Monday, January 28, 2019

General Assembly Update for 1.28.19


The House Education Committee met this morning and considered the following bills of interest:

HB 1652 (Robinson) would make 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 requires local school boards that set the school calendar with a pre-Labor Day opening date, except those schools that were granted a "good cause" waiver for the 2018-2019 school year, to close all schools in the division from (i) the Thursday immediately preceding Labor Day through Labor Day or (ii) the Friday immediately preceding Labor Day through the Tuesday immediately succeeding Labor Day.  The bill was reported on a vote of 13-3

HB 1739 (Rush) specifies that, for the purpose of eligibility for grants for security equipment through the Public School Security Equipment Grant Act of 2013, security equipment includes software and mobile applications.  The bill was reported on a vote of 16-1.

HB 2297 (Simon) requires every person of school age to be deemed to reside in a school division for the purpose of eligibility for free public elementary and secondary education in such school division when all or any portion of the building in which such person resides with certain other individuals or as an emancipated minor is taxable by the locality in which the school division is located.  The bill was reported on a vote of 18-0.

HB 1881 (Keam) was amended with a substitute.  The substitute requires instruction concerning the health and safety risks of using nicotine vapor products to be provided in public schools.  The bill was reported and referred to Appropriations on a vote of 18-0.

HB 1868 (Hurst) renames the Virginia Index of Performance (VIP) incentive program as the Exemplar School Recognition Program (the Program) and makes several changes to the Program to align it with recent changes made by the Board of Education (the Board) to the Standards of Accreditation, including requiring the Board to design the Program to recognize and reward (i) schools that exceed Board-established requirements or show continuous improvement on academic and school quality indicators and (ii) schools, school divisions, and school boards that implement effective, innovative practices that are aligned with the Commonwealth's goals for public education.  The bill was reported on a vote of 11-7.

HB 1985 (Bell, R.P.) requires the Department of Education to annually collect from each school board and publish on its website various enrollment and achievement data on alternative education programs for students who have been suspended, expelled, or otherwise precluded from attendance at school. The bill requires such data to be published in a manner that protects the identities of individual students and disaggregated by local school division and by student race, ethnicity, gender, and disability.  The bill was reported on a vote of 18-0.

HB 2008 (Garrett) requires the Department of Education, in consultation with representatives from pertinent industries such as renewable energy, natural gas, nuclear energy, coal, and oil, to establish an energy career cluster. The bill requires the Department of Education to base the knowledge and skill sets contained in such energy career cluster on the energy industry competency and credential models developed by the Center for Energy Workforce Development in partnership with the U.S. Department of Labor. The bill further requires the Department of Education to report to the Chairmen of the House Committee on Education and the Senate Committee on Education and Health no later than December 1, 2019, on its progress toward establishing such energy career cluster.  The bill was reported on a vote of 18-0.

HB 2053 (McQuinn) requires the Department of Education, in consultation with representatives from pertinent industries such as renewable energy, natural gas, nuclear energy, coal, and oil, to establish an energy career cluster. The bill requires the Department of Education to base the knowledge and skill sets contained in such energy career cluster on the energy industry competency and credential models developed by the Center for Energy Workforce Development in partnership with the U.S. Department of Labor. The bill further requires the Department of Education to report to the Chairmen of the House Committee on Education and the Senate Committee on Education and Health no later than December 1, 2019, on its progress toward establishing such energy career cluster.  The Committee voted to report and refer to Appropriations on a vote of 17-0.

HB 2124 (Davis) requires the Board of Education to waive the requirement that school divisions provide additional teaching days or teaching hours to compensate for school closings resulting from an evacuation directed and compelled by the Governor. The bill provides that there shall be no proportionate reduction in the amount paid by the Commonwealth from the Basic School Aid Fund or the amount paid by a local governing body.  The Committee voted to report and refer the bill to Appropriations on a vote of 17-0.


HB 2140 (Thomas) permits the Board of Education to waive the requirement to set the school calendar so that the first day students are required to attend school must be after Labor Day for any school board that certifies to the Board of Education that the school division is entirely surrounded by school divisions that each have an opening date prior to Labor Day in the school year for which the waiver is sought.  The Committee voted to report the bill on a vote of 17-0.



