Wednesday, December 16, 2020

Governor Unveils Budget Recommendations

Governor Ralph S. Northam presented his budget adjustment recommendations at a meeting of the Joint Money Committees (Senate Finance and Appropriations, House Appropriations, and House Finance) of the Virginia General Assembly this morning. Northam's revised budget includes investments in public education, pandemic vaccine delivery and recovery, and the state's reserve fund. 

In his speech, the Governor announced the December revenue report includes an additional forecast of $1.2 billion over the report received by legislators in August prior to the General Assembly's Special Session. "The plan I will present to you today is intended to help Virginians navigate the next phase of the crisis, and perhaps, its final months," Northam stated. "It will position us to recover as quickly as possible as we rebuild our economy in a post-pandemic world. And it’s about advancing the progressive agenda that we all embarked upon together a year ago."

The Governor's budget proposes over $500 million to hold school divisions harmless for enrollment loss in public schools that has occurred due to the COVID-19 pandemic. School division instructional and support staff would receive a one-time 2% bonus. The Governor added he would like to turn this 2% bonus into a permanent raise if revenue forecasts continue to show healthy tax collections in the months ahead. Recognizing the important role school counselors will have as students return to in-person learning, the Governor proposed $21.6 million to fund a school counselor ratio of 1:325.

The Governor is also proposing nearly $100 million to pay off deferred contributions from the 2008 recession into the VRS Teacher Plan and to pay down retired health credit and Other Post Employment Benefit liabilities for teacher and state plans.

Other Highlights of the Governor's Proposed Revisions to the Budget include:

  • $650 million toward the state’s revenue reserves
  • $90 million toward COVID-19 vaccination preparation and delivery
The budget revisions proposed to the General Assembly today will be considered by lawmakers when they return for their 2021 session on January 13th. At the present time, this session is slated for 30 days, but lawmakers can extend the session for 15 days if enough lawmakers agree when the Senate and House convenes in January.

The VSBA Government Relations team will continue to monitor the budget and legislative developments as session approaches. If you have any questions, please contact VSBA Government Relations Specialist, J.T. Kessler, at jason@vsba.org.   

Monday, December 14, 2020

JLARC Releases Virginia K-12 Special Education Findings

The Virginia Joint Legislative Audit and Review Commission released its findings on K-12 Special Education in the Commonwealth on Monday morning during a joint committee meeting of members of the Senate of Virginia and the Virginia House of Delegates. The findings of the JLARC study are a result of a 2018 request by the General Assembly to conduct a review of K–12 special education services. The goal of the study was to examine the processes used by school divisions to enroll students in special education, to determine the services needed by students with disabilities, and to provide needed services, as well as to review the effectiveness of VDOE in its supervisory role.

A summary of the studies findings can be found by clicking here.

The findings from the study reveal:

  1. Graduation rates for students with disabilities have increased between 2008 and 2018, but African-American students with disabilities were less likely to graduate than students with disabilities in other races.
  2. Enrollment in special education varies across Virginia school divisions, both overall and by disability.
  3. IEPs are not consistently designed to be effective and reliable guides for special education services.
  4. Shortcomings in post-high school transition planning require VDOE intervention.
  5. “Applied studies diploma” for students with disabilities does not help students access future opportunities and is not well understood.
  6. Despite emphasis on inclusion, Virginia does not prepare general education teachers or administrators with necessary special education-related skills.
  7. School divisions rely on under-prepared teachers to fill gaps in special education teaching positions.
  8. VDOE’s handling of complaints against school divisions does not ensure all problems are resolved.
  9. VDOE’s ongoing monitoring is too limited. 
In response to the findings, JLARC staff made the following recommendations to members of the General Assembly for possible legislative action:
  • Direct VDOE to conduct a targeted review, in the near term, of the transition sections of student IEPs to identify improvements needed to student transition planning, and direct VDOE to develop a robust statewide plan for improving transition planning for students with disabilities. 
  • Require school divisions to provide a draft IEP to parents at least two business days in advance of the IEP team meeting, but only if a draft IEP is developed in advance of the meeting. 
  • Direct VDOE and the Board of Education to develop and implement statewide criteria for the applied studies diploma and require local school divisions to more fully explain the limitations of this diploma to families. 
  • Direct the Board of Education to review and update regulations governing K–12 teacher preparation programs to require that graduates are proficient in teaching students with disabilities and require teachers seeking license renewal to complete training in instructing students with disabilities. 
  • Direct the Board of Education to review and update regulations governing administrator preparation programs to require that graduates demonstrate comprehension of key aspects of special education.
  • Direct VDOE to develop and maintain a data-driven statewide strategic plan for recruiting and retaining special education teachers. 
  • Direct VDOE to revise its handling of special education complaints to require that school divisions carry out corrective actions that fully and appropriately remedy any found instances of school non-compliance. 
  • Direct VDOE to develop and implement a robust plan to improve the effectiveness of its supervision and monitoring of special education. 

To read the entire report and to review the presentation made to the joint legislative committee, click here.

If you have any questions regarding the study report released by JLARC, please contact VSBA Government Relations Specialist J.T. Kessler at jason@vsba.org.

Wednesday, October 21, 2020

Legislation Requiring School Boards to Post COVID-19 Mitigation Strategies on Division Website Signed by Governor Northam

Governor Ralph S. Northam signed Senate Bill 5083 (McClellan) into law requiring each school board to post in a publicly accessible and conspicuous location on its website the plan outlining its strategies for mitigating the spread and public health risk of the COVID-19 virus, consistent with the Centers for Disease Control and Prevention and Virginia Department of Health mitigation recommendations, that the school board is required to submit to the Department of Education before reopening schools in accordance with Phase II and III guidelines pursuant to the June 8, 2020, order of the State Health Commissioner. 

If you have any questions regarding this legislation, please contact VSBA Government Relations Specialist at jason@vsba.org.

Thursday, September 24, 2020

Senate Finance and Appropriations Meeting- September 24, 2020

The Senate Finance and Appropriations Committee met this afternoon to consider the remainder of House passed legislation still remaining on the docket. No public comment on legislation was taken by the Committee, but the VSBA Government Relations team provided members with concerns regarding HB 5028 (Jones) which would have established a presumption that COVID-19, causing the death or disability of firefighters, emergency medical services personnel, law-enforcement officers, first responders, health care providers, and school board employees is an occupational diseases compensable under the Workers' Compensation Act. The provisions of this bill would have been retroactive to January 1, 2020.

Committee members expressed deep concern over the costs associated with this legislation, including the potential $70 million price tag for local school boards. Senator Steve Newman (R-Bedford), motioned the bill be Passed by Indefinitely (PBI). With a unanimous vote, the Senate Finance and Appropriations Committee approved the motion to PBI House Bill 5028.

