Today is
the first day post-crossover, meaning that all bills have either passed their
originating body or they failed to move forward. This session, VSBA has
been working with over 230 bills that are directly or indirectly related to K-12
education. We have had a number of significant successes in defeating
or amending unfavorable legislation and in passing favorable legislation. Thank you to all
of you who engaged in advocacy with the General Assembly. We greatly appreciate
your help!
To assist
you in your work, we have compiled a Crossover report which is divided into two
sections, one for passed legislation and one for defeated legislation. As we
move forward into the second half of session, we will be providing additional
updates on these bills as they advance through the process. You can stay
up-to-date on General Assembly's actions by visiting the VSBA Legislative Blog. Also, please keep an eye
out for new VSBA Action Alerts.
Thank you
again for your continued support of VSBA. Your voice makes a difference in
Richmond as legislators make decisions that impact your school divisions.
Passed
Legislation
HB1392 (Lingamfelter) would permit a school board
to authorize school security officers to carry firearms in the performance of
their duties in certain circumstances. The school security officer must
be a retired law enforcement officer and must receive training and
certification from the Department of Criminal Justice Services. The
school board would also be required to solicit the input of the chief law
enforcement officer of the locality regarding the qualifications of the retired
officer. The bill passed the House on a 78-19 vote.
HB1400(R.P. Bell) would
create a statewide Virginia Virtual School that would be open to any student in
the Commonwealth. The bill passed the House on a 57-40 vote.
HB1408(Ware) will permit school boards to have the vision of students in grade 2 or 3 and in grades 7 and 10 be screened by a qualified nonprofit vision health organization that uses a digital photoscreening method pursuant to a comprehensive vision program. The
bill passed the House on a 97-0 vote.
HB1414(Austin) will require VDOE to review multipart questions on SOL assessments
determine the feasibility of awarding students partial credit. The
bill passed the House on a 95-0 vote.
HB1437 (Head)
would eliminate the requirement to test the sight and hearing of a
student who has any defect of vision or hearing or disease of the eyes or
ears that requires the use of a corrective or supplemental device as set forth
in the student's Individualized Education Program. The bill passed the
House on a 99-0 vote.
HB1490 (Marshall) requires a school board member who temporarily vacates his seat due to war service in the Armed Forces to submit to the school board a list of names of suitable persons to serve as an acting school board member during his absence. The school board will be required to appoint an acting school board member from such list of names. The bill passed the House on a 63-36 vote.
HB1534 (R.P. Bell) as amended, limits
long-term suspensions to 45 days, unless aggravating circumstances exist, in
which case the long-term suspension may last a maximum of 90
days. The maximum length of a long term suspension would be 90
days, regardless of the circumstances. The bill narrowly passed the
House on a 51-46 vote.
HB1536 (R.P. Bell) as
amended, limits the length of time that a student in grades pre-K through 3 can
be suspended to 5 days. A student in grades pre-k through 3
cannot be suspended for more than 5 days or expelled, except in limited cases
involving firearms or drugs. The bill narrowly passed the House on a
49-47 vote. (Interestingly, several delegates changed their votes later in the day but, unfortunately, no member moved for a reconsideration of the bill.)
HB1552(Bulova) will require each school board to
post on its website a notice to high school students and parents of
the opportunities available to obtain a nationally recognized career readiness
certificate at a local public high school, comprehensive community college or
workforce center. The bill passed the House on a 98-0 vote.
HB1578 (R.B. Bell) will require the Virginia High School
League to allow home schooled students to participate in interscholastic
sports and programs. The bill passed the House on a 60-38 vote.
HB1586 (Campbell) directs courts to require that the parties to a
child custody case provide to the child’s school a copy of any order that
prohibits a parent from picking a child up at school or that affects a child’s
school enrollment. The bill also
clarifies that school staff is not required to interpret of enforce the custody
order. The bill passed the house on a 87-8
vote.
HB1605 (LaRock) creates Parental Choice
Educational Savings Accounts which will allow parents to receive state SOQ
funding to use for education expenses, including private and sectarian schools.
The bill narrowly passed the House on a 49-47 vote.
HB1661(Greason) would
permit (but not require) schools to stock and administer,
pursuant to a prescriber's written order, injectable medication for the
treatment of adrenal crisis in students with adrenal
insufficiency. The bill also provides liability protection to
school staff who administer such medications. The bill passed the House on a 97-0 vote.
HB1708 (Filler-Corn) would
require the BOE to consider for inclusion in the student outcome measures
included in the Standards of Accreditation the number of industry certification
credentials obtained by high school students. The bill passed the House on a
95-0 vote.
