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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: February 3, 2022
Time and Place: 8:00 am / Committee Room A Pocahontas Building - Updated: Added -
SB(125,415,481,490,603,628,760,668,205,201,245,406,429,484,663)

S.B. 20

Patron: Hackworth

Treatment of transgender students; model policies. Eliminates the requirement that each school board adopt policies that are consistent with the model policies developed by the Department of Education concerning the treatment of transgender students in public elementary and secondary schools.

A BILL to amend and reenact § 22.1-23.3 of the Code of Virginia, relating to treatment of transgender students; policies.

22100849D

S.B. 125

Patron: Obenshain

Public schools; regional charter school divisions. Authorizes the Board of Education (the Board) to establish regional charter school divisions consisting of at least two but not more than three existing school divisions in regions in which each underlying school division has (i) an enrollment of more than 3,000 students and (ii) one or more schools that have accreditation denied status for two out of the past three years. The bill requires such regional charter school divisions to be supervised by a school board that consists of eight members appointed by the Board and one member appointed by the localities of each of the underlying divisions. The bill authorizes the school board, after a review by the Board, to review and approve public charter school applications in the regional charter school divisions and to contract with the applicant. The bill requires that the state share of Standards of Quality per pupil funding of the underlying school district in which the student resides be transferred to such school.

A BILL to amend and reenact §§ 22.1-25 and 22.1-212.10 of the Code of Virginia and to amend the Code of Virginia by adding in Chapter 5 of Title 22.1 an article numbered 6.1, consisting of sections numbered 22.1-57.01 and 22.1-57.02, and by adding in Chapter 13 of Title 22.1 an article numbered 1.2:1, consisting of sections numbered 22.1-212.16:1 through 22.1-212.16:7, relating to public schools; regional charter school divisions.

22101898D

S.B. 169

Patron: Peake

Licensed practical nurses; authority to pronounce death. Extends to licensed practical nurses the authority to pronounce the death of a patient, provided that certain conditions are met. Current law provides that physicians, registered nurses, and physician assistants may pronounce death.

A BILL to amend and reenact § 54.1-2972 of the Code of Virginia, relating to licensed practical nurses; authority to pronounce death.

22102397D

S.B. 176

Patron: Peake

Emergency custody and temporary detention; transportation; transfer of custody. Makes clear that, in cases in which transportation of a person subject to an emergency custody order or temporary detention order is ordered to be provided by an alternative transportation provider, the primary law-enforcement agency that executes the order may transfer custody of the person to the alternative transportation provider immediately upon execution of the order, and that the alternative transportation provider shall maintain custody of the person from the time custody is transferred to the alternative transportation provider by the primary law-enforcement agency until such time as custody of the person is transferred to the community services board or its designee that is responsible for conducting the evaluation or the temporary detention facility, as is appropriate. The bill also adds employees of and persons providing services pursuant to a contract with the Department of Behavioral Health and Developmental Services to the list of individuals who may serve as alternative transportation providers.

A BILL to amend and reenact §§ 37.2-808 and 37.2-810 of the Code of Virginia, relating to emergency custody and temporary detention; transportation; transfer of custody.

22102915D

S.B. 178

Patron: Peake

Public school teachers; probationary term of service, grounds for dismissal, and dismissal hearings. Permits each school board to extend for up to two additional years the three-year probationary term of service that is required for each teacher in the school division before the issuance of a continuing contract and prohibits each school board from reemploying a teacher whose performance evaluation during such probationary period is not satisfactory. The bill provides that, for the purpose of the dismissal of a teacher for cause, the term "incompetency" may be construed to include consistent failure to meet the endorsement requirements for the position or one or more unsatisfactory performance evaluations. The bill also eliminates the option for a school board to conduct a teacher dismissal hearing before a three-member fact-finding panel, requires each such hearing to be set no later than 15 days after the request for the hearing, and reduces from 10 days to five days the minimum period of advance written notice to the teacher of the time and place of such hearing.

A BILL to amend and reenact §§ 22.1-303, 22.1-307, 22.1-311, and 22.1-313 of the Code of Virginia, relating to public school teachers; probationary term of service, grounds for dismissal, and dismissal hearings.

22103200D

S.B. 201

Patron: Favola

Hospitals; financial assistance; payment plans. Requires hospitals to screen every uninsured patient, defined in the bill, to determine the patient's household income and whether the individual is eligible for financial assistance under the hospital's financial assistance plan; provides that no hospital shall require any uninsured patient who is eligible for financial assistance under the hospital's financial assistance plan and determined to have a household income that is less than or equal to 200 percent of the federal poverty level to pay any amount for emergency medical care; requires every hospital to make a payment plan available for every uninsured patient who is determined to be eligible for financial assistance pursuant to the hospital's financial assistance plan and caps such payment at four percent of the patient's monthly household income; prohibits hospitals from engaging in extraordinary collection actions against an uninsured patient who owes a debt for medical services or the estate of a deceased person; and requires hospitals to report data and information regarding charity care, discounted care, and financial assistance provided under the hospital's financial assistance policy to the nonprofit organization with which the Department of Health has entered into a contract for the compilation, storage, analysis, and evaluation of data.

A BILL to amend and reenact § 32.1-276.5 of the Code of Virginia and to amend the Code of Virginia by adding in Article 1 of Chapter 5 of Title 32.1 a section numbered 32.1-137.09, relating to hospitals; financial assistance; payment plans.

