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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 8, 2024
Time and Place: 8:30 AM / Senate Room A, 3rd floor, General Assembly Building
Updated to add SB 518

S.B. 37

Patron: McGuire

Sage's Law; minor students experiencing gender incongruence; parental notification of certain expressions and requests and parental permission for certain plans required; parental care. Requires each public elementary or secondary school principal or his designee to (i) as soon as practicable, inform at least one parent of a minor student enrolled in such school if such minor (a) expresses to any individual who is employed in such school that such minor is experiencing gender incongruence, as defined in the bill, or (b) requests that any such employee participate in social affirmation of such minor's gender incongruence or the transition of such minor to a sex or gender different from the minor's biological sex while at school and (ii) request and receive permission from at least one parent of a minor student enrolled at such school prior to the implementation at such school of any plan concerning any gender incongruence experienced by such minor, including any counseling of such minor at school. Any such plan shall include provision for parental participation to the extent requested by the parent. The bill also 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.

24101444D

S.B. 68

Patron: Peake

Elementary and secondary schools; athletics; participation in female sports; civil cause of action. Requires each public elementary or secondary school and each private elementary or secondary school that competes in sponsored athletic events against such public schools to designate all interscholastic athletic teams and intramural athletic teams sponsored by such school based on biological sex as follows: (i) for "males," "men," or "boys"; (ii) for "females," "women," or "girls"; or (iii) as "coed" or "mixed" if such team is open to participation by (a) "males," "men," or "boys" and (b) "females," "women," or "girls." The bill prohibits any student whose biological sex is male and who has not physically transitioned to female prior to puberty from participating on any school athletic team or squad designated for "females," "women," or "girls." Finally, the bill creates a civil cause of action for students and schools that suffer harm as a result of a violation of the provisions of the bill, provided that such action is initiated within two years of the harm occurring.

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

24100908D

S.B. 75

Patron: Durant

Early childhood care and education; publicly funded providers; exemption from licensure for certain child day programs. Excepts military child care fee assistance or any child care subsidy paid by a branch of the Armed Forces of the United States from the federal funds that would otherwise render a child day program as a "publicly funded provider," as that term is defined and used in relevant law relating to early childhood care and education. The bill also exempts from licensure by the Superintendent of Public Instruction any child day program that (i) serves only dependent children of military personnel and (ii) (a) is located on a military base or federal property or (b) is certified as a family child care provider by a branch of the Armed Forces of the United States and provides that any branch of the Armed Forces of the United States or its agent, including an installation commander of a military base on which a child day program is located, may assume responsibility for approving or determining which children may be served by the program that is so exempted from licensure.

A BILL to amend and reenact §§ 22.1-289.02 and 22.1-289.030 of the Code of Virginia, relating to early childhood care and education; publicly funded providers; exemption from licensure for certain child day programs.

24103164D

S.B. 76

Patron: Durant

Child day centers operated by religious institutions; exemption from licensure by Superintendent of Public Instruction. Exempts fully from the statutory requirement to be licensed by the Superintendent of Public Instruction any child day center that is operated or conducted under the auspices of a religious institution that (i) has tax exempt status as a nonprofit religious institution in accordance with § 501(c) of the Internal Revenue Code of 1954, as amended, or (ii) owns and exclusively occupies real property that is exempt from local taxation. Under current law, such child day centers are exempt from licensure but are still subject to several enumerated requirements. The bill, however, preserves the requirement for such child day centers to conduct background checks for employees and volunteers and prohibits the employment or service at such child day centers of any such individual who has been convicted of any barrier crime as defined in relevant law or who is the subject of a founded complaint of child abuse or neglect.

A BILL to amend and reenact §§ 15.2-741, 15.2-914, 22.1-289.04, 22.1-289.030, 22.1-289.035, 22.1-289.039, 22.1-289.049, 22.1-289.057, and 22.1-289.058 of the Code of Virginia and to repeal § 22.1-289.031 of the Code of Virginia, relating to child day centers operated by religious institutions; exemption from licensure by Superintendent of Public Instruction.

24103207D

S.B. 96

Patron: Stanley


Special education; Parental Behavior Technician Registration and Participation Pilot Program; established. Establishes the Parental Behavior Technician Registration and Participation Pilot Program (the Pilot Program), to be developed and administered by the Board of Education in collaboration with the Department of Health and the Advisory Board on Behavioral Analysis, for the purpose of assisting parents of students with autism spectrum disorder (ASD) with becoming a registered behavior technician (RBT) in order to provide assistance to their children both in the classroom as a volunteer under the supervision of a licensed behavior analyst or other qualified Applied Behavior Analysis (ABA) individual and outside the classroom in the home environment. The bill provides that the Pilot Program shall assist any eligible parent, defined as any parent of a child with ASD who is enrolled in a public school in the Commonwealth and receives special education, by (i) providing assistance, resources, and support to any eligible parent in meeting the requirements to receive an RBT credential and (ii) coordinating with the school board of the school division in which the child of an RBT-credentialed parent is enrolled to set up a volunteer position for the parent to provide assistance as an RBT in his child's special education program under the supervision of a licensed behavior analyst or other qualified ABA individual. The bill provides that funds appropriated for the at-risk add-on or for support services from basic school aid, pursuant to relevant law, may be used to fund the Pilot Program. Finally, the bill requires the Board of Education to report annually to the Governor and the Generally Assembly by October 1 of each year for the duration of the Pilot Program on the progress of the Pilot Program. The provisions of the bill expire on July 1, 2027.

