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2023 SESSION

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Senate Committee on Education and Health

Chair: L. Louise Lucas

Clerk: Hobie Lehman, Basit Khan
Staff: J. Bergamini, J. Carlton
Date of Meeting: January 26, 2023
Time and Place: 8 AM / Senate Room A
Updated to add SBs 1076, 1257, and 1268

S.B. 808

Patron: Favola

Temporary detention in hospital for testing, observation, or treatment; mental or physical conditions resulting from intoxication. Clarifies that in the case where a mental or physical condition is a result of intoxication, a licensed physician who has attempted to obtain informed consent of an adult person for treatment of such mental or physical condition resulting from intoxication may seek an order from the magistrate or court in the jurisdiction where the respondent is located authorizing temporary detention of the adult person in a hospital emergency department or other appropriate facility for testing, observation, or treatment, provided that certain conditions are met.

A BILL to amend and reenact § 37.2-1104 of the Code of Virginia, relating to temporary detention in hospital for testing, observation, or treatment; mental or physical conditions resulting from intoxication.

23101623D

S.B. 823

Patron: Chase

Parental Choice Education Savings Accounts. Permits the parent of a public preschool, elementary, or secondary school student who meets certain criteria to apply to the school division in which the student resides for a one-year, renewable Parental Choice Education Savings Account that consists of an amount that is equivalent to a certain percentage of all applicable annual Standards of Quality per pupil state funds appropriated for public school purposes and apportioned to the resident school division in which the student resides, including the per pupil share of state sales tax funding in basic aid and any state per pupil share of special education funding to which the student is eligible. The bill permits the parent to use the moneys in such account for certain education-related expenses of the student, including tuition, deposits, fees, and required textbooks at a private, sectarian or nonsectarian elementary or secondary school or preschool that is located in the Commonwealth and does not discriminate on the basis of race, color, or national origin. The bill also contains provisions relating to auditing, rescinding, and reviewing expenses made from such accounts.

A BILL to amend the Code of Virginia by adding in Chapter 13 of Title 22.1 an article numbered 2.1, consisting of sections numbered 22.1-222.1 through 22.1-222.5, relating to Parental Choice Education Savings Accounts.

23102168D

S.B. 856

Patron: Spruill

Public elementary and secondary schools; comprehensive school counseling program; development and implementation. Requires each local school board to develop and implement a written plan for a comprehensive school counseling program for the purpose of providing support that meets the mental and emotional health needs of all students and guiding students in academic progress, postsecondary planning, and social-emotional learning. The bill requires each local school board to develop and implement such written plan by the beginning of the 2024 - 2025 school year.

A BILL to amend the Code of Virginia by adding a section numbered 22.1-209.001, relating to public elementary and secondary schools; comprehensive school counseling program; development and implementation.

23102398D

S.B. 872

Patron: Newman

Emergency custody; temporary detention; alternative transportation. Requires magistrates to authorize alternative transportation if a person subject to an emergency custody order or temporary detention order is deemed to not be a danger to himself or others and appropriate alternative transportation is available.

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

23103084D

S.B. 890

Patron: Hashmi

Veterans' Teaching Licensure Support Fund and Program; established. Establishes the Veterans' Teaching Licensure Support Fund and Program for the purpose of supporting veterans and service members teaching in a public school in the Commonwealth or pursuing a career in education in the Commonwealth by awarding a reimbursement grant to eligible veterans and service members to reimburse them for their professional studies tuition expenses incurred toward receiving teacher licensure in the Commonwealth.

A BILL to amend the Code of Virginia by adding a section numbered 22.1-299.9, relating to  Veterans' Teaching Licensure Support Fund and Program; established.

23101996D

S.B. 910

Patron: Newman

Public institutions of higher education; threat assessment teams; powers and duties. Requires each threat assessment team at each public institution of higher education, upon a preliminary determination that an individual poses an articulable  and significant threat of violence to others, to (i) obtain criminal history record information and health records for such individual, (ii) notify the campus police department, local law enforcement, and the local attorney for the Commonwealth in writing within 24 hours of obtaining such criminal history record information and health records, and (iii) disclose any specific threat of violence posed by the individual as part of such notification. The bill permits each such threat assessment team to invite non-member representatives from campus to participate in individual cases and specifies that no such representative shall be considered a member of the threat assessment team. The bill requires each threat assessment team member to complete an annual threat assessment training conducted by the Department of Criminal Justice Services or an independent entity approved by the Department. The bill also provides that in the event that a public institution of higher education has knowledge that a student who was determined pursuant to an investigation by the institution's threat assessment team to pose an articulable and significant threat of violence to others is transferring to another institution of higher education, the public institution of higher education from which the student is transferring shall notify the institution of higher education to which the student is transferring of such investigation and determination. Finally, the bill requires the Secretary of Education and Secretary of Public Safety and Homeland Security to convene a task force to determine best practices and develop model policies and procedures for all threat assessment teams at public institutions of higher education and consider and make legislative recommendations on the appropriate qualifications of members of such threat assessment. The task force is required to submit its findings to the Governor and Chairmen of the House Committee for Courts of Justice, the Senate Committee on the Judiciary, the House Committee on Education, and the Senate Committee on Education and Health no later than December 1, 2023.

