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2024 SESSION

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Senate Committee on Education and Health

Chair: Ghazala F. Hashmi

Clerk: Hobie Lehman, Madison Odallo
Staff: Julia Carlton
Date of Meeting: January 18, 2024
Time and Place: 8 AM / Senate Room A, General Assembly Building
https://virginia-senate.granicus.com/ViewPublisher.php?view_id=3

S.B. 13

Patron: Favola

Board of Education; child day programs; licensure and use of office buildings. Directs the Board of Education to amend its regulations to permit any child day program to operate in an office building, defined as any building containing more than two rental units that are rented primarily for retail, commercial, or professional use, provided such office building satisfies the legal and regulatory requirements for licensure as a child day program.

A BILL to direct the Board of Education to amend its regulations to permit any child day program to operate in an office building.

24100479D

S.B. 27

Patron: Stanley

Public School Trades Incentive Fund and Program; established. Establishes the Public School Trades Incentive Fund (the Fund) and the Public School Trades Incentive Program (the Program) for the purpose of providing grants on a competitive basis from the Fund to any school board that seeks to (i) restore high school programs that teach students skilled trades that lead to earning industry-recognized certifications or credentials or (ii) create or restore middle school programs that encourage and recruit students to participate in high school programs that teach students skilled trades that lead to earning industry-recognized certifications or credentials. The bill requires the Department of Education to administer the Program and to establish such rules and procedures relating to applications and awards as it deems appropriate, provided that the Department considers and gives appropriate weight to certain criteria for grantees. The bill permits any grantee to use Program funds for equipment, curriculum development, or instructor training. The bill requires each grantee to longitudinally track students who complete any program for which the school board received funds in order to determine the effectiveness of the (a) new or restored middle school programs in recruiting students to participate in restored high school programs and (b) restored high school programs in matching students with high-paying jobs in the fields in which they are certified or credentialed.

A BILL to amend the Code of Virginia by adding in Article 4 of Chapter 13 of Title 22.1 a section numbered 22.1-227.2, relating to Public School Trades Incentive Fund and Program; established.

24101813D

S.B. 28

Patron: Stanley

School boards; powers and duties; policies regarding cell phones and other handheld communication devices. Permits each school board to develop and implement a policy to prohibit the possession or use of cell phones and other handheld communication devices during regular school hours.

A BILL to amend the Code of Virginia by adding a section numbered 22.1-79.5:1, relating to school boards; powers and duties; policies regarding cell phones and other handheld communication devices.

24101810D

S.B. 35

Patron: Locke

Board of Medicine; Board of Nursing; continuing education; continuing competency; unconscious bias and cultural competency. Directs the Board of Medicine and the Board of Nursing to require unconscious bias and cultural competency training as part of the continuing education and continuing competency requirements for renewal of licensure. The bill specifies requirements for the training and requires the Board of Medicine and Board of Nursing to report on the training to the Department of Health and the Neonatal Perinatal Collaborative.

A BILL to direct the Board of Medicine and the Board of Nursing to require completion of training on unconscious bias and cultural competency as part of their continuing education and continuing competency requirements for licensure.

24101202D

S.B. 46

Patron: VanValkenburg

Public institutions of higher education; admissions applications; legacy admissions and admissions based on donor status prohibited. Prohibits any public institution of higher education from providing any manner of preferential treatment in the admissions decision to any student applicant on the basis of such student's legacy status, defined in the bill, or such student's familial relationship to any donor to such institution.

A BILL to amend the Code of Virginia by adding a section numbered 23.1-407.2, relating to public institutions of higher education; admissions applications; legacy admissions and admissions based on donor status prohibited.

24101274D

S.B. 60

Patron: Favola

Department of Education; guidelines for individualized education program teams relating to certain age-appropriate and developmentally appropriate instruction; availability and posting. Requires the Department of Education to make available to each school board and post on its website by the beginning of the 2024-2025 school year the guidelines established in accordance with relevant law for individualized education program (IEP) teams to use in developing IEPs for children with disabilities relating to the need for age-appropriate and developmentally appropriate instruction.

A BILL to amend and reenact § 22.1-217.03 of the Code of Virginia, relating to guidelines for individualized education program teams relating to certain age-appropriate and developmentally appropriate instruction; availability and posting.

24103268D

S.B. 62

Patron: Stanley

New College Institute; duties. Requires the New College Institute to design and implement, in collaboration with the Department of Education, the Virginia Community College System, the State Council of Higher Education for Virginia, the Virginia Board of Workforce Development, and other relevant agencies and organizations, any workforce development programs necessary to support the initiatives of the Office of the Governor, including adult education and workforce training programs.

