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2021 SPECIAL SESSION I

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Senate Committee on Education and Health

Chair: L. Louise Lucas

Clerk: Michael Jackson
Staff: Julia Carlton, Anna Moir
Date of Meeting: February 11, 2021
Time and Place: 8 AM/SR West Science Museum/ Public can register @ GA website
Updated: HB2166 added to the docket

H.B. 1737

Patron: Adams, D.M.

Nurse practitioners; practice without a practice agreement. Reduces from five to two the number of years of full-time clinical experience a nurse practitioner must have to be eligible to practice without a written or electronic practice agreement. The provisions of the bill expire on July 1, 2022.

A BILL to amend and reenact § 54.1-2957 of the Code of Virginia, relating to nurse practitioners; practice without a practice agreement.

21100242D

H.B. 1776

Patron: Ward

Board of Education; temporary extension of certain licenses. Requires the Board of Education to grant a two-year extension of the license of any individual licensed by the Board whose license expires on June 30, 2021, in order to provide the individual with sufficient additional time to complete the requirements for licensure.

A BILL to require the Board of Education to temporarily extend certain teachers' licenses.

21101678D

H.B. 1790

Patron: McNamara

Public schools; severe weather conditions and other emergency situations; unscheduled remote learning days. Provides that when severe weather conditions or other emergency situations have resulted in the closing of any school in a school division for in-person instruction, the school division may declare an unscheduled remote learning day whereby the school provides instruction and student services, consistent with guidelines established by the Department of Education to ensure the equitable provision of such services, without a reduction in the amount paid by the Commonwealth from the Basic School Aid Fund. The bill prohibits any school division from claiming more than 10 unscheduled remote learning days in a school year unless the Superintendent of Public Instruction grants an extension.

A BILL to amend and reenact § 22.1-98 of the Code of Virginia, relating to public schools; severe weather conditions and other emergency situations; unscheduled remote learning days.

21101395D

H.B. 1798

Patron: Tyler

Brunswick County school board; appointed school board salaries. Removes the Brunswick County school board from the list of approved member salaries for appointed school boards. The Brunswick County school board is currently an elected school board.

A BILL to amend and reenact § 22.1-32 of the Code of Virginia, relating to Brunswick County school board; appointed school board salaries.

21101535D

H.B. 1808

Patron: Orrock

Commissioner of Behavioral Health and Developmental Services; reports to designated protection and advocacy system. Adds reports of serious incidents, injuries, and illnesses to be reported to the Department of Behavioral Health and Developmental Services by providers of children's residential services licensed by the Department and reports of allegations of abuse or neglect of an individual receiving services in programs operated or licensed by the Department to the list of reports that the Commissioner of Behavioral Health and Developmental Services must provide to the Director of the Commonwealth's designated protection and advocacy system. The bill establishes timelines for the submission of those and other required reports.

A BILL to amend and reenact § 37.2-304 of the Code of Virginia, relating to Commissioner of Behavioral Health and Developmental Services; reports to designated protection and advocacy system.

21103010D

H.B. 1817

Patron: Adams, D.M.

Practice of certified nurse midwives. Eliminates the requirement that certified nurse midwives practice pursuant to a practice agreement and provides that certified nurse midwives shall practice in accordance with regulations of the Boards of Medicine and Nursing and consistent with the Standards for the Practice of Midwifery set by the American College of Nurse-Midwives and shall consult and collaborate with and refer patients to such other health care providers as may be appropriate for the care of the patient.

A BILL to amend and reenact §§ 54.1-2957 and 54.1-2957.01 of the Code of Virginia, relating to practice of certified nurse midwives.

21102378D

H.B. 1827

Patron: Austin

Board of Education; membership; geographic representation. Requires the nine-member Board of Education to include at least five members, appointed by the Governor, who each reside in different superintendent's regions in the Commonwealth.

A BILL to amend and reenact § 22.1-9 of the Code of Virginia, relating to the Board of Education; membership; geographic representation.

