Crossover Report 2021 Session

The Virginia School Boards Association Government Relations Team has compiled the following Crossover Report from the 2021 Session of the Virginia General Assembly. This list of legislation contains bills of interest and is not a full compilation of legislation we have tracked, or continue to track, during the 2021 session.

The following are Senate bills that passed the Senate:

SB 1106 (Stanley) Creates the Public School Assistance Fund and Program, to be administered by the Department of Education, for the purpose of providing grants to school boards to be used for the purposes of repairing or replacing the heating, ventilation, air conditioning, electrical, or plumbing systems or the roofs of public elementary and secondary school buildings in the local school division, including financing costs for such repairs and replacements. The bill permits any school board in the Commonwealth to apply for Program grants but requires the Department of Education to give priority in the award of grants to school boards that demonstrate the greatest need based on the condition of existing school building roofs and the ability to pay for the repair or replacement of such roofs.  The bill passed the Senate 39-0.  Senator Stanley also submitted a budget amendment for $500,000 for this fund (but it is currently unknown whether this funding will make it into the final budget.)

SB 1109 (Stanley) Provides for a statewide referendum on the question of whether the General Assembly shall issue state general obligation bonds in the amount of $3 billion for the purpose of K-12 school building construction, repair, or other capital projects related to the modernization of school facilities. The results would be advisory only and are intended only to demonstrate the preference of the citizens of the Commonwealth on the issuance of such bonds. The bill provides that the referendum be held at the November 2022 general election.  The bill passed the Senate 31-7.  The bill includes a reenactment clause, which means that it must pass again next year in order to take effect.  

SB 1132 (Suetterlein) Provides that when severe weather conditions or other emergency situations have resulted in the closing of any school in a school division for in-person instruction, the school division may declare an unscheduled remote learning day whereby the school provides instruction and student services that are consistent with guidelines established by the Department of Education to ensure the equitable provision of such services. The bill provides that school divisions may not claim more than 10 unscheduled remote learning days in a school year unless the Superintendent of Public Instruction grants an extension.  The bill passed the Senate 39-0.  It is worth noting, however, that this bill appears to conflict with SB 1303 (Dunnavant), below, which requires virtual and in-person instruction to be offered to all students and does not currently have any exceptions for inclement weather or other exigent circumstances.

SB 1169 (Norment) Requires each public high school to require any student who applies to obtain a pass to park a vehicle on school property to provide evidence that the student possesses a valid driver's license or driver privilege card.  The bill passed the Senate 39-0.  

SB 1196 (Locke)  The bill requires teacher, principal, and division superintendent evaluations to include an evaluation of cultural competency. The bill requires every person seeking initial licensure or renewal of a license from the Board of Education (i) to complete instruction or training in cultural competency and (ii) with an endorsement in history and social sciences to complete instruction in African American history, as prescribed by the Board. The bill also requires each school board to adopt and implement policies that require each teacher and any other school board employee holding a license issued by the Board to complete cultural competency training, in accordance with guidance issued by the Board, at least every two years.  The bill passed the Senate 22-16.

SB 1225 (Boysko)  Authorizes school boards to appropriate funds for the purposes of promoting, facilitating, and encouraging the expansion and operation of broadband services for educational purposes. The bill authorizes school boards to partner with private broadband service providers to promote, implement, and subsidize broadband for educational purposes to the households of students who would qualify for (i) a child nutrition program or (ii) any other program recognized or adopted by the local school board as a measuring standard to identify at-risk students.  The bill passed the Senate 38-0-1.

SB 1257 (McClellan)  In its original form, this bill implemented the Standards of Quality prescribed by the Board of Education.  The bill was substantially amended such that now it only modified Standard 2 to require three specialized student support positions per 1,000 students.  The positions include social workers, school psychologists, school nurses, licensed behavior analysts, licensed assistant behavior analysts, and other licensed health and behavioral positions.  The are positions that are currently under the support staff cap, so the bill will result in school divisions receiving additional state funding for these positions.  The bill is contingent on there being sufficient appropriations in the budget.  The bill passed the Senate 37-2.

