality with a population of 50,000 or less.

SB672 (Favola) allows the Board of the Virginia School for the Deaf and Blind (VSDB) to create criteria and procedures for all out-of-state students to attend VSDB. There will be a tuition charged to these out-of-state students.  This bill was reported unanimously from the subcommittee.

SB155 (Miller) was tabled by the subcommittee. This legislation required at least 20 minutes of physical activity per day or an average of 100 minutes per week for students in grades kindergarten through five. 

SB562 (Locke) reported unanimously from the subcommittee. This bill allows the school board that partners with a college partnership laboratory school to charge tuition to students enrolled in the college partnership laboratory school who do not reside within the partnering division.

SB153 (Stuart) was reported 8-1 from the subcommittee. This bill only impacts Planning District 16 that includes Stafford, Fredericksburg, Caroline, King George and Spotsylvania. It expands eligibility for services through the Comprehensive Services for At-Risk Youth and Families program to students who transfer from an approved private school special education program to a public school special education program for the purpose of providing special education and related services when the public school special educational program is able to provide services comparable to those of an approved private school special educational program.            

Monday, February 17, 2014

Preliminary Budget Update

On Sunday the House and Senate released their Budget Proposals including amendments to House Bill 29/Senate Bill 29, the current biennial budget and House Bill 30/Senate Bill 30, the budget for the 2014-2016 biennium. The House budget proposal adds about $7.3 million in General Funds, Literary Fund revenue, and Lottery Proceeds for a total of $530.9 million, over the $523.6 million two-year increase proposed in the introduced budget for Direct Aid to Public Education. The Senate budget proposal adds $59.4 million in General Funds, Literary Fund revenue, and Lottery Proceeds to a total of $583 million.

Both the House and Senate proposals restore “cost of competing” (COCA) funding of $5 million for support positions. The Senate includes $28.7 million in FY ’15 to partially restore inflation updates to recognize non-personal costs such as utilities, student transportation, and health insurance premiums.

For the Opportunity Education Institution, the Senate removes all funding while the House decreases funding to current levels of $150,000 per year and one position.

Both of the budget proposals include language that directs the Secretary of Education to review and report on the formula used to determine governor’s school payments. Additionally, the House directs the Joint Legislative Audit and Review Commission (JLARC) to include virtual instruction as a component in its Review for Efficiency and Effectiveness of Public Education Spending in Virginia and directs the Secretary of Education to review and assess the value of using the Programme for International Student Assessment (PISA) state-wide.

Further, the Senate proposal includes:

  • $6.0 million for targeted year-round schools, primarily focused on lower performing schools
  • $8.6 million to maintain PreK spots for at-risk four-year-olds
  • $150,000 for the creation of a statewide IEP database

At first look both proposals seem to increase spending over the Governor’s introduced budget but many of the details still need to be seen. As information is released over the next couple of days, we will look at specific language and funding amounts to get a better understanding of how each item impacts school divisions and the overall state budget. Please check back for new updates in the coming days.

Friday, February 14, 2014

Friday’s Senate Public Education subcommittee

This morning the Senate Public Education subcommittee met for its first meeting after Crossover. The docket included a wide variety of House Bills.

HB197 (Landes) directs the Board of Education to develop guidelines for supplementary written materials used to teach the Declaration of Independence, the Constitution of the United State, the Bill of Rights, the Virginia Statue of Religious Freedom, the Virginia Declaration of Rights and the charters of the Virginia Company of April 10, 1606, May 23, 1609 and March 12, 1612. It further requires that all teachers ensure that supplementary written materials contain accurate restatements of the principles contained in the documents. This bill passed the House last week 70-28 and reported from the subcommittee on a 3-1 vote.

HB307 (Lingamfelter) allows local school boards to provide after-school hunter safety education program for students in grades seven through twelve. Students would be required to pay for the cost of participation in the programs and local school board would be required to provide information about the programs to parents and students. Each program must be taught by a certified hunter safety instructor. The Department of Game and Inland Fisheries would establish a uniform curriculum. The bill reported unanimously from subcommittee.

