The General Assembly Passes the State Budget

This afternoon the House and Senate passed House Bill 1400, the compromise version of the FY2015-2016 budget. The conference report includes $193 million for the teacher retirement fund, $52.8 million for the state share of a 1.5% salary increase for funded SOQ instructional and support positions, $200,000 for expedited retakes, $366,000 for professional development for principals and teachers that work with high-needs students, $1 million for the expansion of the Virginia Kingergarten Readiness Program, and $250,000 to support the expansion of Virtual Virginia. It also includes budget language that directs the Department of Human Resource Management (DHRM) to conduct a comprehensive review of public employee health programs in the state and provide a detailed report to the House Appropriations and Senate Finance Committees by October 31, 2015. As part of the review, DHRM will conduct an actuarial review of the impact on the state, local school divisions, and local governments on the impact of including local school division in the state employee health program.

This year’s budget process has gone much smoother than last year and the vote even came ahead of the normal adoption schedule. Moments ago, Governor McAuliffe released the following statement on the General Assembly’s passage of the state budget.

“Virginians should be proud of the manner in which their leaders worked together across branches of government and party lines to pass a balanced budget that invests in a key priorities for a new Virginia economy. I want to thank Chairmen Jones, Stosch and Colgan for their partnership throughout a budget process that has been marked by bipartisan leadership and cooperation.

“At the beginning of this session, I asked the General Assembly to pass a budget that closes our revenue shortfall while enhancing economic development, investing in expanded health care services, protecting education and giving state employees a raise. I am pleased that the budget passed by the House and the Senate honors all of those priorities and I look forward to reviewing in detail in the coming days.”

Now that the budget has passed, the House and Senate are busy finalizing all of the legislation that is currently in conference. It is expected that they will complete their business tomorrow and adjourn Sine Die. We are busy combing through the remaining bills and will provide you a post-session update in the coming days.

Thank you again for all of your support and advocacy efforts over the past two months.

Update on HB2238 - Parental Choice Education Savings Account

We have good news to share from the General Assembly. Late this afternoon the Senate took a final vote on HB2238, the legislation which created the Parental Choice Education Savings Account that would allow parents of students with disabilities, some of whom may never have been enrolled in public schools, to receive 90% of the state SOQ per pupil funding. The bill failed on the Senate floor on a vote of 18-18-1 with Lieutenant Governor Northam breaking the tie with a no vote.

Thank you to all of you who called, emailed, and visited your senators. Your advocacy efforts kept the heat on and helped us to defeat the bill.

Retirements at the General Assembly

As the General Assembly winds down their work, several legislators have announced that they will not seek re-election. Today, Delegates Tom Rust and Mamie BaCote and Senator Jeff McWaters announced that they will not seek re-election.

Previously announced retirements include Senators Colgan, Stosch, Watkins, and Puller and Delegate Ed Scott. With their exit, the General Assembly is losing over 150 years of legislating experience.

Since 2010, 57 new Delegates and 14 new Senators have been elected. If you go back to 2008, there are 63 new House members and 21 new Senate members. 

Check back later today for updates on the budget conference report and final actions on a number of bills on the House and Senate floor. 

Speaker's Office issues press release on budget agreement - Final vote expected on Thursday

