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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 18, 2024
Time and Place: 30 minutes after Senate adjourns /Senate Room C, 3rd Floor, GAB
https://virginia-senate.granicus.com/ViewPublisher.php?view_id=3

S.B. 37

Patron: McGuire

Sage's Law; minor students experiencing gender incongruence; parental notification of certain expressions and requests and parental permission for certain plans required; parental care. Requires each public elementary or secondary school principal or his designee to (i) as soon as practicable, inform at least one parent of a minor student enrolled in such school if such minor (a) expresses to any individual who is employed in such school that such minor is experiencing gender incongruence, as defined in the bill, or (b) requests that any such employee participate in social affirmation of such minor's gender incongruence or the transition of such minor to a sex or gender different from the minor's biological sex while at school and (ii) request and receive permission from at least one parent of a minor student enrolled at such school prior to the implementation at such school of any plan concerning any gender incongruence experienced by such minor, including any counseling of such minor at school. Any such plan shall include provision for parental participation to the extent requested by the parent. The bill also clarifies, in the definition of the term "abused or neglected child," that in no event shall referring to and raising the child in a manner consistent with the child's biological sex, including related mental health or medical decisions, be considered abuse or neglect.

A BILL to amend and reenact § 63.2-100 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 22.1-273.5, relating to minor students experiencing gender incongruence; parental notification of certain expressions and requests and parental permission for certain plans required; parental care.

24101444D

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. 68

Patron: Peake

Elementary and secondary schools; athletics; participation in female sports; civil cause of action. Requires each public elementary or secondary school and each private elementary or secondary school that competes in sponsored athletic events against such public schools to designate all interscholastic athletic teams and intramural athletic teams sponsored by such school based on biological sex as follows: (i) for "males," "men," or "boys"; (ii) for "females," "women," or "girls"; or (iii) as "coed" or "mixed" if such team is open to participation by (a) "males," "men," or "boys" and (b) "females," "women," or "girls." The bill prohibits any student whose biological sex is male and who has not physically transitioned to female prior to puberty from participating on any school athletic team or squad designated for "females," "women," or "girls." Finally, the bill creates a civil cause of action for students and schools that suffer harm as a result of a violation of the provisions of the bill, provided that such action is initiated within two years of the harm occurring.

A BILL to amend the Code of Virginia by adding a section numbered 22.1-23.4, relating to elementary and secondary schools; athletics; participation in female sports; civil cause of action.

24100908D

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. 235

Patron: Hashmi

Policies on parental notification of instructional material that includes sexually explicit content; scope and use. Provides that nothing in the law requiring the Department of Education to develop and make available to each school board model policies for ensuring parental notification of any instructional material that includes sexually explicit content and requiring each school board to adopt policies that are consistent with but may be more comprehensive than such model policies or that is in such model policies or school board policies shall be construed to permit the censoring of books in any public elementary or secondary school.

A BILL to amend and reenact § 22.1-16.8 of the Code of Virginia, relating to policies on parental notification of instructional material that includes sexually explicit content; scope and use.

24104437D

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. 380

Patron: Sturtevant

School board policies; alternative educational opportunities. Requires each school board to create a process allowing a qualified student, as defined in the bill, to access funding set aside for alternative educational opportunities, as defined in the bill. The bill provides that the school boards must also determine if an alternative educational program qualifies as a means to earn class credit or satisfy a graduation requirement.

A BILL to amend and reenact § 22.1-253.13:7 of the Code of Virginia, relating to school board policies; alternative educational opportunities.

24101492D

S.B. 421

Patron: Sturtevant


Foster Child Scholarship Program; established. Establishes the Foster Child Scholarship Program (the Program), to be administered by the Department of Education, for the purpose of providing school-age children in foster care the option to attend the participating public or private school of their caregiver's choice. The bill provides that any student is eligible to participate in the Program who (i) is a foster child, (ii) resides in a school division in the Commonwealth, (iii) is subject to compulsory attendance requirements, and (iv) is entering kindergarten or was eligible to enroll at a public elementary or secondary school in the Commonwealth during the semester immediately preceding the semester or term for which the child's parent initially applies for the Program or who is entering kindergarten. The bill provides that the caregiver of any eligible student may apply for the Program and, upon approval of such application, receive an annual scholarship, through quarterly disbursements into such eligible student's Foster Child Scholarship Account (FCSA), for the purposes of paying for education-related expenses, as set forth in the bill, at the participating school of the caregiver's choice in which the eligible student enrolls under the Program. The bill contains provisions relating to (a) the Department's powers and duties in administering the Program, including establishing and implementing policies and procedures for reviewing and approving applications, conducting public awareness campaigns, establishing procedures for audit and review of FCSAs and of participating schools, and establishing procedures and requirements for the management of and disbursing of funds into FCSAs; (b) the duties of participating schools in the Program relating to the acceptance of eligible students participating in the Program; (c) requirements for the division superintendent of each school division to report each year to the Superintendent of Public Instruction, and the Superintendent of Public Instruction to report each year to the Governor and the Chairs of the House Committee on Appropriations and the Senate Committee on Finance and Appropriations, on data relating to participation in the Program by eligible students and participating schools; and (d) the conditions and limitations to which caregivers of eligible students must agree in order to participate in the Program.

A BILL to amend the Code of Virginia by adding in Chapter 13 of Title 22.1 an article numbered 2.1, consisting of sections numbered 22.1-222.1 through 22.1-222.4, relating to Foster Child Scholarship Program; established.