HB449 (R. Bell) prohibits school board members or employees or the Department of Education from transmitting personally identifiable information from a student’s record to the federal government except as required by federal law or regulation. VSBA has worked with Delegate Bell to amend his original bill. The amended version of HB449 reported unanimously from subcommittee.

HB484 (Kory) reported from subcommittee on a 3-1 vote. The bill would require local school boards to develop and implement policies to prohibit the use of electronic cigarettes on a school bus, on school property, or at a school-sponsored activity. Additionally, local school board must include the prohibition against electronic cigarettes in the student code of conduct.

HB526 (Pogge) would allow local school boards to include the participation in the Junior Reserve Officers’ Training Corps program as an option to satisfy all health and physical education requirements for high school students. At the request of the patron the bill was stricken from the docket.

HB720 (McClellan) requires local school boards to set aside a non-restroom location that is shielded from public view to be designed as an area for any mother, who is employed by the local school board or enrolled as a student, to take breaks during the school day to express milk to feed her child until the child reaches the age of one. The bill reported unanimously from subcommittee.

HB725 (McClellan) increases the membership of the Advisory at a Board on Teacher Education and Licensure from 19 to 21 and requires that four of the members serve as faculty members in a teacher preparation program at a public of private college or university. The bill reported unanimously from subcommittee.

HB751 (Rust) would have changed “shall” to “may” in the Code section dealing with the discipline of students for possessing drugs. Current law requires students to be expelled for these offenses, but does allow either a lesser punishment or no punishment if the facts of the particular case warrant it. Due to concerns from stakeholders, the bill was taken by for the week.

HB752 (Rust) was conformed to SB441 (Garrett) which clarifies that the law does not require that students be expelled in cases of weapons and drug offenses. The bill, as conformed, was recommended for reporting unanimously by the subcommittee.

HB1054 (Loupassi) was reported unanimously with an amendment. The bill requires the Board of Education to consider all computer science course credits earned by students to be science course credits, mathematics course credits, or career and technical education credits in establishing course and credit requirements for a high school diploma. Additionally, it requires the Board of Education to develop guidelines addressing how computer science courses can satisfy graduation requirements.

HB1096 (Filler-Corn) was reported unanimously from subcommittee. The bill requires the Board of Education to amend its guidelines for school division policies and procedures on concussions in student-athletes to include “Return to Learn Protocol.”

HB1242
(O’Quinn) requires that the tie-breaker of any elected school board be elected in the same manner as the other members of the school board. The bill was reported and referred to the Privileges and Elections committee.

Thursday, February 13, 2014

A snowy Senate Education and Health Committee

The Senate Education and Health Committee met at a snowy Capitol this morning. It was a relatively short docket for the first meeting post crossover.

HB754 (Rust) was conformed to the substitute for Senator Black’s SB588 that unanimously passed the Senate last week. The substitute for HB754 allows school boards to review and modify a student’s suspension or expulsion.

HB758 (Rust) reported unanimously from the committee as it did from the House last week. This bill requires every teacher seeking initial licensure with an endorsement in the area of career and technical education to have an industry certification credential in the area in which the teacher seeks endorsement.

HB1007 (Byron) reported unanimously from the committee. The bill replaces references throughout the Code to a General Education Development (GED) program or test with "a high school equivalency examination approved by the Board of Education.” The GED is owned by a private company and there is concern that if the company goes out of business, there would be no alternative. It has also been previously explained that this bill would allow the use of other tests made by other testing companies, which could result in a possible cost savings.

