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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 26, 2023
Time and Place: 30 minutes after session / 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. 825

Patron: Bell

Public schools; background checks; the Virginia School for the Deaf and the Blind. Provides that the Board of Visitors of the Virginia School for the Deaf and the Blind is subject to the same requirement of each local school board that all applicants for employment as instructional personnel at such school, or for employment as a contractor who shall have direct contact with students on school property during regular school hours or during school-sponsored activities, be required to provide data on prior convictions for certain crimes and submit to fingerprinting for the purpose of obtaining criminal history record information on such applicants.

A BILL to amend and reenact §§ 22.1-296.1, 22.1-296.2, and 22.1-349 of the Code of Virginia, relating to public schools; background checks; the Virginia School for the Deaf and the Blind.

23102690D

S.B. 826

Patron: Bell

Institutions of higher education; campus safety; authority to employ campus police officers. Authorizes the governing board of the Virginia School for the Deaf and the Blind to establish a campus police department and employ campus police officers and auxiliary police forces as provided by relevant law, the employment of whom is to be governed by the Virginia Personnel Act unless the governing board of the School directs otherwise.

A BILL to amend and reenact §§ 2.2-2905, 2.2-3706, 2.2-3802, 9.1-161, 9.1-601, 23.1-809, 23.1-812, 23.1-815, 59.1-148.3, 65.2-107, 65.2-402, 65.2-402.1, and 85.2-1721.1 of the Code of Virginia, relating to institutions of higher education; campus safety; authority to employ campus police officers.

23102249D

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. 876

Patron: McDougle

Public elementary and secondary schools; enrollment; immunization requirements. Prohibits any child from being denied admission to school for not receiving a COVID-19 vaccination. The bill also prohibits the State Board of Health from adopting any regulation requiring immunization against COVID-19 for attendance at any public elementary or secondary school.

A BILL to amend and reenact §§ 22.1-271.2, 32.1-46, and 32.1-46.01 of the Code of Virginia, relating to public elementary and secondary schools; enrollment; immunization requirements.

23101033D

S.B. 911

Patron: Cosgrove

K-12 schools and institutions of higher education; interscholastic, intercollegiate, intramural, and club athletic teams and sports; participation on teams based on biological sex; certain requirements; civil cause of action. Requires each public elementary or secondary school and each public institution of higher education to expressly designate all interscholastic, intercollegiate, intramural, or club athletic teams and sports sponsored by such school based on biological sex as follows: (i) for "males," "men," or "boys"; (ii) for "females," "women," or "girls"; or (iii) as "coed" or "mixed" if such team or sport is open to participation by both (a) males, men, or boys and (b) females, women, or girls. The bill provides that a student's "biological sex" is the statement of such student's biological sex on such student's official birth certificate if the statement was filed at or near the time of the student's birth. The bill prohibits any student whose biological sex is female from participating on any interscholastic, intercollegiate, intramural, or club team or sport that is expressly designated for "males," "men," or "boys," unless such school or institution does not offer an equivalent team or sport that is expressly designated for "females," "women," or "girls," or as "coed" or "mixed." The bill also prohibits any student whose biological sex is male from participation on any interscholastic, intercollegiate, intramural, or club team or sport that is expressly designated for "females," "women," or "girls." Furthermore, the bill prohibits any interscholastic, intercollegiate, intramural, or club athletic team or sport that is sponsored by a public elementary or secondary school or sponsored by a public institution of higher education from competing against any interscholastic, intercollegiate, intramural, or club athletic team or sport that is sponsored by a private elementary or secondary school or a private institution of higher education unless such private school or institution also complies with the provisions of the bill. Finally, the bill creates a civil cause of action for students that suffer any deprivation, harm, retaliation, or adverse action or for schools that suffer any harm as a result of a violation of the provisions of the bill, provided that such action is initiated within two years of such deprivation, harm, retaliation, or adverse action.

A BILL to amend the Code of Virginia by adding sections numbered 22.1-271.9 and 23.1-408.2, relating to K-12 schools and institutions of higher education; interscholastic, intercollegiate, intramural, and club athletic teams and sports; participation on teams based on biological sex; certain requirements; civil cause of action.

