Thursday, March 14, 2024

Legislation from 2024 Session Awaits Action by Governor

The 2024 Session of the Virginia General Assembly adjourned Sine Die on Saturday, March 9, 2024. Lawmakers sent over 1,000 pieces of legislation to Governor Glenn Youngkin for consideration. The Governor has until April 8, 2024 to sign, veto, or offer amendments to legislation. The General Assembly will return to act on any amendments and vetoes by the Governor at the Reconvene Session scheduled for Wednesday, April 17, 2024.

Below is a listing of legislation important to school boards sent to the Governor. This is not a complete listing of all legislation passed during the 2024 session. To review legislation awaiting action by the Governor, please visit the Virginia Legislative Information System website.

In May, the VSBA Government Relations team will produce the 2024 Virginia General Assembly Comprehensive Report which will include additional legislative analysis from the session. 

SB 1 (Lucas)/ HB 1 (Ward) Increases the minimum wage from the current rate of $12.00 per hour to $13.50 per hour effective January 1, 2025, and to $15.00 per hour effective January 1, 2026. The bill satisfies a reenactment clause included in Chapters 1204 and 1242 of the Acts of Assembly of 2020. This bill is identical to HB 1.

SB 5 (Stanley)  Establishes the Science, Technology, Engineering, Mathematics, and Computing (STEM+C) Competition Team Grant Program and Fund to encourage interest in STEM+C-related subject areas and support STEM+C-related extracurricular team-building activities in public schools in the Commonwealth by providing grants to qualified schools, as defined in the bill, for use in establishing or supporting STEM+C competition teams.

SB 14 (McPike)/ HB 805 (Rasoul) Authorizes all counties and cities to impose an additional local sales and use tax at a rate not to exceed one percent with the revenue used only for capital projects for the construction or renovation of schools if such levy is approved in a voter referendum. The bill removes the requirement that such a tax must have an expiration date on either (i) the date of the repayment of any bonds or loans used for such capital projects or (ii) a date chosen by the governing body. Under current law, only Charlotte, Gloucester, Halifax, Henry, Mecklenburg, Northampton, Patrick, and Pittsylvania Counties and the City of Danville are authorized to impose such a tax. This bill is identical to HB 805.

SB 36 (Locke) Exempts certain public meetings from the definition of "meeting" under the Virginia Freedom of Information Act to clarify that three or more members of a public body may appear and participate in such public meeting without violating the Act, provided that no public business is transacted or discussed. The bill also exempts members of a public body who attend a public meeting of a second public body without violating the Act, provided that no public business is transacted or discussed. Finally, the bill defines "public business" as activity that a public body has undertaken or proposed to undertake on behalf of the people it represents.

SB 60 (Favola) Requires the Department of Education to make available to each school board and post on its website by the beginning of the 2024-2025 school year the guidelines established in accordance with relevant law for individualized education program (IEP) teams to use in developing IEPs for children with disabilities relating to the need for age-appropriate and developmentally appropriate instruction.

SB 104 (Lucas)/ HB 187 (Clark) Requires the Governor's introduced budget bills for the 2025, 2026, and 2027 Regular Sessions of the General Assembly to propose funding for, and state funding to be provided pursuant to the general appropriation act enacted during any regular or special session of the General Assembly during 2025, 2026, or 2027 to fund, the Commonwealth's share of compensation supplement incentives for Standards of Quality-funded instructional and support positions sufficient to increase the average teacher salary in the Commonwealth to at least the national average teacher salary by the end of the 2026–2028 biennium and establishes a detailed timeline and process for satisfying such requirement. This bill is identical to HB 187.