HB1709(Filler-Corn) will require each school
board to have a policy that directs principals to notify the parent of any student
involved in an alleged incident of bullying of the status of any investigation
within 14 school days of the allegation of bullying. The bill passed the
House on a 99-0 vote.
HB1770 (Frietas) would allow a school board or superintendent to waive certain requirements for licensure in the area of career and technical education. The
bill passed the House on a 72-26 vote.
HB1829 (Dudenhefer) requires
hands-on CPR training for teacher licensure and recertification. The bill
passed the House on a 97-0 vote.
HB1924(Bagby) directs
the Board of Education to establish guidelines for alternatives to short-term
and long-term suspension for consideration by local school boards. The
bill passed the House on a 82-12 vote.
HB1981 (Greason) requires BOE to promulgate
regulations for the designation of School Divisions of Innovation in the local
school divisions. A School Division of Innovation would be an opportunity
for a school division to innovate and be exempted from certain regulatory
requirements. The bill passed the House on a 97-0 vote.
HB1982 (Greason) which would require the Board of
Education to allow for the award of verified units of credit for a satisfactory score, to be determined by the BOE,
on the PSAT examination. The bill passed the House on a 98-0 vote.
HB1983 (Greason) makes local school
boards responsible for setting the school calendar and determining the opening
day of the school year and eliminates the post-Labor Day opening requirement
and "good cause" scenarios for which the Board of Education may grant
waivers of this requirement. The bill passed the House on a 75-24
vote.
HB2007 (R.B. Bell) requires each
school board to permit any student who receives home instruction and resides in
the local school division to apply for enrollment as a part-time student of the
local school division in any dual enrollment course offered pursuant to an
agreement for postsecondary degree attainment at a public high school in the
local school division or at the comprehensive community college. The bill
specifies that no such student shall be required to pay more in tuition or fees
than the tuition or fees paid by public school students to enroll in such
course. The bill passed the House on a 64-33 vote.
HB2014(Keam) would
change the BOE's biennial review of the SOQ from even-numbered years to
odd-numbered years. This was recommended by the BOE to align with the
budget cycle. The bill passed the House on a 98-0 vote.
HB2140(LeMunyon) directs VDOE to develop a pilot program to administer an exist
questionnaire for teachers who leave the profession. The bill passed the House
on a 95-0 vote.
HB2141(LeMunyon) requires
BOE to report on the need to retain or maintain the frequency of reports
that local school divisions are required to submit. The bill passed the House
on a 97-0 vote.
HB2142(LeMunyon) delays the implementation of the redesigned high school graduation
requirements by one year and alters
the graduation requirements The bill passed the House on a 56-41 vote.
HB2174(Murphy) requires school boards to report
class size in middle and high school. The bill passed the House on a 53-44
vote.
HB2191 (Landes) requires each
school board's procedures for handling challenged controversial instructional
materials to include procedures for (i) annually notifying the parent of any
student enrolled in a course in which the instructional materials or related
academic activities may include sexually explicit content of the potential for
such sexually explicit content in such course and (ii) providing, as a
replacement for instructional materials or related academic activities that
include sexually explicit content, nonexplicit instructional materials or
related academic activities to any student whose parent so requests. The bill
passed the House on a 73-25 vote.
HB2218 (Miyares) authorizes BOE to notify the local school board if the school board
denies a charter school application and BOE finds the school board's rationale
for such denial to be insufficient. The bill passed the House on a 58-38 vote.
HB2257 (Filler-Corn) would
require any high school family life education curriculum offered by a local
school division to incorporate age-appropriate elements of effective and
evidence-based programs on the law and meaning of consent. The bill passed
the House on a 83-11 vote.
HB2282(Leftwich) would
require each school board to ensure that each guidance counselor and school
nurse that it employs receives training on the prevention of trafficking of
children using awareness and training materials provided by the Board of
Education and the Department of Social Services. The bill passed the
House on a 95-0 vote.
HB2290 (Ward) would
require that driver's education include instruction concerning traffic stops,
including law-enforcement procedures for traffic stops, appropriate actions to
be taken by drivers during traffic stops, and appropriate interactions with
law-enforcement officers who initiate traffic stops. The bill passed the
House on a 82-12 vote.
HB2332 (Tyler) states that it is a goal of the Commonwealth
for teacher salaries to be competitive with the national average teacher
salary. The bill passed the House on a 98-0 vote.
HB2341 (Landes) requires at
least two of the nine members of the Board of Education to represent business
and industry in the private sector in the Commonwealth. The bill passed
the House on a 92-7 vote.