21101303D

H.B. 1873

Patron: Coyner

Brain injury; definition. Eliminates the requirement that an injury occur before the age of 65 to constitute a brain injury as that term is used in the context of licensure of private providers of behavioral health services.

A BILL to amend and reenact § 37.2-403 of the Code of Virginia, relating to brain injury; definition.

21101321D

H.B. 1885

Patron: Simonds

Department of Education; comprehensive review of computer science standards, courses, and pathways in public schools; report. Requires the Department of Education to perform a comprehensive review of the ongoing implementation of mandatory computer science standards in elementary schools and middle schools and the alignment of middle school and high school computer science courses and course pathways. The bill requires such review to include recommendations for implementation processes at the local level, profiles of implementation processes that have been successful for school divisions, a description of opportunities for enhanced collaboration with relevant computer science stakeholders to expand computer science education opportunities for all students in the Commonwealth and for relevant professional development for teachers, and examining methods of data collection annually from local school divisions pertaining to computer science implementation. The bill requires the Department of Education to prepare a report on its comprehensive review and provide such report to the Chairmen of the House Committee on Education and the Senate Committee on Education and Health, the Secretary of Education, and the Superintendent of Public Instruction no later than November 1, 2021.

A BILL to require the Department of Education to perform a comprehensive review of computer science standards, courses, and course pathways in public schools; report.

21100755D

H.B. 1904

Patron: Jenkins

Teachers and other licensed school board employees; cultural competency. The bill requires teacher, principal, and division superintendent evaluations to include an evaluation of cultural competency. The bill requires every person seeking initial licensure or renewal of a license from the Board of Education (i) to complete instruction or training in cultural competency and (ii) with an endorsement in history and social sciences to complete instruction in African American history, as prescribed by the Board. The bill also requires each school board to adopt and implement policies that require each teacher and any other school board employee holding a license issued by the Board to complete cultural competency training, in accordance with guidance issued by the Board, at least every two years.

A BILL to amend and reenact §§ 22.1-253.13:5 and 22.1-298.1 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 22.1-298.7, relating to teachers and other licensed school board employees; cultural competency.

21101996D

H.B. 1905

Patron: Cole, J.G.

Economic education and financial literacy required in middle and high school grades; employment arrangements. Adds to objectives developed and approved by the Board of Education for economics education and financial literacy at the middle and high school levels the implications of various employment arrangements with regard to benefits, protections, and long-term financial sustainability. Employment arrangements is defined in the bill as full-time employment, part-time employment, independent contract work, gig work, piece work, contingent work, day labor work, freelance work, and 1099 work.

A BILL to amend and reenact § 22.1-200.03 of the Code of Virginia, relating to economic education and financial literacy required in middle and high school grades; employment arrangements.

21102521D

H.B. 1913

Patron: Hope

Programs to address career fatigue and wellness in certain health care providers; civil immunity. Expands civil immunity for health care professionals serving as members of or consultants to entities that function primarily to review, evaluate, or make recommendations related to health care services to include health care professionals serving as members of or consultants to entities that function primarily to address issues related to career fatigue and wellness in health care professionals licensed, registered, or certified by the Boards of Medicine, Nursing, or Pharmacy, or in students enrolled in a school of medicine, osteopathic medicine, nursing, or pharmacy located in the Commonwealth. The bill contains an emergency clause.

A BILL to amend and reenact §§ 8.01-581.16, 54.1-2400.6, and 54.1-2909 of the Code of Virginia, relating to programs to address career fatigue and wellness in certain health care providers; civil immunity.

21101116D

EMERGENCY

H.B. 1918

Patron: Mugler

Student driver safety. Requires (i) driver education programs to include instruction on the dangers of distracted driving and speeding and (ii) a student to submit a standard application form developed by the Department of Education by which the student provides evidence that he possesses of a valid driver's license or driver privilege card before being issued a pass to park a vehicle on high school property.

A BILL to amend and reenact § 22.1-205 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 22.1-205.1, relating to student driver safety.

