Senate Releases Revisions to Biennial Budget

This past Sunday, the Senate Finance and Appropriations Committee released their revisions to the biennial budget. In each midpoint of the biennial, the executive and legislative branches propose changes and revisions that reflect revenue collections and economic forecasting models. 

The items below reflect key K12 revisions to the 2024-2026 budget. This is only a selection of the revisions made. To view the entire list of budget revisions, click here. 

Item 117#1s- This amendment provides language to delay the implementation of the revised public school accountability system to the 2026-2027 school year and establishes an advisory committee to review the proposed system.

Item 119#1s- This amendment redirects $60.5 million GF the first year and $5.0 million GF the second year that was proposed for a new state assessment contract in the introduced budget. Language authorizes the extension of the current assessment contract through December 31, 2027 to provide time to procure a new contract, as well as to establish a process for the request for proposals (RFP), including contracting with a vendor to ensure the quality of the RFP.

Item 125 #1s- This amendment redirects $50.0 million GF the second year included in the introduced budget for Virginia Opportunity Scholarships to support other K-12 education initiatives.

Item 125 #3s- This amendment provides $222.9 million GF the second year to raise the support cap to the prevailing ratio of 27.89 positions per 1,000 students in FY 2026 based on the recommendation of the Joint Subcommittee on Elementary and Secondary Education Funding.

Item 125 #4s- This amendment provides $52.8 million GF the second year for additional support to special education students based on the recommendation of the Joint Subcommittee on Elementary and Secondary Education Funding.

Item 125 #5s- This amendment provides $134.4 million GF the first year to fund the cost of up to a $1,000 bonus per funded SOQ instructional and support position. There is no required local match.

4-14 #3s- This amendment 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.

Senate Education and Health- 2/6/2025

The Senate Education and Health Committee met on Thursday, February 6, 2025. The following pieces of K-12 legislation were acted upon by the committee. To review the entire docket of the committee, click here.

HB1678 (Cohen)- Requires each local school board to develop and implement a policy to require the annual notification of the parent of each student enrolled in the local school division, to be sent by email and, if applicable, SMS text message within 30 calendar days succeeding the first day of each school year, of (i) the importance of securely storing any prescription drug, as defined in relevant law, present in the household and (ii) the parent's legal responsibility to safely store any firearm present in the household. The bill requires each school board to make such parental notification available in multiple languages on its website. The bill reported on a vote 9-5.

HB1806 (Cohen)- Requires each individualized education program (IEP) implemented for a public school student with a disability, with the exception of such students who have been placed in private day or residential school settings, to contain a section addressing individualized accommodations and supports for the student during emergency evacuations and situations as appropriate and identified by the IEP team at its next convened meeting at which the parent is present and consents to implementation of the IEP. The bill reported with a substitute by a vote of 14-0.

HB1947 (Seibold)- Requires the Department of Education (the Department) to survey each local education agency (LEA) in the Commonwealth to determine (i) how public schools governed by such LEA currently grant access to local departments of social services and community services boards and other community-based providers of mental and behavioral health services and (ii) what school-based mental and behavioral health services are made available by such LEA. The bill requires the Department to utilize the results of and feedback from the survey to inform the continued development and improvement of guidelines for school professionals to support students and families by connecting them with community resources that provide mental and behavioral health services. The bill requires the Department to report to the Commission on Youth by November 1, 2025, any findings and recommendations that result from the survey. The bill reported on a vote of 14-0.

HB1983 (Askew) Requires (i) each school board to, beginning with the 2025-2026 school year, annually collect and submit to the Department of Education a report on data on the average salaries of support services personnel, as that term is defined in the bill, employed by the school board and (ii) the Department to, beginning with the fiscal year ending June 30, 2026, annually compile, include in the Annual School Report, and publicly post such data on the Department's website. The bill requires each school board and the Department to disaggregate the data by career categories of support services personnel and specialized student support personnel as set forth in applicable law. The bill reported by a vote of 14-0.