FOR IMMEDIATE RELEASE February 23, 2015

Contact: Matthew Moran (804) 698-1228 House & Senate budget conferees announce conference report agreement, expect final vote on Thursday ~Includes a $129.5 million rainy-day fund pre-payment, eliminates $11.7 million in fees, funds comprehensive compensation package~ RICHMOND, VA – House and Senate budget negotiators reached an agreement on a budget conference report over the weekend and expect final votes to be held in both chambers as early as Thursday, General Assembly leaders announced today. The final budget conference report will be placed on members’ desks and posted online Tuesday morning, allowing for the 48-hour review period that House and Senate leaders established as a goal earlier this session. The conference report includes a $129.5 million pre-payment to the state’s rainy-day fund, eliminates $11.7 million in fees proposed by Governor Terry McAuliffe and provides $153.5 million in funding for a comprehensive compensation package for state employees, state police officers, state-supported local employees, teachers and college faculty. Speaking about the budget agreement, House Appropriations Committee Chairman S. Chris Jones (R-Suffolk) and Senate Finance Co-Chairman Walter A. Stosch (R-Henrico) said, “Since the end of last summer’s budget stalemate, we have sought to develop a new sense of collaboration and candor in the budget process. We worked together to adopt a supplemental budget last fall, taking unprecedented action to protect our state’s AAA bond rating during a period of deep uncertainty. We began our discussions very early in the process this year, meeting frequently with leaders in our chambers and seeking to reach agreement and consensus wherever possible. The results of these efforts could not be more positive. The budgets released by each chamber were as closely aligned as either of us can ever remember and our conferees have produced a conference report ahead of schedule. The conference report will be placed on legislators’ desks and posted online by Tuesday morning and we expect final votes to be taken as early as Thursday. It is our hope that this agreement can gain broad, bipartisan support in both chambers.” “I applaud Chairman Jones, Chairman Stosch, Leader Cox, Leader Norment and all of the House and Senate budget conferees for their diligent efforts to complete a conference report ahead of schedule,” said House Speaker William J. Howell (R-Stafford). “I especially want to thank Chairman Jones and Chairman Stosch for the leadership they have demonstrated throughout this process. They have produced a conservative, responsible spending blueprint that wisely includes a rainy-day fund pre-payment, eliminates unnecessary debt obligations and onerous fees proposed by the Governor and invests in our state police officers and teachers. The House will take up the conference report on Thursday, after the 48-hour review period I ordered earlier this session.” Senate Majority Leader and budget conferee Thomas K. Norment (R-James City) declared, “This budget agreement demonstrates that Virginia’s Republican majority is a governing majority. Since last summer, the House and Senate under Republican leadership have ended a six-month long budget stalemate, taken decisive action to eliminate a budget shortfall and now delivered the final amendments to the current spending plan ahead of schedule. We are working efficiently and effectively, and the results speak for themselves. This is a sound spending plan that includes no new taxes on hard-working families, invests in higher education and provides well-deserved pay raises to state employees, state police officers and our teachers.” The conference report includes a $153.5 million comprehensive compensation package, funding the state share of a 1.5% teacher pay raise, a 2% college faculty pay raise, and a 2% across-the-board pay raise and compensation adjustments for years of service and to address salary compression for state police and state employees. “Virginia is fortunate to have thousands of committed state employees whose day-to-day work is integral to the efficient and effective operation of government,” said Senator John Watkins (R-Chesterfield). “This conference report provides them with a well-deserved pay raise and includes funding to address compression for senior employees. It is my hope that this budget shows we are just as committed to them as they are to Virginia.” “Our state employees work tirelessly to serve their fellow citizens and too often go without the recognition or reward they deserve,” said Delegate John M. O’Bannon (R-Henrico). “Virginia is consistently recognized as one of the nation’s best managed states, no doubt due in large part to the effectiveness of our state employees. The comprehensive compensation package included in this conference report is an effort to recognize and reward them for their hard work.” The conference report agreement funds the state share of a 1.5% teacher pay raise and deposits $193 million to the teacher retirement fund. This is the second teacher pay raise funded by the General Assembly in the last three years. The conference report also includes $42 million in additional funding for higher education, including $19.8 million to incentivize enrollment and $10.1 million for higher education. “Supporting our teachers, strengthening our schools and making college more affordable have been central objectives of the General Assembly this year. These goals are clearly reflected in the conference report,” said House Majority Leader and budget conferee Kirk Cox (R-Colonial Heights). “The final budget makes significant investments in higher education, providing an additional $42 million for our colleges and universities, including $10.1 million in new financial aid funding. These efforts demonstrate our clear commitment to strengthening our education system at all levels.” “As we have worked to reform and strengthen our public school system over the last three years, our emphasis has been ensuring student success in the classroom,” said Delegate Tag Greason (R-Loudoun). “The General Assembly recognizes that the success of our students in the classroom starts with our teachers. The 1.5% teacher pay raise included in our budget, combined with additional funding for professional development and teacher training, is part of a concerted effort to give back to the professionals who give so much to our students.” The conference report also restores $30 million in funding to local governments cut by the supplemental budget, includes a 2% pay raise for state-supported local employees and deposits $193 million into the teacher retirement fund. “The House and Senate worked hard to mitigate the cuts to local governments during the budget shortfall,” said House Appropriations Committee Vice-Chairman Steve Landes (R-Augusta) and Senator Emmett Hanger (R-Augusta). “We are pleased to announce today that the conference report fully restores $30 million in funding to local governments, provides state-supported local employees with a pay raise and makes a significant investment in the teacher retirement fund, which is very important to local governments. This is a responsible budget that works for local governments.”   Budget Conference Report Highlights Spends ~$1 billion less in general funds than originally adopted two-year budget Does not raise taxes Pre-pays $129.5 million for 2017 rainy-day fund deposit, restoring balance to ~$429 million Eliminates $11.7 million in fees proposed by Governor McAuliffe Restaurant Inspection Fee VDACS Inspection Fee Weights & Measures Fee Underground storage cleanup deductible Saltwater License Fee Eliminates $33 million in debt proposed by Governor McAuliffe Provides $43 million in funding in order to accelerate funding at 90% of VRS certified rates for the state employee retirement plans. Pays cash for all college capital projects K-12 Education State funding for 1.5% teacher pay raise, including support staff Overall increase of $60 million for K-12 education compared to Governor McAuliffe’s budget proposal Deposits an additional $43 million into teacher retirement fund compared to Governor McAuliffe’s budget proposal, bringing the total deposit to $193 million Compensation Provides 2% across-the-board raise for state police and state employees, including compression for senior classified employees $4 million to rollback cuts to state police overtime 2% pay raise for state-supported local employees 1.5% teacher pay raise, including support staff 2% college faculty pay raise Total compensation package is $153.5 million Local Government Restores $30 million in funding cuts adopted by the supplemental budget to address shortfall 2% pay raise for state-supported local employees Deposits $193 million into teacher retirement fund, saving localities over $30 million in required teacher retirement costs Higher Education Includes an additional $42 million for higher education, restoring 94% of cuts adopted by the supplemental budget to address shortfall $19.8 million to incentivize enrollment $10.1 million for financial aid $5 million for research 2% faculty pay raise $1,000 per student incentive to encourage colleges and universities with low graduation rates to accept transfer students $132 million for capital construction projects at James Madison, Virginia Tech, Longwood, Radford, Virginia Commonwealth University and Danville Community College. Healthcare Safety Net ­­­­$132.9 million for healthcare safety net Funding to provide targeted services to ~22,000 seriously mentally-ill patients, including a prescription drug benefit Nearly doubles operational funding for free clinics – total of $6 million in funding Funds behavioral health community services including three new PACT teams and six new drop-off centers Increases funding for children’s psychiatry and crisis services Other Items $27 million in funding for the Governor’s Opportunity Fund; earmarks $4 million for Jefferson Lab Ion Collider efforts Authorizes bonds to construct two new Veterans Care Centers, one in Northern Virginia and one in Hampton Roads $9 million for housing & homelessness $8 million deposit into the Housing Trust Fund $1 million for rapid rehousing efforts, including $500,000 specifically for veterans # # #

