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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

Clerk: Hobie Lehman, Basit Khan
Staff: J. Bergamini, J. Carlton
Date of Meeting: February 15, 2023
Time and Place: 8 AM / Senate Subcommittee Room 1, *Room Change
Updated for Room Change

H.B. 1379

Patron: Anderson

Public elementary and secondary school libraries; catalog of printed and audiovisual materials; graphic sexual content; parental opt out and request for review. Requires the principal of each public elementary or secondary school or his designee to (i) maintain in an electronic spreadsheet or a substantially similar electronic format a catalog of all printed and audiovisual materials, as defined in the bill, that are contained in the school library; (ii) identify each item in such catalog by title, author, and such other identifying features or information as the principal or his designee deems appropriate; (iii) identify with a prominent notation in such catalog each item that contains graphic sexual content, as defined in the bill; (iv) make such catalog available to any parent of a student enrolled in the school; (v) permit any parent of a student enrolled in the school to restrict his child's access to any item in such catalog that is identified as containing graphic sexual content; and (vi) permit any parent of a student enrolled in the school to request a graphic sexual content review by school administrators for any item in such catalog that is not so identified.

A BILL to amend the Code of Virginia by adding a section numbered 22.1-207.2:1.1, relating to public elementary and secondary school libraries; catalog of printed and audiovisual materials; graphic sexual content; parental opt out and request for review.

23100713D

H.B. 1448

Patron: Orrock

Department of Education; recommendations; model policies; selection and removal of public school library materials. Requires the Department of Education, in consultation with local school boards, public school librarians, parents of public school students, and other interested stakeholders, to make recommendations to the General Assembly, the Board of Education, and local school boards no later than September 1, 2024, on the adoption of model policies for the selection and removal of books and other audiovisual materials available to students in public school libraries.

A BILL to require the Department of Education to make recommendations on the adoption of model policies for the selection and removal of public school library materials.

23101476D

H.B. 1461

Patron: Wiley

Department of Education; uniform system of discipline for disruptive student behavior; report. Requires the Department of Education to establish, within its regulations governing student conduct, and each school board to adhere to, a uniform system of discipline for disruptive behavior and the removal of a student from a class that includes, among other things, criteria for teachers to remove disruptive students from their classes, including a requirement for a teacher to remove a disruptive student from a class if the disruptive behavior is violent. The bill also requires the Department of Education to establish and appoint members to a stakeholder work group to discuss and make recommendations to the Board of Education and the General Assembly no later than November 1, 2023, regarding the feasibility of implementing a uniform system of classroom discipline in public elementary and secondary schools in each local school division in the Commonwealth whereby a teacher is required to remove a student from a classroom if the student repeats or continues nonviolent disruptive behavior after the teacher provides two warnings to the student, giving due consideration to the need for appropriate exceptions for students with disabilities.

A BILL to amend and reenact §§ 22.1-276.01 and 22.1-276.2 of the Code of Virginia, relating to Department of Education; uniform system of discipline for disruptive student behavior; report.

23104755D

H.B. 1507

Patron: McGuire

Public elementary and secondary schools; fundamental right of parents. Requires each school board and employee and agent thereof to seek to ensure that the fundamental right of parents in the care and upbringing of their children is recognized and protected and also requires each local school board to provide opportunities for parental involvement in several ways, including providing to parents of students enrolled in the local school division direct access to and an opportunity to review, within a reasonable period of time after the parent so requests, the complete curricular content in the local school division and the option to opt out of policies, surveys, research studies, or programs of instruction and instructional material that are inconsistent with the parent's beliefs, values, or goals and standards for his child.

A BILL to amend and reenact § 22.1-279.3 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 22.1-2.01, relating to public elementary and secondary schools; fundamental right of parents.

23105047D

H.B. 1556

Patron: Brewer

Employment of K-9 Detection Teams in public schools permitted. Permits any school board to employ or hire on a contract basis in any public elementary or secondary school in the local school division a full-time or part-time K-9 Detection Team, defined in the bill as a safety assessment team that (i) consists of a canine and a canine handler who are trained specifically to detect explosives, firearms, narcotics, and tobacco products and nicotine vapor products, as those terms are defined in relevant law, and (ii) is employed by a school board or hired by a school board on a contract basis to provide such detection services in public elementary and secondary schools in the local school division pursuant to a contract with an entity that is approved by the State Council of Higher Education for Virginia to train canines and canine handlers to provide such detection services.