22104042D

S.B. 202

Patron: Newman

Study; Secretary of Health and Human Resources and Secretary of Public Safety and Homeland Security; increase use of alternative custody arrangements for individuals subject to an emergency custody or temporary detention order; report. Directs the Secretary of Health and Human Resources, together with the Secretary of Public Safety and Homeland Security, to study options to increase the use of alternative custody arrangements for individuals who are subject to an emergency custody or temporary detention order and to report his findings and recommendations to the Governor and the Chairmen of the House Committees on Appropriations and Health, Welfare and Institutions and the Senate Committees on Education and Health and Finance and Appropriations by October 1, 2022.

A BILL to require the Secretary of Health and Human Resources, together with the Secretary of Public Safety and Homeland Security, to study options to increase the use of alternative custody arrangements for individuals who are subject to an emergency custody or temporary detention order; report.

22103680D

S.B. 205

Patron: Petersen

Certificate of public need; expedited review process. Requires the Department of Health to establish an expedited review process for certain projects involving addition of imaging equipment, addition of a new ambulatory or outpatient surgery center, addition of operating rooms at an existing ambulatory or outpatient surgery center, and addition of psychiatric beds or conversion of existing beds at a medical care facility to psychiatric beds and requires the Board of Health to include in regulations governing the certificate of public need program a provision for the development of review criteria and standards for specific medical care facilities and health care services for each health planning region that take into account the unique needs and characteristics of such region. The bill also amends the definition of "charity care" and defines "health care service" and "indigent."

A BILL to amend and reenact §§ 32.1-102.1 and 32.1-102.2 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 32.1-102.6:2, relating to certificate of public need; expedited review process.

22101209D

S.B. 245

Patron: Hashmi


Public hospitals; medical debt collection practices. Requires the University of Virginia Medical Center (the Medical Center) and the Virginia Commonwealth University Health System Authority (the Authority) to make payment plans available to each person who incurs a debt related to medical treatment. The bill (i) requires that such payment plans be provided in writing and cap monthly payments at no more than five percent of the person's household income, (ii) provides that the first payment under such payment plan shall not be due until a date that is at least 90 days after the date on which treatment was provided or the date on which the person discharged, and (iii) provides that a person who has made at least 10 payments pursuant to the payment plan in a 12-month period shall be deemed to be in compliance with the payment plan. The bill also prohibits the Medical Center and the Authority from charging interest or late fees for medical debt, requires the Medical Center and Authority to make information available in writing in languages other than English spoken in the service area and via oral translation service for other languages, prohibits the Medical Center and the Authority from selling medical debt to any person other than an organization that purchases medical debt for the purpose of paying such debt in full, and requires the Medical Center and the Authority to establish a Financial Assistance Ombudsman Office to assist patients and other persons with issues related to financial assistance, payment plans, and debt collection.

 

A BILL to amend the Code of Virginia by adding in Article 3 of Chapter 22 of Title 23.1 a section numbered 23.1-2213.1 and by adding in Chapter 24 of Title 23.1 a section numbered 23.1-2429, relating to public hospitals; medical debt collection practices.

22103998D

S.B. 265

Patron: Hashmi

Language development for children who are deaf or hard of hearing; assessment resources for parents and educators; advisory committee; report. Requires the Department of Education, in coordination with the Department for the Deaf and Hard-of-Hearing, to (i) select, with input from an advisory committee that the bill establishes, language developmental milestones and include such milestones in a resource for use by parents of a child from birth to age five who is identified as deaf or hard of hearing to monitor and track their child's expressive and receptive language acquisition and developmental stages toward English literacy; (ii) disseminate such resource to such parents; (iii) select existing tools or assessments for educators for use in assessing the language and literacy development of children from birth to age five who are deaf or hard of hearing; (iv) disseminate such tools or assessments to local educational agencies and provide materials and training on their use; and (v) annually produce a report that compares the language and literacy development of children from birth to age five who are deaf or hard of hearing with the language and literacy development of their peers who are not deaf or hard of hearing and make such report available to the public on its website.

A BILL to amend the Code of Virginia by adding a section numbered 22.1-217.04, relating to language development for children who are deaf or hard of hearing; assessment resources for parents and educators; advisory committee; report.

22104072D

S.B. 268

Patron: Favola


Emergency custody and temporary detention; transportation; transfer of custody. Provides that, in cases in which transportation of a person subject to an emergency custody order is ordered to be provided by an alternative transportation provider, the primary law-enforcement agency that executes the order may transfer custody of the person to the alternative transportation provider immediately upon execution of the order, and the alternative transportation provider shall maintain custody of the person from the time custody is transferred to the alternative transportation provider by the primary law-enforcement agency until such time as an evaluation is conducted and custody is transferred pursuant to a temporary detention order or the person is released upon determination the person does not meet the criteria for temporary detention or custody of the person is transferred to the community services board or its designee that is responsible for conducting the evaluation. The bill also provides that in cases in which transportation of a person subject to a temporary detention order is ordered to be provided by an alternative transportation provider, the primary law-enforcement agency that executes the order may transfer custody of the person to the alternative transportation provider immediately upon execution of the order, and that the alternative transportation provider shall maintain custody of the person from the time custody is transferred to the alternative transportation provider by the primary law-enforcement agency until such time as custody of the person is transferred to the temporary detention facility. The bill also adds employees of and persons providing services pursuant to a contract with the Department of Behavioral Health and Developmental Services to the list of individuals who may serve as alternative transportation providers.

A BILL to amend and reenact §§ 37.2-808 and 37.2-810 of the Code of Virginia, relating to emergency custody and temporary detention; transportation; transfer of custody.

22103833D

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. 350

Patron: Surovell

Health records; patient's right to disclosure. Requires a health care entity to include in its disclosure of an individual's health records any changes made to the health records and an audit trail for such records if the individual requests that such information be included in the health records disclosure.