HB1187 (McClellan) requires the Virginia Center for School Safety to use the definition of bullying found in § 22.1-276.01 of the Code of Virginia for purposes of training on evidence-based anti-bullying tactics and in the effective identification of students who may be at risk for violent behavior and in need of special services or assistance. That definition says that bullying means “any aggressive and unwanted behavior that is intended to harm, intimidate, or humiliate the victim; involves a real or perceived power imbalance between the aggressor or aggressors and victim; and is repeated over time or causes severe emotional trauma."Bullying" includes cyber bullying. "Bullying" does not include ordinary teasing, horseplay, argument, or peer conflict.” HB1187 reported unanimously from the committee.

Wednesday, February 12, 2014

Post Crossover – House Education Committee

The full House Education met this morning with a fairly light docket. The committee considered Senate Bills that had a similar House companion and received a presentation from Dr. Bill Bosher of the Commonwealth Educational Policy Institute. Dr. Bosher’s presentation reviewed the results of CEPI’s Commonwealth Education Poll. They conduct this poll each year to gauge public support for a variety of education issues, from state funding for public education to whether Virginia’s institutions of higher education are doing a good job preparing graduates for jobs. To review the results of the poll please visit the CEPI website.

SB43 (Favola) – This bill extends from five business days to ten business days the deadline for a teacher to request a hearing after receiving written notice of a recommendation of dismissal. This bill extends the total time to process a teacher dismissal grievance by about a week, but does not otherwise alter the new grievance process that was created by legislation that VSBA supported last session. It reported unanimously from committee.

SB90 (Alexander) – This bill changes the length of term for members of the City of Norfolk school board from two years to three years. It reported unanimously from committee.

SB390 (Howell) – This bill changes the name of the Virginia Center for School Safety to the Virginia Center for School and Campus Safety. It reported unanimously from the committee.

SB441 (Garrett) – The bill clarifies that in cases of weapons and drug offenses, the school board may, but is not required to expel the student. It reported unanimously from the committee.

Tuesday, February 11, 2014

Crossover Report

This session VSBA has been working with nearly 200 bills that are directly or indirectly related to K-12 education. We have had a number of significant successes in defeating or amending unfavorable legislation and in passing favorable legislation. Below is a summary of some of the VSBA’s most significant successes thus far this session. As you will read below, however, there is much work still to do.

Defeated Legislation

Lots of legislation was defeated through the committee processes, often due to high fiscal impact. We’ve outlined just a handful of the hot topic bills that were defeated.

HB66 (Ramadan) – This legislation would have required that each school board place at least one school resource officer in every elementary and secondary school. The cost of this legislation would have been paid by the Lottery Fund with a fiscal impact of $243 million in FY15 and a recurring cost of $130 million per year. Due to the major fiscal impact, the legislation was tabled in the House Appropriations Elementary and Secondary Education subcommittee.

HB173 (Farrell) – House Bill 173 would have prohibited a law enforcement officer or other persons to search a cell phone, tablet, laptop or computer without a search warrant. This legislation was problematic for VSBA especially given the impact it would have on school-issued tablets, laptops and desktop computers. The Courts of Justice Criminal subcommittee tabled the bill.

HB207 (D. Bell) – There was much debate and discussion about House Bill 207 in the Education and Courts of Justice subcommittees. This bill would have required the Board of Education, local school boards and school board employees to create an environment that encourages students to explore scientific controversies in the classroom and assist teachers to find effective ways to present scientific controversies in science class. Due to constitutional concerns, the bill was reported and referred by the House Education committee to the Courts of Justice committee. The bill was left in the Courts of Justice committee.

HB228 (Cole) – The amended version of this legislation would have required that a local school division provide instruction in Braille or the use of Braille to visually impaired students unless the IEP or 504 team, after an evaluation, deemed it not appropriate to meet the student’s educational needs. Additionally it would have required that the evaluation be conducted by a certified Teacher of the Visually Impaired (TVI). Due to the potential fiscal impact, the House Appropriations Elementary and Secondary Education subcommittee tabled the bill.

