Wednesday, January 31, 2018

Update from the General Assembly 1/31/18

Good evening, Readers! We have a great update for you with information touching on the Secretary of Education, House Education bills, and House Appropriations Amendments.

This morning, the House Education Committee met at 8 a.m. VSBA staff attended. The meeting began with a visit from the new Secretary of Education, Atif Qarni. As you are aware, the 19th secretary is a public school teacher in Prince William County. According the Secretary, he believes his two key traits for the position are passion, which comes from teaching 8th grade civics, and leadership, which he learned serving as a Marine. He recognized the challenges in education such as ensuring career pathways exist, as well as access to affordable higher education, and equity. It is the Secretary's intent to travel to all regions of the Commonwealth to hear specific concerns from parents and school divisions.

In response to questions from members of the Committee, the Secretary stated that Governor Northam's K-12 priorities include solving the teacher shortage, creating career pathways, and making college affordable. The Secretary wants to highlight the good work that teachers are doing across the Commonwealth and promote best practices for recruiting and retaining teachers.   

On discipline issues, the Secretary expressed a desire to keep kids in schools whenever possible. However, he recognized the budgetary limits of some divisions and the need for more community engagement and mentorship programs. 

Regarding home schooling, the Secretary stated it is his belief that it is a family’s choice to make and that the Commonwealth needs to continue to invest in public education because not every family has the opportunity to home school. 

Addressing the achievement gap, Secretary Qarni shared his humble beginnings in Baltimore and the need to address this issue in Virginia. He stated that inequity is real across the Commonwealth and within school divisions. In trying to close the achievement gap, some best practices the Secretary promoted were cultural sensitivity and awareness of early trauma care. He also stressed the importance of increasing college and teacher diversity.

In regards to Workforce Readiness, the Secretary expressed support for promoting post-secondary school pathway choice, that includes college, the military, or business. He expressed a desire to work with local school divisions to give them the options needed to create flexible programs the need to have a statewide conversation showing the value of career pathways.

After the Secretary spoke, the Committee addressed the following bills of interest to VSBA.

HB 80 (Krizek) - This bill would require the Board of Education, in its regulations providing for teacher licensure by reciprocity, to permit third-party verification of any documents required to be submitted by the applicant as part of the application packet. The committee reported this bill unanimously (19-0).

HB 84 (Bell) - This bill would require any local school board that does not offer any elective course in American Sign Language to (i) grant academic credit for successful completion of an American Sign Language course offered by a comprehensive community college or a virtual education provider on the same basis as the successful completion of a foreign language course and (ii) count completion of any such American Sign Language course toward the fulfillment of any foreign language requirement for graduation.  VSBA offered an amendment in subcommittee that the the term "virtual education provider" be changed to "multidivision online provider approved by the Board of Education," to clarify that the online course must be one that is approved. The committee reported the bill unanimously (19-0).

HB 121 (Rasoul) - This bill would require the Department of Education to establish an interagency taskforce composed of state and local agencies and entities in the areas of early childhood development, health, social services, community engagement, family engagement, higher education, and workforce development for the purpose of developing a program for the establishment of community schools whereby public elementary and secondary schools serve as centers for the provision of such community programs and services to students and their families as may be necessary on the basis of the unique needs of the student population to be served. The committee reported and referred the bill to the Appropriations Committee (15-5).

HB 176 (R. Bell) - This bill would require the Department of Education to develop and implement a pilot program in two local school divisions in the Commonwealth to partner with the appropriate school board employees in each such local school division to (i) identify the resources, services, and supports required by each student who resides in each such local school division and who is educated in a private school setting pursuant to his Individualized Education Program; (ii) study the feasibility of transitioning each such student from his private school setting to an appropriate public school setting in the local school division and providing the identified resources, services, and supports in such public school setting; and (iii) recommend a process for redirecting federal, state, and local funds, including funds provided pursuant to the Children's Services Act, provided for the education of each such student to the local school division for the purpose of providing the identified resources, services, and supports in the appropriate public school setting. The committee reported and referred the bill to House Appropriations unanimously (20-0).

HB 215 (Knight) - This bill would declare eligible for a one-year provisional license through the Virginia Career Switcher Alternative Route to Licensure Program any individual who has (i) completed the application process, (ii) received a baccalaureate degree from a regionally accredited institution of higher education, (iii) completed the requirements for an endorsement in a teaching area or the equivalent through verifiable experience or academic study, (iv) received qualifying scores on the professional teacher's assessments prescribed by the Board of Education, and (v) completed at least 30 credit hours of teaching experience as an adjunct professor at an institution of higher education. VSBA spoke in support of the bill and suggested clarifying language in subcommittee. In Committee, a substitute was offered which took into account the suggestions made by VSBA and other changes, including requiring that such teachers be required to complete training on CPR and child abuse and neglect reporting.  The committee reported the substitute unanimously (19-0).

HB 688 (McQuinn) - This bill would require local school boards to provide alternative education programs for suspended students. VSBA staff spoke passionately in opposition to this bill in subcommittee given the scope of the unfunded mandate it would create. We also sent an action alert to our membership on this bill. The Speaker’s office requested that the bill be referred to appropriations. The committee reported and referred to Committee on Appropriations. (11-9).

HB 1156 (Wilt) -  Requires the Board of Education, in its regulations governing licensure, to provide for licensure of teachers with an endorsement in dual language instruction pre-kindergarten through grade six. VSBA spoke in support of the bill in subcommittee. The committee reported the bill (18-1).

