General Assembly Update 2/7/18

Welcome Dear Readers!

Today was an action filled day in the General Assembly. The main item of news is that HB 276 (Bell) was passed by indefinitely in the House Education Committee on a vote of (12-10). VSBA strongly opposed this school discipline mandate that would have handicapped the ability of school divisions to maintain classroom safety and order. We sent an action alert to you yesterday, and you responded with true spirit! Related to school discipline, HB 688 (McQuinn), also opposed by VSBA, was tabled in House Appropriations Subcommittee on a vote of (5-3). These close votes went in our favor because of your tireless advocacy and education efforts with your legislators. Thank you for all your hard work! A full breakdown of the day's activity is captured below.

VSBA staff attended the 8:30 a.m. meeting of the House Education Committee. Bills of interest to our organization discussed were:

HB 50 (Hope) - This bill would require each local school board to adopt policies that prohibit school board employees from requiring a student who cannot pay for a meal at school or who owes a school meal debt to do chores or other work to pay for such meals; and require school board employees to direct any communication relating to a school meal debt to the student's parent, which may be made by a letter addressed to the parent to be sent home with the student. This bill was reported unanimously by the committee with a substitute (22-0).

HB 296 (Bell, Richard P.) - This bill would prohibit students in preschool through grade three from being suspended or expelled except for drug offenses, firearm offenses, or certain criminal acts. As discussed, VSBA staff and membership advocated strongly against this bill as written. The committee passed the bill by indefinitely (12-10).

HB 803 (O'Quinn) - This bill would extend eligibility to participate in programs of preparation and instruction to take a high school equivalency examination approved by the Board of Education to individuals who are at least 16 years of age. Under current law, such programs are available only to adults who did not complete high school, students who have been granted permission by their division superintendent, and those who have been ordered by a court to participate in the program. The committee reported the bill unanimously (22-0).

HB 829 (Bagby) - This bill would clarify that each parent of a school-age child in the Commonwealth is required to cause his child to attend school. Current law requires each such parent to send his child to school. The committee reported the bill (21-1).

HB 831 (Bagby) - This bill would require the Virtual Virginia program, established by the Department of Education, to be made available to all public middle and high schools. The bill would provide that such program may be made available to all public elementary schools. Under current law, Virtual Virginia is required to be made available to public high schools only. The bill also would replace the term "statewide electronic classroom" with "online learning program" to more accurately reflect the Virtual Virginia program. The committee reported the bill unanimously (22-0).

HB 1125 (Landes) - This is an omnibus bill making several changes to teacher licensure. Among other things, this substitute eliminates the requirements that teachers demonstrate proficiency in the use of educational technology for instruction and that they receive professional development in instructional methods tailored to promote student academic progress and effective preparation for the SOL end of course and end of grade assessments. The substitute also allows teachers to complete certain requirements during their first year of licensure rather than before licensure. The substitute provides for an alternate route to licensure for elementary education preK-6 and special education general curriculum. The substitute allows BOE to extend a provisional license for up to two additional years and provides for a 10 year renewable license instead of a 5 year renewable license. VSBA supports this bill. The committee reported the bill unanimously (22-0).

HB 1346 (Thomas) - This bill 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 committee reported and referred the bill to House Appropriations (21-1).

HB 1431 (Bell, Richard P.) - This bill would require the Virginia Public Building Authority to establish and administer the Public School Capital Grant Program (the Program) for the purpose of providing grants on a competitive basis to any local school board that governs a local school division in a locality that is determined to have high fiscal stress by the Virginia Commission on Local Government in its most recent "Report on the Comparative Revenue Capacity, Revenue Effort, and Fiscal Stress of Virginia Counties and Cities" for such school board to use for school building capital renovation or construction projects. The bill caps each Program grant at $10 million and requires local matching funds for each such grant. The committee reported and referred to House Appropriations unanimously (22-0).

HB 1532 (Herring) - Health education; prescription drugs. Requires the health education program required for each public elementary and secondary school student to include an age-appropriate program of instruction on the safe use of and risks of abuse of prescription drugs that is consistent with curriculum guidelines developed by the Board of Education and approved by the State Board of Health. The bill requires the Board of Education to model such curriculum guidelines after the curriculum adopted by the School Board of the City of Virginia Beach regarding drugs and the opioid crisis. The committee reported the bill with amendments that changed the language to a permissive tense unanimously (22-0).

HB 350 (Reid) – This bill would require each local school board that does not offer a universal full-day kindergarten (FDK) program for each kindergarten student in the school division to develop and implement a plan to fund and phase in a universal FDK program for each kindergarten student in the school division and submit the plan to the General Assembly in advance of the 2019 Regular Session of the General Assembly. The bill would require such plan to identify the number and percentage of students enrolled in FDK in the local school division (i) during the 2014-2015 school year and (ii) at the end of 2017, the specific steps for full implementation of the plan, impediments to full implementation of the plan, the areas in which support from the Commonwealth is necessary to achieve full implementation of the plan, and lessons learned from previous or ongoing efforts to provide a universal FDK program that can be shared with other local school boards that do not offer a universal FDK program. The bill was reported and referred to House Appropriations (17-4).

HB 380 (Krizek) – This bill would establish the Grow Your Own Teacher Program Fund and permit the Department of Education to award grants from such fund to local school boards to establish Grow Your Own Teacher Programs whereby the local school board provides scholarships not to exceed $7,500 per academic year for attendance at a baccalaureate institution of higher education in the Commonwealth to any individual who (i) graduated from a public high school in the local school division; (ii) was eligible for free or reduced price lunch throughout the individual's attendance at a public high school in the local school division; and (iii) commits to teach, within three years of graduating from the baccalaureate institution of higher education in the Commonwealth and for a period of at least four years, in the school division at a public high school at which at least 50 percent of students qualify for free or reduced price lunch. The bill would provide that in the event that any program scholarship recipient fails or refuses to comply with such teaching obligation, the sum of all scholarship funds received by such individual shall be converted to a loan that is subject to repayment with interest. The committee reported and referred the bill to House Appropriations (21-1).

HB 632 (Bulova) – This bill would require the Board of Education (Board) to (i) establish content standards and curriculum guidelines for courses and programs of instruction in existing courses in career investigation in elementary school, middle school, and high school; (ii) develop, in consultation with representatives of career and technical education, trade, and contractor organizations, career investigation resource materials that are designed to ensure that students have the ability to further explore interest in career and technical education opportunities in middle and high school; and (iii) disseminate such career investigation resource materials to each school board. The bill would direct each school board to require each middle school student to take at least one course or program of instruction in an existing course in career investigation and permits each school board to require such courses or programs of instruction in career investigation at the elementary and high school level as it deems appropriate. The bill would provide that each such course and program of instruction shall be equivalent in content and rigor to the Board's content standards and curriculum guidelines and shall provide the foundation for students to develop their academic and career plans. The committee reported the bill with a substitute (21-1).

HB 676 (Pogge) – This bill would declare it the goal of the Commonwealth that each child who is deaf or hard of hearing is (i) as linguistically ready for kindergarten as his peers who are not deaf or hard of hearing and (ii) receptively and expressively literate in English and literate in written English by the end of third grade. The bill would require each agency of the Commonwealth that is responsible for providing services to children who are deaf or hard of hearing to collaborate to provide unified and seamless services for each such child from the onset of the Early Hearing Detection and Intervention process through the end of his elementary and secondary school career. The bill also would establishe a 14-member Deaf and Hard-of-Hearing Children's Advisory Subcommittee within the Disability Commission to advise the Commission on the provision of services in the Commonwealth for children who are deaf or hard of hearing. The committee reported the bill with a substitute (18-4).

