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2023 SESSION

23106034D
HOUSE BILL NO. 1820
AMENDMENT IN THE NATURE OF A SUBSTITUTE
(Proposed by the House Committee on Appropriations
on February 1, 2023)
(Patron Prior to Substitute--Delegate Avoli)
A BILL to require the virtual administration of certain through-year growth assessments for students enrolled in certain virtual school programs.

Be it enacted by the General Assembly of Virginia:

1. § 1. Any student enrolled in a virtual school program, as defined in § 22.1-212.23 of the Code of Virginia, may take any beginning-of-year or mid-year growth assessment required pursuant to subsection C of § 22.1-253.13:3 of the Code of Virginia in a virtual setting that best meets the educational needs of the student, subject to the following conditions:

1. The student takes the assessment on an assigned date and at an assigned time;

2. The student attends a synchronous assessment session initiated and managed by virtual school program personnel;

3. If the assessment platform does not allow integrated camera proctoring, the student shall use two devices for the duration of the assessment administration: one device on which the student takes the assessment and a second device on which an assessment proctor monitors for the duration of the assessment administration via the camera on the second device. However, if the assessment platform allows for the proctor to view the student and background, then a second device shall not be required;

4. The device on which the student takes the assessment has browser lockdown software in operation for the duration of the assessment administration to eliminate the possibility of Internet browser usage on such device for the duration of the assessment administration;

5. The device on which the student is being monitored has audio capabilities accessible by the assessment administrator;

6. An adult approved in accordance with the terms of the virtual school program, such as the student's parent, is physically present with the student for the duration of the assessment administration;

7. The virtual school program seeks to maintain a student assessment taker to assessment proctor ratio of 10 to one or lower;

8. The student does not exit the assessment administration until instructed to do so by the assigned assessment proctor;

9. Assessment submission is verified by the assessment administrator; and

10. The virtual school program is responsible for all costs associated with such virtual assessment administration.

2. That the provisions of the first enactment of this act shall expire at such time as the Department of Education's current state assessment program contract expires; provided, however, that the vendor selected by the Department of Education for the subsequent state assessment program contract shall provide for the capability of virtual assessment administration.