A BILL to amend and reenact § 23.1-3111 of the Code of Virginia, relating to New College Institute; duties.

24102086D

S.B. 71

Patron: McPike

Public institutions of higher education; admissions applications; legacy admissions and admissions based on donor status prohibited. Prohibits any public institution of higher education from providing any manner of preferential treatment in the admissions decision to any student applicant on the basis of such student's legacy status, defined in the bill, or such student's familial relationship to any donor to such institution.

A BILL to amend the Code of Virginia by adding a section numbered 23.1-407.2, relating to public institutions of higher education; admissions applications; legacy admissions and admissions based on donor status prohibited.

24104326D

S.B. 74

Patron: Durant

Prescription Monitoring Program; release of records to drug court administrators and behavioral health docket administrators. Requires the Director of the Department of Health Professions to release otherwise confidential information from the Prescription Monitoring Program when such information is relevant to a specific investigation, supervision, or monitoring of a specific recipient for purposes of the administration of criminal justice to drug court administrators and behavioral health docket administrators who have completed the Virginia State Police Drug Diversion School designated by the Director of the Department of Corrections or his designee. The bill requires release of the information upon receiving a request for information in accordance with the Department of Health Profession's regulations and in compliance with applicable federal law and regulations.

A BILL to amend and reenact § 54.1-2523 of the Code of Virginia, relating to Prescription Monitoring Program; release of records to drug court administrators and behavioral health docket administrators.

24102595D

S.B. 83

Patron: McGuire

Home instruction; parents; criteria. Removes the four enumerated criteria--holding a high school diploma, being a teacher of qualifications prescribed by the Board of Education, providing the child with a program of study or curriculum that may be delivered through a correspondence course or distance learning program or in any other manner, or providing evidence of the ability to provide an adequate education for the child--by which a parent is permitted to provide home instruction for his school-age child. The bill does not affect the requirement for such a parent to annually provide a description of the home instruction curriculum before the school year begins and evidence of the child's academic progress after the school year ends.

A BILL to amend and reenact § 22.1-254.1 of the Code of Virginia, relating to home instruction; parents; criteria.

24102945D

S.B. 84

Patron: McGuire

Students who receive home instruction; participation in interscholastic programs. Prohibits public schools from joining an organization governing interscholastic programs that does not deem eligible for participation a student who (i) receives home instruction; (ii) has demonstrated evidence of progress for two consecutive academic years; (iii) is in compliance with immunization requirements; (iv) is entitled to free tuition in a public school; (v) has not reached the age of 19 by August 1 of the current academic year; (vi) is an amateur who receives no compensation but participates solely for the educational, physical, mental, and social benefits of the activity; (vii) complies with all disciplinary rules and is subject to all codes of conduct applicable to all public high school athletes; and (viii) complies with all other rules governing awards, all-star games, maximum consecutive semesters of high school enrollment, parental consents, physical examinations, and transfers applicable to all high school athletes. The bill provides that no local school board is required to establish a policy to permit students who receive home instruction to participate in interscholastic programs. The bill permits reasonable fees to be charged to students who receive home instruction to cover the costs of participation in such interscholastic programs, including the costs of additional insurance, uniforms, and equipment. The bill has an expiration date of July 1, 2029.

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 participation in public school interscholastic programs by students who receive home instruction.

24102959D

S.B. 127

Patron: VanValkenburg

Public school staffing ratios; school counselors; specialized student support positions. Decreases from one to 325 to one to 250 the ratio of full-time equivalent school counselors required to be employed by each local school board per student enrolled in the local school division. The bill also increases the number of specialized student support positions required to be employed by each local school board from at least three to at least four such positions per 1,000 students in the local school division. 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 § 22.1-253.13:2, as it shall become effective, of the Code of Virginia, relating to public school staffing ratios; school counselors; specialized student support positions.