SB 1271 (McPike)  Allows a public body, or a joint meeting thereof, to meet by electronic communication means without a quorum of the public body physically assembled at one location when a locality in which the public body is located has declared a local state of emergency, provided that (i) the catastrophic nature of the declared emergency makes it impracticable or unsafe to assemble a quorum in a single location and (ii) the purpose of the meeting is to provide for the continuity of operations of the public body or the discharge of its lawful purposes, duties, and responsibilities. Under current law, public bodies may only meet in such manner when the Governor has declared a state of emergency, and only for the purpose of addressing the emergency. Finally, the bill requires public bodies meeting through electronic communication means during a local or state declaration of a state of emergency to (a) make arrangements for public access to such meeting through electronic communication means, including videoconferencing if already used by the public body, and (b) provide the public with the opportunity to comment at such meetings when public comment is customarily received.  The bill passed the Senate 39-0.

SB 1288 (Dunnavant) Requires the Department of Education and the Board of Education to develop new policies and procedures and effect numerous modifications to existing policies and procedures to improve the administration and oversight of special education in the Commonwealth.  This bill implements over 20 of the JLARC recommendations regarding special education, including the following: 

• Requiring DOE to provide training and guidance to school divisions on the development of high-quality IEPs; to develop a required training module for IEP team participants; to annually conduct structured reviews of a sample of IEPs from local school divisions; to develop a statewide plan for improving oversight of and technical assistance regarding transition planning; and to develop a statewide plan for recruiting and retaining special education teachers; 
• Requiring each school division to complete a self-assessment and action planning instrument addressing inclusion practices once every three years; 
• Requiring the Board of Education to develop statewide requirements fro the Applied Studies diploma; 
• Requiring each school division to provide guidance from DOE to parents of students with disabilities regarding the Applied Studies diploma and its limitations at a student's first IEP meeting and in each circumstance when curriculum and testing decisions are being made that will negatively impact a student's ability to obtain a standard diploma;
• Requiring that every person seeking renewal of a teaching license to complete training on instructing students with disabilities; 
• Requiring the DOE to conduct one-time targeted reviews of the transition section of a random sample of IEPs in each school division; 
• Requiring DOE to develop guidance for students and parents regarding the limitations of the Applied Studies diploma and related information; 
• Requiring the Board of Education to amend its regulations regarding general education teacher preparation programs  to require proficiency in differentiating instruction; understanding the role of general education teachers on the IEP team; implementing effecting models of collaborative instruction; and understanding the goals and benefits of inclusive education for all students;   
• Requiring the Board of Education to amend its regulations regarding administrator preparation programs  to require proficiency in key special education laws and regulations, individualized education program development, the roles and responsibilities of special education teachers, and  appropriate behavior management practices; 
• Requiring DOE to develop criteria for what constitutes "exceptional circumstances" that warrant extension of the 60-calendar day regulatory timeline for complaint investigations and include the criteria in its publicly available complaint resolution procedures, consistently track the Department of Education's receipt of each sufficient complaint and its issuance of the respective letter of findings, and require staff to report at least quarterly to the Superintendent of Public Instruction on the specific reasons for granting an extension due to "exceptional circumstances" and the amount of time it took to complete each investigation beyond the 60-calendar day regulatory timeline;
• Requiring DOE to develop policies and procedures for tracking, investigating, and resolving allegations of violations of special education law and regulations that do not meet the current regulatory standard for state complaints; 
• Requiring DOE to elevate the position of parent ombudsman for special education to report to the Superintendent of Public Instruction and develop a one-page comprehensive summary of the roles and responsibilities of the parent ombudsman for special education, the specific supports the parent ombudsman for special education can provide to parents, and how to contact the parent ombudsman for special education, which shall be made available in multiple languages on DOE's website;
• Requiring DOE to develop and implement a process for systematically auditing and verifying school divisions' self-determinations of compliance with all IDEA performance indicators; 
• Requiring DOE to develop and implement a clear and comprehensive plan to improve its approach to monitoring Virginia's special education system on an ongoing basis, which shall include procedures for effectively determining whether school divisions are complying with state and federal requirements pertaining to (i) identification and eligibility determination processes, (ii) individualized education program development and implementation, (iii) post-secondary transition planning, (iv) inclusion in academic and non-academic experiences and the use of discipline, and (v) special education staffing; 
• Requiring DOE to amend its IEP Prior Notice and Parent Consent form to include an option for partial parental consent to initial implementation of the IEP; 
• Requiring DOE to amend its regulations to require that, if a school division develops a draft individualized education program (IEP) prior to a scheduled IEP meeting, it shall provide such draft IEP to the parents at least two business days in advance of such IEP meeting.