A BILL to amend and reenact § 23.1-805 of the Code of Virginia, relating to public institutions of higher education; threat assessment teams; powers and duties.

23103510D

S.B. 930

Patron: Hashmi

Health care; decision making; end of life; penalties. Allows an adult diagnosed with a terminal condition to request and an attending health care provider to prescribe a self-administered controlled substance for the purpose of ending the patient's life in a humane and dignified manner. The bill requires that a patient's request for a self-administered controlled substance to end his life must be given orally on two occasions and in writing, signed by the patient and one witness, and that the patient be given an express opportunity to rescind his request at any time. The bill makes it a Class 2 felony (i) to willfully and deliberately alter, forge, conceal, or destroy a patient's request, or rescission of request, for a self-administered controlled substance to end his life with the intent and effect of causing the patient's death; (ii) to coerce, intimidate, or exert undue influence on a patient to request a self-administered controlled substance 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; or (iii) to coerce, intimidate, or exert undue influence on a patient to forgo a self-administered controlled substance for the purpose of ending the patient's life. The bill also 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 a self-administered controlled substance 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 54.1-2999.9, relating to health care; decision making; end of life; penalties.

23101664D

S.B. 935

Patron: Hashmi

Teachers; development of a teacher licensure website and licensure application portal. Directs the Department of Education to develop and maintain an easily accessible and streamlined website to provide clarification on teacher licensure and endorsement requirements, including information on specific requirements and certification credentials based on the specific type of licensure or endorsement. The bill also directs the Department to develop and maintain a teacher licensure application portal to integrate all forms and payment required for licensure and that includes (i) a feature enabling any teacher to track his progress in earning professional development points, completing licensure renewal requirements, and fulfilling any additional credentialing or endorsement options offered by the Board of Education and (ii) options for sharing and sending any application documents and forms to allow Educator Preparation Programs or division leadership to review and approve such documents and forms prior to the Department review process.

A BILL to amend the Code of Virginia by adding a section numbered 22.1-298.1:1, relating to teachers; development of a teacher licensure website and licensure application portal.

23102025D

S.B. 970

Patron: Mason

Department of Health Professions; applications for licensure, certification, and registration; mental health conditions and impairment; emergency. Directs the Department of Health Professions to amend its licensure, certification, and registration applications to remove any existing questions pertaining to mental health conditions and impairment to and include the following questions: (i) Do you have any reason to believe that you would pose a risk to the safety or well-being of your patients or clients?; and (ii) Are you able to perform the essential functions of a practitioner in your area of practice with or without reasonable accommodation? The bill contains an emergency clause.

A BILL to direct the Department of Health Professions to amend language related to mental health conditions and impairment in licensure, certification, and registration applications; emergency.

23102876D

S.B. 991

Patron: Peake

Public institutions of higher education; immunization requirements. Declares that the General Assembly has the sole authority to impose immunization requirements on students enrolled in public institutions of higher education and any policy or any revision to any policy of a public institution of higher education relating to immunization requirements is void to the extent that it is inconsistent with the law of the Commonwealth. The bill also expands the scope of exemptions from such immunization requirements by (i) providing that any student shall be exempt from the immunization requirements or from the health history requirement if the student or, if such student is under the age of 18, the parent of such student objects on the grounds that compliance with the requirement would conflict with the student's or the parent's religious tenets or practices and (ii) removing the exception providing that the religious exemption to any immunization requirement shall not apply if the Board of Health declares an emergency or epidemic of disease.

A BILL to amend and reenact § 23.1-800 of the Code of Virginia, relating to public institutions of higher education; immunization requirements.

23102704D

S.B. 1006

Patron: DeSteph

Licensure and practice of associate physicians. Authorizes the Board of Medicine to issue a two-year license to practice as an associate physician to an applicant who (i) is 18 years of age or older; (ii) is of good moral character; (iii) has graduated from an accredited medical school; (iv) has successfully completed Step 1 and Step 2 of the United States Medical Licensing Examination within the two-year period immediately preceding application for licensure or has successfully completed Step 1, Step 2, and Step 3 of the United States Medical Licensing Examination, regardless of the date of completion of each step; and (v) has not completed a medical internship or residency program. The bill requires all associate physicians to practice in accordance with a written practice agreement entered into between the associate physician and a physician licensed by the Board and provides for prescriptive authority of associate physicians in accordance with regulations of the Board.

