Wednesday Update from the General Assembly

This morning, the House Counties, Cities, and Towns subcommittee #1 considered the following bill of interest:

HB 1907 (VanValkenburg) would require every locality with a population greater than 25,000 and each school division with greater than 5,000 students to post quarterly on the public government website of such locality or school division a register of all funds expended, showing vendor name, date of payment, amount, and a description of the type of expense, including credit card purchases with the same information. The subcommittee tabled the bill 7-1.

Also this morning, the House Privileges and Elections subcommittee #3 considered the following bill:

HB 1615 (Landes) would change the date of the primary election held in June from the second Tuesday in June to the third Tuesday in June. The bill also changes candidate filing deadlines to reflect the change of date.  The subcommittee recommended reporting the bill 6-0.

The House Education Committee also met this morning and took the following actions:

HB 1643 (Hope) would require the Board of Education to develop guidelines establish a process for school board to seek alternate routes to provisional or renewable licensure for teachers.  The bill was reported 22-0.

HB 1753 (Sickles) was amended in Committee and a substitute was adopted.  The substitute would prohibit the operation of an electronic room partition in a school building unless (i) there are not students present in the building, (ii) there are no students in the area and the area is secured, or (iii) the partition is fitted with a safety sensor that would automatically stop the partition when a body passes between the partition and the wall, opposing partition, or stacking area.  The substitute also requires annual safety reviews for school employees regarding such partitions and requires the Board of Education to develop model safety guidance regarding such partitions.  The Committee reported the substitute 22-0.

HB 2205 (Filler-Corn)  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 law and meaning of consent. Under current law, such elements are permissive in any high school family life education curriculum.  The bill was reported 22-0.

HB 2338 (Landes) would require the Board of Education to require in the graduation requirements a requirement that students earn one verified credit in Virginia and U.S. history by passing an SOL assessment, Board approved standardized test, or earning a locally awarded verified credit.  The bill was reported and referred to Appropriations 12-10.

HB 2508 (Pogge) includes licensed behavior analysts and licensed assistant behavior analysts as support services positions in a local school division for the purposes of Title 22.1 (Education) of the Code of Virginia.  The bill reported 22-0.

HB 2520 (Ayala) would require the Secretary of Education to establish the 21-member College and Career Readiness Steering Committee to (i) develop and oversee implementation of a strategic plan for ensuring that all students in the Commonwealth, and particularly subgroups of students who have been historically underserved, graduate from high school (a) meeting the requirements for an advanced studies diploma, (b) having had the opportunity to participate and succeed in pathways that integrate rigorous academic instruction aligned with the Standards of Learning, including career and technical education, work-based learning, wraparound services, and opportunities to earn credit for postsecondary education while enrolled in high school, and (c) having had a high school experience that is aligned with expectations for postsecondary education and employer demand and (ii) provide certain recommendations, guidance, leadership, goals, and assistance relating to the implementation of such strategic plan.  The bill was reported and referred to Appropriations 12-9.

HB 2574 (LaRock) would allow a local school board, when applying for its school division to be designated as a School Division of Innovation, to apply to the Board of Education to replace certain Standards of Learning assessments with performance-based assessments. The bill requires the Board to determine if the local school board has the capacity to administer and score performance-based assessments and provides criteria for such determination. The bill requires any proposed performance-based assessment to be an adequate replacement of the relevant Standards of Learning assessment and requires students to demonstrate the knowledge and skills required by the relevant Standards of Learning and one or more of critical thinking, creativity, collaboration, communication, or citizenship. The standards of learning assessments eligible for replacement are (i) Virginia Studies, (ii) Civics and Economics, (iii) elementary school science, and (iv) middle school science. The bill further requires the Board to promulgate any necessary regulations and to submit to the U.S. Department of Education any necessary amendments to its consolidated state plan.  The bill reported 22-0.

HB 2599 (Bell, J.J.) would require the Board of Education, in adopting regulations regarding restraint and seclusion to identify and prohibit methods of restrain or seclusion that the Board determines pose a significant danger to the student and establish safety standards for seclusion.  The bill was reported and referred to Appropriations 22-0.

HB 2646 (Hugo) would reduce from 29 to 28 the maximum class size in kindergarten; from 30 to 28 the maximum class size in grades one, two, and three; and from 35 to 29 the maximum class size in grades four, five, and six.  The bill was reported and referred to Appropriations 22-0.

HB 2720 (Gooditis) specifies that, for the purpose of eligibility for grants for security equipment through the Public School Security Equipment Grant Act of 2013, security equipment includes building modifications and fixtures, such as security vestibules.  The bill was reported 22-0.

HB 2416 (Davis) would establishes yellow public charter schools as a category of public charter schools at which additional student services are provided, including health care, dental care, after-school support, and nutritional support. The bill permits a yellow public charter school applicant, following a local school board decision to deny a petition for the reconsideration of the denial of its application, to appeal such denial to the Board and requires the Board to review and approve or deny such application. The bill specifies that any yellow public charter school application so approved by the Board shall remain in effect for a period not to exceed 10 years.  The bill was reported on a close vote to 11-10.  This bill will be moving to the floor of the House in the coming days.  Please contact your Delegates and urge them to vote NO on HB 2416.

The Committee also took up two bills that previously failed in subcommittee:

HB 2609 (Jones, J.C.) was tabled in subcommittee last Friday.  The Committee, however, took the bill up today.  The patron offered a substitute which would require DCJS to establish mandatory minimum training standards for certification of School Resource Officers.  The substitute would also require every SRO to receive such training.  The Committee reported the substitute 19-3.

HB 2570 (LaRock) would prohibit any public elementary or secondary school student from participating in any family life education program without the prior written consent of his parent.  This would make participation in Family Life Education an opt-in, rather than an opt-out.  The bill reported 12-10.

This evening the House Appropriations Public Education subcommittee considered the following bills:

HB 1881 (Keam) was amended to require the Virginia Foundation for Healthy Youth to develop, and the Department of Education to distribute, educational materials concerning the health and safety risks of using tobacco products, nicotine vapor products, and alternative nicotine products.  The bill also requires instruction regarding such risks be provided in elementary and secondary schools.  The subcommittee recommended reporting the bill 8-0.

HB 2408 (Adams) would have required 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 tabled on a vote of 5-0.

HB 2008 (Garrett) would require the Department of Education, in consultation with representatives from pertinent industries such as renewable energy, natural gas, nuclear energy, coal, and oil, to establish an energy career cluster. The bill requires the Department of Education to base the knowledge and skill sets contained in such energy career cluster on the energy industry competency and credential models developed by the Center for Energy Workforce Development in partnership with the U.S. Department of Labor. The bill further requires the Department of Education to report to the Chairmen of the House Committee on Education and the Senate Committee on Education and Health no later than December 1, 2019, on its progress toward establishing such energy career cluster. The bill was recommended for reporting 7-0.

