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2022 SESSION

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Senate Committee on Education and Health

Chair: L. Louise Lucas

Clerk: Michael Jackson,Thomas Jackson
Staff: Julia Carlton, Anna Moir
Date of Meeting: January 27, 2022
Time and Place: 8 AM Senate Committee Room A / Pocahontas Building
https://virginia-senate.granicus.com/ViewPublisher.php?view_id=3

S.B. 46

Patron: Petersen

Certain emergency and quarantine orders; additional procedural requirements. Provides that any person who is affected by an order of quarantine may file an appeal in the circuit court for the city or county in which he resides or is located or the circuit court for the jurisdiction or jurisdictions for any affected area; currently, only a person who is subject to an order of quarantine may appeal the order. The bill also provides that, in any case in which the Governor has issued an emergency order that includes any measure that closes schools or businesses or restricts the movement of healthy persons within the area to which the order applies, all of the rights, protections, and procedures applicable in the case of an order of quarantine issued by the Commissioner of Health shall apply.

A BILL to amend and reenact § 32.1-48.010 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 44-146.17:1.1, relating to certain emergency and quarantine orders; additional procedural requirements.

22100560D

S.B. 72

Patron: Edwards

Virginia Museum of Transportation; established. Establishes the Virginia Museum of Transportation as a public entity and educational institution of the Commonwealth. Under the bill, the Museum is governed by a 15-member board of trustees.

A BILL to amend and reenact § 23.1-101 of the Code of Virginia and to amend the Code of Virginia by adding in Chapter 32 of Title 23.1 an article numbered 8, consisting of sections numbered 23.1-3229 through 23.1-3232, relating to Virginia Museum of Transportation; established.

22102249D

S.B. 86

Patron: Stanley

Department of Health; primitive campgrounds; sewer system and toilet requirements. Directs the Department of Health to amend its regulations to exempt primitive campgrounds from the permanent sanitary facility requirements enumerated in relevant portions of the Virginia Administrative Code. The bill permits the Department to require primitive campgrounds to provide and maintain portable toilet facilities at the ratio of at least one toilet for every 75 campers and at least one toilet in compliance with the federal Americans with Disabilities Act.

A BILL to direct the Department of Health to amend its regulations related to sewer system and toilet requirements in primitive campgrounds.

22101365D

S.B. 119

Patron: Hanger

Involuntary temporary detention; disclosure of health records. Requires a local community services board to disclose medical records and ancillary information obtained during an evaluation to determine whether a person meets the criteria for involuntary temporary detention to a health care provider providing services to such person in a hospital emergency department.

A BILL to amend and reenact § 37.2-809 of the Code of Virginia, relating to involuntary temporary detention; disclosure of health records.

22102956D

S.B. 156

Patron: Hashmi

Public schools; English language learners. Requires state funding to be provided to support new divisionwide ratios of English learner students in average daily membership to full-time equivalent teaching positions, as follows: (i) for each English language learner identified as proficiency level one, one position per 25 students; (ii) for each English language learner identified as proficiency level two, one position per 30 students; (iii) for each English language learner identified as proficiency level three, one position per 40 students; and (iv) for all other English language learners, one position per 50 students. Under the bill, in order to provide additional support for instruction of English language learners, $150 shall be appropriated in year one to divisions for each English learner student to support professional development of instructional and support staff, purchase resources developed for students learning English, and offer grants to community-based organizations that offer support services to English language learners in school settings.

A BILL to amend and reenact § 22.1-253.13:2 of the Code of Virginia, relating to public schools; English language learners.

22102237D

S.B. 157

Patron: Hashmi

Competitive compensation for certain positions in public elementary and secondary schools. Declares it the goal of the Commonwealth that its public school teachers and all other individuals employed in Standards of Quality-funded positions be compensated at a rate that is competitive, defined as at or above the national average salary for the position, in order to attract and keep highly qualified individuals in such positions. The bill requires state funding to be provided pursuant to the general appropriation act in a sum sufficient to fund a five percent annual pay increase for each such position, effective from the 2023%9624 school year through the 2027%9628 school year, provided that such five percent annual pay increase (i) is subject to a local matching requirement in accordance with each local school board's composite index of local ability-to-pay and (ii) shall be adjusted annually as necessary to account for rebenchmarking and to yield a rate of compensation percentage increase for all Standards of Quality-funded positions that is pegged to providing a competitive average teacher salary in the Commonwealth. The bill has a delayed effective date of July 1, 2023.

