VDoE Announces Executive Order 33 Listening Session Dates

VSBA is providing the following information released by the Virginia Department of Education (VDoE) regarding dates and locations for the public to offer feedback to Executive Order 33. This order directs the VDoE to provide guidance to school boards on cell-phone free education policies and procedures. The following dates, locations, and times will allow for public input and feedback on the executive order: 

Manassas - July 18, 2 - 3:30 p.m.

Osbourn High School 

Virginia Beach - July 22, 4:30 - 6 p.m. 

Tallwood High School 

Fredericksburg - July 30, 9 - 10:30 a.m. 

James Monroe High School 

Waynesboro - July 31, 10 - 11:30 a.m. 

Kate Collins Middle School 

Roanoke - July 31, 4 - 5:30 p.m. 

Northside High School 

Abingdon - August 1, 3 - 4:30 p.m. 

Southwest Virginia Higher Education Center

Keysville - August 2, 1:30 - 3 p.m.  

Southside Virginia Community College Keysville Campus 

Workforce Development Center 

Midlothian - August 6, 4-5:30 p.m. 

Chesterfield County Public Schools  Career and Technical Center   

School Board members wishing to register to join the conversation at these events, learn more about Executive Order 33, or share feedback about cell phone-free education, should visit the Cell Phone-Free Education in Virginia webpage www.doe.virginia.gov/cell-phone-free-education

Governor Glenn Youngkin Announces May General Fund Revenues Numbers

RICHMOND, VA - Governor Glenn Youngkin announced Monday that general fund revenues for May 2024 increased 14.2 percent versus the same period last year and remain slightly ahead of the revenue forecast that was revised upward as part of the budget approved on May 13, 2024, reinforcing the Common Ground budget forecasts.    With one month remaining in FY24, year-to-date collections are up 5.9 percent and remain ahead of the revised forecast, driven primarily by higher than projected net individual income tax collections.   The full May 2024 revenue report is available here.

Additional Budget Analysis from VSBA

General Assembly, Governor Youngkin Reach Budget Compromise

The Virginia General Assembly met in Special Session on Monday, May 13, 2024, for the purpose of adopting the 2024 -2026 Biennium Budget. After weeks of negotiations between Senate and House budget writers and Governor Glenn Youngkin, lawmakers maintained the two-year funding levels that were included in the Conference Report adopted by the General Assembly in March. According to a presentation from the House Appropriations Committee staff, lawmakers were able to maintain funding levels found in the Conference Report because revenue collections for fiscal 2024 “are running well ahead of forecast”.

The plan adopted with overwhelming support in each legislative chamber was signed into law by Governor Youngkin on Monday afternoon and will become the Commonwealth’s two-year spending plan from July 1, 2024, through June 30, 2026. Lawmakers will address revisions to the budget when they convene for the short session of the General Assembly next January in Richmond.

To review the entire 2024 – 2026 Biennial Budget, please click here.  

Specific items of interest in the 2024 – 2026 budget pertaining to K12 education are:

Supplemental General Fund Payment in Lieu of Sales Tax on Food and Personal Hygiene Products (Grocery Tax): Appropriates $272,500,000 in Fiscal Year (FY) 2025 and $273,600,000 in FY 2026 holding school divisions harmless for the state’s portion of the Grocery Tax which was repealed in 2022. This appropriation is an increase of $14.1 million dollars over the previous biennium providing for adjustments to generated revenue estimates.

Three Percent of State Share for SOQ Supported Positions in Each Year of the Biennium: Provides $178,149,562 in FY 2025 and $361,023,394 in FY 2026 from the general fund is provided for the state share SOQ Supported Positions. The state share of funding provided to a school division in support of this compensation supplement shall be prorated for school divisions that provide less than an average 3.0 percent salary increase the FY 2025; however, to access these funds, a school division must provide at least an average 1.5 percent salary increase FY 2025. Additional flexibilities are provided in FY 2026 for divisions to access these funds. Please click here for specific details on accessing state funds in each year of the biennium.