A BILL to amend the Code of Virginia by adding in Chapter 29 of Title 54.1 an article numbered 3.1, consisting of sections numbered 54.1-2941.1, 54.1-2941.2, and 54.1-2941.3, relating to licensure and practice of associate physicians.

23100039D

S.B. 1007

Patron: Hashmi

Board of Education; Child Care Subsidy Program; extending scope of eligibility to certain foster parents. Directs the Board of Education to amend its regulations for the Child Care Subsidy Program to expand the scope of eligibility to apply for the Program to any foster parent of a child placed in the foster parent's home if, at the time of eligibility determination or redetermination, the child (i) meets the criteria for eligibility currently set forth in the Board's regulations or (ii) is between the ages of 13 and 17 but otherwise meets the criteria for eligibility set forth in the Board's regulations, provided that there is documented evidence that such child between the ages of 13 and 17 has exhibited tendencies toward self-harm or harm to others.

A BILL to direct the Board of Education to expand the scope of eligibility for the Child Care Subsidy Program to certain foster parents.

23103989D

S.B. 1019

Patron: Edwards

Department of Education; Virginia-based nonprofit organizations; schools for adults to earn credentials, college credit, and high school diplomas. Requires the Department of Education to authorize a Virginia-based nonprofit organization as a local education agency to provide schools for adults to earn (i) (a) an industry-recognized credential or (b) dual college credit and (ii) a high school diploma on one or more diploma pathways set forth in the relevant Board of Education regulation in which enrollment is open, on a space-available basis, to adults who reside throughout the Commonwealth.

A BILL to amend the Code of Virginia by adding a section numbered 22.1-225.1, relating to Department of Education; Virginia-based nonprofit organizations; schools for adults to earn credentials, college credit, and high school diplomas.

23103137D

S.B. 1030

Patron: Norment

Public institutions of higher education; duties of governing board; student tuition and fees; requests for certain information. Requires the governing board of each public institution of higher education to adopt policies and procedures requiring the release to each student or, if such student is a dependent, the parent of each student enrolled at such institution of an itemized list of how such student's individual annual tuition and other mandatory fees are allocated, including the exact amount of such student's tuition and mandatory fees that are used to subsidize financial aid grants and scholarships for other students at such institution. The bill requires such policies and procedures to include a provision allowing any student or the parent of any student to opt out of receiving such itemized list.

A BILL to amend and reenact § 23.1-1303 of the Code of Virginia, relating to public institutions of higher education; duties of governing board; requests for certain information relating to student tuition and fees.

23104036D

S.B. 1043

Patron: McPike

Public education; student mental health and counseling; definitions; licensure requirements. Requires the Department of Education, in consultation with the Department of Behavioral Health and Developmental Services, to develop, adopt, and distribute to each school board a model memorandum of understanding between a school board and a public or private community mental health services provider that sets forth parameters for the provision of mental health services to public school students enrolled in the local school division by such provider. The bill requires the memorandum of understanding to be available to each school board no later than the beginning of the 2023 - 2024 school year. The bill also permits, in order to fill vacant school psychologist positions, any local school board to employ, under a provisional license issued by the Department of Education for three school years with an allowance for an additional two-year extension, clinical psychologists licensed by the Board of Psychology, provided that any such individual makes progress toward completing the requirements for full licensure as a school psychologist during such period of employment. Finally, the bill defines the terms "direct counseling" and "program planning and school support" for the purpose of the provision of law that requires each school counselor to spend at least 80 percent of his staff time during normal school hours in the direct counseling of individual students or groups of students.

A BILL to amend and reenact §§ 22.1-253.13:2, as it is currently effective and as it shall become effective, and 22.1-291.1:1 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 22.1-272.2, relating to public education; student mental health and counseling; definitions; licensure requirements.

23103865D

S.B. 1072

Patron: Bell

Public schools; codes of student conduct; policies and procedures prohibiting bullying; parental notification. Requires each local school board to require the principal of each public school to notify the parent of any student involved in an alleged bullying incident of the alleged incident within 24 hours of when the allegation was made. Current law does not require the parent of any student involved in an alleged incident of bullying to be notified of the initial alleged incident and only requires parental notification of the status of the investigation into an alleged incident to be given within five school days of when the allegation was made.

A BILL to amend and reenact § 22.1-279.6 of the Code of Virginia, relating to public schools; codes of student conduct; policies and procedures prohibiting bullying; parental notification.

23102188D

S.B. 1076

Patron: Ruff

Certain institutions of higher education; financial assistance; noncredit workforce training program; student grants; reimbursement. Increases from $3,000 to $4,000 the maximum amount for which the State Council of Higher Education for Virginia shall reimburse an eligible institution of higher education per completed noncredit workforce training program per eligible student pursuant to the New Economy Workforce Credential Grant Program. Current law provides that the Council shall reimburse an eligible institution an amount equal to one-third of the cost of the noncredit workforce training program, not to exceed $3,000, per eligible student upon such eligible student's completion of the program.