24102209D

S.B. 128

Patron: VanValkenburg

Public school funding; certain calculations. Places several parameters on Standards of Quality funding calculations performed by the Department of Education, including (i) requiring the Department, when calculating the cost of salaries under the Standards of Quality funding formula, to include facilities staff and transportation staff salaries in the calculation of any cost of competing adjustment to salaries for instructional and support positions that is provided as part of the state share of basic aid pursuant to the general appropriation act; (ii) requiring the Department, when estimating the cost of any compensation supplement for instructional and support positions under the Standards of Quality funding formula, to include and estimate the cost of such a compensation supplement for facilities staff; (iii) prohibiting the Department from applying any cap on inflation rate adjustments to non-personal cost categories during the biennial process of rebenchmarking the direct aid to public education budget; and (iv) requiring the Department to utilize a three-year average of the most recently available data to calculate the composite index of local ability-to-pay for each school division.

A BILL to amend the Code of Virginia by adding a section numbered 22.1-98.3, relating to public school funding; certain calculations.

24102208D

S.B. 133

Patron: Head

Physician assistants; practice agreement exemption. Allows physician assistants employed by a hospital or employed in certain facilities operated by the Department of Behavioral Health and Developmental Services or in federally qualified health centers designated by the Centers for Medicare and Medicaid Services to practice without a separate practice agreement if the credentialing and privileging requirements of the applicable facility include a practice arrangement, as described in the bill.

A BILL to amend and reenact §§ 54.1-2951.1, 54.1-2952, 54.1-2952.1, and 54.1-2953 of the Code of Virginia, relating to physician assistants; practice agreement exemption.

24101483D

S.B. 154

Patron: Head

Advance Health Care Planning Registry; amendment of regulations. Amends the list of documents that may be submitted to the Advance Health Care Directive Registry to include any other document that supports advance health care planning. The bill also changes the name of the Advance Health Care Directive Registry to the Advance Health Care Planning Registry. The bill directs the Department of Health to amend certain Advance Health Care Planning Registry regulations.

A BILL to amend and reenact §§ 54.1-2994 and 54.1-2995 of the Code of Virginia, relating to Advance Health Care Planning Registry; amendment of regulations.

24103704D

S.B. 155

Patron: Head

Virginia Health Workforce Development Authority. Modifies the enabling legislation for the Virginia Health Workforce Development Authority by adding four additional ex officio members to the Authority, directing changes to regulations regarding qualifications for nursing faculty and qualified mental health professionals, establishing a work group to address health workforce shortages, and creating a program for health workforce development. The bill directs the Board of Nursing and the Board of Counseling to adopt emergency regulations to implement relevant provisions of the bill and for the work group to submit its report to the Governor and the relevant committees of the General Assembly by October 1, 2025.

A BILL to amend and reenact §§ 32.1-122.7, 32.1-122.7:1, and 32.1-122.7:2 of the Code of Virginia, relating to Virginia Health Workforce Development Authority.

24103715D

S.B. 159

Patron: Boysko

State Council of Higher Education for Virginia; membership. Requires the membership of the State Council of Higher Education for Virginia to include at least one nonlegislative citizen member who has served as a chief executive officer of an accredited nonprofit private institution of higher education whose primary purpose is to provide collegiate, graduate, or professional education and not to provide religious training or theological education. The bill has a delayed effective date of July 1, 2026.

A BILL to amend and reenact § 23.1-200 of the Code of Virginia, relating to State Council of Higher Education for Virginia; membership.

24100442D

S.B. 181

Patron: Rouse


Public elementary and secondary schools; cardiac emergency response plans required; grant program established. Requires each public elementary or secondary school to develop a cardiac emergency response plan (CERP) that addresses the appropriate use of school personnel to respond to incidents involving an individual who is experiencing sudden cardiac arrest or a similar life-threatening emergency while on school grounds and, in the event that such school has an athletic department or organized athletic program, while attending or participating in an athletic practice or event. The bill requires each such CERP to integrate nationally recognized evidence-based core elements such as those recommended by the American Heart Association guidelines and to integrate certain provisions and guidelines, including those relating to establishing a cardiac emergency response team, activating such team in response to a sudden cardiac event, and integrating the CERP into the local community's emergency medical services response protocols. The bill also requires, with such funds as may be appropriated for such purpose pursuant to the general appropriation act, the Department to establish and administer the CERP Grant Program for the purpose of awarding grants, on a competitive basis, to any public elementary or secondary school to assist such school in the development or implementation of its CERP or in the purchase or funding of activities or equipment that further promotes CERP preparedness, giving priority to certain high-need schools.

A BILL to amend the Code of Virginia by adding a section numbered 22.1-271.9, relating to public elementary and secondary schools; cardiac emergency response plans required; grant program established.