A BILL to amend and reenact §§ 8.01-413 and 32.1-127.1:03 of the Code of Virginia, relating to health records; patient's right to disclosure.

22100066D

S.B. 356

Patron: Stuart

Children's Services Act; special education programs. Expands eligibility for services under the Children's Services Act to students who transfer from an approved private school special education program to a public school special education program established and funded jointly by a local governing body and school division located within Planning District 16 (George Washington Regional) for the purpose of providing special education and related services when (i) the public school special education program is able to provide services comparable to those of an approved private school special education program and (ii) the student would require placement in an approved private school special education program but for the availability of the public school special education program.

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.

22102236D

S.B. 373

Patron: Deeds

Emergency custody; extension; medical testing, observation, or treatment. Provides that a magistrate may, upon the sworn petition of the Commissioner or his designee, issue an order extending an emergency custody order for a period of up to 48 hours upon finding that probable cause exists to believe that the behaviors upon which a finding that the person meets the criteria for emergency custody are the result of a medical or physical condition, including substance intoxication or withdrawal, and that the medical standard of care for such medical or physical condition calls for testing, observation, or treatment to prevent harm to the person resulting from such medical or physical condition. Upon issuance of an order extending the period of emergency custody, the person shall be transported to and detained in an appropriate medical care facility for testing, observation, and treatment.

A BILL to amend and reenact § 37.2-808 of the Code of Virginia, relating to emergency custody; extension; medical testing, observation, or treatment.

22101375D

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. 384

Patron: Dunnavant

Department of Education; Statewide Learning Management System established. Directs the Department of Education to establish the Statewide Learning Management System (VaLMS). The VaLMS shall be available to each public school in the Commonwealth. The bill allows school boards to utilize the VaLMS as an alternative to a multidivision online provider in the provision of virtual school programs.

A BILL to amend the Code of Virginia by adding in Article 1 of Chapter 13 of Title 22.1 a section numbered 22.1-212.2:4, relating to Department of Education; Statewide Learning Management System established.

22104125D

S.B. 406

Patron: Barker

Minimum staffing standards for nursing homes and certified nursing facilities; administrative sanctions; Long-Term Care Services Fund. Requires nursing homes to meet a baseline staffing level based on resident acuity in alignment with the Centers for Medicare and Medicaid Services staffing level recommendations. The bill requires nursing homes to collect and submit to the Department of Health certain data related to staffing. The bill gives the Commissioner of Health the power to impose administrative sanctions on nursing homes and directs the Board of Health to promulgate regulations related to the criteria and procedures for imposition of administrative sanctions or initiation of court proceedings for violations of the bill. The bill provides that nursing homes shall only be subject to administrative sanctions upon initial funding for the state share of the cost to implement the provisions of the bill. The bill establishes the Long-Term Care Services Fund for the purpose of making grants to assist in the provision of activities that protect or improve the quality of care or quality of life for residents, patients, and consumers of long-term care services.

A BILL to amend and reenact §§ 32.1-27.1 and 32.1-127 of the Code of Virginia and to amend the Code of Virginia by adding sections numbered 32.1-11.6:1 and 32.1-27.2, relating to minimum staffing standards for nursing homes and certified nursing facilities; administrative sanctions; Long-Term Care Services Fund established.

22103793D

S.B. 414

Patron: Kiggans

Nurse practitioners; patient care team physician supervision capacity increased. Increases from six to 10 the number of nurse practitioners a patient care team physician may supervise at any one time in accordance with a written or electronic practice agreement.

A BILL to amend and reenact § 54.1-2957.01 of the Code of Virginia, relating to nurse practitioners; patient care team physician supervision capacity increased.

22100912D

S.B. 415

Patron: DeSteph

School boards; school resource officers; employment; threat assessment. Requires each school board to enter into a collaborative agreement with the local law-enforcement agency to employ at least one school resource officer in each public elementary and secondary school in the local school division. The bill provides that no school board shall be granted any full or partial waiver from such staffing requirements and that no school board that fails to fully comply with such staffing requirements is eligible for any grant or waiver from the Commonwealth, Board of Education, or Department of Education. The bill also requires each division superintendent to include on the threat assessment team established for each public elementary and secondary school in the local school division at least one school resource officer employed in the school.

A BILL to amend and reenact §§ 9.1-110, 22.1-79.4, 22.1-253.13:2, and 22.1-280.2:3 of the Code of Virginia, relating to school boards; school resource officers; employment; threat assessment.

22104064D

S.B. 429

Patron: Dunnavant


Department of Behavioral Health and Developmental Services; Department of State Police; mobile applications; mental health and public safety. Requires the Department of Behavioral Health and Developmental Services (DBHDS) to develop or obtain a mental health mobile application for suicide prevention and the provision of educational materials related to suicide prevention. The bill requires the mobile application to provide a means to directly connect to the 988 Suicide Prevention Lifeline. The bill directs the Secretary of Health and Human Resources and the Secretary of Education to promote, market, and advertise the use of such application using existing resources. The bill also requires the Department of State Police, in coordination with the Virginia Fusion Intelligence Center, to (i) develop or obtain a public safety mobile application to enable individuals in the Commonwealth to furnish confidential tips to the Department of State Police through text, audio, images, or video concerning a suspected, anticipated, or completed criminal violation or a school-related safety concern and (ii) develop a referral system to ensure that such confidential tips are referred to the appropriate law-enforcement agency, school board, threat assessment team, or other relevant entity. The bill directs the Secretary of Public Safety and Homeland Security to promote, market, and advertise the use of such application using existing resources. The provisions of the bill related to an application developed by DBHDS have a delayed effective date of July 1, 2023.

