Starting the day on Thursday, VSBA staff attended the full Senate Education and Health Committee. Bills of interest to VSBA covered by the committee are listed below:
SB 261 (Suetterlein) - This bill would provide that a local school board that is required to employ two full-time librarians
for any middle school or high school may meet such requirement by employing two
full-time librarians, or one full-time librarian and one full-time media
specialist, instructional coach, personalized learning lab facilitator, content
coordinator, or instructional resource teacher. The bill also provides that a
local school board that is required to employ a full-time school-based clerical
person for the library for any middle school or high school may meet such
requirement by employing one full-time school-based clerical person for the
library, for instruction, or for assessment or career planning, or by employing
one full-time classroom instructional assistant. VSBA spoke in support of the bill. The committee voted to report the bill (8-7).
SB 274 (Barker) - This bill would increase from 540 hours to 990 hours the minimum instructional hours in a school year
for students in kindergarten. The bill directs the Board of Education to
promulgate regulations by July 1, 2020, establishing standards for
accreditation that include a requirement that the standard school day for
students in kindergarten average at least 5.5 instructional hours in order to
qualify for full accreditation. The bill has a delayed effective date of July
1, 2020. VSBA
spoke in opposition to the bill. The committee failed to report the bill (7-8).
SB 303 (Marsden) - This bill would require each school board to (i) develop and implement a policy to prohibit the use of
tobacco products and nicotine vapor products on a school bus, on school
property, or at a school-sponsored activity and (ii) include in its code of
student conduct a prohibition against possessing tobacco products or nicotine
vapor products on a school bus, on school property, or at a school-sponsored activity. The committee voted to pass the bill by indefinitely (9-6).
SB 361 (Spruill) - This bill would eliminate the cap on the annual salary that
the school board of the City of Norfolk may pay its appointed members.
Beginning July 1, 2018, all members of such school board will be elected
members. The full committee reported the bill unanimously (15-0).
SB366 (Stuart) - This bill would exclude 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 or at least one full-time equivalent
school nurse position per 550 students in grades kindergarten through 12. The committee voted unanimously to carry the bill
over into 2019 (14-0).
SB 516 (Obenshain) - This bill would authorize the Board of Education (the Board) to establish regional charter school
divisions consisting of at least two but not more than three existing school
divisions in regions in which each underlying school division has (i) an
enrollment of more than 3,000 students and (ii) one or more schools that have
accreditation denied status for two out of the past three years. The bill would require such regional charter school divisions to be supervised by a school
board that consists of eight members appointed by the Board and one member
appointed by the localities of each of the underlying divisions. The bill would authorize the school board, after a review by the Board, to review and approve
public charter school applications in the regional charter school divisions and
to contract with the applicant. The bill would require that the state share of
Standards of Quality per pupil funding of the underlying school district in
which the student resides be transferred to such school. VSBA spoke in strong opposition to the bill on the grounds that it was unconstitutional, among other things. The committee voted to report and refer the bill to Senate Finance (8-7).
SB 537(Hanger)
- This bill would require the General Assembly to modify the current standards of quality funding formula
and calculation of composite index of local ability to pay to incorporate
within the real estate indicator of local wealth the land-use assessment value
for those properties located within a land-use plan. The committee voted unanimously to refer the bill to Senate Finance (15-0).
SB 713 (Dunnavant) - This bill would require local school divisions to identify students in grades 10, 11, and 12 who are at
risk of graduating without the necessary skills to take college-level
mathematics coursework, as demonstrated by their individual performance on a
Standards of Learning assessment, the PreACT, PSAT/NMSQT, ACT, or SAT, the
Virginia Placement Test, or any diagnostic test that has been approved by the
Department and to provide mathematics intervention services to such students.
The bill would require such intervention services to be aligned with the
developmental math curriculum offered by the Virginia Community College System
and provides that local school divisions may partner with a local comprehensive
community college to provide such intervention services. VSBA opposed the bill. The committee voted unanimously to carry the bill over for the year and refer the subject matter to the Future of Public Education
Commission (15-0).