HB 1044 (Torian) – This bill would require each school board to adopt policies to (i) prohibit abusive work environments in the school division, (ii) provide for the appropriate discipline of any school board employee who contributes to an abusive work environment, and (iii) prohibit retaliation or reprisal against a school board employee who alleges an abusive work environment or assists in the investigation of an allegation of an abusive work environment. The bill would define an abusive work environment as one in which a school board employee engages in conduct in the workplace that a reasonable person would find hostile and that is severe enough to cause physical harm or psychological harm to another school board employee. The committee reported the bill (15-7).

HB 1119 (VanValkenburg) – This bill would require the Superintendent of Public Instruction to develop and make available annually to each public elementary and secondary school teacher in the Commonwealth a voluntary and anonymous school climate survey to evaluate school-level teaching conditions and the impact such conditions have on teacher retention and student achievement. The bill would require such survey to include questions regarding school leadership, teacher leadership, teacher autonomy, demands on teachers' time, student conduct management, professional development, instructional practices and support, new teacher support, community engagement and support, and facilities and other resources. The committee reported and referred the bill to House Appropriations with technical amendments (21-1).

HB 1370 (Pogge) – This bill would clarify that a parent who provides home instruction through a program of study or curriculum is required to provide his child with such program of study or curriculum to satisfy the requirements for the home instruction of such child. The committee reported the bill unanimously (22-0).

HB 1419 (Delaney) – This bill would require local school boards to provide (i) a minimum of 680 hours of instructional time to students in elementary except for students in half-day kindergarten and (ii) a minimum of 375 hours of instructional time to students in half-day kindergarten in the four academic disciplines of English, mathematics, science, and history and social science. The bill would authorize local school boards to include and requires the Board of Education to accept, elementary school, unstructured recreational time that is intended to develop teamwork, social skills, and overall physical fitness in any calculation of total instructional time or teaching hours. The committee reported the bill with a technical substitute (21-1).

HB 1485 (Filler-Corn) – This bill would make several changes to the procedures relating to interventions when a pupil fails to report to school for a total of five scheduled school days for the school year, no indication has been received by school personnel that the pupil's parent is aware of and supports the pupil's absence, and a reasonable effort to notify the parent has failed, including (i) removing the appointed attendance officer as a party to the plan to resolve such nonattendance, (ii) permitting but not requiring the attendance officer to participate in the conference necessitated by additional absences subsequent to the development of the plan, and (iii) permitting but not requiring the attendance officer to file a complaint with the juvenile and domestic relations court alleging the pupil is a child in need of supervision or to institute criminal proceedings against the parent pursuant to relevant law. Under current law, the attendance officer is required to participate in such conference and is also required to file such complaint and institute such proceedings in cases in which the pupil is absent for an additional school day without indication that the pupil's parent is aware of and supports the pupil's absence. The committee reported the bill with a substitute (17-5).

HB 1530 (Davis) – The bill would provide that, except in the case of high school students who are eligible for the Applied Studies diploma, each high school student who has met the requirements for graduation prescribed by the Board of Education and the local school board shall be awarded a diploma of achievement or a diploma of achievement with a foreign language endorsement. Under current law and Board of Education regulations, each high school student who has met the requirements for graduation is required to be awarded a standard diploma or an advanced studies diploma. The committee reported the bill with a substitute (17-5).

HB 167 (Miyares) – This bill would require the Board of Education to establish criteria for awarding a diploma seal for science, technology, engineering, and advanced mathematics (STEAM) for the Board of Education-approved diplomas. Under current law, such diploma seal is limited in scope to technology and advanced mathematics. The committee reported the bill with a substitute (20-1).

HB 544 (Freitas) – This bill would permit each local school board to (i) establish High School to Work Partnerships (Partnerships) between public high schools and local businesses to create opportunities for high school students to (a) participate in an apprenticeship, internship, or job shadow program in a variety of trades and skilled labor positions or (b) tour local businesses and meet with owners and employees or (ii) delegate the authority to establish Partnerships to the local school division's career and technical education administrator or his designee, in collaboration with the guidance counselor office of each public high school in the school division. The bill would require such local school boards to educate high school students about opportunities available through such Partnerships. The bill would also require the Board of Education, the Department of Labor and Industry, and the State Board for Community Colleges to identify Partnerships that may be eligible for exemptions from certain federal and state labor laws and regulations and establish procedures by which such exemptions may be obtained for such Partnerships. VSBA supports the bill. The committee reported the bill unanimously (22-0).

HB 1502 (Miyares) – This bill would establish the Advanced Placement and International Baccalaureate Testing Grant Fund and Program, to be administered by the Department of Education, for the purpose of awarding grants to local school boards to be used to cover half of the fee required to participate in any Advanced Placement or International Baccalaureate test for any high school student in the local school division who receives free or reduced price lunch. The bill would require the Department of Education to establish guidelines and procedures for application for and disbursement of such grants. The bill would require local school boards to use such grant funds to supplement, not supplant, any other federal, state, local, or private funds made available to cover such testing fees for high school students who receive free or reduced price lunch. The committee reported and referred the bill to House Appropriations (20-2).

HB 810 (O'Quinn) – A substitute for this bill was adopted by the committee.  The substitute reduces the training requirements for certain bus driver applicants.  VSBA supports this bill. The committee reported the bill with substitute unanimously (22-0).

HB 1000 (Gilbert) – A substitute for this bill was adopted by the committee.  The purpose of the bill is to address a 2015 decision of  the Virginia Supreme Court, Butler v. Fairfax County School Board.  The bill would allow a school board that employed individuals who had certain felony convictions as of the date of the Butler decision to rehire those individuals.   The committee reported the bill unanimously with the substitute (22-0).

 Following this, VSBA staff attended House Courts of Justice Subcommittee #1. Bills of relevance to our organization discussed included:

HB 15 (Mullin) - This bill would require a principal to first take appropriate alternative disciplinary action or determine that no such appropriate alternative disciplinary action exists before referring to the local law-enforcement agency student incidents of assault and assault and battery without bodily injury. The subcommittee recommended passing the bill by indefinitely (5-3).

HB 274 (Ward) - This bill provide that a student may have multiple discretionary diversions for truancy so long as no previous diversion occurred during the same school year. The bill extends the time frame for filing the complaint and implementing an informal truancy plan from 90 days to 120 days. The subcommittee recommended the bill for reporting unanimously (8-0).

HB 292 (Collins) - This bill would add abduction to the list of offenses that are reported to school division superintendents by a juvenile intake officer when a petition is filed alleging a student committed such offense. The bill would also add abduction and acts of violence by mobs to the list of offenses reported to school division superintendents by a law-enforcement officer when a student who is 18 years of age or older is arrested for committing such an offense; acts of violence by mobs is already on the list reported by an intake officer for a minor student. The bill would also add abduction on school property, on a school bus, or at a school-sponsored activity to the list of incidents to be reported to school division superintendents and principals. The subcommittee unanimously recommended the bill for reporting (8-0).