HB513 (Morris) – This legislation would have allowed the local governing body to remove any appointed board, commission or committee member at any time for any reason. This bill was extremely problematic for our appointed school boards. Through the work of our appointed school board members and VSBA, the bill failed to report from the Counties, Cities and Towns subcommittee #1.

SB240 (Carrico) – Senate Bill 240 would have made it a misdemeanor for a principal, assistant principal or supervisor to refuse to release a student to the custodial parent. VSBA and many other groups opposed this legislation. The bill was carried over to 2015.

SB509 (Barker) – This bill would have required all school boards to offer full day kindergarten instruction of at least 5.5 hours. The bill failed in the Senate Education and Health committee on a close 7-8 vote.

HB113 (Bob Marshall) – House Bill 113 would have completely repealed last year’s Opportunity Educational Institution legislation. VSBA as well as many education stakeholder groups supported this legislation. Ultimately the bill was tabled in the House Education Reform subcommittee.

HB463 (Yost/Kilgore) – House Bill 463 was strongly supported by VSBA, VASS, VEA as well as VML and VaCo. The bill would have allowed local school boards to join the state employee health plan. After three years, the local school board would be required to make an irrevocable election whether to participate in the state employee health plan. All costs of participation would be borne by the local school board and employee of the school division. Even with strong support from all stakeholder groups, the bill failed to report from the House Appropriations Compensation and Retirement subcommittee due to the indeterminate fiscal impact.

Amended Legislation

Often problematic legislation has so much support or momentum that we cannot defeat it. This happens often with hot issues, such as student health, bullying and school safety. Below are some of the bills on which we worked for significant amendments because we did not believe they could be defeated.

HB515 (Minchew) – This legislation was significantly amended in committee and now requires principals to attempt to notify the parents of any student who violates a school board policy or compulsory school attendance requirement if the violation could result in a student’s suspension, long-term suspension or expulsion. VSBA has concerns with the language of the amended legislation because it could be construed to place a significant burden on principals to notify parents of minor infractions even when the teacher or principal has decided not to suspend the student. VSBA will continue to work to amend the legislation to avoid these unintended consequences. House Bill 515 unanimously passed the House 99-0.

HB134 (Cole) – The original House Bill 134 permits parents of public school student with diabetes to designate in a diabetes care plan a delegated care aide to provide diabetes care for the student, including the administration of insulin and glucagon, when a school nurse or physician is not present in the school or at a school-sponsored activity. The bill also required the delegated care aide to receive training in diabetes care and every school employee to receive basic training in responses to emergency situations and changes from one to two the minimum number of employees in a school that must be trained with regard to a student with diabetes who attends the school. With significant work and input from VSBA, we were able to amend the bill. The amended bill requires that a student with diabetes, with written parental and prescriber consent, be allowed to carry and use supplies and equipment for immediate treatment of their diabetes. House Bill 134 passed the House 87-12.

SB532
(Stuart) is very similar to Del. Cole’s HB134. SB532 requires training for certain staff in the administration of insulin and glucagon and the certification of the Superintendent that the requirements of Board’s Manuel for Training Public School Employees in the Administration of Insulin and Glucagon have been met. Additionally the bill requires that a student with diabetes, with written parental and prescriber consent, be allowed to carry and use supplies and equipment for immediate treatment of their diabetes. VSBA has worked with the patron to offer amendments to the bill. While some have been accepted, we still have concerns with the legislation. We will continue to work with the patron and hope to have the bill amended to conform with HB134).

HB198 (Landes) – House Bill 198 which was amended at VSBA's request, clarifies that in cases of weapons and drug offenses, the school board may, but is not required to expel the student. The bill was reported from House Education and unanimously passed the House.

SB441 (Garrett) – The amended version of Senate Bill 441, which is identical to House Bill 198, clarifies that in cases of weapons and drug offenses, the school board may, but is not required to expel the student. This bill unanimously passed the Senate.