VSBA believes similar legislation will be part of the House Democrats legislative agenda during the 2021 Regular Session.

Tuesday, September 22, 2020

Virginia Board of Education Meeting Recap

On September 16th and 17th, the Virginia Board of Education (VBoE) met virtually for their scheduled special committee work session and regular business meeting. A recap of the Board's actions can be found at the link below.

September Meeting Report

Senate Education and Health Committee Meeting- September 22, 2020

The Senate Education and Health Committee met and considered the following piece of legislation of interest to school boards in Virginia:

HB 5113 (Roem) Certain school boards; student meals; participation in the Community Eligibility Provision. Requires each school board that governs a local school division that contains any public elementary or secondary school that is eligible to participate in the Community Eligibility Provision (CEP) administered by the U.S. Department of Agriculture Food and Nutrition Service (FNS) to apply to FNS to participate in CEP for each such school. The bill provides that the Superintendent for Public Instruction shall issue a waiver to this requirement upon determination that participation in CEP is not financially viable for a school or group of schools. The Department of Education shall develop a process and criteria for evaluating such waiver requests. This bill was reported by a unanimous vote of the committee.

Wednesday, September 16, 2020

Senate Commerce and Labor Committee Meeting- September 16, 2020

The Senate Commerce and Labor Committee met this morning and took action on the following pieces of legislation:

HB 5028 (Jones) Workers' compensation; presumption of compensability for COVID-19. This bill did not receive a hearing and was sent to the Senate Committee on Finance and Appropriations.

A similar bill, SB 5066 (Saslaw), was heard in the Senate Finance and Appropriations committee last week. SB 5066 was Passed by for the Day as members expressed their concerns over the unknown fiscal impact on the legislation and questioned whether it would deter school divisions from returning to in-person instruction. Committee Chair, Senator Janet Howell (D-Fairfax), announced at last week's meeting that no other Senate bills would be heard by the committee during the Special Session which likely tabled SB 5066. 

The VSBA Government Relations team will continue to monitor both SB 5066 and HB 5028 and report back on the latest developments.

The Senate Commerce and Labor Committee also heard HB 5116 (Guzman). This legislation would have guaranteed quarantine leave pay for individuals, or individuals caring for family members who have contracted COVID-19, or who may be self quarantining due to a potential exposure to the virus. The legislation was Passed by Indefinitely by a unanimous vote of the committee.

Saturday, September 12, 2020

Special Session Update

State lawmakers are finishing their fourth week of the Special Session of the Virginia General Assembly with the Senate of Virginia having cleared its committee dockets of legislation sponsored by Senate members. Senate Finance and Appropriations Chair, Senator Janet Howell (D-Fairfax) announced at the conclusion of the committee's meeting on Wednesday, September 9, 2020 that the committee would hear no more Senate bills, effectively tabling any legislation from the Senate that did not receive committee approval.

During Wednesday's committee meeting, Senate members heard a proposed substitute to SB 5066 (Saslaw). This legislation was originally filed to deem COVID-19 as an occupational disease which would allow firefighters a presumption of contracting the virus while at work. In the committee process, the legislation was expanded to cover additional employee classifications including teachers that provide at least two days of in-person instruction. VSBA monitored this legislation and provided Senate Finance and Appropriations Committee members and staff with concerns regarding this legislation. 

SB 5066 was Passed by for the Day by the committee as members expressed their uneasiness with the cost of this legislation. Senator Chap Petersen (D-Fairfax City), additionally voiced opposition over his worry that if the bill passed that many schools would not return to in-person instruction. With Senator Howell's announcement that the committee was through with hearing Senate bills, the committee's action of Passing the Bill by for the Day effectively tabled the legislation. VSBA will continue to work with committee members and staff as the Special Session continues.

The VSBA Government Relations team is also closely monitoring two pieces of legislation that has passed in the House of Delegates. HB 5028 (Jones), establishes a presumption that COVID-19 causing the death or disability of firefighters, emergency medical services personnel, law-enforcement officers, first responders, health care providers, and school board employees is an occupational diseases compensable under the Workers' Compensation Act. The provisions of this bill would be retroactive to January 1, 2020. This legislation differs from SB 5066 as it includes "all school board employees" in its provisions whereas the Senate bill only included teachers who provided two or more days of in-person instruction.

A second bill, HB 5116 (Guzman), requires public and private employers to provide eligible employees 14 days of paid quarantine leave. The bill provides that such paid quarantine leave is available for immediate use by the employee, regardless of how long the employee has been employed by the employer. Similar bills were filed in the Senate but failed to report from committee. 

We anticipate lawmakers to reveal their plans for budget revisions due to the COVID-19 pandemic's impact on the economy soon. It remains to be seen if budget writers will address the reduction in sales tax revenue to school divisions or loss of enrollment funding. 

The VSBA Government Relations team has worked throughout the Special Session to inform lawmakers in both chambers of the legislature of our concerns, support, or opposition to pending legislation. We will continue to monitor the referenced legislation, as well as any additional legislation that impacts our school board members and Alert members when it is necessary to contact your Senator or Delegate. 

Friday, September 11, 2020

August General Fund Numbers Announced

The Northam Administration announced yesterday that August General Fund revenue collections decreased 0.2 percent from the previous year.

“Despite trying economic conditions, collections from payroll withholding and sales taxes remained steady,” said Governor Northam. “We look forward to September’s receipts, which will provide more insight into Virginia’s financial picture.” 

With one less deposit day than August of last year, collections of payroll withholding taxes decreased 4.0 percent in August. Collections of sales and use taxes, reflecting July sales, grew 1.2 percent in August. Recordation taxes from real estate transactions increased by 31.3 percent.  

On a year-to-date basis, collections of payroll withholding taxes—64 percent of General Fund revenues—were down 1.9 percent, below the annual estimate of a 2.4 percent increase. Sales tax collections—16 percent of General Fund revenues—grew 15.0 percent year-to-date, ahead of the forecast of a 9.7 percent decline. On a fiscal year-to-date basis, total revenue collections rose 11.6 percent in August, above the annual forecast of a 1.8 percent decline. 

The full report is available here.

Wednesday, September 2, 2020

General Assembly Seeks Input on Paid Family and Medical Leave

The Virginia General Assembly is studying the development and implementation of a statewide paid family and medical leave program for all employers. Part of the study includes getting feedback from both employees and employers through an online survey.

Responses provided before September 11, 2020 will be used to help develop recommendations for the 2021 General Assembly session. Please consider participating in this important process!

