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ACROSS SESSIONS
- Subject Index: Since 1995
- Bills & Resolutions: Since 1994
- Summaries: Since 1994
Developed and maintained by the Division of Legislative Automated Systems.
2013 SESSION
Chairman: Stephen H. Martin
Clerk: Patty Lung, Cheryl Law
Staff: Thomas Stevens, Ryan Brimmer
Date of Meeting: January 31, 2013
Time and Place: 8:00 a.m. - Senate Room B
Revised to remove SB1326
Patron: O'Bannon
Administration of medications; percutaneous endoscopic gastric tube. Provides that nothing shall prevent the administration of drugs to a person receiving services in a program licensed by the Department of Behavioral Health and Developmental Services via percutaneous endoscopic gastric tube, when such drugs are administered by a person who has completed an approved training program and has been approved, upon demonstration of competency in administration of drugs via percutaneous endoscopic gastric tube, by a registered nurse. Approval of an individual seeking to administer drugs via percutaneous endoscopic gastric tube shall be renewed every six months, upon demonstration of continuing competency.
Patron: Stanley
Nursing homes and assisted living facilities; notice of liability insurance coverage. Provides that regulations of the Board of Health and the Board of Social Services shall require nursing homes, certified nursing facilities, and assisted living facilities to maintain liability insurance coverage in a minimum amount of $1 million and professional liability coverage in an amount at least equal to the recovery limit set forth in § 8.01-581.15, to compensate patients or individuals for injuries and losses resulting from the negligent or criminal acts of the facility. The bill also provides that failure to maintain such minimum insurance shall result in revocation of the facility's license.
Patron: McEachin
Standards of Accreditation. Adds high school graduation rates, the rate of student academic progress in all student subgroups identified pursuant to the federal Elementary and Secondary Education Act of 1965, P.L. 89-10, as amended, and progress toward narrowing gaps in student proficiency on Standards of Learning assessments among all student subgroups to the list of special school division accomplishments that the Board of Education shall consider in its criteria for recognizing educational performance. The bill also prohibits the Board from identifying a school as fully accredited if any such student subgroup in the school fails to demonstrate proficiency on any Standards of Learning assessment. The bill finally alters the objectives of Standards of Learning Assessments. The bill contains technical amendments.
Patron: Garrett
Nonpublic school students; participation in interscholastic programs. Prohibits public schools from joining an organization governing interscholastic programs that does not deem eligible for participation a student who (i) is receiving home instruction or is attending a private school that does not offer the interscholastic program in which the student wishes to participate; (ii) has demonstrated evidence of progress for two years; (iii) is entitled to free tuition in a public school; (iv) has not reached the age of 19 by August 1 of the current school year; (v) is an amateur who receives no compensation, but participates solely for the educational, physical, mental, and social benefits of the activity; (vi) complies with all disciplinary rules applicable to all public high school athletes; and (vii) complies with all other rules governing awards, all-star games, parental consents, and physical examinations applicable to all high school athletes. The bill allows such students to be charged reasonable fees for participation. The provisions of this Bill will expire on June 30, 2018.
Patron: Garrett
Students receiving home instruction; participation in interscholastic programs. Prohibits public schools from joining an organization governing interscholastic programs that does not deem eligible for participation a student who (i) is receiving home instruction; (ii) has demonstrated evidence of progress for two consecutive academic years; (iii) is in compliance with immunization requirements; (iv) is entitled to free tuition in a public school; (v) has not reached the age of 19 by August 1 of the current academic year; (vi) is an amateur who receives no compensation but participates solely for the educational, physical, mental, and social benefits of the activity; (vii) complies with all disciplinary rules and is subject to all codes of conduct applicable to all public high school athletes; and (viii) complies with all other rules governing awards, all-star games, maximum consecutive semesters of high school enrollment, parental consents, physical examinations, and transfers applicable to all high school athletes. The bill allows such students to be charged reasonable fees for participation.
Patron: Blevins
Surgical technologists and surgical assistants. Requires certification for surgical technologists and licensure for surgical assistants, and provides requirements for such certification and licensure. The bill creates the Advisory Board of Surgical Technology and Surgical Assisting to assist the Board of Medicine in the regulation of surgical technologists and surgical assistants.
Patron: Stanley
Nursing homes; notice of liability insurance coverage. Requires nursing homes, certified nursing facilities, and assisted living facilities to inform patients and residents about liability insurance available to pay claims of the patient or resident and to report such information to the Commissioner of Health or the Commissioner of Social Services, as applicable.