HB 1508 (L.R. Adams) - This bill declares it to be the policy of the Commonwealth that school boards that are unable to fund the total amount required by the locality's composite index of local ability to pay to reach the prevailing funded salary for (i) qualified instructional positions funded under the Standards of Quality, as set out in Direct Aid to Public Education in the general appropriation act, and (ii) support services positions shall receive, to the extent practicable, state funds for qualified instructional positions and support services positions in addition to those state funds that the school board receives for public school purposes. The committee reported and referred the bill to House Appropriations (11-8).

HB 1600 (Bourne) - This bill would reduce the maximum length of a long-term suspension from 364 calendar days to 45 school days. VSBA staff worked with the patron and other members of the subcommittee to amend the language to allow for suspensions longer than 45 days for repeat offenses and for aggravating circumstances defined by local school boards in a written policy. The committee reported the bill with the substitute language (18-2).

HB 199 (Sullivan) - This bill would require the Superintendent of Public Instruction to establish and appoint members to the Digital Citizenship, Internet Safety, and Media Literacy Advisory Council (Council), including at least one teacher, librarian, representative of a parent-teacher organization, school administrator, and individual with expertise in digital citizenship, Internet safety, and media literacy. This would have no local requirement and would provide additional resources on this subject to local divisions. The VSBA spoke in support of the bill in subcommittee. The committee reported and referred the bill to House Appropriations (20-1).

HB 231 (Hope) - This bill would clarify that in a county with the county manager plan of government (Arlington County), the county may have an elected school board notwithstanding the default method of school board appointment as set out in the Code. The committee reported the bill unanimously (20-0).

HB 443 (Carroll Foy) - This bill would require the Board of Education, in establishing high school graduation requirements, to provide for the substitution of computer coding course credit for any foreign language course credit required to graduate, except in cases in which such foreign language course credit is required to earn an advanced diploma offered by a nationally recognized provider of college-level courses. The committee reported the bill (12-7).

HB 1118 (VanValkenburg) - This bill would establish the SAT School Day Fund (the Fund) and requires the Board of Education to establish and maintain the SAT School Day Program (the Program) whereby the Board utilizes funds made available through the Fund to enter into a contract with the College Board to enable each public high school junior in the Commonwealth to participate in the SAT free of charge during a select school day. The committee reported and referred the bill to House Appropriations (15-1).

HB 1265 (Cline) - This bill would require each education preparation program offered by a public institution of higher education or private institution of higher education that leads to a degree, concentration, or certificate for reading specialists to include coursework or other training in the identification of and the appropriate interventions, accommodations, and teaching techniques for students with dyslexia or a related disorder. The committee reported the bill with a substitute (17-0).

Following the full committee meeting, House Education Subcommittee #2 met. Bills of relevance to VSBA discussed were:

HB 13 (Kory) - Instructional positions; students identified as having limited English proficiency. Requires state funding to be provided pursuant to the general appropriation act to support 20 full-time equivalent instructional positions for each 1,000 students identified as having limited English proficiency. Current law requires state funding to support 17 such positions for each 1,000 such students. VSBA supports this bill. The subcommittee recommend the bill be reported and referred to House Appropriations (6-1). 

HB 45 (Kory) - This bill would require any family life education curriculum offered in any elementary school, middle school, or high school to include instruction on the importance of the personal privacy and personal boundaries of other individuals and tools for a student to use to ensure that he respects the personal privacy and personal boundaries of other individuals. The subcommittee recommended the bill be reported (8-2).

HB 168 (Murphy) - This bill would establish a maximum class size of 24 students in science laboratory classes in grades six through 12. The subcommittee recommended the bill be reported and referred to House Appropriations unanimously (7-0).
HB 336 (Cole) - This bill would make several changes relating to the provisions for special education programs for students with blindness or visual impairment, including (i) requiring each local school board to provide instruction in Braille and the use of Braille for such students unless the student's Individualized Education Program (IEP) team determines, after a critical assessment of the student, that instruction in Braille or the use of Braille is not appropriate to the student's educational needs and (ii) requiring a critical assessment to be administered to each student with blindness or visual impairment triannually and after any significant change in the student's vision. The bill defines "critical assessment" as an assessment of a student with blindness or visual impairment conducted by a licensed Teacher of the Visually Impaired that includes (a) a functional vision assessment conducted in an educational setting; (b) an assessment of reading media that is designed for and intended to be administered to students, is administered in the student's native language and in accordance with any instructions, and contains appropriate objective components such as font size, sustained reading speed, and fluency; (c) an assessment of the student's reading comprehension and writing skills; and (d) consideration of the student's current and future needs, including consideration of the student's current and future technology support needs. VSBA is opposed to this bill. An amendment in the nature of a substitute was adopted, and the subcommittee recommended to report and refer to House Appropriations (6-1). 

HB 791 (Pogge) - This bill would exclude school nurse positions from requirements for student support positions and instead requires each local school board to employ at least one full-time equivalent school nurse position in each elementary school, middle school, and high school in the local school division or at least one full-time equivalent school nurse position per 550 students in grades kindergarten through 12.  The subcommittee recommended the bill be reported and referred to House Appropriations unanimously (7-0).

HB 810 (O'Quinn) - This bill would decrease from 24 to 12 the number of hours currently required in regulation for classroom training and from 24 to three the number of hours currently required in regulation for behind-the-wheel training for applicants previously trained and approved to operate a school bus who were not removed from a prior position operating a school bus for cause. Current law leaves the setting of such hourly requirements to the Department of Education. The bill contains technical amendments. An amendment in the nature of a substitute was adopted and the subcommittee recommended to report the bill unanimously (8-0). This bill will likely be combined with Del. Landes' HB914 in full committee.