23102088D

S.B. 962

Patron: Peake

Elementary and secondary schools; athletics; participation in female sports; civil cause of action. Requires each public elementary or secondary school and each private elementary or secondary school that competes in sponsored athletic events against such public schools to designate all interscholastic athletic teams and intramural athletic teams sponsored by such school based on biological sex as follows: (i) for "males," "men," or "boys"; (ii) for "females," "women," or "girls"; or (iii) as "coed" or "mixed" if such team is open to participation by (a) "males," "men," or "boys" and (b) "females," "women," or "girls." The bill prohibits students whose biological sex is male from participating on any school athletic team or squad designated for "females," "women," or "girls." Finally, the bill creates a civil cause of action for students and schools that suffer harm as a result of a violation of the provisions of the bill, provided that such action is initiated within two years of the harm occurring.

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

23101004D

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. 1023

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.

23102957D

S.B. 1099

Patron: Norment

School Resource Officer Grants Program and Fund. Provides that matching grants from the School Resource Officer Incentive Grants Fund may be awarded to local law-enforcement agencies and local school boards for the expenses related to the equipment necessary for uniformed school resource officers, school security officers, and other relevant school safety personnel and the enhancement of the school-law enforcement partnership through training and programming as determined by the Department.

A BILL to amend and reenact § 9.1-110 of the Code of Virginia, relating to School Resource Officer Grants Program and Fund.

23101308D

S.B. 1109

Patron: Hashmi

Board of Education; College and Career Readiness for English Language Learners Grant Program and Fund; established. Establishes the College and Career Readiness for English Language Learners Grant Program and Fund to support English language learner students in preparing for postsecondary opportunities by providing reimbursement grants to eligible school divisions for providing and expanding access to certain career, technical, apprenticeship, and college readiness and preparation programs and courses for high school students identified as having limited English proficiency. The bill provides that the total value of reimbursement grants awarded to any school division annually shall not exceed an amount equal to $500 times the number of English language learner students in grades nine through 12 enrolled in such school division. The bill directs the Board to establish such guidelines as it deems necessary for the administration of the Program and to establish procedures for determining amounts and prioritizing the award of such reimbursement grants in the event that the moneys in the Fund are not sufficient to provide each school division the full grant amount for which they are qualified. Finally, the bill provides that reimbursement grants shall be awarded to eligible school divisions beginning with the 2023-2024 school year.

A BILL to amend the Code of Virginia by adding a section numbered 22.1-206.3, relating to Board of Education; College and Career Readiness for English Language Learners Grant Program and Fund; established.

23102440D

S.B. 1118

Patron: Hashmi

Employment of teachers; English as a Second Language Incentive Reward Program and Fund; established. Provides that each local school board shall adopt employment policies and practices designed to promote the employment of highly qualified teachers to effectively serve the educational needs of students who are English language learners, including providing financial support for teachers seeking and obtaining an endorsement in English as a second language pre-kindergarten through grade 12. The bill also establishes the English as a Second Language Incentive Reward Program and Fund for the purpose of awarding incentive grants to public school teachers in the Commonwealth who obtain an endorsement in English as a second language pre-kindergarten through grade 12. The bill provides that the Board of Education shall award to any teacher who obtains such endorsement an initial incentive grant of $5,000 and a subsequent incentive grant of $2,500 each year for the life of the endorsement, with such incentive grants to resume upon renewal of the endorsement. Finally, the bill directs the Board to establish such guidelines as it deems necessary for the administration of the Program and to establish procedures for the award of such incentive grants in the event that the moneys in the Fund are not sufficient to award each eligible teacher the appropriate award amount.

A BILL to amend and reenact § 22.1-295 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 22.1-299.2:1, relating to employment of teachers; English as a Second Language Incentive Reward Program and Fund; established.

23102437D

S.B. 1173

Patron: Dunnavant

Board of Education; advanced academic opportunity programs; guidelines and policies; availability. Requires the Board of Education to develop guidelines for advanced academic opportunity programs, as defined in the bill, offered at the secondary school level (i) requiring any advanced academic opportunity program offered at any public secondary school in the Commonwealth to accept any eligible student and (ii) prohibiting the imposition of arbitrary class sizes or any other limitation that would impede the access of any otherwise eligible student to such program. The bill defines an "eligible student" as any student who has demonstrated an ability to participate and succeed in advanced academic opportunities, as determined by (a) such student's performance on a merit-based application, (b) such student's aptitude based on grades or exam results, or (c) the recommendation of a teacher. The bill requires each local school board to adopt policies that are consistent with and at least as rigorous as the guidelines developed by the Board. Finally, the bill requires the Board to develop and make available to each local school board the guidelines for advanced academic opportunity programs by the 2023-2024 school year and requires each local school board to develop and implement policies in accordance with the Board's guidelines by the 2025-2026 school year.