Patron: Obenshain
Charter schools; personnel. Allows public charter schools to designate in its application whether their employees will participate in the Virginia Retirement System. The bill directs the Board of Trustees of the Virginia Retirement System to develop procedures allowing school boards who approve such applications to exempt the charter school employees from participation. The bill also (i) requires at least 75 percent of public charter elementary school teachers to be licensed and at least 50 percent of public charter middle and high school teachers to be licensed, and (ii) specifies that all teachers otherwise be "highly qualified," as defined by the federal Elementary and Secondary Education Act.
Patron: Obenshain
Public schools; teacher contract and evaluation policies. Makes several changes to the processes by which teachers and certain administrators are evaluated and retained. Teachers, assistant principals, principals, and supervisors who have not achieved continuing contract status prior to the 2014-2015 school year may be eligible for three-year term contracts. Under the bill, five years of service is required to attain term contract status. Teachers, assistant principals, and principals with term contract status will be evaluated in the third year of their term contract and will be informally evaluated at least once during each of their first two years. Teachers, assistant principals, and principals who have achieved continuing contract status prior to the 2014-2015 school year will retain their continuing contract status. Teachers, assistant principals, and principals with continuing contract status will be formally evaluated every three years, and evaluated informally at least once each year in which they are not formally evaluated. The bill also defines the standard 10-month contract as 200 days, of which a minimum must be 180 days of instructional time. The bill has a delayed effective date of July 1, 2014.
Patron: Reeves
Certificate of public need; amendment of charity care provisions upon expansion of the state program of medical assistance. Provides that the Commission of Health may accept and approve requests for amendments to charity care provisions of existing certificates of public need to reduce the level of charity care required and establish levels of care for persons receiving medical assistance services under the state plan, upon expansion of the Commonwealth's program for medical assistance services in accordance with the provisions of the Patient Protection and Affordable Care Act, and provides that for the purpose of complying with charity care provisions, "persons requiring specialized care" includes veterans with service-connected disabilities.
Patron: Favola
Student and school employee conduct; bullying. Defines the term "bullying" and requires school boards to prohibit students and school employees from engaging in any act of bullying. The bill also requires local school boards to implement policies and procedures for reporting, investigating, and addressing acts of bullying by July 1, 2014. The bill contains technical amendments.
Patron: Stuart
Public schools; cardiopulmonary resuscitation and automated external defibrillators. Allows school boards to require current certification or training in emergency first aid, cardiopulmonary resuscitation (CPR), and the use of automated external defibrillators (AEDs) for bus drivers; requires all administrative staff, physical education instructors, and coaches to have such training; and requires such training for those seeking initial teacher licensure, renewal of a license to teach, or a provisional teaching license with a waiver for teachers with disabilities. For students, beginning with first-time ninth grade students in the 2014-2015 school year, the bill adds a requirement that recipients of the standard and advanced diplomas must receive training in emergency first aid, CPR, and the use of AEDs with a waiver for students with disabilities. The bill also requires an AED in every school by the 2014-2015 school year.
Patron: Marsh
Virginia Public School Improvement Program. Creates the Virginia Public School Improvement Program to offer maximum educational options and flexibility for parents, teachers, and students. The bill authorizes local school boards to designate or approve any public school within its school division to participate in the Program if (i) it has not applied for, converted to, or received permission from the local school board to operate as a public charter school, or (ii) a majority of parents and teachers of students at the school have petitioned the school board to participate in the Program, or (iii) the school board has determined that, notwithstanding having satisfied the requirements of the Standards of Learning and Standards of Accreditation, less than 81 percent of the students enrolled in a public school within the school division have failed to demonstrate proficiency in reading and less than 79 percent of the students enrolled have failed to demonstrate proficiency in mathematics for three consecutive school years. Local school boards would continue to receive state basic school aid funding for such schools; participating schools would be exempt from certain school division policies and state regulations, but would have to meet SOQ, SOL, SOA, and certain federal requirements; participation can be rescinded by petition of a majority of parents and teachers, violation of the contract with the local school board, or failure of students to achieve satisfactory academic progress each year for two consecutive school years. The Board of Education must establish guidelines to assist school boards in implementing the Program in the school division and provide technical assistance to school boards upon request.
Patron: Marsh
Temporarily employed teachers. Provides that no school board shall hire temporarily employed or unlicensed teachers to fill vacancies at the elementary grade levels or in the core subjects of English, mathematics, science, and history and social studies at the middle and high school grade levels in a manner that results in the staffing of elementary grade levels or core subject areas with a majority of temporarily employed or unlicensed teachers or shall employ such teachers for consecutive or alternating teaching assignments for more than 90 teaching days in the same class during a school year.
Patron: McWaters
Licensed clinical social workers; educational requirements. Establishes educational requirements for licensure as a clinical social worker.