HB 1085 (Yancey) - A substitute for this bill was adopted in subcommittee. The substitute would require school boards which have military installations within their divisions to adopt and implement policies allowing for students residing on base or in base housing to enroll in another school in the school division if space is available.  The policy may have other conditions on such enrollment. The subcommittee recommend to report the substitute (6-3).

HB 1380 (Robinson) - This bill would reduce from 35 to 29 the maximum class size in grades four through six. VSBA opposes this bill. The subcommittee recommended to report and refer the bill to House Appropriations unanimously (9-0).

HB 914 (Landes) - This bill would codifiy hourly requirements that (i) decrease from 24 to six the number of hours currently required in regulation for behind-the-wheel training for school bus operator applicants who do not possess a commercial driver's license; (ii) decrease from 24 to four the number of hours currently required in regulation for classroom training and from 24 to three the number of hours currently required in regulation for behind-the-wheel training for applicants currently possessing a commercial driver's license; and (iii) decrease from 24 to four the number of hours currently required in regulation for classroom training and from 24 to three the number of hours currently required in regulation for behind-the-wheel training for applicants previously trained and approved to operate a school bus who were not removed for cause from a prior position operating a school bus. Current law leaves the setting of such hourly requirements to the Department of Education. The bill contains technical amendments.The subcommittee adopted a substitute and recommended the bill be reported unanimously (7-0). This bill will likely be combined with Del. O'Quinn's HB810 in full committee.

VSBA staff then attended House Appropriations Elementary and Secondary Subcommittee to review budget amendments impacting education. The subcommittee did not vote on the amendments. Member amendments relevant to VSBA that were presented in subcommittee are listed below:

Delegate Aird, Item 128#2h - Establish Expertise at the DOE
"This amendment provides $300,000 each year from the general fund to the Department of Education to establish a group of expert staff to oversee and support the school divisions with the development and implementation of authentic and performance-based assessments as part of local alternative assessments required by § 22.1-253.13:3.c, Code of Virginia, and changes in the revised Standards of Accreditation as it related to social studies education across kindergarten through grade twelve. Funds will allow for an engaging process of feedback and support with a division or group of divisions."

Delegate Carr, 135#12h - Teacher Scholarship and Loan Program
(This amendment adds $1.3 million each year from the general fund to increase the Virginia Teacher Scholarship Program to expand the number of scholarships and loans that may be awarded. The requested additional funding will increase the number of scholarships available to students for the top five critical teaching shortage disciplines and for minorities in any content area. The primary purpose of the Virginia Teaching Scholarship Loan program is to provide financial support as an incentive to students who are pursuing a teaching career in one of Virginia's critical teaching areas. Since FY 2008, the appropriation has been $708,000 per year. Scholarship amounts are based on $10,000 per year for full time students and pro-rated for part-time students. In FY 2016, there were 76 scholarship recipients.)

Delegate Carr, Item 136#5h - Virginia Preschool Initiative - PPA $6,500
(This amendment provides $4.3 million each year from the general fund to the Virginia Preschool Initiative for the state's share of increasing the per pupil amount from the current $6,150 that is reflected in the introduced biennial budget, to $6,500.)

Delegate Carr, Item 136#8h - At-Risk Add-On Supplement
(This amendment adds $7.2 million the first year and $7.1 million the second year from the general fund to the At-Risk Add-on supplement by increasing the maximum add-on based on the following percent ranges: from 13.0 percent to 14.0 percent the first year and from 14.0 percent the second year to 15.0 percent.)

Delegate Helsel, Item 135#15h - New Academies of Hampton
(This amendment provides $500,763 the first year from the general fund to Hampton City school division for its Academics of Hampton. The one-time funding would pay for development of course curriculum that is focused on the workforce needs of employers within the Hampton Roads region, materials and equipment needed to implement an academy in each of the high schools.)

Delegate O'Quinn, 136#10h - Expand At-Risk Add-on Supplement
(This amendment adds $35.7 million the first year and $28.5 million the second year from the general fund to the At-Risk Add-on supplement by increasing the maximum add-on based on the following percent ranges: from 13.0 percent the first year and from 14.0 percent the second year to 18.0 percent in both years. This amendment also broadens how these funds may be spent in support of at-risk students.)

Delegate Ware, Item 135#20h Vision Screening Grants
(This amendment provides $391,000 each year from the general fund to offset a portion of costs realized by school divisions that provide vision screening tests to eligible students as prescribed in Chapter 312, Acts of Assembly of the 2017 Session.)
Delegate Bourne, Item 135#16h - Positive Behavioral Interventions & Support (PBIS)
(This amendment adds $2.4 million each year from the general fund to expand the Positive Behavioral Interventions & Support initiative.)

Delegate Bourne, Item 135#13h - Teacher Residency Program
(This amendment adds $1.5 million each year from the general fund to the Teacher Residency Program.)

Delegate Bourne, Item 136#7h - Local Composite Index Hold Harmless Grants
(This amendment provides $31.4 million the first year and $20.0 million the second year from the general fund to school divisions to pay for a local composite index hold harmless grant to school divisions such that they would receive a 100% hold harmless grant amount to offset any deduction related to the change in their fiscal year 2018-2020 local composite index as compared to the fiscal year 2016-2018 local composite index in the first year and a 50% hold harmless grant amount to offset any deduction related to the change in the fiscal year 2018-2020 local composite index as compared to the fiscal year 2016-2018 local composite index in the second year. The 'No Loss' allocation of $11.5 million in the first year that was included in the introduced budget is eliminated and the related funds are redirected to offset a portion of the first year cost of this amendment.)