A BILL to amend and reenact § 22.1-289.1 of the Code of Virginia, relating to competitive compensation for certain positions in public elementary and secondary schools.

22103846D

S.B. 159

Patron: Hashmi

Public institutions of higher education; debt collection; transcripts and diplomas. Prohibits public institutions of higher education from (i) refusing to provide a transcript or diploma for a current or former student on the grounds that the student owes a debt; (ii) conditioning the provision of a transcript or diploma for a current or former student on the payment of a debt, other than a fee charged to provide the transcript or diploma; (iii) charging a higher fee to a current or former student for obtaining a transcript or diploma, or providing less favorable treatment of a transcript or diploma request because a current or former student owes a debt; or (iv) using transcript or diploma issuance as a tool for debt collection. The bill states that any violation of these provisions constitutes a prohibited practice and is subject to any and all of the enforcement provisions of the Virginia Consumer Protection Act.

A BILL to amend and reenact §§ 2.2-4806 and 59.1-200 of the Code of Virginia, relating to public institutions of higher education; debt collection; transcripts and diplomas.

22102612D

S.B. 192

Patron: Mason

Local health director; qualifications. Allows local health directors to possess a Doctor of Public Health degree, a Master of Public Health degree, or a doctoral degree in the area of public health as an alternative to the current requirement that local health directors be physicians licensed to practice medicine in the Commonwealth.

A BILL to amend and reenact § 32.1-30 of the Code of Virginia, relating to local health director; qualifications.

22100567D

S.B. 223

Patron: McPike


Intercollegiate athletics; student-athletes; compensation and representation for name, image, or likeness. Establishes several parameters for the compensation and representation of a student-athlete related to the use of such student's name, image, or likeness. The bill prohibits any private institution of higher education, associate-degree-granting public institution of higher education, or baccalaureate public institution of higher education or any agent thereof; athletic association; athletic conference; or other organization with authority over intercollegiate athletics from (i) providing a prospective student-athlete or a student-athlete with compensation for the use of his name, image, or likeness; (ii) prohibiting or preventing a student-athlete from earning such compensation, except in certain circumstances enumerated in the bill; (iii) prohibiting or preventing a student-athlete from obtaining professional representation by a licensed athlete agent or legal representation by a licensed attorney in connection with issues related to name, image, or likeness; (iv) declaring a student-athlete ineligible for intercollegiate athletic competition because he earns such compensation or obtains such representation; or (v) reducing, canceling, revoking, or not renewing an athletic scholarship because a student-athlete earns such compensation or obtains such representation. The bill establishes several other conditions and limitations relating to pre-agreement disclosures, the use of the institution's property, and the effect on employment status in connection with a student-athlete's use of his name, image, or likeness. The bill also amends the definition of "athlete agent" in relevant law to permit such agents to represent a student-athlete in connection with issues related to name, image, or likeness, including negotiating, securing, obtaining, arranging, and managing name, image, or likeness opportunities.

A BILL to amend and reenact § 54.1-526 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 23.1-408.1, relating to intercollegiate athletics; student-athletes; compensation and representation for name, image, or likeness.

22103714D

S.B. 239

Patron: Hashmi

STEM+C; Virginia STEM Education Advisory Board. Adds science, technology, engineering, mathematics and computing (STEM+C), which includes real-world, interdisciplinary, and computational instruction and preparation of students in STEM+C, to the list of topics that shall be included in the Standards of Learning for the Commonwealth. The bill also directs the Virginia STEM Education Advisory Board to develop and submit to the Board of Education (i) a rubric that shall be used by the Board of Education in setting out what factors permit a school to be defined as a STEM school and (ii) recommendations for the Board to create a measurement for quality of STEM programming in general education instruction. The bill also directs the Virginia STEM Education Advisory Board to draft and report to the Department of Education proposed common language and terminology that better defines the basic literacies employed in STEM+C as methodological approaches to solving universal human challenges and, as essential, generalizable and transferable literacy toward the application of skills and content needed to solve those challenges. The bill also directs the Department of Education, based on such proposed language and terminology and no later than December 1, 2022, to recommend finalized language and terminology to the Board of Education.

A BILL to amend and reenact §§ 22.1-253.13:1 and 22.1-367 of the Code of Virginia, relating to STEM+C; Virginia STEM Education Advisory Board.