The bill passed the Senate 39-0.

SB 1303 (Dunnavant)  Requires each local school division to make virtual and in-person learning available to all students by choice of the student's parent or guardian.  The bill passed the Senate 26-13.  It is important to note that this bill is not currently limited to the state of emergency or the pandemic.  Therefore, this bill is effectively a mandate to offer both in-person and virtual instruction to all students in perpetuity.  

SB 1307 (Dunnavant)  Directs the Board of Medical Assistance Services to amend the state plan for medical assistance services to provide for payment of medical assistance services delivered to Medicaid-eligible students when such services qualify for reimbursement by the Virginia Medicaid program and may be provided by school divisions, regardless of whether the student receiving care has an individualized education program or whether the health care service is included in a student's individualized education program. The bill specifies that such services shall include those covered under the state plan for medical assistance services or by the Early and Periodic Screening, Diagnostic, and Treatment benefit as specified in § 1905(r) of the federal Social Security Act, and shall include a provision for payment of medical assistance for health care services provided through telemedicine services. The bill also requires the Department of Medical Assistance Services to provide technical assistance to the Department of Education and local school divisions to facilitate their understanding of and compliance with federal ordering, referring, and prescribing provider screening and enrollment requirements.  The bill passed the Senate 39-0.

SB 1313 (Mason)  Requires that funds expended for private special education services under the Children's Services Act only be expended on educational programs that are licensed by the Board of Education or an equivalent out-of-state licensing agency. The bill also provides that as of July 1, 2022, such funds may only be expended for programs that the Office of Children's Services certify as having reported their tuition rates.  The bill adds children and youth previously placed in approved private school educational programs for at least six months who will receive transitional services in a public school setting to the target population for eligibility for the state pool of funds. The bill provides that state funds shall be allocated for no longer than 12 months for transitional services.  The bill requires the Secretaries of Education and Health and Human Resources, in conjunction with the Office of Children's Services and the Department of Education, to establish a work group (the Work Group) with appropriate stakeholders to develop a detailed plan to direct the transfer of Children's Services Act funds currently reserved for children requiring an educational placement in a private special education day school or residential facility to the Department of Education, as well as several other topics. The bill requires that the Work Group submit its plan and recommendations to the Chairmen of the House Committee on Appropriations and Senate Committee on Finance and Appropriations by November 1, 2021, as well as a final plan and recommendations by November 1, 2022.  The bill passed the Senate 39-0.

SB 1322 (DeSteph)  Provides for the submission and utilization of seizure management and action plans for students with a diagnosed seizure disorder. The bill requires that school nurses and certain school division employees biennially complete Board of Education-approved training in the treatment of students with seizure disorders. The bill provides immunity from civil liability for acts or omissions related to providing for the care of a student under a seizure management and action plan. The bill has a delayed effective date of July 1, 2022.  The bill passed the Senate 35-4.

SB 1357 (Dunnavant)  Requires the Board of Education to establish a through-year growth assessment system for use during the 2021–2022 and 2022–2023 school years for students in grades three through eight. The bill requires that the system be established using available federal funds and that the system provide accurate measurement of a student's performance in English and mathematics through computer adaptive technology. The bill also requires each school division to administer reading diagnostic assessments throughout the year in grades kindergarten through two, using existing assessments. The bill requires the Board of Education to report to the General Assembly on the results of the through-year growth assessments by September 1, 2022, and September 1, 2023. The provisions of the bill are contingent on funding in a general appropriation act.  The bill passed the Senate 36-0.  It is important to note that as currently drafted, this bill does not take the place of any current SOL assessments.

SB 1380 (Lucas)  Authorizes electric utilities to partner with school divisions to implement projects designed to encourage the proliferation of school buses that are fueled in whole or in part by electricity, along with associated charging and other infrastructure, for the purpose of transporting students and that may also serve as electric grid stabilization or peak-shaving resources. The bill provides that if an electric school bus project meets the requirements in the bill, then it is in the public interest and may constitute an energy storage resource. The bill requires an electric school bus project and its corresponding agreement to include a provision to compensate a participating school division for the use of the school bus battery by the electric utility as a grid stabilizing or peak-shaving resource and a provision that the electric school buses shall be titled under the participating school division, but the utility shall own the associated batteries and charging stations. The bill also provides a tax exemption for electric school buses and associated charging and other infrastructure that is related or incidental to an authorized electric school bus project.  This bill passed the Senate 33-4.