A BILL to amend and reenact § 23.1-627.4 of the Code of Virginia, relating to certain institutions of higher education; noncredit workforce training program; student grants; reimbursement.

23102978D

S.B. 1084

Patron: Bell

Prescription of Schedule VI controlled substances; asynchronous interactions. Allows practitioners to establish a bona fide practitioner-patient relationship through asynchronous interaction for the purpose of prescribing Schedule VI controlled substances if the patient chooses not to use insurance for the encounter and if such prescribing complies with federal requirements for the practice of telemedicine. The bill directs the Board of Pharmacy to conduct a review of Schedule VI controlled substances and report to the Chairmen of the Senate Committee on Education and Health and the House Committee on Health, Welfare and Institutions by December 31, 2023, any Schedule VI substances that the General Assembly may want to consider rescheduling due to potential risk of abuse by a patient if prescribed in accordance with the standard of care for asynchronous telemedicine interactions.

A BILL to amend and reenact § 54.1-3303 of the Code of Virginia, relating to prescription of Schedule VI controlled substances; asynchronous interactions.

23104083D

S.B. 1097

Patron: Norment

Early childhood care and education; licensure requirements; certain accredited private school exempt. Provides that child day programs that are affiliated with an accredited private school located west of Sandy Ridge and on the watersheds of Big Sandy River and to which no contributions are made by the Commonwealth, shall not be required to obtain licensure to operate in the Commonwealth. Current law exempts only those programs that are offered to children who reside at such private school.

A BILL to amend and reenact § 22.1-289.055:1 of the Code of Virginia, relating to early childhood care and education; licensure requirements; certain accredited private school exempt.

23100922D

S.B. 1098

Patron: Norment

Public institutions of higher education; new programs of instruction; approval of the State Council of Higher Education for Virginia and certain legislative committees required. Prohibits any public institution of higher education from implementing a new program of instruction or implementing a new curriculum for an existing program of instruction without first obtaining the approval of the State Council of Higher Education for Virginia, the House Committee on Education, and the Senate Committee on Education and Health.

A BILL to amend the Code of Virginia by adding a section numbered 23.1-901.1, relating to public institutions of higher education; new programs of instruction; approval of the State Council of Higher Education for Virginia and certain legislative committees required.

23101223D

S.B. 1102

Patron: Boysko

Public schools; hazing prevention training. Requires each local school board to develop a hazing prevention training program to be provided once each school year at the middle and high school levels to be required of all students in grades six through 10 as a part of their physical and health education, in grade 11 as a part of their United States history education, and in grade 12 as a part of their Virginia and U.S. Government education. The bill encourages the governing boards or administrators of accredited private secondary schools to do the same. The bill requires the hazing prevention training program to consist of a minimum of three ninety-minute lessons and to include age-appropriate, extensive, current, and in-person education about hazing, the dangers of hazing, including the consequences of alcohol intoxication, and school policies and laws relating to hazing, including criminal penalties and bystander intervention. The bill permits the hazing prevention training program to be offered in-person or as interactive assignments for virtual learning students. The bill also directs the Board of Education to incorporate the hazing prevention training program into the Standards of Learning for physical and health education and into the Standards of Learning for history and social science for students at the eleventh and twelfth grade levels. Finally, the bill requires the hazing training prevention program to be implemented beginning with the 2024-2025 school year.

A BILL to amend and reenact §§ 22.1-207, 22.1-253.13:1, as it is currently effective and as it shall become effective, and 22.1-279.9 of the Code of Virginia, relating to public middle and high schools; hazing prevention training.

23103648D

S.B. 1110

Patron: Hashmi


Public institutions of higher education; student accounts; withholding transcripts. Prohibits any public institution of higher education in the Commonwealth from conditioning the provision of an academic transcript to a current or former student on the payment of an outstanding debt to such institution if the student is requesting the transcript for the purpose of (i) applying for employment, (ii) applying for financial aid, (iii) pursuing opportunities in the Armed Forces or National Guard, or (iv) pursuing postsecondary opportunities in career or technical job training. The bill also prohibits any public institution of higher education from conditioning the provision or release of a current or former student's academic transcript to another institution of higher education on the student's repayment of an outstanding debt, but permits such institution to provide or release a partial transcript omitting any course credits that such student attempted or completed during a semester or quarter for which the student has an outstanding debt. The bill permits any public institution of higher education to condition the provision of an academic transcript on enrollment in a repayment plan for an outstanding debt or the payment of a fee, provided that (a) any such repayment plan includes a monthly payment amount established with consideration of the current or former student's ability to pay and does not exceed 10 percent of such student's monthly income, (b) any such fee charged shall not be higher for a current or former student as a consequence of having an outstanding debt than the fee charged to any current or former student not owing a debt, and (c) no current or former student receives any other less favorable treatment as a consequence of such student having an outstanding debt. Finally, the bill requires each public institution of higher education to clearly and prominently indicate on any materials or webpages relating to academic transcript requests the purposes and conditions dictating the provision of an academic transcript to a current or former student with an outstanding debt.