22103912D

S.B. 261

Patron: Hashmi

Virginia STEM Education Advisory Board; comprehensive review of labor statistics categories; report. Directs the Virginia Science, Technology, Engineering, and Mathematics (STEM) Education Advisory Board (the Board) to perform a comprehensive review of U.S. Bureau of Labor Statistics categories within the standard occupational classification system and assess deficit areas that do not capture Virginia's existing STEM+C (Computing) workforce profile for the purpose of better aligning K-12 and higher education priorities. The Board shall report its findings to the Virginia Economic Development Partnership Authority Office of Education and Labor Market Alignment and the Chairmen of the House Committee on Communications, Technology and Innovation and the Senate Committee on General Laws and Technology no later than October 1, 2022.

A BILL to direct the Virginia STEM Education Advisory Board to perform a comprehensive review of labor statistics categories, STEM+C workforce, and STEM education; report.

22101764D

S.B. 275

Patron: DeSteph

Public school libraries; printed and audiovisual materials; selection, evaluation, checkout, and removal procedures. Requires each local school board to adopt policies that address the selection and evaluation of all printed and audiovisual materials purchased by, donated to, or otherwise made available to the school division that will be available to students in school libraries and requires such policies to contain clear procedures for (i) parental involvement in and a reasonable opportunity for public comment before the selection and evaluation of printed and audiovisual materials that will be available to students in school libraries; (ii) mandatory prior written parental consent before a student is permitted to check out from the school library any such printed or audiovisual materials that could be considered grooming video or materials, as that term is defined in relevant law; and (iii) the removal from the school library of any such printed or audiovisual materials that could be considered grooming video or materials, as that term is defined in relevant law.

A BILL to amend and reenact § 22.1-253.13:7 of the Code of Virginia, relating to public school libraries; printed and audiovisual materials; selection, evaluation, checkout, and removal procedures.

22101481D

S.B. 285

Patron: Ebbin


High school interscholastic athletic competition; prevention of hate speech and ethnically or racially insensitive expressions. Requires the organization governing high school athletics and academic activities for public and approved nonboarding nonpublic high schools (the organization), with such funds as may be appropriated by the General Assembly for such purpose pursuant to the general appropriation act, to develop (i) rules and standards for the prevention of inequities involving the use of hate speech or ethnically or racially insensitive expressions during athletic and academic competitions sponsored by the organization's member schools, (ii) procedures for the enforcement of and penalties for the violation of such rules and standards, and (iii) training materials on such rules and standards. The bill requires each member school of the organization to abide by and implement such rules, standards, procedures, and penalties and ensure that each student who will participate in high school interscholastic athletic or academic competition, the parent of each such student, and each individual, whether paid or unpaid, who coaches a team that will participate in high school interscholastic athletic or academic competition receives and reviews such training materials. The bill requires the organization to make part of the process to become a registered official in good standing for any association offering services to the organization an education and training requirement that is consistent with the training materials developed by the organization. The bill has a delayed effective date of January 1, 2023.

A BILL to amend the Code of Virginia by adding a section numbered 22.1-271.9, relating to high school interscholastic athletic and academic competition; prevention of hate speech and ethnically or racially insensitive expressions.

22100981D

S.B. 361

Patron: Stuart

Marcus alert system; optional participation. Provides that participation in the Marcus alert system shall be optional for localities and that no locality, community services board, or behavioral health authority shall be required to participate in the Marcus alert system.

A BILL to amend and reenact §§ 9.1-193 and 37.2-311.1 of the Code of Virginia, relating to Marcus alert system; optional participation.

22102006D

S.B. 375

Patron: Petersen

Optometrists; laser surgery. Allows an optometrist who has received a certification to perform laser surgery from the Board of Optometry (the Board) to perform certain types of laser surgery of the eye and directs the Board to issue a certification to perform laser surgery to any optometrist who submits evidence satisfactory to the Board that he (i) is certified by the Board to prescribe for and treat diseases or abnormal conditions of the human eye and its adnexa with therapeutic pharmaceutical agents pursuant to Code requirements and (ii) has satisfactorily completed such didactic and clinical training programs provided by an accredited school or college of optometry that includes training in the use of lasers for the medically appropriate and recognized treatment of the human eye as the Board may require.

A BILL to amend and reenact §§ 54.1-2400.01:1, 54.1-3200, and 54.1-3201 of the Code of Virginia and to amend the Code of Virginia by adding in Chapter 32 of Title 54.1 an article numbered 6, consisting of a section numbered 54.1-3225, relating to optometrists; laser surgery.

22103933D

S.B. 395

Patron: Edwards

Roanoke Higher Education Authority; board of trustees; membership. Adds the president of Virginia State University or his designee to the board of trustees of the Roanoke Higher Education Authority and removes the presidents of Averett University and Mary Baldwin College or their designees from the board of trustees.