The survey is located at https://vccsedu.az1.qualtrics.com/jfe/form/SV_7aEFsGGJ2w6ihN3

Senate Finance and Appropriations Committee Meeting- September 2, 2020

The Senate Finance and Appropriations Committee met on September 2, 2020 to discuss the following legislation of interest to school boards in the Commonwealth. Once the meeting is posted in the Senate archives, it can be viewed by clicking here.

SB 5004 (Kiggans) School personnel; school nurses. Excludes school nurse positions from requirements for student support positions and instead requires each local school board to employ at least one full-time equivalent school nurse position in each elementary school, middle school, and high school in the local school division. It was the preference of the committee to Pass By Indefinitely this legislation by a vote of 14-1.

SB 5069 (Ruff) Public schools; declared state of emergency; average daily membership. Provides that in the event that a declared state of emergency causes a disruption in the provision of in-person instruction for students that affects the calculation of average daily membership in a local school division as of March 31 in any school year, such membership shall consist of the greater of the average daily membership as of March 31 in the affected school year and the average daily membership as of March 31 in the immediately preceding school year. It was the preference of the committee to Pass By Indefinitely this legislation by a vote of 8-6.

SB 5094 (Dunnavant) School boards; teachers; paid leave; COVID-19; emergency. Requires each school board to provide to each teacher in the local school division up to 14 days of paid leave, in addition to any other paid leave to which such individual is otherwise entitled, that may be used in the event that the teacher (i) has been exposed to the COVID-19 virus and is required to self-quarantine, (ii) contracts COVID-19, or (iii) is required to provide care for a family member who contracts COVID-19. The bill contains an emergency clause. It was the preference of the committee to Pass By Indefinitely this legislation by a vote of 14-0.

Tuesday, September 1, 2020

USDA Extends Waivers Through December 31, 2020

Yesterday, U.S. Secretary of Agriculture Sonny Perdue announced the U.S. Department of Agriculture (USDA) will extend several flexibilities through as late as December 31, 2020. The flexibilities allow summer meal program operators to continue serving free meals to all children into the fall months. This decision will help ensure – no matter what the situation is on-the-ground – children have access to nutritious food as the country recovers from the COVID-19 pandemic.

To read the full release from the USDA click here

House Appropriations Committee Meeting- August 31, 2020

The House Appropriations Committee met virtual yesterday afternoon and considered the following pieces of legislation of interest to school boards in the Commonwealth. If you have any questions, please contact J.T. Kessler at jason@vsba.org. To review a recording of the committee's proceedings, click here.

HB 5028 (Jones) Workers' compensation; presumption of compensability for COVID-19. Establishes a presumption that COVID-19 causing the death or disability of firefighters, emergency medical services personnel, law-enforcement officers, first responders, health care providers, and school board employees is an occupational diseases compensable under the Workers' Compensation Act. The provisions of the bill will be effective retroactive to January 1, 2020. This bill was reported with amendment to the floor by a vote of 14-8.

HB 5113 (Roem) Certain school boards; student meals; participation in the Community Eligibility Provision. Requires each school board that governs a local school division that contains any public elementary or secondary school that is eligible to participate in the Community Eligibility Provision (CEP) administered by the U.S. Department of Agriculture Food and Nutrition Service (FNS) to apply to FNS to participate in CEP for each such school. The bill was reported to the floor with amendment by a vote of 22-0.



Monday, August 31, 2020

Special Session Week 3 Begins

The third week of Virginia's General Assembly Special Session begins today without a clear picture of when lawmakers will adjourn until January. Last week, leadership in the Senate of Virginia announced that no more bills filed in the Senate will be brought before committees for hearing. The Senate has been working diligently through legislation filed in the Chamber since it convened on August 18. A vast majority of legislation waiting for approval is in the Senate Finance and Appropriations Committee where, if acted upon favorably, it will move to the full Senate floor for debate and consideration. We anticipate the Senate Finance and Appropriations Committee to meet later this week upon their return to Richmond.

After a week delay because of disagreements over the Procedural Resolution to conduct the Special Session with the Senate, the House of Delegates began hearing legislation in committee last week. House leadership has yet to convey its timeline for the session. Additionally, it is unknown if a crossover date will be set between the two chambers for legislation to be passed by the respective body it was introduced. 

House members are meeting virtually during this Special Session.

VSBA's Government Relations team is monitoring the developments and testifying on legislation that impacts school boards across the Commonwealth. Please continue to check the blog, Facebook, Twitter, and your email for important Action Alerts on pending legislation being considered by the General Assembly. 

If you have questions, please contact J.T. Kessler at jason@vsba.org.

Wednesday, August 26, 2020

Senate Education and Health Committee Meeting- August 26, 2020

The Senate Education and Health Committee met this morning and considered the following piece of legislation of interest to school boards in Virginia.

SB 5114 (McDougle) School boards; in-person instruction; Internet access; emergency. Requires each school board to make available in-person instruction to each enrolled student when any residential area in the local school division is not capable of receiving Internet access at speeds greater than 10 MBps download speed and one MBps upload speed. The bill contains an emergency clause.

The legislation was Passed by Indefinitely by a vote of 8-6.

House Labor and Commerce Committee Hearing- August 26, 2020

The House Labor and Commerce Committee met this morning and considered the following two pieces of legislation of interest to school boards in Virginia.

HB 5028 (Jones) Workers' compensation; presumption of compensability for COVID-19. Establishes a presumption that COVID-19 causing the death or disability of firefighters, emergency medical services personnel, law-enforcement officers, first responders, health care providers, and school board employees is an occupational diseases compensable under the Workers' Compensation Act. The provisions of the bill will be effective retroactive to January 1, 2020. 

The Committee voted to report and refer this legislation to the House Appropriations Committee 18-4.

HB 5116 (Guzman) Paid quarantine leave. Requires public and private employers to provide eligible employees paid quarantine leave. The bill provides that such paid quarantine leave is available for immediate use by the employee, regardless of how long the employee has been employed by the employer. The bill provides that such paid quarantine leave may be used for (i) an eligible employee's illness or health condition related to the COVID-19 virus; an eligible employee's need for medical diagnosis, care, or treatment of an illness or health condition related to the COVID-19 virus; or an eligible employee's need for preventive medical care related to the COVID-19 virus; (ii) care of a family member with an illness or health condition related to the COVID-19 virus; care of a family member who needs medical diagnosis, care, or treatment of a mental or physical illness or health condition related to the COVID-19 virus; or care of a family member who needs preventive medical care related to the COVID-19 virus; or (iii) or care for oneself or a family member when it has been determined by the health authorities having jurisdiction or by a health care provider that the eligible employee's or family member's presence in the community may jeopardize the health of others because of his exposure to the COVID-19 virus, whether or not the eligible employee or family member has actually contracted COVID-19.