24102513D

S.B. 250

Patron: Hashmi

Department of Medical Assistance Services; remote ultrasound procedures; remote fetal non-stress tests. Directs the Department of Medical Assistance Services to modify the state plan for medical assistance to include a provision allowing for reimbursement under certain conditions for remote ultrasound procedures and remote fetal non-stress tests.

A BILL to amend and reenact § 32.1-325 of the Code of Virginia, relating to the Department of Medical Assistance Services; remote ultrasound procedures; remote fetal non-stress tests.

24101640D

S.B. 274

Patron: Deeds


Prescription Drug Affordability Board established; drug cost affordability review. Establishes the Prescription Drug Affordability Board for the purpose of protecting the citizens of the Commonwealth and other stakeholders within the health care system from the high costs of prescription drug products. The bill directs the Governor to appoint the members and alternate members of the Board and requires the Board to meet in open session at least four times annually, with certain exceptions and requirements enumerated in the bill. Members of the Board are required to disclose any conflicts of interest, as described in the bill. The bill also creates a stakeholder council for the purpose of assisting the Board in making decisions related to drug cost affordability. The bill tasks the Board with identifying prescription, generic, and other drugs, as defined in the bill, that are offered for sale in the Commonwealth and, at the Board's discretion, conducting an affordability review of any prescription drug product. The bill lists factors for the Board to consider that indicate an affordability challenge for the health care system in the Commonwealth or high out-of-pocket costs for patients. The bill also provides that any person aggrieved by a decision of the Board may request an appeal of the Board's decision and that the Attorney General shall have authority to enforce the provisions of the bill.

The bill requires the Board to report its findings and recommendations to the General Assembly twice annually, beginning on July 1, 2025, and December 31, 2025. Provisions of the bill shall apply to state-sponsored and state-regulated health plans and health programs and obligate such policies to limit drug payment amounts and reimbursements to an upper payment limit amount set by the Board, if applicable, following an affordability review. The bill specifies that Medicare Part D plans shall not be bound by such decisions of the Board.

The bill also requires manufacturers of prescription drugs to report information annually by April 1 to the Board instead of a nonprofit organization contracted by the Department of Health. Finally, the bill contains a severability clause and has a delayed effective date of January 1, 2025.

 

A BILL to amend and reenact § 54.1-3442.02 of the Code of Virginia and to amend the Code of Virginia by adding in Title 32.1 a chapter numbered 7.3, consisting of sections numbered 32.1-276.12 through 32.1-276.21, relating to Prescription Drug Affordability Board established; drug cost affordability review.

24101144D

S.B. 283

Patron: Roem


School meals; availability at no cost to students. Provides that each school board shall require each public elementary and secondary school in the local school division to participate in the federal National School Lunch Program and the federal School Breakfast Program administered by the U.S. Department of Agriculture or in the Community Eligibility Provision (CEP) as provided in relevant law, if applicable, and to make lunch and breakfast available to any student who requests such a meal at no cost to the student, unless the student's parent has provided written permission to the school board to withhold such a meal from the student. The bill also requires the Department of Education to reimburse each public elementary and secondary school for each school breakfast and lunch served to a student, with a maximum of one breakfast and one lunch per student per school day and provides the formula for determining the state reimbursement rate for such meals. The bill contains provisions directing each school board to adopt policies and procedures aimed at maximizing access to federal funds available for the cost of participating in school breakfast and lunch programs and maximizing determinations of student eligibility for federal free or reduced cost meal reimbursements rates and participation in CEP. The bill also lowers the minimum identified student percentage for a school to be eligible to participate in CEP from 40 to 25 percent in accordance with the updated federal CEP regulations (7 C.F.R. § 245.9(f)(3)(i)). The bill also requires the Secretary of Education, in coordination with the Secretary of Finance, to convene a stakeholder work group to study and make recommendations on ways to avoid or mitigate the impact of offering statewide free school breakfast and lunches on other state-funded programs and to submit a report on such findings and recommendations by January 15, 2025, to the Senate Committee on Education and Health and the House Committee on Education. The bill also repeals provisions of law relating to the federal School Breakfast Program and to school meal debt that are rendered obsolete by the provisions of the bill.

A BILL to amend and reenact §§ 22.1-79.7:1 and 22.1-207.4:1 of the Code of Virginia and to repeal §§ 22.1-79.7 and 22.1-207.3 of the Code of Virginia, relating to school meals; availability at no cost to students.