A BILL to amend the Code of Virginia by adding a section numbered 22.1-215.3, relating to special education; Parental Behavior Technician Registration and Participation Pilot Program; established.

24102048D

S.B. 141

Patron: Ruff

State Department of Health; regulation of certain organizations; sale of food. Expands a current exemption to allow churches, fraternal or school organizations, organizations that are exempt from taxation under § 501(c)(3) of the Internal Revenue Code, and volunteer fire departments and volunteer emergency medical services agencies that not only hold, as provided for in current law, but also participate in occasional dinners, bazaars, and other fundraisers of one or two days' duration, at which food (i) prepared in the homes of members; (ii) prepared in the kitchen of the church, school, or organization; or (iii) purchased or donated from a licensed restaurant is offered for sale to the public to conduct such activities without applying for any permits or licensure from the State Department of Health.

A BILL to amend and reenact § 35.1-25 of the Code of Virginia, relating to State Department of Health; regulation of certain organizations; sale of food.

24102264D

S.B. 142

Patron: Ruff

Public school teachers; licensure requirements; one-year local eligibility license; alternate routes and flexibility; report. Requires the Board of Education to include in its teacher licensure regulations provisions authorizing each school board to, upon recommendation of the division superintendent and in accordance with the criteria set forth in the bill, issue a one-year local eligibility license that is only valid within the issuing school division and renewable for no more than one additional year to any individual who (i) received a baccalaureate degree from a regionally accredited institution of higher education, (ii) has experience or training in a subject or content area as the school board and division superintendent may deem appropriate for the applicable teaching position or endorsement area, and (iii) is not seeking to provide instruction in special education or eligible for collegiate professional or postgraduate professional licensure. The bill establishes several requirements, criteria, and conditions relating to a local eligibility license, including criteria and requirements relating to probationary terms of employment, eligibility for receiving a collegiate professional or postgraduate professional license after the expiration of the one-year eligibility license, and conditions that must be met before attaining continuing contract status. Finally, the bill requires the Board of Education to convene a work group to make recommendations on revising teacher licensure requirements to increase flexibility in licensure requirements and alternate routes to licensure and improve teacher recruitment and retention. The work group is required to submit a report on such recommendations to the Governor, the Senate Committee on Education and Health, and the House Committee on Education by November 1, 2024.

A BILL to amend and reenact §§ 22.1-298.1, as it shall become effective, 22.1-299, and 22.1-303 of the Code of Virginia, relating to public school teachers; licensure requirements; one-year local eligibility license; alternate routes and flexibility; report.

24103530D

S.B. 153

Patron: Head

Medical Ethics Defense Act established. Establishes the right of a medical practitioner, health care institution, or health care payer not to participate in or pay for any medical procedure or service that violates such medical practitioner's, health care institution's, or health care payer's conscience, as those terms and conditions are defined in the bill. The bill provides protections for medical practitioners who disclose violations of the bill or report violations of laws or ethical guidelines for the safe provision of any medical procedure or service. The bill also provides a private right of action for any party harmed by violations of the bill.

A BILL to amend the Code of Virginia by adding in Title 32.1 a chapter numbered 21, consisting of sections numbered 32.1-376 through 32.1-380, relating to the Medical Ethics Defense Act established.

24104587D

S.B. 176

Patron: Favola


Civil commitments and temporary detention orders; definition of mental illness neurocognitive disorders and neurodevelopmental disabilities; Secretary of Health and Human Resources to evaluate placements for certain individuals; report. Specifies that for the purpose of civil commitments and temporary detention orders, behaviors and symptoms that manifest from a neurocognitive disorder or neurodevelopmental disability are excluded from the definition of mental illness and are, therefore, not a basis for placing an individual under a temporary detention order or committing an individual involuntarily to an inpatient psychiatric hospital. The bill provides that if a state facility has reason to believe that an individual's behaviors or symptoms are solely a manifestation of a neurocognitive disorder or neurodevelopmental disability, the state facility may require that a licensed psychiatrist or other licensed mental health professional reevaluate the individual's eligibility for a temporary detention order before the individual is admitted and may refuse to admit an individual if the licensed psychiatrist or other licensed mental health professional determines the individual's behaviors or symptoms are solely a manifestation of a neurocognitive disorder or neurodevelopmental disability. The foregoing provisions of the bill have a delayed effective date of July 1, 2025. The bill also directs the Secretary of Health and Human Resources to evaluate, identify, and develop placements for individuals with neurocognitive disorders and neurodevelopmental disabilities, as well as any statutory or funding changes needed to prevent inappropriate placements for such individuals, and to report his findings and recommendations by November 1, 2024. This bill is a recommendation of the Joint Legislative Audit and Review Commission and the Behavioral Health Commission.

 

A BILL to amend and reenact §§ 37.2-809, 37.2-809.1, 37.2-815, 37.2-816, and 37.2-817 of the Code of Virginia, relating to civil commitments and temporary detention orders; definition of mental illness; neurocognitive disorders and neurodevelopmental disabilities; Secretary of Health and Human Resources to evaluate placements for certain individuals; report.