A BILL to amend and reenact § 23.1-3117 of the Code of Virginia, relating to Roanoke Higher Education Authority; board of trustees; membership.

22103774D

S.B. 436

Patron: Barker

Board of Health; Statewide Telehealth Plan; Virginia Telehealth Network. Requires the Board of Health to consult with the Virginia Telehealth Network in amending and maintaining the Statewide Telehealth Plan. The bill requires the Board of Health to leverage the expertise of the Virginia Telehealth Network, or another Virginia-based nongovernmental organization focused on telehealth if the Virginia Telehealth Network is no longer in existence, to (i) provide direct consultation to any advisory groups and groups tasked by the Board with implementation and data collection, (ii) track implementation of the Statewide Telehealth Plan, and (iii) facilitate changes to the Statewide Telehealth Plan as accepted medical practices and technologies evolve.

A BILL to amend and reenact § 32.1-122.03:1 of the Code of Virginia, relating to Board of Health; Statewide Telehealth Plan; Virginia Telehealth Network.

22103818D

S.B. 466

Patron: Surovell

Virginia College Savings Plan; Virginia College Equity Foundation and Fund. Directs the Board of the Virginia College Savings Plan to invest the surplus from the fund for prepaid tuition contracts, if any, in the Virginia College Equity Fund (the Fund), established by the bill. The bill provides that financial management of the Fund is the responsibility of the Board of the Virginia College Savings Plan but authorizes the board of the Virginia College Equity Foundation, also established by the bill, to manage a scholarship program funded by the Fund. The bill establishes an individual and corporate income tax subtraction for donations to the Fund.

Under the bill, the program provides scholarships to students at Virginia's nonlegacy public universities. Scholarships are available only to students who attend a nonlegacy university, likely would have been denied admission to a public institution of higher education prior to 1900 based on admission criteria in effect at the time, meet the income requirements for a Pell Grant, and commit to working in Virginia for at least eight years after graduation.

A BILL to amend and reenact §§ 23.1-701, 23.1-702, 23.1-704, 23.1-706, 58.1-322.03, 58.1-344.3, and 58.1-402 of the Code of Virginia and to amend the Code of Virginia by adding in Title 23.1 a chapter numbered 7.1, consisting of sections numbered 23.1-714 through 23.1-717, relating to Virginia College Savings Plan; Virginia College Equity Foundation and Fund.

22103703D

S.B. 574

Patron: Mason

Child care; background checks. Allows applicants for employment and applicants to serve as volunteers to work in certain child day centers, family day homes, and family day systems pending the results of a full background check, provided that (i) the applicant has received qualifying results on a fingerprint-based background check through the Central Criminal Records Exchange or the Federal Bureau of Investigation and (ii) the applicant is supervised at all times by a person who received a qualifying result on a full background check within the past five years.

A BILL to amend and reenact § 22.1-289.035 of the Code of Virginia, relating to child care; background checks.

22102864D

S.B. 580

Patron: McDougle

Department of Health; triennial audit requirement for hospices and home care organizations. Directs the Department of Health to remove the triennial audit requirement for hospices and home care organizations.

A BILL to direct the Department of Health to amend its regulations to remove the triennial audit requirement for hospices and home care organizations.

22100900D

S.B. 596

Patron: Pillion

School attendance; 4-H educational programs and activities. Provides that students who miss a partial or full day of school while participating in 4-H educational programs and activities shall not be counted as absent for the purposes of calculating average daily membership and shall receive course credit in the same manner as they would for a school field trip. The bill directs each local school board to develop policies and procedures for students to make up missed work and may determine the maximum number of school days per academic year that a student may spend participating in 4-H educational programs and activities to not be counted absent.

A BILL to amend the Code of Virginia by adding a section numbered 22.1-207.7, relating to school attendance; 4-H educational programs and activities.