A BILL to amend the Code of Virginia by adding a section numbered 37.2-312.3 and by adding in Chapter 11 of Title 52 a section numbered 52-49.1, relating to the Department of Behavioral Health and Developmental Services and the Department of State Police; mobile applications; mental health and public safety.

22101433D

S.B. 430

Patron: Dunnavant

Department of Education; assessing individual student growth. Requires the Department of Education to create or request proposals for a system for value-added modeling to assess growth of students in public schools. The bill requires each school board in the Commonwealth to, upon the creation of such system, implement the system and make reports made by the system available to parents or guardians for their child's report and the Department.

A BILL to require the Department of Education to create or request proposals for a system for value-added modeling to assess growth of students in public schools and to require each school board to implement such system.

22104126D

S.B. 431

Patron: Dunnavant

Board of Education; COVID-19; test-to-stay guidelines. Requires the Board of Education, in collaboration with the Department of Health, to (i) recommend as best practice the shortest duration of quarantine possible, as recommended by the Centers for Disease Control and Prevention, for students and employees at public schools who contract COVID-19 and (ii) develop test-to-stay guidelines for such schools and recommend such guidelines to schools for use as an alternative to quarantine for students and employees who contract COVID-19. The bill also provides that all guidelines established pursuant to the bill shall be immediately distributed to local school boards and shall reflect the most updated recommendations from the Centers for Disease Control and Prevention to limit the amount of time out of the classroom to be as short as possible, including no quarantine, as recommended for asymptomatic individuals who have been fully vaccinated either within six months or have a boosted vaccination status. The bill contains an emergency clause.

A BILL to direct the Board of Education to recommend as best practice the shortest duration of quarantine possible for students and employees who contract COVID-19 and to develop and recommend to schools test-to-stay guidelines for use as an alternative to quarantine for students and employees who contract COVID-19.

22104124D

EMERGENCY

S.B. 448

Patron: Boysko

Hospital regulations; policies and procedures related to victims of domestic violence and sexual assault. Requires hospitals to develop and implement written policies and procedures related to the screening and treatment of victims of domestic violence and sexual assault.

A BILL to amend and reenact § 32.1-127 of the Code of Virginia, relating to hospital regulations; policies and procedures related to victims of domestic violence and sexual assault.

22103845D

S.B. 456

Patron: Locke

Board of Medicine; implicit bias and cultural competency. Requires all practitioners licensed by the Board of Medicine to complete two hours of continuing education in each biennium on topics related to implicit bias and cultural competency.

A BILL to amend and reenact § 54.1-2912.1, as it is currently effective and as it shall become effective, of the Code of Virginia, relating to Board of Medicine; implicit bias and cultural competency.

22103132D

S.B. 458

Patron: Chase

Employers; institutions of higher education; localities; public schools; face coverings. Prohibits any locality, institution of higher education, employer, school board, division superintendent, school principal, or private school from adopting, implementing, or enforcing any policy, rule, or order related to COVID-19 that requires individuals to wear a face covering.

A BILL to amend the Code of Virginia by adding sections numbered 15.2-1413.1, 22.1-6.2, 23.1-801.1, and 40.1-27.5, relating to employers; institutions of higher education; localities; public schools; face coverings.

22104211D

S.B. 481

Patron: McClellan

School boards and local governing bodies; unexpended local funds; school maintenance, renovation, and construction. Encourages each school board to enter into a collaborative agreement with the local governing body to set aside in a separate fund any sums appropriated to the school board by the local governing body that are unexpended by the school board in any year in order to use such sums to finance school maintenance, renovation, or construction in the local school division. The bill declares any school board that fails to enter into such a collaborative agreement ineligible to participate in any state grant, loan, or bond program that supports school maintenance, renovation, or construction. This bill is a recommendation of the Commission on School Construction and Modernization.

A BILL to amend and reenact §§ 22.1-100 and 22.1-100.1 of the Code of Virginia, relating to school boards and local governing bodies; unexpended local funds; school maintenance, renovation, and construction.

22104215D

S.B. 484

Patron: McClellan


Comprehensive children's health care coverage program. Directs the Department of Medical Assistance Services (the Department) to establish a program to provide state-funded comprehensive health care coverage for individuals in the Commonwealth who (i) are under 19 years of age, (ii) are not covered under a group health plan or health insurance coverage, and (iii) but for their immigration status would be eligible for medical assistance services through the Commonwealth's program of medical assistance services established pursuant to Title XIX or XXI of the Social Security Act. The bill also requires the Department to ensure that all program information is made available in a manner that is accessible to individuals with limited English proficiency through the provision of language access services, including oral interpretation and written translations, free of charge, and to ensure that information obtained by the program remains confidential and is not disclosed for any purpose not related to the administration of the program or any purpose related to civil immigration enforcement unless the subject of the information consents to such disclosure or the requesting agency presents a valid judicial order, subpoena, or warrant.

The bill also requires the Department to establish a workgroup composed of individuals with experience conducting outreach to individuals who are eligible for the program established by the bill to advise and assist the Department in carrying out marketing and outreach activities required by the bill, and to seek all federal waivers and other approvals necessary to maximize federal financial participation in the cost of carrying out the program established by the bill.

A BILL to amend the Code of Virginia by adding in Title 32.1 a chapter numbered 13.01, consisting of a section numbered 32.1-353.01, relating to comprehensive children's health care coverage program.