24103977D

S.B. 178

Patron: Favola

Office of the State Inspector General; investigations of abuse or neglect at state psychiatric hospitals; report. Directs the Office of the State Inspector General to (i) develop a plan to fulfill its statutory obligation to fully investigate all complaints it receives alleging abuse, neglect, or inadequate care at a state psychiatric hospital and (ii) submit such plan to the Chairmen of the House Committee on Health, Welfare and Institutions and the Senate Committee on Education and Health by November 1, 2024. The bill also requires the Office to submit an annual report to the General Assembly on or before December 1 regarding the number of such complaints received and the number of complaints that were fully investigated by the Office.

A BILL to direct the Office of the State Inspector General to develop a plan and submit reports regarding investigations of abuse or neglect at state psychiatric hospitals.

24103983D

S.B. 220

Patron: Favola


Special education and related services; definitions; records retention; duties of Department of Education; parent engagement specialists; professional development; education preparation program coursework. Makes several changes relating to special education and related services for children with disabilities in public elementary and secondary schools in the Commonwealth, including (i) establishing a definition for "individualized education program" or "IEP"; (ii) requiring, after a child with a disability graduates from, ages out of, or otherwise leaves any public elementary or secondary school in the Commonwealth, such school to retain the special education records of such child for at least 75 years; (iii) requiring each local school board to (a) provide high-quality professional development in instructional practices to support specially designed instruction in inclusive settings, as that term is defined in the bill, for certain teachers and administrators employed in the local school division and (b) employ at least one full-time equivalent special education parent engagement specialist to serve as a resource to parents to understand and engage in the referral, evaluation, and eligibility process if they suspect that their child has a disability and to understand and engage in the IEP process; (iv) requiring the Department of Education, among other things, to (a) establish eight regional special education parent support centers that are each staffed by a regional special education parent ombudsman and coordinate with such division special education parent engagement specialists employed by each local school board; (b) elevate the position of State Parent Ombudsman for Special Education to perform certain functions, including systematically tracking and reporting questions and concerns raised by parents to the Superintendent of Public Instruction and coordinating the activities of such regional special education parent support centers; and (c) develop, establish, review and update as necessary at least once every five years, make available to each local school board an IEP writing, facilitation, tracking, and transfer system to be referred to as the Virginia IEP; and (v) requiring each education preparation program offered by a public institution of higher education or private institution of higher education or alternative certification program that provides training for any student seeking initial licensure by the Board of Education with certain endorsements to include a program of coursework and require all such students to demonstrate mastery in instructional practices to support specially designed instruction in inclusive settings.

A BILL to amend and reenact §§ 22.1-213, 22.1-214.4, 22.1-253.13:2, as it shall become effective, 22.1-253.13:4, 22.1-253.13:5, as it shall become effective, 22.1-289, and 23.1-902.1, as it shall become effective, of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 22.1-214.5, relating to special education and related services; definitions; records retention; duties of Department of Education; parent engagement specialists; professional development; education preparation program coursework.

24104579D

S.B. 237

Patron: Hashmi

Contraception; right to contraception; applicability; enforcement. Establishes a right to obtain contraceptives and engage in contraception, as defined in the bill. The bill creates a cause of action that may be instituted against anyone who infringes on such right.

A BILL to amend the Code of Virginia by adding in Title 32.1 a chapter numbered 21, consisting of sections numbered 32.1-376, 32.1-377, and 32.1-378, relating to contraception; right to contraception; applicability; enforcement.

24101787D

S.B. 333

Patron: Salim

State plan for medical assistance services; fertility preservation treatments; genetic material misuse; penalty. Directs the Board of Medical Assistance Services to amend the state plan for medical assistance services to include a provision for payment of medical assistance for coverage of fertility preservation for individuals diagnosed with cancer who need treatment for that cancer that may cause a substantial risk of sterility or iatrogenic infertility, as defined in the bill, including surgery, radiation, or chemotherapy. The bill also establishes that it is a Class 3 felony for a health care provider to provide assisted conception treatment to a patient and use the health care provider's own gamete without the written consent of the patient.

A BILL to amend and reenact §§ 32.1-3 and 32.1-325 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered § 18.2-67.5:01, relating to state plan for medical assistance services; fertility preservation treatments; genetic material misuse; penalty.

24103626D

S.B. 335

Patron: Salim

State plan for medical assistance services; health insurance; coverage for fertility preservation treatments. Directs the Board of Medical Assistance Services to amend the state plan for medical assistance services to include a provision for payment of medical assistance for coverage of fertility preservation for individuals diagnosed with cancer who need treatment for that cancer that may cause a substantial risk of sterility or iatrogenic infertility, as defined in the bill, including surgery, radiation, or chemotherapy. The bill also requires health insurance policies, subscription contracts, and health care plans to provide such coverage for such individuals.

A BILL to amend and reenact §§ 32.1-325 and 38.2-4319 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 38.2-3418.22, relating to state plan for medical assistance services; health insurance; coverage for fertility preservation treatments.

24103659D

S.B. 351

Patron: Boysko

Board of Medicine; Board of Nursing; joint licensing of advanced practice registered nurses and licensed certified midwives. Moves the professions of advanced practice registered nurses and licensed certified midwives from being licensed jointly by the Board of Medicine and the Board of Nursing to being licensed by the Board of Nursing only.