SB 1401 (Pillion)  Reduces 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, as amended. The bill requires the Department of Education to annually report on the estimated projected and actual savings from the implementation of the bill and report the amount of such savings to the Governor and the Chairmen of the House Committee on Appropriations and the Senate Committee on Finance and Appropriations no later than the first day of each Regular Session of the General Assembly. The bill also requires that such amount be included in the total for Direct Aid to Public Education in any general appropriation act.  The bill passed the Senate 26-12.

SB 1439 (McClellan) Requires, subject to guidelines established by the Department of Education, each local school board to permit at least one school day-long excused absence per school year for any middle school or high school student in the local school division who is absent from school to engage in a civic event. The bill allows local school boards to require that a student provide advance notice of the intended absence and documentation of participation in a civic event to be granted an excused absence.  The bill passed the Senate 25-14.

SJ 275 (Stanley)  Amends the Constitution to require the General Assembly to provide for a system of public schools in the Commonwealth with equitable educational opportunities for all children and to ensure that all school-age children are provided with equitable educational opportunities.  The resolution passed the Senate 34-1-1.  A Constitutional amendment must be passed twice by the General Assembly before it is placed on the ballot.

SJ 294 (Lewis)  Directs the Joint Legislative Audit and Review Commission to study the true cost of education in the Commonwealth and provide an accurate assessment of the costs to implement the Standards of Quality.  This study would be completed by the first day oft he 2023 session. The resolution was agreed to by a voice vote.

SJ 308 (Lucas)  Directs the Joint Legislative Audit and Review Commission to study the impact of COVID-19 on Virginia's public schools, students, and school employees, including (i) examining and determining reasons for barriers to student success in virtual and hybrid models as well as the overall impact of COVID-19 face-to-face learning restrictions on previously existing student achievement gaps, student achievement, and student well-being, including any disproportionate impact on at-risk populations; (ii) determining the impact of the COVID-19 pandemic on staffing levels, including the impact of teacher and school employee retirements and resignations on delivery of instruction and the ability of local school boards to fully staff their needs, employment levels, and local budgets; (iii) determining the short-term and projected long-term changes in student enrollment in response to the COVID-19 pandemic and the impact of such changes on funding levels; (iv) determining the impact of implementing COVID-19 health and safety measures in public schools; (v) evaluating public schools' level of emergency preparedness to face another pandemic or statewide crisis and making recommendations to help guide planning for such events and (vi) examining programs that can address learning loss and identifying barriers to implementing those programs, including resource gaps.  This study would be completed by the first day oft he 2023 session.  The resolution was agreed to by a voice vote.

The following are Senate bills that were defeated in the Senate:

SB1133 (Suetterlein) Expands eligibility for use of the state pool of funds under the Children's Services Act to services that are provided in a public school setting and requires that private day schools be approved and licensed by the Department of Education or an equivalent out-of-state licensing agency to be eligible for the state pool of funds. The bill requires the Department of Education and relevant local school boards to develop and implement a pilot program 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 Appropriations, and the House Committees on Education and Appropriations on the findings of each pilot program after two and four years.  The bill was passed by indefinitely in Senate Finance and Appropriations 14-1.

SB 1137 (Cosgrove) Provides that if a retired law-enforcement officer was employed by a local school division as a school security officer on January 1, 2020, and had a bona fide break in service of at least one month between retirement and employment as a school security officer, such person is not required to establish a 12-month break in service that would otherwise be required by law.  The bill failed to report in Senate Finance and Appropriations 8-8.

SB 1191 (Kiggans)  Excludes 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. The bill also requires the Department of Education to establish and administer a waiver process for local school boards for which the requirements of the bill create an undue hardship.  The bill was passed by indefinitely in Senate Finance and Appropriations 16-0.

SB 1317 (Dunnavant)  Requires all local school boards to establish and implement policies to provide for the open enrollment to any school of any student who is eligible to receive free or reduced lunch upon the request of a parent or guardian, subject to conditions and limitations established by the local school board.  The bill was defeated on the Senate floor 15-24.