21103086D

H.B. 1940

Patron: Rasoul

Department of Education; guidelines on excused student absences; civic or political engagement. Provides that, subject to guidelines established by the Department of Education, each school board (i) shall permit one school day-long excused absence per school year for any middle school or high school student in the local school division who is absent from school to engage in a civic or political event and (ii) may permit additional excused absences for such students who are absent for such purposes.

A BILL to amend and reenact § 22.1-254 of the Code of Virginia, relating to the Department of Education; guidelines on excused student absences; civic or political engagement.

21103483D

H.B. 1953

Patron: Gooditis

Licensed certified midwives; licensure; practice. Defines "practice of licensed certified midwifery," directs the Boards of Medicine and Nursing to establish criteria for the licensure and renewal of a license as a certified midwife, and requires licensed certified midwives to practice in consultation with a licensed physician in accordance with a practice agreement. The bill also directs the Department of Health Professions to convene a workgroup to study the licensure and regulation of certified nurse midwives, certified midwives, and certified professional midwives to determine the appropriate licensing entity for such professionals. The Department shall report its findings and conclusions to the Governor and the General Assembly by November 1, 2021.

A BILL to amend and reenact § 54.1-2900 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 54.1-2957.04, relating to licensed certified midwives; licensure; practice.

21102337D

H.B. 1986

Patron: Bulova

George Mason University; management agreement. Provides a management agreement between the Commonwealth and George Mason University pursuant to the Restructured Higher Education Financial and Administrative Operations Act (§ 23.1-1000 et seq.).

A BILL providing a management agreement between the Commonwealth and George Mason University pursuant to the Restructured Higher Education Financial and Administrative Operations Act (§ 23.1-1000 et seq.).

21101036D

H.B. 1989

Patron: Aird

Public health emergency; emergency medical services agencies; real-time access to information. Directs the Department of Health to develop and implement a system for sharing information regarding confirmed cases of communicable diseases of public health threat with emergency medical services agencies in real time during a declared public health emergency related to a communicable disease of public health threat and with the Emergency Medical Services Advisory Board and regional emergency medical services councils upon request, in order to protect the health and safety of emergency medical services personnel and the public.

A BILL to amend the Code of Virginia by adding in Article 3 of Chapter 2 of Title 32.1 a section numbered 32.1-48.001, relating to public health emergency; emergency medical services agencies; real-time access to information.

21102516D

H.B. 1995

Patron: Murphy

Rare Disease Council and Rare Disease Council Fund; report. Creates the Rare Disease Council for the purpose of (i) advising the Governor and the General Assembly on the needs of individuals with rare diseases in the Commonwealth; (ii) identifying challenges that such individuals face, including delays in obtaining a diagnosis or the receipt of a misdiagnosis, shortages of medical specialists who can provide treatment, and lack of access to therapies and medication used to treat rare diseases; (iii) funding research related to rare diseases and the development of new treatments for rare diseases; and (iv) funding for supports for persons with rare diseases in the Commonwealth. The bill also creates the Rare Disease Council Fund to be used for the purpose of (a) funding research related to rare diseases and the development of new treatments for rare diseases and supports for persons with rare diseases in the Commonwealth and (b) supporting the work of the Rare Disease Council.

A BILL to amend the Code of Virginia by adding in Chapter 2 of Title 32.1 an article numbered 19, consisting of sections numbered 32.1-73.14 through 32.1-73.17, relating to Rare Disease Council; Rare Disease Council Fund; report.

21103655D

H.B. 1998

Patron: Murphy

Public schools; lock-down drills; annual requirement. Reduces from three to two the minimum number of mandatory annual lock-down drills in each public elementary and secondary school in the Commonwealth.

A BILL to amend and reenact § 22.1-137.2 of the Code of Virginia, relating to public schools; lock-down drills; annual requirement.