HB 2124 (Davis) would requires the Board of Education to waive up to 5 teaching days to compensate for school closings resulting from an evacuation directed and compelled by the Governor. The bill provides that there shall be no proportionate reduction in the amount paid by the Commonwealth from the Basic School Aid Fund or the amount paid by a local governing body.  The bill was recommended for reporting 8-0.

HB 1724 (Krizek), which would have established the Grow Your Own Teacher Pilot Programs Fund was tabled at request of patron. 

HB 2145 (Turpin) would require each local school board to (i) administer the model exit questionnaire for teachers developed by the Superintendent of Public Instruction to each teacher who ceases to be employed in the school division for any reason and (ii) collect, maintain, and report on the results of each such questionnaire in a manner that ensures the confidentiality of each teacher's name and other personally identifying information. Under current law, such model exit questionnaire for teachers is administered in five school divisions pursuant to a pilot program.  The bill failed to report on a 3-3 vote.

HB 2593 (Rodman) would have directed the Board of Education to review and update the health Standards of Learning for students in all grades to include mental health. Legislation passed in 2018 required such review and update for students in grades nine and 10.  The bill was tabled on a vote of 6-2.

HB 2053 (McQuinn) was amended with a substitute.  The substitute reduced the ratio for school counselors to 1:375 in elementary school, 1:325 in middle school, and 1:300 in high school, effective the 2019-2020 school year.  The subcommittee recommended reporting 7-0.

GA Update for 1.29.19

This morning the Senate Finance Committee met and considered the following bills of interest:

SB 1365 (DeSteph) Increases 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, or the actual qualified educational expenses of the student, whichever is less. The bill broadens the definition of "eligible student with a disability" to include any child who is a resident of Virginia for whom an Individualized Education Plan (IEP) has been written and finalized in accordance with the federal Individuals with Disabilities Education Act (IDEA). In addition, the family household income of the eligible student with a disability who is receiving the scholarship must not exceed 400 percent of the federal poverty level.  The bill also provides that an eligible student with a disability may only receive the increased amount of scholarship funds if they attend a school for students with disabilities that (i) is licensed by the Department of Education to serve students with disabilities, (ii) complies with the nonpublic school accreditation requirements of the Virginia Association of Independent Schools, (iii) is exempt from taxation under § 501(c)(3) of the Internal Revenue Code, and (iv) does not receive public funds to supplement the cost of the education of the eligible student with a disability who is receiving the scholarship.  The Committee reported the bill on a vote of 11-5.

SB1095 (Howell) requires the Board of Education to establish a statewide unified public-private system for early childhood care and education in the Commonwealth to be administered by the Board of Education, the Superintendent of Public Instruction, and the Department of Education. The bill transfers the authority to license and regulate child day programs and other early child care agencies from the Board of Social Services and Department of Social Services to the Board of Education and the Department of Education. The bill maintains current licensure, background check, and other requirements of such programs. The bill establishes the Early Childhood Innovation Fund for the purpose of facilitating regional public-private collaboration and to field test innovative strategies and evidence-based practices that support a robust system of comprehensive early childhood care and education services to deliver measurable school readiness outcomes and meet regional workforce support needs. Such provisions of the bill have a delayed effective date of July 1, 2021.  The bill requires the Superintendent of Public Instruction to establish a plan for implementing the statewide unified early childhood care and education system and requires the Department of Social Services and the Department of Education to enter into a cooperative agreement to coordinate the transition. The bill provides that, beginning July 1, 2021, the Department of Education will be the lead agency for the administration of the Child Care and Development Block Grant and the Head Start Collaboration Office. Finally, the bill requires the Board of Education and the Board of Social Services to promulgate regulations to implement the provisions of the bill to become effective on July 1, 2021.   The bill was reported 16-0.

SB1104 (Peake) provides that the state pool of funds for community policy and management teams may be used for residential or nonresidential services in a public school setting and to provide services to children placed in public residential facilities or public special education day schools in addition to such private facilities and private special education day schools as provided in current law.  The bill was reported 16-0.

SB1015 (Stanley) Expands the Education Improvement Scholarships tax credits program by including, as eligible scholarship recipients, children enrolled in or attending nonpublic pre-kindergarten programs. The maximum annual scholarship that a child admitted to, enrolled in, or attending a nonpublic pre-kindergarten program will receive is the lesser of the child's actual educational expenses or the state's share of the grant per child under the Virginia Preschool Initiative for the locality in which the child resides.  Under current law, tax credits are awarded to individuals and businesses making donations to nonprofit scholarship foundations using the donated funds to award scholarships to certain students in grades K-12 attending nonpublic schools. Eligible scholarship recipients are students in grades K-12 with a finalized individualized education program (IEP) in place or whose annual household income is not in excess of 300 percent of the federal poverty guidelines.  The bill defines an eligible pre-kindergarten child and a nonpublic pre-kindergarten program and includes several other curriculum and administrative requirements that must be met by a nonpublic pre-kindergarten program in order for children attending the program to be eligible to receive scholarships under the tax credit program. Under the bill, the Virginia Council for Private Education or the Virginia Early Childhood Foundation will certify nonpublic pre-kindergarten programs meeting such curriculum and administrative requirements.  The bill also reduces the penalty for failure to fully disburse all donations received from 200 percent of the difference between 90 percent of the value of the donations it received and the amount disbursed to 100 percent of the difference.  The bill reported 11-5.

SB1532 (Sturtevant) Creates a tax credit for a business that hosts a junior or senior in a Richmond City Schools high school as an intern in a STEM or high-demand field for a semester during the 2019-2020 or 2020-2021 academic year. The business would receive a $2,500 credit per student per semester. Participation in the program is limited to 25 students. The bill requires the Superintendent of Richmond Public Schools to submit an annual report regarding various metrics of the program.  The bill was passed by for the day. 

This evening, the Senate Local Government Committee considered the following bill:

SB 1262 (Sturtevant) would require every locality with a population greater than 25,000 and each school division with greater than 5,000 students to post quarterly on the public government website of such locality or school division a register of all funds expended, showing vendor name, date of payment, amount, and a description of the type of expense, including credit card purchases with the same information. The bill allows any locality or school division to exclude from such posting any information that is exempt from mandatory disclosure under the Virginia Freedom of Information Act, any personal identifying information related to a court-ordered payment, and any information related to undercover law-enforcement officers. The bill has a delayed effective date of July 1, 2020. The bill was reported 9-4.

General Assembly Update for 1.28.19

The House Education Committee met this morning and considered the following bills of interest:

HB 1652 (Robinson) 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 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 2018-2019 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.  The bill was reported on a vote of 13-3

HB 1739 (Rush) specifies that, for the purpose of eligibility for grants for security equipment through the Public School Security Equipment Grant Act of 2013, security equipment includes software and mobile applications.  The bill was reported on a vote of 16-1.

HB 2297 (Simon) requires every person of school age to be deemed to reside in a school division for the purpose of eligibility for free public elementary and secondary education in such school division when all or any portion of the building in which such person resides with certain other individuals or as an emancipated minor is taxable by the locality in which the school division is located.  The bill was reported on a vote of 18-0.