A BILL to amend the Code of Virginia by adding a section numbered 23.1-411.1, relating to public institutions of higher education; student accounts; withholding transcripts.

23101392D

S.B. 1130

Patron: Hashmi

Institutions of higher education; Get Skilled, Get a Job, Get Ahead Program. Authorizes the Virginia Community College System (the System), in collaboration with the State Council of Higher Education for Virginia (the Council), each participating comprehensive community college and baccalaureate public institution of higher education, and the Virginia Office of Education Economics (VOEE), to select the degree and certificate programs eligible for financial assistance under the Get Skilled, Get a Job, Get Ahead (G3) Program. Current law requires the Virginia Board of Workforce Development, in consultation with the System, the Council, and the staffs of the House Committee on Appropriations and Senate Committee on Finance and Appropriations, to make recommendations on any high demand fields that should be made eligible for financial assistance under the G3 Program to the Governor and General Assembly. The bill also expands degree and certificate programs eligible for financial assistance under the G3 Program to include any associate degree program transferable for course credit at a baccalaureate institution of higher education. The bill requires the System, the Council, the president of each participating baccalaureate public institution of higher education, and the VOEE to submit an annual report to the General Assembly no later than December 1 of each year identifying any additions or changes to the degree and certificate programs deemed eligible for financial assistance under the G3 Program.

A BILL to amend and reenact § 23.1-2911.2 of the Code of Virginia, relating to institutions of higher education; Get Skilled, Get a Job, Get Ahead Program; qualifying degree and certificate programs.

23102479D

S.B. 1177

Patron: Lucas

Department of Behavioral Health and Developmental Services; licensed provider reporting requirements. Directs the Department of Behavioral Health and Developmental Services to amend its regulations to require providers licensed by the Department to report allegations of abuse, neglect, and exploitation and incidents classified as Level II and Level III incidents by the end of the next business day following the receipt of the allegation or discovery of the Level II or Level III incident.

A BILL to direct the Department of Behavioral Health and Developmental Services to amend its regulations related to licensed provider reporting requirements.

23102907D

S.B. 1191

Patron: Reeves


Education Savings Account Program established; Education Improvement Scholarships Tax Credits. Establishes the Education Savings Account Program, to be administered by the Department of Education, whereby the parent of any individual who is a resident of the Commonwealth and who is eligible to enroll in a public elementary or secondary school may apply for an Education Savings Account for his child into which the Department of Education deposits certain state and local funds and from which the parent makes certain enumerated qualifying expenses to educate his child in a setting and a manner other than full-time education in a public school. The bill requires the Program to be fully implemented prior to the beginning of the 2023–2024 school year.

The bill also increases the value of the Education Improvement Scholarships income tax credit for a donation to a scholarship foundation from 65 percent to 100 percent of the donation. The bill removes the aggregate limit on tax credits per year, which under current law is $25 million, and removes individual minimum and maximum required donation amounts.

The bill raises the threshold for students to qualify for scholarships from 300 percent of the current poverty guidelines to 1,000 percent of free or reduced-price lunch standards or, for eligible students with a disability, from 400 percent of the current poverty guidelines to 1,200 percent of such standards. The bill grants scholarship foundations the discretion to determine what expenses may be funded by tax-credit-subsidized scholarships. Under current law, such expenses are limited by statute. The bill expands eligibility for scholarships to any student who is a resident of the Commonwealth and eligible to enroll in a public elementary or secondary school in the Commonwealth. Current law restricts eligibility to certain categories of students.

The bill removes the requirement that scholarship-funded schools report test results of scholarship-funded students. The provisions of the bill pertaining to the Education Improvement Scholarships income tax credits apply starting with taxable year 2023.

A BILL to amend and reenact §§ 22.1-254.1, 58.1-439.25, as it is currently effective and as it shall become effective, 58.1-439.26, and 58.1-439.28, as it is currently effective and as it shall become effective, of the Code of Virginia and to amend the Code of Virginia by adding in Chapter 13 of Title 22.1 an article numbered 2.1, consisting of sections numbered 22.1-222.1 through 22.1-222.9, relating to the Education Savings Account Program; establishment; Education Improvement Scholarships Tax Credits.