Patron: Carrico
Public schools; Virginia Longitudinal Data System established. Requires the Board of Education to establish the Virginia Longitudinal Data System to track and examine student progress from early childhood to postsecondary education to the student entering the workforce. The bill also establishes the Virginia Longitudinal Data System Advisory Council to advise the Board of Education on all matters related to the Virginia Longitudinal Data System.
Patron: Obenshain
Higher education; student organizations. Authorizes religious or political student organizations or groups to determine that the core functions of ordering the organization's internal affairs, selecting the organization's leaders and members, defining the organization's doctrines, and resolving the organization's disputes are in furtherance of the organization's religious or political mission and that only persons committed to that mission should conduct those activities. The bill also prohibits public institutions of higher education that have granted recognition of and access to any student organization or group from discriminating against any such student organization or group that limits its core functions to persons committed to its mission.
Patron: Deeds
University of Virginia Board of Visitors; composition and quorum. Requires at least one member of the University of Virginia Board of Visitors to have administrative experience at an institution of higher education or have experience as a professor in the study of higher education. The bill also requires the board of visitors to appoint a faculty representative to serve in a nonvoting advisory capacity. The bill changes the number of board members that constitutes a quorum from five members to a majority of members. Finally, the bill removes the requirement that the vice-rector automatically succeeds the rector upon expiration of the rector's term.
Patron: McWaters
Medicaid; coordinated long-term care. Directs the Director of the Department of Medical Assistance Services to develop and implement a statewide, fully integrated managed care long-term care program that is risk-based and integrates Medicaid-reimbursed primary, acute, behavioral health, and long-term care services. The long-term care program shall expand access to and utilization of cost-effective home and community-based alternatives to institutional care for Medicaid-eligible individuals. The program shall include an institutional transition initiative. Managed-care entities shall develop a need-based methodology for reimbursement of nursing facility services.
Patron: McEachin
In-state tuition; undocumented persons. Establishes that an undocumented person who is unlawfully present in the United States shall not be eligible for in-state tuition unless he meets all of the following criteria: (i) he has resided with his parent, guardian, or other person standing in loco parentis while attending a public or private high school in this state; (ii) he has graduated from a public or private high school in the Commonwealth or has received a General Education Development (GED) certificate in the Commonwelath; (iii) he has registered as an entering student in a public institution of higher education in the Commonwealth; (iv) he has resided in the Commonwealth for at least three years immediately preceding his registration as an entering student in an institution of higher education in the Commonwealth or for at least one year if he is a veteran or an active duty member of the United States armed forces; (v) he has provided an affidavit to the institution stating that he has been approved for Deferred Action for Childhood Arrivals by the U.S. Department of Homeland Security; and (vi) he has submitted evidence that he or, in the case of a dependent student, at least one parent, guardian, or person standing in loco parentis has filed, unless exempted by state law, Virginia income tax returns for at least three years prior to the date of enrollment.
Patron: Hanger
Deaf and hearing-impaired children; special education. Requires local school divisions to ensure that individualized education program (IEP) teams consider the specific communication needs of hearing-impaired children and address those needs as appropriate in the child's IEP.
Patron: Smith
School calendar. Makes local school boards responsible for setting the school calendar and determining the opening of the school year and eliminates the post-Labor Day opening requirement and "good cause" scenarios for which the Board of Education may grant waivers of this requirement.
Patron: Barker
Public schools; kindergarten instructional time. Directs the Board of Education to promulgate regulations, by July 1, 2015, establishing standards for accreditation that include a requirement that the standard school day for students in kindergarten must average at least 5.5 instructional hours in order to qualify for full accreditation. The bill has a delayed effective date of July 1, 2015.
Patron: Barker
Student growth indicators; pilot program. Requires the Department of Education to establish a pilot program that explores the use and effectiveness of employing student growth indicators for school accountability and teacher evaluation. The bill requires the Department to give semiannual reports on the program to the Governor and the General Assembly. The program will expire on July 1, 2018.
Patron: Martin
Participation in interscholastic programs; students residing on a military or naval reservation. Requires any student who resides on a military or naval reservation with military-owned housing located wholly or partly within the geographical boundaries of multiple school divisions to be deemed eligible for interscholastic programs immediately upon enrollment in a public elementary or secondary school in any of the aforementioned school divisions.
Patron: Stanley
Public schools; individual school performance grading system. Requires the Board of Education to develop, by August 1, 2013, a grading system in addition to the standards of accreditation for individual school performance. The grading system will be based on an A to F grading scale and will include the school%92s accreditation rating. The Board will make the system and the assigned grades available to the public.
Patron: Norment
Board of the Virginia College Savings Plan; elected positions. Eliminates the position of secretary from the Board of the Virginia College Savings Plan. The bill also changes the timeframe for the election of Board positions from each calendar year to annually. The bill contains technical amendments.