HB 1881 (Keam) was amended with a substitute.  The substitute requires instruction concerning the health and safety risks of using nicotine vapor products to be provided in public schools.  The bill was reported and referred to Appropriations on a vote of 18-0.

HB 1868 (Hurst) renames the Virginia Index of Performance (VIP) incentive program as the Exemplar School Recognition Program (the Program) and makes several changes to the Program to align it with recent changes made by the Board of Education (the Board) to the Standards of Accreditation, including requiring the Board to design the Program to recognize and reward (i) schools that exceed Board-established requirements or show continuous improvement on academic and school quality indicators and (ii) schools, school divisions, and school boards that implement effective, innovative practices that are aligned with the Commonwealth's goals for public education.  The bill was reported on a vote of 11-7.

HB 1985 (Bell, R.P.) requires the Department of Education to annually collect from each school board and publish on its website various enrollment and achievement data on alternative education programs for students who have been suspended, expelled, or otherwise precluded from attendance at school. The bill requires such data to be published in a manner that protects the identities of individual students and disaggregated by local school division and by student race, ethnicity, gender, and disability.  The bill was reported on a vote of 18-0.

HB 2008 (Garrett) requires the Department of Education, in consultation with representatives from pertinent industries such as renewable energy, natural gas, nuclear energy, coal, and oil, to establish an energy career cluster. The bill requires the Department of Education to base the knowledge and skill sets contained in such energy career cluster on the energy industry competency and credential models developed by the Center for Energy Workforce Development in partnership with the U.S. Department of Labor. The bill further requires the Department of Education to report to the Chairmen of the House Committee on Education and the Senate Committee on Education and Health no later than December 1, 2019, on its progress toward establishing such energy career cluster.  The bill was reported on a vote of 18-0.

HB 2053 (McQuinn) requires the Department of Education, in consultation with representatives from pertinent industries such as renewable energy, natural gas, nuclear energy, coal, and oil, to establish an energy career cluster. The bill requires the Department of Education to base the knowledge and skill sets contained in such energy career cluster on the energy industry competency and credential models developed by the Center for Energy Workforce Development in partnership with the U.S. Department of Labor. The bill further requires the Department of Education to report to the Chairmen of the House Committee on Education and the Senate Committee on Education and Health no later than December 1, 2019, on its progress toward establishing such energy career cluster.  The Committee voted to report and refer to Appropriations on a vote of 17-0.

HB 2124 (Davis) requires the Board of Education to waive the requirement that school divisions provide additional teaching days or teaching hours to compensate for school closings resulting from an evacuation directed and compelled by the Governor. The bill provides that there shall be no proportionate reduction in the amount paid by the Commonwealth from the Basic School Aid Fund or the amount paid by a local governing body.  The Committee voted to report and refer the bill to Appropriations on a vote of 17-0.

HB 2140 (Thomas) permits the Board of Education to waive the requirement to set the school calendar so that the first day students are required to attend school must be after Labor Day for any school board that certifies to the Board of Education that the school division is entirely surrounded by school divisions that each have an opening date prior to Labor Day in the school year for which the waiver is sought.  The Committee voted to report the bill on a vote of 17-0.

HB 2145 (Turpin) requires each local school board to (i) administer the model exit questionnaire for teachers developed by the Superintendent of Public Instruction to each teacher who ceases to be employed in the school division for any reason and (ii) collect, maintain, and report on the results of each such questionnaire in a manner that ensures the confidentiality of each teacher's name and other personally identifying information. Under current law, such model exit questionnaire for teachers is administered in five school divisions pursuant to a pilot program. The Committee voted to report and refer to Appropriations on a vote of 10-7.

HB 2417 (Turpin) aligns the state review process of underperforming schools and school divisions with the new Standards for Accreditation adopted by the Board of Education (Board). The bill requires the Department of Education to cause an academic or other review to be conducted to assist schools not meeting requirements for school quality indicators established by the Board. The Board may require a local school board to develop a corrective action plan for any such school within its division. The bill requires a school board of a school division that does not demonstrate progress in implementing such corrective action plan to enter into a memorandum of understanding with the Board. The bill also requires the school board of an underperforming school division to enter into a memorandum of understanding with the Board prior to developing a corrective action plan.  The Committee voted to report the bill on a vote of 20-0.

HB 2325 (Thomas) requires the Board of Education to include in its regulations that prescribe the requirements for the licensure of teachers and other school personnel required to hold a license procedures for the private reprimand of such license holders. The bill permits the Board of Education to issue private reprimand to any such license holder who knowingly and willfully commits a certain enumerated act relating to secure mandatory tests administered to students. The only express disciplinary actions that are permissible under current law in such a scenario are suspension or revocation of such individual's license. The bill also permits a school board or division superintendent to issue private reprimand to a teacher who breaches his employment contract after the school board or division superintendent declines to grant such teacher's request for release from such contract on the grounds of insufficient or unjustifiable cause. The only express disciplinary action that is permissible under current law in such a scenario is revocation of such teacher's license.  The subcommittee amended the bill to allow for a written reprimand, notice of which must be given to all division superintendents.  The Committee voted to report the bill on a vote of 19-0.

HB 2384 (Hope) requires each school board to (i) develop and implement a policy to prohibit the use and distribution of tobacco products and nicotine vapor products on a school bus, on school property, or at an on-site or off-site school-sponsored activity and (ii) include in its code of student conduct a prohibition against possessing tobacco products or nicotine vapor products on a school bus, on school property, or at an on-site or off-site school-sponsored activity. Current law only places these requirements on each school board with regard to electronic cigarettes. The bill requires such policy to include adequate provisions for enforcement among students, employees, and visitors, including the enumeration of possible sanctions or disciplinary action consistent with state or federal law, and referrals to resources to help staff and students overcome tobacco addiction. The bill provides such policies may include procedures for effectively communicating the policy to students, their parents and families, school personnel, visitors on school premises, and local residents, groups, businesses, and other organizations served by the school. The Committee voted to report the bill on a vote of 18-1.

HB 2400 (Roem) requires each local school board that collects information to determine eligibility for participation in the School Breakfast Program or the National School Lunch Program administered by the U.S. Department of Agriculture to establish and post prominently on its website a web-based application for student participation in such program and to continue to provide a paper-based application. The bill permits any school board in establishing such an application to adopt the U.S. Department of Agriculture's Web-Based Prototype Application for Free and Reduced Price School Meals or to digitize its existing paper-based application.  The Committee voted that the bill be reported on a vote of 19-0. 

HB 2486 (Robinson) requires the Board of Education (Board) to provide for the issuance of a provisional license, valid for a period not to exceed three years, to any individual who has successfully completed the American Board for Certification of Teacher Excellence alternative teacher certification program and who meets the basic conditions for licensure established by the Board pursuant to subsection A of 8VAC20-23-40.  The Committee voted to report the bill on a vote of 18-0.