At-Risk Add On:

Provides $616,036,160 in FY 2025 and $648,037,570 in FY 2026 from the general fund and $225,180,150 in FY 2025 and $192,396,464 in FY 2026 from the Lottery Proceeds Fund to distribute the state share of funds for the At-Risk Program. This is an increase of over $300,000,000 to the program. Click here for more specific information on the At-Risk Add On appropriation.

English Learner Teacher Payments

A payment of $165,982,653 in FY 2025 and $170,304,480 in FY 2026 from the general fund shall be disbursed by the Department of Education to local school divisions to support the state's share of professional instructional positions for English Learner teachers.  This is an increase of over $72 million from the previous biennium for English Learners.

To provide flexibility in implementing this new staffing standard in FY 2025, the number of English Learner teachers required for each school division for the first year shall be equal to the number of such teachers that were required during the 2023-2024 school year. Please review the staffing standard and other specifics from this appropriation by clicking here.

 

Virginia General Assembly Adopts Budget

The Virginia General Assembly adopted a two-year spending plan today during a one day Special Session. Lawmakers in both chambers pledged to continue to look at ways to expand the tax base and provide additional funding for public education.

Highlights of the 2024-2026 biennial budget are:

• Retains all spending items from the Conference Report adopted by the General Assembly this past March. However, in a compromise with Governor Glenn Youngkin, lawmakers scrapped plans to expand the digital sales tax. This additional revenue ($169 million) would have provided increased funding for K-12 education.
• The Conference Report included $1.4 billion cash and $386 million debt for Capital Outlay projects.
• Conference Report committed $400 million from the Literary Fund - $150 million for teacher retirement in FY 2025 and $250 million for loans split over the biennium.
• HB 6001 moves the $150 million of Literary Funds from FY 2025 to FY 2026 but makes no changes to the overall amounts.
• HB 6001 (HB 30) and HB 6002 (HB 29) assume that the FY 2024 forecast is increased by $525 million 
• This will increase the assumed carryforward into FY 2025.
• Any base adjustments can be picked up as part of the standard fall revenue forecasting process.
• Recognizes an additional $525 million in FY 2024 withholding revenues (no base adjustment).
• Holds School Divisions Harmless for state repeal of the grocery tax.
• Three percent state funding for SOQ position salary increase in each year of the biennium.
• Year-to-date revenue was $1.12 billion ahead of forecast. Of this total, $536 million comes from withholding tax revenues. 
• Year-end revenue collections may well exceed the current forecast by more than $1.2 billion.

To view the entire budget bill, click here.

Lawmakers to Convene Special Session on 2024-2026 Budget

The Virginia General Assembly held its Reconvene Session on Wednesday, April 17, 2024. The Reconvene Session allows lawmakers to act on vetoes and amendments by the Governor on legislation sent to the executive branch for consideration during the regular session of the General Assembly. This year, several pieces of legislation were either vetoed or amended by the Governor. 

Included in the bills amended by the Governor was the 2024-2026 biennial budget bill, House Bill 30 (Torian). After meetings between General Assembly budget writers and the Governor produced no resolution to the differences in how to address spending in the biennium, lawmakers used a procedural maneuver to kill the budget bill adopted by the General Assembly in March. The General Assembly and the Governor agreed to begin the process of negotiating a new 2024-2026 state budget. 

Following defeat of the budget bill, lawmakers adopted House Joint Resolution 428 (Herring), which calls for the General Assembly to return to Richmond for a Special Session on May 13, 2024, for the purpose of considering the 2024-2026 budget. During a press conference at the Reconvene Session, Governor Glenn Youngkin and a bipartisan group of legislative leaders agreed to begin negotiations on the spending plan immediately with the goal of having a final vote on the budget bill on May 15. 

Despite calls of having a budget vote on May 15, it is uncertain when the General Assembly will take final action on the spending plan. At the present time, the VSBA Government Relations team cannot predict the date of the final budget vote nor what will be included in the biennial spending plan. VSBA will continue to advocate for increased funding for K-12 education and legislation that improves the education outcomes of all Virginia's public-school children.