HB 2417 (Turpin) aligns the state review process of underperforming schools and school divisions with the new Standards for Accreditation adopted by the Board of Education (Board). The bill requires the Department of Education to cause an academic or other review to be conducted to assist schools not meeting requirements for school quality indicators established by the Board. The Board may require a local school board to develop a corrective action plan for any such school within its division. The bill requires a school board of a school division that does not demonstrate progress in implementing such corrective action plan to enter into a memorandum of understanding with the Board. The bill also requires the school board of an underperforming school division to enter into a memorandum of understanding with the Board prior to developing a corrective action plan.  The Committee voted to report the bill on a vote of 20-0.


HB 2325 (Thomas) requires the Board of Education to include in its regulations that prescribe the requirements for the licensure of teachers and other school personnel required to hold a license procedures for the private reprimand of such license holders. The bill permits the Board of Education to issue private reprimand to any such license holder who knowingly and willfully commits a certain enumerated act relating to secure mandatory tests administered to students. The only express disciplinary actions that are permissible under current law in such a scenario are suspension or revocation of such individual's license. The bill also permits a school board or division superintendent to issue private reprimand to a teacher who breaches his employment contract after the school board or division superintendent declines to grant such teacher's request for release from such contract on the grounds of insufficient or unjustifiable cause. The only express disciplinary action that is permissible under current law in such a scenario is revocation of such teacher's license.  The subcommittee amended the bill to allow for a written reprimand, notice of which must be given to all division superintendents.  The Committee voted to report the bill on a vote of 19-0.

HB 2384 (Hope) requires each school board to (i) develop and implement a policy to prohibit the use and distribution of tobacco products and nicotine vapor products on a school bus, on school property, or at an on-site or off-site 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 an on-site or off-site school-sponsored activity. Current law only places these requirements on each school board with regard to electronic cigarettes. The bill requires such policy to include adequate provisions for enforcement among students, employees, and visitors, including the enumeration of possible sanctions or disciplinary action consistent with state or federal law, and referrals to resources to help staff and students overcome tobacco addiction. The bill provides such policies may include procedures for effectively communicating the policy to students, their parents and families, school personnel, visitors on school premises, and local residents, groups, businesses, and other organizations served by the school. The Committee voted to report the bill on a vote of 18-1.

HB 2400 (Roem) requires each local school board that collects information to determine eligibility for participation in the School Breakfast Program or the National School Lunch Program administered by the U.S. Department of Agriculture to establish and post prominently on its website a web-based application for student participation in such program and to continue to provide a paper-based application. The bill permits any school board in establishing such an application to adopt the U.S. Department of Agriculture's Web-Based Prototype Application for Free and Reduced Price School Meals or to digitize its existing paper-based application.  The Committee voted that the bill be reported on a vote of 19-0. 

HB 2486 (Robinson) requires the Board of Education (Board) to provide for the issuance of a provisional license, valid for a period not to exceed three years, to any individual who has successfully completed the American Board for Certification of Teacher Excellence alternative teacher certification program and who meets the basic conditions for licensure established by the Board pursuant to subsection A of 8VAC20-23-40.  The Committee voted to report the bill on a vote of 18-0.

HB 2593 (Rodman) Directs the Board of Education to review and update the health Standards of Learning for students in all grades to include mental health. Legislation passed in 2018 required such review and update for students in grades nine and 10.  The Committee voted to report and refer the bill to Appropriations on a vote of 17-1.

HB 2623 (Ransone) a substitute was adopted which would require the Board of Education to develop a model policy regarding the provision of mental health counseling to 
students.  The Committee voted to report the substitute on a vote of 16-0.

HB 2662 (Landes) directs the Board of Education, in establishing high school graduation requirements, to require students to complete (i) a work experience such as an internship, an externship, or another work-based or service-based learning experience during eleventh or twelfth grade and (ii) a capstone project that aligns with and further develops the knowledge and skills attained through such work experience.  The Committee voted to report the substitute on a vote of 18-0.

HB 2721 (Freitas) allows a school security officer to carry a firearm in the performance of his duties if, within 10 years immediately prior to being hired by the local school board, he was employed by a law-enforcement agency of the United States or any state or political subdivision thereof and his duties were substantially similar to those of a law-enforcement officer in the Commonwealth. Under current law, only a school security officer who was an active law-enforcement officer in the Commonwealth within 10 years immediately prior to being hired by the local school board may qualify to carry a firearm in the performance of his duties.  The Committee voted to report the bill on a vote of 13-4.

Subcommittee #1 of the House Education Committee met this evening and considered the following bills:

HB 1643 (Hope) was amended to require the Board of Education to develop guidelines establish a process for school board to seek alternate routes to provisional or renewable licensure for teachers.  The bill was recommended for reporting by the subcommittee on a vote of 8-0.