HB 2593 (Rodman) Directs the Board of Education to review and update the health Standards of Learning for students in all grades to include mental health. Legislation passed in 2018 required such review and update for students in grades nine and 10.  The Committee voted to report and refer the bill to Appropriations on a vote of 17-1.

HB 2623 (Ransone) a substitute was adopted which would require the Board of Education to develop a model policy regarding the provision of mental health counseling to 

students.  The Committee voted to report the substitute on a vote of 16-0.

HB 2662 (Landes) directs the Board of Education, in establishing high school graduation requirements, to require students to complete (i) a work experience such as an internship, an externship, or another work-based or service-based learning experience during eleventh or twelfth grade and (ii) a capstone project that aligns with and further develops the knowledge and skills attained through such work experience.  The Committee voted to report the substitute on a vote of 18-0.

HB 2721 (Freitas) allows a school security officer to carry a firearm in the performance of his duties if, within 10 years immediately prior to being hired by the local school board, he was employed by a law-enforcement agency of the United States or any state or political subdivision thereof and his duties were substantially similar to those of a law-enforcement officer in the Commonwealth. Under current law, only a school security officer who was an active law-enforcement officer in the Commonwealth within 10 years immediately prior to being hired by the local school board may qualify to carry a firearm in the performance of his duties.  The Committee voted to report the bill on a vote of 13-4.

Subcommittee #1 of the House Education Committee met this evening and considered the following bills:

HB 1643 (Hope) was amended to require the Board of Education to develop guidelines establish a process for school board to seek alternate routes to provisional or renewable licensure for teachers.  The bill was recommended for reporting by the subcommittee on a vote of 8-0.

HB 1753 (Sickles) was amended in subcommittee to prohibit the use of electronic room partitions whenever students are present in the building unless the partition is fitted with safety sensors.  The subcommittee recommended the bill to be reported on a vote of 8-0.

HB 2205 (Filler-Corn) 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 law and meaning of consent. Under current law, such elements are permissive in any high school family life education curriculum.  The subcommittee recommended the bill to be reported on a vote of 8-0.

HB 2338 (Landes) was amended in subcommittee to require the Board of Education to require in the graduation requirements a requirement that students earn one verified credit in Virginia and U.S. history by passing an SOL assessment, Board approved standardized test, or earning a locally awarded verified credit.  The subcommittee recommended the bill to be reported on a vote of 5-3.

HB 2508 (Pogge) would include licensed behavior analysts and licensed assistant behavior analysts as support services positions in the SOQ.  The subcommittee recommended the bill to be reported and referred to Appropriations on a vote of 8-0.

HB 2520 (Ayala) was amended to require the Secretary of Education to establish the 21-member College and Career Readiness Steering Committee to (i) develop and oversee implementation of a strategic plan for ensuring that all students in the Commonwealth, and particularly subgroups of students who have been historically underserved, graduate from high school (a) meeting the requirements for an advanced studies diploma, (b) having had the opportunity to participate and succeed in pathways that integrate rigorous academic instruction aligned with the Standards of Learning, including career and technical education, work-based learning, wraparound services, and opportunities to earn credit for postsecondary education while enrolled in high school, and (c) having had a high school experience that is aligned with expectations for postsecondary education and employer demand and (ii) provide certain recommendations, guidance, leadership, goals, and assistance relating to the implementation of such strategic plan.  The subcommittee recommended the bill to be reported on a vote of 6-2.

HB 2574 (LaRock) would allow a local school board, when applying for its school division to be designated as a School Division of Innovation, to apply to the Board of Education to replace certain Standards of Learning assessments with performance-based assessments. The bill requires the Board to determine if the local school board has the capacity to administer and score performance-based assessments and provides criteria for such determination. The bill requires any proposed performance-based assessment to be an adequate replacement of the relevant Standards of Learning assessment and requires students to demonstrate the knowledge and skills required by the relevant Standards of Learning and one or more of critical thinking, creativity, collaboration, communication, or citizenship. The standards of learning assessments eligible for replacement are (i) Virginia Studies, (ii) Civics and Economics, (iii) elementary school science, and (iv) middle school science. The bill further requires the Board to promulgate any necessary regulations and to submit to the U.S. Department of Education any necessary amendments to its consolidated state plan.  The subcommittee recommended the bill to be reported on a vote of 8-0.

HB 2599 (Bell, John B.) was amended to require the Board of Education, in adopting regulations regarding restraint and seclusion to identify and prohibit methods of restrain or seclusion that the Board determines pose a significant danger to the student and establish safety standards for seclusion.  The subcommittee recommended the bill to be reported on a vote of 8-0.

HB 2646 (Hugo) would reduce from 29 to 28 the maximum class size in kindergarten; from 30 to 28 the maximum class size in grades one, two, and three; and from 35 to 29 the maximum class size in grades four, five, and six.  The subcommittee recommended the bill to be reported and referred to Appropriations on a vote of 8-0.

HB 2720 (Gooditis) specifies that, for the purpose of eligibility for grants for security equipment through the Public School Security Equipment Grant Act of 2013, security equipment includes building modifications and fixtures, such as security vestibules.  The subcommittee recommended the bill to be reported on a vote of 8-0.

HB2382 (Hurst) would declare that, except in certain limited circumstances, a student journalist at a public elementary or secondary school or public institution of higher education has the right to exercise freedom of speech and the press in school-sponsored media, including determining the news, opinion, feature, and advertising content of school-sponsored media, regardless of whether the media is supported financially by the school board, supported through the use of school facilities in the school division, or produced in conjunction with a course or class in which the student is enrolled. The bill defines "school-sponsored media" as any material that is prepared, substantially written, published, or broadcast by a student journalist at a public elementary or secondary school or public institution of higher education under the direction of a student media adviser and distributed or generally made available to members of the student body.  The bill failed on a 3-5 vote.

HB2570 (LaRock) would have required an affirmative parental opt-in for any student to participate in the family life curriculum.  The bill failed on a vote of 4-4.

HB2612 (VanValkenburg) would have required an average of 45 minutes of planning time daily for elementary school teachers.  The bill was tabled on a vote of 5-3.

HB 2463 (Tran) would shift the burden of proof to the local school board in most special education due process hearings.  The subcommittee voted to pass the bill by and request that the Chairman of the House Education Committee request that the issue be included in an ongoing JLARC study. 

Update from House Education Subcommittee # 2

Subcommittee 2 of the House Education Committee met twice last week and considered the following bills of interest:

HB1881 (Keam) was amended with a substitute.  The substitute requires instruction concerning the health and safety risks of using nicotine vapor products to be provided in public schools.  The subcommittee recommended that the bill be reported and referred to Appropriations on a vote of 9-0.