HB2342 (Landes) would allow the BOE to
establish regional charter school divisions, consisting of up to 3 underlying
local school divisions that each have an enrollment of 3000 students and that
each have one or more schools that have been denied accreditation for two of
the last three years. The regional charter school division would be
governed by a separate board of eight members appointed by BOE and one member
appointed from each underlying locality (not school board). The regional
charter school would get the per pupil state funding associated with the
jurisdiction in which each student resides. The regional charter school
would not be entitled to receive any local share for such students. The bill
passed the House on a 55-42 vote.
HB2352 (Freitas) allows
a teacher licensed in another jurisdiction to be exempt from certain
assessments that are required for licensure, subject to the approval of the
superintendent or school board employing such teacher. The bill passed the House
on a 68-30 vote.
HB2354 (Rush) will eliminate the prohibition against a school
board employing or paying any teacher or other school board employee who is the
father, mother, brother, sister, spouse, son, daughter, son-in-law,
daughter-in-law, sister-in-law, or brother-in-law of the division
superintendent or any member of the school board. The bill passed the House on a 97-0 vote.
HB2355 (Pogge) would
require school boards to (i) make Advanced Placement (AP) and Preliminary
SAT/National Merit Scholarship Qualifying Test (PSAT/NMSQT) examinations
available to students receiving home instruction, (ii) adopt written policies
that specify the date by which such students shall register to participate in
such examinations, and (iii) notify such students and their parents of such
registration deadline and the availability of financial assistance to
low-income and needy students to take such examinations. The bill passed
the House on a 95-0 vote.
HB2395 (Cline) would
require one reading specialist employed by each local school board to have
training in the identification of and the appropriate interventions,
accommodations, and teaching techniques for students with dyslexia or a related
disorder and to serve as an advisor on dyslexia and related disorders. The bill
passed the House on a 96-0 vote.
HB2402 (Morris) provides that if a court finds that any
officer or employee of a public body (i) receives a request for records that
was sent by a requester by certified mail, return receipt requested, and (ii)
without legal excuse or justification, deliberately, willfully, and knowingly fails
to make a response to such request, such officer or employee may be terminated
for cause by his appointing authority or agency head. The bill passed the
House on a 67-27 vote.
HB2431(Bulova) permits
a school board to have a retail fee-based electric vehicle charging stations on
school property. The charging station must be limited to school board
employees, students, and authorized visitors. The bill passed the House on
a 97-0 vote.
HB2432 (Bulova) requires
BOE to make changes to its regulations regarding license revocation. The
bill will require that a superintendent investigate all complaints
"immediately," that the school board hold a hearing on a petition for
revocation within 90 days, and that the school board provide a copy of its
investigative file to the Superintendent of Public Instruction before the
hearing is held. The bill passed the House on a 97-0 vote.
SB795 (Sturtevant) will require
localities and school boards to post of their websites a register of all funds
expended, showing vendor name, date of payment, amount, and a description of
the type of expense, including credit card purchases with the same
information. The bill contains exemptions for certain
information. The bill passed the Senate on a 24-16 vote.
SB829 (Wexton) directs the Board of Education to
establish guidelines for alternatives to short-term and long-term suspension
for consideration by local school boards. The bill passed the Senate on a 40-0
vote.
SB 951 (Ruff) will require school service providers to provide each student or his parent with access to a downloadable electronic copy of any student personal information pertaining to such student that has been collected, maintained, used, or shared by the school service provider. The bill passed the Senate on a 40-0 vote.
SB 951 (Ruff) will require school service providers to provide each student or his parent with access to a downloadable electronic copy of any student personal information pertaining to such student that has been collected, maintained, used, or shared by the school service provider. The bill passed the Senate on a 40-0 vote.
SB995 (Stanley) prohibits a long-term
suspension from extending beyond 60 days unless the conduct may constitute an
offense contemplated under subsection G of § 16.1-260. The bill also provides
that for any long-term suspension over 60 days, the school board or
the superintendent or his designee shall conduct a review at the end of each
grading period to determine whether the student will be permitted to
return to school early. The bill passed the Senate on a 32-8 vote.
SB997(Stanley) prohibits expulsions and suspensions of more than ten days for students in prekindergarten through grade 3, except in cases involving serious bodily injury, inappropriate sexual behavior, or weapons. The bill passed the Senate on a 34-6 vote.
SB997(Stanley) prohibits expulsions and suspensions of more than ten days for students in prekindergarten through grade 3, except in cases involving serious bodily injury, inappropriate sexual behavior, or weapons. The bill passed the Senate on a 34-6 vote.