The bill prohibits employers from taking certain retaliatory actions against an employee related to paid quarantine leave or because the employee is ineligible for or has exhausted his paid quarantine leave and is absent from work without compensation for the same purposes an employee may use paid quarantine leave. The bill provides that an employee is authorized to bring a civil action against the employer for violations of the bill's provisions. The bill sunsets upon the expiration of the state of emergency declared by the Governor in response to the COVID-19 pandemic in Executive Order 51 (2020).

The committee voted to report and refer this legislation to the House Appropriations Committee 13-9.

Tuesday, August 25, 2020

Special Session Action Alert: Oppose HB 5028

Action Alert: Oppose HB 5028 (Jones)

Please contact your Delegate and ask them to oppose HB 5028 (Jones). If passed, this legislation would create a presumption that COVID-19 is an occupational disease for school board employees. While VSBA is sensitive to our teachers’ concerns about potential exposure, creating a presumption that COVID-19 is an occupational disease goes too far. 

VSBA opposes this legislation because it is an unfunded mandate that has a potential $80 million dollar price tag for local school divisions. If passed, this legislation will increase legal and administrative burdens on local school boards at a time when budgets are severely strained due to the impact of COVID-19 on the economy.

Schools have been closed since mid-March and most schools remain closed to in-person instruction. Thus, a presumption that a teacher who contracts COVID-19 contracted it at work is nonsensical in the context of remote learning.  Moreover, the retroactive nature of this bill to January 1, 2020 is very problematic.

VSBA asks that you contact your Delegate and urge them to Oppose House Bill 5028.

Click here to find your Delegate!

Friday, August 21, 2020

Clarification regarding HB392 - Hiring of Felons

 In response to questions we have received about HB392, which was passed in the 2020 Regular Session, we are providing the following explanation and clarification of this legislation.  

HB392 made changes to Va. Code § 22.1-296.1, which previously prohibited school boards from employing any person with any felony conviction.  The new law does three things with regard to hiring.

First, the new law requires school boards to include on all employment applications a certification that the application must complete indicating whether the applicant has ever been convicted of any "violent felony" (see Definitions, below); any offense involving the sexual molestation, physical or sexual abuse, or rape of a child; or any crime of moral turpitude (see Definitions, below).  This is different that the certifications previously required so school boards should be sure to update all employment applications to include this new certification.  

Second, the new law prohibits school boards from employing any person who has been convicted of any violent felony or any offense involving the sexual molestation, physical or sexual abuse, or rape of a child.  

Third, the new law allows school boards to employ individuals with felony convictions other than those listed above but only if the individual has had his civil rights restored by the Governor.  Additionally, school boards may also employ individuals who have convictions for misdemeanor crimes of moral turpitude. (This last sentence is not new.)

The new law also makes the same changes to the provisions regarding contractors with employees who have direct contact with students on school property during regular school hours or during school-sponsored activities.  Thus, contractors have to make the same certification as described above and are subject to the same limitations on employing felons as described above.  

Definitions

A "crime of moral turpitude" is a crime involving lying, cheating, or stealing. 

The new law uses the term "violent felony" and refers to Va. Code §19.2-392.02, which includes a very long list of crimes known as "barrier crimes."  These "barrier crimes" include the following: violation of a protective order; murder; felony homicide; manslaughter; malicious wounding by mob; assault or battery by mob; certain street gang crimes;  crimes related to terrorism;  kidnapping; abduction for immoral purpose; threatening attempting or assisting in such abduction; shooting, stabbing, etc. with intent to maim or kill; malicious bodily injury to law-enforcement officers, firefighters, search and rescue personnel, or emergency medical service providers; aggravated malicious wounding; reckless endangerment by throwing objects from places higher than one story; maiming of another resulting from driving while intoxicated; maiming of another resulting from operating a watercraft while intoxicated; strangulation; malicious bodily injury by means of any caustic substance or explosive or fire; possession of infections biological substances or radiological agents; shooting etc. in committing or attempting a felony; use or display of firearm in committing a felony; attempt to poison; adulteration of food, drink, drugs, cosmetics, etc.; bodily injuries caused by prisoners, state juvenile probationers, and state and local adult probationers or adult parolees; hazing of youth gang members, hazing of student at any school, college or university, reckless handling of firearms; allowing access to firearms by children; assault and battery; pointing a laser and a law enforcement officer; disarming a law enforcement or correctional officer; assault and batter against a family or household member; robbery; carjacking; extortion by threat; threats of death or bodily injury; threatening the Governor or his immediate family; stalking; rape, carnal knowledge of minors; carnal knowledge of inmate, parolee, probationer, detainee, or pretrial or post trial offender; forcible sodomy; object sexual penetration; aggravated sexual battery; sexual battery; infected sexual battery; sexual abuse of a child under 15 years of age; attempted aggravated sexual battery; attempted forcible sodomy; attempted object sexual penetration; attempted rape; attempted sexual battery; sexual assault, repeat offender; burning or destroying a dwelling house; burning or destroying a meeting house; burning or destroying any other building or structure; burning or destroying  personal property;  burning a building or structure with intent to commit a felony; threats to bomb or damage buildings or means of transportation; causing or inciting threats to bomb or damage buildings or means of transportation; manufacture, possession, use of fire bombs or explosive materials or devices; setting fire to woods, fences, grass etc.; setting woods etc. on fire intentionally; setting off chemical bombs capable of producing smoke in certain public buildings; carelessly damaging property by fire; discharging firearms or missiles within or at building or dwelling house; willfully discharging firearms in public places; setting spring gun or other deadly weapon; pointing, holding or brandishing a firearm, air or gas operated weapon or object similar in appearance; brandishing a machete or other bladed weapon with intent to intimidate; shooting from vehicles so as to endanger persons; wearing body armor while committing a crime; use of a machine gun for crime of violence; use of machine gun for aggressive purpose; possession of a sawed off shotgun or rifle; possession of firearms while in possession of certain substances; failing to secure medical attention for injured child; prostitution; aiding prostitution; using vehicles to promote prostitution; human trafficking; receiving money for procuring person; receiving money from earnings of prostitutes; commercial sex trafficking; crimes against nature; incest; abuse and neglect of incapacitated adults; indecent liberties with children; indecent liberties with child by person in custodial or supervisory relationship; sex offenses prohibiting proximity to children; sex offenses prohibiting residing in proximity to children; sex offenses prohibiting working on school property; sex offenses prohibiting entry onto school or other property; penetration of mouth of child with lascivious intent; abuse and neglect of children; employing or permitting a minor to assist in production, publication, sale, financing etc. of child pornography; employing or permitting a minor to assist in possession , reproduction, distribution, solicitation and facilitation of child pornography; employing or permitting a minor to assist in use of communication systems to facilitate certain offenses involving children; employing or permitting a minor to assist in display of child pornography or grooming video or materials to a child;  employing or permitting a minor to assist in coercing acceptance of obscene articles or publications; employing or permitting a minor to assist in offense under article 5 of Chapter 8 of Title 18.2 (obscenity and related offenses); employing or permitting a minor to assist in creation of image of another; employing or permitting a minor to assist in unlawful dissemination of sale of images of another; rioting; unlawful assembly; conspiracy, incitement to riot; commission of certain offenses in location in state of riot or insurrection; injury to property or persons by persons unlawfully or riotously assembled; burning cross on property of another or public place with intent to intimidate; burning object on property of another or a highway or other public place with intent to intimidate; placing a swastika on certain property with intent to intimidate; displaying noose on property of another or a highway or other public place with intent to intimidate; paramilitary activity; providing false information or failing to provide registration information; delivery of drugs to prisoners; escape from jail; escapes from juvenile facility;  certain offenses committed within a secure juvenile facility or detention home; escape from jail or custody by force or violence without setting fire; escape from jail or custody without force or violence or setting fire; escape by setting fire to jail; treason; advocacy of change in government by force, violence or other unlawful means; conspiring to incite one race to insurrection against another race; escape of persons committed to facility for sexually violent predators; felonies by prisoners; burglary; entering dwelling house with intent to commit murder, rape, robbery, arson; entering dwelling house with intent to commit larceny, assault and battery or other felony; breaking and entering dwelling house with intent to commit other misdemeanor; entering bank armed with intent to commit larceny; possession of burglarious tools; manufacturing etc, a controlled substance or imitation controlled substance; transporting controlled substance into the Commonwealth; allowing a minor or incapacitated person to be present during manufacture or attempted manufacture of methamphetamine; manufacturing etc. methamphetamine; sale, gift, distribution or possession with intent to sell, give, distribute marijuana; manufacturing etc. any anabolic steroid; possession and distribution of flunitrazepam; possession and distribution of gamma-butyrolactone; 1, 4-butanediol; distribution of certain drugs to persons under 18; sale or manufacture of drugs on or near certain properties; certain premises deemed common nuisance; maintaining a fortified drug house; obtaining drugs, controlled substances by fraud, deceit, or forgery; assisting individuals in unlawfully procuring prescription drugs; possession of controlled substances; any offense set forth in 9.1-902 that results in a requirement to register with the Sex Offender and Crimes Against Minors Registry; and any other felony unless five years have elapsed from the date of the conviction.  