HB 438 (Bulova) - This bill would prohibit any person who is an employee, contractor, or agent of a public school or accredited private school from assisting an employee, contractor, or agent in obtaining a new job if such person knows or has probable cause to believe that such employee, contractor, or agent engaged in sexual misconduct regarding a minor or student. The subcommittee recommended the bill for reporting with a substitute unanimously (8-0).

HB 445 (Carroll Foy) - This bill would eliminate the requirement that school principals report certain enumerated acts that may constitute a misdemeanor offense to law enforcement. VSBA supports the bill. The subcommittee recommended passing the bill by indefinitely (5-2).

VSBA staff also attended House Cities, Counties, and Towns Subcommittee #2. One bill of interest to VSBA was discussed:

HB 1471 (Hugo) - This bill would require that the final step in an employee grievance procedure adopted by a local governing body, providing for a hearing before an administrative hearing officer or an impartial panel hearing, be selected by the aggrieved employee. Currently, the selection of this final step requires the agreement of both parties. The bill would also permit a school board to conduct a teacher grievance hearing before a three-member fact-finding panel. Under current law, the school board has the option of appointing a hearing officer or conducting such hearing itself. The bill contains technical amendments. The bill was amended to remove teachers from the affected employees. The subcommittee recommended carrying the bill over to 2019.

Lastly, VSBA staff attended a meeting of House Appropriations Elementary and Secondary Education Subcommittee. Bills of interest to VSBA that advanced out of the subcommittee were:

HB 670 (Kilgore) - This bill would permit any local school board that governs a school division (i) in which the locality is designated as fiscally at-risk or fiscally distressed by the Appalachian Regional Commission in the most recent fiscal year or is determined to have above-average fiscal stress or high fiscal stress by the Virginia Commission on Local Government in its most recent "Report on the Comparative Revenue Capacity, Revenue Effort, and Fiscal Stress of Virginia Counties and Cities" and (ii) for which the composite index of local ability to pay is less than or equal to 0.2000 to expend up to 25 percent of the required local match for basic aid for debt service on school building capital renovation or construction projects. The bill would provide that in the event that the school division no longer meets such criteria, the local school board shall develop and implement a plan to readjust expenditures of the required local match for basic aid over the course of no more than 10 fiscal years. The bill would also provide that in the event that a school division that no longer met such criteria and that developed such plan subsequently meets the criteria again, the local school board may seek the approval of the Superintendent of Public Instruction to amend such plan. The subcommittee recommended the bill for reporting unanimously (8-0).

HB 692 (Marshall) - This bill would provide that the Commonwealth's calculation of the composite index of local ability-to-pay shall take into account an arrangement by localities entered into pursuant to the Virginia Regional Industrial Facilities Act whereby a portion of tax revenue is initially paid to one locality and redistributed to another locality. Such calculation shall properly apportion the percentage of tax revenue ultimately received by each locality. The subcommittee recommended the bill for reporting unanimously (8-0).

The Following Bills were laid on the table by the subcommittee:

HB 1508 (Adams) – This bill would declare it to be the policy of the Commonwealth that school boards that are unable to fund the total amount required by the locality's composite index of local ability to pay to reach the prevailing funded salary for (i) qualified instructional positions funded under the Standards of Quality, as set out in Direct Aid to Public Education in the general appropriation act, and (ii) support services positions shall receive, to the extent practicable, state funds for qualified instructional positions and support services positions in addition to those state funds that the school board receives for public school purposes.

HB 176 (Bell, Richard) – This bill would require the Department of Education to develop and implement a pilot program in two local school divisions in the Commonwealth 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.

HB 336 (Cole) – This bill would make several changes relating to the provisions for special education programs for students with blindness or visual impairment, including (i) requiring each local school board to provide instruction in Braille and the use of Braille for such students unless the student's Individualized Education Program (IEP) team determines, after a critical assessment of the student, that instruction in Braille or the use of Braille is not appropriate to the student's educational needs and (ii) requiring a critical assessment to be administered to each student with blindness or visual impairment triannually and after any significant change in the student's vision. The bill would define "critical assessment" as an assessment of a student with blindness or visual impairment conducted by a licensed Teacher of the Visually Impaired that includes (a) a functional vision assessment conducted in an educational setting; (b) an assessment of reading media that is designed for and intended to be administered to students, is administered in the student's native language and in accordance with any instructions, and contains appropriate objective components such as font size, sustained reading speed, and fluency; (c) an assessment of the student's reading comprehension and writing skills; and (d) consideration of the student's current and future needs, including consideration of the student's current and future technology support needs.

HB 255 (Guzman) – This bill would establish the Public Preschool Fund and Grant Program for the purpose of funding and providing on a competitive basis grants to local school boards to establish and maintain public preschool programs for children who reside in the local school division and who will have reached their fourth birthday on or before September 30 of the relevant school year. The bill would require the Department of Education to administer the Public Preschool Grant Program and establish (i) guidelines and procedures for grant applications, awards, and renewals; (ii) standards for preschool programs established and maintained by grant recipients, including standards for curriculum, student achievement, attendance, instruction, personnel, and length of school day and school year; and (iii) data collection and reporting requirements for grant recipients. The bill would require the Department of Education to give priority to grant applicants who propose a plan for the innovative use of facilities in the local school division to house the proposed public preschool program, including community centers and recreation centers.

HB 13 (Kory) – This bill would require state funding to be provided pursuant to the general appropriation act to support 20 full-time equivalent instructional positions for each 1,000 students identified as having limited English proficiency. Current law requires state funding to support 17 such positions for each 1,000 such students.

HB 687 (McQuinn) – This bill would create the Virginia Public School Improvement Program to offer maximum educational options and flexibility for parents, teachers, and students. The bill would authorize any local school board to designate or approve any public school within its school division to participate in the Program if (i) a majority of parents and teachers of students at the school have petitioned the school board to participate in the Program, (ii) it does not meet the requirements to be fully accredited, or (iii) the school's pass rates for English and mathematics are below the division-wide average. Local school boards would continue to receive state basic school aid funding for participating schools, and participating schools would be exempt from certain school division policies and state regulations but would have to meet Standards of Quality, Standards of Learning, Standards of Accreditation, and certain federal requirements. Participation in the Program can be rescinded (a) by petition of a majority of parents and teachers, (b) if the school makes application to operate as a charter school, (c) if the school violates the stipulated contract with the local school board, or (d) if students at a participating school fail to achieve satisfactory academic progress each year for two consecutive school years. The bill would require the Board of Education to establish guidelines to assist school boards in implementing the Program in the school division and provide technical assistance to school boards upon request.

HB 688 (McQuinn) – This bill would require local school boards to provide alternative education programs for suspended students. VSBA opposes this bill strongly and spoke in opposition.

HB 168 (Murphy) – This bill would establish a maximum class size of 24 students in science laboratory classes in grades six through 12. VSBA spoke in opposition to the bill.

HB 1576 (Peace) – This bill would provide that if a county contains a school division composed of a town, the county's composite index shall be calculated as if the school division were not in the county. Under current law as provided in the general appropriation act, the composite index of local ability to pay is used to calculate each locality's share of basic aid funding for education.

HB 791 (Pogge) – This bill would exclude 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 or at least one full-time equivalent school nurse position per 550 students in grades kindergarten through 12.