A BILL to amend and reenact §§ 8.01-401.2, 22.1-271.7, 32.1-134.2, 32.1-263, 32.1-282, 54.1-2900, 54.1-2901, 54.1-2910.5, 54.1-2927, 54.1-2957.9, 54.1-2972, 54.1-2973.1, 54.1-3000, 54.1-3005, 54.1-3300, 54.1-3300.1, 54.1-3301, 54.1-3303, 54.1-3401, 54.1-3408, 54.1-3482, 54.1-3482.1, and 63.2-2203 of the Code of Virginia; to amend the Code of Virginia by adding in Chapter 30 of Title 54.1 articles numbered 8 and 9, consisting of sections numbered 54.1-3044 through 54.1-3051; and to repeal §§ 54.1-2957 through 54.1-2957.04 of the Code of Virginia, relating to Board of Medicine; Board of Nursing; joint licensing of advanced practice registered nurses and licensed certified midwives.

24104734D

S.B. 352

Patron: Peake


Teachers; certain licenses and certificates. Makes several changes to provisions of law relating to the licensure and certification of teachers, including (i) establishing universal licensure by reciprocity as a category of teacher licensure in the Commonwealth for certain licensed out-of-state teachers, regardless of the traditional or alternative nature of the education preparation programs that they completed; (ii) establishing and enumerating the criteria for a subject matter expert teaching certificate to provide high-quality teaching candidates who have relevant work experience or expertise in a content or subject matter area an accelerated path toward a renewable license; (iii) permitting the division superintendent rather than the Board of Education, as is current law, to issue a career and technical education teacher a provisional license to allow time for the teacher to attain the industry certification credential required by law; (iv) permitting any high school principal to waive, for any individual whom he seeks to employ as a career and technical education teacher and who is also seeking initial licensure or renewal of a license with an endorsement in the area of career and technical education, certain applicable licensure requirements; and (v) permitting any division superintendent to directly waive, rather than apply to the Department of Education for a biennial waiver as is required under current law, the teacher licensure requirements for any individual whom the local school board hires or seeks to hire to teach in a trade and industrial education program who has obtained or is working toward an industry credential relating to the program area and who has at least 4,000 hours of recent and relevant employment experience.

A BILL to amend and reenact §§ 22.1-298.1, as it shall become effective, and 22.1-299.5 of the Code of Virginia, relating to teachers; certain licenses and certificates.

24104685D

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. 404

Patron: Durant

Certificate of public need; hospitals licensed by the Department of Behavioral Health and Developmental Services; psychiatric beds. Excludes from the list of medical care facilities for which a certificate of public need is required hospitals licensed as a provider by the Department of Behavioral Health and Developmental Services. The bill excludes the following from the list of projects for which a certificate of public need is required for certain medical care facilities: (i) an increase or relocation of psychiatric beds licensed by the Department, (ii) the introduction of any psychiatric service when such medical care facility has not provided such service in the previous 12 months, and (iii) the conversion of beds to psychiatric beds. The bill also modifies the list of projects for which a certificate of public need is required for certain medical care facilities by requiring a certificate for the conversion of any psychiatric inpatient beds to nonpsychiatric inpatient beds. Under current law, a certificate is required for the conversion of a psychiatric bed to a nonpsychiatric bed only when the psychiatric bed was approved pursuant to a Request for Applications (RFA).

A BILL to amend and reenact §§ 32.1-3 and 32.1-102.1:3 of the Code of Virginia, relating to certificate of public need; hospitals licensed by the Department of Behavioral Health and Developmental Services; psychiatric beds.

24104611D

S.B. 407

Patron: Durant

Interstate Teacher Mobility Compact. Enters the Commonwealth into the Interstate Teacher Mobility Compact, the purpose of which is to facilitate the mobility of teachers across the member states, with the goal of supporting teachers through a new pathway to licensure. The Compact is presently in effect, as it has reached the enactment threshold of 10 state members.

A BILL to amend the Code of Virginia by adding in Title 22.1 a chapter numbered 28, consisting of a section numbered 22.1-381, relating to Interstate Teacher Mobility Compact.

24103947D

S.B. 420

Patron: Head


Virginia School for the Deaf and the Blind Board of Visitors; membership; powers and duties; meetings. Expands the total membership of the Board of Visitors of the Virginia School for the Deaf and the Blind from 11 to 15 members by increasing the number of nonlegislative citizen members from seven to 11. The bill provides that of the 11 nonlegislative citizen members, two shall be parents of current students at the Virginia School for the Deaf and the Blind, of whom (i) one is the parent of a student who is deaf or hard of hearing and one is the parent of a student who is vision impaired and (ii) one represents the Eastern region of the Commonwealth and one represents the Western region of the Commonwealth; two shall be representatives of the Virginia School for the Deaf and the Blind Alumni Association who are deaf or hard of hearing; and two shall be representatives of the Alumni Association who are vision impaired. Under current law, the requirements for the parent representatives are less specific and there is only one representative of the Alumni Association. The bill also amends the powers and duties of the Board of Visitors to include supervising the superintendent, other officers, and the faculty of the school. The bill provides that, in accordance with the Virginia Freedom of Information Act, any notice of a meeting of the Board of Visitors shall state whether public comment will be received and, if so, the approximate point at which it will be received. The bill requires that at each meeting at which public comment will be received each interested individual is allotted three minutes to speak and prohibits limiting that allotted time without adequate notice prior to the date of the meeting. Finally, the bill defines the terms "deaf," "hard of hearing," and "vision impaired."