22103994D

S.B. 490

Patron: McClellan


Standards of Quality; work-based learning; teacher leaders and mentors; principal mentors; certain personnel positions and initiatives. Makes several changes to the Standards of Quality, including requiring the establishment of units in the Department of Education to oversee work-based learning and principal mentorship statewide and requiring the Board of Education to establish and oversee the local implementation of teacher leader and teacher mentor programs in Standard 5. The bill also makes several changes relating to school personnel in Standard 2, including (i) establishing schoolwide ratios of students to teachers in certain schools with high concentrations of poverty and granting flexibility to provide compensation adjustments to teachers in such schools; (ii) requiring each school board to assign licensed personnel in a manner that provides an equitable distribution of experienced, effective teachers and other personnel among all schools in the local school division; (iii) requiring each school board to employ teacher leaders and teacher mentors at specified student-to-position ratios; (iv) requiring state funding in addition to basic aid to support at-risk students and granting flexibility in the use of such funds by school boards; (v) lowering the ratio of English language learner students to teachers; (vi) requiring each school board to employ reading specialists and establishing a student-to-position ratio for such specialists; (vii) requiring school boards to employ one full-time principal in each elementary school; (viii) lowering the ratio of students to assistant principals and school counselors in elementary, middle, and high schools; and (ix) increasing from at least three to at least four the required number of specialized student support positions, including school social workers, school psychologists, school nurses, licensed behavior analysts, licensed assistant behavior analysts, and other licensed health and behavioral positions, per 1,000 students.

A BILL to amend and reenact §§ 22.1-129, 22.1-199.1, 22.1-253.13:1, 22.1-253.13:2, 22.1-253.13:3, 22.1-253.13:5, 22.1-274, 22.1-274.01:1, 22.1-294, 22.1-303, and 51.1-617 of the Code of Virginia and to repeal § 22.1-305.1 of the Code of Virginia, relating to the Standards of Quality; work-based learning; teacher leaders and mentors; principal mentors; certain personnel positions and initiatives.

22102879D

S.B. 542

Patron: Marsden

Board of Pharmacy; written certification for the use of cannabis products. Requires the Board of Pharmacy to provide a form for practitioners to issue as written certification for the use of cannabis products. Current law requires the Office of the Executive Secretary of the Supreme Court to provide the form.

A BILL to amend and reenact § 54.1-3408.3 of the Code of Virginia, relating to Board of Pharmacy; written certification for the use of cannabis products.

22103682D

S.B. 570

Patron: Kiggans

Public elementary and secondary schools; curricula and instruction including inherently divisive concepts prohibited. Requires each public elementary or secondary school principal to ensure that no curriculum utilized or instruction delivered in the school includes inherently divisive concepts, as that term is defined in the bill, regardless of whether such curriculum or instruction is provided by a school board employee or any other individual or entity.

A BILL to amend the Code of Virginia by adding a section numbered 22.1-208.03, relating to public elementary and secondary schools; curricula and instruction including inherently divisive concepts prohibited.

22103754D

S.B. 593

Patron: Newman


Custody and transportation of persons subject to emergency custody or temporary detention order; alternative custody; auxiliary police officers. Provides that auxiliary police officers may execute emergency custody orders and provide transportation for a person subject to an emergency custody or temporary detention order; adds an employee or designee of the Department of Behavioral Health and Developmental Services to the list of persons who may provide alternative transportation of a person who is subject to an emergency custody or temporary detention order, and provides that, in cases in which transportation of a person subject to an emergency custody order or temporary detention order is ordered to be provided by an alternative transportation provider, the primary law-enforcement agency that executes the order may transfer custody of the person to the alternative transportation provider immediately upon execution of the order, and that the alternative transportation provider shall maintain custody of the person from the time custody is transferred to the alternative transportation provider by the primary law-enforcement agency until such time as custody of the person is transferred to the community services board or its designee that is responsible for conducting the evaluation or the temporary detention facility, as is appropriate. The bill also directs the Department of Criminal Justice Services to establish compulsory minimum training standards for auxiliary police officers who are called into service solely for the purpose of executing emergency custody orders and providing transportation for such person subject to an emergency custody order or to provide transportation for a person in the temporary detention process.

A BILL to amend and reenact §§ 15.2-1731, 15.2-1734, 15.2-1735, 15.2-1736, 37.2-808, and 37.2-810 of the Code of Virginia, relating to custody and transportation of persons subject to emergency custody orders or temporary detention process; alternative custody; auxiliary police officers.

22104326D

S.B. 598

Patron: Pillion

College partnership laboratory schools; application and establishment. Permits any public institution of higher education, private institution of higher education, or private business to apply to the Board of Education (the Board) to establish a college partnership laboratory school as a new school or through the conversion of all or part of an existing school. Under current law, only public and private institutions of higher education that operate approved teacher education programs are permitted to apply to the Board to establish such a school and no explicit provision is made for the conversion of an existing school. The bill requires the Board, in reviewing such applications, to give substantial preference to any application from a historically black college or university and any application to establish a college partnership laboratory school in an underserved community, which the bill defines as a geographical area that is served by public schools in which a high percentage of students are eligible to receive free or reduced-price lunch, as determined by the Board.

A BILL to amend and reenact §§ 22.1-349.1, 22.1-349.5, 22.1-349.6, 22.1-349.9, 22.1-349.10, and 22.1-349.11, of the Code of Virginia, relating to college partnership laboratory schools; application and establishment.

22104003D

S.B. 600

Patron: Pillion

School safety audits; law-enforcement officers. Requires each local school board to require its schools to fully collaborate with the chief law-enforcement officer of the locality or his designee when conducting required school safety audits. Under current law, the division superintendent is required to make the results of such audits available to the chief law-enforcement officer upon request, and his approval is not needed. The bill also requires that the completed walk-through checklist using the standardized checklist provided by the Virginia Center for School and Campus Safety be made available to the chief law-enforcement officer of the locality or his designee. Current law requires that the completed walk-through checklist be made available to the chief law-enforcement officer or his designee upon request.