SB1017(Barker) authorizes
a school attendance officer or local school division superintendent or his
designee acting as an attendance officer to complete, sign, and file petitions
and motions for the enforcement of certain orders entered by a juvenile and
domestic relations district court. The bill also provides that a nonattorney
attendance officer or local school division superintendent or his designee
acting as an attendance officer performing the powers and duties of an
attendance officer is not considered the practice of law. The bill passed the
Senate on a 40-0 vote.
SB1082(Wexton) eliminates
the requirement that school principals report misdemeanor offenses to law
enforcement. Under this bill, principals must still report conduct that may
constitute a felony to law enforcement and they may report misdemeanor
offenses. The bill passed the Senate on a 40-0 vote.
SB1098(Newman) requires
that the regulations establishing standards for accreditation adopted by the
Board of Education ensure that the accreditation process is transparent and
based on objective measurements and that any appeal of the accreditation status
of a school is heard and decided by the Board. The bill passed the Senate
on a 40-0 vote.
SB1099(Newman) requires
that school boards use the term "locally
developed assessments," rather that "alternative assessments" to
refer to assessments developed by the school division. The bill also
requires local school boards to distinguish between locally developed
assessments and Standards of Learning assessments when administering
assessments. The bill passed the Senate on a 40-0 vote.
SB1116 (McPike) authorizes, but does not require, school board
employees who are registered nurses, licensed practical nurses, or certified
nurse aides and who have been trained in the administration of insulin and
glucagon to assist a student who uses an insulin pump with the insertion or
reinsertion of the pump or any of its parts provided assistance has been
authorized by the prescriber and consented to by the student's parent. The bill passed the Senate on a 40-0
vote.
SB1117 (McPike) requires
every person seeking initial licensure or renewal of a license with an
endorsement as a school counselor to complete training in the recognition of
mental health disorder and behavioral distress, including depression, trauma,
violence, youth suicide, and substance abuse. The bill passed the Senate on a
40-0 vote.
SB1159 (Reeves) provides that the career and technical education
credential, when required for high school graduation, adult education, or an
alternative education plan, may be satisfied with the successful completion of
the Armed Services Vocational Aptitude Battery (ASVAB) The bill passed the Senate on a
40-0 vote.
SB1240 (Dunnavant) would create a
state-wide Virginia
Virtual School that would be open to any student in the Commonwealth. The
bill narrowly passed the Senate on a 23-17 vote.
SB1245 (Dunnavant) requires the Board of Education to include
evaluating the economic value of a postsecondary degree, including the net cost
of attendance, potential student loan debt, and potential earnings, in the
Board's objectives for economics education and financial literacy. The bill passed the Senate on
a 40-0 vote.
SB1283 (Obenshain) would
allow the BOE to establish regional charter school divisions, consisting of up
to 3 underlying local school divisions that each have an enrollment of 3000
students and that each have one or more schools that have been denied
accreditation for two of the last three years. The regional charter
school division would be governed by a separate board of eight members
appointed by BOE and one member appointed from each underlying locality (not
school board). The regional charter school would get the per pupil state
funding associated with the jurisdiction in which each student resides.
The regional charter school would not be entitled to receive any local share
for such students. The bill narrowly passed the Senate on a 21-19 vote.
SB1359 (McPike) requires school
boards to develop and implement a plan to test for lead and, if necessary, remediate
potable water in school buildings. The bill passed the Senate on a 31-9
vote.
SB1414 (Newman) would require school boards to (i) make Advanced Placement (AP), Preliminary SAT/National Merit Scholarship Qualifying Test (PSAT/NMSQT), and PreACT examinations available to students receiving home instruction, (ii) adopt written policies that specify the date by which such students shall register to participate in such examinations, and (iii) notify such students and their parents of such registration deadline and the availability of financial assistance to low-income and needy students to take such examinations. The bill passed the Senate on a 40-0 vote.
SB1414 (Newman) would require school boards to (i) make Advanced Placement (AP), Preliminary SAT/National Merit Scholarship Qualifying Test (PSAT/NMSQT), and PreACT examinations available to students receiving home instruction, (ii) adopt written policies that specify the date by which such students shall register to participate in such examinations, and (iii) notify such students and their parents of such registration deadline and the availability of financial assistance to low-income and needy students to take such examinations. The bill passed the Senate on a 40-0 vote.
