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2024 SESSION

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Senate Committee on Education and Health

Chair: Ghazala F. Hashmi

Clerk: Hobie Lehman
Staff: Julia Bergamini, Hannah Yates
Date of Meeting: February 1, 2024
Time and Place: 8:30 AM / Senate Room A, 3rd Floor, General Assembly Building
https://virginia-senate.granicus.com/ViewPublisher.php?view_id=3

S.B. 21

Patron: Salim

Public institutions of higher education; policies; individuals with disabilities. Requires each public institution of higher education to adopt a policy that makes certain documentation or evidence enumerated in the bill that is submitted by an enrolled or admitted student sufficient to establish that the student is an individual with a disability. The bill requires each such policy to include a transparent and explicit process by which the institution determines eligibility for accommodations for an individual with a disability and requires each such institution to disseminate information about such process to students, the parents of students as appropriate, and faculty in accessible formats, including during any student orientation, and make such information available on a conspicuous and publicly accessible page on the institution's website.

A BILL to amend the Code of Virginia by adding a section numbered 23.1-401.3, relating to public institutions of higher education; policies; individuals with disabilities.

24102839D

S.B. 34

Patron: Locke

Temporary detention; certified evaluators; report. Authorizes hospitals with a psychiatric emergency department located in Planning District 21 to employ certain trained individuals to perform evaluations to determine whether a person meets the criteria for temporary detention for behavioral health treatment. The bill requires participating hospitals with psychiatric emergency departments in Planning District 21 to annually report the number of temporary detention order evaluations completed, the number of temporary detention orders petitioned, the number of individuals evaluated for temporary detention who were determined to not meet the criteria for temporary detention, and the number of individuals under a temporary detention order admitted to a state facility to the Chairmen of the Senate Committee on Education and Health, the House Committee on Health, Welfare and Institutions, and the Behavioral Health Commission. The bill has an expiration date of July 1, 2026.

A BILL to amend and reenact §§ 37.2-800, 37.2-804.2, 37.2-808 through 37.2-810, 37.2-814, 37.2-816, 37.2-817, and 37.2-1104 of the Code of Virginia, relating to temporary detention; certified evaluators; report.

24101203D

S.B. 72

Patron: McPike


Board of Education; creation and maintenance of Virginia Parent Data Portal. Requires the Board of Education, on or before July 1, 2025, 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) provides functionality to enable school division personnel to manage and restrict 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. 

The bill satisfies the reenactment requirement of Chapter 652 of the Acts of Assembly of 2023.

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; report.

24102892D

S.B. 119

Patron: Lucas

Drug manufacturers; permitting and registration; certain conditions related to 340B-covered drugs. Requires a drug manufacturer, as a condition of obtaining a permit or as a condition of registration or renewal of registration, to certify that it does not limit the number of contract pharmacies or covered entities, as defined in relevant law, to which it ships 340B-covered drugs and that it does not impose requirements, exclusions, reimbursement terms, or other conditions on a contract pharmacy or covered entity that differ from those applied to pharmacies or entities that are not contract pharmacies or covered entities on the basis that the pharmacy or entity is a contract pharmacy or covered entity or that the pharmacy or entity dispenses 340B-covered drugs.

A BILL to amend and reenact §§ 54.1-3437 and 54.1-3442.01 of the Code of Virginia, relating to drug manufacturers; permitting and registration; certain conditions related to 340B-covered drugs.

24103910D

S.B. 140

Patron: Carroll Foy

Fetal and Infant Mortality Review Team established; penalty; report. Establishes the Fetal and Infant Mortality Review Team to develop and implement procedures to ensure that fetal and infant deaths occurring in the Commonwealth are analyzed in a systematic way. The bill requires the Team to compile triennial statistical data regarding fetal and infant deaths and to make such data available to the Governor, the General Assembly, and the Department of Health. The bill provides that information and records obtained or created by the Team and portions of meetings of the Team at which individual fetal and infant deaths are discussed shall be confidential.

A BILL to amend and reenact §§ 2.2-3705.5, 2.2-3711, as it is currently effective and as it may become effective, and 2.2-4002 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 32.1-283.9, relating to the Fetal and Infant Mortality Review Team established; penalty; report.

24101503D

S.B. 149

Patron: Suetterlein

Department of Medical Assistance Services; Department of Behavioral Health and Developmental Services; 1915(c) Home and Community Based Services Medicaid Waivers; state plan amendments; program rule modifications. Directs the Department of Medical Assistance Services and the Department of Behavioral Health and Developmental Services to seek to modify the program rules for certain 1915(c) Home and Community Based Services Medicaid Waivers to (i) eliminate the requirement that, in order for a legally responsible individual to receive reimbursement for personal care services, no one else is available to provide services to the member; (ii) modify the program rules to allow for respite services when the legally responsible individual is the unpaid caregiver; and (iii) modify the program rules to allow a legally responsible individual or stepparent to be the employer of record.

A BILL to direct the Department of Medical Assistance Services and the Department of Behavioral Health and Developmental Services to submit state plan amendments to the Centers for Medicare and Medicaid Services to seek to modify the program rules for certain 1915(c) Home and Community Based Services Medicaid Waivers.