A BILL to amend and reenact § 22.1-346.2 of the Code of Virginia, relating to the Virginia School for the Deaf and the Blind Board of Visitors; membership; powers and duties; meetings.

24104743D

S.B. 433

Patron: Suetterlein

Board of Education; develop and adopt policies relating to supporting Students with Limited and/or Interrupted Formal Education (SLIFE). Directs the Board of Education to develop and adopt policies relating to supporting Students with Limited and/or Interrupted Formal Education (SLIFE students) in staying in and graduating from, or otherwise completing, high school in the Commonwealth and to develop formulas for calculating high school drop-out rates and graduation rates in the Commonwealth that do not include any SLIFE student who dropped out if such student had not yet been enrolled in a public high school in the Commonwealth for at least four semesters.

A BILL to direct the Board of Education to develop and adopt policies relating to supporting Students with Limited and/or Interrupted Formal Education (SLIFE) in staying in and graduating from high school.

24105034D

S.B. 434

Patron: Suetterlein

Public schools; instructional time. Makes several changes relating to student instructional time in public elementary and secondary schools, including (i) defining "instructional hour" for the purpose of minimum annual instructional hour requirements; (ii) establishing several provisions and requirements relating to the enrollment of part-time students in public elementary and secondary schools; (iii) requiring the Board of Education to adopt rules for approving alternative programs for which course credit may be granted for the purpose of satisfying high school graduation requirements to any student who completes such course and masters the course content by demonstrating at least 80 percent of the competencies required by course standards, regardless of time, place, or pace; and (iv) permitting school boards that govern school divisions of innovation to adopt instructional time models that allow students to personalize the pace of learning and accelerate their learning based on the mastery of course content by demonstrating at least 80 percent of the competencies required by course standards, regardless of time, place, or pace.

A BILL to amend and reenact §§ 22.1-2.1, 22.1-200.2, 22.1-207.8, 22.1-212.28, 22.1-212.29, and 23.1-905.1 of the Code of Virginia; to amend the Code of Virginia by adding a section numbered 22.1-200.3 and by adding in Article 1.5 of Chapter 13 of Title 22.1 a section numbered 22.1-212.33; and to repeal §§ 22.1-212.30, 22.1-212.31, and 22.1-212.32 of the Code of Virginia, relating to public schools; instructional time.

24104373D

S.B. 435

Patron: Suetterlein

Board of Education; through-year growth assessment system; alternatives during 2024-2025 school year. Requires the Board of Education to permit school boards to administer, during the 2024-2025 school year, assessments as alternatives to the through-year growth assessment system established by the Board, provided that any such alternative assessment is aligned to the Standards of Learning.

A BILL to permit certain student assessment flexibility for the 2024–2025 school year.

24103574D

S.B. 440

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.

24100233D

S.B. 441

Patron: Durant

School boards; teachers; terms of employment; employment verification; requirement. Requires each school board to provide written verification of employment within 10 days of receipt of any request for employment verification from a former employee of the school board.

A BILL to amend the Code of Virginia by adding a section numbered 22.1-296.5, relating to school boards; teachers; terms of employment; employment verification; requirement.

24103960D

S.B. 468

Patron: Obenshain

Certain school divisions; cost-savings agreements; requirements. Removes the limitation on any school board that enters into certain cost-savings agreements with a school board that governs a contiguous school division for the consolidation or sharing of educational, administrative, or support services and thus qualifies for adjustment of state share of basic aid computed annually on the basis of the composite index of local ability-to-pay of such contiguous school division that caps such adjusted basic aid payment at an amount equal to the basic aid payment appropriated to such locality by the 2007 Session of the General Assembly. The bill also permits, notwithstanding the requirement set forth in relevant law that a school division has 65 percent or more of its local taxes coming from real estate taxes in order for the school board that governs such school division to be eligible to enter into such cost-savings agreements with a contiguous school division, the Bath County School Board to enter into such cost-savings agreements with the Augusta County School Board, provided that all other conditions and limitations set forth in relevant law apply to any such agreement.

A BILL to amend and reenact the third enactment of Chapter 589 of the Acts of Assembly of 2008 and to permit the Bath County School Board and the Augusta County School Board to enter into certain cost-savings agreements.

24103064D

S.B. 497

Patron: Carroll Foy

Temporary detention order; alternative transportation. Provides that when a magistrate is determining whether an alternative transportation provider is available for the purposes of designating a transportation provider for the transportation of a person who is the subject of a temporary detention order, an alternative transportation provider shall be deemed available if the provider states that it is available to take custody of the person from law enforcement within six hours of issuance of the temporary detention order or an order changing the transportation provider.

A BILL to amend and reenact § 37.2-810 of the Code of Virginia, relating to temporary detention order; alternative transportation.