HB449 (R. Bell) – VSBA worked with Delegate Rob Bell to amend House Bill 449. The amended version of the bill prohibits school board members or employees or the Department of Education from transmitting personally identifiable information from a student’s record to the federal government except as required by federal law or regulation. The amended House Bill 449 unanimously passed the House.

Passed Legislation

While we have spent a lot of time amending or opposing legislation, there are many bills that VSBA actively supported during the first half of session. Here are a few of the bills that passed the house of origin and are headed to the other house.

HB754 (Rust) allows the school board or a committee thereof to change a disciplinary decision made by a Superintendent or designee or hearing officer in certain circumstances. It is VSBA's position that school boards can already take such actions. The patron of the bill and the House Education committee indicated that they thought this bill would clarify existing law. House Bill 754 passed the House on a 96-2 vote.

HB751(Rust) clarifies that local school board have discretion in disciplining students for certain drug offenses. Current law requires school boards to expel students for these offenses but does allow school boards to impose another sanction if warranted by special circumstances. Under this legislation, a school board may still expel a student for drug offenses, but is not required to do so. HB752 (Rust) removes the possession of a pneumatic weapon on school grounds from the list of weapons offenses that carry a mandatory sanction of expulsion (unless, again, special circumstances exist). This bill still allows school boards to prohibit the possession of pneumatic weapons and to expel students for violating such a policy, but expulsion would no longer be required in these cases. VSBA supports both HB751 and HB752 because these bills give local school boards flexibility to decide appropriate disciplinary sanctions and to avoid the confusion of the "mandatory" expulsion that was not actually mandatory. HB751 and HB752 have passed the House and are on their way to the Senate.

HB720 (McClellan) requires local school boards to set aside a non-restroom location that is shielded from public view to be designed as an area for any mother, who is employed by the local school board or enrolled as a student, to take breaks during the school day to express milk to feed her child until the child reaches the age of one. This bill passed the House 87-9.

HB333 (Greason) is just one of the Labor Day bills before the General Assembly. This bill would repeal the so-called “King’s Dominion law” and allow local school boards to set their own calendars and determine the opening date of the school year. House Bill 333 passed the House 75-24. House Bill 610 (Robinson) is a different take on the Labor Day bill. It will allow a local school board to set their school calendar and opening date. However, the division must close schools from the Thursday before through Labor Day or Friday before through the Tuesday after Labor Day. House Bill 610 passed the House 75-24.

HB930 (Greason) reduces SOL assessments in grade 3 through 8 from 22 to 17 assessments. It requires local school boards to certify instruction and the completion of local assessments in the other Standards of Learning subject areas. Further, the bill creates the Standards of Learning Innovation Committee. The committee, led by the Secretary of Education, will include a variety of stakeholders that are tasked to make recommendations on the Standards of Learning assessments, authentic individual student growth measures and alignment between the Standards of Learning and assessments and the School Performance Report Card. The bill also allows the Board of Education to make future further reductions in the number of SOL assessments in grades 3 through 11. House Bill 930 unanimously passed the House 99-0.

HB1115 (Greason) expands Virtual Virginia by authorizing DOE to contract with local school boards that have developed virtual courses to make those virtual courses available to other school boards through Virtual Virginia. VSBA has been working with Delegate Greason on this legislation and strongly supports the substitute language. House Bill 1115 unanimously passed the House 99-0.

HB1054 (Loupassi) requires the Board of Education to consider all computer science course credits earned by students to be science course credits, mathematics course credits, or career and technical education credits in establishing course and credit requirements for a high school diploma. This bill passed the House 65-33.

HB977 (Rust) and SB43 (Favola) extend from five business days to ten business days the deadline for a teacher to request a hearing after receiving written notice of a recommendation of dismissal. These bills extend the total time to process a teacher dismissal grievance by about a week, but do not otherwise alter new the grievance process that was created by legislation that VSBA supported last session. HB977 has passed both the House and Senate. SB43 unanimously passed the House and is on the way to the Senate.