Wednesday, August 19, 2020

Special Session Action Alert! Oppose SB 5004

 Action Alert: Oppose SB 5004 (Kiggans)


SB 5004 (Kiggans) would require local school boards to employ at least one full time registered nurse in each elementary, middle, and high school in their divisions. This legislation is a significant human resource and financial burden on local school boards. 


VSBA opposes this legislation as requiring local school boards to employ a registered nurse in every school within their division is extremely problematic. The number of registered nurses are at critically low numbers across the nation making it difficult to comply with any mandate requiring a full time registered nurse in every school in their division.


VSBA further opposes this legislation due to the significant financial impact such a mandate would place on local school boards to employ additional staff. Local school divisions are operating under tight budgets and continue to face uncertainty over fiscal matters due to the COVID-19 pandemic and its impact on local revenue. 


VSBA asks that you
contact your Senator and urge them to Oppose Senate Bill 5004.


Click here to find your Senator!

Special Session Action Alert! Oppose SB 5094

 Action Alert: Oppose SB 5094 (Dunnavant)

SB 5094 (Dunnavant) would require school boards to provide 14 days of paid leave, in addition to any other paid leave that is already provided, to any teacher who has been exposed to COVID-19 and is required to self-quarantine, who contracts COVID-19, or is required to care for a family member who contracts COVID-19. 

VSBA opposes this legislation because it would impose a significant unfunded mandate on local school boards. 

School Boards are already required by the Regulations of the Board of Education to provide all teachers a minimum of ten days of paid sick leave each year (8 VAC20-460-10).  School boards are also required to allow teachers to accumulate up to 90 days of unused paid sick leave (8 VAC 20-460-20).   

In addition to the paid sick leave school boards are already required to provide, the Federal Families First Coronavirus Response Act (FFCRA) requires school boards to provide an additional two weeks of Emergency Paid Sick Leave. 

Thus, while we are not unsympathetic of the need to take leave to prevent the spread of COVID-19, we believe that there are already ample leave requirements in place.  Adding this additional paid leave is an unnecessary unfunded mandate at a time when local school boards are not able to absorb additional costs.  

VSBA asks that you contact your Senator and urge them to Oppose Senate Bill 5094.


Click here
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Senate Education and Health Committee Meeting- August 19, 2020

The Senate Education and Health Committee met Wednesday, August, 19, 2020 to consider the following pieces of legislation. The committee heard these bills and acted accordingly on each piece of legislation.

SB 5004 (Kiggans) School personnel; school nurses. Excludes school nurse positions from requirements for student support positions and instead requires each local school board to employ at least one full-time equivalent school nurse position in each elementary school, middle school, and high school in the local school division. The bill was reported and referred to the Senate Committee on Finance and Appropriations by a 14-0-1 vote.

SB 5020 (Chase) Public education; voucher program; emergency. Provides that, if a school operates a reduced schedule and the school offers online or virtual learning as a substitute for in-person attendance, it shall deposit a portion of unused funds resulting from the reduced schedule in a voucher account for each student, for use on programs operated by the school division or other educational options, whether public, private, or parochial. This bill was Passed by Indefinitely by a 9-6 vote of the committee.

SB 5021 (Chase) Public schools; mandatory virtual learning; provision of required technology and Internet service; emergency. Provides that if a school board requires students to engage in virtual learning for any reason, whether full time or part time, and a computer and Internet service to connect to the curriculum is required, then the school board must provide appropriate technology devices to every student enrolled in the school system so they may access the learning platform. Additionally, the bill requires school boards to provide adequate Internet service to a student's household at no cost if a student's family income is below 125 percent of the federal poverty guidelines. The bill contains an emergency clause. This bill was Passed by Indefinitely by a 9-5-1 vote of the committee.

SB 5028 (Newman) Emergency Services and Disaster Law; State Board of Health; emergency orders and regulations; authority over public and private elementary and secondary schools. Prohibits the Governor from issuing any rule, regulation, or order pursuant to his powers under the Emergency Services and Disaster Law affecting the operation of any public or private elementary or secondary school in the Commonwealth. The bill also prohibits the State Board of Health from making any emergency order or regulation affecting the operation of any public or private elementary or secondary school in the Commonwealth. No action was taken on this bill.