SB 1433 (Chase)  Provides that, if a school operates a reduced schedule and the school offers online or virtual learning as a substitute for in-person attendance, it shall deposit a portion of unused funds resulting from the reduced schedule in a voucher account for each student, for use on programs operated by the school division or other educational options, whether public, private, or parochial.  The bill was never heard in committee and, therefore, died at crossover.

SB 1434 (Chase)  Provides that if a school board requires students to engage in virtual learning for any reason, whether full time or part time, and a computer and Internet service to connect to the curriculum is required, the school board must provide appropriate technology devices to every student enrolled in the school system so they may access the learning platform. The bill requires school boards to provide adequate Internet service to a student's household at no cost if the student's household income is below 125 percent of the federal poverty guidelines. The bill contains an emergency clause.  The bill was never heard in committee and, therefore, died at crossover.

The following legislation was advanced to the Senate of Virginia by the Virginia House of Delegates:

HB 1736 (Adams, D) Prohibits any individual who provides nursing services in a public elementary or secondary school as a school board employee or through a contract with the local health department from using the title of school nurse unless such individual is a registered nurse who possesses an active license to practice in the Commonwealth. This legislation was amended to clarify that only Registered Nurses can have the title of School Nurse. The bill passed the House 68-31-1.

HB 1776 (Ward) Requires the Board of Education to grant a two-year extension of the license of any individual licensed by the Board whose license expires on June 30, 2021, in order to provide the individual with sufficient additional time to complete the requirements for licensure. The bill passed the House 99-0.

HB 1790 (McNamara) Provides that when severe weather conditions or other emergency situations have resulted in the closing of any school in a school division for in-person instruction, the school division may declare an unscheduled remote learning day whereby the school provides instruction and student services, consistent with guidelines established by the Department of Education to ensure the equitable provision of such services, without a reduction in the amount paid by the Commonwealth from the Basic School Aid Fund. The bill prohibits any school division from claiming more than 10 unscheduled remote learning days in a school year unless the Superintendent of Public Instruction grants an extension. The bill passed the House 75-25. However, It is worth noting that this bill appears to conflict with SB 1303 (Dunnavant), above, which requires virtual and in-person instruction to be offered to all students and does not currently have any exceptions for inclement weather or other exigent circumstances.

HB 1823 (Askew) Requires each building that was built before 2015 and that houses any public school classroom for students, licensed child day program, or other program that serves preschool-age children to be equipped with at least one carbon monoxide detector. The bill passed the House 98-1.

HB 1827 (Austin) Requires the nine-member Board of Education to include at least five members, appointed by the Governor, who each reside in different superintendent's regions in the Commonwealth. The bill passed the House 100-0.

HB 1865 (Delaney) Requires reading intervention services for students in kindergarten through grade three who demonstrate deficiencies based on their individual performance on the Standards of Learning reading test or any reading diagnostic test that meets criteria established by the Department of Education to be evidence-based, including services that are grounded in the science of reading, and include explicit, systematic, sequential, and cumulative instruction, to include phonemic awareness, systematic phonics, fluency, vocabulary development, and text comprehension as appropriate based on the student's demonstrated reading deficiencies. The bill requires the parent of each student who receives such reading intervention services to be notified before the services begin and the progress of each such student to be monitored throughout the provision of services. The bill passed the House 100-0.

HB 1904 (Jenkins) The bill requires teacher, principal, and division superintendent evaluations to include an evaluation of cultural competency. The bill requires every person seeking initial licensure or renewal of a license from the Board of Education (i) to complete instruction or training in cultural competency and (ii) with an endorsement in history and social sciences to complete instruction in African American history, as prescribed by the Board. The bill also requires each school board to adopt and implement policies that require each teacher and any other school board employee holding a license issued by the Board to complete cultural competency training, in accordance with guidance issued by the Board, at least every two years. The bill passed the House 59-41.

HB 1905 (Cole, J.) Adds to objectives developed and approved by the Board of Education for economics education and financial literacy at the middle and high school levels the implications of various employment arrangements with regard to benefits, protections, and long-term financial sustainability. Employment arrangements is defined in the bill as full-time employment, part-time employment, independent contract work, gig work, piece work, contingent work, day labor work, freelance work, and 1099 work. The bill passed the House 100-0.