HB2018 (Anthony) Requires the Board of Education to issue a provisional license to any person seeking an initial license in the Commonwealth with an endorsement in the area of career and technical education who has a high school diploma or a high school equivalency certificate and an industry-recognized credential, certification, or license in the area in which such person seeks an endorsement but has not completed all requirements specified in the Board's regulations for licensure to allow time for such person to complete, in lieu of the outstanding requirements specified in the Board's regulations for licensure, coursework in three areas specified in the bill. The bill directs the Board to amend its regulations as necessary in accordance with the provisions of the bill.

HB2104 (Bennett-Parker)- Permits a prescriber to authorize an employee of (i) a school board, (ii) a school for students with disabilities, (iii) an accredited private school, (iv) a local governing body, or (v) a local health department who is trained in the administration of seizure rescue medications for the treatment of seizures to administer such medications, pursuant to a written order or standing protocol issued within the course of the prescriber's professional practice and with the consent of the student's parents, to a student diagnosed with a condition causing seizures when the student is believed to be experiencing or about to experience a seizure. The bill provides that any such authorized employee who administers or assists in the administration of such medications to such a student in accordance with the prescriber's instructions shall not be liable for any civil damages for ordinary negligence in acts or omissions resulting from the rendering of such treatment. The bill also permits any local school board to adopt and implement policies (a) permitting any student enrolled in any secondary school in the local school division who has a diagnosis of a condition causing seizures to possess seizure rescue medications during the school day, at school-sponsored activities, or while on a school bus or other school property if the student's parent has submitted a seizure management and action plan that includes written consent of the parent and written approval of the student's primary care provider for such self-possession or (b) for the administration of seizure rescue medications to any student enrolled in any elementary or secondary school in the local school division who has a diagnosis of a condition causing seizures, consistent with the provisions of the bill relating to prescriber authorization. The bill reported with amendment on a vote of 14-0.

HB2454 (Rasoul) Directs the Board of Education to revise its Three "E" Readiness Framework: Employment, Enlistment, and Enrollment, adopted pursuant to the public school accountability system to measure high school student postsecondary readiness, to include as an indicator of postsecondary readiness and incentivize participation in and completion of work-based learning experiences. The bill reported by a vote of 14-0.

HB2543 (Laufer) Provides that the model memorandum of understanding developed by the Department of Education for partnerships with community mental health services providers or school-based telehealth providers shall include procedures allowing for students to receive counseling from school counselors by way of telehealth. This bill is a recommendation of the Joint Subcommittee to Study Pandemic Response and Preparedness in the Commonwealth. The bill reported on a vote of 14-0.

House Releases Revisions to Biennial Budget

This past Sunday, the Committee on Appropriations of the Virginia House of Delegates released their revisions to the biennial budget. In each midpoint of the biennial, the executive and legislative branches propose changes and revisions that reflect revenue collections and economic forecasting models. 

The items below reflect key K12 revisions to the 2024-2026 budget. This is only a selection of the revisions made. To view the entire list of budget revisions, click here. To view the presentations from Appropriations Committee staff, click here and see materials from the February 2, 2025 meeting of the committee.

Item 118 #1h- This amendment provides $5.0 million the first year from the general fund to support system enhancements to the Virginia Individualized Education Plan (IEP) System. These enhancements include modules to support student progress tracking, document translation, family engagement, IEP and 504 processes, and a dashboard to support performance monitoring.

Item 119 #1h- This amendment saves $58.1 million in fiscal year 2025 and $4.3 million in fiscal year 2026 by deferring the implementation of the next statewide assessment contract until the 2027-2028 school year. In lieu of proceeding with an RFP for an assessment contract, this amendment provides $700,000 in one-time funds in fiscal year 2026 for a vendor with national expertise in statewide assessment systems to advise how best to proceed with a procurement in the next biennium. In addition, this amendment provides $2.7 million in fiscal year 2025 to support extension costs for the current assessment contract. Extension costs for fiscal year 2026 are addressed through additional federal funds included in the introduced budget.

Item 120 #1h- This amendment redirects $50.0 million from the general fund in fiscal year 2025 proposed in the introduced budget to establish a Board of Education-directed fund. These redirected funds enable the elimination of the support cap.

Item 120 #2h- This amendment removes $250,000 the first year and $1.0 million the second year from the general fund and six proposed positions to provide regional support positions. Chapter 2, 2022 Special Session I, provided an additional 18 positions for the Office of School Quality to support school improvement activities. This amendment ensures that those additional positions are used for their intended purpose and for the regional support positions as proposed in the introduced bill.