SB 785 (Surrovell) -
This bill would prohibit local school boards from requiring the use of any
electronic textbook in any course in grades six through 12 unless the school
board adopts a plan to ensure that by July 1, 2020, (i) each student enrolled
in such course will have access to a personal computing device capable of
supporting such textbooks and (ii) the relevant school has adequate
connectivity, which the bill defines as bandwidth of at least one megabit per
second per enrolled student. VSBA expressed concerns over the unfunded
mandate and scope of this bill in subcommittee. There was an amendment in nature of substitute which reduced the specified bandwidth speeds. The committee reported the bill unanimously (15-0).
SB 840 (Favola) -
This bill would require each local school board to adopt policies that (i)
prohibit school board employees from publicly identifying or stigmatizing a
student who cannot pay for a meal at school or who owes a meal debt, including
requiring that such student wear a wristband or hand stamp; (ii) prohibit
school board employees from requiring a student who cannot pay for a meal at
school or who owes a school meal debt to do chores or other work to pay for
such meals; and (iii) require school board employees to direct any
communication relating to a school meal debt to the student's parent, which may
be made by a letter addressed to the parent to be sent home with the
student. The committee voted unanimously to report the bill (14-0).
SB 865 (Black) -
This bill would require that the first reading
diagnostic test administered to a student in kindergarten through grade three
include a rapid alphabet naming component and that local school divisions
report the results of reading diagnostic tests to parents, including subset
scores. The committee voted unanimously to carry the bill over to the 2019 session (15-0).
SB 880 (Stuart) - This bill would require that the composite index of localability to pay for any county within which there is a school division composedof a town be calculated as if there were no such school division composed of at own within the county. The committee voted unanimously to refer the bill to Senate Finance (15-0).
SB 960 (Suetterlein) - This bill would permit each local school board to (i) establish High School to Work Partnerships
(Partnerships) between public high schools and local businesses to create
opportunities for high school students to (a) participate in an apprenticeship,
internship, or job shadow program in a variety of trades and skilled labor
positions or (b) tour local businesses and meet with owners and employees or
(ii) delegate the authority to establish Partnerships to the local school
division's career and technical education administrator or his designee, in
collaboration with the guidance counselor office of each public high school in
the school division. The bill would require such local school boards to educate high
school students about opportunities available through such Partnerships. The
bill would also require the Board of Education, the Department of Labor and
Industry, and the State Board for Community Colleges to identify Partnerships
that may be eligible for exemptions from certain federal and state labor laws
and regulations and establish procedures by which such exemptions may be
obtained for such Partnerships. The committee voted unanimously to report the bill (15-0).
SB 961 (Mason) - This bill would align provisions
regarding when a homeless child or youth is deemed to reside in a school
division with Subtitle VII-B of the federal McKinney-Vento Homeless Assistance
Act, as amended (42 U.S.C. § 11431 et seq.) and updates references to such act. The committee voted unanimously to report the bill (15-0).
SB 969 (Newman) -
This bill would require the Board of Education to provide for a verified
credit in social studies in high school. The committee approved an
amendment in nature of substitute and reported the bill (14-1).
Following the morning committee meeting, VSBA staff attended the afternoon meeting of Senate Education Subcommittee Public Education. Bills discussed of relevance to VSBA included:
SB 170 (Stanley) -This bill would prohibit students in preschool through grade
three from being suspended or expelled except for drug offenses, firearm
offenses, or certain criminal acts. VSBA had been in opposition to bill as originally written, but worked the patron to promote substitute language that modified the bill to
be less onerous and give flexibility to school divisions to maintain classroom
discipline and student/teacher safety. The amendment in nature of substitute
adopted was adopted by the subcommittee. VSBA spoke in support of the amended bill. The subcommittee then recommended to report the bill unanimously (5-0).
SB 302 (Favola) - This bill would provide that a local school board applying for
its school division to be designated as a School Division of Innovation may apply
to the Board of Education (Board) to replace certain Standards of Learning
assessments with performance-based assessments. The bill would require the Board to
determine if the local school board has the capacity to administer and score
performance-based assessments and provides criteria for such determination.