21101496D

H.B. 2035

Patron: Tran

Virginia Initiative for Education and Work; Full Employment Program. Modifies the Full Employment Program (FEP) for Virginia Initiative for Education and Work participants by (i) allowing FEP participants to continue receiving Temporary Assistance for Needy Families (TANF); (ii) disregarding wages received through FEP for purposes of calculating TANF; (iii) removing the requirement that a person be unable to find unsubsidized employment in order to participate in FEP; and (iv) allowing employers participating in FEP to receive a subsidy of up to $1,000 per month for each FEP employee for a period not to exceed six months.

A BILL to amend and reenact § 63.2-608 of the Code of Virginia, relating to Virginia Initiative for Education and Work; Full Employment Program.

21101698D

H.B. 2058

Patron: Simonds

Virginia STEM Education Advisory Board; established; report. Creates the Virginia Science, Technology, Engineering, and Mathematics (STEM) Advisory Board to create a unified vision regarding STEM education initiatives, language, and measures of success to promote a culture of collaboration for STEM programming in the Commonwealth. The Board shall develop the infrastructure for creating STEM Regional Hubs and naming STEM Champions in communities across the Commonwealth. Additionally, the Board shall report annually to the Governor and the General Assembly on STEM challenges, goals, and successes across the Commonwealth.

A BILL to amend the Code of Virginia by adding in Title 22.1 a chapter numbered 26, consisting of sections numbered 22.1-364 through 22.1-368, relating to Virginia STEM Education Advisory Board; established; report.

21101975D

H.B. 2111

Patron: Herring

Task Force on Maternal Health Data and Quality Measures; report. Directs the State Health Commissioner to establish the Task Force on Maternal Health Data and Quality Measures for the purpose of evaluating maternal health data collection processes to guide policies in the Commonwealth to improve maternal care, quality, and outcomes for all birthing people in the Commonwealth. The bill directs the Task Force to report its findings and conclusions to the Governor and General Assembly by December 1 of each year regarding its activities and states that the Task Force shall conclude its work by December 1, 2023.

A BILL to establish the Task Force on Maternal Health Data and Quality Measures; report.

21102766D

H.B. 2117

Patron: VanValkenburg

Children's Services Act; special education programs. Requires that funds expended for special education services under the Children's Services Act only be expended on educational programs that are licensed by the Department of Education. The bill adds children and youth previously placed in approved private school educational programs for at least six months who will receive transitional services, as that term is defined in the bill, in a public school setting to the target population for eligibility for the state pool of funds, provided, however, that such funds shall be allocated for such transitional services for no longer than 12 months. The bill requires the Secretary of Education, in conjunction with the Office of Children's Services and the Department of Education, to establish a work group (the Work Group) with, at minimum, certain identified stakeholders to develop a detailed plan to direct the transfer of Children's Services Act funds currently reserved for children requiring an educational placement in a private special education day school or residential facility to the Department of Education and to develop a standardized reporting process, template, and reporting requirement for private special education day school tuition rates to ensure that tuition rates can be accurately compared across schools and over time, among other duties. The bill requires that the Work Group submit its plan and recommendations to the Chairmen of the House Committee on Appropriations and Senate Committee on Finance and Appropriations by November 1, 2021.

A BILL to amend and reenact §§ 2.2-5211 and 2.2-5212 of the Code of Virginia, relating to Children's Services Act; special education programs.

21103572D

H.B. 2119

Patron: Keam

Student driver education program; parent participation exemption. Exempts students who are (i) at least 18 years old, (ii) emancipated minors, or (iii) unaccompanied minors who are not in the physical custody of their parent or guardian from the requirement to participate in the parent/student component of a school's driver education program.

A BILL to amend and reenact § 22.1-205 of the Code of Virginia, relating to student driver education program; parent/student component exemption.