HB 121 (Rasoul) – This bill would require the Department of Education to establish an interagency taskforce composed of state and local agencies and entities in the areas of early childhood development, health, social services, community engagement, family engagement, higher education, and workforce development for the purpose of developing a program for the establishment of community schools whereby public elementary and secondary schools serve as centers for the provision of such community programs and services to students and their families as may be necessary on the basis of the unique needs of the student population to be served.

HB 1380 (Robinson) – This bill would reduce from 35 to 29 the maximum class size in grades four through six.

HB 199 (Sullivan) – This bill would require the Superintendent of Public Instruction to establish and appoint members to the Digital Citizenship, Internet Safety, and Media Literacy Advisory Council (Council), including at least one teacher, librarian, representative of a parent-teacher organization, school administrator, and individual with expertise in digital citizenship, Internet safety, and media literacy. The bill would require the Council to (i) develop and recommend to the Board of Education for adoption a model policy for local school boards that would enable such school boards to better support the digital citizenship, Internet safety, and media literacy of all students in the local school division; (ii) develop and recommend to the Board for adoption model instructional practices for the safe, ethical, and responsible use of media and technology by students in public elementary and secondary schools; and (iii) design and post on the Department of Education's website a page with links to successful instructional practices, curricula, and other teacher resources used in school divisions within and outside of the Commonwealth for the safe, ethical, and responsible use of media and technology by students. VSBA spoke in support of this bill.

HB 1111 (Tran) – This bill would establish the STEAM Education Fund for the purpose of awarding grants in amounts not to exceed $50,000 annually to any public elementary or secondary school in the Commonwealth at which at least 25 percent of students qualify for free or reduced lunch that provides an academic class, curriculum, or activity focused on a science, technology, engineering, arts, or mathematics (STEAM) discipline.

HB 1118 (VanValkenburg) – This bill would establish the SAT School Day Fund (the Fund) and requires the Board of Education to establish and maintain the SAT School Day Program (the Program) whereby the Board utilizes funds made available through the Fund to enter into a contract with the College Board to enable each public high school junior in the Commonwealth to participate in the SAT free of charge during a select school day.

Update from the General Assembly 2/5/18

Yesterday was a very busy day at the General Assembly.  The House Education Subcommittee 2 met at 7 a.m. and considered the following bills of interest:




HB167 (Miyares) A substitute was adopted.  The substitute would require the Board of Education to establish criteria for awarding a diploma seal for science, technology, engineering, and mathematics (STEM).  Current law provides for a diploma seal for mathematics and technology only.  The subcommittee voted unanimously to recommend that the substitute report (8-0).


HB542 (Freitas) This bill would have required dual enrollment agreements between school boards and community colleges to allow for nonresident students to apply for enrollment in dual enrollment courses.  At the request of the patron, the subcommittee tabled the bill. 


HB544 (Freitas) This bill would permit school boards to establish High School to Work Partnerships with local businesses to create opportunities for high school students to participate in apprenticeships, internships, and job shadowing programs and tour local businesses and meet with owners and employees.  The subcommittee unanimously recommended that the bill be reported (7-0).
HB1502 (Miyares) This bill establishes the Advanced Placement and International Baccalaureate Testing Grant Fund and Program, to be administered by the Department of Education, for the purpose of awarding grants to local school boards to be used to cover half of the fee required to participate in any Advanced Placement or International Baccalaureate test for any high school student in the local school division who receives free or reduced price lunch. The bill requires the Department of Education to establish guidelines and procedures for application for and disbursement of such grants. The bill requires local school boards to use such grant funds to supplement, not supplant, any other federal, state, local, or private funds made available to cover such testing fees for high school students who receive free or reduced price lunch. The subcommittee unanimously recommended that the bill be reported and referred to Appropriations (8-0).

HB349 (Kory) This bill would prohibit the principal of a public elementary or secondary school from furnishing or permitting the furnishing of the name, address, and telephone listing of a presently or formerly enrolled pupil to an official recruiting representative of the Armed Forces of the United States or the Commonwealth without the written consent of such pupil or, if the pupil is less than 18 years of age, his parent if such pupil or his parent has submitted to the school board a written request to opt out of such disclosures. The subcommittee voted to recommend that the bill be passed by indefinitely (5-3).

Then the House Education Committee met at 9 a.m. and considered the following bills:

HB 13 (Kory) – This bill requires state funding to be provided pursuant to the general appropriation act to support 20 full-time equivalent instructional positions for each 1,000 students identified as having limited English proficiency. Current law requires state funding to support 17 such positions for each 1,000 such students. The Committee reported and referred the bill to House Appropriations (20-0).

HB 45 (Filler-Corn) - This bill would require any family life education curriculum offered in any elementary school, middle school, or high school to include instruction on the importance of the personal privacy and personal boundaries of other individuals and tools for a student to use to ensure that he respects the personal privacy and personal boundaries of other individuals. The Committee be reported the bill (20-0).

HB 168 (Murphy) - This bill would establish a maximum class size of 24 students in science laboratory classes in grades six through 12. The Committee amended the bill to refer to chemistry classes only. The Committee reported and referred the bill to House Appropriations (11-8).

HB 336 (Cole) - This bill would make several changes relating to the provisions for special education programs for students with blindness or visual impairment, including (i) requiring each local school board to provide instruction in Braille and the use of Braille for such students unless the student's Individualized Education Program (IEP) team determines, after a critical assessment of the student, that instruction in Braille or the use of Braille is not appropriate to the student's educational needs and (ii) requiring a critical assessment to be administered to each student with blindness or visual impairment triannually and after any significant change in the student's vision. The bill defines "critical assessment" as an assessment of a student with blindness or visual impairment conducted by a licensed Teacher of the Visually Impaired that includes (a) a functional vision assessment conducted in an educational setting; (b) an assessment of reading media that is designed for and intended to be administered to students, is administered in the student's native language and in accordance with any instructions, and contains appropriate objective components such as font size, sustained reading speed, and fluency; (c) an assessment of the student's reading comprehension and writing skills; and (d) consideration of the student's current and future needs, including consideration of the student's current and future technology support needs. VSBA is opposed to this bill. The Committee reported and referred the substitute to House Appropriations (21-0).

HB 791 (Pogge) - This bill would exclude 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 or at least one full-time equivalent school nurse position per 550 students in grades kindergarten through 12. The Committee reported and referred the bill to House Appropriations (15-3).

HB 1085 (Yancey) - A substitute for this bill was adopted in subcommittee. The substitute would require school boards which have military installations within their divisions to adopt and implement policies allowing for students residing on base or in base housing to enroll in another school in the school division if space is available. The policy may have other conditions on such enrollment. The Committee reported the substitute (15-5).

HB 1380 (Robinson) - This bill was amended in Committee to reduce from 35 to 32 the maximum class size in grades four through six. The Committee reported and referred the bill to House Appropriations (16-4).

HB 159 (Rasoul) This bill would have required each local school board to implement a comprehensive, sequential family life education curriculum in grades kindergarten through 12 that is consistent with the family life education Standards of Learning or curriculum guidelines developed by the Board of Education and removed from such standards and guidelines the requirement for instruction in the benefits, challenges, responsibilities, and value of marriage for men, women, children, and communities; abstinence education; the value of postponing sexual activity; and the benefits of adoption as a positive choice in the event of an unwanted pregnancy. VSBA opposes this bill. The Committee voted to pass the bill by indefinitely (11-9).