24102928D

S.B. 499

Patron: Carroll Foy

Donor human milk banks, health insurance; coverage for donor human milk. Prohibits any person from establishing or operating a donor human milk bank without first obtaining a license from the Department of Health. The bill directs the Department to establish criteria for the licensure of donor human milk banks and to promulgate regulations by July 1, 2025, that prohibit activities of donor human milk banks that do not meet the licensing standards and requirements

The bill requires health insurers, corporations providing health care coverage subscription contracts, and health maintenance organizations to provide coverage for expenses incurred in the provision of pasteurized donor human milk. The bill specifies that the requirement applies if the covered person is an infant younger than the age of six months and a licensed medical practitioner has issued an order for such infant who satisfies certain criteria enumerated in the bill. The bill applies to policies, contracts, and plans delivered, issued for delivery, or renewed on or after January 1, 2025. The bill also requires the state plan for medical assistance services to include a provision for payment of medical assistance services incurred in the provision of pasteurized donor human milk.

A BILL to amend and reenact §§ 32.1-325 and 38.2-4319 of the Code of Virginia and to amend the Code of Virginia by adding in Chapter 5 of Title 32.1 an article numbered 9 consisting of a section numbered 32.1-162.15:12 and by adding a section numbered 38.2-3418.22, relating to donor human milk banks; health insurance; coverage for donor human milk.

24104909D

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. 546

Patron: Bagby

Emergency custody and temporary detention orders; evaluations; presence of others. Requires (i) the facility at which an individual who is the subject of an emergency custody order is being evaluated to determine whether the individual meets the criteria for temporary detention or (ii) the hospital emergency department and treating physician, when providing services to an individual who is being evaluated to determine whether the individual meets the criteria for temporary detention, to allow the individual's family member or legal guardian to be present unless the individual objects or their presence would create a medical or safety risk.

A BILL to amend and reenact §§ 37.2-808 and 37.2-809 of the Code of Virginia, relating to emergency custody and temporary detention orders; evaluations; presence of others.

24104732D

S.B. 552

Patron: Peake

Public schools; open school enrollment policies and guidance. Requires the Board of Education to develop and make available to each school board by August 1, 2024, model policies and guidance relating to open school enrollment detailing certain conditions, limitations, and procedures relating to the open enrollment process and nonresident students, defined as any student who is enrolled in a school within such student's school division but outside of the attendance area in which he resides pursuant to an open enrollment policy. The bill requires each school board to establish and implement policies to provide for open enrollment in accordance with the model policies and guidelines developed by the Board. Current law permits, but does not require, each school board to establish and implement policies providing for open enrollment.

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 public schools; open school enrollment policies and guidance.

24103267D

S.B. 563

Patron: Hackworth

Public education; dual enrollment and concurrent enrollment; high school graduation. Makes several changes relating to graduation from a public high school in the Commonwealth, including (i) eliminating the requirement for a student to complete one virtual course in order to graduate from high school and (ii) specifying that various options and requirements relating to earning career and technical education credentials for the purpose of satisfying high school graduation requirements are required to be high-demand career and technical education credentials. The bill also defines and thereby distinguishes the concepts of dual enrollment and concurrent enrollment in the context of high school students' participation in college-level coursework and requires the agreements for postsecondary attainment between school boards and comprehensive community colleges to specify the credit available for dual enrollment and concurrent enrollment courses.

A BILL to amend and reenact §§ 22.1-1, 22.1-206.3, and 22.1-253.13:1, as they shall become effective, 22.1-253.13:3, 22.1-253.13:4, 23.1-100, 23.1-301, 23.1-506, 23.1-509, 23.1-905.1, 23.1-907, 23.1-908, 23.1-1002, 23.1-2904, and 23.1-2906.1 of the Code of Virginia, relating to public education; dual enrollment and concurrent enrollment; high school graduation.

24104494D

S.B. 568

Patron: Deeds

Crisis stabilization services; facilities licensed by Department of Behavioral Health and Developmental Services; nursing homes; dispensing and administration of drugs; emergency. Permits facilities licensed by the Department of Behavioral Health and Developmental Services that provide crisis stabilization services to maintain a stock of Schedules II through VI controlled substances necessary for immediate treatment of patients admitted to such facility. Under current law, maintenance of a stock of Schedule VI controlled substances is allowed under certain conditions, but a stock of Schedules II through V controlled substances may be maintained only if authorized by federal law and Board of Pharmacy regulations. The bill also allows automated drug dispensing systems and remote dispensing systems to be used by state facilities established pursuant to Title 37.2 (Behavioral Health and Developmental Services), facilities that provide crisis stabilization services, nursing homes, and other facilities authorized by the Board of Pharmacy that meet certain conditions. The bill contains an emergency clause and directs the Board of Pharmacy to adopt emergency regulations to implement the provisions of the bill.

A BILL to amend and reenact §§ 54.1-3401, 54.1-3423, and 54.1-3434.02 of the Code of Virginia, relating to crisis stabilization services; facilities licensed by Department of Behavioral Health and Developmental Services; nursing homes; dispensing and administration of drugs; emergency.

24102020D

EMERGENCY

S.B. 575

Patron: Obenshain

Discharge plans; copies to public elementary and secondary schools. Provides that prior to the discharge of any minor or individual who has been admitted to inpatient treatment and is a student at a public elementary or secondary school, a copy of such minor's or individual's discharge plan shall be provided to the division superintendent and the division safety official in the local school division in which such minor or individual attends such school.

A BILL to amend and reenact §§ 16.1-346.1 and 37.2-505 of the Code of Virginia, relating to discharge plans; copies to public elementary and secondary schools.