Under the bill, any proposed performance-based assessment is required to be an
adequate replacement of the relevant Standards of Learning assessment by
requiring that students demonstrate the knowledge and skills required by the
relevant Standards of Learning and one or more of critical thinking,
creativity, collaboration, communication, or citizenship. The standards of
learning assessments that would be eligible for replacement are (i) Virginia Studies, (ii)
Civics and Economics, (iii) elementary school science, and (iv) middle school
science. The bill would require the Board to promulgate any necessary regulations
and to submit to the U.S. Department of Education any necessary amendments to
its consolidated State plan. VSBA supports this bill. The subcommittee voted unanimously (5-0) to roll SB 302 and SB 437 into each
other due to their similarities. The subcommittee then voted to pass the bill by indefinitely (3-2).
SB 437 (Wexton) - This bill would provide that a local school board applying for its school division to be designated as a School Division of Innovation may apply to the Board of Education (Board) to replace certain Standards of Learning assessments with performance-based assessments. The bill would require the Board to determine if the local school board has the capacity to administer and score performance-based assessments and provides criteria for such determination. Under the bill, any proposed performance-based assessment is required to be an adequate replacement of the relevant Standards of Learning assessment by requiring that students demonstrate the knowledge and skills required by the relevant Standards of Learning and one or more of critical thinking, creativity, collaboration, communication, or citizenship. The standards of learning assessments that would be eligible for replacement are (i) Virginia Studies, (ii) Civics and Economics, (iii) elementary school science, and (iv) middle school science. The bill would require the Board to promulgate any necessary regulations and to submit to the U.S. Department of Education any necessary amendments to its consolidated State plan. VSBA supports this bill. The subcommittee voted unanimously (5-0) to roll SB 302 and SB 437 into each other due to their similarities. The subcommittee then voted to pass the bill by indefinitely (3-2).
SB 491 (Sturtevant) - This bill would reduce the total number and type of required
Standards of Learning assessments to the minimum requirements established by
the federal Elementary and Secondary Education Act of 1965, P.L. 89-10, as
amended. The bill would require the Department of Education to calculate any
potential or realized savings from the implementation of the bill and to report
the amount of such savings to the Governor and the Chairmen of the House
Committee on Appropriations and Senate Committee on Finance by November 1,
2019. Such amount shall be included in the total for Direct Aid to Public
Education in any general appropriation act for fiscal years 2021 and 2022. VSBA spoke in support of the
bill. The subcommittee voted to pass by indefinitely (3-2).
SB 664 (McPike) - This bill would require the Board of Education, in its graduation
requirements, to permit a passing score on an industry certification approved
by the local school board or any instruction received, coursework completed, or
study toward achieving such passing score to count toward the requirement for a
student to receive 140 clock hours of instruction for any course, regardless of
subject matter relevance, provided that such achievement, instruction,
coursework, or study occurs after the student has completed the course
curriculum and relevant Standards of Learning assessment.The subcommittee recommended the
bill to be reported unanimously (5-0).
SB 349 (Peake) - Teacher licensure; critical shortage areas. Requires the Board of Education to provide for
the issuance of a provisional license, valid for a period not to exceed five
years, to any person who does not meet the requirements for licensure imposed
by law but who has the appropriate level of experience or training in a
critical teacher subject matter shortage area or agrees to teach in a critical
teacher geographic area as defined in the Board's regulations. The bill
contains an emergency clause. An amendment in the nature of
substitute (combining the teacher licensure bills) SB 548, SB 549, SB 551, SB
558, SB 863, SB 723, SB 257, SB 409 was adopted by the subcommittee. VSBA supports the omnibus bill. The subcommittee recommended to
report unanimously (5-0).
SB 936 (Wagner) – This bill would direct the Board of Education to
establish the Standards of Achievement Career and Technical Education Committee
(Committee) to make recommendations to the General Assembly and the Board of
Education to facilitate the development of career and technical education
Standards of Achievement, including accreditation standards, assessment
testing, and course content and curriculum for participating schools, with a
focus on (i) rigorous standards and course content and curriculum that align
workforce skills with industry-recognized standards; (ii) robust business and
industry engagement and responsiveness to labor market needs; (iii) strategies
to remove the stigma from career and technical education, including early
exposure to career options and life skills; (iv) work-based learning and
apprenticeships; (v) innovative high school models; and (vi) leveraging
existing resources and programs in the Commonwealth. The Committee shall
identify any necessary changes to statutory and regulatory provisions,
including existing requirements regarding (a) instructional programs; (b)
instructional, administrative, and, support personnel; (c) accreditation; (d) assessments;
(e) graduation requirements; (f) teacher licensure; and (g) dual enrollment.
