CEPI - Commonwealth Educational Policy Institute

Updated February 15, 2002

The Schedule

The General Assembly is officially in its “second half” as the crossover of bills has come and passed. While many education-related bills have been defeated or carried over until the next session, numerous significant bills remain. Meanwhile, House and Senate versions of the budget will be released on Sunday, and then be subject to much scrutiny and negotiation until the scheduled March 9 adjournment.

The House Education Committee meets Mondays at 8:30 a.m. in House Room C and Wednesdays at 8 a.m. in the Appropriations Room. The Senate Education and Health Committee meets Thursdays at 9:00 a.m. in Senate Room B. Sub-committees will meet periodically throughout the session. Please click for a schedule of weekly meetings.

The Issues

The broken record of budget blues continues for state policy makers. Monday’s release of the January revenue report provided the latest bad news, as January’s numbers were down 9% from the same month a year ago. This translates pushes the budget shortfall for FY02, FY03 and FY04 to $3.8 billion over the next 29 months. Governor Warner announced that state worker layoffs are possible. This situation has forced House and Senate money committees to dig deeper for savings and to propose more extensive reductions in preparing their budgets. It appears that the House Appropriations Committee is poised to make deeper cuts than the Senate, as it struggles to find funds for transportation programs. This includes loss of the $110 million school construction grants program, which was proposed for elimination in the introduced budget, then partially restored under budget amendments proposed by Governor Warner.

It now appears the House Appropriations Committee will try to fund two of the recommendations contained in the recently-released Joint Legislative Audit and Review Commission (JLARC) report on education funding. JLARC recommended discontinuing the practice of deducting locally-generated revenues (interest, sales of supplies, etc.) before calculating state and local shares of Standards of Quality (SOQ) costs, which carries a two-year state pricetag of $51 million. It also recommended correcting a mistake made nearly 10 years ago, in which certain administrative costs were dropped from SOQ cost calculations. Restoring this money would cost the state $138 million, according to the JLARC report. Meanwhile, the Senate cuts are expected to be less draconian.

Following are education-related bills that have passed the chamber of origin and are pending in the opposite chamber:

HB 45	Eliminates the requirement that temporarily-employed teachers serve no longer than 90 days.
HB 46/ SB 442	Add “acts of terrorism” to those events that must be addressed in the school crisis and emergency plans.
HB 108/ SB 608	Require posting of the national motto, “In God We Trust” in each public school.
HB 427	Expands assault and battery provisions of the criminal code to include school security officers and expands the current teacher exception (for maintaining order) to include any school security officer.
HB 493/ SB 609	Direct the Board of Education (BOE) to develop guidelines for local school boards to award certain verified units of credit for students entering the ninth grade in the 2000, 2001, and 2002 school years. The guidelines shall address students who passed the relevant coursework and who meet additional criteria such as performance on SOL or other tests, attendance and conduct requirements, and participation in remediation programs.
HB 498/ SB 295	Define distinctions between school resource officers and school security officers, and establish a mechanism for training and certification for school security officers.
HB 696	Allows school boards to notify teachers who may be subject to a reduction in force due to a decrease in the school budget to notify such teachers within two weeks of the approval of the school budget by the local governing body, but no later than June 1.
HB 734	Requires reporting to the state of charter school application denials and provides certain immunities for charter schools similar to those of other public schools.
HB 884/ SB 350	Direct the Board of Education to include in its annual report a justification for each standard of quality, how long each standard has been in its current form, and whether the Board recommends any changes to the standards.
HB 886/ SB 230	Provide for the establishment of procedures for parents to contact the school or school divisions regarding the safety of their children during a critical event or emergency.
HB 939	Prohibits smoking in public schools.
HB 1136	Amends the Standards of Quality to require elementary school guidance counselors.
HB 1137/ SB 1320	Reduce the “break in service” requirement to 30 days for retired teachers returning to work without losing VRS benefits; such teachers are allowed to teach only one year.
HB 1141	Eliminates the statutory school board salary caps for elected school board members, allowing such boards to pay salaries not exceeding those of the relevant local governing body members.
HB 1206	Adds to the family life curriculum guidelines, instruction in the benefits of adoption as a positive choice in the event of an unwanted pregnancy.
HB 1371	Requires instruction concerning the texts and music to traditional American patriotic songs.
SB 92	Requires teachers seeking initial licensure or license renewal (effective July 1, 2004) tocomplete study in child abuse recognition and intervention.
SB 170	Authorizes a statewide referendum on increasing the state sales tax by one percent, to be used for education and transportation purposes (on Senate floor).
SB 201	Requires the Board of Education to review (for possible revision) the Standards of Quality in odd-numbered years.
SB 276	Makes localities “tenants in common” on school board property for the duration of any financial obligation on the property (as a result of changes enacted by the Governmental Accounting Standards Board).
SB 570	Provides that character education programs may include opportunities for voluntary participation in community service activities.
SB 625	Requires all school boards to accept charter school applications and clarifies that institutions of higher education may submit applications to form charter schools.
SJR 57	Continues the Commission on Educational Accountability.
SJ 87	Directs the Joint Legislative Audit and Review Commission to recommend a state funding formula for educational technology and technology support personnel.
SJ 120	Directs the Board of Education to examine the Standards of Quality to ensure that they are realistic relative to current educational needs and practices.

On Thursday, a pair of high-profile measures were defeated in the Senate Education and Health Committee. HB 88 would have required school board policies prohibiting discussion, in family life education instruction, of crimes against nature. The bill was defeated on a 7-7 vote. It technically remains in the committee, but its passage before the session ends is unlikely. HB 161 would have directed the Board of Education to develop guidelines regarding posting of the Ten Commandments and certain sections of the Declaration of Independence and U.S. Constitution. Local school boards then would be authorized to display such texts consistent with the guidelines. Citing Constitutional questions, the Committee defeated the bill on a 9-6 vote.

Please click for access to all bills assigned to the House Education and Senate Education and Health Committees.

Finally, CEPI-requested legislation to establish a legislative study committee to review, study and reform educational leadership has passed both the House and Senate on unanimous votes. HJR 20, patroned by Delegate Phil Hamilton, and SJR 58, patroned by Senator Emmett Hanger, were amended to reduce the number of legislators serving from 14 to 8. However, the 13 non-legislative members (to include various education stakeholders) contained in the original legislation are retained in the amended versions.

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Questions or More Information? Please contact CEPI if you have any questions or need additional information about the 2002 General Assembly. A final summary of legislative action from the 2002 General Assembly is posted on this Web site.

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Date Last Updated: 06/21/2002