Item 123 #1h- This amendment saves $1.9 million the first year and $3.1 million the second year from the general fund by redirecting proposed general fund support for Virginia's Visualization and Analytics Solution, or VVAAS. These funds are repurposed for other public education purposes. VVAAS was implemented by the administration using pandemic relief funds.

Item 125 #1h- This amendment redirects $50.0 million from the general fund in fiscal year 2026 by removing the proposed Virginia Opportunity Scholarship Program. These redirected funds allow the support cap to be eliminated.

Item 125 #4h- This amendment provides $222.9 million the second year from the general fund to eliminate the cap on funded support positions, reverting to the methodology used prior to 2009 to fund support positions. This is a recommendation of the Joint Subcommittee on Elementary and Secondary Education Funding.

Item 125 #5h- This amendment provides $52.8 million in fiscal year 2026 for an add on to basic aid of 4.75 percent for special education students receiving Level I services and 5.25 percent for special education students receiving Level II services. Level I services are less intense than Level II services. This is a recommendation of the Joint Subcommittee on Elementary and Secondary Education Funding.

Item 125 #8h- This amendment provides $140.5 million the first year from the general fund to provide a $1,000 bonus on September 1, 2025 for state supported instructional and support positions.

Item 125#9h- This amendment (i) increases the amount available for school construction assistance grants by $10.0 million the second year, recognizing additional available fiscal year 2025 casino gaming revenues; and (ii) eliminates the proposed transfer of $150.0 million from the Literary Fund to the School Construction Fund for construction assistance grants in the first year, ensuring sufficient Fund balances will be available for school construction loans or other allowable uses in the upcoming biennium. These actions provide $310.0 million for School Construction Assistance Grants over the biennium, an increase of $150.0 million from the adopted budget.

VDoE Announces Executive Order 33 Listening Session Dates

VSBA is providing the following information released by the Virginia Department of Education (VDoE) regarding dates and locations for the public to offer feedback to Executive Order 33. This order directs the VDoE to provide guidance to school boards on cell-phone free education policies and procedures. The following dates, locations, and times will allow for public input and feedback on the executive order: 

Manassas - July 18, 2 - 3:30 p.m.

Osbourn High School 

Virginia Beach - July 22, 4:30 - 6 p.m. 

Tallwood High School 

Fredericksburg - July 30, 9 - 10:30 a.m. 

James Monroe High School 

Waynesboro - July 31, 10 - 11:30 a.m. 

Kate Collins Middle School 

Roanoke - July 31, 4 - 5:30 p.m. 

Northside High School 

Abingdon - August 1, 3 - 4:30 p.m. 

Southwest Virginia Higher Education Center

Keysville - August 2, 1:30 - 3 p.m.  

Southside Virginia Community College Keysville Campus 

Workforce Development Center 

Midlothian - August 6, 4-5:30 p.m. 

Chesterfield County Public Schools  Career and Technical Center   

School Board members wishing to register to join the conversation at these events, learn more about Executive Order 33, or share feedback about cell phone-free education, should visit the Cell Phone-Free Education in Virginia webpage www.doe.virginia.gov/cell-phone-free-education

Governor Glenn Youngkin Announces May General Fund Revenues Numbers

RICHMOND, VA - Governor Glenn Youngkin announced Monday that general fund revenues for May 2024 increased 14.2 percent versus the same period last year and remain slightly ahead of the revenue forecast that was revised upward as part of the budget approved on May 13, 2024, reinforcing the Common Ground budget forecasts.    With one month remaining in FY24, year-to-date collections are up 5.9 percent and remain ahead of the revised forecast, driven primarily by higher than projected net individual income tax collections.   The full May 2024 revenue report is available here.

Additional Budget Analysis from VSBA

General Assembly, Governor Youngkin Reach Budget Compromise

The Virginia General Assembly met in Special Session on Monday, May 13, 2024, for the purpose of adopting the 2024 -2026 Biennium Budget. After weeks of negotiations between Senate and House budget writers and Governor Glenn Youngkin, lawmakers maintained the two-year funding levels that were included in the Conference Report adopted by the General Assembly in March. According to a presentation from the House Appropriations Committee staff, lawmakers were able to maintain funding levels found in the Conference Report because revenue collections for fiscal 2024 “are running well ahead of forecast”.