The House Education Subcommittee 2 met beginning at 4 p.m. and considered the following bills:

HB50 (Hope) This bill requires each local school board to adopt policies that (i) prohibit school board employees from publicly identifying or stigmatizing a student who cannot pay for a meal at school or who owes a meal debt, including requiring that such student wear a wristband or hand stamp; (ii) prohibit school board employees from requiring a student who cannot pay for a meal at school or who owes a school meal debt to do chores or other work to pay for such meals; and (iii) require school board employees to direct any communication relating to a school meal debt to the student's parent, which may be made by a letter addressed to the parent to be sent home with the student. The bill was amended in subcommittee to remove the prohibition on publicly identifying or stigmatizing a student who cannot pay for a meal because the subcommittee members did not want the bill to be interpreted as a requirement that school boards provide a hot meal to a student who does not pay for it (which would be an unfunded mandate). The subcommittee recommended the amended bill be reported (8-0).

HB296 (Bell) This bill prohibits students in preschool through grade three from being suspended or expelled except for drug offenses, firearm offenses, or certain criminal acts. VSBA opposes this bill as drafted. VSBA attempted to negotiate a compromise on this bill but the patron rejected the compromise. The subcommittee voted to report the bill (5-3). VSBA will continue to oppose this bill and to support the compromise that was reached on the Senate version of the bill, SB170.

HB740 (McGuire) This bill requires the Department of Education to establish and appoint members to a task force for the purpose of establishing a program and standards for the designation of any public middle school or high school in the Commonwealth as a cyber center of excellence. The bill requires such program and standards to, at minimum, (i) establish a competitive process by which local school boards may apply to the Department of Education to designate any middle school or high school in the local school division as a cyber center of excellence and (ii) require applicants to demonstrate the ability to (a) provide high-quality programs and curricula for the development of the computer skills of enrolled students, (b) identify enrolled students with an aptitude for such programs and curricula, and (c) assist such students in developing their computer skills in order to be better prepared to meet the Commonwealth's growing demand and unmet need for cybersecurity professionals. The bill requires the task force to create and distribute to each local school board guidelines, procedures, and best practices for applications for the designation of schools as cyber centers of excellence. The subcommittee recommended that the bill be reported and referred to House Appropriations (8-0).

HB803 (O’Quinn) This bill extends eligibility to participate in programs of preparation and instruction to take a high school equivalency examination approved by the Board of Education to individuals who are at least 16 years of age. Under current law, such programs are available only to adults who did not complete high school, students who have been granted permission by their division superintendent, and those who have been ordered by a court to participate in the program. The subcommittee recommended that this bill report (7-1).

HB808 (O’Quinn) This bill requires the Department of Education, in scoring each individual Standards of Learning assessment, to utilize the highest score achieved by the student on each section of the assessment during any administration of the assessment. The subcommittee voted unanimously to carry this bill over to 2019.

HB829 (Bagby) This bill clarifies that each parent of a school-age child in the Commonwealth is required to cause his child to attend school. Current law requires each such parent to send his child to school. The subcommittee recommended that this bill report (7-1).

HB831 (Bagby) This bill requires the Virtual Virginia program, established by the Department of Education, to be made available to all public middle and high schools. The bill provides that such program may be made available to all public elementary schools. Under current law, Virtual Virginia is required to be made available to public high schools only. The bill also replaces the term "statewide electronic classroom" with "online learning program" to more accurately reflect the Virtual Virginia program. The subcommittee recommended that this bill report and refer to House Appropriations (8-0).

HB1125 (Landes) A substitute was adopted by the subcommittee. This is an omnibus bill making several changes to teacher licensure. Among other things, this substitute eliminates the requirements that teachers demonstrate proficiency in the use of educational technology for instruction and that they receive professional development in instructional methods tailored to promote student academic progress and effective preparation for the SOL end of course and end of grade assessments. The substitute also allows teachers to complete certain requirements during their first year of licensure rather than before licensure. The substitute provides for an alternate route to licensure for elementary education preK-6 and special education general curriculum. The substitute allows BOE to extend a provisional license for up to two additional years and provides for a 10 year renewable license instead of a 5 year renewable license. VSBA supports this bill. The subcommittee recommended that the bill report (8-0).

HB1286 (LaRock) This bill permits the parents of certain children to apply to the school division in which the child resides for a one-year, renewable Parental Choice Education Savings Account that consists of an amount that is equivalent to a certain percentage of all applicable annual Standards of Quality per pupil state funds appropriated for public school purposes and apportioned to the resident school division in which the student resides, 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 student is eligible. The bill permits the parent to use the moneys in such account for certain education-related expenses of the student, including tuition, deposits, fees, and required textbooks at a private elementary school or secondary school that is located in the Commonwealth. The bill also contains provisions relating to auditing, rescinding, and reviewing expenses made from such accounts. VSBA opposes this bill. In subcommittee there first was a motion to pass the bill by indefinitely, which motion failed on a tie vote of 4-4. Then there was a motion to report the bill, which also failed on a tie vote of 4-4.

HB1346 (Thomas) This bill 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 subcommittee recommended that the bill report any refer to House Appropriations (8-0).

HB1431 (Bell) This bill would require the Virginia Public Building Authority to establish and administer the Public School Capital Grant Program (the Program) for the purpose of providing grants on a competitive basis to any local school board that governs a local school division in a locality that is determined to have high fiscal stress by the Virginia Commission on Local Government in its most recent "Report on the Comparative Revenue Capacity, Revenue Effort, and Fiscal Stress of Virginia Counties and Cities" for such school board to use for school building capital renovation or construction projects. The bill caps each Program grant at $10 million and requires local matching funds for each such grant. The subcommittee recommended that the bill report and refer to House Appropriations (8-0).

HB1477 (Roem) The patron offered a substitute which would have required school boards to adopt policies prohibiting "lunch shaming" of students and would also have required school boards to provide a hot meal to every student who is unable to pay for the meal, regardless of how much lunch debt the student may have accumulated. The VSBA opposed the bill only to the extent that it required the unlimited provision of lunches to students who have not paid, which is an unfunded mandate. First, there was a motion to pass the bill by indefinitely which motion failed on a tie vote of 4-4. Then there was a motion to recommend reporting the bill which also failed on a vote of 3-5.

HB1532 (Herring) This bill would have requires the health education program required for each public elementary and secondary school student to include an age-appropriate program of instruction on the safe use of and risks of abuse of prescription drugs that is consistent with curriculum guidelines developed by the Board of Education and approved by the State Board of Health. The bill was amended in subcommittee to be permissive. The subcommittee voted to recommend that the amended bill report (8-0).

HB1579 (Kory) This bill would have provided that no student shall be charged tuition or fees for enrolling in any online course or virtual program that is required or is offered by the school division in which he resides and that provides that no local school board can offer and no student can be required to take any online course or virtual program unless every student enrolled in the course is provided or offered, free of charge, a computer or other electronic device necessary to take the course. Further, the bill provides an exception for the high school graduation requirement to take a virtual course if such requirements are not met. The subcommittee recommended that the bill be passed by indefinitely (5-3).