23100620D

S.B. 1257

Patron: Favola

School counselors; staff time. Defines the terms "direct counseling" and "program planning and school support" for the purpose of the provision of law that requires each school counselor to spend at least 80 percent of his staff time during normal school hours in the direct counseling of individual students or groups of students and clarifies that each school counselor may also spend up to 20 percent of his staff time during normal school hours on program planning and support.

A BILL to amend and reenact § 22.1-291.1:1 of the Code of Virginia, relating to school counselors; staff time.

23102216D

S.B. 1268

Patron: Favola

School psychologists; staffing flexibility. Provides that in order to fill vacant school psychologist positions, any local school board may employ, under a provisional license issued by the Department of Education for three school years with an allowance for an additional two-year extension with the approval of the division superintendent, clinical psychologists licensed by the Board of Psychology, provided that any such individual makes progress toward completing the requirements for full licensure as a school psychologist during such period of employment.

A BILL to amend and reenact § 22.1-253.13:2, as it is currently effective and as it shall become effective, of the Code of Virginia, relating to school psychologists; staffing flexibility.

23102220D

S.B. 1284

Patron: Hackworth

Abortion prohibited; exceptions; penalty. Provides that life begins at conception and no abortion is authorized or shall be performed on an unborn child except when (i) a physician determines, in reasonable medical judgment, that a medical emergency exists, defined in the bill such that the abortion is performed to save the life of the mother, or (ii) the probable gestational age of the unborn child is 20 weeks or less and the pregnancy is the result of rape or incest in which an official police report has been filed alleging the offense of rape or incest and such abortion is performed by a licensed physician in a hospital. The bill provides that any person who performs an unlawful abortion is guilty of a Class 4 felony.

A BILL to amend and reenact §§ 9.1-151, 16.1-241, 18.2-71, 18.2-75, 32.1-133.1, and 54.1-2969 of the Code of Virginia and to repeal §§ 18.2-71.1 through 18.2-74.1, 18.2-76, and 32.1-92.2 of the Code of Virginia, relating to abortion prohibited; exceptions; penalty.

23103751D

S.B. 1290

Patron: DeSteph

School Choice Educational Savings Accounts. Permits the parents of qualified students to apply to the local school division in which the qualified student resides for a one-year, renewable School Choice Educational Savings Account that consists of a monetary amount that is equivalent to a certain percentage of all applicable annual Standards of Quality per pupil state funds appropriated for public school purposes and apportioned to the resident school division in which the qualified student resides. The bill sets out the education-related qualifying expenditures for which the parent of a qualified student may use the funds in the savings account, including tuition, deposits, fees, and required textbooks and instructional materials at (i) a private elementary or secondary school located in the Commonwealth, (ii) certain nonpublic online learning programs, and (iii) institutions of higher education and requires the Department of Education to establish certain policies, procedures, and processes relating to the savings accounts.

A BILL to amend the Code of Virginia by adding in Chapter 13 of Title 22.1 an article numbered 2.1, consisting of sections numbered 22.1-222.1 through 22.1-222.6, relating to School Choice Educational Savings Accounts.

23101216D

S.B. 1300

Patron: Deeds

Requirements for public primary and secondary school teachers; annual trauma-informed care training program. Directs the Board of Education to work in collaboration with the Department of Behavioral Health and Developmental Services to develop a comprehensive trauma-informed care training program for elementary and secondary school teachers for the purpose of ensuring that all teachers are equipped with the skills, knowledge, and resources to recognize and address signs of childhood trauma, as defined in the bill, in students, to foster a trauma-sensitive learning environment, and to ensure that students who have experienced childhood trauma receive the support they need, both inside and outside of the classroom. The bill requires the trauma-informed care training program to be provided annually and in person at each school division by a representative from the Department of Behavioral Health and Developmental Services and to be administered by the Department of Education and the Department of Behavioral Health and Developmental Services. Finally, the bill requires each local school board to adopt and implement policies requiring annual completion of the trauma-informed care training program by each primary and secondary school teacher in the school division.

A BILL to amend the Code of Virginia by adding a section numbered 22.1-298.8, relating to requirements for public primary and secondary school teachers; annual trauma-informed care training program.

23100575D

S.B. 1302

Patron: Deeds

Temporary detention in hospital for testing, observation, or treatment; mental or physical conditions resulting from intoxication. Clarifies that in the case where a mental or physical condition is a result of intoxication, a licensed physician who has attempted to obtain informed consent of an adult person for treatment of such mental or physical condition resulting from intoxication may seek an order from the magistrate or court in the jurisdiction where the respondent is located authorizing temporary detention of the adult person in a hospital emergency department or other appropriate facility for testing, observation, or treatment, provided that certain conditions are met.

A bill to amend and reenact § 37.2-1104 of the Code of Virginia, relating to relating to temporary detention in hospital for testing, observation, or treatment; mental or physical conditions resulting from intoxication.

