Thursday, February 15, 2018

General Assembly Update 2/15/18

Welcome Readers and Happy Belated Valentine's Day!

Yesterday, VSBA staff attended the meeting of House Education Committee. Bills of interest to VSBA included:

SB 391 (Spruill)This bill would eliminate the cap on the annual salary that the school board of the City of Norfolk may pay its appointed members. Beginning July 1, 2018, all members of the school board of City of Norfolk will be elected members. Salaries of elected school board members are subject to the same limitations as members of local governing bodies. VSBA spoke in support of this bill. The Committee reported the bill unanimously (19-0).

SB 557 (Hanger) - This bill would would require any new school bus operator applicant who does not possess an commercial driver's license to receive (i) a minimum of 24 hours of classroom training and (ii) six hours of behind-the-wheel training on a school bus that contains no pupil passengers and requires certain school bus operator applicants who possess a commercial driver's license to receive (a) a minimum of four hours of classroom training and (b) three hours of behind-the-wheel training on a school bus that contains no pupil passengers. Current law leaves the setting of such hourly requirements to the Department of Education. VSBA spoke in support of this bill. The Committee reported the bill unanimously (19-0).

SB 960 (Suetterlein) - This bill would permit each local school board to (i) establish High School to Work Partnerships (Partnerships) between public high schools and local businesses to create opportunities for high school students to (a) participate in an apprenticeship, internship, or job shadow program in a variety of trades and skilled labor positions or (b) tour local businesses and meet with owners and employees or (ii) delegate the authority to establish Partnerships to the local school division's career and technical education administrator or his designee, in collaboration with the guidance counselor office of each public high school in the school division. The bill would require such local school boards to educate high school students about opportunities available through such Partnerships. The bill would also require the Board of Education, the Department of Labor and Industry, and the State Board for Community Colleges to identify Partnerships that may be eligible for exemptions from certain federal and state labor laws and regulations and establish procedures by which such exemptions may be obtained for such Partnerships. The Committee reported the bill unanimously (19-0).

Today, VSBA staff attended the morning meeting of Senate Committee on Education and Health. There were numerous bills of interest to VSBA discussed:


HB 1 (Wilt) - This bill would clarify that student directory information may be publicly released by school personnel if the school has given notice to the parent, legal guardian, or eligible student of (i) the types of information that the school has designated as directory information; (ii) the right of the parent, legal guardian, or eligible student to refuse the designation of any or all of the types of information about the student as directory information; and (iii) the period of time within which a parent, legal guardian, or eligible student must notify the school in writing that he does not want any or all of the types of information about the student designated as directory information. The bill would also provides, however, that except as provided otherwise by federal law or regulation, a school shall not release the address, phone number, or email address of a student unless the parent, legal guardian, or eligible student has affirmatively consented in writing to the designation of any or all of such information as directory information. VSBA opposed the bill as written and sent an action alert to our membership on the bill. The committee voted (15-0) to conform the bill to SB 512 (Suetterlein). VSBA strongly prefers the language of SB512, which specifically provides that student phone numbers and email addresses may be withheld pursuant to FOIA.   

HB 81 (Krizek) - Requires the Superintendent of Public Instruction, upon the request of a school board, to grant such school board up to an additional 180 days to appoint a new division superintendent. VSBA supports this bill. The committee reported the bill (15-0).

HB 372 (Robinson) – This bill would make local school boards responsible for setting the school calendar and determining the opening day 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. The bill would require 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 2017-2018 school year, to close all schools in the division from (i) the Thursday immediately preceding Labor Day through Labor Day or (ii) the Friday immediately preceding Labor Day through the Tuesday immediately succeeding Labor Day. VSBA supports this bill. The committee voted to carry the bill over to 2019 (9-6).


HB 399 (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 (15-0).

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 would requires each local school board to develop and implement policies to require each high school principal or his designee to notify each English language learner of the availability of such testing accommodations prior to the student's participation in any such certification, examination, assessment, or battery. The bill would have a delayed effective date of July 1, 2019. The committee reported the bill (15-0).

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 and referred to Senate Finance (11-4).