24100254D

S.B. 586

Patron: Pekarsky

Public elementary and secondary schools; student discipline; evidence-based restorative disciplinary practices. Prohibits, except in certain cases involving firearms, drugs, adjudications of delinquency, or convictions of certain crimes, any public elementary or secondary school student from being suspended, expelled, or excluded from attendance at school without consideration of first implementing at least one evidence-based restorative disciplinary practice such as community conferencing, community service, mentoring, a peer jury, peer mediation, positive behavioral interventions and supports, a restorative circle, or the Virginia Tiered Systems of Supports.

A BILL to amend and reenact §§ 22.1-276.01, 22.1-277, and 22.1-279.6 of the Code of Virginia, relating to public elementary and secondary schools; student discipline; evidence-based restorative disciplinary practices.

24103157D

S.B. 592

Patron: Salim

Department of Medical Assistance Services; Preferred Drug List/Common Core Formulary; approval of a nonpreferred drug. Directs the Department of Medical Assistance Services to eliminate the requirement that a patient try and fail a drug from the Preferred Drug List/Common Core Formulary in the six months immediately prior to approval of a nonpreferred drug when such patient has previously tried the drug from the Preferred Drug List/Common Core Formulary and experienced harmful side effects.

A BILL to direct the Department of Medical Assistance Services to eliminate the requirement that a patient try and fail a drug from the Preferred Drug List/Common Core Formulary before approval of a nonpreferred drug in certain circumstances.

24103030D

S.B. 607

Patron: McDougle

Central fill pharmacies. Establishes requirements for central fill pharmacies, which are defined in the bill as permitted pharmacy facilities that, upon the request of an originating pharmacy, perform the product fulfillment of a drug order and return the filled prescription to the originating pharmacy for delivery to the patient or patient's agent or, for non-federally controlled substances, send the filled prescription directly to the patient. The bill directs the Board of Pharmacy to adopt emergency regulations to implement the provisions of the bill.

A BILL to amend the Code of Virginia by adding in Article 1 of Chapter 33 of Title 54.1 a section numbered 54.1-3304.2, relating to central fill pharmacies.

24102013D

S.B. 619

Patron: Pillion

Public elementary and secondary schools; compulsory attendance policies and procedures; educational neglect defined. Revises the policies and procedures relating to addressing the nonattendance or nonenrollment of a child subject to compulsory education requirements by expanding the definition of "abused or neglected child" to include educational neglect and, therefore, requiring any teacher, attendance officer, or other person employed by such child's school, to report such neglect to the appropriate authority in accordance with pertinent law. The bill defines "educational neglect" as the failure or refusal to provide necessary education for a child who is subject to compulsory attendance in accordance with relevant law and is enrolled in a public school and has missed 10 percent or more of the academic year, including by (i) causing or allowing the child to become chronically absent, defined as any student who has missed 10 percent or more of the academic year for any reason, including excused and unexcused absences, or (ii) failing or refusing to enroll a child in any school who is not otherwise exempt from school attendance if (a) such failure or refusal to enroll continues after the school notifies and institutes proceedings against the parent and (b) the time elapsed between the institution of proceedings and the continued noncompliance to date exceeds 10 percent of the academic year.

A BILL to amend and reenact §§ 16.1-228, 22.1-258, 22.1-261, 22.1-262, and 22.1-267 of the Code of Virginia, relating to public elementary and secondary schools; compulsory attendance policies and procedures; educational neglect defined.

24104624D

S.B. 627

Patron: Lucas

Department of Education and Virginia Community College System; College and Career Ready Virginia Program and Fund established. Establishes the College and Career Ready Virginia Fund and requires the Department of Education and the Virginia Community College System to establish the College and Career Ready Virginia Program whereby each school board is required to offer each qualified high school student in the local school division access at the high school to the dual enrollment courses that are sufficient to complete the Passport Program and the former Uniform Certificate of General Studies Program, renamed in the bill as the Passport Plus Program, at a public institution of higher education at no cost to such students. The bill establishes several enumerated duties for the Department and the System in the administration of the College and Career Ready Virginia Program, including the establishment of a work group to make recommendations no later than November 1, 2024, on the incorporation of a career and technical education program of coursework into the College and Career Ready Virginia Program.

A BILL to amend and reenact §§ 22.1-1, 22.1-206.3, and 22.1-253.13:1, as they shall become effective, 23.1-100, 23.1-203, 23.1-905.1, 23.1-907, 23.1-908, 23.1-2904, and 23.1-3137 of the Code of Virginia and to amend the Code of Virginia by adding in Chapter 13 of Title 22.1 an article numbered 5.1, consisting of sections numbered 22.1-237.1 through 22.1-237.5, relating to Department of Education and Virginia Community College System; College and Career Ready Virginia Program and Fund established.

24103037D

S.B. 661

Patron: Craig

Nursing facilities; electronic monitoring in resident rooms. Gives residents of nursing facilities the right to place electronic monitoring devices in their rooms. "Electronic monitoring" is defined in the bill as video or audio monitoring or recording of residents of nursing facility as a means of monitoring resident wellbeing.

A BILL to amend the Code of Virginia by adding in Article 2 of Chapter 5 of Title 32.1 a section numbered 32.1-138.5:1, relating to nursing facilities; electronic monitoring in resident rooms.

