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2024 SESSION

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24101492D
SENATE BILL NO. 380 Offered January 10, 2024 Prefiled January 9, 2024 A BILL to amend and reenact § 22.1-253.13:7 of the Code of Virginia, relating to school board policies; alternative educational opportunities. ---------- Patron-- Sturtevant ---------- Referred to Committee on Education and Health ----------

Be it enacted by the General Assembly of Virginia:

1. That § 22.1-253.13:7 of the Code of Virginia is amended and reenacted as follows:

§ 22.1-253.13:7. Standard 7. School board policies.

A. Each local school board shall develop policies and procedures to address complaints of sexual abuse of a student by a teacher or other school board employee.

B. Each local school board shall maintain and follow up-to-date policies. All school board policies shall be reviewed at least every five years and revised as needed.

C. Each local school board shall ensure that policies are developed giving consideration to the views of teachers, parents, and other concerned citizens and addressing the following:

1. A system of two-way communication between employees and the local school board and its administrative staff whereby matters of concern can be discussed in an orderly and constructive manner;

2. The selection and evaluation of all instructional materials purchased by the school division, with clear procedures for handling challenged controversial materials;

3. The standards of student conduct and attendance and enforcement procedures designed to provide that public education be conducted in an atmosphere free of disruption and threat to persons or property and supportive of individual rights;

4. School-community communications and community involvement;

5. Guidelines to encourage parents to provide instructional assistance to their children in the home, which may include voluntary training for the parents of children in grades K through three;

6. Information about procedures for addressing concerns with the school division and recourse available to parents pursuant to § 22.1-87;

7. A cooperatively developed procedure for personnel evaluation appropriate to tasks performed by those being evaluated; and

8. Grievances, dismissals, etc., of teachers, and the implementation procedure prescribed by the General Assembly and the Board of Education, as provided in Article 3 (§ 22.1-306 et seq.) of Chapter 15, and the maintenance of copies of such procedures.

D. 1. For the purposes of this subsection:

"Alternative educational opportunities" or "alternative educational programs" means programming focused on complementing, supplementing, or replacing education offered within the traditional public schooling model. Such opportunities include extracurricular tutoring, specialized classes or instruction, vocational learning, individualized coaching, microschooling, life skills instructional programming, college preparatory education, educational crisis intervention programming, special needs education, local internship or apprenticeship programs, or other virtual or in-person educational programs or opportunities taking place within the home, public school facility, or other venue outside of local public schooling facilities and programming.

"Qualified student" means a resident of Virginia who is enrolled in a public elementary or secondary school.

2. Beginning August 1, 2024, each school board shall create a process by which a qualified student may access funds that are separately set aside for the purpose of funding alternative educational opportunities as set forth in this section. The per pupil amount budgeted for alternative educational opportunities shall be no less than 10 percent and no more than 25 percent of the qualified student's local school district's per pupil expenditure, calculated on the basis of the previous school year's per pupil expenditure. Alternative educational opportunity funding shall come from available local and state funding apportioned to the local school division in which the student is enrolled and for the year in which the funding is budgeted to be used. Such expenditure shall be classified as instruction in accordance with § 22.1-115.

3. a. Alternative educational opportunities and programs created by the school board may be offered on a semester or yearly basis and may include alternative educational programs offered during the summer. The school board shall be responsible for creating an easy and accessible application for qualified students to take advantage of this process. Application approval shall require parental permission.

b. A local school may provide reasonable and appropriate space for and sponsor alternative educational opportunities on school property during, before, or after the school day or during the summer or other substantial breaks in the school calendar.

c. Alternative educational programs that take place in venues outside of local public school facilities during school hours shall provide transportation in accordance with Chapter 12 (§ 22.1-176 et seq.) or clearly state to qualified students and their parents that transportation is the sole responsibility of the parent, family, or qualified student enrolled in the alternative educational program.

d. Each school board shall maintain a list of alternative educational opportunities that shall be made easily accessible to parents and students within the school district or those planning to move into the school district.

4. Each school board shall determine if an offering from an alternative educational program qualifies as an alternative means to earn class credit or fulfill one or more graduation requirements in accordance with § 22.1-253.13:4. School boards shall communicate clearly as to what requirements are necessary for an alternative education program to be considered an alternative means to earn class credit or fulfill one or more graduation requirements in accordance with § 22.1-253.13:4. Nothing in this subsection shall be construed to mean that an alternative educational program shall be or seek to be an alternative means to earn class credit or fulfill one or more graduation requirements.

E. A current copy of all school division policies and regulations approved by the local school board, including the Student Conduct Policy, shall be posted on the division's website and shall be available to employees and to the public. School boards shall ensure that printed copies of such policies and regulations are available as needed to citizens who do not have online access.

E. F. An annual announcement shall be made in each division at the beginning of the school year and, for parents of students enrolling later in the academic year, at the time of enrollment, advising the public that the policies are available in such places.