HB 779 (Heretick) – This bill would eliminate the cap on the annual salary that the school board of the City of Norfolk may pay its appointed members. Beginning July 1, 2018, all members of such school board will be elected members. VSBA supports this bill. The committee reported the bill (15-0).

HB 809 (O'Quinn) - This bill would permit local school boards to display commercial 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 committee voted to carry the bill over to 2019 (11-4).

HB 1020 (Adams, L.R.)Makes local school boards responsible for setting the school calendar and determining the opening day 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. VSBA supports this bill. The committee voted to roll the bill into HB 372 (15-0).

HB 1114 (VanValkenburg) This bill would provide that the Department of Professional and Occupational Regulation, the Department of Health Professions, the Board of Accountancy, and the Board of Education shall not be authorized to suspend or revoke the license, certificate, registration, permit, or authority it has issued any person who is in default or delinquent in the payment of a federal-guaranteed or state-guaranteed educational loan or work-conditional scholarship solely on the basis of such default or delinquency. The committee reported the bill (15-0).

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 committee reported the bill with a substitute (15-0).

In the afternoon, VSBA attended Senate Education and Health Subcommittee on Public Education. Bills of interest to VSBA included:


HB 45 (Filler-Corn) – This bill would require any family life education curriculum offered in any elementary school, middle school, or high school to incorporate age-appropriate elements of effective and evidence-based programs 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 for reporting (3-0).

HB 80 (Krizek) -This bill would require the Board of Education, in its regulations providing for teacher licensure by reciprocity, to permit applicants to submit third-party employment verification forms. VSBA supports this bill. The subcommittee recommended the bill for reporting (3-0).

HB 215 (Knight) This bill would declare eligible for a renewable one-year license to teach in public high schools in the Commonwealth any individual who has (i) received a graduate degree from a regionally accredited institution of higher education; (ii) completed at least 30 credit hours of teaching experience as an instructor at a regionally accredited institution of higher education; and (iii) received qualifying scores on the professional teacher's assessments prescribed by the Board, including the communication and literacy assessment and the content-area assessment for the endorsement sought and (iv) completed certain other licensure requirements. VSBA spoke in support of this bill. The subcommittee recommended the bill for reporting (3-0).

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 (3-0).

HB 1085 (Yancey) This bill would require any local school board of a school division in which a military installation or other military housing is located to establish and implement policies to provide for the enrollment to any school of any military student residing on a military installation or in military housing within the school division, upon the request of his parent. The bill would permit such policies to include certain conditions. The bill would require a copy of such policies to be posted on the division's website and to be available to the public upon request.  The subcommittee recommended the bill for reporting (3-0).

HB 1156 (Wilt) – This bill would require 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. The bill would define "dual language instruction" as instruction in English and in a second language. The bill would require the Board, in establishing the requirements for such endorsement, to require, at minimum, coursework in dual language education; bilingual literacy development; methods of second language acquisition; theories of second language acquisition; instructional strategies for classroom management for the elementary classroom; and content-based curriculum, instruction, and assessment. The bill would provide that (i) each teacher with such an endorsement is exempt from the Virginia Communication and Literacy Assessment requirement but is subject to the subject matter-specific professional teacher's assessment requirements and (ii) no teacher with such an endorsement is required to obtain an additional endorsement in early/primary education pre-kindergarten through grade three or elementary education pre-kindergarten through grade six in order to teach in pre-kindergarten through grade six. VSBA spoke in support this bill. The subcommittee recommended the bill for reporting (3-0).


HB 1600 (Bourne) – VSBA worked with the patron and other stakeholders to modify language of the bill. There was an amendment in the form of a substitute. The substitute would reduce the maximum length of a long-term suspension from 364 calendar days to 45 school days. The bill would permit a long-term suspension to extend beyond a 45-school-day period if (i) the offense involves firearms or drugs or serious bodily injury or (ii) or if the school board or division superintendent or his designee finds that aggravating circumstances exist, as defined DOE.  The substitute also states that the definition of aggravating circumstances must include a consideration of the student's disciplinary record.  The subcommittee recommended the substitute for reporting (3-0).


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