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2024 SESSION

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Senate Committee on Education and Health
Subcommittee Public Education

VanValkenburg (Chair), Locke, Peake, Pekarsky, Craig

Clerk: Hobie Lehman, Madison Odallo
Staff: Julia Carlton
Date of Meeting: January 11, 2024
Time and Place: 1/2 hour after Senate Adjourns / Senate Room C, 3rd Floor GAB
Updated to Remove SB 199

S.B. 13

Patron: Favola

Board of Education; child day programs; licensure and use of office buildings. Directs the Board of Education to amend its regulations to permit any child day program to operate in an office building, defined as any building containing more than two rental units that are rented primarily for retail, commercial, or professional use, provided such office building satisfies the legal and regulatory requirements for licensure as a child day program.

A BILL to direct the Board of Education to amend its regulations to permit any child day program to operate in an office building.

24100479D

S.B. 27

Patron: Stanley

Public School Trades Incentive Fund and Program; established. Establishes the Public School Trades Incentive Fund (the Fund) and the Public School Trades Incentive Program (the Program) for the purpose of providing grants on a competitive basis from the Fund to any school board that seeks to (i) restore high school programs that teach students skilled trades that lead to earning industry-recognized certifications or credentials or (ii) create or restore middle school programs that encourage and recruit students to participate in high school programs that teach students skilled trades that lead to earning industry-recognized certifications or credentials. The bill requires the Department of Education to administer the Program and to establish such rules and procedures relating to applications and awards as it deems appropriate, provided that the Department considers and gives appropriate weight to certain criteria for grantees. The bill permits any grantee to use Program funds for equipment, curriculum development, or instructor training. The bill requires each grantee to longitudinally track students who complete any program for which the school board received funds in order to determine the effectiveness of the (a) new or restored middle school programs in recruiting students to participate in restored high school programs and (b) restored high school programs in matching students with high-paying jobs in the fields in which they are certified or credentialed.

A BILL to amend the Code of Virginia by adding in Article 4 of Chapter 13 of Title 22.1 a section numbered 22.1-227.2, relating to Public School Trades Incentive Fund and Program; established.

24101813D

S.B. 28

Patron: Stanley

School boards; powers and duties; policies regarding cell phones and other handheld communication devices. Permits each school board to develop and implement a policy to prohibit the possession or use of cell phones and other handheld communication devices during regular school hours.

A BILL to amend the Code of Virginia by adding a section numbered 22.1-79.5:1, relating to school boards; powers and duties; policies regarding cell phones and other handheld communication devices.

24101810D

S.B. 54

Patron: Locke

Early childhood care and education system; publicly funded providers; funding formula; educator incentive; nonreverting fund to capture unspent Virginia Preschool Initiative balances. Requires the Department of Education to (i) establish and maintain a funding formula for publicly funded early childhood care and education providers that establishes the minimum funding and number of slots per biennium for such providers based on a cost of quality rate per child, actual data from the prior year, unserved waitlists, and a growth rate differential based on growth in prior biennia; (ii) administer an early childhood educator incentive program to be known as RecognizeB5 whereby a monetary incentive is provided to teachers who work directly with children for at least 30 hours per week at publicly funded providers that participate in the uniform measurement and improvement system known as VQB5, with the exception of teachers who are employed by local school boards; and (iii) administer and make distributions, for the purpose of providing early childhood care and education services, from the Early Childhood Care and Education Fund established in the bill, to which all unspent balances from the Virginia Preschool Initiative at the end of each fiscal year are required to be credited instead of reverting to the general fund.

A BILL to amend and reenact § 22.1-289.03 of the Code of Virginia, relating to early childhood care and education system; publicly funded providers; funding formula; educator incentive; nonreverting fund to capture unspent Virginia Preschool Initiative balances.

24101513D

S.B. 60

Patron: Favola

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

A BILL to amend and reenact § 22.1-217.03 of the Code of Virginia, relating to guidelines for individualized education program teams relating to certain age-appropriate and developmentally appropriate instruction; availability and posting.

24103268D

S.B. 83

Patron: McGuire

Home instruction; parents; criteria. Removes the four enumerated criteria--holding a high school diploma, being a teacher of qualifications prescribed by the Board of Education, providing the child with a program of study or curriculum that may be delivered through a correspondence course or distance learning program or in any other manner, or providing evidence of the ability to provide an adequate education for the child--by which a parent is permitted to provide home instruction for his school-age child. The bill does not affect the requirement for such a parent to annually provide a description of the home instruction curriculum before the school year begins and evidence of the child's academic progress after the school year ends.

A BILL to amend and reenact § 22.1-254.1 of the Code of Virginia, relating to home instruction; parents; criteria.

24102945D

S.B. 84

Patron: McGuire

Students who receive 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) receives 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 provides that no local school board is required to establish a policy to permit students who receive home instruction to participate in interscholastic programs. The bill permits reasonable fees to be charged to students who receive home instruction to cover the costs of participation in such interscholastic programs, including the costs of additional insurance, uniforms, and equipment. The bill has an expiration date of July 1, 2029.