Delegate Robinson, Item 136#23h – HB1380 Class Size Limits
(This amendment provides $6.1 million the first year and $6.2 million the second year from the general fund for the fiscal impact of House Bill 1380, which establishes a maximum class size of 29 students in grades four through six. The funding included in this amendment is contingent on the passage of House Bill 1380.)

Delegate Sickles, Item 128#1h - Information Technology Industry Certifications
(This amendment provides $200,000 each year from the general fund for costs related to students and teachers pursuing information and technology industry certifications.)

Delegate Sickles, Item 136#2h – Increase Support COCA to 24.61%
(This amendment provides $23.9 million the first year and $24.5 million the second year from the general fund to increase the percentage rate for the SOQ funded support positions from 10.61 percent as reflected in new biennial budget fiscal year 2018-2020, to 24.61 percent.)

Delegate Sickles, Item 135#3hWolf Trap Model STEM Program
(This amendment adds $125,000 each year from the general fund to the Wolf Trap Model STEM Program initiative.)

Delegate James, Item 130#4h - District Choice Assessment Program
(This amendment provides $500,000 each year from the general fund to the Department of Education to establish a two-year pilot for the District Choice Assessment Program. The pilot would enable school divisions to offer their eleventh grade students an opportunity to be assess for college or career readiness. The new funding may help increase the number of low-income students that take ACT, SAT and WorkKeys tests.)

(This amendment provides $400,000 the first year from the general fund for the eMediaVA initiative. eMediaVA has emerged as a pivotal mechanism that enables competency-based personalized learning. Expanding funding would help ensure that eMediaVA is available to all students in Virginia and remain free to the school divisions to access.)

Delegate James, Item 135#14h - New Norfolk Technical Center
(This amendment adds $500,000 each year from the general fund to the Norfolk Technical Center to expand career and technical education programs at the center for the high demand, high skill occupations within the Hampton Roads region.)

Delegate Kory, Item 136#11h - English As a Second Language
(This amendment provides $11.0 million the first year and $11.7 million the second year from the general fund to increase the number of funded English-as-a-Second Language (ESL) teachers from 17 to 20 per 1,000 ESL students. These ESL teachers are in addition to the teachers funded through the Basic Aid formula. This amendment request is pursuant to the passage of House Bill 13.)

Delegate Murphy, Item 136#12h - HB168 Class Size Limits
(This amendment provides $6.0 million each year from the general fund for the fiscal impact of House Bill 168, which establishes a maximum class size of 24 students in science laboratory classes in grades six through 12. The funding included in this amendment is contingent on the passage of House Bill 168.)

Delegate VanValkenburg, Item 130#1hNew SAT School Day Fund
(This amendment provides $5.7 million each year from the general fund for the Department of Education to deposit into the 'SAT School Day Fund' as pursuant to and with the passage of House Bill 1118.)

Delegate VanValkenburg, Item 133#1hTeacher School Climate Survey
(This amendment provides $150,000 each year from the general fund and directs the Department of Education to develop a school climate survey and make available to all teachers. The survey would evaluate school-level teaching conditions and the impact such conditions have on teacher retention and student achievement. In addition, the survey would include questions regarding school leadership, teacher leadership, teacher autonomy, demands on teachers' time, student conduct management, professional development, instructional practices and support, new teacher support, community engagement and support, and facilities and other resources. Survey participation would be voluntary and anonymous.)

Delegate VanValkenburg, Item 136#13h - Expand Use of At-Risk Add-on Program Allocation (language only)
(This language amendment expands the possible options for school divisions to spend the funding they receive from the At-Risk Add-on supplement to include hiring additional school counselors to reduce the divisions current counselor to student ratio. The new language also requires school divisions to report how the At-Risk Add-on funds are spent each year and requires the Department of Education to report the information to the Chairmen of House Appropriations and Senate Finance Committees.)

Delegate Reid, Item 136#15h - HB350 Full-day Kindergarten Program
(This amendment provides $3.3 million the first year from the general fund to Loudoun County public school division to pay for half of the proposed construction costs of three additional kindergarten classrooms at two elementary schools as pursuant to and contingent on the passage of House Bill 350.)

Delegate Rasoul, Item 134#1hHB121 Community Schools
(This amendment provides $135,000 each year from the general fund and one full-time position for the fiscal impact of House Bill 118 which requires the Department of Education (DOE) to establish an inter-agency taskforce for the purpose of developing a program for the establishment of community schools whereby public elementary and secondary schools serve as centers for the provision of such community programs and services to students and their families as may be necessary on the basis of the unique needs of the student population to be served. The taskforce will include staff from state and local agencies and entities in the areas of early childhood development, health, social services, community engagement, family engagement, higher education, and workforce development. The proposed bill requires such program to include a process by which school boards and community partnerships may apply to DOE to designate an elementary or secondary school in the local school division as a community school. The bill also establishes a special nonreverting fund in the state treasury for the purpose of providing planning grants for school boards and community partnerships that seek to apply to DOE through such program for community school designation.)

Delegate Carroll Foy, Item 31#1hHJ126 JLARC Study Cost of Education
(This amendment provides $50,000 from the general fund in the first year pursuant to the passage of House Joint 126 of the 2018 session which directs JLARC to study the true cost of education for the Commonwealth and make funding recommendations based on their study.)

Delegate Tran, Item 128#6h - HB1111 Establish STEAM Education Fund
(This amendment provides $127,200 and one full-time position the second year from the general fund for the fiscal impact of House Bill 1111, which requires the Department of Education to establish a new STEAM Education Fund for the purpose of awarding grants funded by general fund and/or through public-private partnerships in amounts not to exceed $50,000 annually to any public elementary or secondary school in the Commonwealth at which at least 25 percent of students qualify for free or reduced lunch that provides an academic class, curriculum, or activity focused on a science, technology, engineering, arts, or mathematics (STEAM) discipline. The funding and the position included in this amendment are contingent on the passage of House Bill 1111.)