HB1229 (Landes) delays the implementation of the A-F school grading system to October 1, 2015. Delegate Jackson Miller offered a floor amendment last week to extend the delay to October 1, 2017 as outlined in SB324. On Monday he withdrew the amendment due to the risk of the patron striking the bill. House Bill 1229 passed 97-2.

Similar to HB1229, SB324 (Miller) delays the implementation of the A-F school grading system to October 1, 2017 and further outlines certain factors that need to be included in the grading system. The bill has passed the Senate 23-17.

SB305 (Deeds) requires the Board of Education to promulgate regulations to increase the number of students and grade levels that are eligible for expedited retakes of the Standards of Learning assessments. Additionally, the regulations must permit students in grade three through five who score between 390 and 399 to receive focused remediation and retake the assessment. Senate Bill 305 passed the Senate unanimously.

SB562 (Locke) allows school boards that partner with a college partnership laboratory school to charge tuition to students enrolled in the lab school who do not reside within the partnering division. This bill unanimously passed the Senate.

HB324 (D. Bell) establishes the Board of the Virtual Virginia School and requires that the School be open to any student in the Commonwealth. The bill would result in federal, state, and local funds, up to $6,500 per pupil, being transferred from local school boards to the Virtual Virginia School. There are also other significant problems with this legislation and VSBA strongly opposes it. House Bill 324 passed the House 64-34.

SB236 (Carrico) is a very problematic bill that passed the Senate before control of that chamber shifted from Republican to Democrat. This bill requires that each school division adopt a policy that creates a limited public forum at any school event at which a student is permitted to speak and provides that the limited public forum does not discriminate or regulate against a student’s voluntary expression of religious viewpoint. Additionally, students may organize prayer groups or religious groups before, during or after school and shall have the same access to school facilities as other student-organized groups. If this bill passes, we believe that a constitutional challenge against a school board implementing the legislation is extremely likely. VSBA offered an amendment to the legislation that would authorize the Attorney General to advise and defend school boards implementing the legislation. This proposed amendment was rejected by the patron. The bill, without the amendment proposed by VSBA, passed the Senate 20-18. Fortunately, similar legislation that was introduced in the House, HB493 (Lingamfelter) was killed in the House Courts of Justice committee. VSBA will continue to oppose SB236 and it will hopefully suffer the same fate as HB493.

HB388 (Davis) requires each local school board to reimburse each public charter school in the school division in an amount equal to the difference between (i) the proportionate share of all state and federal resources allocated for students with disabilities and school personnel assigned to special education programs in the public charter school and (ii) the actual cost to the public charter school to educate such students, as determined by the local school board. House Bill 388 passed 61-37. VSBA has concerns with this bill because it takes away a school board’s ability to negotiate these terms with a charter school operator. VSBA will continue to seek amendments to this legislation or, alternatively, to defeat it in the Senate.

HB786 (Wilt) prohibits the dismissal or probation of an employee on the grounds that they possessed an unloaded firearm in a closed container in their vehicle or in a locked trunk, a knife with a metal blade in their vehicle or an unloaded shotgun in a firearms rack. The possession of a firearm on school property in these limited circumstances is not prohibited by law but, currently, a school board may choose to prohibit it. This bill would effectively prevent school boards from exercising their authority to prohibit firearms on school property in these circumstances. VSBA opposes this bill because it limits school boards authority on what should be a local decision. HB786 passed the House 67-32.

HB63 (R. Bell) prohibits a public school from joining an organization governing interscholastic activities that does not allow student receiving home school instruction to participate in such activities. Effectively it forces VHSL to deem home school students eligible to participate in interscholastic activities. As expected, House Bill 63 passed the House 60-39. VSBA will continue to oppose the bill and we are hopeful that it will be defeated in the Senate Education and Health committee as it has in prior years.