VSBA ACTION ALERT - Contact your Senators on HB2238

This morning, House Bill 2238 was reported from the Senate Finance Committee with a reenactment clause. This legislation, sponsored by Delegate LaRock, would allow parents of students with disabilities, some of whom may never have been enrolled in public schools, to receive 90% of the state SOQ per pupil funding which would be placed in a Parental Choice Education Savings Account. Those state funds could then be used by the parent to send the student to private school, for homeschooling, or to pay for certain other services for the child. There is no requirement that this state money be used to provide special education services for these children.

In HB2238, the parent signs a waiver that releases the local school division of all obligations to educate the student. Under IDEA and Section 504, the school division cannot be released from its obligation to provide a free and appropriate education. Regardless of a parent signing a waiver, local school divisions are ultimately responsible for the education of a child under federal law. Courts have held that this responsibility cannot be waived.

• The bill also places a major administrative burden on local school divisions to collect, verify and audit receipts and invoices, submitted by the parent. School divisions are not provided and funds to perform these functions. Consequently, already limited funding will have to be used to perform these functions, which have nothing to do with the education of our students.
• HB2238 only requires that the child has been identified as having a disability and is receiving or is eligible to receive special education services and has attended a public school for half of the school year. At that point, the parents may remove the child and apply for the funds regardless whether the child was receiving an appropriate education from the local school division. Currently, § 22.1-214 outlines a process by which a parent can dispute a program placement. If the school division is found to not have provided an appropriate education under current law, the local school division may be required to send the child to a private school to fulfill the IEP. 
• While private school students, who are not receiving the Educational Improvement Scholarship Tax Credit cannot apply for the funds, homeschool students or students who claim religious exemption can apply by simply enrolling in a public school for half of the school year. 
• Removing a few students from a local school division does not necessarily reduce overall operating costs, including the need for teachers, buses or other infrastructure. It simply raises the per pupil costs. 

HB2238 will be on the floor for a final vote on Wednesday. We ask that you please contact your Senator and urge them to vote NO on HB2238. You can find the contact information for your Senator here.

Thank you for your attention to this urgent action alert. 

House Education Committee update

This morning the House Education Committee held one of its final meetings of the 2015 session. The members took action on the last batch of K-12 education bills which will now go to the House floor for a vote. Below is a summary of actions taken at today’s committee meeting.

SB727 (Black) requires the Board of Education, in consultation with the SOL Innovation Committee to redesign the School Performance Report Card by July 1, 2016 so that it is more effective in communicating to parents and the public the status and achievements of the public schools and local school divisions in the Commonwealth. The bill also repeals the A-F school grading system created in the 2013 Session and amended in the 2014 Session. VSBA worked extensively with Senator Black and Delegate Greason on the substitute bill language that fully repeals the A-F school grading system and works with the Board of Education on a redesign of the School Performance Report Card. SB727 was reported with the substitute on a 21-1 vote.

SB821 (Miller) repeals the Opportunity Educational Institution. The bill reported on a 21-1 vote.

SB982 (Garrett) allows local school divisions to waive the requirements for students to receive 140 clock hours of instruction to earn a standard unit of credit upon providing satisfactory proof to the Board of Education. The bill reported on a 19-3 vote.

SB1105 (Miller) establishes the School Health Advisory Board to advise the General Assembly on health policy that affects elementary and secondary schools and students. This bill was reported and referred to the Appropriations Committee on a 17-5 vote.

SB1286 (McDougle) was reported unanimously from the committee. The bill requires each local school division to publish the annual school budget in line item form on its website. Current law does not require the published budget to be in line item form.

SB1383 (Black) prohibits a division superintendent or local school board from disclosing to the Department of Education or any other person or entity outside of the local school division information provided by a student or parent for the purpose of notifying the superintendent that the student will be receiving home instruction or for claiming a religious exemption from school attendance. The bill was reported unanimously from the committee.

Check back tomorrow for updates from the Senate Education and Health Committee where they will take action on 30 education-related bills. 

Update on HB1626

Today, the Senate took a final vote on House Bill 1626, commonly known as the Tebow bill. The bill prohibits school divisions from joining an athletic/interscholastic organization that doesn’t allow homeschool students to participate in public school athletics or interscholastic activities. In addition to the vote, Senator Garrett offered an amendment, which was accepted, that explicitly gives localities the option to allow homeschoolers to participate in interscholastic activities. The amendment, which is added to the end of the bill states, “Nothing in this section shall require a local school board to establish a policy permitting participation in interscholastic programs at its schools by students who reside in the school division receiving home instruction.” With the amendment, HB1626 passed the Senate on a 21-14 vote. Two democrat senators, Alexander and Lewis, joined most the republicans to pass the bill. Five senators did not vote on the bill including Senators Watkins, Stosch, and Norment. Senators Puller and Lucas also did not vote on the bill as they are absent for health reasons. HB1626 will now go back to the House for its approval of the amendment then onto the governor for him to sign, amend, or veto.