SB 5068 (Peake) Student safety drills and student health screenings; waiver; emergency. Permits any school board to waive any mandatory student safety drill and any mandatory student health screening until such time as the General Assembly reconsiders such waivers during the 2021 regular session of the General Assembly. The bill contains an emergency clause. This bill was reported favorably by the committee by a vote of 15-0.

SB 5069 (Ruff) Public schools; declared state of emergency; average daily membership. Provides that in the event that a declared state of emergency causes a disruption in the provision of in-person instruction for students that affects the calculation of average daily membership in a local school division as of March 31 in any school year, such membership shall consist of the greater of the average daily membership as of March 31 in the affected school year and the average daily membership as of March 31 in the immediately preceding school year. This bill was reported and referred to the Senate Committee on Finance and Appropriations by a vote of 15-0.

SB 5083 (McClellan/Hashmi) School boards; websites; COVID-19 virus mitigation plan; emergency. Requires each school board to post in a publicly accessible and conspicuous location on its website the plan outlining its strategies for mitigating the spread and public health risk of the COVID-19 virus, consistent with the Centers for Disease Control and Prevention and Virginia Department of Health mitigation recommendations, that the school board is required to submit to the Department of Education before reopening schools in accordance with Phase II and III guidelines pursuant to the June 8, 2020, order of the State Health Commissioner. The bill contains an emergency clause. This bill was reported favorably by the Committee by a vote of 14-0.

SB 5093 (Dunnavant) Virtual Virginia; community college dual enrollment courses; emergency. Requires the Department of Education to make community college dual enrollment courses for students in grades 11 and 12 available through the Virtual Virginia program. The bill directs the Department of Education to prioritize the provision of community college dual enrollment courses that are included in the Passport Program, the Uniform Certificate of General Studies Program, and courses that lead to workforce credentials. The bill contains an emergency clause. This bill was Passed by Indefinitely by a 8-7 vote.

SB 5094 (Dunnavant) School boards; teachers; paid leave; COVID-19; emergency. Requires each school board to provide to each teacher in the local school division up to 14 days of paid leave, in addition to any other paid leave to which such individual is otherwise entitled, that may be used in the event that the teacher (i) has been exposed to the COVID-19 virus and is required to self-quarantine, (ii) contracts COVID-19, or (iii) is required to provide care for a family member who contracts COVID-19. The bill contains an emergency clause. This bill was reported and referred to the Senate Committee on Finance and Appropriations by a vote of 13-1-1.

SB 5095 (Dunnavant) Rapid diagnostic testing; essential workers; emergency. Requires that when the Commissioner of Health determines that a communicable disease of public health significance exists in the Commonwealth, he shall ensure that any available rapid diagnostic testing indicating the existence of such communicable disease is readily available to all essential workers in the Commonwealth. Priority for access to such testing shall go to (i) health care providers, (ii) law-enforcement officers, (iii) emergency medical services personnel and emergency medical services providers, (iv) patients in nursing homes who are determined by the nursing home to be high-risk patients, (v) public and private elementary and secondary schools in the Commonwealth, and (vi) public institutions of higher education and private institutions of higher education in the Commonwealth. The bill contains an emergency clause. This bill was reported with a substitute by a vote of 15-0.

SB 5100 (Dunnavant) Public schools; COVID-19-related absences. Excuses from school attendance children diagnosed with COVID-19 or children with a household member diagnosed with COVID-19 while the child or household member is suffering from COVID-19. This bill was reported favorably by the committee by a vote of 15-0.


Tuesday, August 18, 2020

Special Session Begins

The Virginia General Assembly returned to Richmond today for the beginning of the 2020 Special Legislative Session. Legislators are expected to review the 2020-2022 biennium budget and discuss legislation dealing with the COVID-19 pandemic, as well as, policing reform. Prior to the start of the Special Session, the Joint Money Committees heard from Governor Ralph S. Northam on the Fiscal Year 2020 tax collections and the overall forecast for the biennium in light of the pandemic.

Please check back for more updates as the Special Session unfolds.

Tuesday, August 4, 2020

Virginia FOIA Council Meets

The Virginia Freedom of Information Act (FOIA) Advisory Council met Tuesday, August 4, 2020 to elect a new chair and vice chair, appoint subcommittees, and to review legislation referred to the council during the 2020 session of the Virginia General Assembly. The meeting of the Council was held virtually under emergency provisions for public proceedings during the COVID-19 pandemic emergency.

Council members elected Senator Mamie E. Locke (D-Hampton) Chair and Delegate Marcus Simon (D-Fairfax) as Vice-Chair. 

The Council also reviewed HB321 (Levine) which was referred for review during he 2020 session of the General Assembly. Delegate Mark Levine was present and provided the Council with an overview and history of the bill. Delegate Levine explained that the legislation would allow members of public boards and commissions exemptions to attend a meeting electronically when a serious medical condition of an immediate family member exists. The legislation would permit a public body to conduct a meeting through electronic communication means if, on or before the day of a meeting, a member of the public body holding the meeting notifies the chair of the public body that he is unable to attend due to a serious medical condition of an immediate family member that prevents the member's physical attendance. The bill also limits such participation in an electronic meeting due to a personal 2 matter to either two meetings per calendar year or 10 percent of the meetings held that calendar year, rounded up to the nearest whole number, whichever is greater. 

Senator Locke thanked Delegate Levine for his presentation and informed Council members that the legislation would be reviewed further at its next meeting.

To review the agenda of the FOIA Council meeting, please click here. If you have any questions about the actions taken during this meeting, please contact VSBA Government Relations Specialist J.T. Kessler at jason@vsba.org.







State Superintendent Waives Accreditation for the 2021-2022 School Year

RICHMOND — Superintendent of Public Instruction James Lane today exercised emergency authority granted to him by the 2020 General Assembly to waive annual school accreditation for the 2021-2022 academic year. Schools will be assigned a rating of “Accreditation Waived,” the same rating assigned schools for 2020-2021 under a waiver issued in April.

Accreditation ratings are based on performance during the previous school year. The statewide closure of schools in March in response to the coronavirus pandemic resulted in the cancellation of spring Standards of Learning testing. Student performance on SOL tests in English, mathematics and science are key metrics under the state Board of Education’s school accreditation standards.

Without spring 2020 SOL results, there is insufficient data for the Virginia Department of Education to calculate accreditation ratings for the 2020-2021 school year. And because year-to-year growth in English and growth in mathematics are also accreditation metrics, VDOE won’t have sufficient data to calculate ratings for 2021-2022 either, because even if students are able to take tests next spring, the department won’t have baseline data from 2019-2020 for measuring growth.  

