Updated Friday January 20, 2006

2005 General Assembly

FINANCE and RETIREMENT

FINANCE:

HB 1945 (Saxman) expands the definition of “qualifying project,” under the Public-Private Education Facilities and Infrastructure Act, to include any improvements necessary or desirable to any unimproved state or locally owned real estate.

HB 2151 (Amundson) amends the procurement act related to preference for Virginia goods to state that whenever the lowest bidder resides in another state that allows a resident contractor of that state a percentage preference, a like preference shall be allowed to the lowest responsible Virginia bidder. If the lowest bidder is a resident of another state with an absolute preference, that bid shall not be considered.

RETIREMENT:

HB 1787 (BaCote) and SB 817 (Williams) extends for two years the sunset date for provisions allowing retirees to be hired as teachers or administrators without interruption of their retirement benefits; requires the Virginia Retirement System to determine the actuarial cost of allowing retired teachers to return to work in critical shortage areas and continue receiving retirement benefits.

HB 1767 (Dillard) directs local school boards to implement a plan for notifying home-schooled students and their parents of the availability of Advanced Placement and Preliminary Scholastic Aptitude Test examinations and the availability of financial assistance to low-income and needy students to take these examinations.

HB 2223 (Rust) provides that the local school board, a school board committee or the division superintendent may review petitions for readmission by expelled students; if the division superintendent or school board committee denies the petition, the student may petition the full school board to review the readmission denial.

HB 2266 (Bell) and HB 2879 (R.G. Marshall) direct the Board of Education (BOE) to include provisions addressing bullying in its model guidelines for codes of student conduct and require school boards to include (i) bullying provisions in their student conduct codes, and (ii) instruction, in character education programs, on the inappropriateness of bullying. Also, the measure requires( i) reports of stalking incidents to principals and division superintendents, and (ii) principals to report certain violent acts to parents of victim students, that the incident has been reported to law enforcement and that the parent may contact law enforcement for further information.

HB 2912 (Eisenberg) requires local school boards to adopt policies for the donation of leave and leave without pay for school board employees with debilitating or life-threatening illness or injury, without regard to the employee's length of service.

STANDARDS OF QUALITY, STANDARDS OF LEARNING, STANDARDS OF ACCREDITATION:

HB 1762 (Dillard) and SB 779 (Potts) revise the Standards of Quality (SOQ) to require local school boards to (i) implement a program of data collection and analysis and to use such results in instructional program evaluation; (ii) implement any actions identified through the academic review of schools accredited with warning; (iii) analyze and annually report results of industry certification examinations; (iv) annually review their professional development programs; and (v) annually report compliance with the SOQ to the BOE. The bills also codify appropriations act provisions providing for 17 instructional positions for each 1,000 students identified as having limited English proficiency and that the divisionwide six-year comprehensive plan include a plan for parent and family involvement.

HB 2602 (Landes) and SB 1136 (Hanger) are Acts of the Assembly that direct the BOE to seek waivers from compliance with provisions of the No Child Left Behind Act (NCLB) that mandate, direct or control state or local allocation of resources, that duplicate the SOQ, Standards of Learning (SOL) and Standards of Accreditation (SOA), or that lack effectiveness. The Board also is charged with examining the fiscal and other implications for the state and local governments should Virginia continue or decline to participate in the Act. These bills are effective upon their passage.

OTHER:

SB 950 (Potts) requires instruction in economics education and financial literacy in middle and high schools. The BOE is charged with developing objectives for such instruction, to be infused in the SOL, and in career and technical education programs; however, these objectives are not required to be included in SOL assessments.

SB 1045 (Wagner) directs the BOE to provide for awarding verified credits for passing scores on industry certifications, state licensure examinations and occupational competency assessments, and requires school boards to report to the BOE the number of such passing scores and to include this information on the school report card.

SB 1130 (Lambert) provides that physical education in elementary schools shall include activities such as cardio-vascular, muscle building or stretching exercises.

HB 1781 (BaCote) and SB 761 (Locke) extend from 2005 to 2010 the current sunset on requirements that division superintendents identify and report critical shortages of teachers and administrative personnel to the school board, if requested, and that local school boards identify and report such shortages to the Superintendent of Public Instruction and the VRS.

HB 1782 (BaCote) extends from 2005 to 2010 the current sunset on requirements that the Superintendent of Public Instruction annually survey school divisions to identify critical teacher and administrative personnel shortages and report such shortages to the VRS.

HB 1969 (Cox) provides that, upon request, the local department of social services shall advise the person who was the subject of an unfounded child protective services investigation if the complaint or report was made anonymously; however, the identity of a complainant or reporter shall not be disclosed.