24103632D

S.B. 186

Patron: Subramanyam

Secretary of Health and Human Resources; wholesale prescription drug importation program. Directs the Secretary of Health and Human Resources to establish a wholesale prescription drug importation program that complies with the requirements of federal law and to report annually by October 1 to the Governor and the Chairmen of the House Committees on Appropriations and Health, Welfare and Institutions and the Senate Committees on Finance and Appropriations and Education and Health on the wholesale prescription drug importation program. The bill also requires the Secretary to (i) convene a work group composed of relevant stakeholders to develop a plan for implementation of the wholesale prescription drug importation program and report the plan to the Governor and the Chairmen of the House Committees on Appropriations and Health, Welfare and Institutions and the Senate Committees on Finance and Appropriations and Education and Health by December 1, 2024, and (ii) seek such federal approvals, waivers, exemptions, or agreements as may be necessary to enable all covered entities enrolled in or eligible for the federal 340B Drug Pricing Program to participate in the wholesale prescription drug importation program to the greatest extent possible without jeopardizing their eligibility for the 340B Drug Pricing Program by July 1, 2025.

A BILL to amend the Code of Virginia by adding in Article 6 of Chapter 2 of Title 2.2 a section numbered 2.2-214.1:1, relating to Secretary of Health and Human Resources; wholesale prescription drug importation program.

24103007D

S.B. 199

Patron: Diggs

High school graduation requirements; satisfaction of certain course credits with workforce credentials; development and maintenance of list of accepted credentials. Requires the Board of Education, in collaboration with the Virginia Community College System, to develop and maintain a current, comprehensive, and uniform list of industry-recognized workforce credentials that students may take as a substitute for certain units of credit required for graduation, including such credentials that are accepted as substitutes for (i) laboratory science credits or (ii) electives credits. The bill provides that such list uniformly applies across each local school division and that each school board is required to accept as a substitute for a required credit any credential listed as an accepted substitute for such required credit. The bill also requires any College and Career Access Pathways Partnership entered into between a school board and a comprehensive community college to specify, consistent with the list, industry-recognized credentials that are accepted as substitutes for certain credits required for high school graduation. Finally, the bill requires the Board, in establishing graduation requirements, to permit any student to substitute (i) three standard units of credit and one verified credit in laboratory science or (ii) credits for electives for completion of any industry-approved workforce credential that is included on the list as an accepted substitute for such credits.

A BILL to amend and reenact §§ 22.1-253.13:1, as it shall become effective, and 22.1-253.13:4 of the Code of Virginia, relating to high school graduation requirements; satisfaction of certain course credits with workforce credentials; development and maintenance of list of accepted credentials.

24101786D

S.B. 225

Patron: Pekarsky

School board policies; parental notification; safe storage of firearms in the household. Requires each local school board to develop and implement a policy to require the annual notification of the parent of each student enrolled in the local school division, to be sent by email and SMS text message within 30 calendar days succeeding the first day of each school year, of the parent's legal responsibility to safely store any firearm present in the household, risks associated with improperly stored firearms, statistics relating to firearm-related accidents, injuries, and death among youth, and other tips and strategies. The bill requires each school board to make such parental notification available in multiple languages on its website.

A BILL to amend and reenact § 22.1-79.3 of the Code of Virginia, relating to school board policies; parental notification; safe storage of firearms in the household.

24104957D

S.B. 227

Patron: Hashmi


Public school funding; certain calculations; certain support services positions; programs for at-risk students. 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. The bill also amends Standard of Quality 2 by (a) including in the definition of "support services position" any central office clerical position that is not otherwise set forth in such definition, (b) requiring a per-pupil Standards of Quality funding add-on to be provided for English language learner and special education students, (c) requiring, in addition to the positions supported by basic aid, state funding, pursuant to the general appropriation act, to be provided to cover the actual average school division cost to educate children with disabilities, and (d) establishing the At-Risk Program, defined in the bill as any state funding provided for programs of prevention, intervention, or remediation or pursuant to the at-risk add-on for the purpose of supporting programs for students who are educationally at risk. The bill requires (1) the determination of the amount of state funding for which a school division is eligible pursuant to such At-Risk Program to be based on the school division's identified student percentage, defined in the bill as the fraction, expressed as a percentage, that results from dividing the number of identified students enrolled in a school division by the total number of students enrolled in such school division, weighted by the factor of 1.5, and then adjusted by the addition of a percentage that corrects for undercounting English language learner students as identified students and (2) such funding to be distributed as follows: 60 percent on a flat per-student rate and 40 percent on a variable rate set out in the general appropriation act based on the concentration of poverty in the school division.

A BILL to amend and reenact §§ 22.1-199.1, 22.1-253.13:2, as it shall become effective, and 51.1-617 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 22.1-98.3, relating to public school funding; certain calculations; certain support services positions; programs for at-risk students.

24104668D

S.B. 228

Patron: Hashmi

Public school funding; English language learner students and children with disabilities. Requires, in addition to the positions supported by basic aid, state funding, pursuant to the general appropriation act, to be provided to cover (i) the actual average school division cost to educate children with disabilities and (ii) a per-pupil Standards of Quality funding add-on for English language learner and special education students.

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 funding; English language learner students and children with disabilities.