In April, Lane appointed a task force comprising division superintendents, testing directors, educators, the vice president of the state Board of Education and representatives of education professional organizations to study the impact of the COVID-19 shutdown on the commonwealth’s school accountability system and make recommendations on accreditation determinations for 2021-2022. Waiving accreditation until there is sufficient baseline data to measure student growth was one of two options recommended by the task force.

“Waiving annual accreditation for a second year will allow our schools to focus on assessing the impact of the shut down on students, academically and on their social and emotional well-being,” Lane said. “It will also allow school divisions to make decisions about resuming in-person instruction or reverting to virtual learning that prioritize the health of students and staff, without the added pressure of the possible impact on accreditation. If tests are administered during the upcoming school year, the focus should be on evaluating the impact of the pandemic on student learning and establishing a new baseline for measuring student growth.”

The Virginia Department of Education’s Office of School Quality will continue to support schools implementing improvement plans based on their accreditation ratings for 2019-2020.


Thursday, July 30, 2020

Senate Republicans Unveil HEALS Act

Senate Republicans unveiled a new COVID-19 pandemic response plan with a total funding level of approximately $1 trillion. It addresses public education in a variety of ways. The proposed legislation includes $105 billion for education including approximately $70 billion for K-12 education. However, two-thirds of the funding is only available to districts with approved re-opening plans that must be submitted to and approved by the Governor.  Republican leaders are referring to the comprehensive legislative section focused on appropriations as the HEALS Act (Health

The legislation in its current form has significant opposition but it will be used as a starting point for negotiations with the Democrats. It is expected it will change significantly as it moves through the legislative process. However, we wanted to highlight the proposal's major education components and their potential impact on local school districts. 

Education Stabilization Fund 

The total legislative package contains $105 billion for education (K-12 and higher education combined) overall. The funds are available through September 30, 2021 and allocated as follows: 

  • $1 billion for outlying areas and the Bureau of Indian Education
  • $2 billion for governors
  • $69.6 billion for K12
  • $29.1 billion for higher education 
  • Maintenance of Effort.
  • NAEP Funds and Administration Funds

Private Education Provisions

The HEALS Act includes provisions for the school choice program that U.S. Secretary of Education Betsy DeVos has proposed for Education Freedom Scholarships

Homework Gap

The legislation does not address the homework gap leaving this critical issue students across the nation are facing unresolved in this current proposal. Addressing the digital divide in education is an allowable use under the funds but this will create a competitive environment with many other important programs and will not adequately resolve the issue.

Liability

The legislation includes schools in its liability coverage. State tort liability laws are essentially eliminated under the legislation for issues arising from COVID-19 and replaced with a federal cause of action in which the plaintiff must prove their case through a clear and convincing evidence standard which is a higher standard than the normal one. Plaintiffs will need to prove that the defendant was not making reasonable efforts to comply with applicable government standards and /or guidance and was engaged in gross negligence or willful misconduct.


Friday, July 10, 2020

Reopening of Schools


As promised, the Virginia School Boards Association continues to monitor the Federal and State response to the COVID-19 pandemic to keep our members informed regarding policies that may impact school divisions across the Commonwealth. Yesterday, President Trump and Secretary DeVos demanded schools reopen in the fall with full-time five day a week learning. Both have made public statements that federal funding may be withheld from schools that do not reopen.

On its own, the Administration does not have the power to simply cut funding designated for public schools that has been appropriated by Congress, but they could try and put rules in place around pieces of the COVID-19 emergency funding through the CARES Act that could restrict funds through an interim final rule. It is likely that a court challenge would ensue if these actions were taken by the Trump Administration.

VSBA is in contact with the legal advocacy and government relations team at the National School Boards Association and has been informed they are exploring the options around such a rule and the potential legal challenges. 

It should be noted that the Administration has other methods to restrict funds in any new legislation passed by Congress. They could ask Congress to tie funding levels in new legislation to whether schools reopen. The President could threaten to veto any legislation that does not have such a provision. The legislative language would likely offer a carrot and stick approach if it were included in a bill.

Similar pressure has been used by Congress in the past. One of the best examples is the National Minimum Drinking Age Act passed in 1984 that tied state drinking ages with highway funding. The legislation required states to raise their ages to 21 by October 1986 or they would lose 10% of their federal highway funds-every state complied. This history raises the possibility that there could be strings attached to a funding bill. But I think the odds of a proposal with strings like that attached to it passing Congress are not high-particularly as more outbreaks pop up and concerns by parents and others increase.

It is not likely that House Democrats would agree to these provisions and the pressure on both parties to pass additional legislation is likely going to increase as the emergency worsens.

VSBA is in frequent contact with the Virginia Congressional Delegation on matters related to COVID-19 and the challenges school divisions in the Commonwealth face as they plan for reopening. We are working with our federal and state association partners to advocate for the necessary resources and local flexibility in developing reopening plans that meet the needs of their individual communities.

Please do not hesitate to contact VSBA Government Relations Specialist, J.T. Kessler, at jason@vsba.org or 434-295-8722 if you have questions regarding the Federal and State response to school reopening. As always, VSBA will keep you informed on the latest updates from Washington and Richmond as they develop.



Tuesday, June 16, 2020

House Appropriations Receive Revenue Report

Members of the House Appropriations Committee met virtually Monday and heard from Commonwealth Secretary of Fiance, Aubrey L. Layne, Jr., regarding the May revenue report for Fiscal Year 2020. Layne told committee members that May is generally a month where Virginia sees an increase in tax collections because individual income tax is due May 1. However, with Governor Northam extending the income tax payment deadline to June 1, it will be necessary to asses the June collections to get a better picture to the close of FY 2020.

Layne added that the COVID-19 pandemic, and the economic shutdown to mitigate the spread of the virus, did negatively impact the final months of the fiscal year. He added that revenue collections will be less than $billion below the official forecast made to lawmakers earlier in the fiscal year.

Highlights from Secretary Layne's report include:

Net Individual Income Tax (70% of general fund revenues):  Through May, collections of net individual income tax fell 3.6 percent from the same period last year, trailing the annual estimate of 1.3 percent growth.  Performance in each component of individual income tax is as follows: 

Individual Income Tax Withholding (62% of general fund revenues):  Collections of payroll withholding taxes fell 13.0 percent in May.  Two fewer deposit days accounted for a large part of the decline; however, there was a broad-based decrease in the number of firms paying.  Tax withholding collections decreased 4.4 percent during April and May combined.  Year-to-date, collections have grown 3.1 percent, trailing the annual estimate of 4.7 percent growth.   

Individual Income Tax Nonwithholding (17% of general fund revenues):  May is typically a significant month for collections in this source, with final payments for tax year 2019 and the first estimated payment for tax year 2020 both due at the beginning of May.  This year, the payment date has been extended to June 1, so it is unclear how many payments have been delayed.   