SB1475 (McClellan) makes
changes to family life education curriculum guidelines and curricula, including
(i) requiring family life education curriculum guidelines to include
instruction as appropriate for the age of the student in the benefits,
challenges, responsibilities, and value of family relationships for men, women,
children, and communities; (ii) amending the definition of "abstinence
education" for the purposes of such curriculum guidelines; and (iii)
permitting the age-appropriate elements of effective and evidence-based
programs on sexual violence that are required to be incorporated into any high
school family life education curriculum offered by a local school division to
include instruction that increases student awareness of the fact that consent
is required before sexual activity. The bill passed the Senate on a 37-2 vote.
SB1516 (Black) requires
that school boards that employ reading specialists must have at least one
reading specialist receive training in the identification of and the
appropriate interventions, accommodations, and teaching techniques for students
with dyslexia or a related disorder and to serve as an advisor on dyslexia and
related disorders. The bill passed the Senate on a 40-0 vote.
SB1523 (Mason) requires the Department of Education to develop
a pilot program to administer exit questionnaires for teachers who leave their
employment. The bill passed the
Senate on a 40-0 vote.
SB1583 (Sutterlein) permits each local school board or division
superintendent to waive certain enumerated licensure requirements for any
teacher seeking initial licensure or renewal of a license with an endorsement
in the area of career and technical education. The bill passed the Senate on
a 40-0 vote.
Defeated
Legislation
HB1535 (R.P. Bell)/ SB996 (Stanley) would
have prohibited the use of long-term suspensions or expulsions for disruptive
behavior unless the behavior also involved intentional physical injury or
credible threat of physical injury to another person. The term
“disruptive behavior” is defined in the Code as “a violation of school board
regulations governing student conduct that interrupts or obstructs the learning
environment.” The bills were stricken (Stanley) and left in Committee (Bell) after receiving much opposition.
HB1757 (Dudenhefer) would
have required one nurse in each school or a ratio of 1 nurse per 550 students.
This bill was left in House Appropriations.
HB1764 (Bulova) would
have required every school division to offer a full-time virtual program.
The bill failed to report out of House Appropriations.
HB1805 (J.J. Bell) would
have required school boards to develop a plan to fund and phase in full day
kindergarten. The bill failed to report out of House Appropriations.
HB1807 (J.J. Bell) would
have reinstated the fact finding panel as an option for teacher
grievances. It would also have removed the deadline for
conducting grievance hearings which would have resulted in the grievance
process being subject to delays. The bill was defeated in the House Education subcommittee for Education Innovation.
HB2401 (Morris) would have required public bodies to
take minutes of all closed meetings and to record all closed meetings. The bill
was defeated in subcommittee.
HJ629 (R.B. Bell) would
have allowed the Board of Education to establish charter schools. The constitutional amendment
was defeated in the subcommittee of the House Privileges and Elections Committee.
HJ634 (Cole) would
have permitted the General Assembly to authorize an elected school board to
impose real property tax. This constitutional amendment was defeated in the subcommittee of the House Privileges and Elections Committee.
SB937 (Edwards) would have created the Office of the Children’s
Ombudsman that would have had the authority to, among other things, investigate
complaints regarding child-serving agencies, which would have included school
divisions. The bill was defeated in the
Senate Finance Committee.
SB1243 (Dunnavant) would have created Parental Choice Education Savings Accounts. The bill failed on the floor of the Senate on a vote of 20to 21, with Lt. Governor Northam voting against the bill.
SB1243 (Dunnavant) would have created Parental Choice Education Savings Accounts. The bill failed on the floor of the Senate on a vote of 20to 21, with Lt. Governor Northam voting against the bill.
SB1476 (McClellan) would have required the Department of
Education to (i) develop and make available to each local school board a
program of training for hearing officers who preside over teacher dismissal
hearings that includes information on the statutory procedure for teacher
dismissal hearings and (ii) develop, maintain, and make available to each local
school board a list of hearing officers who have completed such program of
training. The bill was stricken at the request of the patron.
SB1556 (Newman) would have required the Board of Education's graduation
requirements to require a student to earn at least one verified credit in each
of the following subjects: mathematics, reading, writing, science, and history
and social science. The bill requires a student to achieve a passing score on
the associated end-of-course Standards of Learning assessment to earn a
verified credit. The bill prohibits the associated end-of course Standards of
Learning assessment from being diluted or replaced by another assessment.
The bill was passed by indefinitely in the Senate Education and Health
Committee.
SJ240 (Obenshain) would have granted the Board of Education
authority, subject to criteria and conditions prescribed by the General
Assembly, to establish charter schools within the school divisions of the
Commonwealth. The bill was stricken by
the patron in Committee when it appeared that there were not enough votes to
pass it.