24104669D

S.B. 231

Patron: Hashmi


Comprehensive children's health care coverage program. Directs the Department of Medical Assistance Services (the Department) to establish a program to provide state-funded comprehensive health care coverage for individuals in the Commonwealth who (i) are under 19 years of age, (ii) are not covered under a group health plan or health insurance coverage, and (iii) but for their immigration status would be eligible for medical assistance services through the Commonwealth's program of medical assistance services established pursuant to Title XIX or XXI of the Social Security Act. The bill also requires the Department to ensure that all program information is made available in a manner that is accessible to individuals with limited English proficiency and individuals with disabilities through the provision of language access services, including oral interpretation and written translations, free of charge and to ensure that information obtained by the program remains confidential and is not disclosed for any purpose not related to the administration of the program or any purpose related to civil immigration enforcement unless the subject of the information consents to such disclosure or the requesting agency presents a valid judicial order, subpoena, or warrant.

The bill also requires the Department to (a) establish a work group composed of individuals with direct and lived experience with the program eligibility criteria established by the bill and individuals with experience conducting outreach to individuals who are eligible for the program established by the bill to advise and assist the Department in carrying out marketing and outreach activities required by the bill and (b) seek all federal waivers and other approvals necessary to maximize federal financial participation in the cost of carrying out the program established by the bill.

 

A BILL to amend the Code of Virginia by adding in Title 32.1 a chapter numbered 13.01, consisting of a section numbered 32.1-353.01, relating to comprehensive children's health care coverage program.

24104864D

S.B. 264

Patron: Craig

Department of Education; school boards; student online activity; data collection, monitoring, and restrictions. Requires the Department of Education to establish, and each school board to adhere to, (i) requirements relating to the collection of data on student online activity and the monitoring of student online activity by school boards and school board employees, including requirements to disclose to the parents of enrolled students what student online activity is tracked and monitored on school or personal devices on school property and what data on student online activity is being collected on school or personal devices and (ii) a requirement to set the most restrictive age-appropriate limits on student access to social media platforms, YouTube and other video platforms, and search engines and other search features on school devices and permit the parents of each enrolled student to waive such limits for their child by submitting a written request to the school division. The bill also requires the Department to establish and distribute to each school board a template that each such school board is required to use to (a) make certain disclosures to the parents of enrolled students relating to student online activity tracking or monitoring and the collection of data on such activity and (b) permit the parents of each enrolled student to opt their child out of any such tracking, monitoring, or collection.

A BILL to amend the Code of Virginia by adding a section numbered 22.1-23.4, relating to Department of Education; school boards; student online activity; data collection, monitoring, and restrictions.

24104680D

S.B. 272

Patron: Hashmi

Public school staffing ratios; teachers; English language learner students. Requires state funding to be provided pursuant to the general appropriation act to support divisionwide ratios of English language learner students in average daily membership to full-time equivalent teaching positions as follows: (i) for each English language learner identified as proficiency level one, one position per 25 students; (ii) for each English language learner identified as proficiency level two, one position per 30 students; (iii) for each English language learner identified as proficiency level three, one position per 40 students; and (iv) for all other English language learners, one position per 50 students. Current law requires state funding to be provided pursuant to the general appropriation act to support one such teaching position per 50 English language learner students, regardless of the identified English proficiency level of such students.

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; teachers; English language learner students.

24104762D

S.B. 277

Patron: Hashmi

Certificate of public need; expansion of expedited application and review process. Requires the Board of Health to promulgate regulations expanding the expedited application and review process for certificates of public need to numerous additional project types.

A BILL to amend and reenact §§ 32.1-102.2 and 32.1-102.6 of the Code of Virginia, relating to certificate of public need; expansion of expedited application and review process.

24101587D

S.B. 331

Patron: Stuart

Physicians; informed consent; disclosure of certain information prior to hysterectomy or oophorectomy. Requires physicians to obtain informed consent from a patient prior to performing a hysterectomy or oophorectomy. Prior to obtaining informed consent, physicians must inform the patient of the patient's freedom to withhold or withdraw consent, refer the patient to the Hysterectomy Educational Resources and Services (HERS) Foundation, and provide the patient with anatomical diagrams relevant to the procedure. The bill allows physicians to forego obtaining informed consent when a hysterectomy or oophorectomy is performed in a life-threatening emergency situation.

A BILL to amend the Code of Virginia by adding a section numbered 54.1-2971.2, relating to physicians; informed consent; disclosure of certain information prior to hysterectomy or oophorectomy.

24101973D

S.B. 347

Patron: Reeves


Virginia Military Survivors and Dependents Education Program. Provides that the stepchild of a living veteran or military service member, as described in the bill, is eligible to receive a tuition and fee waiver under the Virginia Military Survivors and Dependents Education Program if such living veteran or military service member claimed such stepchild on his tax return for at least five years prior to the date on which the admission application was submitted. The bill reduces the scope of the Program's applicability by providing that an admitted qualified survivor or dependent is only eligible for a waiver of tuition and mandatory fees (i) for an undergraduate program at any public institution of higher education and (ii) up to the amount necessary to pay for the last-dollar cost of the tuition and mandatory fees after all other federal and state financial aid to which such qualified survivor or dependent is entitled are utilized. Current law does not limit eligibility for a waiver of tuition and mandatory fees to undergraduate programs and does not require such waiver to be limited any tuition and mandatory fees remaining after all other federal and state financial aid to which the qualified survivor or dependent is entitled are utilized. The bill also provides that a qualified survivor or dependent, in order to be eligible for a waiver of tuition and mandatory fees, must (a) complete the federal Free Application for Student Aid (FAFSA) each year for which he seeks to receive a waiver and (b) maintain satisfactory academic progress pursuant to 20 U.S.C. § 1091(c). Finally, the bill exempts from the requirement limiting the receipt and use of such waivers to undergraduate programs any individual who qualified for a waiver of tuition and mandatory fees under the Program prior to the provisions of the bill going into effect and is currently enrolled in a public institution of higher education or Eastern Virginia Medical School.

