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2023 SESSION

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Senate Committee on Education and Health
Subcommittee Public Education

Hashmi (Chair), Howell, Locke, Dunnavant, Peake

Staff: J. Bergamini, J. Carlton
Date of Meeting: January 19, 2023
Time and Place: 30 minutes after Senate adjourns / Senate Subcommittee Room 2

S.B. 818

Patron: Spruill

Public elementary and secondary schools; programs of instruction; mental health education; curriculum guidelines; instruction required. Requires each public elementary, middle, and high school to provide at each grade level, in addition to health instruction, an additional age-appropriate course of instruction on mental health. The bill directs the Board of Education to develop mental health curriculum guidelines for an age-appropriate, sequential mental health curriculum for each grade level and requires such curriculum guidelines to include instruction on (i) understanding general themes of mental health and wellness, (ii) recognizing symptoms of common mental health challenges, (iii) promoting mental health wellness, (iv) seeking assistance for mental health concerns and challenges, (v) promoting awareness of the prevalence of mental health challenges and the importance of overcoming common mental health stigmas, (vi) understanding the importance of mental health to a student's physical, academic, and overall well-being, and (vii) understanding age-appropriate instruction at such grade levels as the Board deems appropriate on the connection between mental health and substance use disorders. The bill permits the Board to consult with the Department of Behavioral Health and Developmental Services and other mental health experts in developing such curriculum guidelines and requires the Board to submit such guidelines to the State Board of Health for approval. The bill requires the Board to review and update by the beginning of the 2024–2025 school year the health Standards of Learning for each grade level to include such instruction on the mental health curriculum guidelines.

A BILL to amend and reenact § 22.1-207 of the Code of Virginia, relating to public elementary and secondary schools; programs of instruction; mental health education; curriculum guidelines; instruction required.

23102397D

S.B. 819

Patron: Favola

Public schools; Standards of Quality; early intervention services for reading and mathematics; use of certain alternative assessments permitted. Provides that each local school division is permitted to use any nationally recognized, research-based assessment or screener in identifying and assessing the progress of any student in need of reading or algebra readiness intervention services as an alternative to a diagnostic test that must be approved by the Department of Education.

A BILL to amend and reenact § 22.1-253.13:1 of the Code of Virginia, as it is currently effective and as it shall become effective, relating to public schools; Standards of Quality; early intervention services for reading and mathematics; use of certain alternative assessments permitted.

23102372D

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. 832

Patron: Chase

Public schools; parental rights to educational transparency. Declares that the parent of any student enrolled in a public elementary or secondary school in the Commonwealth has the right to (i) access a list of any printed or audiovisual instructional material; (ii) participate in the textbook review and approval process; (iii) receive notice of and give informed consent to any counseling or guidance program offered to his child by the school; (iv) access his child's education records; (v) receive advance, written notice of any school-sponsored field trip, activity, assembly, presentation, or other event at which his child's attendance is invited, including a clear opt-out provision; (vi) receive advance notice of any questionnaire or survey to be administered to his child; (vii) receive notice of and attend any public meeting of the school board in the local school division in which his child is enrolled; (viii) review the annual school division budget and expenditures; and (ix) petition the circuit court with jurisdiction over such child's local school division to review an action of the school board if the parent is aggrieved by such action. The bill requires the Department of Education to develop and make available to each school board model policies and procedures to ensure compliance with the parental right to review and exempt his child from any printed or audiovisual instructional materials used as a part of the curriculum in any class or course in which such parent's child is enrolled. The bill also revises existing policies and duties of each local school board in accordance with the parental rights to transparency in education.

A BILL to amend and reenact §§ 22.1-79.3 and 22.1-253.13:7 of the Code of Virginia and to amend the Code of Virginia by adding sections numbered 22.1-1.1 and 22.1-16.9, relating to public education; parental rights to educational transparency.

23102373D

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. 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. 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. 964

Patron: Peake

Certain child day programs exempt from licensure by the Superintendent of Public Instruction; age of children in attendance. Clarifies that any child day program offered by a private school accredited by and in good standing with the Virginia Council for Private Education, operated for no more than four hours per day, staffed by the accredited private school's employees, and attended by school-age children who are enrolled in the accredited private school is exempt from licensure by the Superintendent of Public Instruction. Current law provides a licensure exemption for any such program that is attended by children who are at least five years of age.

A BILL to amend and reenact § 22.1-289.030 of the Code of Virginia, relating to certain child day programs exempt from licensure by the Superintendent of Public Instruction; age of children in attendance.

23101180D

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. 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. 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. 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. 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. 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. 1359

Patron: Norment

Public elementary and secondary schools; threat assessment team members; training requirement. Requires each local school board to work with its local law enforcement agency to conduct an annual threat assessment to determine potential risks and threats for each school within the locality. The bill also requires new threat assessment team members established at each public elementary and secondary school to complete initial threat assessment training and all threat assessment team members to complete refresher training every three years.

A BILL to amend and reenact § 22.1-79.4 of the Code of Virginia, relating to public elementary and secondary schools; threat assessment team members; training requirement.

23101304D

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