Thank you to all of you who called, emailed, and visited your senators. Your advocacy efforts kept the heat on the legislators and made a difference in the language of the bill. We will keep you apprised of any additional updates.

Statewide Virtual School update

For many years VSBA has been opposing bills that would create a statewide virtual school with its own board. This morning, the Senate Finance Committee heard HB324 sponsored by Delegate Bell that again creates a statewide virtual school and board to oversee the school.  We are pleased to report that the Senate Finance Committee was still of the opinion that the bill needed work and was “not ready for prime time.” Consequently, the committee voted to report the bill with a re-enactment clause, which means that the bill will not become law unless and until it goes through the legislative process again next year, passes all of the committee and both Houses, and is signed into law by the governor. In other words, the end result from the Senate Finance Committee was the same as allowing Delegate Bell to file another bill next year. We’re also pleased to report that this version of the bill deletes all references to local funding and requirements placed on school boards. Overall, today’s outcome was not a bad result.

Stay tuned for more updates! 

Monday's Legislative Highlights

Several VSBA Regional Chairs and Vice-Chairs traveled to Richmond today to advocate on behalf of their regions and VSBA. The VSBA members attended the House Education committee meeting, the Senate Public Education subcommittee meeting, met with their legislators, and watched the floor session of the Senate. It was another successful day for #VSBAadvocacy at the General Assembly. Thank you to those members who traveled near and far to participate in the political process. Your direct advocacy had an impact on the decisions our legislators made today!

VSBA Regional Chairs and Vice-Chairs watch the floor session of the Virginia Senate from the gallery. 

In House Education they took up a handful of bills that were in the Elementary and Secondary subcommittee last week. Below are the actions the full committee took on those bills.

SB805 (Stanley) establishes a grant program administered by the Board of Education for donations made by STEM organizations to qualified schools. The donations must be used by qualified schools to support STEM programs. The bill defines qualified schools as those public elementary and secondary schools at which at least 40 percent of the students qualify for free or reduced lunch. Grants are capped at $50,000 per organization per year. The bill was reported and referred to the Appropriations Committee as the provisions of the bill are contingent on funding in a 2015 general appropriation act.

SB1021 (Puller) was unanimously reported. This bill allows the Board of Education to grant a waiver to a school division that is unable to meet the required 990 instructional hours in a school year because of severe weather conditions or other emergency situations.

SB1236 (Favola) was unanimously reported. This bill eliminates the term "special diploma" and specifies that students identified as disabled, who complete the requirements of their individualized education programs and meet certain requirements prescribed by the Board pursuant to regulations but do not meet the requirements for any named diploma, shall be awarded Applied Studies diplomas by local school boards.

 SB1293 (Martin) prohibits school boards and the DOE from requiring the disclosure of student's social security numbers of newly enrolled students. The bill also requires the Department to instead develop a system of unique student identification numbers and requires each local school board to assign such a number to each student enrolled in a public elementary or secondary school. The bill was reported unanimously from the full committee.

SB1339 (Smith) allows the clerk of each school board to keep volumes of meeting minutes and receipt and disbursement records, vouchers, contracts, and other official papers electronically. The bill was reported unanimously from the committee.

SB1354 (Reeves) was reported with a substitute. This bill requires DOE to establish a process for school boards to identify students who have a parent in the military. Non-identifiable, aggregate data collected will be made available to local, state, and federal entities for the purposes of eligibility for federal grant funding.

SB1386 (Vogel) requires every person seeking initial teacher licensure or renewal of a teaching license with an endorsement in elementary education to receive professional development training on the screening, intervention, accommodation, and use of technology for students with dyslexia. This bill was reported and referred to the Appropriations Committee.

On the Senate floor today the Home School Sports bill, HB1626 (R. Bell), was scheduled for a final vote. Instead of a vote the bill was taken by for the day. That means it could be brought up for a final vote at any time. We encourage you to continue to contact your Senators to express opposition to the bill. However, HB1490 (Habeeb) and HB2114 (D. Bell) both passed the Senate this afternoon. HB1490 directs the Board of Education to promulgate regulations to provide the same criteria for eligibility for an expedited retake of any Standards of Learning test, with the exception of the writing Standards of Learning tests, to each student regardless of grade level or course. HB2114 requires the regulations setting nutritional guidelines for competitive foods permit each public school to conduct no more than 30 school sponsored fundraisers per school year on school grounds during regular school hours, during which food that does not meet the nutrition guidelines for competitive foods may be sold to students.

Check back tomorrow for additional updates from a very snowy General Assembly. 

Senate Education and Health Committee update

This morning the Senate Education and Health Committee took up a number of bills that VSBA has been monitoring and working on this session. Many of these bills have companions that have already passed the Senate or have been heard in previous years. The committee heard two school calendar bills, HB1550 (Greason) and HB1838 (Robinson), which provide flexibility to the school board to set the school calendar that works best for their community. Unfortunately both of these bills received the same fate as their Senate companion bills and failed to report. Below is a report on the actions of the full committee.

HB1307 (Landes) was reported from the committee. The bill prohibits school boards and the DOE from requiring the disclosure of student's social security numbers of newly enrolled students. The bill also requires the Department to instead develop a system of unique student identification numbers and requires each local school board to assign such a number to each student enrolled in a public elementary or secondary school. 