A BILL to amend and reenact § 23.1-608, as it is currently effective and as it may become effective, of the Code of Virginia, relating to the Virginia Military Survivors and Dependents Education Program.

24103278D

S.B. 379

Patron: Boysko

Public high schools; research-based hazing prevention instruction. Requires each local school board to develop a program of research-based hazing prevention instruction to be provided to students in grade nine or 10 as a part of their physical and health education. The bill requires such hazing prevention instruction to include age-appropriate, extensive and current education about hazing, including (i) examples of hazing; (ii) the dangers of hazing, including the consequences of alcohol intoxication; and (iii) school policies and laws related to hazing, including criminal penalties and bystander intervention. The bill requires such research-based hazing prevention instruction to be offered in-person and, for any student who is enrolled in an online or virtual physical or health education program, virtually. The bill also directs the Board of Education to incorporate such hazing prevention instruction into the Standards of Learning for physical and health education for students in grade nine or 10. Under current law, activities designed to prevent the recurrence of violence and crime, including hazing, is required but no time frame is specified nor specific program on hazing prevention required as part of the Standards of Learning. The bill requires such research-based hazing prevention instruction to be implemented beginning with the 2025-2026 school year.

A BILL to amend and reenact §§ 22.1-207, 22.1-253.13:1, as it shall become effective, and 22.1-279.9 of the Code of Virginia, relating to public high schools; research-based hazing prevention instruction.

24104596D

S.B. 387

Patron: Pekarsky


Public elementary and secondary schools; policies and requirements relating to naloxone. Requires each local school board to develop, in accordance with the guidelines developed by the Department of Health in collaboration with the Department of Education, plans and policies for each public elementary and secondary school relating to opioid overdose prevention and reversal, including (i) the procurement, storage, and maintenance of at least two unexpired doses of naloxone at each such school; (ii) the possession and administration of naloxone by school board employees; and (iii) providing, pursuant to the provisions of the bill, immunity from any disciplinary action or civil or criminal liability to any employee of a public elementary or secondary school who, regardless of whether such employee was trained and certified in the administration of naloxone, in good faith administers naloxone for opioid overdose reversal to any individual who is believed to be experiencing or about to experience a life-threatening opioid overdose, except in the case of gross negligence or willful misconduct.

The bill modifies the list of individuals who are authorized to administer naloxone or other opioid antagonists to include any school board employee who has completed training and is certified in the administration of naloxone by an organization authorized by the Department of Behavioral Health and Developmental Services to provide such training and certification. Current law limits such authorization to school nurses or school board employees contracted by a school board to provide school health services.

Finally, the bill directs the Department of Health and the Department of Education to collaborate to develop guidelines and policies for the implementation of the provisions of the bill and directs the Department of Education to submit such guidelines to relevant committees of the General Assembly by January 1, 2025. The bill requires such guidelines and policies to be implemented by each school board by the beginning of the 2026–2027 school year.

A BILL to amend and reenact § 54.1-3408 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 22.1-274.4:1, relating to public elementary and secondary schools; policies and requirements relating to naloxone.

24104969D

S.B. 390

Patron: Pekarsky

Sudden Unexpected Death in Epilepsy; protocol; information; training. Requires the Office of the Chief Medical Examiner to take certain actions upon the finding that an individual died from Sudden Unexpected Death in Epilepsy (SUDEP), defined in the bill. The bill directs the Office of the Chief Medical Examiner to publish information on SUDEP and a SUDEP death investigation form on its website. Additionally, the bill requires the Chief Medical Examiner and local medical examiners to complete training in the investigation of SUDEP on a triennial basis. The bill has a delayed effective date of January 1, 2025.

A BILL to amend the Code of Virginia by adding a section numbered 32.1-283.9, relating to Sudden Unexpected Death in Epilepsy; protocol; information; training.

24104210D

S.B. 395

Patron: Pekarsky

Public elementary and secondary schools; student athletes; pre-participation mental health assessment required. Provides that no public elementary or secondary school student is permitted to be a participant on or try out for any school athletic team or squad with a predetermined roster, regular practices, and scheduled competitions with other elementary or secondary schools unless such student has submitted to the school principal a signed report from a licensed physician, licensed advanced practice registered nurse, or licensed physician assistant acting under the supervision of a licensed physician attesting that such student has, within the preceding 365 days, received both a physical examination and a mental health assessment. Current law only requires that the signed report attest that any such student has received a physical examination within the preceding 12 months. The bill prohibits any public elementary or secondary school from becoming a member of any organization or entity that regulates or governs interscholastic programs that does not deem eligible for participation any student who has satisfied the requirements for eligibility in accordance with the provisions of the bill. The provisions of the bill other than the requirement for the Board of Education to convene a work group have a delayed effective date of July 1, 2025.

A BILL to amend and reenact § 22.1-271.7 of the Code of Virginia, relating to public elementary and secondary schools; student athletes; pre-participation mental health assessment required.