Legislative Action Alert: Support HB 805 and SB 14

Please contact your Senator and Delegate and ask them to Support House Bill 805 and Senate Bill 14 at the Reconvene Session on Wednesday, April 17, 2024. These bills would allow localities to raise additional revenues for school construction and modernization if their citizens vote to do so through voter referendum. This legislation gives parents and citizens a voice in how their children’s schools are funded.   

On Monday night, April 8, Governor Youngkin vetoed HB 805 (Rasoul) and SB 14 (McPike), despite their strong bipartisan support. VSBA asks that you contact your Senator and Delegate today and strongly encourage them to Support HB 805 and SB 14. 

Click here to find your Senator and Delegate!

Governor Youngkin Recommends over 200 Amendments to HB 30 Conference Report

On Monday, Governor Glenn Youngkin sent over 200 amendments to the 2024-2026 Biennial Budget Conference Report passed by the General Assembly last month House Bill 30 (Torian). These amendments will be considered by the the General Assembly at the Reconvene Session which will occur on Wednesday, April 17, 2024 beginning at noon. Each amendment must receive a simple majority vote in each chamber to be approved.  The VSBA Government Relations team will continue to analyze the amendments provided by Governor Youngkin to the budget bill Conference Report and will provide additional updates on the biennial budget during and after next week's Reconvene Session. Below are amendments of interest from Governor Youngkin as they relate to the Conference Report. To view a complete listing of the amendments to the Conference Report proposed by Governor Youngkin, click here. To review the Conference Report passed by the General Assembly, click here. Education
Department of Education

Amendment 44: Update Virginia Literacy Act funding

Item 117

Education	FY 24 -25	FY 25 -26
Department of Education, Central Office Operations	($1,500,000)	($1,500,000)	GF

 Explanation: 

(This amendment updates funding to implement a statewide literacy screener based on estimated funding needed for this purpose.) 

Amendment 45: Support new state assessment system requirements 

Item 119 

Education	FY 24 -25	FY 25 -26
Department of Education, Central Office Operations	$20,000,000	$18,000,000	GF

Explanation: 

(This amendment provides funding for the Department of Education to update the state Standards of Learning (SOL) assessments pursuant to the recommendations of the workgroup required by Chapter 760, 2022 Acts of the General Assembly, including developing and administering constructive response questions aligned to the SOLs, renewing the existing testing contract and replenishing existing test items, and supporting student growth analysis.)

Amendment 46: Modify requirements related to community schools 

Item 123 

Education
Department of Education			Language

 Explanation: 

(This amendment clarifies requirements of the Department related to community schools.) 

Amendment 47: Remove additional support for Joint Subcommittee on Elementary and

Secondary Education Funding 

Item 123 

Education	FY 24 -25	FY 25 -26
Department of Education, Central Office Operations	($300,000)	($300,000)	GF
	-2.00	-2.00	FTE

Explanation: 

(This amendment removes funding and positions provided under the Department of Education to support work of the legislative Joint Subcommittee on Elementary and Secondary Education Funding.) 

Amendment 48: Eliminate state support for 21st Century Community Learning Centers program 

Item 124 

Education	FY 24 -25	FY 25 -26
Direct Aid to Public Education	($3,000,000)	($2,000,000)	GF

 Explanation: 

(This amendment eliminates general fund support to supplement the federal 21st Century Community Learning Centers program.) 

Amendment 52: Modify support for National Teacher Certification grants 

Item 124 

Education	FY 24 -25	FY 25 -26
Direct Aid to Public Education	$0	($500,000)	GF

Explanation: 

(This amendment provides an additional $500,000 general fund the first year for incentive grants for teachers who are pursuing or have obtained a national certification from the National Board for Professional Teaching Standards and work in a Title 1 school or a school eligible for participation in the Community Eligibility Provision.) 

Amendment 53: Modify support for the Community Builders Program 

Item 124 

Education	FY 24 -25	FY 25 -26
Direct Aid to Public Education	($300,000)	($100,000)	GF

Explanation: 

(This amendment provides $400,000 over the biennium to support the Community Builders pilot program.) 