HB 1753 (Sickles) was amended in subcommittee to prohibit the use of electronic room partitions whenever students are present in the building unless the partition is fitted with safety sensors.  The subcommittee recommended the bill to be reported on a vote of 8-0.

HB 2205 (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. Under current law, such elements are permissive in any high school family life education curriculum.  The subcommittee recommended the bill to be reported on a vote of 8-0.

HB 2338 (Landes) was amended in subcommittee to require the Board of Education to require in the graduation requirements a requirement that students earn one verified credit in Virginia and U.S. history by passing an SOL assessment, Board approved standardized test, or earning a locally awarded verified credit.  The subcommittee recommended the bill to be reported on a vote of 5-3.

HB 2508 (Pogge) would include licensed behavior analysts and licensed assistant behavior analysts as support services positions in the SOQ.  The subcommittee recommended the bill to be reported and referred to Appropriations on a vote of 8-0.

HB 2520 (Ayala) was amended to require the Secretary of Education to establish the 21-member College and Career Readiness Steering Committee to (i) develop and oversee implementation of a strategic plan for ensuring that all students in the Commonwealth, and particularly subgroups of students who have been historically underserved, graduate from high school (a) meeting the requirements for an advanced studies diploma, (b) having had the opportunity to participate and succeed in pathways that integrate rigorous academic instruction aligned with the Standards of Learning, including career and technical education, work-based learning, wraparound services, and opportunities to earn credit for postsecondary education while enrolled in high school, and (c) having had a high school experience that is aligned with expectations for postsecondary education and employer demand and (ii) provide certain recommendations, guidance, leadership, goals, and assistance relating to the implementation of such strategic plan.  The subcommittee recommended the bill to be reported on a vote of 6-2.

HB 2574 (LaRock) would allow a local school board, when applying for its school division to be designated as a School Division of Innovation, to apply to the Board of Education to replace certain Standards of Learning assessments with performance-based assessments. The bill requires 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. The bill requires any proposed performance-based assessment to be an adequate replacement of the relevant Standards of Learning assessment and requires students to 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 eligible for replacement are (i) Virginia Studies, (ii) Civics and Economics, (iii) elementary school science, and (iv) middle school science. The bill further requires 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.  The subcommittee recommended the bill to be reported on a vote of 8-0.

HB 2599 (Bell, John B.) was amended to require the Board of Education, in adopting regulations regarding restraint and seclusion to identify and prohibit methods of restrain or seclusion that the Board determines pose a significant danger to the student and establish safety standards for seclusion.  The subcommittee recommended the bill to be reported on a vote of 8-0.

HB 2646 (Hugo) would reduce from 29 to 28 the maximum class size in kindergarten; from 30 to 28 the maximum class size in grades one, two, and three; and from 35 to 29 the maximum class size in grades four, five, and six.  The subcommittee recommended the bill to be reported and referred to Appropriations on a vote of 8-0.

HB 2720 (Gooditis) specifies that, for the purpose of eligibility for grants for security equipment through the Public School Security Equipment Grant Act of 2013, security equipment includes building modifications and fixtures, such as security vestibules.  The subcommittee recommended the bill to be reported on a vote of 8-0.

HB2382 (Hurst) would declare that, except in certain limited circumstances, a student journalist at a public elementary or secondary school or public institution of higher education has the right to exercise freedom of speech and the press in school-sponsored media, including determining the news, opinion, feature, and advertising content of school-sponsored media, regardless of whether the media is supported financially by the school board, supported through the use of school facilities in the school division, or produced in conjunction with a course or class in which the student is enrolled. The bill defines "school-sponsored media" as any material that is prepared, substantially written, published, or broadcast by a student journalist at a public elementary or secondary school or public institution of higher education under the direction of a student media adviser and distributed or generally made available to members of the student body.  The bill failed on a 3-5 vote.

HB2570 (LaRock) would have required an affirmative parental opt-in for any student to participate in the family life curriculum.  The bill failed on a vote of 4-4.

HB2612 (VanValkenburg) would have required an average of 45 minutes of planning time daily for elementary school teachers.  The bill was tabled on a vote of 5-3.

HB 2463 (Tran) would shift the burden of proof to the local school board in most special education due process hearings.  The subcommittee voted to pass the bill by and request that the Chairman of the House Education Committee request that the issue be included in an ongoing JLARC study.