23102434D

S.B. 1358

Patron: Norment

Public institutions of higher education; duties of governing boards; student enrollment growth. Directs the governing board of each public institution of higher education to adopt policies providing that the percentage of students enrolled at such public institution of higher education must be capped at a two percent increase over a biennium.

A BILL to amend and reenact § 23.1-1303 of the Code of Virginia, relating to public institutions of higher education; duties of governing boards; student enrollment growth.

23101221D

S.B. 1385

Patron: Newman

Abortion; when lawful; 15-week gestational age; exceptions; penalty. Makes it a Class 4 felony for any physician licensed by the Board of Medicine to practice medicine and surgery to terminate or attempt to terminate a human pregnancy or aid or assist in the termination of a human pregnancy by performing an abortion or causing a miscarriage on any woman if the physician determines using best clinical judgment that the gestational age of the unborn child is more than 15 weeks, unless (i) the physician determines, based upon best clinical judgment, that the continuation of the pregnancy will result in the death of the woman or substantially and irreversibly impair one or more of such woman's major bodily functions, not including psychological or emotional conditions, or (ii) the pregnancy is the result of rape or incest. The bill further requires that any abortion procedure performed after it is determined that the unborn child's gestational age is more than 15 weeks is required to be performed in a hospital licensed by the State Department of Health or operated by the Department of Behavioral Health and Developmental Services. The bill provides that its provisions shall be known as the Pain-Capable Unborn Child Protection Act.

A BILL to amend and reenact §§ 16.1-241, 18.2-71, 18.2-73, 18.2-74.1, 18.2-75, and 18.2-76 of the Code of Virginia and to repeal §§ 18.2-72, 18.2-74, and 32.1-92.2 of the Code of Virginia, relating to abortion; when lawful; 15-week gestational age; exceptions; penalty.

23104307D

S.B. 1386

Patron: Deeds

Public institutions of higher education; tuition and financial aid; dependency override application form. Requires each public institution of higher education to create and maintain a form by which a student may apply for a dependency override, defined in the bill as the documented determination by a financial aid administrator pursuant to relevant federal law that, for the purposes of tuition and financial aid eligibility determinations, a student is an independent student by reason of other unusual circumstances. The bill requires such form to (i) be published electronically on the financial aid page of the institution's website; (ii) clearly explain, in language understandable to a student enrolled at the institution, the purposes of a dependency override, potential circumstances that may qualify a student for a dependency override, and common circumstances that do not qualify a student for a dependency override; (iii) explicitly include, in language understandable to a student enrolled at the institution, a statement that institutions of higher education are permitted to accept a range of documents to substantiate dependency override applications, including those documents specified by relevant federal law; and (iv) explicitly include, in language understandable to a student enrolled at the institution, the option to apply for a dependency override based on certain factors enumerated in the bill.

A BILL to amend the Code of Virginia by adding a section numbered 23.1-501.1, relating to public institutions of higher education; tuition and financial aid; dependency override application form.

23103844D

S.B. 1422

Patron: Pillion

Certain institutions of higher education; noncredit workforce training program; student grants; reimbursement. Increases from $3,000 to $4,000 the maximum amount for which the State Council of Higher Education for Virginia shall reimburse an eligible institution of higher education per completed noncredit workforce training program per eligible student pursuant to the New Economy Workforce Credential Grant Program. Current law provides that the Council shall reimburse an eligible institution an amount equal to one-third of the cost of the noncredit workforce training program, not to exceed $3,000, per eligible student upon such eligible student's completion of the program.

A BILL to amend and reenact § 23.1-627.4 of the Code of Virginia, relating to certain institutions of higher education; noncredit workforce training program; student grants; reimbursement.

23101173D

S.B. 1429

Patron: Suetterlein

Virginia College Savings Plan; hybrid schools; classification. Provides that the Virginia College Savings Plan shall consider any hybrid public-private elementary or secondary school to be a public elementary or secondary school or a private elementary or secondary school such that a beneficiary's account under a qualified tuition program established and maintained by the Plan may be used to cover up to $10,000 in expenses in any taxable year for tuition in connection with the beneficiary's enrollment or attendance at such a hybrid school as permitted pursuant to the relevant provision of § 529 of the federal Internal Revenue Code.

A BILL to require the classification of hybrid elementary or secondary schools by the Virginia College Savings Plan.

23102734D

S.B. 1439

Patron: Locke

Pregnant inmates; coverage through state plan for medical assistance. Provides that if a person confined in a state correctional facility is pregnant, gives birth during such confinement, is enrolled in the state plan for medical assistance, and would otherwise be eligible for coverage under the state plan for medical assistance for a 24-hour inpatient stay at a medical institution but for the fact that such person's stay was less than 24 hours, the cost of such person's birth shall be covered by state funds. The bill directs the Department of Medical Assistance Services to, in coordination with the Department of Corrections, identify persons confined in state correctional facilities who are enrolled in or may be eligible for services under the state plan for medical assistance and provide information to such persons regarding any steps necessary to obtain coverage for child birth prior to the person's release on medical furlough for the purpose of giving birth.