24105241D

S.B. 671

Patron: Peake


Youth Health Protection Act established; civil penalty. Creates the Youth Health Protection Act, which makes it unlawful for any individual to provide gender transition procedures, defined in the bill, for minors and prohibits the use of public funds for gender transition procedures. The bill allows parents, guardians, or custodians to withhold consent for any treatment, activity, or mental health care services that are designed and intended to form their child's conceptions of sex and gender or to treat gender dysphoria or gender nonconformity. The bill prohibits government agents, other than law-enforcement personnel, from encouraging or coercing a minor to withhold information from the minor's parent. The bill establishes a duty for a government agent with knowledge that a minor has exhibited symptoms of gender dysphoria or gender nonconformity or otherwise demonstrates a desire to be treated in a manner incongruent with the minor's sex to immediately notify each of the minor's parents, guardians, or custodians in writing, with descriptions of relevant circumstances. The bill prohibits discrimination against persons (i) providing information regarding violations of the Act to their employer or specified public entities or (ii) who make disclosures under the Act of information that evinces any violation of law, rule, or regulation; any violation of any standard of care or other ethical guidelines for the provision of health care service; or gross mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety. The bill establishes a civil action for any violation of the Act by a clinic, health care system, medical professional, or other responsible person with a two-year statute of limitations. The bill prohibits political subdivisions of the Commonwealth from enacting, adopting, maintaining, or enforcing any measure that interferes with the professional conduct and judgment of a mental health care professional or counselor undertaken within the course of treatment and communication with clients, patients, other persons, or the public. The bill provides for enforcement by the Attorney General or a mental health care professional or counselor through an action for injunctive relief and allows a mental health care professional to recover reasonable attorney fees and reasonable costs incurred in obtaining an injunction. The bill waives sovereign immunity to suit and immunity from liability under this statute.

A BILL to amend the Code of Virginia by adding in Title 32.1 a chapter numbered 21, consisting of sections numbered 32.1-376 through 32.1-383, relating to Youth Health Protection Act established; civil penalty.

24104135D

S.B. 682

Patron: Suetterlein

Health professions; universal licensure; requirements. Requires health regulatory boards within the Department of Health Professions to recognize licenses or certifications issued by other United States jurisdictions, as defined in the bill, as fulfillment for licensure or certification in the Commonwealth if certain conditions are met. The bill also requires such health regulatory boards to recognize work experience as fulfillment for licensure or certification in the Commonwealth if certain conditions are met. The bill does not apply to licensure for physicians or dentists.

A BILL to amend the Code of Virginia by adding a section numbered 54.1-2408.5, relating to health professions; universal licensure; requirements.

24104198D

S.B. 702

Patron: Subramanyam

Early childhood care and education; publicly funded providers; exemption from licensure for certain child day programs. Excepts military child care fee assistance or any child care subsidy paid by a branch of the Armed Forces of the United States from the federal funds that would otherwise render a child day program as a "publicly funded provider," as that term is defined and used in relevant law relating to early childhood care and education. The bill also exempts from licensure by the Superintendent of Public Instruction any child day program that (i) serves only dependent children of military personnel and (ii) (a) is located on a military base or federal property or (b) is certified as a family child care provider by a branch of the Armed Forces of the United States and provides that any branch of the Armed Forces of the United States or its agent, including an installation commander of a military base on which a child day program is located, may assume responsibility for approving or determining which children may be served by the program that is so exempted from licensure.

A BILL to amend and reenact §§ 22.1-289.02 and 22.1-289.030 of the Code of Virginia, relating to early childhood care and education; publicly funded providers; exemption from licensure for certain child day programs.

24103968D

S.B. 707

Patron: Subramanyam

Public middle schools and high schools; student organizations; career and technical education organizations permitted. Permits each public middle school and high school to establish career and technical education student organizations, regardless of whether such school offers career and technical education courses.

A BILL to amend and reenact § 22.1-227.1 of the Code of Virginia, relating to public middle schools and high schools; student organizations; career and technical education organizations permitted.

24104546D

S.B. 723

Patron: Mulchi


K-12 schools and institutions of higher education; student participation in women's sports; civil cause of action. Requires each interscholastic, intercollegiate, intramural, or club athletic team or sport sponsored by a public school, or any other school that is a member of the Virginia High School League, or by a public institution of higher education to be expressly designated as one of the following based on the biological sex of the students who participate on the team or in the sport: (i) males, men, or boys; (ii) females, women, or girls; or (iii) coed or mixed if participation on such team or sport is open to both males and females. The bill prohibits any such team or sport that is expressly designated for females from being open to students whose biological sex is male. The bill also provides that in the event of a dispute as to the biological sex of any student seeking to participate on any interscholastic, intercollegiate, intramural, or club athletic team or sport that is expressly designated for males or females, such student may establish biological sex by presenting to the school or institution a signed physician's statement that attests to such student's biological sex based solely on (a) the student's internal and external reproductive anatomy; (b) the student's normal endogenously produced levels of testosterone; and (c) an analysis of the student's genetic makeup.

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

A BILL to amend the Code of Virginia by adding sections numbered 22.1-271.9 and 23.1-408.2, relating to K-12 schools and institutions of higher education; student participation in women's sports; civil cause of action.

24105073D