22103919D

S.B. 616

Patron: Lucas


Virginia Literacy Act; early student literacy; evidence-based literacy instruction; science-based reading research. Makes several changes relating to early student literacy, including requiring (i) each education preparation program offered by a public institution of higher education or private institution of higher education or alternative certification program that provides training for any individual seeking initial licensure with an endorsement in a certain area, including as a reading specialist, to demonstrate mastery of science-based reading research and evidence-based literacy instruction, as such terms are defined in the bill; (ii) the literacy assessment required of individuals seeking initial teacher licensure with endorsements in certain areas to include a rigorous test of science-based reading research and evidence-based literacy instruction; (iii) each school board to establish a divisionwide literacy plan; and (iv) each local school board to provide a program of literacy instruction whereby, among other things, (a) the program provides reading intervention services to students in kindergarten through grade three who demonstrate deficiencies based on their individual performance on the Standards of Learning reading assessment or an early literacy screener provided or approved by the Department of Education; (b) a reading specialist, in collaboration with the teacher of any student who receives such reading intervention services, develops, oversees implementation of, and monitors student progress on a student reading plan; and (c) each student who receives such reading intervention services is assessed utilizing either the early literacy screener provided or approved by the Department or the grade-level reading Standards of Learning assessment again at the end of that school year. The provisions of the bill become effective beginning with the 2024–2025 school year.

A BILL to amend and reenact §§ 22.1-1, 22.1-253.13:1, 22.1-253.13:2, 22.1-253.13:5, 22.1-253.13:6, 22.1-298.1, and 23.1-902.1 of the Code of Virginia, relating to early student literacy; evidence-based literacy instruction; science-based reading research.

22104284D

S.B. 617

Patron: Locke

Commissioner of Health and local health director qualifications; local variances. Requires the Commissioner of Health to possess a Doctor of Public Health degree, a Master of Public Health degree, or a doctoral degree in the area of public health in addition to the current requirement that the Commissioner of Health be a physician licensed to practice medicine in the Commonwealth with certification from the American Board of Preventive Medicine or a recognized board in a primary care specialty as approved by the American Board of Medical Specialties. The bill allows local health directors to possess a Doctor of Public Health degree, a Master of Public Health degree, or a doctoral degree in the area of public health as an alternative to the current requirement that local health directors be physicians licensed to practice medicine in the Commonwealth. Additionally, the bill allows the Commissioner to grant a variance to a state law or regulation of the Board when the Commissioner determines that, upon review of an application from a county, city, or town, (i) the applicant for such variance has demonstrated that the implementation of a regulation would impose a substantial financial or programmatic hardship and (ii) the variance would not adversely affect the safety and well-being of residents of the county, city, or town or the Commonwealth.

A BILL to amend and reenact §§ 32.1-17, 32.1-30, and 32.1-34 of the Code of Virginia, relating to Commissioner of Health and local health director qualifications; local variances.

22103430D

S.B. 626

Patron: Ebbin

Department of Health; non-skilled home care organizations; triennial audit requirement. Directs the Department of Health to amend its regulations to exempt non-skilled home care organizations that do not participate in government-funded programs from the requirement of a triennial audit for licensing.

A BILL to direct the Department of Health to amend its regulations to exempt certain home care organizations from the triennial audit requirement.

22103503D

S.B. 709

Patron: DeSteph

Education improvement scholarships tax credits; sunset. Removes the sunset of taxable years beginning on or after January 1, 2028, for the tax credit for donations to certain scholarship foundations and removes the sunset for changes to the definition of an eligible student with a disability and certain income guidelines that were set to expire beginning with taxable years beginning on or after January 1, 2024.

A BILL to amend and reenact § 58.1-439.26 of the Code of Virginia and to amend and reenact the second enactment of Chapter 808 of the Acts of Assembly of 2019, relating to Education improvement scholarships tax credits; sunset.

22104469D

S.B. 759

Patron: Newman

Drug Control Act; Schedule I; Schedule II; Schedule IV; Schedule V. Adds certain chemicals to the Drug Control Act. The Board of Pharmacy has added these substances in an expedited regulatory process. A substance added via this process is removed from the schedule after 18 months unless a general law is enacted adding the substance to the schedule.

A BILL to amend and reenact §§ 54.1-3446, 54.1-3448, 54.1-3452, and 54.1-3454 of the Code of Virginia, relating to Drug Control Act; Schedule I; Schedule II; Schedule IV; Schedule V.

22104959D

S.J.R. 53

Patron: Locke

State Council of Higher Education for Virginia; statewide strategic plan; report. Endorses the framework of mission, vision, goals, and strategies for the statewide strategic plan for higher education developed and approved by the State Council of Higher Education for Virginia (SCHEV) as the Commonwealth's vision and plan for higher education and requires SCHEV to report annually for six years on the Commonwealth's progress toward achieving the plan's goals to the Governor, the General Assembly, institutions of higher education, and the public.

Endorsing the framework of the statewide strategic plan for higher education developed by the State Council of Higher Education for Virginia as the Commonwealth's vision and plan for higher education. Report.

22103651D