Wednesday, February 28, 2018

General Assembly Update 2/28/18

This morning, VSBA staff began our day attending House Education Subcommittee # 2. Only one bill was discussed:

SB 101 (McClellan) – This bill would require any high school family life education curriculum offered by a local school division to incorporate age-appropriate elements of effective and evidence-based programs on the consequences of nonconsensual sexual activity, conduct, or touching. The bill would permit any family life education curriculum offered by a local school division to incorporate age-appropriate elements of effective and evidence-based programs on (i) the dangers and repercussions of using electronic means or social media to (a) engage in sexually explicit communications or (b) send or display sexually explicit images and (ii) the prevention, recognition, and awareness of child abduction, child abuse, child sexual exploitation, and child sexual abuse. The subcommittee adopted an amendment in the nature of a substitute that allows local school divisions to incorporate age appropriate elements of evidence-based programs regarding child abduction, child abuse, child sexual exploitation, and child sexual abuse. The subcommittee recommended the bill for reporting (7-2).

Following the conclusion of the subcommittee, the full committee of House Education met to discuss the following bills of interest to VSBA:

SB 76 (Favola)This bill would specify 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 this bill. The committee reported the bill (20-0).

SB 170 (Stanley)This bill would prohibit, except for drug offenses, firearm offenses, and certain criminal acts, students in preschool through grade three from being suspended for more than three school days or expelled from attendance at school unless (i) the offense involves physical harm or credible threat of physical harm to others or (ii) the local school board or the division superintendent or his designee finds that aggravating circumstances exist, as defined by the Department of Education. VSBA worked with the patron and other stakeholders to modify the language to allow more flexibility for local school divisions and supports the bill. The committee reported the bill (18-2).

SB 238 (De Steph) – This bill would prohibit local school boards from requiring a student or his parent to disclose information related to the student's race or ethnicity unless (i) the student or his parent is given an option to designate "other" for the student's race or ethnicity or (ii) such disclosure is required by federal law. The committee reported the bill (20-0).

SB 349 (Peake) – This bill would make several changes to the teacher licensure process, including (i) 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 and (ii) permitting a local school board or division superintendent to waive certain licensure requirements for any individual who holds a provisional license and is employed by the local school board. This bill incorporates SB 257, SB 409, SB 548, SB 549, SB 551, SB 558,SB 723, and SB 863. VSBA supports this bill. The committee adopted an amendment in the nature of a substitute. The committee reported the bill as amended (21-0).

SB 969 (Newman) – This bill would require the Board of Education, in establishing high school graduation requirements, to require students to earn one verified credit in history and social science by (i) the successful completion of a Board-developed end-of-course Standards of Learning assessment; (ii) achievement of a passing score on a Board-approved standardized test administered on a statewide, multistate, or international basis that measures content that incorporates or exceeds the Standards of Learning content in the course for which the verified credit is given; or (iii) achievement of criteria for the receipt of a locally awarded verified credit from the local school board in accordance with criteria established in Board guidelines when the student has not passed a corresponding Standards of Learning assessment. The bill would prohibit such end-of-course Standards of Learning assessment from being a performance-based assessment. The committee adopted an amendment in the nature of a substitute. The committee reported and referred the bill as amended to House Appropriations (18-4).

SB 343 (Peake)This bill would prohibit any school board from employing any individual who has been convicted of any felony offense against a child; a certain act of violence or violent felony; any offense involving the sexual molestation, physical or sexual abuse, or rape of a child; or any offense requiring registration with the Sex Offender and Crimes Against Minors Register Act. The bill would provide that for any other felony offense, the school board, in its discretion, may hire an individual who has had his civil rights restored by the Governor and at least five years have passed since such conviction. The committee adopted an amendment in the nature of a substitute conforming the bill to HB 1000 (Gilbert). The committee reported the bill as amended (21-0).

SB 605 (Ebbin)This bill would require the Board of Education to adopt regulations to implement the provisions of federal law that prohibit any local school board or any individual who is an employee, contractor, or agent of a local school board from assisting an employee, contractor, or agent of such local school board in obtaining a new job if such local school board or individual knows or has probable cause to believe that the employee, contractor, or agent engaged in sexual misconduct regarding a minor or student in violation of law. The committee adopted an amendment in the nature of a substitute conforming the bill to HB 438 (Bulova). The committee reported the bill as amended (21-0).

SB 747 (Sturtevant)This bill would provide that the guaranteed admissions agreements between baccalaureate public institutions of higher education and associate-degree-granting public institutions of higher education may provide for the guaranteed admission of a student who earns an associate degree concurrently with a high school diploma through a dual enrollment program, as well as any student who earns an associate degree after high school. The committee reported the bill (22-0).

SB 785 (Surovell)This bill would prohibit local school boards from requiring the use of any electronic textbook in any course in grades six through 12 unless the school board adopts a plan to ensure that on or before July 1, 2020, (i) each student enrolled in such course will have actual access at school and, if any assignment requires the use of such electronic textbook outside of school hours, in his residence to at least one personal computing device not shared with another student that contains an operating system and the hardware necessary to support the format of each electronic textbook expected to be used in such course and (ii) the relevant school has adequate connectivity, which the bill defines as bandwidth of at least one megabit per second per enrolled student. The committee adopted an amendment ichanging the adequate connectivity speed required to 100 kilobits per second. VSBA spoke in opposition to this bill. The Speaker’s office sent a letter requesting the bill go to House Appropriations and the committee reported and referred the bill to House Appropriations (12-8).