A BILL to amend and reenact § 22.1-279.8 of the Code of Virginia, relating to school safety audits; law-enforcement officers.

22103761D

S.B. 603

Patron: Stanley

Board of Education; standards for the maintenance and operations, renovation, and new construction of public elementary and secondary school buildings. Requires the Board of Education (the Board) to make recommendations to the General Assembly for amendments to the Standards of Quality to establish standards for the maintenance and operations, renovation, and new construction of public elementary and secondary school buildings. The bill requires such recommendations to include standards for the percentage of the current replacement value of a public school building that a school board should budget for the maintenance and operations of the building and such other standards as the Board deems appropriate. The bill also requires the Board to solicit the input of relevant stakeholders and the public in developing such recommendations. Finally, the bill requires the Board to submit its recommendations to the Chairmen of the House Committee on Education and the Senate Committee on Education and Health no later than December 1, 2022. This bill is a recommendation of the Commission on School Construction and Modernization.

A BILL to require the Board of Education to make recommendations to the General Assembly for amendments to the Standards of Quality to establish standards for the maintenance and operations, renovation, and new construction of public elementary and secondary school buildings.

22104287D

S.B. 628

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.

22102570D

S.B. 641

Patron: Morrissey

Department of Behavioral Health and Developmental Services; Early Psychosis Intervention and Coordinated Specialty Care Program Advisory Board established. Establishes the Early Psychosis Intervention and Coordinated Specialty Care Program Advisory Board for the purpose of assisting the Department of Behavioral Health and Developmental Services in expanding the provision of high-quality, evidence-based early psychosis and mood disorder detection and intervention services.

A BILL to amend the Code of Virginia by adding a section numbered 37.2-313.2, relating to Department of Behavioral Health and Developmental Services; Early Psychosis Intervention and Coordinated Specialty Care Advisory Board established.

22104318D

S.B. 650

Patron: Hanger

Emergency custody and temporary detention; hospitals and providers of behavioral health services; acceptance of custody. Requires every hospital with an emergency department to employ sufficient security staff to be able to accept custody of a person who is subject to emergency custody or temporary detention and who is transported to such hospital by a law-enforcement officer or receiving services at such hospital and requires every provider of behavioral health services licensed by the Department of Behavioral Health and Developmental Services to a person who is subject to emergency custody and may be transported for the required evaluation to (i) be licensed to provide the level of security necessary to protect both the person and others from harm, and actually capable of providing the level of security necessary to protect the person and others from harm, and (ii) accept custody of every person transported to such provider for evaluation by law enforcement.

A BILL to amend and reenact §§ 32.1-127 and 37.2-808 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 37.2-421.2, relating to emergency custody and temporary detention; hospitals and providers of behavioral health services; acceptance of custody.

22103826D

S.B. 656

Patron: Dunnavant

Board of Education; policy on sexually explicit instructional material. Requires the Board of Education to establish, and each local school board to comply with, a policy to require each public elementary or secondary school to (i) notify the parent of any student whose teacher reasonably expects to provide instructional material that includes sexually explicit content, (ii) permit the parent of any student to review instructional material that includes sexually explicit content upon request, and (iii) provide, as an alternative to instructional material and related academic activities that include sexually explicit content, nonexplicit instructional material and related academic activities to any student whose parent so requests.

A BILL to amend the Code of Virginia by adding a section numbered 22.1-16.8, relating to the Board of Education; policy on sexually explicit instructional material.

22100756D

S.B. 662

Patron: Lucas

Department of Education; School Quality Profiles; teacher data. Requires the Department of Education to include on each School Quality Profile data on teachers' race and proficiency in any language other than English.

A BILL to require the Department of Education to include certain data on School Quality Profiles.

22104335D

S.B. 663

Patron: Stanley

State plan for medical assistance services; provision for payment of telemedicine services facilitated by emergency medical services. Directs the Board of Health to amend the state plan for medical assistance services to include a provision for the payment of the originating site fee to emergency medical service agencies for facilitating synchronous telehealth visits with a distant site provider delivered to a Medicaid member. The bill defines "originating site" as any location where the patient is located, including any medical care facility or office of a health care provider, the home of the patient, the patient's place of employment, or any public or private primary or secondary school or postsecondary institution of higher education at which the person to whom telemedicine services are provided is located.

A BILL to amend and reenact § 32.1-325 of the Code of Virginia, relating to state plan for medical assistance services; provision for payment of telemedicine services facilitated by emergency medical services.

22104431D

S.B. 667

Patron: Hashmi

Innovative Internship Program; Virginia Office of Education Economics. Directs the State Council of Higher Education for Virginia to partner with the Virginia Office of Education Economics to collect and utilize data that includes the gaps that are most significant in hindering the Commonwealth from achieving its goals that its funds are intended to accomplish under the Innovative Internship Program, and provides other directives to the Council and the Office to collaborate on and accomplish for the Innovative Internship Program.

A BILL to amend and reenact § 23.1-903.4 of the Code of Virginia, relating to Innovative Internship Program; Virginia Office of Education Economics.