24102782D

S.B. 403

Patron: Durant

Behavioral health aides; scope of practice, supervision, and qualifications. Adds behavioral health aides and behavioral health aide trainees to the professions governed by the Board of Counseling. The bill directs the Board of Counseling to adopt regulations governing the behavioral health aide and behavioral health aide trainee profession.

A BILL to amend and reenact §§ 54.1-3500 and 54.1-3505 of the Code of Virginia and to amend the Code of Virginia by adding in Chapter 35 of Title 54.1 an article numbered 4, consisting of sections numbered 54.1-3518 and 54.1-3519, relating to behavioral health aides; scope of practice, supervision, and qualifications.

24104589D

S.B. 418

Patron: Head

Virginia Museum of Transportation; established. Establishes the Virginia Museum of Transportation as a public entity and educational institution under the Commonwealth. The bill provides that the Museum is governed by a 15-member board of trustees.

A BILL to amend and reenact §§ 2.2-208, 2.2-2905, and 23.1-101 of the Code of Virginia and to amend the Code of Virginia by adding in Chapter 32 of Title 23.1 an article numbered 8, consisting of sections numbered 23.1-3229 through 23.1-3232, relating to Virginia Museum of Transportation; established.

24101498D

S.B. 443

Patron: Durant

Public schools; transfer and management of scholastic records; disclosure of information in court notices; transfer of disciplinary records; requirements. Requires the superintendent of any school division to, upon receiving notification of the disposition in a delinquency case concerning a student who is not enrolled in such school division, forward such notification to the superintendent of the school division where such student is enrolled or where such student intends to enroll, as evidenced by the receipt of a request from the other school division for such student's scholastic records. Current law only permits the superintendent of any such school division to forward such notification to the superintendent of the school division in which the student is currently enrolled. The bill also requires a copy of the complete student disciplinary records of any student transferring from one school division to another to be transferred to the school division to which such student is transferring, upon request from such school division.

A BILL to amend and reenact §§ 16.1-305.1 and 22.1-289 of the Code of Virginia, relating to public schools; transfer and management of scholastic records; disclosure of information in court notices; transfer of disciplinary records; requirements.

24103959D

S.B. 445

Patron: Durant

Veterans and active duty members of the Armed Forces; teachers; credit for service. Requires each local school board to give any veteran or active duty member of any of the Armed Forces of the United States or the Commonwealth who it employs as a teacher in the local school division credit for any time served in any such forces in determining such teacher's step on the local school division's teacher salary scale.

A BILL to amend the Code of Virginia by adding a section numbered 22.1-289.3, relating to veterans and active duty members of the Armed Forces; teachers; credit for service.

24100267D

S.B. 474

Patron: Obenshain

Virginia Public School Construction Grants Program and Fund; career and technical education programs eligible. Directs the Board of Education to revise the guidelines on the administration of the Virginia Public School Construction Grants Program to explicitly clarify that grants provided to a qualifying school division under the Program may be used for construction, additions, infrastructure, site acquisition, and renovations for buildings and facilities used for career and technical education programs provided at a regional comprehensive school. The bill also provides that "public school buildings and facilities" or "public school buildings" for the purposes of the Program includes any school building or facility used for career and technical education programs provided at any regional comprehensive school.

A BILL to amend and reenact § 22.1-175.1 of the Code of Virginia, relating to Virginia Public School Construction Grants Program and Fund; career and technical education programs eligible.

24103371D

S.B. 484

Patron: Aird

Public schools; certain local school divisions; youth and community violence prevention; Community Builders Pilot Program and Fund established; report. Establishes the Community Builders Pilot Program and Fund for the purpose of reducing youth involvement in behaviors that lead to gun violence and increasing community engagement among public school students by providing to students who are entering the eighth grade and enrolled in Roanoke City Public Schools and Petersburg City Public Schools opportunities during the school year after regular school hours and during the summer months for community engagement, workforce development, postsecondary education exploration, and social-emotional education and development. The bill provides that the school boards of Roanoke City Public Schools and Petersburg City Public Schools shall be responsible for the administration of the Program and are directed to collect data and report to the Governor and relevant committees of the General Assembly by November 1 of each year on the progress of the Program. The bill has an expiration date of July 1, 2027.

A BILL to amend the Code of Virginia by adding a section numbered 22.1-211.1, relating to public schools; certain local school divisions; youth and community violence prevention; Community Builders Pilot Program and Fund established; report.

24104736D

S.B. 488

Patron: Aird

Department of Medical Assistance Services; Department of Behavioral Health and Developmental Services; 1915(c) Home and Community Based Services Medicaid Waivers; state plan amendments; program rule modifications. Directs the Department of Medical Assistance Services and the Department of Behavioral Health and Developmental Services to seek federal authority through the necessary state plan amendments under Titles XIX and XXI of the Social Security Act to seek to modify the program rules for certain 1915(c) Home and Community Based Services Medicaid Waivers to (i) modify the 40-hour-per-week work limit to allow legally responsible individuals with more than one waiver-receiving child to receive reimbursement for 40 hours of work per week per child receiving a waiver; (ii) eliminate the requirement that, in order for a legally responsible individual to receive reimbursement for personal care services, no one else be available to provide services to the member; and (iii) modify the program rules to allow a legally responsible individual or stepparent to be the employer of record.

A BILL to direct the Department of Medical Assistance Services and the Department of Behavioral Health and Developmental Services to submit state plan amendments to the Centers for Medicare and Medicaid Services to seek to modify the program rules for certain 1915(c) Home and Community Based Services Medicaid Waivers.