The bill requires the Committee to report its findings and recommendation to
the General Assembly and the Board of Education by November 1, 2018. The
subcommittee recommended to carry the bill over to 2019 with a letter of
reference to the Future of Public Education Commission (3-2).
SB 953 (Deeds) - This bill would require health
instruction to incorporate standards that recognize the multiple dimensions of
health by including mental health and the relationship of physical and mental
health so as to enhance student understanding, attitudes, and behavior that
promote health, well-being, and human dignity. The bill would also direct the Board
of Education to review and update the health Standards of Learning for students
in grades nine and 10 to include mental health. The subcommittee recommended to report bill 4-0 with one
abstention.
Later that evening, VSBA staff attended a meeting of House Rules Subcommittee #1. Of interest to our association were the following bills:
HJ 88 (Bagby) - Study;
Department of Education to study teacher licensing process; report. Requests
the Department of Education to study the teacher licensure process and the
assessment requirements therein for any inherent biases that may prevent
minority teacher candidates from entering the profession. VSBA supports the bill. The bill failed to be recommended for reporting on a tie vote (3-3).
HJ 138 (Roem) - This bill would request each school board in the Commonwealth to provide resources
or training to all full-time and part-time school board employees on the
identification of students who are suicidal. The subcommittee failed to recommend the bill to be reported the bill (3-4).
The following day, VSBA staff attended the meeting of House Education Subcommittee #2. Bills discussed of relevance were:
HB 44 (Filler-Corn) - This bill 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, including instruction that increases student awareness of the fact that consent is required before sexual activity. Under current law, such elements are permitted but not required to be incorporated into such curricula. The subcommittee failed to recommend the bill for reporting on a tie vote (5-5).
HB 109 (Delaney) - This bill would require each local school board that does not offer a full-day kindergarten program for
each kindergarten student in the school division to develop a plan to fund and
phase in a full-day kindergarten program for each kindergarten student in the
school division and submit the plan to the General Assembly in advance of the
2019 Regular Session of the General Assembly. The subcommittee voted to lay the bill on the table (6-4).
HB 350 (Reid) - This bill would require each local school board that does not offer a universal full-day kindergarten (FDK) program for each kindergarten student in the school division to develop and implement a plan to fund and phase in a universal FDK program for each kindergarten student in the school division and submit the plan to the General Assembly in advance of the 2019 Regular Session of the General Assembly. The bill would require such plan to identify the number and percentage of students enrolled in FDK in the local school division (i) during the 2014-2015 school year and (ii) at the end of 2017, the specific steps for full implementation of the plan, impediments to full implementation of the plan, the areas in which support from the Commonwealth is necessary to achieve full implementation of the plan, and lessons learned from previous or ongoing efforts to provide a universal FDK program that can be shared with other local school boards that do not offer a universal FDK program. There was an amendment in a nature of a
substitute. The Subcommittee recommend to report and refer the bill to House Appropriations unanimously
(8-0).
HB 380 (Krizek) - This bill would establishe the Grow Your Own Teacher Program Fund and permits the Department of Education to award grants from such fund to local school boards to establish Grow Your Own Teacher Programs whereby the local school board provides scholarships not to exceed $7,500 per academic year for attendance at a baccalaureate institution of higher education in the Commonwealth to any individual who (i) graduated from a public high school in the local school division; (ii) was eligible for free or reduced price lunch throughout the individual's attendance at a public high school in the local school division; and (iii) commits to teach, within three years of graduating from the baccalaureate institution of higher education in the Commonwealth and for a period of at least four years, in the school division at a public high school at which at least 50 percent of students qualify for free or reduced price lunch. The bill provides that in the event that any program scholarship recipient fails or refuses to comply with such teaching obligation, the sum of all scholarship funds received by such individual shall be converted to a loan that is subject to repayment with interest. VSBA supports this bill. An amendment in the nature of a substitute was adopted. The subcommittee
recommended to report and refer to House Appropriations unanimously (9-0).
