The following is an analysis of budget committee and floor amendments related to K-12 education that have been approved by the Senate. This selection does not contain each education related amendment approved by the Senate in SB 1100.
Item 137 #1s - This amendment directs the Superintendent of Public Instruction to convene a workgroup to make recommendations on the staffing standards for school nurses. The recommendations shall include the appropriate school nurse staffing ratio and the required qualifications and training for school nurses.
Item 137 #2s - This amendment provides $10.0 million in federal relief funds for the Department of Education to provide and administer a diagnostic assessment tool for use in the 2021-22 and 2022-23 school year pursuant to the provisions of Senate Bill 1357. SB 1357 is Senator Dunnavant's bill that requires the Board of Education to establish through-year growth assessments for students in grades three through eight to measure student performance in English and math through computer adaptive learning as well as reading diagnostic assessments throughout the year in kindergarten through grade two.
Item 138 #2s - This amendment directs the Department of Education to develop and maintain a robust statewide plan for improving (i) its ongoing oversight of local practices related to transition planning and services and (ii) technical assistance and guidance provided for post-secondary transition planning and services. This amendment implements recommendation 9 from the 2020 JLARC report on "K-12 Special Education in Virginia". This requirement was also contained in SB 1288 (Dunnavant) as it passed the Senate.
Item 138 #3s - This amendment directs the Department of Education to develop clear and simplified guidance, in multiple languages, for families of students with disabilities explaining (i) the limitations of the applied studies diploma; (ii) key curriculum and testing decisions that reduce the likelihood of a student being able to obtain a standard diploma; and (iii) that pursuit of an applied studies diploma may preclude a student's ability to pursue a standard diploma. This amendment implements recommendation 10 from the 2020 JLARC report on "K-12 Special Education in Virginia". This requirement was also contained in SB 1288 (Dunnavant) as it passed the Senate.
Item 138 #4s - This amendment directs the Department of Education to revise the state's special education complaint procedures and practices to ensure the Department requires and enforces corrective actions that (i) achieve full and appropriate remedies for school divisions' non-compliance with special education laws and regulations, including, at a minimum, requiring school divisions to provide compensatory services to students with disabilities when the Department determines divisions did not provide legally obligated services; and (ii) ensure that relevant personnel understand how to avoid similar non-compliance in the future. This amendment implements recommendation 21 from the 2020 JLARC report on "K-12 Special Education in Virginia".
Item 138 #5s - This amendment directs the Department of Education to (i) conduct a one-time targeted review of the transition sections of a random sample of students' individualized education programs (IEPs) in each school division; (ii) communicate its findings to each local school division, school board, and local special education advisory committee; and (iii) ensure local school divisions correct any IEPs that are found out of compliance. This amendment implements recommendation 8 from the 2020 JLARC report on "K-12 Special Education in Virginia". This requirement was also contained in SB 1288 (Dunnavant) as it passed the Senate.
Item 138 #6s - This amendment provides $300,000 GF the second year for the DEpartment of Education to: (i) provide training and guidance documents to local school divisions on the development of individualized education programs (IEPs); (ii) develop a required training module for each individual who participates in an IEP meeting that comprehensively addresses and explains in detail each IEP team member's respective role in the IEP meeting, the IEP development process, and components of effective IEPs; and (iii) conduct structured reviews of a sample of IEPs annually to verify that the IEPs are in compliance with state and federal laws and regulations, all of which are required by SB 1288 (Dunnavant) as it passed the Senate.
Item 139 #1s - This amendment captures savings in the amount of $1.8 million GF from the reduction of Standards of Learning assessments to the minimum federal requirements, contingent on the passage of Senate Bill 1401 (Pillion).
Item 141 #1s - This amendment allows the Department of Education to provide one-time grants to divisions to support the costs of an analytics solution to evaluate student progress and determine instructional gaps.
Item 141 #2s - This amendment provides $7.0 million in Governor's Education Emergency Relief Funds from the Coronavirus Response and Relief Supplemental Appropriations Act (P.L. 116-260) to support the continued expansion of Virtual Virginia's learning management system and additional free course enrollment slots during the 2021-22 school year.