SB 105 (Lucas) Renames the National Teacher Certification Incentive Reward Program and Fund as the National Board Certification Incentive Reward Program and Fund, expands eligibility for incentive grant awards from such Fund pursuant to such Program from solely teachers who have obtained national certification from the National Board for Professional Teaching Standards to (i) all public school staff who are candidates for initial national certification or maintenance of national certification to cover certain costs of obtaining or maintaining such certification and (ii) all public school staff who have successfully obtained or maintained such certification. The bill also declares as eligible for an annual incentive grant award in the amount of $7,500 all public school staff who have obtained or maintained such certification. Current law declares as eligible for an annual incentive grant award of $5,000 in the first year and $2,500 in each subsequent year all teachers who have obtained or maintained such certification. The bill also establishes the At-Risk Program for the purpose of supporting programs and services for students who are educationally at risk, including prevention, intervention, or remediation activities required pursuant to relevant law, teacher recruitment programs and initiatives, programs for English language learners, the hiring of additional school counselors and other support staff, and other programs relating to increasing the success of disadvantaged students in completing a high school degree and providing opportunities to encourage further education and training. The bill also contains provisions relating to certain funding requirements for the At-Risk Program. Finally, the bill directs the Department of Education to (a) develop and implement a data collection process related to English language learner expenditures and student English proficiency levels to begin to address the recommendations of the Joint Legislative Audit and Review Commission's 2023 review of Virginia's K-12 Funding Formula and (b) develop, in coordination with the Department of Behavioral Health and Developmental Services or any other relevant stakeholders, a plan for revised special education staffing requirements that addresses the staffing needs of each special education program in each school division. The bill provides for the inclusion of the provisions of the first enactment in the general appropriation act beginning July 1, 2026. This bill incorporates SB 127, SB 128, SB 187, SB 227, SB 228, and SB 609.

SB 142 (Ruff) Requires the Board of Education to include in its teacher licensure regulations provisions authorizing each school board to, upon recommendation of the division superintendent or the school board and in accordance with the criteria set forth in the bill, issue a one-year, nonrenewable local eligibility license that is only valid within the issuing school division to any individual who (i) received a baccalaureate degree from a regionally accredited institution of higher education, (ii) has experience or training in a subject or content area as the school board and division superintendent may deem appropriate for the applicable teaching position or endorsement area, and (iii) is not seeking to provide instruction in special education or eligible for collegiate professional or postgraduate professional licensure. The bill establishes several requirements, criteria, and conditions relating to a local eligibility license. The bill has an expiration date of July 1, 2030.

SB 199 (Diggs)/ HB 1345 (Anthony) Requires the Board of Education, in collaboration with the Virginia Community College System, Career and Technical Education directors, and industry partners, to develop and maintain a current, comprehensive, and uniform list of industry-recognized workforce credentials that students may take as a substitute for certain units of credit required for graduation, including such credentials that are accepted as substitutes for electives credits and credentials completed outside of regular school hours. The bill requires each school board to accept as a substitute for a required credit any credential listed as an accepted substitute for such required credit. The bill also requires any College and Career Access Pathways Partnership entered into between a school board and a comprehensive community college to specify, consistent with the list, industry-recognized credentials that are accepted as substitutes for certain credits required for high school graduation. Finally, the bill requires the Board, in establishing graduation requirements, to permit any student to substitute elective credits for completion of any industry-approved workforce credential that is included on the list as an accepted substitute for such credits. This bill is identical to HB 1345.

SB 220 (Favola)/ HB 1089 (Coyner) Makes several changes relating to special education and related services for children with disabilities in public elementary and secondary schools in the Commonwealth, including requiring (i) the Department of Education to (a) develop, establish, review and update as necessary at least once every five years, and make available to each local school board an IEP writing, facilitation, tracking, and transfer system to be referred to as the Virginia IEP that includes, at a minimum, an IEP template component and a data system component and (b) develop and publish a data dashboard for the annual public reporting of state-level, division-level, and school-level special education data; (ii) each local school board to designate a faculty member to serve as a special education parent/family liaison to be a resource to parents and families to understand and engage in the referral, evaluation, reevaluation, and eligibility process if they suspect that their child has a disability and in the IEP process; and (iii) the Parent Training and Information Center in the Commonwealth designated pursuant to relevant federal law to establish special education family support centers in eight distinct regions of the Commonwealth that shall each be staffed by a regional special education family liaison employed by such center, coordinate with the designated special education parent/family liaisons in the local school divisions in the region, develop and implement outreach and support to parents of children with disabilities in its region, and track and report to the State Parent Ombudsman for Special Education data on questions and concerns raised by parents. This bill is identical to HB 1089.

