Welcome Dear Readers!
Today was an exciting day in the General Assembly, and a lengthy day of bills pertaining to Education. VSBA staff attended the full House Education Committee and Subcommittee # 1 and Subcommittee #3. Bills of note discussed included the so-called "Tebow Bill," bills related to the teacher shortage, and bills pertaining to school discipline. There was good news on the Tebow Bill and teacher licensure, however mixed results occurred for discipline bills. VSBA worked with one patron to amend the language of his bill to retain more flexibility for local boards for long-term suspensions. Another bill did pass subcommittee on a narrow vote. VSBA staff will continue to advocate on this and our other legislative positions. Details are included below.
House Education Subcommittee #3 met at 7 a.m. today and considered the following bills of interest to VSBA:
HB 199 (Sullivan) - This bill would require the Superintendent of Public Instruction to establish and appoint members to the Digital Citizenship, Internet Safety, and Media Literacy Advisory Council (Council), including at least one teacher, librarian, representative of a parent-teacher organization, school administrator, and individual with expertise in digital citizenship, Internet safety, and media literacy. This would have no local requirement and would provide additional resources on this subject to local divisions. The VSBA spoke in support of the bill. The subcommittee recommended the bill for reporting unanimously (8-0).
HB 443 (Carroll Foy) - This bill would require the Board of Education, in establishing high school graduation requirements, to provide for the substitution of computer coding course credit for any foreign language course credit required to graduate, except in cases in which such foreign language course credit is required to earn an advanced diploma offered by a nationally recognized provider of college-level courses.The subcommittee recommended the bill for reporting unanimously (8-0).
HB 1000 (Gilbert) - This bill would prohibit any school board from employing any individual who has been convicted of any felony or crime of moral turpitude, unless such individual (i) was previously employed in good standing by any school board, has been granted a simple pardon by the Governor, and, in the case of a felon, has had his civil rights restored by the Governor or (ii) is employed in good standing by the school board on July 1, 2018. VSBA staff worked with the Delegate to amend
the language to make sure there were no unintended limitations to school boards
in hiring decisions regarding individuals with misdemeanor convictions. The subcommittee recommended the bill for reporting as amended unanimously (7-0).
HB 1118 (VanValkenburg) - This bill would establish the SAT School Day Fund (the Fund) and requires the Board of Education to establish and maintain the SAT School Day Program (the Program) whereby the Board utilizes funds made available through the Fund to enter into a contract with the College Board to enable each public high school junior in the Commonwealth to participate in the SAT free of charge during a select school day. The subcommittee recommend the bill for reporting and referral to the House Appropriations Committee unanimously (7-0).
HB 231 (Hope) - This bill would clarify that in a county with the county manager plan of government (Arlington County), the county may have an elected school board notwithstanding the default method of school board appointment as set out in the Code. The subcommittee recommended the bill for reporting unanimously (7-0).
HB 1265 (Cline) - This bill would require each education preparation program offered by a public institution of higher education or private institution of higher education that leads to a degree, concentration, or certificate for reading specialists to include coursework or other training in the identification of and the appropriate interventions, accommodations, and teaching techniques for students with dyslexia or a related disorder. The subcommittee recommended the bill for reporting unanimously (7-0).
The full House Education Committee met and considered the following bills of interest to VSBA:
HB 81 (Krizek) - This bill, as introduced, would have eliminated the requirement that school boards appoint a new division superintendent (i) within 180 days after a vacancy occurs or (ii) within 60 days after an appointed division superintendent who has not yet assumed his office is granted a release from such appointment. The bill was amended to allow the school board to receive an extension of time within which to appoint a division superintendent, upon request. VSBA supports this bill. The committee reported the amended bill unanimously (17-0).
HB 329 (Yancey) - This bill would require the Board of Education, in establishing high school graduation requirements, to permit students to exceed a full course load in order to participate in courses offered by an institution of higher education that lead to a degree, certificate, or credential at such institution. VSBA supports this bill. The committee reported the bill unanimously (17-0).