HB 632 (Bulova) - This bill would require the Board of Education (Board) to (i) establish content standards and curriculum guidelines for courses and programs of instruction in existing courses in career investigation in elementary school, middle school, and high school; (ii) develop, in consultation with representatives of career and technical education, trade, and contractor organizations, career investigation resource materials that are designed to ensure that students have the ability to further explore interest in career and technical education opportunities in middle and high school; and (iii) disseminate such career investigation resource materials to each school board. The bill would direct each school board to require each middle school student to take at least one course or program of instruction in an existing course in career investigation and permits each school board to require such courses or programs of instruction in career investigation at the elementary and high school level as it deems appropriate. The bill provides that each such course and program of instruction shall be equivalent in content and rigor to the Board's content standards and curriculum guidelines and shall provide the foundation for students to develop their academic and career plans. There was an amendment in the nature if a substitute. The
subcommittee recommended the bill to be reported unanimously (10-0).
HB 694 (Poindexter) - This bill would require each school board to establish a policy to prohibit any teacher in the school division from assigning to any student a homework assignment that requires the use of an Internet connection that is capable of transmitting information at a rate that is not less than 256 kilobits per second in at least one direction when such student lacks meaningful access to such an Internet connection. VSBA opposes this bill. The subcommittee moved unanimously to lay the bill on the table (9-0).
HB 1119 (VanValkenburg) - This bill would require the Superintendent of Public Instruction to develop and make available annually to each public elementary and secondary school teacher in the Commonwealth a voluntary and anonymous school climate survey to evaluate school-level teaching conditions and the impact such conditions have on teacher retention and student achievement. The bill would require such survey to include questions regarding school leadership, teacher leadership, teacher autonomy, demands on teachers'
time, student conduct management, professional development, instructional practices and support, new teacher support, community engagement and support, and facilities and other resources. The subcommittee recommended to
report and refer with amendments to House Appropriations unanimously (10-0).
HB 1223 (Rodman) - This bill would require the Board of Education to include in its Standards of Learning for family life education standards for age-appropriate instruction in the prevention, recognition, and awareness of child abduction, child abuse, child sexual exploitation, and child sexual abuse. The bill requires such standards to be taught in grades K through 12. The subcommittee failed to recommend and report the bill (4-6).
HB 1419 (Delaney) - This bill would require local school boards to provide (i) a minimum of 680 hours of instructional time to students in elementary except for students in half-day kindergarten and (ii) a minimum of 375 hours of instructional time to students in half-day kindergarten in the four academic disciplines of English, mathematics, science, and history and social science. The bill would authorize local school boards to include and requires the Board of Education to accept, elementary school, unstructured recreational time that is intended to develop teamwork, social skills, and overall physical fitness in any calculation of total instructional time or teaching hours. There was an amendment in the nature of a substitute. VSBA
spoke in support of the bill. The subcommittee recommended the bill be reported unanimously (10-0).
HB 1434 (Keam) - This bill originally would have required each school board to make tampons and pads available at all times and at no cost to students in the bathrooms of each facility that it owns, leases, or otherwise controls that houses a public school at which any student in grades six through 12 is enrolled. A substitute was adopted in subcommittee that created a pilot program. The subcommittee failed to recommend the substitute for reporting on a tie vote (4-4). The subcommittee agreed to send a letter of referral to the Board of Education.
HB 1485 (Filler-Corn) - This bill would make several changes to the procedures relating to interventions when a pupil fails to report to school for a total of five scheduled school days for the school year, no indication has been received by school personnel that the pupil's parent is aware of and supports the pupil's absence, and a reasonable effort to notify the parent has failed, including (i) removing the appointed attendance officer as a party to the plan to resolve such nonattendance, (ii) permitting but not requiring the attendance officer to participate in the conference necessitated by additional absences subsequent to the development of the plan, and (iii) permitting but not requiring the attendance officer to file a complaint with the juvenile and domestic relations court alleging the pupil is a child in need of supervision or to institute criminal proceedings against the parent pursuant to relevant law. Under current law, the attendance officer is required to participate in such conference and is also required to file such complaint and institute such proceedings in cases in which the pupil is absent for an additional school day without indication that the pupil's parent is aware of and supports the pupil's absence. There was an amendment in the nature of a substitute. The subcommittee
recommended the substitute to be reported (8-2).
