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.

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.

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!

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.  

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 to find your Senator!

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.

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.

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.