HB 1909 (Subramanyam) Permits any school board to deem any non-school zone property that it owns or leases as a gun-free zone and prohibit any individual from knowingly possessing, purchasing, transferring, carrying, storing, or transporting firearms, ammunition, or components or combination thereof while such individual is upon such property, except certain individuals such as law-enforcement officers and qualified retired law-enforcement officers. The bill passed the House 55-44.

HB 1918 (Mugler) Requires (i) driver education programs to include instruction on the dangers of distracted driving and speeding and (ii) a student to submit a standard application form developed by the Department of Education by which the student provides evidence that he possesses of a valid driver's license or driver privilege card before being issued a pass to park a vehicle on high school property. The bill passed the House 100-0.

HB 1923 (Ayala) Expands an existing pilot program under which Dominion Energy and Appalachian Power are authorized to provide or make available broadband capacity to Internet service providers in areas of the Commonwealth that are unserved by broadband to include municipal Internet service providers. The current program is restricted to nongovernmental Internet service providers. The bill passed 99-0.

HB 1940 (Rasoul) Provides that, subject to guidelines established by the Department of Education, each school board (i) shall permit one school day-long excused absence per school year for any middle school or high school student in the local school division who is absent from school to engage in a civic or political event and (ii) may permit additional excused absences for such students who are absent for such purposes. The bill passed the House 62-37.

HB 1998 (Murphy) Reduces from three to two the minimum number of mandatory annual lock-down drills in each public elementary and secondary school in the Commonwealth. The bill passed the House 100-0.

HB 2013 (Roem) Requires each school board to adopt a policy that prohibits the board from filing a lawsuit against a student or the student's parent because the student cannot pay for a meal at school or owes a school meal debt. The bill passed the House 69-31.

HB 2019 (McQuinn) Requires each local school board to adopt and implement policies for the possession and administration of undesignated stock albuterol inhalers and valved holding chambers in every public school in the local school division, to be administered by any school nurse, employee of the school board, employee of a local governing body, or employee of a local health department who is authorized by the local health director and trained in the administration of albuterol inhalers and valved holding chambers for any student believed in good faith to be in need of such medication. The bill requires the Department of Health, in conjunction with the Department of Education, to develop and implement policies for the administration of stock albuterol in public schools. The bill passed the House 82-18.

HB 2027 (Coyner) Requires the Board of Education to establish, in lieu of a one-time end-of-year assessment and for the purpose of providing measures of individual student growth over the course of the school year, a through-year growth assessment system, aligned with the Standards of Learning, for the administration of reading and mathematics assessments in grades three through eight. The bill requires such through-year growth assessment system to include at least one beginning-of-year and one end-of-year assessment in order to provide individual student growth scores over the course of the school year, provided that the total time scheduled for taking all such assessments shall not exceed 150 percent of the time scheduled for taking a single end-of-year proficiency assessment. The bill requires the Department of Education to ensure adequate training for teachers and principals on how to interpret and use student growth data from such assessments to improve reading and mathematics instruction in grades three through eight throughout the school year. The bill requires such through-year growth assessment system to be fully implemented in each local school division no later than the 2024-2025 school year. The bill passed the House 99-1.

HB 2058 (Simonds) Creates the Virginia Science, Technology, Engineering, and Mathematics (STEM) Advisory Board to create a unified vision regarding STEM education initiatives, language, and measures of success to promote a culture of collaboration for STEM programming in the Commonwealth. The Board shall develop the infrastructure for creating STEM Regional Hubs and naming STEM Champions in communities across the Commonwealth. Additionally, the Board shall report annually to the Governor and the General Assembly on STEM challenges, goals, and successes across the Commonwealth. The bill passed the House 100-0.

HB 2117 (Van Valkenberg) Requires that funds expended for special education services under the Children's Services Act only be expended on educational programs that are licensed by the Department of Education. The bill adds children and youth previously placed in approved private school educational programs for at least six months who will receive transitional services, as that term is defined in the bill, in a public school setting to the target population for eligibility for the state pool of funds, provided, however, that such funds shall be allocated for such transitional services for no longer than 12 months. The bill requires the Secretary of Education, in conjunction with the Office of Children's Services and the Department of Education, to establish a work group (the Work Group) with, at minimum, certain identified stakeholders to develop a detailed plan to direct the transfer of Children's Services Act funds currently reserved for children requiring an educational placement in a private special education day school or residential facility to the Department of Education and to develop a standardized reporting process, template, and reporting requirement for private special education day school tuition rates to ensure that tuition rates can be accurately compared across schools and over time, among other duties. The bill requires that the Work Group submit its plan and recommendations to the Chairmen of the House Committee on Appropriations and Senate Committee on Finance and Appropriations by November 1, 2021. The bill passed the House 97-2.