22104777D

S.B. 668

Patron: Hashmi


Death with Dignity Act; penalties. Allows an adult who has been determined by an attending physician and consulting physician to be suffering from a terminal condition to request medication for the purpose of ending his life in a humane and dignified manner. The bill requires that a patient's request for medication to end his life be given orally on two occasions, that such request be in writing, signed by the patient and two witnesses, and that the patient be given an express opportunity to rescind his request. The bill requires that before a patient is prescribed medication to end his life, the attending physician must (i) confirm that the patient is making an informed decision; (ii) refer the patient to a capacity reviewer if the physician is uncertain as to whether the patient is making an informed decision; (iii) refer the patient to a consulting physician for confirmation or rejection of the attending physician's diagnosis; and (iv) inform the patient that he may rescind the request at any time. The bill provides that neither a patient's request for medication to end his life in a humane and dignified manner nor his act of ingesting such medication shall have any effect upon a life, health, or accident insurance policy or an annuity contract. The bill makes it a Class 2 felony (a) to willfully and deliberately alter, forge, conceal, or destroy a patient's request, or rescission of request, for medication to end his life with the intent and effect of causing the patient's death or (b) to coerce, intimidate, or exert undue influence on a patient to request medication for the purpose of ending his life or to destroy the patient's rescission of such request with the intent and effect of causing the patient's death. Finally, the bill grants immunity from civil or criminal liability and professional disciplinary action to any person who complies with the provisions of the bill and allows health care providers to refuse to participate in the provision of medication to a patient for the purpose of ending the patient's life.

A BILL to amend and reenact § 8.01-622.1 of the Code of Virginia and to amend the Code of Virginia by adding in Chapter 29 of Title 54.1 an article numbered 11, consisting of sections numbered 54.1-2999 through 54.1-2999.8, relating to Death with Dignity Act; penalties.

22103583D

S.B. 670

Patron: Hashmi

Board of Medicine; implicit bias and cultural competency. Requires all practitioners licensed by the Board of Medicine to complete two hours of continuing education in each biennium on topics related to implicit bias and cultural competency.

A BILL to amend and reenact § 54.1-2912.1, as it is currently effective and as it shall become effective, of the Code of Virginia, relating to Board of Medicine; implicit bias and cultural competency.

22103310D

S.B. 682

Patron: Deeds

Temporary detention; alternative custody. Provides that if the facility indicated on a temporary detention order is a state facility, no bed for the person detained or in custody pursuant to the temporary detention order is immediately available at such state facility, and an employee or designee of such state facility is available to take custody of such person, such employee or designee of the state facility may assume custody of such person wherever such person is located and maintain custody of such person and transport such person to such state facility or to an alternative facility of temporary detention. The bill also provides that a person who is an inmate who is subject to an order authorizing treatment shall remain in law-enforcement custody at all times prior to admission to the facility designated for treatment of the person pursuant to such order.

A BILL to amend and reenact §§ 37.2-809 and 37.2-809.1 of the Code of Virginia, relating to temporary detention; alternative custody.

22103613D

S.B. 685

Patron: Mason

Advanced Manufacturing Talent Investment Program and Fund. Creates the Advanced Manufacturing Talent Investment Program and Fund to assist qualified institutions, as defined in the bill, in reaching, by 2042, a goal of increasing by at least 25,000 new eligible credentials, which are noncredit workforce credentials awarded by a qualified institution in a high demand advanced manufacturing field as identified by the Board of Workforce Development. To be eligible for an annual grant, a qualified institution is required to enter into a memorandum of understanding setting forth specific criteria for eligible credentials, eligible expenses, credential production goals, and completion rates.

A BILL to amend the Code of Virginia by adding in Title 23.1 a chapter numbered 12.2, consisting of sections numbered 23.1-1244 through 23.1-1248, relating to Advanced Manufacturing Talent Investment Program and Fund.

22102566D

S.B. 711

Patron: Chase

Prescriptions; off-label use. Provides that a licensed health care provider with prescriptive authority may prescribe, administer, or dispense a drug that has been approved for a specific use by the U.S. Food and Drug Administration for an off-label use when the health care provider determines, in his professional judgment, that such off-label use is appropriate for the care and treatment of the patient and prohibits a pharmacist from refusing to dispense a drug for off-label use if a valid prescription is presented.

A BILL to amend the Code of Virginia by adding sections numbered 54.1-2971.02 and 54.1-3408.6, relating to prescriptions; off-label use.

22104615D

S.B. 714

Patron: Deeds

Department of Behavioral Health and Developmental Services; voluntary mental health check-in option as part of the comprehensive crisis system; report. Directs the Department of Behavioral Health and Developmental Services to implement a voluntary mental health check-in option as part of the comprehensive crisis system and to report by November 1, 2022, to the Governor and the Chairmen of the House Committees on Appropriations and Health, Welfare and Institutions and the Senate Committees on Education and Health and Finance and Appropriations regarding its progress in implementing such program.

A BILL to require the Department of Behavioral Health and Developmental Services to implement a voluntary mental health check-in option as part of the comprehensive crisis system; report.

22104523D

S.B. 717

Patron: Reeves

Public institutions of higher education; foreign governments; programs and grants. Prohibits employees at public institutions of higher education in the Commonwealth from participating in Chinese-sponsored talent recruitment programs or receiving Chinese-funded grants. The bill also requires each employee at such institutions to disclose to the Council all financial payments received from foreign governments.

A BILL to amend the Code of Virginia by adding in Article 2 of Chapter 1 of Title 23.1 a section numbered 23.1-111, relating to public institutions of higher education; foreign governments; programs and grants.

22103971D

S.B. 724

Patron: Pillion

School boards; broadband; annual report. Requires each school board to submit an annual report to the Virginia Department of Education and the Virginia Department of Housing and Community Development that lists each student's 9-1-1 address that does not have broadband service, as defined by the Federal Communications Commission, to the home beginning in the fall of 2022 through the 2025 school year.