HB1604 (Bell) This bill requires health instruction to incorporate standards that recognize the multiple dimensions of health by including mental health and the relationship of physical and mental health so as to enhance student understanding, attitudes, and behavior that promote health, well-being, and human dignity. The bill also directs the Board of Education to review and update the health Standards of Learning for students in grades nine and 10 to include mental health. The subcommittee recommended that the bill report (8-0).

Update from the General Assembly 2/2/18

On Thursday and Friday, VSBA staff attended and participated in several Committee and Subcommittee meetings. Numerous bills pertaining to education and school boards were discussed.

Starting the day on Thursday, VSBA staff attended the full Senate Education and Health Committee. Bills of interest to VSBA covered by the committee are listed below:

SB 261 (Suetterlein) - This bill would provide that a local school board that is required to employ two full-time librarians for any middle school or high school may meet such requirement by employing two full-time librarians, or one full-time librarian and one full-time media specialist, instructional coach, personalized learning lab facilitator, content coordinator, or instructional resource teacher. The bill also provides that a local school board that is required to employ a full-time school-based clerical person for the library for any middle school or high school may meet such requirement by employing one full-time school-based clerical person for the library, for instruction, or for assessment or career planning, or by employing one full-time classroom instructional assistant. VSBA spoke in support of the bill. The committee voted to report the bill (8-7).

SB 274 (Barker) - This bill would increase from 540 hours to 990 hours the minimum instructional hours in a school year for students in kindergarten. The bill directs the Board of Education to promulgate regulations by July 1, 2020, establishing standards for accreditation that include a requirement that the standard school day for students in kindergarten average at least 5.5 instructional hours in order to qualify for full accreditation. The bill has a delayed effective date of July 1, 2020. VSBA spoke in opposition to the bill. The committee failed to report the bill (7-8).

SB 303 (Marsden) - This bill would require each school board to (i) develop and implement a policy to prohibit the use of tobacco products and nicotine vapor products on a school bus, on school property, or at a 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 a school-sponsored activity. The committee voted to pass the bill by indefinitely (9-6).

SB 361 (Spruill) - This bill would eliminate the cap on the annual salary that the school board of the City of Norfolk may pay its appointed members. Beginning July 1, 2018, all members of such school board will be elected members. The full committee reported the bill unanimously (15-0).

SB366 (Stuart) - This bill would exclude 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 or at least one full-time equivalent school nurse position per 550 students in grades kindergarten through 12. The committee voted unanimously  to carry the bill over into 2019 (14-0).

SB 516 (Obenshain) - This bill would authorize the Board of Education (the Board) to establish regional charter school divisions consisting of at least two but not more than three existing school divisions in regions in which each underlying school division has (i) an enrollment of more than 3,000 students and (ii) one or more schools that have accreditation denied status for two out of the past three years. The bill would require such regional charter school divisions to be supervised by a school board that consists of eight members appointed by the Board and one member appointed by the localities of each of the underlying divisions. The bill would authorize the school board, after a review by the Board, to review and approve public charter school applications in the regional charter school divisions and to contract with the applicant. The bill would require that the state share of Standards of Quality per pupil funding of the underlying school district in which the student resides be transferred to such school. VSBA spoke in strong opposition to the bill on the grounds that it was unconstitutional, among other things. The committee voted to report and refer the bill to Senate Finance (8-7).

SB 537(Hanger) - This bill would require the General Assembly to modify the current standards of quality funding formula and calculation of composite index of local ability to pay to incorporate within the real estate indicator of local wealth the land-use assessment value for those properties located within a land-use plan. The committee voted unanimously to refer the bill to Senate Finance (15-0).

SB 713 (Dunnavant) - This bill would require local school divisions to identify students in grades 10, 11, and 12 who are at risk of graduating without the necessary skills to take college-level mathematics coursework, as demonstrated by their individual performance on a Standards of Learning assessment, the PreACT, PSAT/NMSQT, ACT, or SAT, the Virginia Placement Test, or any diagnostic test that has been approved by the Department and to provide mathematics intervention services to such students. The bill would require such intervention services to be aligned with the developmental math curriculum offered by the Virginia Community College System and provides that local school divisions may partner with a local comprehensive community college to provide such intervention services. VSBA opposed the bill. The committee voted unanimously to carry the bill over for the year and refer the subject matter to the Future of Public Education Commission (15-0).

SB 785 (Surrovell) - This bill would prohibit local school boards from requiring the use of any electronic textbook in any course in grades six through 12 unless the school board adopts a plan to ensure that by July 1, 2020, (i) each student enrolled in such course will have access to a personal computing device capable of supporting such textbooks and (ii) the relevant school has adequate connectivity, which the bill defines as bandwidth of at least one megabit per second per enrolled student. VSBA expressed concerns over the unfunded mandate and scope of this bill in subcommittee. There was an amendment in nature of substitute which reduced the specified bandwidth speeds. The committee reported the bill unanimously (15-0). 

SB 840 (Favola) - This bill would require each local school board to adopt policies that (i) prohibit school board employees from publicly identifying or stigmatizing a student who cannot pay for a meal at school or who owes a meal debt, including requiring that such student wear a wristband or hand stamp; (ii) prohibit school board employees from requiring a student who cannot pay for a meal at school or who owes a school meal debt to do chores or other work to pay for such meals; and (iii) require school board employees to direct any communication relating to a school meal debt to the student's parent, which may be made by a letter addressed to the parent to be sent home with the student. The committee voted unanimously to report the bill (14-0).

SB 865 (Black) - This bill would require that the first reading diagnostic test administered to a student in kindergarten through grade three include a rapid alphabet naming component and that local school divisions report the results of reading diagnostic tests to parents, including subset scores. The committee voted unanimously to carry the bill over to the 2019 session (15-0).

SB 880 (Stuart) - This bill would require that the composite index of localability to pay for any county within which there is a school division composedof a town be calculated as if there were no such school division composed of at own within the county. The committee voted unanimously to refer the bill to Senate Finance (15-0).

SB 960 (Suetterlein) - This bill would permit each local school board to (i) establish High School to Work Partnerships (Partnerships) between public high schools and local businesses to create opportunities for high school students to (a) participate in an apprenticeship, internship, or job shadow program in a variety of trades and skilled labor positions or (b) tour local businesses and meet with owners and employees or (ii) delegate the authority to establish Partnerships to the local school division's career and technical education administrator or his designee, in collaboration with the guidance counselor office of each public high school in the school division. The bill  would require such local school boards to educate high school students about opportunities available through such Partnerships. The bill would also require the Board of Education, the Department of Labor and Industry, and the State Board for Community Colleges to identify Partnerships that may be eligible for exemptions from certain federal and state labor laws and regulations and establish procedures by which such exemptions may be obtained for such Partnerships. The committee voted unanimously to report the bill (15-0).

SB 961 (Mason) - This bill would align provisions regarding when a homeless child or youth is deemed to reside in a school division with Subtitle VII-B of the federal McKinney-Vento Homeless Assistance Act, as amended (42 U.S.C. § 11431 et seq.) and updates references to such act. The committee voted unanimously  to report the bill (15-0).

SB 969 (Newman) - This bill would require the Board of Education to provide for a verified credit in social studies in high school. The committee approved an amendment in nature of substitute and reported the bill (14-1).