A BILL to amend the Code of Virginia by adding a section numbered 22.1-280.2:5, relating to K-9 Detection Teams; permitted in public schools.

23105375D

H.B. 1803

Patron: Freitas

Public elementary and secondary schools; certain opportunities for parental involvement. Requires the opportunities for parental involvement required to be provided by each school board to include the opportunity for parents of students enrolled in the local school division to receive advance written or electronic notification of and opt their child out of any speech, presentation, or performance in the relevant school by any outside individual or entity.

A BILL to amend and reenact § 22.1-279.3 of the Code of Virginia, relating to public elementary and secondary schools; certain opportunities for parental involvement.

23102497D

H.B. 1816

Patron: Avoli

Dangers and victims of communism; recognition; Standards of Learning and programs of instruction. Requires the Governor to annually issue a proclamation setting the seventh day of November as Victims of Communism Day and requiring such day to be suitably observed in each public elementary and secondary school in the Commonwealth as a day honoring the approximately 100 million individuals who have fallen victim to communist regimes around the world and to be suitably observed by a public exercise in the Capitol and elsewhere as the Governor may designate in such proclamation. The bill also requires the Board of Education to include in the history and social science Standards of Learning and each school board to emphasize in its Standards-aligned program of instruction the study of the dangers of communism.

A BILL to amend and reenact § 22.1-253.13:1, 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 a section numbered 2.2-3320.1, relating to dangers and victims of communism; recognition; Standards of Learning and programs of instruction.

23102396D

H.B. 1893

Patron: Walker

School boards; websites; posting of certain information required. Requires, prior to the start of each school year, each school board to post on its website in a prominent location and in a format that is easily accessible to the public (i) a list of each textbook to be used in any elementary or secondary school in the local school division during that school year and (ii) the Standards of Learning and any associated curriculum framework that correlate with any course or class to be offered in any elementary or secondary school in the local school division during that school year or a link to another source that contains such information.

A BILL to amend the Code of Virginia by adding a section numbered 22.1-243.1, relating to school boards; websites; posting of certain information required.

23101817D

H.B. 1909

Patron: Batten

Public elementary and secondary schools; establishment of opportunity classrooms. Provides that, subject to school board or school administration approval, each local school board shall enter into an agreement to establish an opportunity classroom, or a classroom in which an alternative curriculum is offered, with a requesting party if such party represents more than 20 students and permits such local school board to enter into such an agreement if such requesting party represents fewer than 20 students. The bill provides that a "requesting party" includes (i) a public elementary or secondary school teacher or a group of such teachers in a local school division or (ii) a parent whose child attends a public elementary or secondary school or group of such parents, with the involvement of at least one teacher employed in such local school division. Finally, the bill delineates requirements for such agreements to establish opportunity classrooms relating to funding for classroom instruction and services, provision of transportation for students enrolled in an opportunity classroom, and assessments and standards of evaluation for students enrolled in an opportunity classroom. The bill has an expiration date of July 1, 2028.

A BILL to amend the Code of Virginia by adding in Chapter 13 of Title 22.1 an article numbered 1.6, consisting of sections numbered 22.1-212.33 and 22.1-212.34, relating to public elementary and secondary schools; establishment of opportunity classrooms.

23100845D

H.B. 1928

Patron: Durant

School bus operators; training; remote online and Spanish language options. Permits the training program developed by the Board of Education for school bus operators to offer the option for an applicant for employment as a school bus operator to (i) except as otherwise provided in relevant law, complete all or any portion of the required hours of classroom training in a remote online format, as determined by the local school division and (ii) receive instruction in the Spanish language for all or any portion of the required hours of classroom training, as determined by the local school division.

A BILL to amend and reenact § 22.1-181 of the Code of Virginia, relating to school bus operators; training; remote online and Spanish language options.

23101359D

H.B. 1929

Patron: Durant

Educational opportunities for children of certain foreign service employees and civilian employees of the Armed Forces of the United States. Requires the provisions of the Interstate Compact on Educational Opportunity for Military Children to apply to school-age children who are dependents of foreign service employees and civilian members of the Armed Forces of the United States under federal orders when the parent produces documentation indicating that he is required to move in order to perform his job responsibilities and such move results in the student's intrastate, interstate, or overseas relocation, including any such relocation that results in the student attending a Department of Defense Education Activity school. The bill requires any such student who is in the eighth grade to be permitted to apply for admission to an academic year Governor's school in the same manner as an eighth grade student to whom the provisions of the Interstate Compact on Educational Opportunity for Military Children apply.