A BILL to amend the Code of Virginia by adding a section numbered 22.1-18.2, relating to Board of Education; advanced academic opportunity programs; guidelines and policies; availability.

23104073D

S.B. 1186

Patron: Reeves


K-12 schools and institutions of higher education; designation of interscholastic, intercollegiate, intramural, and club athletic teams and sports based on biological sex; student participation in female teams or sports; civil cause of action. Requires each interscholastic, intercollegiate, intramural, or club athletic team or sport sponsored by a public elementary or secondary school or by a public institution of higher education to be expressly designated as one of the following based on biological sex: (i) males, men, or boys; (ii) females, women, or girls; or (iii) coed or mixed if participation on such team or sport is open to both (a) males, men, or boys and (b) females, women, or girls. The bill requires identification of the student's biological sex on an athletics eligibility form signed by a licensed physician, nurse practitioner, or physician assistant to be submitted by any such student who desires to try out for or participate in an interscholastic, intercollegiate, intramural, or club athletic team or sport. The bill prohibits any such team or sport that is expressly designated for females, women, or girls from being open to students whose biological sex is male.

The bill prohibits any government entity, licensing or accrediting organization, or athletic association or organization from entertaining a complaint, opening an investigation, or taking any other adverse action against public school or institution of higher education based on a violation of the provisions of the bill and creates a cause of action for any school or institution of higher education that suffers harm as a result of a violation of the bill. Finally, the bill creates a civil cause of action for any student that suffers harm as a result of a knowing violation of a provision of the bill by a school or institution or as a result of the student's reporting a violation of a provision of the bill by a school, institution, athletic association, or organization.

A BILL to amend and reenact § 22.1-271.7 of the Code of Virginia and to amend the Code of Virginia by adding sections numbered 22.1-271.9 and 23.1-408.2, relating to K-12 schools and institutions of higher education; designation of interscholastic, intercollegiate, intramural, and club athletic teams and sports based on biological sex; identification of student's biological sex on athletic eligibility form; student participation in female teams or sports; civil cause of action.

23104062D

S.B. 1260

Patron: Lucas

National Teacher Certification Incentive Reward Program and Fund; name; eligibility; incentive grant awards. Renames the National Teacher Certification Incentive Reward Program and Fund as the National Board Certification Incentive Reward Program and Fund, expands eligibility for incentive grant awards from such Fund pursuant to such Program from solely teachers who have obtained national certification from the National Board for Professional Teaching Standards to (i) all public school staff who are candidates for initial national certification or maintenance of national certification to cover certain costs of obtaining or maintaining such certification and (ii) all public school staff who have successfully obtained or maintained such certification. The bill also declares eligible for an annual incentive grant award in the amount of $7,500 all public school staff who have obtained or maintained such certification. Current law declares eligible for an annual incentive grant award of $5,000 in the first year and $2,500 in each subsequent year all teachers who have obtained or maintained such certification.

A BILL to amend and reenact § 22.1-299.2 of the Code of Virginia, relating to National Teacher Certification Incentive Reward Program and Fund; name; eligibility; incentive grant awards.

23102890D

S.B. 1277

Patron: Dunnavant

High school students; academic credit for certain work experience and fine arts programs; guidelines. Directs the Board of Education to develop guidelines and policies permitting any high school student in grades 11 and 12 to earn one-half standard unit of credit per semester for employment in certain fields or industries or participation in certain community-based fine arts programs in which such student works or participates a certain minimum number of hours per week for each week of the semester, as determined by the Board.

A BILL to amend the Code of Virginia by adding a section numbered 22.1-207.8, relating to high school students; academic credit for certain work experience and fine arts programs; guidelines.

23101948D

S.B. 1281

Patron: Dunnavant

Board of Education; Passport dual enrollment courses; course credit; guidelines. Directs the Board of Education to develop guidelines to be adopted by each local school board directing prioritization of funding to be given to dual enrollment courses, including courses that are part of the Passport Program or the Uniform Certificate of General Studies Program and other courses that lead to the fulfillment of a requirement for a nationally recognized credential offered in the Virginia Community College System.

A BILL to amend the Code of Virginia by adding a section numbered 22.1-206.3, relating to Board of Education; Passport Program dual enrollment; course credit; guidelines.