HB 2119 (Keam) Exempts students who are (i) at least 18 years old, (ii) emancipated minors, or (iii) unaccompanied minors who are not in the physical custody of their parent or guardian from the requirement to participate in the parent/student component of a school's driver education program. The bill passed the House 100-0.

HB 2135 (Roem) Requires each school board that governs a local school division that has a student population that qualifies for free and reduced-price meals at a minimum percentage of 50 percent in the prior school year and simultaneously offers educational or enrichment activities and is consequently eligible to participate in the Afterschool Meal Program administered by the U.S. Department of Agriculture Food and Nutrition Service (FNS) Child and Adult Care Food Program to apply to the Department of Education to participate in the Afterschool Meal Program for each such school to subsequently and simultaneously serve federally reimbursable meals and offer an afterschool education or enrichment program, pursuant to FNS guidelines and state health and safety standards. The bill requires the Department of Education to administer the Afterschool Meal Program on behalf of the U.S. Department of Agriculture. The bill provides that the Superintendent of Public Instruction shall issue a waiver to this requirement upon determination that participation is not financially viable for a school or group of schools. The bill requires the Department of Education to develop a process and criteria for evaluating such waivers. The bill has a delayed effective date of July 1, 2022. The bill passed the House 89-11.

HB 2176 (Torian) Defines, for the purposes of mandatory school board policies relating to abusive work environments, the terms "abusive conduct," "abusive work environment," "physical harm," and "psychological harm." The bill clarifies that the requirement to adopt such policies shall not be construed to limit a school board's authority to adopt policies to prohibit any other type of workplace conduct as the school board deems necessary. The bill passed the House 57-42.

HB 2182 (Wilt) Requires the Board of Education to amend its regulatory definition of "traumatic brain injury," for the purpose of the provision of special education for children with disabilities, to include an acquired injury to the brain caused by a medical condition, including stroke, anoxia, infectious disease, aneurysm, brain tumors, and neurological insults resulting from medical or surgical treatments. The current regulatory definition of "traumatic brain injury" includes only an acquired brain injury caused by an external physical force. The bill passed the House 100-0.

HB 2299 (Carr) Requires the Department of Education to (i) provide training and guidance documents to local school divisions on the development of Individualized Education Programs (IEPs) for children with disabilities, (ii) develop a training module for each individual who participates in an IEP meeting, with the exception of parents, (iii) annually conduct structured reviews of a sample of IEPs from a sufficiently large sample of local school divisions to verify that the IEPs are in compliance with state and federal laws and regulations, (iv) develop and maintain a statewide plan for improving (a) its ongoing oversight of local practices related to transition planning and services for children with disabilities and (b) technical assistance and guidance provided for postsecondary transition planning and services for children with disabilities, (v) develop and maintain a statewide strategic plan for recruiting and retaining special education teachers, and (vi) (a) conduct a one-time targeted review of the transition sections of a random sample of students' IEPs in each school division; (b) communicate its findings to each local school division, school board, and local special education advisory committee; and (c) ensure that local school divisions correct any IEPs that are found to be out of compliance no later than the end of the 2021-22 school year. The bill passed the House 98-0.

HB 2305 (Tyler) Requires the Board of Education to issue guidance on the governance of academic year Governor's Schools, including communication and outreach practices, admissions policies, and guidelines on diversity, equity, and inclusion training. The bill requires such guidance to focus on the importance of increasing access to Governor's Schools for historically underserved students and to include best practices on (i) conducting information sessions about the school and the availability of gifted, advanced, and specialty education program opportunities for feeder public middle schools; (ii) strengthening the student pipeline in feeder public middle schools, prioritizing the most underserved and underrepresented students and public middle schools; and (iii) conducting programs related to and evaluations of diversity, equity, and inclusion. The bill requires the Board of Education, in developing such guidance, to collaborate with relevant stakeholders representing the geographical areas served by the Regional Governor's Schools, including local school boards representing the geographical areas served by the Regional Governor's Schools, Regional Governor's School boards, and Governor's School directors. The bill passed the House 58-41.