24101521D

S.B. 314

Patron: Roem

Department of Education; establishment of Farm to School Program Task Force. Requires the Department of Education to establish and appoint such members as it deems necessary or appropriate to the Farm to School Program Task Force for the purpose of increasing student access throughout the Commonwealth to high-quality farm to school programs, defined in the bill as programs (i) whereby public schools purchase and feature prominently in school meals locally produced food or (ii) that involve experiential student learning opportunities relating to local food and agriculture, including school and community garden programs and local farm visits. The bill requires the Task Force to collaborate with local school boards, community-based organizations, farmers, relevant state and local agencies, and other relevant stakeholders to (a) assess existing farm to school programs within the Commonwealth to identify and disseminate to each local school board best practices for implementing and sustaining such programs, (b) establish and distribute to each local school board a guidance document for the establishment and operation of school garden programs, (c) provide information and resources to each local school board to assist it in leveraging grant funds to support farm to school programs, and (d) collect such data and make such policy recommendations to local school boards, the Board of Education, and the General Assembly as it deems appropriate.

A BILL to amend the Code of Virginia by adding a section numbered 22.1-23.4, relating to Department of Education; establishment of Farm to School Program Task Force.

24101529D

S.B. 318

Patron: Roem

Public institutions of higher education; Hunger-Free Campus Grant Program established; report. Establishes the Hunger-Free Campus Grant Program (the Program) to address student food insecurity at public institutions of higher education. The bill provides that the Program shall be managed by the State Council of Higher Education for Virginia and available for participation by public institutions of higher education; however, participation in the Program shall be optional for such institutions. Under the bill, if a public institution of higher education satisfies certain criteria set out in the bill, including creating initiatives on campus to address student food insecurity, it shall be designated as a "Hunger-Free Campus" and the Council shall award a grant to such institution. A public institution of higher education that receives a grant under the bill shall utilize the funds to support on-campus efforts and initiatives to eliminate student food insecurity at such institution. The bill requires the Council to submit a report to the Chairmen of the Senate Committee on Education and Health and the House Committee on Education no later than two years after the establishment of the Program.

A BILL to amend the Code of Virginia by adding a section numbered 23.1-409.2, relating to public institutions of higher education; Hunger-Free Campus Grant Program; established; report.

24104716D

S.B. 320

Patron: Roem

Department of Health; WIC applications; information. Directs the Department of Health to provide information, resources, and education to food banks regarding providing assistance to individuals completing a Women, Infants, and Children (WIC) application.

A BILL to direct the Department of Health to provide information, resources, and education to food banks regarding outreach opportunities for providing assistance to individuals completing a Women, Infants, and Children (WIC) application.

24101535D

S.B. 325

Patron: Roem

Vital records; birth certificates; adoption; members of the military. Directs the State Registrar to issue a new birth certificate no later than two business days after receipt of adoption records for a person born in the Commonwealth if at least one adoptive parent is an active duty or retired member of the military or military reserves. The bill directs the court decreeing the adoption to deliver such records to the State Registrar no later than five business days from such decree.

A BILL to amend and reenact § 32.1-261 of the Code of Virginia, relating to vital records; birth certificates; adoption; members of the military.

24102890D

S.B. 525

Patron: Williams Graves

Stillbirth Support Grant Program. Establishes the Stillbirth Support Grant Program for the purpose of providing grants to individuals who delivered a stillborn child, as defined by the bill, to assist with out-of-pocket costs associated with such delivery. Under the bill, an application for such a grant must be submitted within the same calendar year as such delivery of a stillborn child occurs.

A BILL to amend the Code of Virginia by adding in Article 2 of Chapter 3 of Title 32.1 a section numbered 32.1-78.1, relating to Stillbirth Support Grant Program.

24105044D

S.B. 613

Patron: Pillion

Institutions of higher education; campus safety; governing boards of certain educational institutions; employment of security services and personnel authorized. Authorizes the governing board of certain educational institutions, including the A.L. Philpott Manufacturing Extension Partnership, the Institute for Advanced Learning and Research, the New College Institute, the Roanoke Higher Education Authority, the Southern Virginia Higher Education Center, and the Southwest Virginia Higher Education Center, to establish and maintain a campus security department and to employ security personnel. Under current law, the governing board of any such educational institution is only authorized to contract for security services.

A BILL to amend and reenact § 23.1-818 of the Code of Virginia and to amend the Code of Virginia by adding in Article 1 of Chapter 31 of Title 23.1 a section numbered 23.1-3100.1, relating to institutions of higher education; campus safety; governing boards of educational institutions; employment of security services and personnel authorized.

24103138D