A BILL to amend the Code of Virginia by adding in Chapter 1 of Title 22.1 a section numbered 22.1-7.3, relating to educational opportunities for children of certain foreign service employees and civilian employees of the Armed Forces of the United States.

23101375D

H.B. 2021

Patron: Roem

School boards; back to school night events; free or reduced price meals applications. Requires each school board to ensure that at any back to school night event in the local school division to which the parents of enrolled students are invited, any such parent in attendance receives prominent notification of and access, in paper or electronic form, or both, to information about application and eligibility for free or reduced price meals for students and a fillable free or reduced price meals application that may be completed and submitted on site.

A BILL to amend and reenact § 22.1-79 of the Code of Virginia, relating to school boards; back to school night events and parent-teacher conferences; free or reduced price meals applications.

23105323D

H.B. 2030

Patron: Ballard

School boards; nonresident student enrollment policies; work group; report. Requires any school board that accepts for enrollment students who reside outside of the local school division to establish and make available to the public policies or regulations that include considerations for the eligibility for such nonresident student enrollment, application procedures and timelines, and a transparent and fair method to address enrollment requests beyond capacity. The bill requires the Department of Education to compile and post publicly and prominently on its website a database of each such set of school board policies or regulations. The bill requires the Secretary of Education and the Superintendent of Public Instruction to convene a work group of relevant stakeholders to issue recommendations no later than October 1, 2023, to the Chairmen of the House Committee on Appropriations, the Senate Committee on Finance and Appropriations, the House Committee on Education, and the Senate Committee on Education and Health on the implementation of tuition-free nonresident student enrollment in the Commonwealth.

A BILL to amend and reenact §§ 22.1-5, 22.1-7.1, and 22.1-7.2 of the Code of Virginia, relating to school boards; policies or regulations for the enrollment of nonresident students; work group; report.

23106231D

H.B. 2269

Patron: Greenhalgh

Certain federal pandemic relief funds for public education; certain conditions. Requires any local school division that, as of July 1, 2023, has available and unspent or unobligated federal ESSER formula funds exceeding 20 percent of its total awarded allocations to return unspent or unobligated ESSER or GEER state set-aside funds awarded to the local school division by the Virginia Department of Education (the Department) to the Department no later than July 15, 2023, unless precluded by federal law or regulation. The bill requires the Department to subsequently expend, including through awarding such funds to local school divisions, any such returned ESSER or GEER state set-aside funds for student instruction and remediation. The bill also requires each local school division to obtain the approval of the local school board for its federal ESSER III spending plan, update such spending plan at least once every six months, and publish such spending plan in an accessible format on a publicly available website.

A BILL to place certain conditions on certain federal pandemic relief funds for public education.

23105288D

H.B. 2341

Patron: Davis

Board of Education; high school graduation; alternative pathways to the advanced studies diploma and associated diploma seals. Directs the Board of Education to establish two pathways to the advanced studies high school diploma, and associated diploma seals for students who successfully follow and demonstrate excellence on such pathways: one pathway that requires advanced coursework in a career and technical education field but does not require coursework in world language and another pathway that requires advanced coursework in world language but does not require coursework in a career and technical education field. The bill requires such pathways and associated diploma seals to become effective for the 2024-2025 school year and to be available to any student, regardless of the school year during which the student enters ninth grade.

A BILL to require the Board of Education to establish multiple pathways to the advanced studies diploma and associated diploma seals.

23104074D

H.B. 2358

Patron: Durant

Employment of school protection officers in public schools. Permits any local law-enforcement agency to employ in any public elementary or secondary school in the local school division, pursuant to an agreement with the local school board, a school protection officer, defined in the bill as a retired law-enforcement officer hired by the local law-enforcement agency on a part-time basis to provide limited law-enforcement and security services to public elementary and secondary schools in the Commonwealth. The bill requires each such school board and local law-enforcement agency to enter into a memorandum of understanding that sets forth the powers and duties of school protection officers. The bill requires the Department of Criminal Justice Services to establish compulsory training standards for school protection officers and requires the collection of certain data relating to the activities of such officers.