(This amendment provides $300,000 the first year from the general fund to the Department of Education to reimburse PowerSchool for the services and support given to school divisions that had utilized PowerSchool assessment tools during the 2016-2017 school year.)
(This amendment provides $100,000 the second year from the general fund to Newport News City school division to implement a public-private partnership initiative that provides workforce training and experience through community service opportunities for participating middle and high school students during the summer as well as throughout the school year.)

Delegate Collins, Item 135#19hNew Winchester Career and Technology Education Foundation
(This amendment provides $1.0 million each year from the general fund to the Winchester School Division to support its Career and Technology Foundation's Center purchases for technology related equipment and staffing needs. The Center will provide three academies for students to attend and take classes in professional skills (Trades), health services, and science, technology, engineering, arts and math.)

Delegate Hurst, Item 135#1hWestern Virginia Public Education Consortium
(This amendment provides $40,000 each year from the general fund for the Western Virginia Public Education Consortium to support educational programming and student success.)

Delegate Guzman, Item 136#14hHB255 Public Preschool Fund and Grant Program
(This amendment provides $267.7 million the first year and $268.6 million the second year from the general fund for the fiscal impact of House Bill 255 which establishes the Public Preschool Fund and Grant Program for the purpose of funding and providing on a competitive basis grants to local school boards to establish and maintain public preschool programs for children and who will have reached their fourth birthday on or before September 30 in the current school year. The bill requires the Department of Education (DOE) to administer the Public Preschool Grant Program and establish (i) guidelines and procedures for grant applications, awards, and renewals; (ii) standards for preschool programs established and maintained by grant recipients, including standards for curriculum, student achievement, attendance, instruction, personnel, and length of school day and school year; and (iii) data collection and reporting requirements for grant recipients. The bill further requires the DOE to give priority to grant applicants who propose a plan for the innovative use of facilities in the local school division to house the proposed public preschool program, including community centers and recreation centers. The goal and objective of the proposed legislation is to enable school divisions and private providers to provide additional classroom space such that all four-year-old children may attend a preschool program, as pursuant to House Bill 255. The proposed funding for this amendment is contingent on the passage of House Bill 255.)

Delegate McQuinn, Item 135#2hWolf Trap Model STEM Program (language only)
(This language amendment adds Albemarle, Henrico and Suffolk as eligible school divisions to participate in the Wolf Trap Model STEM Program initiative.)

Delegate McQuinn, Item 135#4hTeacher Recruitment & Retention Grant Programs - STEM Teachers in Middle & High Schools
(This amendment adds $1.2 million each year from the general fund to the Teacher Recruitment & Retention Grant Programs - STEM Teachers in Middle & High Schools.)

Delegate McQuinn, Item 135#5hTeacher Residency Program
(This amendment adds $5.0 million each year from the general fund to the Teacher Residency Program and expands eligible partnerships to include any other teacher preparation programs and urban school divisions that are not currently participating in the program.)

Delegate McQuinn, Item 135#7hProject Discovery
(This amendment adds $200,000 each year from the general fund to Project Discovery Program and expands eligible school divisions to include Fredericksburg/Spotsylvania partnership. This amendment also eliminates the reporting requirements that were used to determine student success and achievement outcomes due to their involvement in the program.)

The full list of Member amendments to the House Budget Bill under the purview of this subcommittee can be found here.



Update from the General Assembly 1/30/18

Today, VSBA staff attended the morning meeting of the Senate Finance Committee. Of interest to our organization were two tax credit bills:

SB 579 (De Steph) - This bill would allocate 20 percent of any unissued credits in a fiscal year under the Education Improvement Scholarships tax credit program to the Superintendent of Public Instruction to be allocated to education programs under the Neighborhood Assistance Act (§ 58.1-439.18 et seq.) tax credit program during the next fiscal year. The 20 percent of unissued credits would be added to the current $9 million cap for education programs under the Neighborhood Assistance Act tax credit program. A fiscal contigency clause was added to the bill. VSBA is opposed to this bill. The committee reported the bill unanimously (15-0).

SB 869 (De Steph) - This bill would broaden eligibility criteria for students with a disability to include students with an Individualized Instructional Plan (IIP) attending a school for students with a disability licensed by the Department of Education and accredited by an agency approved by Virginia Council of Private Education. Under current law, only students who have obtained an Individualized Educational Plan (IEP) pursuant to the federal Individuals with Disabilities Education Act (IDEA) may meet the criteria for the Education Improvement Scholarships tax credits program. The remaining criteria for students with a disability (residence in Virginia and family household income not more than 400 percent of the poverty level) would continue to apply regardless of whether the student had an IIP or an IEP.
The bill  would also increase the scholarship amount available for an eligible student with a disability from 100 percent to 300 percent of the per-pupil amount distributed to the local school division as the state's share of the standards of quality costs. A fiscal contingency clause was added to the bill. VSBA spoke in opposition to this bill. The committee reported the bill (11-4).

In the afternoon, VSBA staff attended House General Laws Subcommittee #4. Bills of interest to VSBA discussed in committee included:

HB 1 (Wilt) - This bill would clarify that the definition of "scholastic records" in the Virginia Freedom of Information Act includes directory information, but also provides that such directory information may be released to the public only if the student who is the subject of such information, or the student's parent or legal guardian if the student is less than 18 years of age, has expressly consented, in writing, to the release of such information. The bill provides that directory information includes the student's name, address, telephone listing, date and place of birth, major field of study, participation in officially recognized activities and sports, weight and height as a member of athletic teams, dates of attendance, degrees and awards received, and most recent previous educational agency or institution attended. The bill contains technical amendments. VSBA staff worked with the patron to limit the impact of this bill to K-12 education. The subcommittee recommended the bill for reporting with an amendment in the motion of a substitute unanimously (8-0).