HB1334 (Landes) requires the Department of Education to develop and make publicly available on its website policies to ensure state and local compliance with FERPA and state law applicable to students' personally identifiable information, including policies for access to students' personally identifiable information and the approval of requests for student data from public and private entities and individuals for the purpose of research. The bill also requires the Department and each local school division to notify the parent of any student whose personally identifiable information contained in electronic records could reasonably be assumed to have been disclosed in violation of FERPA or state law applicable to such information. The notification shall include the date, estimated date, or date range of the disclosure; type of information that was or is reasonably believed to have been disclosed; and remedial measures taken or planned in response to the disclosure. The bill was reported from the full committee.

HB1351 (Ramadan) was reported with a substitute. The bill directs the Board of Education to establish criteria for awarding a diploma seal for biliteracy to any student who demonstrates proficiency in a language other than English for Board of Education-approved diplomas.

HB1490 (Habeeb) directs the Board of Education to promulgate regulations to provide the same criteria for eligibility for an expedited retake of any Standards of Learning test, with the exception of the writing Standards of Learning tests, to each student regardless of grade level or course. HB1490 was reported unanimously by the committee.

HB1585 (Stolle) failed to report from the committee on a close 8-6 vote. The bill allows a division superintendent, with the approval of the local school board to

•  establish an alternative school schedule plan to provide for the operation of schools on a year-round basis or determine the opening day of the school year for any school within the local school division that has failed to achieve full accreditation status, and; 
•   establish such an alternative school schedule plan for the entire local school division if more than 15 percent of all public schools within the local school division have failed to achieve full accreditation status.

HB1626 (R. Bell) was reported from the full committee on an 8-6 vote. This legislation prohibits school divisions from joining an athletic/interscholastic organization that doesn’t allow home school students to participate in public schools athletics or interscholastic activities. It allows students to be charged reasonable fees for participation. The bill also states that eligibility of a student receiving home instruction shall be limited to participation the school serving the attendance zone in which the student lives and will be subject to policies governing participation that the local school board may establish.

HB1952 (Poindexter) allows local school boards to sell or transfer any of its school buses to another school division or purchase a used school bus from another school division or a school bus dealer as long as the school bus conforms to the specifications relating to construction and design effective in the Commonwealth on the date of manufacture, has a valid Virginia State Police inspection, and has not reached the end of its useful life according to the school bus replacement schedule utilized by the Department of Education as required by the general appropriation act. The bill was reported from the committee. 

HB2114 (D. Bell) was reported on a 10-4 vote. The bill requires the regulations setting nutritional guidelines for competitive foods permit each public school to conduct no more than 30 school sponsored fundraisers per school year on school grounds during regular school hours, during which food that does not meet the nutrition guidelines for competitive foods may be sold to students.

VSBA ACTION ALERT - Contact your Senators today!

This morning, House Bill 1626 (R. Bell) passed the Senate Education and Health committee on a close 8-6 vote. This legislation prohibits school divisions from joining an athletic/interscholastic organization that doesn’t allow home school students to participate in public school athletics or interscholastic activities. 

Participating in after school sports and activities, such as football, basketball, debate or forensics, is a privilege for students.

The VSBA opposes non-public school students’ participation in Virginia High School League competitions unless those students are held to the same standards as students enrolled in our public schools. Such standards include the student code of conduct, attendance requirements, and adhering to the Standards of Learning and related assessments.

Allowing non-public school students to participate in public interscholastic athletics/activities creates two different and unequal playing fields for participation – one for public school students, who are bound to the compulsory attendance requirements, and one for non-public school students, who have much greater flexibility in their schedules. 

HB1626 will be voted on the floor either Monday or Tuesday. We ask that you please contact your Senators, either by phone or email, and urge them to vote NO on HB1626. You can find the contact information for your Senator here: http://apps.senate.virginia.gov/Senator/index.php.

Thank you for your attention to this urgent action alert. 

Crossover Report - Passed Legislation

Today is the first day post-crossover, meaning that all bills have either passed their respective body or they failed. This session VSBA has been working with over 200 bills that are directly or indirectly related to K-12 education. We have had a number of significant successes in defeating unfavorable legislation and in passing favorable legislation. Below is the first report on legislation that has passed their respective house and will now be moving through the process in the other body. We’ll be providing additional updates on bills that have been defeated and bills of concern.

HB1303 (Farrell)- requires the Department of Education to make available to school divisions Standards of Learning assessments typically administered by the middle and high schools by December 1 of the school year in which such assessments are to be administered or when newly developed assessments are available, whichever is later.

HB1675 (Greason) – permits local school divisions to waive (1) the requirement for students to receive 140 clock hours of instruction to earn a standard credit or (2) the requirement for students to achieve a satisfactory score on a SOL assessment test or Board-approved substitute test to earn a verified credit upon providing the Board with satisfactory proof, based on Board guidelines, that the students for whom such requirements are waived have learned the content and skills included in the relevant Standards of Learning. The Board guidelines will provide that a satisfactory score on a locally developed alternative assessment or on an Advanced Placement or International Baccalaureate examination is proof that the student has learned the content. The provisions of clause (2) have a delayed effective date of July 1, 2016.

HB1338 (Farrell) – requires the Department of Education, for the purpose of including in the annual School Performance Report Card for school divisions the percentage of each school division's operating budget allocated to instructional costs, to allocate to instructional costs each school division's expenditures on the hardware necessary to support electronic textbooks. 