A BILL to amend the Code of Virginia by adding in Chapter 1 of Title 22.1 a section numbered 22.1-7.3, relating to participation in public school interscholastic programs by students who receive home instruction.

24102959D

S.B. 127

Patron: VanValkenburg

Public school staffing ratios; school counselors; specialized student support positions. Decreases from one to 325 to one to 250 the ratio of full-time equivalent school counselors required to be employed by each local school board per student enrolled in the local school division. The bill also increases the number of specialized student support positions required to be employed by each local school board from at least three to at least four such positions per 1,000 students in the local school division. Such specialized student support positions include school social workers, school psychologists, school nurses, licensed behavior analysts, licensed assistant behavior analysts, and other licensed health and behavioral positions.

A BILL to amend and reenact § 22.1-253.13:2, as it shall become effective, of the Code of Virginia, relating to public school staffing ratios; school counselors; specialized student support positions.

24102209D

S.B. 128

Patron: VanValkenburg

Public school funding; certain calculations. Places several parameters on Standards of Quality funding calculations performed by the Department of Education, including (i) requiring the Department, when calculating the cost of salaries under the Standards of Quality funding formula, to include facilities staff and transportation staff salaries in the calculation of any cost of competing adjustment to salaries for instructional and support positions that is provided as part of the state share of basic aid pursuant to the general appropriation act; (ii) requiring the Department, when estimating the cost of any compensation supplement for instructional and support positions under the Standards of Quality funding formula, to include and estimate the cost of such a compensation supplement for facilities staff; (iii) prohibiting the Department from applying any cap on inflation rate adjustments to non-personal cost categories during the biennial process of rebenchmarking the direct aid to public education budget; and (iv) requiring the Department to utilize a three-year average of the most recently available data to calculate the composite index of local ability-to-pay for each school division.

A BILL to amend the Code of Virginia by adding a section numbered 22.1-98.3, relating to public school funding; certain calculations.

24102208D

S.B. 139

Patron: Carroll Foy

Board of Education; high school graduation; alternative pathways to the advanced studies diploma and associated diploma seals. Directs the Board of Education to establish two pathways to the advanced studies high school diploma, and associated diploma seals for students who successfully follow and demonstrate excellence on such pathways: one pathway that requires advanced coursework in a career and technical education field but does not require coursework in world language and another pathway that requires advanced coursework in world language but does not require coursework in a career and technical education field. The bill requires such pathways and associated diploma seals to become effective for the 2025-2026 school year and to be available to any student, regardless of the school year during which the student enters ninth grade.

A BILL to require the Board of Education to establish multiple pathways to the advanced studies diploma and associated diploma seals.

24101497D

S.B. 161

Patron: McGuire

Board of Education; high school graduation; alternative pathway to advanced studies diploma and associated diploma seal; career and technical education. Directs the Board of Education to establish an alternative pathway to the advanced studies high school diploma and an associated diploma seal for students who successfully follow and demonstrate excellence on such pathway, that requires advanced coursework in a career and technical education field but does not require coursework in laboratory science. Under current law, one computer science course credit may count as one of the laboratory science course credits required for an advanced studies high school diploma but there is no pathway to an advanced studies diploma that does not require any laboratory science coursework. The bill requires such pathway and associated diploma seal to become effective for the 2025-2026 school year and to be available to any student, regardless of the school year during which the student enters ninth grade.

A BILL to require the Board of Education to establish an alternative pathway to the advanced studies diploma and associated diploma seal; career and technical education coursework.

24103827D

S.B. 170

Patron: Craig

Board of Education; out-of-school time programs; exemptions from licensure; conditions and requirements. Exempts from licensure any out-of-school time program that (i) serves only school-age children; (ii) operates primarily after or before regular school hours, during the summer, or at times when school is not normally in session; (iii) is offered for the purpose of promoting expanded childhood learning and enrichment, child and youth development, or educational, recreational, or character-building activities; and (iv) receives and maintains Board of Education certification to operate without a license.

The bill provides that any Board-certified, license-exempt out-of-school time program that fails to comply with the conditions set forth in the bill shall receive from the Superintendent notice of such noncompliance with an explanation that if such noncompliance is not resolved within a reasonable period of the time, as determined by the Board, the Superintendent may, at his discretion, deny, suspend, or revoke such program's certification and require it to be licensed.

A BILL to amend and reenact §§ 22.1-289.02 and 22.1-289.030 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 22.1-289.032:1, relating to Board of Education; out-of-school time programs; exemptions from licensure; conditions and requirements.