HB 330 (Yancey) - This bill would permit any public elementary or secondary school student to possess and use topical sunscreen on a school bus, on school property, or at a school-sponsored event without a note or prescription from a licensed health care professional if the topical sunscreen is approved by the U.S. Food and Drug Administration for nonprescription use for the purpose of limiting damage to skin caused by exposure to ultraviolet light. The committee reported the bill unanimously (18-0).
HB 339 (Keam) - This bill would require each school board to implement a plan to notify students and their parents of the availability of internships, externships, apprenticeships, credentialing programs, certification programs, licensure programs, and other work-based learning experiences. The committee reported the bill unanimously (18-0).
HB 442 (Carroll Foy) - This bill would require the Department of Education to develop, maintain, and make available to each local school board a catalogue of the testing accommodations available to English language learners for each certification, examination, assessment, and battery that satisfies the career and technical education credential graduation requirement. The bill has a delayed effective date of July 1, 2019. The committee reported the bill unanimously (18-0).
HB 507 (Mullin) - This bill would provide that (i) the instructional programs for students with limited English proficiency implemented by each local school board may include dual language programs whereby such students receive instruction in English and in a second language and (ii) the additional full-time equivalent instructional positions for students identified as having limited English proficiency that are funded pursuant to the general appropriation act may include dual language teachers who provide instruction in English and in a second language. VSBA supports this bill. The committee reported the bill (20-2).
HB 809 (O'Quinn) - This bill would permit local school boards to display advertising material on the sides of school buses between the rear wheels and the rear of the bus, provided that no such material (i) obstructs the name of the school division or the number of the school bus, (ii) is sexually explicit, or (iii) pertains to alcohol; food or beverages that do not meet the nutrition standards developed by the U.S. Department of Agriculture pursuant to the federal Healthy, Hunger-Free Kids Act of 2010 or any additional state or local nutrition standards for food or beverages sold to students in school; gambling; politics; or tobacco. The bill was reported by the committee (19-2).
HB 1504 (Cline) -This bill would require enrollment in the Virtual Virginia online learning program during the school year to be open, on a space-available basis and free of charge, to each public high school student in the Commonwealth and each high school student in the Commonwealth who receives home instruction. VSBA opposes the bill. The bill failed to report out of committee on a vote of 11 to 12.
HB 496 (Bell) - This bill, also known as as the "Tebow Bill" would prohibit public schools from joining an organization governing interscholastic programs that does not deem eligible for participation a student who (i) receives home instruction (among other conditions). VSBA spoke in opposition to this bill. The measure to advance the bill failed on a (11-11) tie vote.
House Education Committee Subcommittee #1 met and considered numerous bills relevant to VSBA interests, including ones that touched on the topics of school discipline and teacher shortages/licensure/reciprocity:
Bills pertaining to the Teacher Shortage:
HB 80 (Krizek) - This bill would require the Board of Education, in its regulations providing for teacher licensure by reciprocity, to permit third-party verification of any documents required to be submitted by the applicant as part of the application packet. The subcommittee recommended the bill for reporting unanimously (8-0).
The following bills were taken by for the day so that they could be incorporated into an omnibus bill (HB 1125):
HB 317 (Ward) - This bill would permit the Board of Education to extend, for up to two additional years, the three-year provisional license of any teacher who requires additional time to satisfy the requirements for a renewable license. VSBA supports this bill. This bill was taken by for the day to coordinate language with HB 1125.
HB 320 (Ward) - This bill would Eliminates the requirements that teachers seeking initial licensure or renewal of a license (i) demonstrate proficiency in the use of educational technology for instruction and (ii) receive professional development in instructional methods tailored to promote student academic progress and effective preparation for the Standards of Learning end-of-course and end-of-grade assessments. This bill was taken by for the day to coordinate language with HB 1125.