The plan adopted with overwhelming support in each legislative chamber was signed into law by Governor Youngkin on Monday afternoon and will become the Commonwealth’s two-year spending plan from July 1, 2024, through June 30, 2026. Lawmakers will address revisions to the budget when they convene for the short session of the General Assembly next January in Richmond.

To review the entire 2024 – 2026 Biennial Budget, please click here.  

Specific items of interest in the 2024 – 2026 budget pertaining to K12 education are:

Supplemental General Fund Payment in Lieu of Sales Tax on Food and Personal Hygiene Products (Grocery Tax): Appropriates $272,500,000 in Fiscal Year (FY) 2025 and $273,600,000 in FY 2026 holding school divisions harmless for the state’s portion of the Grocery Tax which was repealed in 2022. This appropriation is an increase of $14.1 million dollars over the previous biennium providing for adjustments to generated revenue estimates.

Three Percent of State Share for SOQ Supported Positions in Each Year of the Biennium: Provides $178,149,562 in FY 2025 and $361,023,394 in FY 2026 from the general fund is provided for the state share SOQ Supported Positions. The state share of funding provided to a school division in support of this compensation supplement shall be prorated for school divisions that provide less than an average 3.0 percent salary increase the FY 2025; however, to access these funds, a school division must provide at least an average 1.5 percent salary increase FY 2025. Additional flexibilities are provided in FY 2026 for divisions to access these funds. Please click here for specific details on accessing state funds in each year of the biennium.

At-Risk Add On:

Provides $616,036,160 in FY 2025 and $648,037,570 in FY 2026 from the general fund and $225,180,150 in FY 2025 and $192,396,464 in FY 2026 from the Lottery Proceeds Fund to distribute the state share of funds for the At-Risk Program. This is an increase of over $300,000,000 to the program. Click here for more specific information on the At-Risk Add On appropriation.

English Learner Teacher Payments

A payment of $165,982,653 in FY 2025 and $170,304,480 in FY 2026 from the general fund shall be disbursed by the Department of Education to local school divisions to support the state's share of professional instructional positions for English Learner teachers.  This is an increase of over $72 million from the previous biennium for English Learners.

To provide flexibility in implementing this new staffing standard in FY 2025, the number of English Learner teachers required for each school division for the first year shall be equal to the number of such teachers that were required during the 2023-2024 school year. Please review the staffing standard and other specifics from this appropriation by clicking here.

 

Virginia General Assembly Adopts Budget

The Virginia General Assembly adopted a two-year spending plan today during a one day Special Session. Lawmakers in both chambers pledged to continue to look at ways to expand the tax base and provide additional funding for public education.

Highlights of the 2024-2026 biennial budget are:

• Retains all spending items from the Conference Report adopted by the General Assembly this past March. However, in a compromise with Governor Glenn Youngkin, lawmakers scrapped plans to expand the digital sales tax. This additional revenue ($169 million) would have provided increased funding for K-12 education.
• The Conference Report included $1.4 billion cash and $386 million debt for Capital Outlay projects.
• Conference Report committed $400 million from the Literary Fund - $150 million for teacher retirement in FY 2025 and $250 million for loans split over the biennium.
• HB 6001 moves the $150 million of Literary Funds from FY 2025 to FY 2026 but makes no changes to the overall amounts.
• HB 6001 (HB 30) and HB 6002 (HB 29) assume that the FY 2024 forecast is increased by $525 million 
• This will increase the assumed carryforward into FY 2025.
• Any base adjustments can be picked up as part of the standard fall revenue forecasting process.
• Recognizes an additional $525 million in FY 2024 withholding revenues (no base adjustment).
• Holds School Divisions Harmless for state repeal of the grocery tax.
• Three percent state funding for SOQ position salary increase in each year of the biennium.
• Year-to-date revenue was $1.12 billion ahead of forecast. Of this total, $536 million comes from withholding tax revenues. 
• Year-end revenue collections may well exceed the current forecast by more than $1.2 billion.

To view the entire budget bill, click here.