24104869D

S.B. 498

Patron: Carroll Foy

School-connected overdoses; policies relating to parental notification and response; requirements. Requires each division superintendent or his designee to notify the parent of each student in the local school division of any school-connected overdose, defined as any verified overdose that occurs on school premises during or after regular school hours or during school-sanctioned activities whether on or off school premises, within 24 hours of learning of the overdose and to include in such notification as much information as is known about the circumstances surrounding the overdose. The bill requires the Board of Education to establish guidelines for school-connected overdose response and parental notification policies, including (a) a model action plan for each school board to follow in responding to the overdose, including communicating and coordinating with the Department of Education and the local law-enforcement liaison or local law-enforcement agency that employs the school resource officers for such school division, and (b) criteria for issuing the parental notification to ensure sensitivity to the privacy interests of any affected individuals.

A BILL to amend the Code of Virginia by adding a section numbered 22.1-272.1:1, relating to school-connected overdoses; policies relating to parental notification and response; requirements.

24104503D

S.B. 501

Patron: Surovell


Virginia College Savings Plan; Virginia College Opportunity Endowment and Fund. Directs the board of the Virginia College Savings Plan (the Plan) to deposit $250 million per year of surplus moneys from the Plan's fund into the Virginia College Opportunity Fund (the Fund), established by the bill. The bill provides that such deposit shall not be made or shall be reduced in any year in which the College Opportunity Investment Advisory Committee (the Committee) determines that certain conditions relating to the Plan's funded status are not met. The Committee is established by the bill as an advisory committee for the Plan, for the purpose of determining the amount of deposits to be made to the Fund.

The bill provides that financial management of the Fund is the responsibility of the board of the Plan but authorizes the board of the Virginia College Opportunity Endowment (the Endowment), also established by the bill, to manage a scholarship program funded by the Fund. The bill establishes an individual and corporate income tax subtraction for donations to the Fund.

Under the bill, the Endowment provides scholarships to students who attend or plan to attend one of 12 eligible universities named in the bill. The bill provides that only such students who meet the eligibility requirements for a Federal Pell Grant and commit to being employed in Virginia, or being enrolled in postgraduate education in Virginia, for at least eight years after graduation from an eligible university are eligible for such scholarships.

A BILL to amend and reenact §§ 23.1-701, 23.1-704, 23.1-706, 58.1-322.03, as it is currently effective and as it may become effective, 58.1-344.3, and 58.1-402 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 23.1-702.1 and by adding in Title 23.1 a chapter numbered 7.1, consisting of sections numbered 23.1-714 through 23.1-717, relating to Virginia College Savings Plan; Virginia College Opportunity Endowment and Fund.

24100972D

S.B. 506

Patron: Surovell


Public institutions of higher education; legal counsel; scope of employment; duties and powers of governing board. Provides that the governing board of each public institution of higher education shall have authority over the employment of all legal counsel for the institution, including decision-making authority in the commencement or termination of any legal counsel, the employment of outside legal counsel, the oversight and management of any legal counsel, and the appointment of a general counsel to serve as the chief legal officer of the institution. The bill provides that the chief legal officer and the vice president or similarly situated executive officer of such institution shall, under the direction of the governing board of such institution, conduct the legal affairs of and provide legal advice and representation for such institution on any matter that the governing board determines to be in the interest of the institution. The bill clarifies the scope of the involvement of the Attorney General in the legal affairs of public institutions of higher education, providing that the Attorney General may only provide legal service to a public institution of higher education upon request of the governing board of such institution or upon the governing board's decision to delegate all authority in accordance with the provisions of the bill. The bill also provides that the approval of the Attorney General shall be required for any legal settlement involving consideration in excess of $5 million. The bill permits the governing board of any public institution of higher education with less than 7,500 full-time students to delegate all authority over legal counsel conferred pursuant to the provisions of the bill but requires any such governing board (i) intending to make such delegation to submit notice of such intention by January 1, 2025 and (ii) intending thereafter to delegate such authority or to rescind a prior delegation of such authority to submit notice of such intention by January 1 of the immediately succeeding odd-numbered year. Finally, the bill clarifies the duties of the governing board of each public institution of higher education in its collective capacity and of the members of such governing board in their individual capacities.

 

A BILL to amend and reenact §§ 2.2-507, 23.1-1303, and 23.1-1304 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 23.1-102.2, relating to public institutions of higher education; legal counsel; scope of employment; duties and powers of governing board.

24104446D

S.B. 518

Patron: Williams Graves

Public high schools; personnel; college and career specialist required. Requires each school board to employ at least one college and career specialist, as defined in the bill, in each public high school in the local school division. The bill provides that each such individual shall be employed in addition to and not as a replacement for the required school counselor positions, specialized student support positions, or support services 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 elementary and secondary schools; personnel; high school college and career specialist required.

24101836D

S.B. 553

Patron: Hackworth

Board of Nursing; certain students in nursing education programs; out-of-state clinical sites. Directs the Board of Nursing to amend its regulations to permit students in nursing education programs in the Commonwealth who live within 60 miles of a bordering state or the District of Columbia to complete an unlimited number of required clinical hours at out-of-state clinical sites. The bill requires the regulations to specify that the Board must accept such hours for licensure.

A BILL to direct the Board of Nursing to amend its regulations related to out-of-state clinical sites.