A BILL to require each school board to submit an annual report to the Virginia Department of Education and the Virginia Department of Housing and Community Development listing each student's 9-1-1 address that does not have broadband service to the home beginning in the fall of 2022 through the 2025 school year.

22103409D

S.B. 737

Patron: Boysko

Early childhood care and education entities; administration of epinephrine. Requires the Board of Education to amend its regulations to require each early childhood care and education entity to implement policies for the possession and administration of epinephrine in every such entity, to be administered by any nurse at the entity, employee at the entity, or employee of a local health department who is authorized by a prescriber and trained in the administration of epinephrine to any child believed to be having an anaphylactic reaction. The bill mandates that such policies shall require that at least one school nurse, employee at the entity, or employee of a local health department who is authorized by a prescriber and trained in the administration of epinephrine has the means to access at all times during regular facility hours any such epinephrine that is stored in a locked or otherwise generally inaccessible container or area. This bill shall be known as Elijah's Law.

A BILL to amend and reenact §§ 8.01-225, as it is currently effective and as it shall become effective, and 54.1-3408 of the Code of Virginia and to amend the Code of Virginia by adding in Article 8 of Chapter 14.1 of Title 22.1 a section numbered 22.1-289.059, relating to early childhood care and education entities; administration of epinephrine.

22103738D

S.B. 739

Patron: Dunnavant

Public elementary and secondary schools and public school-based early childhood care and education programs; student instruction. Requires, except in the case of the 10 unscheduled remote learning days otherwise permitted by law, each school board to offer in-person instruction, as defined in the bill, to each student enrolled in the local school division in a public elementary or secondary school for at least the minimum number of required annual instructional hours and to each student enrolled in the local school division in a public school-based early childhood care and education program for the entirety of the instructional time provided pursuant to such program.

A BILL to amend the Code of Virginia by adding a section numbered 22.1-2.1, relating to public elementary and secondary schools and public school-based early childhood care and education programs; student instruction.

22104603D

S.B. 750

Patron: Dunnavant

Behavioral Health Hospital Authority; established. Creates the Behavioral Health Hospital Authority (the Authority) as an independent political subdivision of the Commonwealth, to control the delivery, financing, utilization, and health outcomes of public acute inpatient psychiatric services in the Commonwealth, and transfers responsibility for the Commonwealth's state hospitals for individuals with mental illness from the Department of Behavioral Health and Developmental Services to the Authority.

A BILL to amend and reenact §§ 2.2-212, 2.2-309.1, 2.2-507, 2.2-1124, 2.2-1839, 2.2-2818, 2.2-2905, 2.2-3114, 16.1-346.1, 19.2-316, 19.2-389 , 22.1-7, 22.1-215, 25.1-100, 29.1-313, 32.1-59, 32.1-283, 37.2-100, 37.2-201, 37.2-203, 37.2-304, 37.2-306, 37.2-308.1, 37.2-312, 37.2-314, 37.2-314.1, 37.2-317, 37.2-511, 37.2-700 through 37.2-721, 37.2-805, 37.2-805.1, 37.2-809, 37.2-809.1, 37.2-824, 37.2-826, 37.2-828, 37.2-834, 37.2-837, 37.2-840, 37.2-841, 40.1-28.9, 46.2-1229, 64.2-2000, and 64.2-2028 of the Code of Virginia; to amend the Code of Virginia by adding in Title 37.2 a chapter numbered 12, consisting of sections numbered 37.2-1200 through 37.2-1209; and to repeal § 37.2-316 of the Code of Virginia, relating to the Behavioral Health Hospital Authority; established.

22104520D

S.B. 751

Patron: Dunnavant

Standardized Health Care Academy Program; established. Establishes the Standardized Health Care Academy Program for the purpose of providing training and opportunities to high school students in health care professional programs that are offered by associate-degree-granting public institutions of higher education. The bill directs the State Board for Community Colleges to establish the Program and work with the Department of Education in setting out parameters for the Program.

A BILL to amend the Code of Virginia by adding a section numbered 23.1-2911.3, relating to Standardized Health Care Academy Program; established.

22104534D

S.B. 760

Patron: Suetterlein

Department of Education; task bank for performance-based assessments. Requires the Department of Education to develop a task bank for performance-based assessments that is built using vetted tasks that have been developed by practitioners and aligns with (i) the Department's Virginia Quality Criteria Review Tool for Performance Assessments, (ii) the content in the standards of quality, and (iii) the skills in the Profile of a Graduate. The bill provides that school divisions may select tasks from the task bank.

A BILL to require the Department of Education to develop a task bank for performance-based assessments that is built using vetted tasks that have been developed by practitioners.

22104569D

S.B. 766

Patron: Kiggans

Schools; athletics; participation in female sports; civil cause of action. Requires each elementary or secondary school or a private school that competes in sponsored athletic events against such public schools to designate athletic teams, whether a school athletic team or an intramural team sponsored by such school, based on biological sex as follows: (i) "males," "men," or "boys"; (ii) "females," "women," or "girls"; or (iii) "coed" or "mixed." Under the bill, male students are not permitted to participate on any school athletic team or squad designated for "females," "women," or "girls"; however, this provision does not apply to physical education classes at schools. The bill provides civil penalties for students and schools that suffer harm as a result of a violation of the bill. Such civil actions are required to be initiated within two years after the harm occurred.

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

22103466D

S.B. 768

Patron: Reeves

Virginia Military Survivors and Dependents Education Program.

A BILL to amend and reenact § 23.1-608 of the Code of Virginia, relating to Virginia Military Survivors and Dependents Education Program.

22104975D