24104797D

S.B. 181

Patron: Rouse


Public elementary and secondary schools; cardiac emergency response plans required; grant program established. Requires each public elementary or secondary school to develop a cardiac emergency response plan (CERP) that addresses the appropriate use of school personnel to respond to incidents involving an individual who is experiencing sudden cardiac arrest or a similar life-threatening emergency while on school grounds and, in the event that such school has an athletic department or organized athletic program, while attending or participating in an athletic practice or event while on school grounds. The bill requires each such CERP to integrate nationally recognized evidence-based core elements such as those recommended by the American Heart Association guidelines and to integrate certain provisions and guidelines, including those relating to establishing a cardiac emergency response team, activating such team in response to a sudden cardiac event, and integrating the CERP into the local community's emergency medical services response protocols. The bill also requires, with such funds as may be appropriated for such purpose pursuant to the general appropriation act, the Department to establish and administer the CERP Grant Program for the purpose of awarding grants, on a competitive basis, to any public elementary or secondary school to assist such school in the development or implementation of its CERP or in the purchase or funding of activities or equipment that further promotes CERP preparedness, giving priority to certain high-need schools.

A BILL to amend the Code of Virginia by adding a section numbered 22.1-271.9, relating to public elementary and secondary schools; cardiac emergency response plans required; grant program established.

24102513D

S.B. 264

Patron: Craig


Department of Education; school boards; student online activity; data collection, monitoring, and restrictions. Requires the Department of Education to establish, and each school board to adhere to, (i) requirements relating to the collection of data on student online activity and the monitoring of student online activity by school boards and school board employees, including requirements to disclose to the parents of enrolled students what student online activity is tracked and monitored on school or personal devices on school property and what data on student online activity is being collected on school or personal devices and (ii) a requirement to set the most restrictive age-appropriate limits on student access to social media platforms, YouTube and other video platforms, and search engines and other search features on school devices and permit the parents of each enrolled student to waive such limits for their child by submitting a written request to the school division. The bill also requires the Department to establish and distribute to each school board a template that each such school board is required to use to (a) make certain disclosures to the parents of enrolled students relating to student online activity tracking or monitoring and the collection of data on such activity and (b) permit the parents of each enrolled student to opt their child out of any such tracking, monitoring, or collection.

A BILL to amend the Code of Virginia by adding a section numbered 22.1-23.4, relating to Department of Education; school boards; student online activity; data collection, monitoring, and restrictions.

24104680D

S.B. 283

Patron: Roem


School meals; availability at no cost to students. Provides that each school board shall require each public elementary and secondary school in the local school division to participate in the federal National School Lunch Program and the federal School Breakfast Program administered by the U.S. Department of Agriculture or in the Community Eligibility Provision (CEP) as provided in relevant law, if applicable, and to make lunch and breakfast available to any student who requests such a meal at no cost to the student, unless the student's parent has provided written permission to the school board to withhold such a meal from the student. The bill also requires the Department of Education to reimburse each public elementary and secondary school for each school breakfast and lunch served to a student, with a maximum of one breakfast and one lunch per student per school day and provides the formula for determining the state reimbursement rate for such meals. The bill contains provisions directing each school board to adopt policies and procedures aimed at maximizing access to federal funds available for the cost of participating in school breakfast and lunch programs and maximizing determinations of student eligibility for federal free or reduced cost meal reimbursements rates and participation in CEP. The bill also lowers the minimum identified student percentage for a school to be eligible to participate in CEP from 40 to 25 percent in accordance with the updated federal CEP regulations (7 C.F.R. § 245.9(f)(3)(i)). The bill also requires the Secretary of Education, in coordination with the Secretary of Finance, to convene a stakeholder work group to study and make recommendations on ways to avoid or mitigate the impact of offering statewide free school breakfast and lunches on other state-funded programs and to submit a report on such findings and recommendations by January 15, 2025, to the Senate Committee on Education and Health and the House Committee on Education. The bill also repeals provisions of law relating to the federal School Breakfast Program and to school meal debt that are rendered obsolete by the provisions of the bill.

A BILL to amend and reenact §§ 22.1-79.7:1 and 22.1-207.4:1 of the Code of Virginia and to repeal §§ 22.1-79.7 and 22.1-207.3 of the Code of Virginia, relating to school meals; availability at no cost to students.

24101521D

S.B. 314

Patron: Roem

Department of Education; establishment of Farm to School Program Task Force. Requires the Department of Education to establish and appoint such members as it deems necessary or appropriate to the Farm to School Program Task Force for the purpose of increasing student access throughout the Commonwealth to high-quality farm to school programs, defined in the bill as programs (i) whereby public schools purchase and feature prominently in school meals locally produced food or (ii) that involve experiential student learning opportunities relating to local food and agriculture, including school and community garden programs and local farm visits. The bill requires the Task Force to collaborate with local school boards, community-based organizations, farmers, relevant state and local agencies, and other relevant stakeholders to (a) assess existing farm to school programs within the Commonwealth to identify and disseminate to each local school board best practices for implementing and sustaining such programs, (b) establish and distribute to each local school board a guidance document for the establishment and operation of school garden programs, (c) provide information and resources to each local school board to assist it in leveraging grant funds to support farm to school programs, and (d) collect such data and make such policy recommendations to local school boards, the Board of Education, and the General Assembly as it deems appropriate.

A BILL to amend the Code of Virginia by adding a section numbered 22.1-23.4, relating to Department of Education; establishment of Farm to School Program Task Force.

24101529D