HB 1868 (Hurst) renames the Virginia Index of Performance (VIP) incentive program as the Exemplar School Recognition Program (the Program) and makes several changes to the Program to align it with recent changes made by the Board of Education (the Board) to the Standards of Accreditation, including requiring the Board to design the Program to recognize and reward (i) schools that exceed Board-established requirements or show continuous improvement on academic and school quality indicators and (ii) schools, school divisions, and school boards that implement effective, innovative practices that are aligned with the Commonwealth's goals for public education.  The subcommittee recommended that the bill be reported on a vote of 6-3. 

HB 1985 (Bell, R.P.) requires the Department of Education to annually collect from each school board and publish on its website various enrollment and achievement data on alternative education programs for students who have been suspended, expelled, or otherwise precluded from attendance at school. The bill requires such data to be published in a manner that protects the identities of individual students and disaggregated by local school division and by student race, ethnicity, gender, and disability.  The subcommittee recommended reporting the bill on a vote of 9-0. 

HB 2008 (Garrett) requires the Department of Education, in consultation with representatives from pertinent industries such as renewable energy, natural gas, nuclear energy, coal, and oil, to establish an energy career cluster. The bill requires the Department of Education to base the knowledge and skill sets contained in such energy career cluster on the energy industry competency and credential models developed by the Center for Energy Workforce Development in partnership with the U.S. Department of Labor. The bill further requires the Department of Education to report to the Chairmen of the House Committee on Education and the Senate Committee on Education and Health no later than December 1, 2019, on its progress toward establishing such energy career cluster.  The subcommittee recommended that the bill be reported on a vote of 9-0.

HB 2053 (McQuinn) requires the Department of Education, in consultation with representatives from pertinent industries such as renewable energy, natural gas, nuclear energy, coal, and oil, to establish an energy career cluster. The bill requires the Department of Education to base the knowledge and skill sets contained in such energy career cluster on the energy industry competency and credential models developed by the Center for Energy Workforce Development in partnership with the U.S. Department of Labor. The bill further requires the Department of Education to report to the Chairmen of the House Committee on Education and the Senate Committee on Education and Health no later than December 1, 2019, on its progress toward establishing such energy career cluster.  The subcommittee recommended that the bill be reported and referred to Appropriations on a vote of 8-1.

HB 2124 (Davis) requires the Board of Education to waive the requirement that school divisions provide additional teaching days or teaching hours to compensate for school closings resulting from an evacuation directed and compelled by the Governor. The bill provides that there shall be no proportionate reduction in the amount paid by the Commonwealth from the Basic School Aid Fund or the amount paid by a local governing body.  The subcommittee recommended that the bill be reported and referred to Appropriations on a vote of 9-0.  The subcommittee recommended that the bill report and refer to Appropriations on a vote of 9-0.

HB 2140 (Thomas) permits the Board of Education to waive the requirement to set the school calendar so that the first day students are required to attend school must be after Labor Day for any school board that certifies to the Board of Education that the school division is entirely surrounded by school divisions that each have an opening date prior to Labor Day in the school year for which the waiver is sought.  The subcommittee recommended reporting on a vote of 8-1.  The subcommittee recommended that the bill be reported on a vote of 8-1.

HB 2145 (Turpin) requires each local school board to (i) administer the model exit questionnaire for teachers developed by the Superintendent of Public Instruction to each teacher who ceases to be employed in the school division for any reason and (ii) collect, maintain, and report on the results of each such questionnaire in a manner that ensures the confidentiality of each teacher's name and other personally identifying information. Under current law, such model exit questionnaire for teachers is administered in five school divisions pursuant to a pilot program. The subcommittee recommended that the bill be reported and referred to Appropriations on a vote of 6-3.  The subcommittee recommended that the bill report and refer to Appropriations on a vote of 6-3.

HB 2417 (Turpin) aligns the state review process of underperforming schools and school divisions with the new Standards for Accreditation adopted by the Board of Education (Board). The bill requires the Department of Education to cause an academic or other review to be conducted to assist schools not meeting requirements for school quality indicators established by the Board. The Board may require a local school board to develop a corrective action plan for any such school within its division. The bill requires a school board of a school division that does not demonstrate progress in implementing such corrective action plan to enter into a memorandum of understanding with the Board. The bill also requires the school board of an underperforming school division to enter into a memorandum of understanding with the Board prior to developing a corrective action plan.  The subcommittee recommended that the bill be reported on a vote of 8-1.

HB 2325 (Thomas) requires the Board of Education to include in its regulations that prescribe the requirements for the licensure of teachers and other school personnel required to hold a license procedures for the private reprimand of such license holders. The bill permits the Board of Education to issue private reprimand to any such license holder who knowingly and willfully commits a certain enumerated act relating to secure mandatory tests administered to students. The only express disciplinary actions that are permissible under current law in such a scenario are suspension or revocation of such individual's license. The bill also permits a school board or division superintendent to issue private reprimand to a teacher who breaches his employment contract after the school board or division superintendent declines to grant such teacher's request for release from such contract on the grounds of insufficient or unjustifiable cause. The only express disciplinary action that is permissible under current law in such a scenario is revocation of such teacher's license.  The subcommittee amended the bill to allow for a written reprimand, notice of which must be given to all division superintendents.  The subcommittee recommended that the amended bill be reported on a vote of 7-2. 

HB 2384 (Hope) requires each school board to (i) develop and implement a policy to prohibit the use and distribution of tobacco products and nicotine vapor products on a school bus, on school property, or at an on-site or off-site school-sponsored activity and (ii) include in its code of student conduct a prohibition against possessing tobacco products or nicotine vapor products on a school bus, on school property, or at an on-site or off-site school-sponsored activity. Current law only places these requirements on each school board with regard to electronic cigarettes. The bill requires such policy to include adequate provisions for enforcement among students, employees, and visitors, including the enumeration of possible sanctions or disciplinary action consistent with state or federal law, and referrals to resources to help staff and students overcome tobacco addiction. The bill provides such policies may include procedures for effectively communicating the policy to students, their parents and families, school personnel, visitors on school premises, and local residents, groups, businesses, and other organizations served by the school. The subcommittee recommended that bill for reporting on a vote of 7-2. 

HB 2400 (Roem) requires each local school board that collects information to determine eligibility for participation in the School Breakfast Program or the National School Lunch Program administered by the U.S. Department of Agriculture to establish and post prominently on its website a web-based application for student participation in such program and to continue to provide a paper-based application. The bill permits any school board in establishing such an application to adopt the U.S. Department of Agriculture's Web-Based Prototype Application for Free and Reduced Price School Meals or to digitize its existing paper-based application.  The subcommittee recommended reporting on a vote of 9-0.

HB 2486 (Robinson) requires the Board of Education (Board) to provide for the issuance of a provisional license, valid for a period not to exceed three years, to any individual who has successfully completed the American Board for Certification of Teacher Excellence alternative teacher certification program and who meets the basic conditions for licensure established by the Board pursuant to subsection A of 8VAC20-23-40.  The subcommittee recommended that the bill on a vote of 9-0.