Following the morning committee meeting, VSBA staff attended the afternoon meeting of Senate Education Subcommittee Public Education. Bills discussed of relevance to VSBA included:

SB 170 (Stanley) -This bill would prohibit students in preschool through grade three from being suspended or expelled except for drug offenses, firearm offenses, or certain criminal acts. VSBA had been in opposition to bill as originally written, but worked the patron to promote substitute language that modified the bill to be less onerous and give flexibility to school divisions to maintain classroom discipline and student/teacher safety. The amendment in nature of substitute adopted was adopted by the subcommittee. VSBA spoke in support of the amended bill. The subcommittee then recommended to report the bill unanimously (5-0).

SB 302 (Favola) - This bill would provide that a local school board applying for its school division to be designated as a School Division of Innovation may apply to the Board of Education (Board) to replace certain Standards of Learning assessments with performance-based assessments. The bill would require 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. Under the bill, any proposed performance-based assessment is required to be an adequate replacement of the relevant Standards of Learning assessment by requiring that students 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 that would be eligible for replacement are (i) Virginia Studies, (ii) Civics and Economics, (iii) elementary school science, and (iv) middle school science. The bill would require 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. VSBA supports this bill. The subcommittee voted unanimously (5-0) to roll SB 302 and SB 437 into each other due to their similarities. The subcommittee then voted to pass the bill by indefinitely (3-2).

SB 437 (Wexton) - This bill would provide that a local school board applying for its school division to be designated as a School Division of Innovation may apply to the Board of Education (Board) to replace certain Standards of Learning assessments with performance-based assessments. The bill would require 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. Under the bill, any proposed performance-based assessment is required to be an adequate replacement of the relevant Standards of Learning assessment by requiring that students 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 that would be eligible for replacement are (i) Virginia Studies, (ii) Civics and Economics, (iii) elementary school science, and (iv) middle school science. The bill would require 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. VSBA supports this bill. The subcommittee voted unanimously (5-0) to roll SB 302 and SB 437 into each other due to their similarities. The subcommittee then voted to pass the bill by indefinitely (3-2).

SB 491 (Sturtevant) - This bill would reduce 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, P.L. 89-10, as amended. The bill would require the Department of Education to calculate any potential or realized savings from the implementation of the bill and to report the amount of such savings to the Governor and the Chairmen of the House Committee on Appropriations and Senate Committee on Finance by November 1, 2019. Such amount shall be included in the total for Direct Aid to Public Education in any general appropriation act for fiscal years 2021 and 2022. VSBA spoke in support of the bill. The subcommittee voted to pass by indefinitely (3-2).

SB 664 (McPike) - This bill would require the Board of Education, in its graduation requirements, to permit a passing score on an industry certification approved by the local school board or any instruction received, coursework completed, or study toward achieving such passing score to count toward the requirement for a student to receive 140 clock hours of instruction for any course, regardless of subject matter relevance, provided that such achievement, instruction, coursework, or study occurs after the student has completed the course curriculum and relevant Standards of Learning assessment.The subcommittee recommended the bill to be reported unanimously (5-0).

SB 349 (Peake) - Teacher licensure; critical shortage areas. Requires the Board of Education to provide for the issuance of a provisional license, valid for a period not to exceed five years, to any person who does not meet the requirements for licensure imposed by law but who has the appropriate level of experience or training in a critical teacher subject matter shortage area or agrees to teach in a critical teacher geographic area as defined in the Board's regulations. The bill contains an emergency clause. An amendment in the nature of substitute (combining the teacher licensure bills) SB 548, SB 549, SB 551, SB 558, SB 863, SB 723, SB 257, SB 409 was adopted by the subcommittee. VSBA supports the omnibus bill. The subcommittee recommended to report unanimously (5-0).

SB 936 (Wagner) – This bill would direct the Board of Education to establish the Standards of Achievement Career and Technical Education Committee (Committee) to make recommendations to the General Assembly and the Board of Education to facilitate the development of career and technical education Standards of Achievement, including accreditation standards, assessment testing, and course content and curriculum for participating schools, with a focus on (i) rigorous standards and course content and curriculum that align workforce skills with industry-recognized standards; (ii) robust business and industry engagement and responsiveness to labor market needs; (iii) strategies to remove the stigma from career and technical education, including early exposure to career options and life skills; (iv) work-based learning and apprenticeships; (v) innovative high school models; and (vi) leveraging existing resources and programs in the Commonwealth. The Committee shall identify any necessary changes to statutory and regulatory provisions, including existing requirements regarding (a) instructional programs; (b) instructional, administrative, and, support personnel; (c) accreditation; (d) assessments; (e) graduation requirements; (f) teacher licensure; and (g) dual enrollment. The bill requires the Committee to report its findings and recommendation to the General Assembly and the Board of Education by November 1, 2018. The subcommittee recommended to carry the bill over to 2019 with a letter of reference to the Future of Public Education Commission (3-2).

SB 953 (Deeds) - This bill would require health instruction to incorporate standards that recognize the multiple dimensions of health by including mental health and the relationship of physical and mental health so as to enhance student understanding, attitudes, and behavior that promote health, well-being, and human dignity. The bill would also direct the Board of Education to review and update the health Standards of Learning for students in grades nine and 10 to include mental health. The subcommittee recommended to report bill 4-0 with one abstention.

Later that evening, VSBA staff attended a meeting of House Rules Subcommittee #1. Of interest to our association were the following bills:

HJ 88 (Bagby) - Study; Department of Education to study teacher licensing process; report. Requests the Department of Education to study the teacher licensure process and the assessment requirements therein for any inherent biases that may prevent minority teacher candidates from entering the profession. VSBA supports the bill. The bill failed to be recommended for reporting on a tie vote (3-3).

HJ 138 (Roem) - This bill would request each school board in the Commonwealth to provide resources or training to all full-time and part-time school board employees on the identification of students who are suicidal. The subcommittee failed to recommend the bill to be reported the bill (3-4).

The following day, VSBA staff attended the meeting of House Education Subcommittee #2. Bills discussed of relevance were:

HB 44 (Filler-Corn) - This bill 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, including instruction that increases student awareness of the fact that consent is required before sexual activity. Under current law, such elements are permitted but not required to be incorporated into such curricula. The subcommittee failed to recommend the bill for reporting on a tie vote (5-5).

HB 109 (Delaney) - This bill would require each local school board that does not offer a full-day kindergarten program for each kindergarten student in the school division to develop a plan to fund and phase in a full-day kindergarten program for each kindergarten student in the school division and submit the plan to the General Assembly in advance of the 2019 Regular Session of the General Assembly. The subcommittee voted to lay the bill on the table (6-4). 

HB 350 (Reid) - This bill would require each local school board that does not offer a universal full-day kindergarten (FDK) program for each kindergarten student in the school division to develop and implement a plan to fund and phase in a universal FDK program for each kindergarten student in the school division and submit the plan to the General Assembly in advance of the 2019 Regular Session of the General Assembly. The bill would require such plan to identify the number and percentage of students enrolled in FDK in the local school division (i) during the 2014-2015 school year and (ii) at the end of 2017, the specific steps for full implementation of the plan, impediments to full implementation of the plan, the areas in which support from the Commonwealth is necessary to achieve full implementation of the plan, and lessons learned from previous or ongoing efforts to provide a universal FDK program that can be shared with other local school boards that do not offer a universal FDK program. There was an amendment in a nature of a substitute. The Subcommittee recommend to report and refer the bill to House Appropriations unanimously (8-0).