23101498D

S.B. 1325

Patrons: McClellan, Hashmi

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) requiring each school board to employ teacher leaders and teacher mentors at specified student-to-position ratios; (ii) lowering the ratio of English language learner students to teachers; (iii) lowering the ratio of assistant principals to students in each elementary, middle, and high school; (iv) lowering the ratio of school counselors to students in grades kindergarten through 12; and (v) increasing the required number of specialized student support positions from at least three to at least four such positions per 1,000 students. Such specialized student support positions include school social workers, school psychologists, school nurses, licensed behavior analysts, licensed assistant behavior analysts, and other licensed health and behavioral positions.

A BILL to amend and reenact §§ 22.1-253.13:1, 22.1-253.13:2, and 22.1-253.13:5, as they are currently effective and as they shall become effective, 22.1-274, 22.1-274.01:1, 22.1-294, 22.1-299.7:1, and 22.1-303 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.

23102467D

S.B. 1329

Patrons: McClellan, Petersen

Board of Education; creation and maintenance of Virginia Parent Data Portal. Requires the Board of Education, on or before July 1, 2024, to create and maintain the Virginia Parent Data Portal that, among other things, (i) displays individualized student assessment data on all state-supported assessments, as that term is defined in the bill, (a) in a format that shows both current and cumulative data over time and (b) within 45 days of a state-supported assessment window closing for each state-supported assessment; (ii) provides a description of the purpose of each state-supported assessment, an explanation of how to interpret student data on each state-supported assessment, and a comparison of a student's performance on each state-supported assessment with the performance of the student's school, the student's school division, and the Commonwealth; (iii) is viewable from a mobile device in addition to a desktop computer; and (iv) restricts user access to students and their parents. The bill requires the Board and the Department of Education to provide certain guidance and technical assistance to local school divisions on professional development for principals and teachers in parent engagement on and interpretation of student assessment data available through the Portal and requires each school board to annually provide high-quality professional development to principals and teachers on such topics.

A BILL to amend and reenact §§ 22.1-1, as it is currently effective and as it shall become effective, 22.1-253.13:3, and 22.1-253.13:5, as it is currently effective and as it shall become effective, of the Code of Virginia, relating to Board of Education; creation and maintenance of Virginia Parent Data Portal.

23103843D

S.B. 1334

Patron: Hashmi

Board of Education; Individualized Education Program (IEP) meeting participant code of ethics; development; enforcement. Directs the Board of Education to develop and enforce a code of ethics relating to appropriate participation and collaboration at Individualized Education Program (IEP) meetings among school staff, parents, students, and any other invited participants. The bill requires the Board to amend regulations as may be necessary to effectuate the provisions of the bill.

A BILL to direct the Board of Education to develop and promulgate regulations to enforce a code of ethics for Individualized Education Program (IEP) meetings relating to appropriate participation and collaboration at IEP meetings.

23103861D

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. 1463

Patron: Chase

Certain public libraries; books; sexually explicit materials; parental advisory label. Requires each local school board, any local governing body or library board that governs a free public library system or regional library board that governs a regional library system, and the Library Board to require a parental advisory label to be affixed to the front of any book that contains sexually explicit content, as that term is defined elsewhere in law, and that is made available to minors in any public elementary or secondary school library, any public library in the free public library system or regional public library system, or the Library of Virginia, respectively.

A BILL to amend the Code of Virginia by adding sections numbered 22.1-79.10, 42.1-10.1, and 42.1-36.2, relating to certain public libraries; books; sexually explicit materials; parental advisory label.

23103847D

S.B. 1481

Patron: Dunnavant

Public school pupils and parents; access to certain postsecondary information. Prohibits any school board, public elementary or secondary school, including any joint or regional school, or employee or agent of such school board or school, including any division superintendent or school principal, from withholding from any pupil or the pupil's parent any information that is transmitted solely to such school board, school, employee, or agent and that (i) relates to any recognition, award, or postsecondary scholarship eligibility earned by the student, including any such recognition, award, or eligibility earned as the result of the student's achievement on the Preliminary SAT/National Merit Scholarship Qualifying Test (PSAT/NMSQT) examination, or (ii) may affect the student's admission to an institution of higher education. The bill requires all such information to be transmitted to the pupil and the pupil's parent as soon as practicable after receipt of the information.

A BILL to amend and reenact § 22.1-287 of the Code of Virginia, relating to public school pupils and parents; access to certain postsecondary information.

23104594D