HB 334 (Ward) - This bill would allow an individual who seeks a provisional teacher license to satisfy certain licensure requirements, such as demonstrating proficiency in the use of educational technology for instruction and completing study in child abuse recognition and intervention, during the first year of provisional licensure. Current law requires that such licensure requirements be met prior to the granting of a provisional teacher license. This bill was taken by for the day to coordinate language with HB 1125.
HB 1125 (Landes) - This is the proposed omnibus bill discussed in subcommittee. This bill would make several changes to the teacher licensure process, including (i) allowing an individual who seeks a provisional teacher license to satisfy certain licensure requirements during the period of provisional licensure; (ii) permitting the Board of Education to extend, for up to two additional years, the three-year provisional license of any teacher who requires additional time to satisfy the requirements for a renewable license; (iii) permitting teachers with a valid out-of-state license, with full credentials and without deficiencies, to receive licensure by reciprocity without passing additional licensing assessments; (iv) eliminating the requirements that teachers seeking initial licensure or renewal of a license (a) demonstrate proficiency in the use of educational technology for instruction and (b) receive professional development in instructional methods tailored to promote student academic progress and effective preparation for the Standards of Learning end-of-course and end-of-grade assessments; (v) permitting any division superintendent to apply to the Department of Education for an annual waiver of the teacher licensure requirements for any individual whom the local school board hires or seeks to hire to teach in a specific content area who demonstrates exemplary content knowledge in such area; and (vi) specifying that for the purpose of Board of Education regulations for the approval of teacher education programs, the term "education preparation program" includes four-year bachelor's degree programs in teacher education. VSBA
spoke in support of the bill. The bill was taken by for the day until next meeting to
incorporate elements of Delegate Ward's bills.
HB 1127 (Landes) - This bill would make changes to three-year career and technical education teacher licenses by (i) removing the cap on licensee teaching hours and permitting licensees to teach up to full time, (ii) expanding eligibility for such licenses to any individual who has at least two years of experience as a teaching assistant in the school division in the specific career and technical education subject area in which the individual seeks to teach and meets all other applicable eligibility criteria, and (iii) increasing from one year to two years the period during which the employing school board is required to assign a mentor to supervise a licensee.The patron incorporated this bill into HB 1225.
HB 1156 (Wilt) - Requires the Board of Education, in its regulations governing licensure, to provide for licensure of teachers with an endorsement in dual language instruction pre-kindergarten through grade six. VSBA spoke
in support of the bill. the subcommittee recommended reporting the bill unanimously
(8-0).
HB 1416 (Edmunds) - This bill would Extends the term of the waiver of the teacher licensure requirements that a division superintendent may apply to the Board of Education for any individual whom the local school board hires or seeks to hire to teach in a trade and industrial education program and removes the requirement that such individual has at least 4,000 hours of recent and relevant employment experience (among other provisions). VSBA spoke in support of the bill. The motion to recommend the bill for reporting failed due to the lack of a second on the motion.
HB 215 (Knight) - This bill would declare eligible for a one-year provisional license through the Virginia Career Switcher Alternative Route to Licensure Program any individual who has (i) completed the application process, (ii) received a baccalaureate degree from a regionally accredited institution of higher education, (iii) completed the requirements for an endorsement in a teaching area or the equivalent through verifiable experience or academic study, (iv) received qualifying scores on the professional teacher's assessments prescribed by the Board of Education, and (v) completed at least 30 credit hours of teaching experience as an adjunct professor at an institution of higher education. VSBA spoke in support of the bill and suggested clarifying language. The subcommittee recommended the bill for reporting unanimously (8-0)
Bills pertaining to School Discipline:
HB 1600 (Bourne) - This bill would reduce the maximum length of a long-term suspension from 364 calendar days to 45 school days. VSBA staff worked with the patron and other members of the subcommittee to amend the language to allow for suspensions longer than 45 days for repeat offenses and for aggravating circumstances defined by local school boards in a written policy. The subcommittee recommended the amended bill for reporting (8-0).