HB 66 (Campbell) Requires every public school to hold fire drills during the school session in accordance with the requirements of the Statewide Fire Prevention Code. Current law requires such fire drills to be conducted at least twice during the first 20 school days of each school session and at least twice more during the remainder of the school session.

HB 69 (Bulova) Requires the local governing body or elected school board making an interim appointment to fill a vacancy in the membership of such body or board to hold a public meeting at least seven days prior to making such appointment. The bill specifies that at such meeting, the body or board shall announce the names of all persons being proposed for the interim appointment and shall make available for inspection each person's resume and any other materials required by the body or board.

HB 252 (Cole)  Requires each school board to permit any student enrolled in a public elementary or secondary school in the local school division who provides acceptable proof of identification, if requested, and who signs up in accordance with the sign-up procedures for the respective school board meeting to submit oral comments during any public comment portion of such meeting, subject to the same reasonable time, place, and manner restrictions imposed by such school board on the expression of any other citizen participant in such meetings.

HB 269 (McQuinn) Requires the Board of Education to amend its relevant regulation to permit any career switcher who seeks a teaching endorsement preK through grade 12, including any career switcher who seeks a teaching endorsement in special education, to pursue a Provisional (Career Switcher) License through the career switcher alternate route to licensure program in accordance with all of the requirements set forth in such regulation, provided that the individual completes at least 60 percent of the endorsement requirements for special education general curriculum K-12 as part of Level I preparation and the remainder of such requirements as part of Level II and Level III preparation.

HB 501 (Cohen) Requires any divisionwide or public elementary or secondary school-specific school building evacuation plan, policy, or protocol to include provisions that seek to maximize the opportunity for students with mobility impairments to evacuate the school building alongside their non-mobility-impaired peers.

HB 561 (Askew) Requires the Virginia Center for School and Campus Safety to include specific technology systems in the list of items to be reviewed and evaluated in required annual school safety audits.

HB 599 (Simonds) Permits any school board, with the concurrence of the local governing body, to establish a capital reserve fund as a savings account into which it exclusively deposits the local operating funds that remain unexpended at the end of the year for future school division capital expenditures at no additional cost to local taxpayers, subject to certain conditions enumerated in the bill.

HB 919 (Srinivasan) Directs the Department of Education, in consultation with the Department of Behavioral Health and Developmental Services and the Department of Medical Assistance Services, to develop, adopt, and distribute to each school board a model memorandum of understanding between a school board and a nationally recognized school-based telehealth provider that sets forth the parameters for the provision of mental health teletherapy by such provider to public school students enrolled in the local school division. Current law only requires the development, adoption, and distribution of a model memorandum of understanding between a school board and a public or private community mental health services provider. The bill also permits each school board to adopt policies and procedures to increase the accessibility of school-based mental health services for students enrolled in each school division who may not have access to mental health services otherwise by providing or expanding virtual mental health resources and establishing or expanding a partnership with (i) a public or private community mental health services provider that offers school-based teletherapy to students or (ii) a nationally recognized school-based telehealth provider that provides mental health teletherapy to students.

HB 937 (Levere-Bolling) States that the intent of the General Assembly is that school boards encourage the implementation of innovative low-cost or no-cost alternatives to transporting students to and from school on school buses, including organizing or otherwise facilitating, encouraging, or supporting biking or walking school buses whereby groups of students ride bicycles or walk to and from school.