Patron: Norment
Public schools; evaluation policies and grievance procedures. Makes several changes to the processes by which teachers and certain administrators are evaluated and to the grievance procedure process. The bill requires teachers, assistant principals, and principals to be evaluated every year, either formally or informally, and such evaluations will include student academic progress as a significant component and an overall summative rating. The bill increases from three years to five years the term of probationary service required for a teacher before becoming eligible for a continuing contract. The bill requires local school boards to provide a new principal with a mentor.
The bill also changes the grievance procedure for teachers. It gives local school boards the option to assign a grievance hearing to be heard by a hearing officer designated by the local school board. The option for a grievance to be heard in front of a fact-finding panel would no longer be available.
Patron: Ebbin
In-state tuition; Deferred Action for Childhood Arrivals. Establishes that a student shall be eligible for in-state tuition if (i) he has provided an affidavit to the public institution of higher education for which he has registered stating that he has been approved for Deferred Action for Childhood Arrivals by the U.S. Department of Homeland Security, (ii) he has graduated from a public or private high school in the Commonwealth or has received a General Education Development (GED) certificate in the Commonwealth, (iii) he has resided in the Commonwealth for at least three years immediately preceding his registration as an entering student in a public institution of higher education in the Commonwealth, and (iv) he has submitted evidence that he or, in the case of a dependent student, at least one parent, guardian, or person standing in loco parentis, has filed, unless exempted by state law, Virginia income tax returns for at least three years prior to the date of enrollment.
Patron: Puckett
Designation and reporting of drugs of concern. Authorizes the Board of Pharmacy to identify "drugs of concern" and requires prescribers to report prescription drugs of concern to the Prescription Monitoring Program.
Patron: Northam
Policies on concussions in student athletes. Requires each non-interscholastic youth sports program utilizing public school property or some other public playground, athletic field, or facility to establish policies and procedures regarding the identification and handling of suspected concussions in student-athletes. The bill adds definitions for "student-athlete" and "non-interscholastic youth sports program."
Patron: Newman
Dispensing of interchangeable biosimilar biological products. Permits pharmacists to dispense a biosimilar that has been licensed by the U.S. Food and Drug Administration as interchangeable with a prescribed biological product unless the prescriber indicates such substitution is not authorized or the patient insists on the dispensing of the prescribed biological product. The bill requires any pharmacist who dispenses an interchangeable biosimilar to inform the patient prior to dispensing the biosimilar and record the brand name or the product name and name of the manufacturer of the biosimilar on the record of dispensing and the prescription label.
Patron: Carrico
Criminal history checks of emergency medical services providers. Requires the State Board of Health to require persons who apply on or after July 1, 2013, to be a volunteer with or an employee of an emergency medical services agency to have an FBI based criminal background check.
Patron: Barker
Public schools; virtual education. Provides that any student who enrolls full time in a virtual school program served by a multidivision online provider outside his school division of residence shall have his state share of Standards of Quality per pupil funding, as well as 76 percent of his local share, transferred from the school division of residence to the enrolling school division. The total state and local share funds transferred from the resident division to the enrolling division shall not exceed the actual cost of the virtual school program.
Patrons: McDougle, Alexander
Opportunity Educational Institution and Board established. Creates the Opportunity Educational Institution to be administered and supervised by the Opportunity Educational Institution Board and requires any school that has been denied accreditation for the previous two school years to be transferred to the Institution and remain in the Institution for five years or until the school achieves full accreditation. The bill also sets forth requirements for student attendance, staffing, and funding for the Institution.
Patron: Wagner
Expansion of Medicaid. Expands the class of Medicaid recipients in Virginia to include those meeting the criteria in the federal Patient Protection and Affordable Care Act. Such expansion would expire if federal financial participation for the expanded population is reduced below 90%. The bill also authorizes the Department of Medical Assistance Services to seek federal authorization to reform the Medicaid service delivery model in Virginia.
Patron: Petersen
Teacher licensure; renewal requirements. Requires the Board of Education to amend its regulations to require any individual licensed and endorsed to teach (i) middle school civics or economics, or (ii) high school government or history who is seeking renewal of such license to demonstrate knowledge of Virginia history or state and local government by completing a module or professional development course specifically related to Virginia history or state and local government that has a value of five professional development points.
Patron: Miller
Standards of Quality; waivers from third grade Standards of Learning assessments. Requires the Board of Education to grant a two-year waiver from the science or the history and social science Standards of Learning assessment requirement for third grade students in certain schools and requires elementary schools that have been granted a two-year waiver to use the additional instruction time for study in reading and mathematics.