HB 147 (Hurst) - This bill would exclude student handheld mobile telephone numbers and student personal email addresses contained in student directories or other scholastic records from the mandatory disclosure provisions of the Virginia Freedom of Information Act. The subcommittee passed the bill by indefinitely (5-3).

HB 655 (Murphy) - This bill would provide that an officer or employee of local government who has a personal interest in a transaction but who is still eligible to participate in the transaction because he is a member of a business, profession, occupation, or group of three or more persons the members of which are affected by the transaction need only declare his interest in the transaction at the first meeting at which the transaction is discussed and at least one subsequent meeting thereafter. Current law requires that such interest be disclosed at each meeting of the governmental or advisory agency at which the transaction is discussed. VSBA Spoke in support of this bill. The subcommittee passed the bill by indefinitely (5-3).
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Tuesday, January 30, 2018

Update From the General Assembly 1/29/18

Welcome Dear Readers!


Today was an exciting day in the General Assembly, and a lengthy day of bills pertaining to Education. VSBA staff attended the full House Education Committee and Subcommittee # 1 and Subcommittee #3. Bills of note discussed included the so-called "Tebow Bill," bills related to the teacher shortage, and bills pertaining to school discipline. There was good news on the Tebow Bill and teacher licensure, however mixed results occurred for discipline bills. VSBA worked with one patron to amend the language of his bill to retain more flexibility for local boards for long-term suspensions. Another bill did pass subcommittee on a narrow vote. VSBA staff will continue to advocate on this and our other legislative positions. Details are included below.

House Education Subcommittee #3 met at 7 a.m. today and considered the following bills of interest to VSBA:

HB 199 (Sullivan) - This bill would require the Superintendent of Public Instruction to establish and appoint members to the Digital Citizenship, Internet Safety, and Media Literacy Advisory Council (Council), including at least one teacher, librarian, representative of a parent-teacher organization, school administrator, and individual with expertise in digital citizenship, Internet safety, and media literacy. This would have no local requirement and would provide additional resources on this subject to local divisions. The VSBA spoke in support of the bill. The subcommittee recommended the bill for reporting unanimously (8-0).

HB 443 (Carroll Foy) - This bill would require the Board of Education, in establishing high school graduation requirements, to provide for the substitution of computer coding course credit for any foreign language course credit required to graduate, except in cases in which such foreign language course credit is required to earn an advanced diploma offered by a nationally recognized provider of college-level courses.The subcommittee recommended the bill for reporting unanimously (8-0).


HB 1000 (Gilbert) - This bill would prohibit any school board from employing any individual who has been convicted of any felony or crime of moral turpitude, unless such individual (i) was previously employed in good standing by any school board, has been granted a simple pardon by the Governor, and, in the case of a felon, has had his civil rights restored by the Governor or (ii) is employed in good standing by the school board on July 1, 2018. VSBA staff worked with the Delegate to amend the language to make sure there were no unintended limitations to school boards in hiring decisions regarding individuals with misdemeanor convictions. The subcommittee recommended the bill for reporting as amended unanimously (7-0).


HB 1118 (VanValkenburg) - This bill would establish the SAT School Day Fund (the Fund) and requires the Board of Education to establish and maintain the SAT School Day Program (the Program) whereby the Board utilizes funds made available through the Fund to enter into a contract with the College Board to enable each public high school junior in the Commonwealth to participate in the SAT free of charge during a select school day. The subcommittee recommend the bill for reporting and referral to the House Appropriations Committee unanimously (7-0).


HB 231 (Hope) - This bill would clarify that in a county with the county manager plan of government (Arlington County), the county may have an elected school board notwithstanding the default method of school board appointment as set out in the Code. The subcommittee recommended the bill for reporting unanimously (7-0).

HB 1265 (Cline) - This bill would require each education preparation program offered by a public institution of higher education or private institution of higher education that leads to a degree, concentration, or certificate for reading specialists to include coursework or other training in the identification of and the appropriate interventions, accommodations, and teaching techniques for students with dyslexia or a related disorder. The subcommittee recommended the bill for reporting unanimously (7-0).

The full House Education Committee met and considered the following bills of interest to VSBA:

HB 81 (Krizek) - This bill, as introduced, would have eliminated the requirement that school boards appoint a new division superintendent (i) within 180 days after a vacancy occurs or (ii) within 60 days after an appointed division superintendent who has not yet assumed his office is granted a release from such appointment.  The bill was amended to allow the school board to receive an extension of time within which to appoint a division superintendent, upon request.  VSBA supports this bill. The committee reported the amended bill unanimously (17-0).

HB 329 (Yancey) - This bill would require the Board of Education, in establishing high school graduation requirements, to permit students to exceed a full course load in order to participate in courses offered by an institution of higher education that lead to a degree, certificate, or credential at such institution. VSBA supports this bill. The committee reported the bill unanimously (17-0).

HB 330 (Yancey) - This bill would permit any public elementary or secondary school student to possess and use topical sunscreen on a school bus, on school property, or at a school-sponsored event without a note or prescription from a licensed health care professional if the topical sunscreen is approved by the U.S. Food and Drug Administration for nonprescription use for the purpose of limiting damage to skin caused by exposure to ultraviolet light. The committee reported the bill unanimously (18-0).