 HB 2314 (Mugler) Requires the Board of Education to amend a certain regulation relating to special education to remove the word "component" following the word "evaluation," thereby ensuring compliance with the relevant federal regulation and clarifying that the parent of a child with a disability has the right to an independent educational evaluation at public expense if the parent disagrees with an evaluation obtained by the local educational agency. The bill passed the House 100-0.

HB 2316 (Mundon King) Requires the Department of Education to update its special education eligibility worksheets as necessary, including clarifying any ambiguity or vagueness in eligibility criteria, and provide to each local school division the appropriate level of guidance on eligibility determinations for special education and related services. The bill requires the Board of Education to amend its regulations to ensure that each education preparation program graduate in a K-12 general education endorsement area demonstrates proficiency in understanding the role of general education teachers on the individualized education program (IEP) team. The bill passed the House 100-0.

The following House bills of interest were defeated by the House of Delegates:

HB 1742 (Webert) Requires, in the event that any school board does not provide the option of in-person instruction as the sole method of instruction for any enrolled student, the parent of any such student who withdraws his child from attendance to receive, upon request, an education voucher in an amount equal to a prorated share of the applicable Standards of Quality per-pupil state funds appropriated for public school purposes and apportioned to the school division, including the per-pupil share of state sales tax funding in basic aid and any state per-pupil share of special education funding for which the child is eligible, to cover the expenses of providing in-person instruction in an alternative setting. The bill permits the Department of Education to establish rules, regulations, or procedures for the issuance of such education vouchers. The bill contains an emergency clause. The bill failed to report on a 3-5 vote of the Pre-K-12 Subcommittee.

HB 1770 (Freitas) Permits any school division to establish a program to create savings accounts for students to be used for alternative educational programs. The bill requires the Department of Education to establish policies and procedures under which the parent of each student may use such funds on public or private educational programs. The bill failed to report on a 2-6 vote of the Pre-K-12 Subcommittee.

HB 1780 (Carter) Exempts employees of a local school board from the prohibition on striking, and from termination of employment for striking, by public employees. The bill was left in the House Labor and Commerce Committee.

HB 1915 (Mugler) Requires that public school teachers be compensated at a rate that is at or above the national average. Under current law, compensation at such rate is aspirational. The bill requires state funding to be provided pursuant to the general appropriation act in a sum sufficient to fund a 4.5 percent annual increase for public school teacher salaries, effective from the 2022-23 school year through the 2026-27 school year. The bill has a delayed effective date of July 1, 2022. The bill was left in the House Appropriations Committee.

HB 1929 (Aird) Makes several changes to the Standards of Quality, including requiring the establishment of units in the Department of Education to oversee work-based learning and principal mentorship statewide in Standard 1 and requiring the Board of Education to establish and oversee the local implementation of teacher leader and teacher mentor programs in Standard 5. The bill also makes several changes relating to school personnel in Standard 2, including (i) establishing schoolwide ratios of students to teachers in certain schools with high concentrations of poverty and granting flexibility to provide compensation adjustments to teachers in such schools; (ii) requiring each school board to assign licensed personnel in a manner that provides an equitable distribution of experienced, effective teachers and other personnel among all schools in the local school division; (iii) requiring each school board to employ teacher leaders and teacher mentors at specified student-to-position ratios; (iv) requiring state funding in addition to basic aid to support at-risk students and granting flexibility in the use of such funds by school boards; (v) lowering the ratio of English language learner students to teachers; (vi) requiring each school board to employ reading specialists and establishing a student-to-position ratio for such specialists; (vii) requiring school boards to employ one full-time principal in each elementary school; (viii) lowering the ratio of students to assistant principals and school counselors in elementary, middle, and high schools; and (ix) requiring each school board to provide at least four specialized student support positions, including school social workers, school psychologists, school nurses, licensed behavior analysts, licensed assistant behavior analysts, and other licensed health and behavioral positions, per 1,000 students. The bill was left in the House Appropriations Committee.

HB 2094 (O’Quinn) Reduces 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, as amended. The bill failed to report on a 4-4 vote of the SOL/SOQ Subcommittee.

HB 2247 (Aird) Removes several conditions on the Board of Education's constitutional duty to determine school division boundaries and requires the Board, in fulfilling such duty, to consider equity in educational programs within and between school divisions. The bill was stricken at the request of the Patron.