HB1309 (Cole) – allows local school boards the option to arm school security officers with batons, stun weapons, or any spray device designed to incapacitate a person and to allow school security officers to use such devices under the appropriate circumstances.

HB1490 (Habeeb)/ SB874 (Cosgrove) – directs the Board of Education to promulgate regulations to provide the same criteria for eligibility for an expedited retake of any Standards of Learning test, with the exception of the writing Standards of Learning tests, to each student regardless of grade level or course.

HB1674 (Greason) – reduces the frequency that a school's accreditation status is reviewed by the Board of Education.  The bill allows the Board of Education to review the accreditation status of schools every one, two, or three years, as determined by the Board of Education, and requires that a school that is not fully accredited be reviewed in the subsequent year.  

HB1612 (Greason) – requires certain online service providers who contract with school divisions to meet certain requirements related to data privacy and the use of student data.

HB1672 (Greason) – repeals the A-F school grading system and requires the Board of Education, in consultation with the SOL Innovation Committee, to redesign the School Performance Report Card so that it is more effective in communicating to parents and the public the status and achievements of the public schools and local school divisions. A similar bill, SB727 (Black) was passed in the Senate.

HB1615 (Greason) allows the required end-of-course or end-of-grade assessments for English, mathematics, science, and history and social science to be integrated to include multiple subject areas.  This bill would not, however, require the use of integrated assessments.  

HB1585 (Stolle) - allows a division superintendent, with the approval of the local school board, to (1) establish an alternative school schedule plan to provide for the operation of schools on a year-round basis or determine the opening day of the school year for any school within the local school division that has failed to achieve full accreditation status and (2) establish such an alternative school schedule plan for the entire local school division if more than 15 percent of all public schools within the local school division have failed to achieve full accreditation status.

HB1962 (Landes) adds several topics to the required annual training for school board members and further requires that school board members certify their attendance at such training.  

HB1307 (Landes)/ SB1293 (Martin) prohibits school boards and the DOE from requiring the disclosure of student's social security numbers of newly enrolled students. The bill also requires the Department to instead develop a system of unique student identification numbers and requires each local school board to assign such a number to each student enrolled in a public elementary or secondary school. 

HB1334 (Landes) –requires the Department of Education to develop and make publicly available on its website policies to ensure state and local compliance with the federal Family Educational Rights and Privacy Act (FERPA) and state law applicable to students' personally identifiable information, including policies for access to students' personally identifiable information and the approval of requests for student data from public and private entities and individuals for the purpose of research. The bill also requires the Department and each local school division to notify the parent of any student whose personally identifiable information contained in electronic records could reasonably be assumed to have been disclosed in violation of FERPA or state law applicable to such information, except as otherwise provided in certain other provisions of law. The notification shall include the date, estimated date, or date range of the disclosure; type of information that was or is reasonably believed to have been disclosed; and remedial measures taken or planned in response to the disclosure.

HB1873 (Krupicka)/ SB1320 (Locke) – directs the Board of Education to promulgate regulations establishing additional accreditation ratings that recognize the progress of schools that do not meet accreditation benchmarks but have significantly improved their pass rates, are within specified ranges of benchmarks, or have demonstrated significant growth for the majority of their students. These regulations must be implemented by the 2016-2017 school year.

HB1443 (D. Bell)/ SB782 (Favola) – requires the Board of Education to adopt regulations on the use of seclusion and restraint in public elementary and secondary schools in the Commonwealth. These regulations must: 

• Be consistent with the Guidelines for the Development of Policies and Procedures for Managing Student Behavior in Emergency Situations and the Fifteen Principles contained in the U.S. Department of Education’s Restraint and Seclusion Resource Document;
• Include definitions, criteria for use, restrictions for use, training requirements, notification requirements, reporting requirements, and follow-up requirements; and
• Address distinctions, including distinctions in emotional and physical development, between the general student population and the special education student population as well as elementary school students and secondary school students. 

HB1550 (Greason) – makes local school boards responsible for setting the school calendar and determining the opening date of the school year and eliminates the post-Labor Day opening requirement and "good cause" scenarios for which the Board of Education may grant waivers of this requirement.

HB1838 (Robinson) - makes local school boards responsible for setting the school calendar and determining the opening date of the school year and eliminates the post-Labor Day opening requirement and "good cause" scenarios for which the Board of Education may grant waivers of this requirement. Additionally, it requires local school boards that set the school calendar with a pre-Labor Day opening date, except those schools that were granted a "good cause" waiver for the 2014-2015 school year, to close all schools in the division from the Thursday immediately preceding Labor Day through Labor Day or from the Friday immediately preceding Labor Day through the Tuesday immediately following Labor Day.

SB1354 (Reeves) requires DOE to establish a process for school boards to identify students who have a parent in the military and to report data on such students for the purposes of enhancing funding and services for those students. 

SB866 (Chafin/Vogel) - allows local school boards and local governments to participate in the state employee health plan. However, this bill does require the authorization from both the local school board and local governing body to participate in the plan.

Budget Update

Today the House Appropriations and Senate Finance Committees released the details of their amendments to the biennial budget. We are pleased to see that the House and Senate have continued to protect public education from additional cuts or program reductions, similar to Governor McAuliffe’s December budget release. There are several differences between the two budgets, specifically with program funding, which will need to be worked out by the budget conferees in the coming weeks. Below is an overview of both the House and Senate budget amendments.