24100907D

S.B. 579

Patron: Obenshain

Nursing homes and certified nursing facilities; professional liability insurance. Specifies that the required minimum amount of professional liability coverage for nursing homes and certified nursing facilities is the amount per occurrence. The bill also requires such coverage to be noneroding, i.e., the coverage limits are not reduced by legal costs.

A BILL to amend and reenact § 32.1-127, as it is currently effective and as it shall become effective, of the Code of Virginia, relating to nursing homes and certified nursing facilities; professional liability insurance.

24103088D

S.B. 608

Patrons: Aird, Pekarsky

Public education; community schools; Office of Community Schools at Department of Education; Community School Development and Implementation Planning Grant; Community School Coordinator Program; state goal. Requires the Department of Education to establish the Office of Community Schools as an office within the Department for the purpose of supporting the development and growth of community schools throughout the Commonwealth in accordance with the Virginia Community School Framework and requires the Office to establish and administer (i) the Community School Development and Implementation Planning Grant for the purpose of providing grants to school boards that seek to designate any school within the local school division as a community school to assist with the planning and implementation of such designation and (ii) the Community School Coordinator Program for the purpose of providing funding to school boards that previously completed a planning grant and now seek to employ or hire through contracted services with a qualified nonprofit organization a community school coordinator to oversee any community school designated in the local school division. The bill also establishes a state goal of prioritizing funding for such initiatives and grant programs to enable their expansion to serve the top 33 percent of public elementary and secondary schools in the Commonwealth for highest identified student percentage, as defined in the bill, based on data from the immediately preceding school year.

A BILL to amend and reenact § 22.1-199.7 of the Code of Virginia, relating to public education; community schools; Office of Community Schools at Department of Education; Community School Development and Implementation Planning Grant; Community School Coordinator Program; state goal.

24104575D

S.B. 609

Patrons: Aird, Roem


Public school funding; At-Risk Program established. Establishes the At-Risk Program, defined in the bill as any state funding provided for programs of prevention, intervention, or remediation or pursuant to the at-risk add-on for the purpose of supporting programs for students who are educationally at risk. The bill requires (i) the determination of the amount of state funding for which a school division is eligible pursuant to the At-Risk Program to be based on the school division's identified student percentage, defined in the bill as the fraction, expressed as a percentage, that results from dividing the number of identified students enrolled in a school division by the total number of students enrolled in such school division, weighted by the factor of 1.5, and then adjusted by the addition of a percentage that corrects for undercounting English language learner students as identified students and (ii) such funding to be distributed as follows: 60 percent on a flat per-student rate and 40 percent on a variable rate set out in the general appropriation act based on the concentration of poverty in the school division. The bill provides that any school division that would have received more state funds for the at-risk add-on and programs of prevention, intervention, or remediation than it would pursuant to the consolidation of such state funding sources under the At-Risk Program established in the bill shall be held harmless and shall not have its share of such state funding reduced, effective for the 2024–2025 school year through the 2026–2027 school year.

A BILL to amend and reenact §§ 22.1-199.1, 22.1-253.13:2, as it shall become effective, and 51.1-617 of the Code of Virginia, relating to public school funding; certain calculations; certain support services positions; At-Risk Program established.

24104574D

S.B. 610

Patrons: Suetterlein, Pekarsky

Department of Medical Assistance Services; Department of Behavioral Health and Developmental Services; slot-retention requests; Developmental Disability waivers; sunset. Directs the Department of Medical Assistance Services and the Department of Behavioral Health and Developmental Services to amend their regulations to allow for support coordinators to request and subsequently obtain approval of consecutive waiver slot-retention requests for a period of 365 calendar days for individuals who have been assigned a Developmental Disability waiver slot. Current regulations allow for four consecutive 30-day slot-retention extensions. The bill sunsets on June 30, 2026.

A BILL to direct the Department of Medical Assistance Services and the Department of Behavioral Health and Developmental Services to amend its regulations related to slot-retention requests for Developmental Disability waiver slots; sunset.

24105008D

S.B. 614

Patron: Pillion

Schedule III drugs. Adds xylazine to the list of Schedule III drugs.

A BILL to amend and reenact § 54.1-3450 of the Code of Virginia, relating to Schedule III drugs; xylazine.

24104627D

S.B. 624

Patron: Lucas

Public education; student literacy measures. Clarifies several provisions of the Virginia Literacy Act (the Act), enacted during the 2022 Regular Session of the General Assembly and effective with the 2024-2025 school year, including (i) clarifying that the term "evidence-based literacy instruction" does not include practices that instruct students to gain meaning from print through the use of (a) three-cueing, which includes semantic, syntactic, and graphophonic cues; (b) meaning, structure, and visual cues; or (c) visual memory for word recognition; (ii) removing the option to use a literacy screener approved by the Department of Education for certain purposes enumerated in the Act; (iii) requiring the Department to develop a list of core literacy curricula for students in kindergarten through grade five and supplemental instruction practices and programs and intervention programs for students in kindergarten through grade eight that consist of evidence-based literacy instruction aligned with science-based reading research; and (iv) requiring each divisionwide literacy plan to address how the local school board will align (a) core reading and literacy curriculum for students in kindergarten through grade five and (b) screening, supplemental instruction, and interventions for students in kindergarten through grade eight with evidence-based literacy instruction practices aligned with science-based reading research.