21103479D

H.B. 2123

Patron: Lopez

Public institutions of higher education; certain students; financial assistance programs. Provides that students who meet the criteria to be deemed eligible for in-state tuition regardless of their citizenship or immigration status shall be afforded the same educational benefits, including financial assistance programs administered by the State Council of Higher Education for Virginia, the State Board for Community Colleges, or a public institution of higher education, as any other individual who is eligible for in-state tuition. The bill has a delayed effective date of August 1, 2022, and directs the State Council of Higher Education for Virginia, in coordination with institutions of higher education in the Commonwealth, to promulgate regulations to implement the provisions of the bill.

A BILL to amend and reenact § 23.1-506 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 23.1-505.1, relating to the State Council of Higher Education for Virginia; eligibility for in-state tuition.

21103245D

H.B. 2166

Patron: Hope

Involuntary admission. Amends provisions governing involuntary inpatient and mandatory outpatient treatment to (i) revise criteria for entry of a mandatory outpatient treatment order to become effective upon expiration of an order for involuntary inpatient treatment; (ii) eliminate the requirement that a person agree to abide by a mandatory outpatient treatment plan to be eligible for mandatory outpatient treatment and instead require that the judge or special justice find that the person is able to adhere to a mandatory outpatient treatment plan; (iii) eliminate the role of a treating physician in determining when a person is eligible to transition from inpatient to mandatory outpatient treatment under an order for mandatory outpatient treatment following a period of involuntary inpatient treatment; (iv) increase from 90 to 180 days the length of an order for mandatory outpatient treatment; (v) revise requirements for monitoring of a person's adherence to a mandatory outpatient treatment plan by a community services board; (vi) expand the category of persons who may file petitions for various reviews of a mandatory outpatient treatment order or plan; and (vii) add a provision for status hearings during the period of mandatory outpatient treatment.

A BILL to amend and reenact §§ 37.2-817, 37.2-817.1, 37.2-817.2, and 37.2-817.4 of the Code of Virginia and to repeal § 37.2-817.3 of the Code of Virginia, relating to involuntary admission.

21102637D

H.B. 2182

Patron: Wilt

Board of Education; definition of "traumatic brain injury." Requires the Board of Education to amend its regulatory definition of "traumatic brain injury," for the purpose of the provision of special education for children with disabilities, to include an acquired injury to the brain caused by a medical condition, including stroke, anoxia, infectious disease, aneurysm, brain tumors, and neurological insults resulting from medical or surgical treatments. The current regulatory definition of "traumatic brain injury" includes only an acquired brain injury caused by an external physical force.

A BILL to require the Board of Education to amend the regulatory definition of traumatic brain injury.

21101127D

H.B. 2204

Patron: Filler-Corn

Get Skilled, Get a Job, Give Back (G3) Fund and Program established. Establishes the Get Skilled, Get a Job, Give Back (G3) Fund and requires the Virginia Community College System to establish the G3 Program for the purpose of providing financial assistance from the Fund to certain low-income and middle-income Virginia students who are enrolled in an educational program at an associate-degree-granting public institution of higher education that leads to an occupation in a certain high-demand field. The bill contains provisions for student eligibility, financial assistance award amounts, and data reporting.

A BILL to amend the Code of Virginia by adding a section numbered 23.1-2911.2, relating to the establishment of the Get Skilled, Get a Job, Give Back (G3) Fund and Program.

21102671D

H.B. 2206

Patron: Filler-Corn

Child Care Assistance Program; emergency. Provides that regulations governing the Child Care Subsidy Program (the Program) shall be amended to provide that (i) a family shall be eligible for assistance through the Program if the family's income does not exceed 85 percent of the state median income, the family includes at least one child who is five years of age or younger and has not yet started kindergarten, and the family meets all other income and eligibility requirements of the Program and (ii) job search activities shall be considered eligible activities for the purposes of the Program. The bill provides that a family determined to be eligible for assistance through the Program shall be eligible to receive assistance for a period of 12 months or until the family's household income exceeds 85 percent of the state median income, whichever occurs sooner. The Department of Social Services shall administer the program, as amended by the bill, in cooperation with the Department of Education. The bill contains an emergency clause and provides that the provisions of the bill shall be applicable to applications for assistance through the Program received prior to August 1, 2021.