A BILL to amend and reenact § 32.1-325.04 of the Code of Virginia, relating to pregnant inmates; coverage through state plan for medical assistance.

23103677D

S.B. 1453

Patron: McPike

Public elementary and secondary schools; automated external defibrillators required. Requires each local school board to develop a plan for the placement, care, and use of an automated external defibrillator in every public elementary and secondary school in the local school division and to place an automated external defibrillator in every public elementary and secondary school in the local school division. Under current law, such a plan is optional and there is no requirement for each school board to place an automated external defibrillator in every public elementary and secondary school in the local school division.

A BILL to amend and reenact § 22.1-274.4 of the Code of Virginia, relating to public elementary and secondary schools; automated external defibrillators required.

23104004D

S.B. 1457

Patron: Lewis

Long-term services and supports screening; screening after admission; coverage of institutional long-term services and supports. Provides that if an individual is admitted to a skilled nursing facility for skilled nursing services not covered by the Commonwealth's program of medical assistance services and such individual was not screened but is subsequently determined have been required to be screened prior to admission to the nursing home, then the screening may be conducted after admission. Under the bill, coverage of institutional long-term services and supports by the Commonwealth for such non-prescreened patients shall not begin until six months after the initial admission to the skilled nursing facility. During this six-month period, the skilled nursing facility in which the individual resides shall be responsible for all costs indicated for institutional long-term services and supports, in excess of available patient funds, excluding the personal needs allowance that would otherwise have been covered by the Commonwealth. The bill provides that if sufficient evidence indicates that the admission without screening was of no fault of the skilled nursing facility, the Department of Medical Assistance Services shall begin coverage of institutional long-term services and supports immediately upon the completion of the functional screening indicating skilled nursing facility level of care pending the financial eligibility determination.

A BILL to amend and reenact § 32.1-330 of the Code of Virginia, relating to long-term services and supports screening; screening after admission; coverage of institutional long-term services and supports.

23103723D

S.B. 1483

Patron: Dunnavant

Abortion; viability; treatment of nonviable pregnancy. Provides that it is lawful for any physician licensed by the Board of Medicine to practice medicine and surgery to terminate or attempt to terminate a human pregnancy by performing an abortion or causing a miscarriage on any woman during the second trimester of pregnancy and prior to viability, defined in the bill as when the gestational age of the unborn child is (i) 24 weeks or more or (ii) in the estimation of the physician and two consulting physicians, at least 22 weeks, as long as the abortion is performed in a hospital. Under current law, abortion is lawful under such conditions prior to the third trimester of pregnancy. The bill abolishes lawful abortion during the third trimester of pregnancy, except to save the life of the mother. The bill also provides that regardless of the duration of the pregnancy, measures for life support shall be available and utilized when there is any evidence of viability of a child that has been completely delivered. The bill specifies that the provisions of abortion laws do not apply to the treatment of a nonviable pregnancy, as defined in the bill.

A BILL to amend and reenact §§ 16.1-241, 18.2-73, 18.2-74.1, 18.2-75, and 18.2-76 of the Code of Virginia; to amend the Code of Virginia by adding a section numbered 18.2-74.3; and to repeal § 18.2-74 of the Code of Virginia, relating to abortion; viability; treatment of nonviable pregnancy.

23103893D

S.B. 1529

Patron: Dunnavant

Right to life tax credit. Allows a refundable income tax credit of $250 for each birth of a dependent member of a taxpayer's household that occurs in taxable years 2023 through 2027. The credit is only available to a family with an annual household income that is not in excess of 400 percent of the current poverty guidelines and is subject to an aggregate cap of $25 million per taxable year. Credits shall be allocated on a pro rata basis if applications exceed such aggregate cap.

A BILL to amend the Code of Virginia by adding in Article 3 of Chapter 3 of Title 58.1 a section numbered 58.1-339.14, relating to right to life tax credit.

23104459D

S.B. 1544

Patron: Rouse

Department of Behavioral Health and Developmental Services; licensed provider reporting requirements. Directs the Department of Behavioral Health and Developmental Services to amend its regulations to require providers licensed by the Department to report allegations of abuse, neglect, and exploitation and incidents classified as Level II and Level III incidents by the end of the next business day following the receipt of the allegation or discovery of the Level II or Level III incident.

A BILL to direct the Department of Behavioral Health and Developmental Services to amend its regulations related to licensed provider reporting requirements.

23105014D

S.R. 87

Patron: Chase

Right to life begins at conception. Recognizes that the right to life begins at conception.

Recognizing that the right to life begins at conception.

23103683D