A BILL to amend and reenact §§ 22.1-1, 22.1-253.13:1, and 22.1-253.13:6, as they shall become effective, of the Code of Virginia, relating to public education; student literacy measures.

24103040D

S.B. 678

Patron: Rouse

Intercollegiate athletics, student-athletes; compensation and representation for name, image, or likeness.

A BILL to amend and reenact § 23.1-408.1 of the Code of Virginia, relating to intercollegiate athletics, student-athletes; compensation and representation for name, image, or likeness.

24105621D

S.B. 716

Patron: Carroll Foy


Virginia Contraception and Reproductive Health Care Protection Act. Establishes the Virginia Contraception and Reproductive Health Care Protection Act. The bill provides that no law-enforcement officer acting in the Commonwealth or employed by the Commonwealth or any of its localities or political subdivisions may investigate, arrest, or detain any person, seek the issuance of a warrant, or otherwise assist in or provide support for any investigation regarding either the provision or receipt of reproductive health care services, as defined in the bill, not prohibited under the laws of the Commonwealth or any person's menstrual health data. The bill creates a private right of action for any person who is aggrieved by such unlawful investigation to obtain an injunction or other equitable relief against such law-enforcement officer.

The bill also allows a health care provider to bring an action to recover damages, costs, and attorney fees against the underlying plaintiff in any case in which an action against the health care provider lawfully providing reproductive health care services is dismissed, and such an action was found to be frivolous, vexatious, primarily for the purposes of harassment, or otherwise sanctionable.

Lastly, the bill also prohibits the Board of Medicine from taking disciplinary action against a doctor based on the alleged provision or receipt of abortion care that is not prohibited under the laws of the Commonwealth, regardless of where such abortion care was provided or received. The bill also specifies that grounds for refusal to issue a certificate or license to any applicant or to take disciplinary action for procuring or performing an abortion apply to such action only as it is prohibited by the laws of the Commonwealth. Under current law, such grounds for refusal or disciplinary action apply for procuring or performing a criminal abortion.

A BILL to amend and reenact § 54.1-2915 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 8.01-225.04 and by adding a section numbered 19.2-10.5, relating to the Virginia Contraception and Reproductive Health Care Protection Act.

24104822D

S.B. 717

Patron: McDougle

Public institutions of higher education; duties of governing boards; acceptance and use of donations. Provides that the governing board of each public institution of higher education may receive, take, hold, and enjoy any donation or gift made to such institution or governing board and may use and administer any such donation or gift for the uses and purposes designated by the donor or, if no such specific designation is made, for the general purposes of the institution. The bill provides that in the event that a donor specifically designates any particular use or purpose for a donation or gift, each governing board is required to appropriate such donation or gift and any resulting interest, income, and profits only to such specifically designated use or purpose, provided, however, that if such specifically designated use or purpose fails by any means such that the specifically designated use or purpose is permanently frustrated, the whole donation or gift, including unexpended principal and interest, will revert to and be vested in the donor or his legal representatives.

A BILL to amend and reenact § 23.1-1304.1 of the Code of Virginia, relating to public institutions of higher education; duties of governing boards; acceptance and use of donations.

24103429D

S.B. 726

Patron: Pillion


Public secondary schools; naloxone procurement, possession, and administration; school board employee training and certification; opioid overdose prevention and reversal instruction; guidelines and requirements. Requires each local school board to develop, in accordance with the guidelines developed by the Department of Health in collaboration with the Department of Education, plans and policies for each secondary school that includes grades nine through 12 relating to opioid overdose prevention and reversal, including: (i) the procurement, storage, and maintenance of at least two unexpired doses of naloxone at each such secondary school; (ii) the possession and administration of naloxone by school board employees authorized to and trained and certified in the administration of naloxone and the employment of at least one such school board employee at each such secondary school; and (iii) the development and implementation of an opioid overdose prevention and reversal program of instruction to be completed by each student as a part of the high school graduation requirements.

The bill also requires each local school board to place at least two doses of naloxone in every public secondary school that includes grades nine through 12 in the local school division and to provide replacement doses as necessary. The bill requires each such secondary school to, pursuant to the policies developed by the Department of Health and the Department of Education, (a) ensure that at least one faculty or staff member is authorized to and trained and certified in the administration of naloxone and (b) provide an opioid overdose prevention and reversal program of instruction to be completed by each student as a high school graduation requirement.

In addition, the bill modifies the school board employees who are authorized to administer naloxone or other opioid antagonists to include any school board employee who has completed training and is certified in the administration of naloxone by an organization authorized by DBHDS to provide such training and certification. Current law limits such authorization to school nurses or school board employees contracted by a school board to provide school health services.

Finally, the bill directs the Department of Health and the Department of Education to collaborate to develop guidelines and policies for the implementation of the provisions of the bill and for the Department of Education to submit such guidelines to the House Committee on Appropriations, the House Committee on Education, the Senate Committee on Education and Health, and the Senate Committee on Finance and Appropriations by January 1, 2025. The bill requires such guidelines and policies to be implemented by each school board by the beginning of the 2026–2027 school year.

A BILL to amend and reenact §§ 22.1-253.13:4 and 54.1-3408 of the Code of Virginia and to amend the Code of Virginia by adding sections numbered 22.1-206.01 and 22.1-274.4:1, relating to public secondary schools; naloxone procurement, possession, and administration; school board employee training and certification; opioid overdose prevention and reversal instruction; guidelines and requirements.

24104902D