A BILL to temporarily expand the Child Care Subsidy Program to provide financial assistance for child care to families in need during the public health emergency; emergency.

21103864D

EMERGENCY

H.B. 2218

Patron: Hayes

Pharmaceutical processors; cannabis products. Permits pharmaceutical processors to produce and distribute cannabis products other than cannabis oil. The bill defines the terms "botanical cannabis," "cannabis product," and "usable cannabis." The bill requires the Board of Pharmacy to establish testing standards for botanical cannabis and botanical cannabis products, establish a registration process for botanical cannabis products, and promulgate emergency regulations to implement the provisions of the bill. The bill allows the Board of Pharmacy to assess and collect a one-time botanical cannabis regulatory fee from each pharmaceutical processor, not to exceed $75,000, to cover costs associated with the implementation of the provisions of the bill, including costs for new personnel, training, promulgation of regulations and guidance documents, and information technology.

A BILL to amend and reenact §§ 18.2-250.1, 54.1-2519, 54.1-2521, 54.1-2903, 54.1-3408.3, and 54.1-3442.5 through 54.1-3442.8 of the Code of Virginia, relating to pharmaceutical processors; cannabis products.

21103713D

H.B. 2230

Patron: Bell

Supported decision-making agreements; report. Directs the Department of Behavioral Health and Developmental Services (the Department) to develop and implement a program to educate individuals with intellectual and developmental disabilities, their families, and others regarding the availability of supported decision-making agreements, the process by which an individual with an intellectual or developmental disability may enter into a supported decision-making agreement with a supporter, and the rights and responsibilities of principals and supporters who are parties to a supported decision-making agreement, which shall include specific training opportunities, development of model supported decision-making agreements, and development of information about and protocols for preventing, identifying, and addressing abuse and exploitation of individuals with intellectual and developmental disabilities who enter into supported decision-making agreements. The bill directs the Department to collect data regarding the utilization of supported decision-making agreements in the Commonwealth and report such information, together with recommendations to enhance the utilization of supported decision-making agreements, annually to the Governor and the General Assembly by November 1.

A BILL to amend and reenact §§ 64.2-2000, 64.2-2003, and 64.2-2007 of the Code of Virginia and to amend the Code of Virginia by adding in Article 1 of Chapter 3 of Title 37.2 a section numbered 37.2-314.3, relating to supported decision-making agreements. Report.

21101478D

H.B. 2305

Patron: Tyler

Board of Education; guidance on the governance of academic year Governor's Schools. Requires the Board of Education to issue guidance on the governance of academic year Governor's Schools, including communication and outreach practices, admissions policies, and guidelines on diversity, equity, and inclusion training. The bill requires such guidance to focus on the importance of increasing access to Governor's Schools for historically underserved students and to include best practices on (i) conducting information sessions about the school and the availability of gifted, advanced, and specialty education program opportunities for feeder public middle schools; (ii) strengthening the student pipeline in feeder public middle schools, prioritizing the most underserved and underrepresented students and public middle schools; and (iii) conducting programs related to and evaluations of diversity, equity, and inclusion. The bill requires the Board of Education, in developing such guidance, to collaborate with relevant stakeholders representing the geographical areas served by the Regional Governor's Schools, including local school boards representing the geographical areas served by the Regional Governor's Schools, Regional Governor's School boards, and Governor's School directors.

A BILL to require the Board of Education to issue guidance on the governance of academic year Governor's Schools.

21103341D

H.B. 2314

Patron: Mugler

Board of Education; regulations; special education; amendment. Requires the Board of Education to amend a certain regulation relating to special education to remove the word "component" following the word "evaluation," thereby ensuring compliance with the relevant federal regulation and clarifying that the parent of a child with a disability has the right to an independent educational evaluation at public expense if the parent disagrees with an evaluation obtained by the local educational agency.

A BILL to require the Board of Education to amend a certain regulation relating to special education.

21103131D