HB252 (Guzman) This bill was amended to require one school counselor per 250 students at the high school level, "when funds allow". That last clause was inserted by the patron in an effort the reduce the fiscal impact of the bill but would have had the unintended consequence of making the entire staffing standard optional. The subcommittee recommended that the bill be passed by indefinitely. (6-3)
HB253 (Guzman) A substitute for this bill was adopted. The substitute would have set a maximum caseload of 5 students for any full-time special education aide who provides services to students who receive Level II services or who require an aide at least 85% of the time. The subcommittee recommended that the bill be passed by indefinitely. (6-3)
HB420 (Turpin) This bill would have required all school boards to administer the model exist questionnaire developed by the Superintendent of Public Instruction to all teachers who leave their employment. The subcommittee recommended that the bill be passed by indefinitely. (6-4)
HB676 (Pogge) A substitute was adopted. The substitute would, among other things, create a Deaf and Hard-of-Hearing Children's Advisory Subcommittee of the Disability Commission that would, among other things, recommend for adoption a resource guide for parents and assess the availability of services available in the Commonwealth to meet the needs of children who are deaf or hard of hearing. The subcommittee recommended that the bill report (8-1).
HB1044 (Torian) This bill would require every school board to adopt a policy to prohibit abusive work environments, provide for the appropriate discipline of any employee who contributes to an abusive work environment, and prohibits retaliation or reprisal against any employee who reports an abusive work environment or assists in any investigation of such allegations. The subcommittee recommended that the bill report (7-3).
HB1530 (Davis) A substitute was adopted. The substitute requires that the Board of Education convene a workgroup to study and make recommendations relating to (1) strategies for eliminating any stigmas associated with high school CTE pathways and students' choice to pursue coursework or other opportunities in CTE and related fields such as computer science and robotics and (2) the consolidation of the standard and advanced diplomas into one diploma and the creation of multiple endorsements for such diploma to recognize student competencies and achievements in specific subject matter areas. The subcommittee unanimously recommended that the substitute report (10-0).
HB252 (Guzman) This bill was amended to require one school counselor per 250 students at the high school level, "when funds allow". That last clause was inserted by the patron in an effort the reduce the fiscal impact of the bill but would have had the unintended consequence of making the entire staffing standard optional. The subcommittee recommended that the bill be passed by indefinitely. (6-3)
HB253 (Guzman) A substitute for this bill was adopted. The substitute would have set a maximum caseload of 5 students for any full-time special education aide who provides services to students who receive Level II services or who require an aide at least 85% of the time. The subcommittee recommended that the bill be passed by indefinitely. (6-3)
HB420 (Turpin) This bill would have required all school boards to administer the model exist questionnaire developed by the Superintendent of Public Instruction to all teachers who leave their employment. The subcommittee recommended that the bill be passed by indefinitely. (6-4)
HB676 (Pogge) A substitute was adopted. The substitute would, among other things, create a Deaf and Hard-of-Hearing Children's Advisory Subcommittee of the Disability Commission that would, among other things, recommend for adoption a resource guide for parents and assess the availability of services available in the Commonwealth to meet the needs of children who are deaf or hard of hearing. The subcommittee recommended that the bill report (8-1).
HB1044 (Torian) This bill would require every school board to adopt a policy to prohibit abusive work environments, provide for the appropriate discipline of any employee who contributes to an abusive work environment, and prohibits retaliation or reprisal against any employee who reports an abusive work environment or assists in any investigation of such allegations. The subcommittee recommended that the bill report (7-3).
HB1530 (Davis) A substitute was adopted. The substitute requires that the Board of Education convene a workgroup to study and make recommendations relating to (1) strategies for eliminating any stigmas associated with high school CTE pathways and students' choice to pursue coursework or other opportunities in CTE and related fields such as computer science and robotics and (2) the consolidation of the standard and advanced diplomas into one diploma and the creation of multiple endorsements for such diploma to recognize student competencies and achievements in specific subject matter areas. The subcommittee unanimously recommended that the substitute report (10-0).