Collections in nonwithholding were $500.1 million compared with $764.9 million in May of last year, a decline of 34.6 percent.  This decline was anticipated and consistent with our projections.  Year-to-date, collections fell by 22.6 percent, trailing the annual estimate of a 4.3 percent decline.   

Individual Income Tax Refunds:  The Department of Taxation issued $182.0 million in refunds in May, compared with $144.6 million in May of last year, an increase of 25.9 percent.  For the filing season, TAX has issued 2.3 million refunds, about the same number as last year.  On a fiscal year basis, TAX has issued $1,695.9 million in refunds through May compared with $1,643.4 million through the same period last year. 

Sales Tax (18% of general fund revenues):  Collections of sales and use taxes, reflecting April sales, fell 12.5 percent in May.  The month represents a full month of reduction in sales due to numerous store closings during the COVID-19 pandemic.  On a year-to-date basis, collections of sales and use taxes have risen 5.4 percent, trailing the annual estimate of 7.4 percent growth.   

Corporate Income Tax (5% of general fund revenues):  May is not typically a significant month for collections in this source, as final or extension payments are mainly due only from retailers who usually have a January 31 close to their fiscal year.  Such payments vary significantly from year to year.  Collections of corporate income taxes were $47.2 million in May, compared with receipts of $2.5 million in May of last year.  The main reason for the increase is that last year contained about $25 million in prior tax year refunds.  

To view the full report from Secretary Layne, please click here.

Friday, June 12, 2020

United States Senate HELP Committee Discusses School Reopening

The Senate Health, Education, Labor and Pensions Committee heard from education leaders from around the country during a hearing to discuss plans to safely reopen schools on Wednesday, June 10, 2020. The hearing was conducted at a time the Senate is weighing how best to grapple with the continued effects of the Coronavirus pandemic on state and local budgets due to the economic shutdown. 

Last month, the United States House of Representatives passed the $3 trillion HEROES Act that included funds to assist state and local governments with their budgets. The Senate has yet to take up debate on the HEROES Act and according to Senate Majority Leader Mitch McConnell, the bill will not see any action until after Congress' July 4th recess.

Education leaders informed the Senate committee of the challenges they anticipate once they resume in-person classes. Senators were provided with information outlining the significant budget impact that reopening will have on school divisions. With deep budget cuts in state and local government programs, schools are grappling with reopening schools without the necessary resources to properly transition back to in-person instruction. Many districts are facing decisions regarding furloughs of employees and how best to provide services to students.

AASA, the School Superintendents Association, released estimates that districts would incur nearly $1.8 million in costs to meet federal health guidelines, from $640 for no-touch thermometers to $448,000 for additional custodial staff; that is just for an average school district of about 3,700 students. Additionally, the American Federation of Teachers on Wednesday released a cost analysis estimating that schools would need $116.5 billion for instructional staff, distance learning, before- and after-school care and transportation, while the National Education Association estimated that without federal relief, schools would lose 1.9 million education jobs.

If you have any questions about the topics discussed during the Senate hearing, please contact VSBA Government Relations Specialist, J.T. Kessler, at jason@vsba.org. To view the entire hearing, click here.


Thursday, June 11, 2020

May Revenue Numbers Released

General Fund revenue collections fell 20.6 percent in May, according to information released by the office of Virginia Governor Ralph Northam. This number was slightly better than expected. This is primarily due to delaying the individual tax due date to June 1, and the impacts of the COVID-19 pandemic on payroll withholding and retail sales. 

May is typically a significant month for revenue collections. In addition to regular collections of withholding and sales taxes, estimated and final payments for individuals were due May 1. This year, the Governor authorized any individual and corporate income tax payments due between April 1, 2020 and June 1, 2020 to be due on June 1, 2020. The extension applies to final payments and extension payments for taxable year 2019, and the first estimated payment for taxable year 2020. Therefore, June receipts will be required to properly assess total fiscal year revenues.

On a fiscal year-to-date basis, total revenue collections have declined by 1.2 percent, trailing the annual forecast of 3.1 percent growth. To attain the current official revenue forecast, June collections must be $3.3 billion, compared with $2.4 billion collected in June of last year.

Collections of payroll withholding taxes fell 13.0 percent in May. Collections of sales and use taxes, reflecting April sales, fell 12.5 percent in May. The month represents a full month of reduction in sales due to numerous store closings during the COVID-19 pandemic. 

On a year-to-date basis, collections of payroll withholding taxes—62 percent of General Fund revenues—increased 3.1 percent, trailing the annual forecast of 4.7 percent growth. Sales tax collections advanced 5.4 percent on a fiscal year-to-date basis, also trailing the annual forecast of 7.4 percent growth. On a fiscal year-to-date basis, total revenue collections fell 1.2 percent in May behind the annual forecast of 3.1 percent growth. Collections in June must total $3.3 billion to attain the forecast. Collections in June of last year were $2.4 billion, and June collections are anticipated to be greater than the previous year due to delayed tax payments due June 1.

The full report is available here

Wednesday, June 10, 2020

Governor Northam Announces GEER Funding for Schools


Virginia Governor Ralph Northam announced the Commonwealth's schools will receive $66.8 million through the federal Governor’s Emergency Education Relief (GEER) Fund to expand distance learning opportunities, fund services for students disproportionately impacted by loss of class time, and provide financial assistance to higher education students and institutions impacted by the COVID-19 pandemic.

The GEER Fund was authorized by Congress through the Coronavirus Aid, Recovery, and Economic Security (CARES) Act. The fund provides states the flexibility to determine how best to allocate the emergency assistance to meet their educational needs. 
  • Governor Northam is distributing $43.4 in GEER funding for the following PreK-12 priorities:
  • $26.9 million to support short-term and long-term initiatives expanding high-speed internet access to all communities in the Commonwealth, including providing laptop computers and Mi-Fi devices for students without home internet access.
  • $10 million to expand early childhood education and child care programs in the Commonwealth, especially for children with academic and social-emotional needs.
  • $3.5 million to support the expansion of the Virtual Virginia online learning program to provide content for elementary and middle school students; allow teachers in all school divisions to use the platform to create, edit, and share content as well as provide personalized virtual instruction for all students; and expand the Virtual Virginia Professional Learning Network, in partnership with the Virginia Society for Technology, to ensure that educators and technology-support personnel have the capacity and skills to meet the demand for quality online learning; and
  • $3 million to cover unfunded costs for the continuation of school-based meals programs while schools remain closed, including hazard pay for school nutrition staff.
   To read the full release of the Governor's announcement, please click here. If you have any questions regarding the GEER fund, please contact VSBA Government Relations Specialist, J.T. Kessler, at jason@vsba.org.