24102023D

S.B. 431

Patron: Suetterlein


Schools boards; pupil transportation; alternatives; requirements. Expands the availability of allowable alternatives to traditional school bus transportation services relating to the transportation of students to and from school or school-related activities.

The bill expands the entities with whom and the purposes for which a school board may enter into agreements to provide transportation of pupils to include other school boards and comprehensive community colleges for the purposes of transporting students to and from concurrent or dual enrollment programs, career and technical education programs, joint and regional schools, and college partnership laboratory schools. The bill permits any school board to (i) provide, or contract with a privately operated entity to provide, for the purpose of transporting students to and from schools on a regularly scheduled basis a vehicle designed (a) to carry between 11 and 15 passengers, (b) as a specific type of school bus, in accordance with relevant federal and state laws and regulations, and (c) to carry nine passengers or fewer and (ii) in accordance with the provisions set forth in the bill, adopt a resolution to utilize alternative transportation providers, coordinators, and management services to supplement traditional school bus service. The bill requires any vehicle provided or obtained pursuant to clause (i) to comply with all applicable federal and state laws and regulations and undergo scheduled and random inspections by the Department of State Police. The bill establishes requirements for the contents of police reports relating to any school transportation-related accident to account for the use of alternative modes of school transportation to supplement traditional school bus service. The bill contains provisions prohibiting any school board from hiring, employing, or entering into any agreement with any person for the purposes of operating any vehicle to transport students unless such person meets certain requirements, including those requirements specific to persons who operate school busses.

Finally, the bill permits any school board of a school division for which providing transportation by school bus is not cost effective to use a portion of its transportation funding to provide a grant to any parent of a student who provides student transportation to and from school and establishes several conditions in relation to such provision, including directing the Board to adopt policies and procedures relating to the award of such grants.

A BILL to amend and reenact §§ 22.1-176, 22.1-176.1, 22.1-177, 22.1-178, and 22.1-186 of the Code of Virginia, relating to school boards; pupil transportation; alternatives; requirements.

24103264D

S.B. 533

Patron: Jordan

Education Excellence for All Program established. Permits the parents of qualified students, defined in the bill, to apply for a one-year, renewable Education Excellence for All Savings Account, defined in the bill, 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 school division in which the qualified student resides, including the per pupil share of state sales tax funding in basic aid and any per pupil share of state special education funding for which the qualified student is eligible. The bill permits the parent of the qualified student to use the moneys in such account for certain qualified expenses of the qualified 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 program and account administration by the Department of the Treasury and a third party that serves as program administrator pursuant to a contract with the Department.

A BILL to amend the Code of Virginia by adding in Chapter 13 of Title 22.1 an article numbered 2.1, consisting of sections numbered 22.1-222.1 through 22.1-222.7, relating to Education Excellence for All Program established.

24104800D

S.B. 552

Patron: Peake

Public schools; open school enrollment policies and guidance. Requires the Board of Education to develop and make available to each school board by August 1, 2024, model policies and guidance relating to open school enrollment detailing certain conditions, limitations, and procedures relating to the open enrollment process and nonresident students, defined as any student who is enrolled in a school within such student's school division but outside of the attendance area in which he resides pursuant to an open enrollment policy. The bill requires each school board to establish and implement policies to provide for open enrollment in accordance with the model policies and guidelines developed by the Board. Current law permits, but does not require, each school board to establish and implement policies providing for open enrollment.

A BILL to amend and reenact §§ 22.1-5, 22.1-7.1, and 22.1-7.2 of the Code of Virginia, relating to public schools; open school enrollment policies and guidance.

24103267D

S.B. 558

Patron: DeSteph


School choice educational savings accounts. Permits the parents of qualified students to apply to the Department of Education for a renewable school choice education savings account, consisting of a monetary 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 qualified student resides, from which the parent of such student may use the funds to make education-related qualifying expenditures, including tuition, deposits, fees, and required textbooks and instructional materials, at (i) a private elementary or secondary school located in the Commonwealth, (ii) certain nonpublic online learning programs, and (iii) institutions of higher education and requires the Department of Education to establish certain policies, procedures, and processes relating to the savings accounts. The bill defines the term "qualified student" to provide for the annual expansion of the students who are eligible to receive savings accounts, from including for the 2024–2025 school year only students who meet a limited set of criteria and gradually expanding to declare eligible for the 2028–2029 school year and each year thereafter any student who (a) is deemed to reside in a school division in the Commonwealth, (b) for whom compulsory attendance is required pursuant to relevant law, (c) is eligible to enroll in a public elementary or secondary school in the Commonwealth, and (d) is entering kindergarten or was enrolled at and attended a public elementary or secondary school in the Commonwealth during the two semesters immediately preceding the semester for which the child's parent initially applies for a savings account. The bill contains several provisions relating to the terms and conditions to which the parent of any qualified student is required to agree to receive a savings account, requirements relating to renewal of savings accounts and the management of funds remaining when accounts are closed or become inactive, and the consequences of noncompliance with the terms and conditions. The bill also provides that the Department of Education shall be responsible for the administration of the savings accounts, including (1) making quarterly disbursements in the appropriate amount to each savings account and managing retained savings; (2) developing informational materials for interested parents relating to the savings accounts; and (3) developing policies and procedures relating to the administration and management of the savings accounts, the application process, quarterly reviews and annual audits of each savings account, and addressing incidents of intentional and substantial misrepresentation, fraud, or noncompliance in relation to expenditures from savings accounts.

A BILL to amend the Code of Virginia by adding in Chapter 13 of Title 22.1 an article numbered 2.1, consisting of sections numbered 22.1-222.1 through 22.1-222.5, relating to school choice educational savings accounts.

24102028D