HB 688 (McQuinn) - This bill would require local school boards to provide alternative education programs for suspended students. VSBA staff spoke passionately in opposition to this bill given the scope of the unfunded mandate it would create. A motion to pass the bill by indefinitely failed (3-4). The subcommittee recommended the bill for reporting (4-3). A member of the subcommittee was not present for either vote.
Other Bills of Interest:
HB 121 (Rasoul) - This bill would require the Department of Education to establish an interagency taskforce composed of state and local agencies and entities in the areas of early childhood development, health, social services, community engagement, family engagement, higher education, and workforce development for the purpose of developing a program for the establishment of community schools whereby public elementary and secondary schools serve as centers for the provision of such community programs and services to students and their families as may be necessary on the basis of the unique needs of the student population to be served. The subcommittee recommended the bill to be reported (5-2).
HB 90 (J. Bell) - This bill would permit a school board to conduct a teacher grievance hearing before a three-member fact-finding panel consisting of one member selected by the teacher, one member selected by the division superintendent, and an impartial hearing officer, selected by the other two panel members, to serve as the chairman of the panel. Under current law, the school board has the option of appointing a hearing officer or conducting such hearing itself. The bill also removes the requirement that a teacher grievance hearing be set within 15 days of the request for such hearing and extends from five days to 10 days the minimum period of advanced written notice to the teacher of the time and place of such hearing. VSBA spoke in opposition to bill. The subcommittee defeated the bill (5-3).
HB 1508 (L.R. Adams) - This bill declares it to be the policy of the Commonwealth that school boards that are unable to fund the total amount required by the locality's composite index of local ability to pay to reach the prevailing funded salary for (i) qualified instructional positions funded under the Standards of Quality, as set out in Direct Aid to Public Education in the general appropriation act, and (ii) support services positions shall receive, to the extent practicable, state funds for qualified instructional positions and support services positions in addition to those state funds that the school board receives for public school purposes. VSBA staff actively engaged the bill patron to clarify language. The bill was recommended for report and referred to House Appropriations (5-3).
HB 176 (R. Bell) - This bill would require the Department of Education to develop and implement a pilot program in two local school divisions in the Commonwealth to partner with the appropriate school board employees in each such local school division to (i) identify the resources, services, and supports required by each student who resides in each such local school division and who is educated in a private school setting pursuant to his Individualized Education Program; (ii) study the feasibility of transitioning each such student from his private school setting to an appropriate public school setting in the local school division and providing the identified resources, services, and supports in such public school setting; and (iii) recommend a process for redirecting federal, state, and local funds, including funds provided pursuant to the Children's Services Act, provided for the education of each such student to the local school division for the purpose of providing the identified resources, services, and supports in the appropriate public school setting. The bill was recommended to be reported unanimously (8-0).
HB 84 (Bell) - This bill would require any local school board that does not offer any elective course in American Sign Language to (i) grant academic credit for successful completion of an American Sign Language course offered by a comprehensive community college or a virtual education provider on the same basis as the successful completion of a foreign language course and (ii) count completion of any such American Sign Language course toward the fulfillment of any foreign language requirement for graduation. VSBA offered an amendment that the the term "virtual education provider" be changed to "multidivision online provider approved by the Board of Education," to clarify that the online course must be one that is approved. The bill was recommended for reporting by the subcommittee unanimously (8-0).
VSBA Staff also attended the meeting of Senate Committee on General Laws and Technology. One bill of interest to VSBA was considered:
SB 343 (Peake) - This bill would require that every public body afford an opportunity for public comment during any open meeting. The bill requires that the notice given by a public body prior to a meeting include information as to the approximate point during the meeting when public comment will be received. The bill permits public bodies to choose the approximate point during the meeting when public comment will be received and permits public bodies to adopt reasonable rules governing the public comment portion of the meeting, including imposing reasonable restrictions on time, place, and manner. VSBA voiced its opposition to this bill and the impact it could have on school board meetings. The Committee reported the bill unanimously (9-0).