HB 2593 (Rodman) Directs the Board of Education to review and update the health Standards of Learning for students in all grades to include mental health. Legislation passed in 2018 required such review and update for students in grades nine and 10.  The subcommittee recommended that the bill be reported and referred to Appropriations on a vote of 9-0. 

HB 2623 (Ransone) a substitute was adopted which would require the Board of Education to develop a model policy regarding the provision of mental health counseling to students.  The subcommittee recommended reporting the substitute on a vote of 9-0. 

HB 2662 (Landes) directs the Board of Education, in establishing high school graduation requirements, to require students to complete (i) a work experience such as an internship, an externship, or another work-based or service-based learning experience during eleventh or twelfth grade and (ii) a capstone project that aligns with and further develops the knowledge and skills attained through such work experience.  The subcommittee recommended that the bill be reported on a vote of 9-0.

HB 2721 (Freitas) allows a school security officer to carry a firearm in the performance of his duties if, within 10 years immediately prior to being hired by the local school board, he was employed by a law-enforcement agency of the United States or any state or political subdivision thereof and his duties were substantially similar to those of a law-enforcement officer in the Commonwealth. Under current law, only a school security officer who was an active law-enforcement officer in the Commonwealth within 10 years immediately prior to being hired by the local school board may qualify to carry a firearm in the performance of his duties.  The subcommittee recommended that the bill be reported on a vote of 9-0.

Morning Update from the General Assembly - 1/21/19

The House Education Subcommittee # 2 met early this morning and considered the following bills of interest:

HB 2123 (Carroll Foy) would permit each local school board to enter into College and Career Access Pathways Partnerships (Partnerships), currently referred to as agreements, with comprehensive community colleges or other public institutions of higher education or educational institutions that offer a career and technical education curriculum. The bill requires any such Partnership to (i) specify the options for students to take courses as part of the career and technical education curriculum that lead to course credit or an industry-recognized credential, certification, or license concurrent with a high school diploma, (ii) specify the credit, credentials, certifications, or licenses available for such courses, and (iii) permit students to participate in pre-apprenticeship and apprenticeship programs at comprehensive community colleges concurrent with a high school diploma and receive college credit and high school credit for successful completion of any such program. Current law allows local school boards to enter into agreements with such institutions but does not specify course credit as being part of the agreements.  The bill was recommended to be reported and referred to Appropriations on a vote of 8-0.

HB 2589 (Tran) was amended in subcommittee to require the Advisory Board on Teacher Education and Licensure (ABTEL) to make recommendations for licensure of for teachers of CTE and dual enrollment courses.  The subcommittee voted to recommend the bill be reported and referred to Appropriations.

The House Education Committee also met this morning and considered the following bills of interest.

HB 1807 (Bell, R.P.) provides that certain cost-savings agreements between school divisions will remain in effect until terminated by the school divisions. Under current law, such agreements are valid for a period of 15 years.  The patron explained that the bill will impact Highland and Augusta Counties and Rappahannock and Madison Counties, which have cost-savings agreements which will expire absent this legislation.  The Committee reported and referred the bill to Appropriations on a vote of 20-0.

HB 2222 (O'Quinn) 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 bill was amended in Committee to also allow school division advertising material.  The Committee reported the bill 17-2.

HB 1908 (VanValkenburg) would direct 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 bill failed on a vote of 10-10.

HB 1930 (Bell, R.P.) was amended and, as amended, would require (i) the Board of Education to collaborate with various stakeholders to biennially update its guidelines on policies to inform and educate coaches, student-athletes, and student-athletes' parents or guardians of the nature and risk of concussions, criteria for removal from and return to play, risks of not reporting the injury and continuing to play, and the effects of concussions on student-athletes' academic performance and (ii) each local school division to biennially update its policies and procedures regarding the identification and handling of suspected concussions in student-athletes.  The Committee voted to report the bill on a vote of 20-0.

HB 1877 (Convirs-Fowler) was amended in subcommittee to require school divisions to offer high school equivalency programs  on a year-round basis.  The bill failed on a vote of 9-11.

HB 1693 (Rodman) as originally filed would have require any high school family life education curriculum offered by a local school division to include, at least four times during grades 11 and 12, instruction for students with intellectual or developmental disabilities on a variety of topics, including social skills, self-esteem, sexuality, and rights and responsibilities.  A substitute was adopted in subcommittee that would require VDOE to establish guidelines for developmentally- and age-appropriate instruction related to sexual health, self-restraint, self-protection, respect for personal privacy, and personal boundaries of others for IEP teams to utilize when developing IEPs.  The substitute would also require IEP teams to consider such guidelines when developing IEPs  for students with disabilities.  The Committee reported the bill on a vote of 13-7.

HB 1619 (Thomas) would expand eligibility for services under the Children's Services Act to students who transfer from an approved private school special education program to a public school special education program established and funded jointly by a local governing body and school division located within Planning District 16 for the purpose of providing special education and related services when (i) the public school special education program is able to provide services comparable to those of an approved private school special education program and (ii) the student would require placement in an approved private school special education program but for the availability of the public school special education program.  The Committee reported and referred the bill to Appropriations on a vote of 19-1.

HB 1710 (Krizek) would require the Board of Education to make regulations to require each new public school bus purchased for the transportation of students to be equipped with a seat belt consisting of a lap belt and shoulder strap or harness in every seat. The bill requires each school board to ensure that no later than July 1, 2037, each school bus that it uses for the transportation of students is equipped with a seat belt in every seat.  The Committee voted to report and refer the bill Appropriations on a vote of 13-8.

HB 1724 (Krizek) would establish the Grow Your Own Teacher Pilot Programs Fund and permits the Department of Education to award grants from such fund to local school boards to establish Grow Your Own Teacher Pilot Programs whereby the local school board provides scholarships not to exceed $7,500 per academic year for attendance at a baccalaureate institution of higher education in the Commonwealth to any individual who (i) graduated from a public high school in the local school division, (ii) was eligible for free or reduced price lunch throughout the individual's attendance at a public high school in the local school division, and (iii) commits to teach, within three years of graduating from the baccalaureate institution of higher education in the Commonwealth and for a period of at least four years, at a public high school at which at least 50 percent of students qualify for free or reduced price lunch in the school division in which such individual graduated from high school. The bill provides that in the event that any program scholarship recipient fails or refuses to comply with such teaching obligation, the sum of all scholarship funds received by such individual shall be converted to a loan that is subject to repayment with interest. The bill has an expiration date of July 1, 2024.  The bill was amended in subcommittee to apply only to Longwood University.   The Committee voted to report and refer the bill Appropriations on a vote of 18-3.

HB 1623 (Cole) would permit any student whose parent has received orders to relocate to a duty station in the Commonwealth to register for courses and other academic programs and participate in the lottery process for charter schools and college partnership laboratory schools in the school division in which such student will reside at the same time and in the same manner as students who reside in the local school division. The bill requires each such student to provide to the school board proof of residency in the local school division no later than 10 days after his parent establishes such residency.  The Committee voted to report and refer the bill to Appropriations on a vote of 20-0.

