Monday, January 28, 2019

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.