Wednesday, January 22, 2020

PreK-12 Subcommittee of the House Education Committee January 22, 2020


This morning, the PreK-12 Subcommittee met and considered the following bills:

HB1491 (Guy) would require each public high school to provide to any enrolled student who is of voting age or otherwise eligible to register to vote access to Virginia voter registration information and applications and the opportunity to complete such application during the normal course of the school day.  The bill was amended in subcommittee to remove the requirement that principals provide training to staff on voter registration.  The amended bill was recommended for reporting 5-2.

HB762 (Cole) would expand eligibility for services under the Children's Services Act to students who transfer from an approved private school special education program to a public school special education program established and funded jointly by a local governing body and school division located within Planning District 16 for the purpose of providing special education and related services when (i) the public school special education program is able to provide services comparable to those of an approved private school special education program and (ii) the student would require placement in an approved private school special education program but for the availability of the public school special education program.  The bill was recommended for reporting 8-0.

HB49 (McNamara) would require the Department of Education and relevant local school boards to develop and implement a pilot program for the transition of students who are educated in private school settings pursuant to Individualized Education Programs to the appropriate public school setting in the relevant local school division for up to four years in two to eight local school divisions in the Commonwealth. In developing the pilot, the Department is required 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 requires the Department of Education to make a report to the Governor, the Senate Committees on Education and Health and Finance, and the House Committees on Education and Appropriations on the findings of the pilot program after two and four years.  The bill was recommended for reporting 8-0.

HB1557 (Fowler) would eliminate the annual salary limits for appointed school board members and permits any appointed school board to pay each of its members an annual salary that is consistent with the salary procedures and no more than the salary limits provided for local governments in Article 1.1 (§ 15.2-1414.1 et seq.) of Chapter 14 of Title 15.2 (Counties, Cities and Towns) or as provided by charter.   The bill was recommended to report and rerefer to Appropriations 7-1.

HB145 (Simon) would require the Department of Education to develop and make available to each school board, no later than December 31, 2020, model policies concerning the treatment of transgender students in public elementary and secondary schools that address common issues regarding transgender students in accordance with evidence-based best practices and include information, guidance, procedures, and standards relating to (i) compliance with applicable nondiscrimination laws; (ii) maintenance of a safe and supportive learning environment free from discrimination and harassment for all students; (iii) prevention of and response to bullying and harassment; (iv) maintenance of student records; (v) identification of students; (vi) protection of student privacy and the confidentiality of sensitive information; (vii) enforcement of sex-based dress codes; and (viii) student participation in sex-specific school activities, events, and athletics and use of school facilities. The bill requires each school board to adopt, no later than the beginning of the 2021–2022 school year, policies that are consistent with but may be more comprehensive than such model policies developed by the Department of Education.  The bill was recommended for reporting 6-2. 

HB134 (Runion) would require the Department of Education to establish guidelines for individualized education program (IEP) teams to utilize when developing IEPs for children with disabilities to ensure that IEP teams consider the need for age-appropriate and developmentally appropriate instruction related to sexual health, self-restraint, self-protection, respect for personal privacy, and personal boundaries of others. The bill requires each local school board, in developing IEPs for children with disabilities, in addition to any other requirements established by the Board, to ensure that IEP teams consider such guidelines.  The bill was recommended for reporting 8-4.

HB40 (Samirah) would have , in its original form, require the Board of Education to amend its regulations to require that each public school create and maintain a mental health break space within the public school building. The bill requires the Board of Education to collaborate with the Department of Behavioral Health and Developmental Services in the creation of regulations for the mental health break spaces.  The bill was amended to require that the Board of Education develop guidelines for the creation and maintenance of mental health break spaces.  The amended bill failed to report on a vote of 5-3, then the subcommittee recommended that the bill be carried over to 2021.