HB 380 (Krizek) - This bill would establishe the Grow Your Own Teacher Program Fund and permits the Department of Education to award grants from such fund to local school boards to establish Grow Your Own Teacher Programs whereby the local school board provides scholarships not to exceed $7,500 per academic year for attendance at a baccalaureate institution of higher education in the Commonwealth to any individual who (i) graduated from a public high school in the local school division; (ii) was eligible for free or reduced price lunch throughout the individual's attendance at a public high school in the local school division; and (iii) commits to teach, within three years of graduating from the baccalaureate institution of higher education in the Commonwealth and for a period of at least four years, in the school division at a public high school at which at least 50 percent of students qualify for free or reduced price lunch. The bill provides that in the event that any program scholarship recipient fails or refuses to comply with such teaching obligation, the sum of all scholarship funds received by such individual shall be converted to a loan that is subject to repayment with interest. VSBA supports this bill. An amendment in the nature of a substitute was adopted. The subcommittee recommended to report and refer to House Appropriations unanimously (9-0). 

HB 632 (Bulova) - This bill would require the Board of Education (Board) to (i) establish content standards and curriculum guidelines for courses and programs of instruction in existing courses in career investigation in elementary school, middle school, and high school; (ii) develop, in consultation with representatives of career and technical education, trade, and contractor organizations, career investigation resource materials that are designed to ensure that students have the ability to further explore interest in career and technical education opportunities in middle and high school; and (iii) disseminate such career investigation resource materials to each school board. The bill would direct each school board to require each middle school student to take at least one course or program of instruction in an existing course in career investigation and permits each school board to require such courses or programs of instruction in career investigation at the elementary and high school level as it deems appropriate. The bill provides that each such course and program of instruction shall be equivalent in content and rigor to the Board's content standards and curriculum guidelines and shall provide the foundation for students to develop their academic and career plans. There was an amendment in the nature if a substitute. The subcommittee recommended the bill to be reported unanimously (10-0).

HB 694 (Poindexter) - This bill would require each school board to establish a policy to prohibit any teacher in the school division from assigning to any student a homework assignment that requires the use of an Internet connection that is capable of transmitting information at a rate that is not less than 256 kilobits per second in at least one direction when such student lacks meaningful access to such an Internet connection. VSBA opposes this bill. The subcommittee moved unanimously to lay the bill on the table (9-0).

HB 1119 (VanValkenburg) - This bill would require the Superintendent of Public Instruction to develop and make available annually to each public elementary and secondary school teacher in the Commonwealth a voluntary and anonymous school climate survey to evaluate school-level teaching conditions and the impact such conditions have on teacher retention and student achievement. The bill would require such survey to include questions regarding school leadership, teacher leadership, teacher autonomy, demands on teachers'

time, student conduct management, professional development, instructional practices and support, new teacher support, community engagement and support, and facilities and other resources. The subcommittee recommended to report and refer with amendments to House Appropriations unanimously (10-0).

HB 1223 (Rodman) - This bill would require the Board of Education to include in its Standards of Learning for family life education standards for age-appropriate instruction in the prevention, recognition, and awareness of child abduction, child abuse, child sexual exploitation, and child sexual abuse. The bill requires such standards to be taught in grades K through 12. The subcommittee failed to recommend and report the bill (4-6).

HB 1419 (Delaney) - This bill would require local school boards to provide (i) a minimum of 680 hours of instructional time to students in elementary except for students in half-day kindergarten and (ii) a minimum of 375 hours of instructional time to students in half-day kindergarten in the four academic disciplines of English, mathematics, science, and history and social science. The bill would authorize local school boards to include and requires the Board of Education to accept, elementary school, unstructured recreational time that is intended to develop teamwork, social skills, and overall physical fitness in any calculation of total instructional time or teaching hours. There was an amendment in the nature of a substitute. VSBA spoke in support of the bill. The subcommittee recommended the bill be reported unanimously (10-0).

HB 1434 (Keam) - This bill originally would have required each school board to make tampons and pads available at all times and at no cost to students in the bathrooms of each facility that it owns, leases, or otherwise controls that houses a public school at which any student in grades six through 12 is enrolled. A substitute was adopted in subcommittee that created a pilot program.  The subcommittee failed to recommend the substitute for reporting on a tie vote (4-4). The subcommittee agreed to send a letter of referral to the Board of Education.

HB 1485 (Filler-Corn) - This bill would make several changes to the procedures relating to interventions when a pupil fails to report to school for a total of five scheduled school days for the school year, no indication has been received by school personnel that the pupil's parent is aware of and supports the pupil's absence, and a reasonable effort to notify the parent has failed, including (i) removing the appointed attendance officer as a party to the plan to resolve such nonattendance, (ii) permitting but not requiring the attendance officer to participate in the conference necessitated by additional absences subsequent to the development of the plan, and (iii) permitting but not requiring the attendance officer to file a complaint with the juvenile and domestic relations court alleging the pupil is a child in need of supervision or to institute criminal proceedings against the parent pursuant to relevant law. Under current law, the attendance officer is required to participate in such conference and is also required to file such complaint and institute such proceedings in cases in which the pupil is absent for an additional school day without indication that the pupil's parent is aware of and supports the pupil's absence. There was an amendment in the nature of a substitute. The subcommittee recommended the substitute to be reported (8-2).


HB252 (Guzman) This bill was amended to require one school counselor per 250 students at the high school level, "when funds allow".  That last clause was inserted by the patron in an effort the reduce the fiscal impact of the bill but would have had the unintended consequence of making the entire staffing standard optional.  The subcommittee recommended that the bill be passed by indefinitely. (6-3)


HB253 (Guzman) A substitute for this bill was adopted.  The substitute would have set a maximum caseload of 5 students for any full-time special education aide who provides services to students who receive Level II services or who require an aide at least 85% of the time. The subcommittee recommended that the bill be passed by indefinitely. (6-3)


HB420 (Turpin) This bill would have required all school boards to administer the model exist questionnaire developed by the Superintendent of Public Instruction to all teachers who leave their employment.  The subcommittee recommended that the bill be passed by indefinitely. (6-4)


HB676 (Pogge) A substitute was adopted.  The substitute would, among other things, create a Deaf and Hard-of-Hearing Children's Advisory Subcommittee of the Disability Commission that would, among other things, recommend for adoption a resource guide for parents and assess the availability of services available in the Commonwealth to meet the needs of children who are deaf or hard of hearing.  The subcommittee recommended that the bill report (8-1).


HB1044 (Torian) This bill would require every school board to adopt a policy to prohibit abusive work environments, provide for the appropriate discipline of any employee who contributes to an abusive work environment, and prohibits retaliation or reprisal against any employee who reports an abusive work environment or assists in any investigation of such allegations.  The subcommittee recommended that the bill report (7-3).


HB1530 (Davis) A substitute was adopted.  The substitute requires that the Board of Education convene a workgroup to study and make recommendations relating to (1) strategies for eliminating any stigmas associated with high school CTE pathways and students' choice to pursue coursework or other opportunities in CTE and related fields such as computer science and robotics and (2) the consolidation of the standard and advanced diplomas into one diploma and the creation of multiple endorsements for such diploma to recognize student competencies and achievements in specific subject matter areas.  The subcommittee unanimously recommended that the substitute report (10-0).