HB 1788 (Ransone) would require the Public School Records Consortium and the Records Oversight Committee to confer with school boards and division superintendents and submit to the Chairmen of the House Committee on Education and the Senate Committee on Education and Health no later than November 1, 2019, recommendations on ways in which school boards and school board employees can better promote efficiency and cost-effectiveness in the implementation of the Virginia Public Records Act.  The Committee voted to report the bill on a vote of 22-0.

Thursday Update from the General Assembly

This morning the Senate Education and Health Committee met and considered the following bills of interest: 

SB 1142 (Favola) requires the Board of Education to establish the State School Health Advisory Committee, consisting of no more than 20 nonlegislative citizen members, to advise the Board, the Governor, and the General Assembly on (i) the role of employees in public elementary or secondary schools in providing health care services at such schools and (ii) the need for any training associated with delivery of health care services.  The Committee voted unanimously to report the bill.

SB 1141 (Favola) would require the Board of Education, in its curriculum guidelines for family life education, to include instruction on the prevention of human trafficking. Additionally, the bill requires any high school family life education program offered in a local school division to incorporate age-appropriate elements of effective and evidence-based programs on the prevention of human trafficking.  The Committee voted unanimously to report the bill.

SB 1159 (Black)  requires 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 harmful physical and emotional effects of female genital mutilation, associated criminal penalties, and the rights of the victim including any civil action.  The Committee voted unanimously to report the bill.

SB 1275 (Black) requires any school board that offers a Junior Reserve Officers Training Corps program to make the program available to any student who receives home instruction and resides in the local school division. The bill is particularly problematic because it prohibits any such school board from requiring any such student to enroll on a full or part-time basis or to meet other eligibility requirements for such a program beyond those required of public school students.  Because the students would not be required to enroll, the school division would receive no state or local funds for the additional students participating in the program.  The Committee voted to report the bill on a 9-5 vote.

SB 1236 (DeSteph) requires school boards to adopt and implement policies to ensure employees have equal access to education employee.  The bill is troubling because, among other things, it would remove the discretion of the local school board or superintendent to decide what groups are permitted to attend new teacher or employee orientations.  The Committee voted to report the bill on an 8-4 vote.

SB 1295 (Spruill) requires each school board to (i) develop and implement a policy to prohibit the use and distribution of tobacco products and nicotine vapor products on a school bus, on school property, or at an on-site or off-site school-sponsored activity and (ii) include in its code of student conduct a prohibition against possessing tobacco products or nicotine vapor products on a school bus, on school property, or at an on-site or off-site school-sponsored activity. Current law only places these requirements on each school board with regard to electronic cigarettes. The bill requires such policy to include adequate provisions for enforcement among students, employees, and visitors, including the enumeration of possible sanctions or disciplinary action consistent with state or federal law, and referrals to resources to help staff and students overcome tobacco addiction. The bill provides such policies may include procedures for effectively communicating the policy to students, their parents and families, school personnel, visitors on school premises, and local residents, groups, businesses, and other organizations served by the school.  The Committee voted to report the bill on a vote of 11-3.

SB 1397 (Peake) requires the Board of Education to issue a license to an individual seeking initial licensure who has not completed the professional assessments prescribed by the Board, if such individual (i) holds a provisional license that will expire within three months, (ii) is employed by a school board, (iii) is recommended for licensure by the division superintendent, (iv) has attempted, unsuccessfully, to obtain a qualifying score on the professional assessments prescribed by the Board, (v) has received an evaluation rating of proficient or above on the performance standards for each year of the provisional license and such evaluation was conducted in a manner consistent with the Guidelines for Uniform Performance Standards and Evaluation Criteria for Teachers, Principals, and Superintendents, and (vi) meets all other requirements for initial licensure. The bill removes the requirement that the Board of Education prescribe an assessment of basic skills for individuals seeking entry into an approved education preparation program and establish a minimum passing score for such assessment.  The Committee voted unanimously to report the bill.

SB 1433 (McClellan) requires the Department of Education to aggregate and report to each education preparation program certain teacher employment data, as available, regarding such program's graduates.  The Committee voted unanimously to report the bill.

SB 1440 (McClellan) directs the Board of Education to review and update the health Standards of Learning for students in all grades to include mental health. Legislation passed in 2018 required such review and update for students in grades nine and 10.  The Committee voted unanimously to report the bill.

SB 1608 (Dunnavant) requires the Virginia Fusion Intelligence Center (the Center) to develop or obtain a school safety mobile application to (i) facilitate the provision of real-time, 24 hours a day, seven days a week crisis intervention services by licensed clinicians, including support or crisis counseling, suicide prevention, and referral services to students and youth in the Commonwealth through calls, texts, and online chats and (ii) provide to students and youth in the Commonwealth a platform that is capable of receiving text, audio, images, or video to furnish information concerning a suspected, anticipated, or completed criminal violation. The Center shall coordinate with the Department of Medical Assistance Services to contract with a third-party to provide such crisis intervention services.  The Committee voted unanimously to report the bill.

This afternoon, the Senate Education and Health Public Education Subcommittee met and considered the following bills:

SB 1218 (Newman) was amended with a substitute in subcommittee.  The substitute would require end of course SOL assessments be administered to students in grades 9-12 in reading, writing, mathematics, biology, and Virginia and U.S. history.  The assessments cannot be performance-based assessments.  The bill also provides that the writing assessment include a writing sample.  The bill also requires that the Board of Education establish guidelines to ensure that other (non-SOL) assessments produce quantifiable metrics that are comparable across school divisions and years.  The bill further requires that Board of Education to include in its graduation requirements a requirement that students earn verified credits in reading, writing, mathematics, science and Virginia and U.S. History.  The committee recommended the bill for reporting unanimously.

SB 1138 (Favola) was amended in subcommittee.  The amended bill would allow a local school board, when applying for its school division to be designated as a School Division of Innovation, to apply to the Board of Education (the Board) to replace certain Standards of Learning assessments with performance-based assessments. The bill requires the Board to determine if the local school board has the capacity to administer and score performance-based assessments and provides criteria for such determination. The bill requires any proposed performance-based assessment to be an adequate replacement of the relevant Standards of Learning assessment and requires students to demonstrate the knowledge and skills required by the relevant Standards of Learning and one or more of critical thinking, creativity, collaboration, communication, or citizenship. The standards of learning assessments eligible for replacement are (i) Virginia Studies, (ii) Civics and Economics, (iii) elementary school science, and (iv) middle school science. The bill further requires the Board to promulgate any necessary regulations and to submit to the U.S. Department of Education any necessary amendments to its consolidated state plan.  The subcommittee failed to report the bill on a vote of 2-3. 