Item 142 #1s - This amendment directs the Board of Education to review and update its regulations of general education K–12 teacher preparation programs to ensure graduates are required to demonstrate proficiency in: (i) differentiating instruction for students depending on their needs; (ii) understanding the role of general education teachers on the IEP team; (iii) implementing effective models of collaborative instruction, including co-teaching; and (iv) understanding the goals and benefits of inclusive education for all students. It also directs the Board to review and update its regulations governing administrator preparation programs to ensure graduates are required to demonstrate comprehension of: (i) key special education laws and regulations; (ii) individualized education program (IEP) development; (iii) the roles and responsibilities of special education teachers; and (iv) appropriate behavior management practices. This amendment implements recommendations 15 and 17 from the 2020 JLARC report on "K-12 Special Education in Virginia". These requirements were also contained in SB 1288 (Dunnavant) as it passed the Senate.
Item 142 #2s - This amendment directs the Department of Education to develop and maintain a statewide strategic plan for recruiting and retaining special education teachers. At a minimum, the strategic plan shall (i) use data analyses to determine divisions' specific staffing needs on an ongoing basis; (ii) evaluate the potential effectiveness of strategies for addressing recruitment and retention challenges, including tuition assistance, differentiated pay for special education teachers, and the expansion of special education teacher mentorships; and (iii) estimate the costs of implementing each strategy, including the extent to which federal funds could be used to support implementation. This amendment implements recommendation 19 from the 2020 JLARC report on "K-12 Special Education in Virginia". This requirement was also contained in SB 1288 (Dunnavant) as it passed the Senate.
Item 144 #2s - This amendment provides $250,000 GF the second year for grants to support one-time pilot programs to redesign a division's dual enrollment course offerings to align/link to the Passport and Uniform Certificate of General Studies offered by Virginia's community colleges.
Item 144 #3s - This amendment provides $250,000 GF the second year to encourage active learning for students in pre-K through 2nd grade. The Department of Education will establish criteria by which to award these funds to school divisions. Local school divisions will use the grant funds to provide active learning curriculum that relate math and language Standard of Learning content into movement rich activities for students in pre-K through 2nd grade.
Item 145 #3s - This amendment captures savings of $2.5 million GF the first year for the School Meals Expansion program. Under a federal waiver for the 2020-21 school year, all divisions are providing school meals at no cost to all students. These funds are no longer needed to eliminate the cost of reduced price school meals.
Item 145 #4s - This amendment removes Accomack and Northampton counties from the full cost of competing adjustment as included in the introduced budget.
Item 145 #5s - This amendment provides $582,000 GF the second year as an incentive for the Alleghany County and Covington City school divisions to consolidate. Such payments are intended to be set at this amount for five years, with no adjustments. The Board of Education approved the consolidation of these divisions to be effective July 1, 2022.
Item 145 #6s - This amendment provides $139.8 million the second year from the general fund and $455,787 the second year from the Lottery Proceeds fund to provide a 3.0 percent salary increase for SOQ-recognized instructional and support positions, to become effective August 1, 2021. This represents an addition of $59.3 million the second year to provide a 3.0 percent salary increase in lieu of the 2.0 percent bonus that was proposed in the budget as introduced. To be eligible to draw down these funds, school divisions must certify to the Department of Education that salary increases of a minimum average of 3.0 percent have been or will have been provided during the 2020-2022 biennium, either in the first year or in the second year or through a combination of the two years, to instructional and support personnel.
Item 145 #7s - This amendment provides $30.0 million from the Lottery Proceeds Fund the second year to support one-time programs and initiatives to address learning loss experienced by students due to the COVID-19 pandemic.
Item 145 #8s - This amendment funds the state's share of three specialized student support positions per 1,000 students (at a cost of $49.2 million in the second year). Specialized student support positions, consistent with Senate Bill 1257, includes school social workers, school psychologists, school nurses, licensed behavior analysts, licensed assistant behavior analysts, and other licensed health and behavioral positions.
Item 145 #9s - This amendment provides $2.7 million from the Lottery Proceeds Fund the second year to provide one-time support to Accomack and Northampton school divisions for recruitment and retention efforts.
Item 145 #11s - This amendment requires all school divisions to offer in-person instruction options in the 2021-2022 school year to a student if the parent or guardian requests.
Item 479.20 #1s - This amendment provides that any additional revenue for fiscal year 2021 as a result of the higher than forecast general fund revenues in the fiscal year will be used for the listed high priority funding items in fiscal year 2022. This first item on the priority list is $47.2 million to fund one additional SOQ support position (in addition to those provided in Item 145 #8s).