A BILL to amend and reenact §§ 9.1-101, as it is currently effective and as it shall become effective, 9.1-102, 9.1-114.1, 9.1-184, 22.1-279.10, and 22.1-280.2:3 of the Code of Virginia, relating to employment of school protection officers in public schools.

23103579D

H.B. 2405

Patron: Ware

High school graduation requirements; passing score on select questions from the U.S. Naturalization Test. Requires the Board of Education, in establishing high school graduation requirements, to require, except in the case of a high school student whose individualized education program indicates otherwise, each high school student to take and correctly answer at least 70 percent of the questions on a test composed of at least 50 but not more than 60 of the questions on the civics portion of the U.S. Naturalization Test in order to graduate high school with a standard or advanced studies diploma, provided that such student may take such test at any time during grades nine through 12 and as many times during such period as necessary to achieve the minimum 70 percent passing score.

A BILL to amend and reenact § 22.1-253.13:4 of the Code of Virginia, relating to high school graduation requirements; passing score on select questions from the U.S. Naturalization Test.

23103621D

H.B. 2432

Patron: LaRock


Sage's Law; Minors and students self-identifying as a gender different from biological sex; counseling; parental notification; parental care. Requires any person licensed as administrative or instructional personnel by the Board of Education and employed by a local school board who, in the scope of his employment, has reason to believe, as a result of direct communication from a student, that such student is self-identifying as a gender different from the student's biological sex to contact as soon as practicable at least one of such student's parents to ask whether such parent is aware of the student's mental state and whether the parent wishes to obtain or has already obtained counseling for such student. The bill requires the Board of Education to include in its guidelines for making such contact criteria to assess whether students have begun to self-identify as a gender different from their biological sex and criteria for notification of and discussions with parents of students self-identifying as a gender different from their biological sex. The bill also prohibits any licensed school counselor, professional counselor, clinical social worker, or psychologist or other counseling personnel in any school division from (i) encouraging or coercing a minor to withhold from the minor's parent the fact that the minor's perception of his or her gender or sex is inconsistent with the minor's biological sex or (ii) withholding from a minor's parent information relating to the minor's perception that his or her gender or sex is inconsistent with the minor's biological sex. Finally, the bill clarifies, in the definition of the term "abused or neglected child," that in no event shall referring to and raising the child in a manner consistent with the child's biological sex, including related mental health or medical decisions, be considered abuse or neglect.

A BILL to amend and reenact § 63.2-100 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 22.1-273.5, relating to minor students experiencing gender incongruence; parental notification of certain expressions and requests and parental permission for certain plans required; parental care.

23106311D

H.B. 2490

Patron: Davis

Division laboratory schools; application and establishment; Laboratory School Fund established. Provides a framework for the application for and establishment of a division laboratory school as a public, nonreligious, or non-home-based alternative school located within a local school division that is created as a new public school or through the conversion of all or part of an existing public school and is subject to the student assessment and accountability requirements applicable to other public schools in the Commonwealth. The bill exempts division laboratory schools from certain laws that govern other public schools in the Commonwealth and permits such schools to operate free from specified school division policies and state regulations and be granted flexibility in school scheduling. Finally, the bill establishes the Laboratory School Fund to be used for the purposes of establishing or supporting college partnership laboratory schools and division laboratory schools.

A BILL to amend and reenact §§ 22.1-349.1 and 22.1-349.5 of the Code of Virginia; to amend the Code of Virginia by adding in Chapter 19.1 of Title 22.1 an article numbered 2, consisting of sections numbered 22.1-349.12 through 22.1-349.24, and an article numbered 3, consisting of a section numbered 22.1-349.25; and to repeal § 22.1-349.2 of the Code of Virginia, relating to laboratory schools; application and establishment.

23106292D

H.B. 2495

Patron: Durant

Establishment of Middle School Mathematics Innovation Zone Program. Establishes the Middle School Mathematics Innovation Zone Program, to be administered by the Department of Education, for the purpose of assisting local school divisions to implement competency-based mathematics education and evidence-based mathematics learning models in grades six, seven, and eight in partnership with technical assistance providers and other approved providers, with preference to be given to public middle schools that demonstrate need based on data from the immediately preceding school year on the grades five, six, and seven mathematics Standards of Learning assessments, rural public middle schools, and public middle schools in economically disadvantaged areas.

A BILL to amend the Code of Virginia by adding a section numbered 22.1-207.8, relating to establishment of Middle School Mathematics Innovation Zone Program.

23106275D