HB 2163 (Reese) and SB 1243 (Devolites Davis) provide that if a local department of social services, after investigation of a child protective services complaint, determines that actions or omissions of a teacher, principal or school board employee were within their scope of employment and taken in good faith in the supervision, care or discipline of students, then the standard to determine if a report of abuse or neglect is founded is whether such acts or omissions constituted gross negligence or willful misconduct.

HB 2267 (Bell) establishes immunity from civil damages for any school employee or volunteer who reports incidents of bullying or crimes against others.

HB 2790 (Frederick) requires the BOE’s teacher licensure regulations to allow teachers seeking initial certification to substitute experiential learning in lieu of the coursework required under current licensure standards.

SB 949 (Potts) provides teacher licensure by reciprocity for individuals who have a valid, out-of-state license when application for a Virginia license is made, upon submission of a complete application packet, including official transcripts. No professional teacher's assessment or service requirements shall be imposed for these licensed individuals. Current BOE regulations require a professional teacher’s assessment for such applicants who have completed an approved training program.

SCHOOL SAFETY and DISCIPLINE:

HB 1573 (Albo) directs the BOE to include provisions addressing gang-related activity in its model guidelines for codes of student conduct.

HB 1615 (Fralin) directs the Superintendent of Public Instruction to prescribe a standardized report format for school safety audits, additional reporting criteria and procedures for report submission.

HB 1716 (Fralin) directs principals and division superintendents, in reporting certain serious incidents and crimes to the Department of Education (DOE), to accurately indicate offenses, arrests or charges recorded and required to be reported by law-enforcement authorities.

OTHER:

HB 1743 (R.G. Marshall) adds self-injected epinephrine to those medications that school students diagnosed with asthma or anaphylaxis may self-administer under certain conditions, and provides certain school employees with immunity from civil damages related to its use.

HB 2832 (R.G. Marshall) requires that Virginia High School League rules prohibit participation in interscholastic athletics for two years by any student using anabolic steroids immediately prior to or during a sports season, unless a physician prescribed the steroid for a medical condition. In addition, the BOE must suspend or revoke the license of any administrator or teacher who procures, sells or administers anabolic steroids or fails to report student use of anabolic steroids.

HB 1769 (Dillard) establishes a 23-member Commission on Civics Education as an advisory commission in the executive branch of state government, to (i) educate students on the importance of citizen involvement in a representative democracy, (ii) promote the study of state and local government, and (iii) enhance communication and collaboration among organizations that conduct civic education programs. The Commission, which expires in 2008, is charged with building a network of civic education professionals to share information and strengthen partnerships, and to make recommendations to the BOE regarding revisions to the SOL for civics and government.

HB 1967 (Amundson) directs the Department of Planning and Budget to develop, coordinate and manage a school efficiency review program and requires school divisions to pay 25% of the cost of the review in the next fiscal year after the report is completed. Beginning in FY06, the state may recover up to 25% of the costs of the review if at least half the recommendations are not implemented or at least half of the equivalent savings suggested in the review have not been realized. 

HB 2217 (Albo) and SB 1217 (Mims) provide for enhanced punishments for various gang-related activities taking place on or near public school grounds.

HB 2382 (Barlow) creates a Class 4 misdemeanor charge for anyone who knowingly makes a false statement concerning the residency of a child in a particular school division or school attendance zone.

HB 2535 (Ingram) allows the holder of a valid concealed handgun permit to possess a concealed handgun on school property while in a parking lot, traffic circle or other means of vehicular ingress or egress to the school.

HB 2588 (Melvin) and SB 1034 (Lambert) make technical changes to existing statutes governing the Brown v. Board of Education Scholarship Program and Fund.

2004 STUDIES AND RESOLUTIONS

HOUSE RESOLUTIONS

HJR 573 (Albo) directs the Virginia State Crime Commission to study criminal street gang conduct and characteristics, and to develop a formal listing of gang names and conduct and characteristics unique to those gangs.

SJR 403 (Wagner) requests the BOE to study the permanent use of industry certifications and state licensure tests for the award of verified units of credit in the public schools. In conducting its study, the Board shall (i) examine the suitability of additional industry testing programs that could be used as substitute tests for students to earn verified units of credit for graduation, and (ii) determine how to increase the emphasis on career and technical education for creating greater equity and applicability to the verified credit system.

SENATE RESOLUTIONS

SJR 428 (Watkins) requests the BOE to include an endorsement for mathematics specialist in the Licensure Regulations for School Personnel. The Board must design the endorsement in a manner to facilitate and improve student achievement in mathematics.

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