• Both the House and Senate included additional funds, over the $150 million proposed by the governor, to pay down the deferred contribution portion of the unfunded liability in the teacher retirement account. The House included $190million and the Senate included $187.2 million. This pay-down will lower the teacher retirement rate by 43 basis points, from 14.50% to 14.07%. As a result of these payments, both the state and local school divisions will see a positive impact on their budgets.
• The House included $55 million for instructional and support positions for the state’s share of a 1.5% salary increase for funded SOQ instructional and support positions. Although state funding is calculated based on 11 months of the year, the local required match is based on a 1.5% increase with an effective date of no later than January 1, 2016. Divisions must certify that a minimum 1.5% increase will be provided to employees by this date. The amendment also specifies that in meeting the salary increase to be eligible for this incentive funding, school divisions may not include any increase that were provided in FY ’16 to offset the cost of required member contributions to VRS. Further, this funding allocation is contingent on the state revenue forecast performance.  The Senate included $50.2 million for the state’s share of a 1.5% salary increase for funded SOQ and instructional support positions. This funding is calculated based on 10 months of the year. Local school divisions have the flexibility to determine the specific effective date no later than January 1, 2016.
• The House included $1 million to support the statewide expansion of the Virginia Kindergarten Readiness Program (VKRP). This assessment focuses on assessing kindergarteners in the fall to determine their social skills and self-regulation as well as math and literacy skills which are currently being assessed using the PALS test.
•  The Senate included $7.7 million for incentive funding for extended school year programs to improve student achievement.
•  The House included $366,000 to assist local school divisions for the professional development of teachers and principals on the subject of high-needs student issues and $300,000 to support the expansion of Virtual Virginia.
•  The House included $100,000 to the Department of Education for professional development and training of local school board members pursuant to the passage of HB1962.

Both the House and Senate included budget language on several items relating to public education including school breakfast, educational technology, and VPI. 

• The House included language that directs the Department of Education to work with local school divisions on educational technology capital equipment purchases to ensure maximum flexibility with VPSA funds. The Senate also included language related to VPSA technology grants that directs the Department of Education to assess the extent of local interest in using education technology grants for lease expenditures if allowable sources of funding were available for such expenditures. 
• The House provided language that gives flexibility to school divisions to utilize the First Lady’s breakfast amendment funding to pilot a “Breakfast After the Bell” program for elementary students or expand their current school breakfast programs to offer additional meals to all grade levels. The Senate included different language about the First Lady’s breakfast amendment. Their language limits the $537,297 in incentive funding for “Breakfast After the Bell” programs to only elementary schools where student eligibility for free and reduced lunch is greater than 45% for a pilot in 2015-2016 school year. Additionally, schools will be required to evaluate and submit a report on the impact of the pilot to the Department of Education. 
• The Senate included budget language creating the Joint Subcommittee on Virginia Preschool Initiative (VPI) Reform which will be comprised of members from the Education Subcommittees of the House Appropriations and Senate Finance Committees. The Joint Subcommittee will provide recommendations to increase accountability, flexibility, innovation, and facilitate partnerships between schools and Virginia’s private providers to ensure effective financing and policy solutions for VPI.

You can view the full remarks of the Senate Finance Education subcommittee chairman, Senator Tommy Norment, here and the remarks from Delegate Jimmie Massie, chairman of the House Appropriations Elementary and Secondary Education subcommittee, here. VSBA will continue to keep you updated as the budget process moves forward.  

Quick budget update

Yesterday, the House Appropriations and Senate Finance Committees released their amendments to the 2014-2016 biennial budget. We are still waiting to receive the amendment half-sheets to get more details but overall both bodies stuck fairly close to the governor’s recommendations for public education. Both the House and Senate included additional funds, over the $150 million proposed by the governor, to pay down the deferred contribution portion of the unfunded liability in the teacher retirement account. The House included $190million and the Senate included $187.2 million. This pay-down will lower the teacher retirement rate by 43 basis points, from 14.50% to 14.07%. As a result of these payments, both the state and local school divisions will see a positive impact on their budgets. 

Check back tomorrow for additional details on the House and Senate budgets. 

VSBA ACTION ALERT - CONTACT YOUR LEGISLATORS ON HB2238

On Friday afternoon, House Bill 2238 reported from the House Appropriations Committee. This legislation, sponsored by Delegate LaRock, would allow parents of certain students with disabilities to remove their children from the public schools and to receive 90% of the state SOQ per pupil funding which would be placed in a Parental Choice Education Savings Account. Those state funds could then be used by the parent to send the student to private school or to pay for certain other services for the child. While the supporters of the bill argue that the bill will not have any cost to local school divisions, the way this bill is drafted and the interplay between this bill and the federal Individuals with Disabilities Education Act could result in substantial liability to local school divisions.

HB2238 will be debated on the floor on tomorrow with a final vote on Tuesday. We ask that you please contact your Delegates and urge them to vote NO on HB2238. You can find the contact information for your Delegate here. 

Thank you for your attention to this urgent action alert. 

Final Senate Education and Health Committee update before Crossover

Several committees and subcommittees convened this today including the Senate Education and Health committee. Pat, Stacy and I split up to ensure coverage on all of the bills that VSBA is tracking. Below is a summary of actions from the Senate Education and Health committee.

SB998 (Stuart) required each local school division to establish a management plan for the implementation and compliance of its policies and procedures regarding the identification of suspected concussions in student-athletes. The bill was passed by indefinitely with the chairman of the committee sending a letter to the Commission on Youth to look at this issue.