Amendment 54: Remove support for Community Schools Development and Planning Grants 

Item 124 

Education	FY 24 -25	FY 25 -26
Direct Aid to Public Education	($2,500,000)	($2,500,000)	GF

Explanation: 

(This amendment removes state support for Community Schools Development and Implementation Planning Grants.) 

Amendment 55: Eliminate conflicting language 

Item 125

Education
Direct Aid to Public Education			Language

Explanation:

(This amendment eliminates conflicting language for the definition of a College Partnership Laboratory School, which is defined in § 22.1-349.1, Code of Virginia.) 

Amendment 56: Modify additional support for At-Risk Students 

Item 125

Education	FY 24 -25	FY 25 -26
Direct Aid to Public Education	($82,894,326)	($79,061,573)	GF

Explanation:

(This amendment provides additional support for at-risk students of $98 million each year over the 2024-2026 Introduced budget by 1) reinstating the existing Prevention, Intervention, & Remediation (PIR) Standards of Quality program and formula, including the SOQ funded positions and the benefits, compensation supplement, and support cost payments associated with those positions, 2) reinstating the existing At-Risk Add-On program and formula as a Standards of Quality program, 3) increasing the At-Risk Add-On minimum add-on percentage from 1.0 to 5.0 percent, and 4) increasing the At-Risk Add-On maximum add-on percentage from 36.0 to 40.5 percent. Directs DOE to work with the Joint Subcommittee on Elementary and Secondary Education Funding to determine the impact of transitioning the at-risk student proxy from the Free Lunch Percentage to the Identified Student Percentage for all Direct Aid accounts and funding formulas that currently use the free lunch proxy, and to determine the impact of eliminating the PIR program and related staffing standard, prescribed by § 22.1-253.13:2, on division funding and other Direct Aid accounts.) 

Amendment 57: Modify English Language Learner staffing standard 

Item 125 

Education	FY 24 -25	FY 25 -26
Direct Aid to Public Education	($25,863,189)	($21,094,068)	GF

Explanation: 

(This amendment provides the state share of funding to support 22 professional instructional positions per 1,000 students identified as having limited English proficiency. Additionally, requires the Department of Education to develop and implement a data collection process related to English language learner expenditures and student English proficiency levels and to provide recommendations to the Joint Subcommittee on Elementary and Secondary Education Funding for alternative staffing ratios to support English language learners, including the estimated state fiscal impact of those recommendations, based on actual data that identifies the English proficiency level for each English language learner.)

Amendment 58: Modify support for the School Breakfast program 

Item 125 

Education	FY 24 -25	FY 25 -26
Direct Aid to Public Education	($1,205,023)	($1,332,564)	GF

Explanation: 

(This amendment provides additional support of $1.2 million general fund the first year and $1.3 million general fund the second year to increase the per meal reimbursement amount from $0.22 to $0.25 for the state funded incentive program to maximize federal school nutrition revenues and increase participation in the school breakfast program.) 

Amendment 59: Provide Literary Fund support for retirement and school construction 

Item 125 

Education	FY 24 -25	FY 25 -26
Direct Aid to Public Education	$0	($150,000,000)	GF
	$0	$150,000,000	NGF

Explanation: 

(This amendment supports a portion of public school employee retirement contributions with funds derived from the principal of the Literary Fund and designates $175.0 million in FY 2025 in Literary Fund support for additional school construction loans.) 

Amendment 60: Update sales tax revenues for public education 

Item 125 

Education	FY 24 -25	FY 25 -26
Direct Aid to Public Education	($47,617,137)	($121,114,157)	GF

Explanation:

(This amendment updates sales tax revenues for public education as a result of eliminating the sales tax expansion.) 

Amendment 61: Support continued access to Early Childhood Care and Education

Item 125.10

Education	FY 24 -25	FY 25 -26
Direct Aid to Public Education	($42,941,429)	($50,225,711)	GF

Explanation: 

(This amendment updates funding and requirements for early childhood care and education programs, including removing the Virginia Preschool Initiative (VPI) cap on the local composite index, restoring estimated VPI participation to a level supported by current and projected demand, removing assumed revenues from taxes on marijuana sales, and reducing the assumption of new slots for the Child Care Subsidy Program to 500 in FY26.)