SB 1348 (Newman) would require the Department of Education, in consultation with representatives from pertinent industries such as renewable energy, natural gas, nuclear energy, coal, and oil, to establish an energy career cluster. The bill requires the Department of Education to base the knowledge and skill sets contained in such energy career cluster on the energy industry competency and credential models developed by the Center for Energy Workforce Development in partnership with the U.S. Department of Labor. The bill further requires the Department of Education to report to the Chairmen of the House Committee on Education and the Senate Committee on Education and Health no later than December 1, 2019, on its progress toward establishing such energy career cluster.  The subcommittee recommended the bill be reported unanimously. 

SB 1472 (Deeds) would require each school board to adopt and implement policies that require each teacher and other relevant personnel, as determined by the school board, employed on a full-time basis, to complete a Mental Health First Aid training or similar program. The bill requires each school board to provide such training and provides that a school board may contract with the Department of Behavioral Health and Developmental Services, a community services board, a behavioral health authority, a nonprofit organization, or other certified trainer to provide such training. The subcommittee failed to report the bill on a vote of 2-3. 

SB 1419 (Sturtevant) would permit the Department of Education to establish a microcredential program for the purpose of permitting any public elementary or secondary school teacher who holds a renewable or provisional license or any individual who participates in any alternate route to licensure program to complete additional in-person or blended coursework and earn microcredentials in science, technology, engineering, and mathematics (STEM) endorsement areas, including computer science, for which there is a high need for additional qualified teachers. The bill requires the Department of Education to establish a microcredential committee to determine how any microcredential awarded pursuant to any such program will be used to award add-on endorsements and certifications for teachers in such STEM endorsement areas. The bill provides certain conditions in which in-person coursework in a microcredential program not contributing to an endorsement is eligible for professional development points towards the renewal of a teaching license.  The subcommittee recommended that the bill be reported unanimously.

SB 1545 (Sturtevant) would allows a school board to adopt an alternative accountability process to provide a principal and parties involved in an incident involving assault or assault and battery without bodily injury that occurs on a school bus, on school property, or at a school-sponsored event an option to enter into a mutually agreed upon mediation process between the involved parties as an alternative to reporting such incident to law enforcement. The bill requires a principal in a school division with such a process to attempt to engage the parties involved in such an incident in the alternative accountability process prior to reporting such incident to the local law-enforcement agency. The bill prohibits a principal from reporting such an incident when the parties successfully complete the alternative accountability process.  VSBA proposed amendments to the bill that make the provisions of the bill permissive rather than mandatory, which Sen. Sturtevant and the subcommittee accepted.  The amended bill was unanimously recommended for reporting.

SB 1632 (Sturtevant) would require local school boards to adopt and implement policies permitting a student who has been issued a valid written certification for the use of cannabidiol oil or THC-A oil to use such oils while at school. The bill prohibits a school board from suspending or expelling such a student for such use. The bill prohibits a school nurse employed by a local school board, person employed by a local health department who is assigned to the public school pursuant to an agreement between the local health department and the school board, or other person employed by or contracted with a local school board to deliver health-related services from being prosecuted for possession or distribution of cannabidiol oil or THC-A oil or for storing, dispensing, or administering cannabidiol oil or THC-A oil, in accordance with the policy adopted by the local school board, to a student who has been issued a valid written certification for its use. Finally, the bill requires the Department of Health Professions, in coordination with the Department of Education, to develop and make available to school boards, a standardized form to be completed by the certification issuing physician and the dispensing pharmaceutical processor.  The bill was recommended for reporting unanimously.

SB 1591 (Dunnavant) would direct the Virginia Center for School and Campus Safety (the Center) to convene a work group to develop guidelines and best practices for the sharing of information between a local school board or public institution of higher education and law enforcement regarding a student whose behavior may pose a threat to the safety of a school or institution or the community. Such guidelines and best practices shall seek to balance the interests of safety and student privacy and shall be consistent with the provisions of the federal Family Educational Rights and Privacy Act and Health Insurance Portability and Accountability Act, as applicable. The bill requires the Center to develop such guidelines and best practices, report to the Chairmen of the House Committee on Education and the Senate Committee on Education and Health, and make such guidelines available to local school boards, public institutions of higher education, law enforcement, and the public by October 1, 2019.  The bill was recommended for reporting unanimously.

SB 1590 (Dunnavant) would requires that the Virtual Virginia program, the statewide electronic classroom established by the Department of Education, be made available to all public schools. Currently, the program is available only to high schools. The bill requires the Department to utilize a learning management system for the purposes of implementing Virtual Virginia. The bill also authorizes the Department to charge a per-student fee to school divisions for each student enrolled in a full-time Virtual Virginia program beyond an initial allotment of 15 such students per school division and prohibits the Department from limiting the total number of such students by school division.  The bill was recommended to report of a vote of 3-1-1.

SB 1406 (Dance) would change the name of guidance counselors to school counselors and require school boards to employ school counselors in accordance with the following ratios: (i) effective with the 2019-2020 school year, in elementary schools, one hour per day per 75 students, one full-time at 375 students, one hour per day additional time per 75 students or major fraction thereof; in middle schools, one period per 65 students, one full-time at 325 students, one additional period per 65 students or major fraction thereof; in high schools, one period per 60 students, one full-time at 300 students, one additional period per 60 students or major fraction thereof; (ii) effective with the 2020-2021 school year, in elementary schools, one hour per day per 60 students, one full-time at 300 students, one hour per day additional time per 60 students or major fraction thereof; in middle and high schools, one period per 55 students, one full-time at 275 students, one additional period per 55 students or major fraction thereof; and (iii) effective with the 2021-2022 school year, in elementary, middle, and high schools, one hour per day per 50 students, one full-time at 250 students, one additional hour per day per 50 students or major fraction thereof.  The subcommittee recommended the bill be reported and re-referred to the Finance Committee.

SB 1392 (Wagner) would direct the Board of Education to establish the Standards of Achievement Career and Technical Education Committee (Committee) to make recommendations to the General Assembly and the Board of Education to facilitate the development of career and technical education Standards of Achievement, including accreditation standards, assessment testing, and course content and curriculum for participating schools, with a focus on (i) rigorous standards and course content and curriculum that align workforce skills with industry-recognized standards; (ii) robust business and industry engagement and responsiveness to labor market needs; (iii) strategies to remove the stigma from career and technical education, including early exposure to career options and life skills; (iv) work-based learning and apprenticeships; (v) innovative high school models; and (vi) leveraging existing resources and programs in the Commonwealth. The Committee shall identify any necessary changes to statutory and regulatory provisions, including existing requirements regarding (a) instructional programs; (b) instructional, administrative, and, support personnel; (c) accreditation; (d) assessments; (e) graduation requirements; (f) teacher licensure; and (g) dual enrollment. The bill requires the Committee to report its findings and recommendation to the General Assembly and the Board of Education by November 1, 2019. The subcommittee recommended the bill be reported and re-referred to the Finance Committee.

SB 1629 (McPike) would Require each local school board to submit its plan to test and remediate certain potable water sources and report the results of any such test to the Department of Health. The subcommittee unanimously voted to recommend that the bill be reported.