SB1063 (Obenshain), relating to charter school personnel, was passed by indefinitely. This bill allowed public charter schools to designate in their application whether their employees would participate in VRS. Additionally, the bill required at least 75 percent of public charter elementary school teachers to be licensed and at least 50 percent of public charter middle and high school teachers to be licensed and specified that all teachers otherwise be "highly qualified," as defined by ESEA.

SB1286 (McDougle) was reported unanimously from the committee. The bill requires each local school division to publish the annual school budget in line item form on its website. Current law does not require the published budget to be in line item form.

SB1339 (Smith) allows the clerk of each school board to keep volumes of meeting minutes and receipt and disbursement records, vouchers, contracts, and other official papers electronically. The bill was reported unanimously from the committee.

SB1354 (Reeves) was reported unanimously with a substitute from the committee. The bill requires the Department of Education to establish a process and local school to identify newly enrolled student who have a parent in the uniformed services. This nonidentifiable, aggregate data will be made available to local, state, and federal entities for the purposes of enhancing funding and the quality of services provided to these uniformed services-connected students. This data will only be released as permitted under FERPA and will not be used for the purposes of student achievement, the Standards of Accreditation, student-growth indicators, the school performance report card, or any other school rating system.

SB1369 (Norment) creates the Virginia Science Technology Engineering and Applied Mathematics (STEAM) Academy as a private, nonprofit organization and a statewide, publicly accessible, special, residential high school and establishes the governing board of directors. Initially the bill required the school to receive the state and federal funds of the enrolled student along with the agreed-upon local share. Through the work of VSBA and several education stakeholder groups this language was removed from the bill. It now required the Virginia STEAM Academy with the Board of Education, Secretary of Education, and chairs of the eight regional superintendents study group to study various forms of funding available and submit a report back to the committee before November 1, 2015.  

SB1293 (Martin) removes the requirement to collect federal social security numbers from a public school or home school student (or their parent) and prohibits the Department of Education and local school boards from requiring a student (or their parent) to provide their federal social security number. The bill also requires the Department of Education to develop a system of unique student identification numbers and requires each local school board to assign such a number to each student enrolled in a public elementary or secondary school. The bill reported unanimously.

SB1386 (Vogel) was reported on an 11-3 vote and referred to the Senate Finance committee. This legislation requires every person seeking initial teacher licensure or renewal of a teaching license with an endorsement in elementary education to receive professional development training on the screening, intervention, accommodation, and use of technology for students with dyslexia. This evening the bill received unanimous support from the Senate Finance Committee.

We’ll be watching floor votes on these bills and many others for the next few days. Also, the House and Senate budgets will be released on Sunday afternoon. Check back later for the most up-to-date information from the General Assembly.  

An early start to the day

Today started very early with the House Education Reform subcommittee at 7:00a.m. With crossover next week each body is busy finalizing their actions on legislation. Immediately following the subcommittee, the full House Education committee met to take up a lot of bills that went through the subcommittee process earlier this week. Below is a summary of the actions the Education Reform subcommittee took this morning.

HB1303 (Farrell) reported with a substitute. The legislation requires the Department of Education to make the Standards of Learning assessments for middle and high schools available by December 1 of the school year in which the assessments will be administered or when newly developed assessments are available, whichever is later.

HB1713 (LeMunyon) failed to report from the subcommittee on a 2-5 vote. This bill required the Board of Education to establish and implement a policy, with certain conditions and limitations, that would allow any student assigned to a school accredited with warning for three consecutive years or denied accreditation to enroll in the same grade level at another school in the division that is fully accredited or accredited with warning for fewer than three consecutive years  as long as the students enrollment didn’t exceed the schools enrollment capacity.

HB1714 (LeMunyon) gives flexibility to the Board of Education relating to the science assessment for middle school students. It will allow the Board to permit the student to take the SOL assessment in science after the student receives instruction in the grade 6 science, life science, and physical science SOL and before the student completes grade 8. Current law permits the Board to require each student to the SOL assessment in grade 8.  The bill reported unanimously.

HB1752 (LaRock) reported from the subcommittee. This bill prohibits the Board of Education from adopting the Common Core State Standards without prior approval from the General Assembly.

HB1872 (Bulova) requires the Board of Education to develop a training program for principals and assistant principals that imparts the knowledge and leadership skills necessary to oversee the improvement of student performance in elementary, middle, or high schools that have been denied accreditation or accredited with warning for two consecutive years. Additionally, the bill allows the school board in which the principal and each assistant principal of an elementary or secondary school that has been denied accreditation or accredited with warning for two consecutive years have successfully completed the training program to request, and requires the Board to grant, release from (i) state regulations currently granted to any school in the school division or (ii) school division policies and state regulations currently granted to any public charter school in the school division. These releases will remain in effect for five years or until any such administrator no longer meets the criteria for training program completion or is not enrolled in the training program and may be renewed for additional five-year periods. 

HB2220 (Davis) was tabled in the subcommittee. Many education stakeholders worked with the patron on this legislation but a compromise couldn’t be reached. As originally drafted, the bill required per-pupil funding to be allocated to the charter school by the local school division on a noncategorical basis.

HB2271 (Futrell) requires the Board of Education, as part of its regular waiver process, to request a waiver under ESEA authorizing the use of an English language proficiency assessment such as the WIDA ACCESS for ELLs assessment as an alternative to the 11^th grade Standards of Learning End-of-Course English/Reading test for students with limited English proficiency.