HB 339 (Keam) - This bill would require each school board to implement a plan to notify students and their parents of the availability of internships, externships, apprenticeships, credentialing programs, certification programs, licensure programs, and other work-based learning experiences. The committee reported the bill unanimously (18-0).

HB 442 (Carroll Foy) - This bill would require the Department of Education to develop, maintain, and make available to each local school board a catalogue of the testing accommodations available to English language learners for each certification, examination, assessment, and battery that satisfies the career and technical education credential graduation requirement.  The bill has a delayed effective date of July 1, 2019. The committee reported the bill unanimously (18-0).

HB 507 (Mullin) - This bill would provide that (i) the instructional programs for students with limited English proficiency implemented by each local school board may include dual language programs whereby such students receive instruction in English and in a second language and (ii) the additional full-time equivalent instructional positions for students identified as having limited English proficiency that are funded pursuant to the general appropriation act may include dual language teachers who provide instruction in English and in a second language. VSBA supports this bill. The committee reported the bill (20-2).

HB 809 (O'Quinn) - This bill would permit local school boards to display advertising material on the sides of school buses between the rear wheels and the rear of the bus, provided that no such material (i) obstructs the name of the school division or the number of the school bus, (ii) is sexually explicit, or (iii) pertains to alcohol; food or beverages that do not meet the nutrition standards developed by the U.S. Department of Agriculture pursuant to the federal Healthy, Hunger-Free Kids Act of 2010 or any additional state or local nutrition standards for food or beverages sold to students in school; gambling; politics; or tobacco. The bill was reported by the committee (19-2).

HB 1504 (Cline) -This bill would require enrollment in the Virtual Virginia online learning program during the school year to be open, on a space-available basis and free of charge, to each public high school student in the Commonwealth and each high school student in the Commonwealth who receives home instruction. VSBA opposes the bill. The bill failed to report out of committee on a vote of 11 to 12.  

HB 496 (Bell) - This bill, also known as as the "Tebow Bill" would prohibit public schools from joining an organization governing interscholastic programs that does not deem eligible for participation a student who (i) receives home instruction (among other conditions). VSBA spoke in opposition to this bill. The measure to advance the bill failed on a (11-11) tie vote. 

House Education Committee Subcommittee #1 met and considered numerous bills relevant to VSBA interests, including ones that touched on the topics of school discipline and teacher shortages/licensure/reciprocity:

Bills pertaining to the Teacher Shortage:

HB 80 (Krizek) - This bill would require the Board of Education, in its regulations providing for teacher licensure by reciprocity, to permit third-party verification of any documents required to be submitted by the applicant as part of the application packet. The subcommittee recommended the bill for reporting unanimously (8-0).

The following bills were taken by for the day so that they could be incorporated into an omnibus bill (HB 1125):

HB 317 (Ward) - This bill would permit the Board of Education to extend, for up to two additional years, the three-year provisional license of any teacher who requires additional time to satisfy the requirements for a renewable license. VSBA supports this bill. This bill was taken by for the day to coordinate language with HB 1125.

HB 320 (Ward) - This bill would Eliminates the requirements that teachers seeking initial licensure or renewal of a license (i) demonstrate proficiency in the use of educational technology for instruction and (ii) receive professional development in instructional methods tailored to promote student academic progress and effective preparation for the Standards of Learning end-of-course and end-of-grade assessments. This bill was taken by for the day to coordinate language with HB 1125.

HB 334 (Ward) - This bill would allow an individual who seeks a provisional teacher license to satisfy certain licensure requirements, such as demonstrating proficiency in the use of educational technology for instruction and completing study in child abuse recognition and intervention, during the first year of provisional licensure. Current law requires that such licensure requirements be met prior to the granting of a provisional teacher license. This bill was taken by for the day to coordinate language with HB 1125.

HB 1125 (Landes) - This is the proposed omnibus bill discussed in subcommittee. This bill would make several changes to the teacher licensure process, including (i) allowing an individual who seeks a provisional teacher license to satisfy certain licensure requirements during the period of provisional licensure; (ii) permitting the Board of Education to extend, for up to two additional years, the three-year provisional license of any teacher who requires additional time to satisfy the requirements for a renewable license; (iii) permitting teachers with a valid out-of-state license, with full credentials and without deficiencies, to receive licensure by reciprocity without passing additional licensing assessments; (iv) eliminating the requirements that teachers seeking initial licensure or renewal of a license (a) demonstrate proficiency in the use of educational technology for instruction and (b) receive professional development in instructional methods tailored to promote student academic progress and effective preparation for the Standards of Learning end-of-course and end-of-grade assessments; (v) permitting any division superintendent to apply to the Department of Education for an annual waiver of the teacher licensure requirements for any individual whom the local school board hires or seeks to hire to teach in a specific content area who demonstrates exemplary content knowledge in such area; and (vi) specifying that for the purpose of Board of Education regulations for the approval of teacher education programs, the term "education preparation program" includes four-year bachelor's degree programs in teacher education. VSBA spoke in support of the bill. The bill was taken by for the day until next meeting to incorporate elements of Delegate Ward's bills. 

HB 1127 (Landes) -  This bill would make changes to three-year career and technical education teacher licenses by (i) removing the cap on licensee teaching hours and permitting licensees to teach up to full time, (ii) expanding eligibility for such licenses to any individual who has at least two years of experience as a teaching assistant in the school division in the specific career and technical education subject area in which the individual seeks to teach and meets all other applicable eligibility criteria, and (iii) increasing from one year to two years the period during which the employing school board is required to assign a mentor to supervise a licensee.The patron incorporated this bill into HB 1225.