SB 101 (McClellan) – This bill would require any high school family life education curriculum offered by a local school division to incorporate age-appropriate elements of effective and evidence-based programs on the consequences of nonconsensual sexual activity, conduct, or touching. The bill would permit any family life education curriculum offered by a local school division to incorporate age-appropriate elements of effective and evidence-based programs on (i) the dangers and repercussions of using electronic means or social media to (a) engage in sexually explicit communications or (b) send or display sexually explicit images and (ii) the prevention, recognition, and awareness of child abduction, child abuse, child sexual exploitation, and child sexual abuse. The committee adopted an amendment in the nature of a substitute that allows local school divisions to incorporate age appropriate elements of evidence-based programs regarding child abduction, child abuse, child sexual exploitation, and child sexual abuse. The committee reported the bill as amended (19-1).

SB 126 (Cosgrove)This bill would permit any school division outside of Planning District 8, at the discretion of the local school board, to administer a parent/student driver education component as part of the driver education curriculum. Under both current law and the bill, such component is a requirement in Planning District 8 (Northern Virginia). The bill allows for school divisions to administer such component in-person or online. The committee reported the bill (18-2).

SB 169 (Stanley)This bill would effectively require VHSL to establish, by July 1, 2021, a varsity level robotics team competition program that includes state championships. The committee reconsidered the previous vote from Monday and reported the bill (12-9).


Lastly, VSBA staff attended the meeting of House Appropriations Elementary and Secondary Education Subcommittee. Bills of interest to the Association discussed included:

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SB 80 (Favola) – This bill would establish the State School Health Advisory Board in the executive branch to advise the General Assembly and the Governor on pending or proposed legislation concerning the role of employees in public elementary or secondary schools in providing health care services at such schools and to provide guidance on any associated training requirements. The provisions of the bill would be contingent on funding in a general appropriation act. The subcommittee lay the bill on the table (5-3).

SB 229 (Hanger) – This bill would require the Board of Education to establish a training program for school board employees who assist in the transportation of students on school buses, including individuals employed to operate school buses and school bus aides, on autism spectrum disorders, including the characteristics of autism spectrum disorders, strategies for interacting with students with autism spectrum disorders, and collaboration with other employees who assist in the transportation of students on school buses. The bill would require each school board employee who assists in the transportation of students with autism spectrum disorders on school buses to participate in such training program. VSBA spoke on the bill thanking the patron for modifying it to place less of a burden on local school divisions while still carrying out the intent of the bill. The subcommittee amended the bill to remove the financial clause and recommended reporting the bill (8-0).

SB 401 (Lewis) – This bill would direct the Department of Environmental Quality and the Department of Education to update the "Window into a Green Virginia" curriculum developed by the Departments for sixth grade science to include a unit on the benefits, including the energy benefits, of recycling and reuse. The subcommittee lay the bill on the table 5-2.

SB 775 (Locke) – This bill would prohibit the child of a person on active military duty who is attending school for free from being charged tuition upon such child's relocation pursuant to orders his parent received to relocate to a new duty station or to be deployed. The bill would allow the child to remain enrolled in the current school division free of tuition through the end of the school year. The bill would also prohibit the child of a person on active military duty who is eligible to attend a school for free from being charged tuition by a school division that will be that child's school division of residence upon such child's service member parent's relocation to the jurisdiction for that school division pursuant to orders received. The subcommittee recommend reporting the bill (7-0).

SB 456 (McClellan) – This bill would require the Superintendent of Public Instruction to develop and administer biennially to individuals holding a license from the Department of Education a voluntary and anonymous school personnel survey to evaluate school-level teaching conditions and the impact such conditions have on teacher retention and student achievement. The bill would require such survey to 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. The bill would require the Superintendent of Public Instruction to report the results of the survey to the House Committees on Appropriations and Education and to the Senate Committees on Finance and Education and Health. The subcommittee recommended laying the bill on the table (5-3).

SB 937 (Sturtevant) – This bill would create a tax credit for a business that hosts a junior or senior in a Richmond City high school as an apprentice for a semester during the 2018-2019 or 2019-2020 academic year. The business would receive a $2,500 credit per student, per semester. Participation in the program would be limited to 25 students. The provisions of the bill would be contingent on funding in a general appropriation act. The subcommittee recommended laying the bill on the table (5-3).

SB 261 (Suetterlein) – This bill would provide that a local school board that is required to employ two full-time librarians for any middle school or high school may meet such requirement by employing two full-time librarians or one full-time librarian and one full-time media specialist or instructional resource teacher. The bill would also provide that a local school board that is required to employ a full-time school-based clerical person for the library for any middle school or high school may meet such requirement by employing one full-time school-based clerical person for the library, for instruction, or for assessment or career planning, or by employing one full-time classroom instructional assistant. VSBA spoke in support of the bill. The subcommittee referred the bill to House Education on a voice vote.

SB 786 (Surovell) – This bill would prohibit any student who resides in Planning District 8 and is eligible for free or reduced price meals in the federally funded lunch program from being charged fees for enrolling in any online course or virtual program that is required or is offered by the school division in which he resides and requires such enrolled students to be provided, free of charge, a computer or other electronic device necessary to take the course or program. VSBA spoke in opposition to the bill. The subcommittee recommended laying the bill on the table (6-2).


SB 658 (Wagner) – This bill would clarify that school boards of school divisions participating in a regional or joint school may jointly apply to the Board of Education for a loan from the Literary Fund to benefit the regional or joint school. The subcommittee recommended reporting the bill (8-0).


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