HB 1156 (Wilt) Requires the Board of Education, in its regulations governing licensure, to provide for licensure of teachers with an endorsement in dual language instruction pre-kindergarten through grade six. VSBA spoke in support of the bill. the subcommittee recommended reporting the bill unanimously (8-0).

HB 1416 (Edmunds) - This bill would Extends the term of the waiver of the teacher licensure requirements that a division superintendent may apply to the Board of Education for any individual whom the local school board hires or seeks to hire to teach in a trade and industrial education program and removes the requirement that such individual has at least 4,000 hours of recent and relevant employment experience (among other provisions). VSBA spoke in support of the bill. The motion to recommend the bill for reporting failed due to the lack of a second on the motion.  

HB 215 (Knight) - This bill would declare eligible for a one-year provisional license through the Virginia Career Switcher Alternative Route to Licensure Program any individual who has (i) completed the application process, (ii) received a baccalaureate degree from a regionally accredited institution of higher education, (iii) completed the requirements for an endorsement in a teaching area or the equivalent through verifiable experience or academic study, (iv) received qualifying scores on the professional teacher's assessments prescribed by the Board of Education, and (v) completed at least 30 credit hours of teaching experience as an adjunct professor at an institution of higher education. VSBA spoke in support of the bill and suggested clarifying language. The subcommittee recommended the bill for reporting unanimously (8-0)

Bills pertaining to School Discipline:

HB 1600 (Bourne) - This bill would reduce the maximum length of a long-term suspension from 364 calendar days to 45 school days. VSBA staff worked with the patron and other members of the subcommittee to amend the language to allow for suspensions longer than 45 days for repeat offenses and for aggravating circumstances defined by local school boards in a written policy. The subcommittee recommended the amended bill for reporting (8-0).

HB 688 (McQuinn) - This bill would require local school boards to provide alternative education programs for suspended students. VSBA staff spoke passionately in opposition to this bill given the scope of the unfunded mandate it would create. A motion to pass the bill by indefinitely failed (3-4). The subcommittee recommended the bill for reporting (4-3). A member of the subcommittee was not present for either vote. 

Other Bills of Interest:

HB 121 (Rasoul) - This bill would require the Department of Education to establish an interagency taskforce composed of state and local agencies and entities in the areas of early childhood development, health, social services, community engagement, family engagement, higher education, and workforce development for the purpose of developing a program for the establishment of community schools whereby public elementary and secondary schools serve as centers for the provision of such community programs and services to students and their families as may be necessary on the basis of the unique needs of the student population to be served. The subcommittee recommended the bill to be reported (5-2).

HB 90 (J. Bell) - This bill would permit a school board to conduct a teacher grievance hearing before a three-member fact-finding panel consisting of one member selected by the teacher, one member selected by the division superintendent, and an impartial hearing officer, selected by the other two panel members, to serve as the chairman of the panel. Under current law, the school board has the option of appointing a hearing officer or conducting such hearing itself. The bill also removes the requirement that a teacher grievance hearing be set within 15 days of the request for such hearing and extends from five days to 10 days the minimum period of advanced written notice to the teacher of the time and place of such hearing. VSBA spoke in opposition to bill. The subcommittee defeated the bill (5-3).

HB 1508 (L.R. Adams) - This bill declares it to be the policy of the Commonwealth that school boards that are unable to fund the total amount required by the locality's composite index of local ability to pay to reach the prevailing funded salary for (i) qualified instructional positions funded under the Standards of Quality, as set out in Direct Aid to Public Education in the general appropriation act, and (ii) support services positions shall receive, to the extent practicable, state funds for qualified instructional positions and support services positions in addition to those state funds that the school board receives for public school purposes. VSBA staff actively engaged the bill patron to clarify language. The bill was recommended for report and referred to House Appropriations (5-3).

HB 176 (R. Bell) - This bill would require the Department of Education to develop and implement a pilot program in two local school divisions in the Commonwealth to partner with the appropriate school board employees in each such local school division to (i) identify the resources, services, and supports required by each student who resides in each such local school division and who is educated in a private school setting pursuant to his Individualized Education Program; (ii) study the feasibility of transitioning each such student from his private school setting to an appropriate public school setting in the local school division and providing the identified resources, services, and supports in such public school setting; and (iii) recommend a process for redirecting federal, state, and local funds, including funds provided pursuant to the Children's Services Act, provided for the education of each such student to the local school division for the purpose of providing the identified resources, services, and supports in the appropriate public school setting. The bill was recommended to be reported unanimously (8-0).

HB 84 (Bell) - This bill would require any local school board that does not offer any elective course in American Sign Language to (i) grant academic credit for successful completion of an American Sign Language course offered by a comprehensive community college or a virtual education provider on the same basis as the successful completion of a foreign language course and (ii) count completion of any such American Sign Language course toward the fulfillment of any foreign language requirement for graduation.  VSBA offered an amendment that the the term "virtual education provider" be changed to "multidivision online provider approved by the Board of Education," to clarify that the online course must be one that is approved. The bill was recommended for reporting by the subcommittee unanimously (8-0).

VSBA Staff also attended the meeting of Senate Committee on General Laws and Technology. One bill of interest to VSBA was considered:

SB 343 (Peake) - This bill would require that every public body afford an opportunity for public comment during any open meeting. The bill requires that the notice given by a public body prior to a meeting include information as to the approximate point during the meeting when public comment will be received. The bill permits public bodies to choose the approximate point during the meeting when public comment will be received and permits public bodies to adopt reasonable rules governing the public comment portion of the meeting, including imposing reasonable restrictions on time, place, and manner. VSBA voiced its opposition to this bill and the impact it could have on school board meetings. The Committee reported the bill unanimously (9-0).