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Legislation - School Environment

David Blount, Editor

School as a Reflection of Community

Recent Virginia Legislation History

In recent years, the General Assembly has taken a close look at legislation for our public schools that essentially addresses community and societal factors or situations that affect schools. This briefing will explore some of that history.

As noted in the Schools as a Reflection of Community issue briefing, schools long have been providing the likes of before- and after-school programs, drug education and counseling programs to meet needs brought about by changes in our society. For example, in 1993, the legislature responded to concerns that students were coming to school hungry, by requiring school divisions to establish school breakfast programs in schools with at least 25% of students receiving free or reduced price lunch.

Much attention has been focused in recent years on the Annual Report on Discipline, Crime and Violence. During the 1990s, the state has been collecting data for this report on various incidents related to weapons and assaults, alcohol and other drugs and threats. This report now satisfies various requirements stipulated in several state and federal laws and regulations, including the federal Gun-Free Schools Act, the Individuals with Disabilities Education Act and the state’s School Performance Report Card. In 1995, HB 2508 required school boards to develop, in cooperation with law enforcement, the courts, parents and the community, programs to prevent violence and crime on school property and school sponsored events. It was suggested that such programs might include school crime lines, peer mediation, conflict resolution, and community service requirements. That same year, as part of the Omnibus Educational Act, HB 2542 set forth a new law concerning parental responsibilities for students’ behavior, including a requirement that parents sign a statement acknowledging the requirements of the standards of student conduct and recognizing responsibility to assist the school in disciplining the student and maintaining order. Willing and unreasonable failure by parents to comply could result in civil penalties. The following year, HB 1199 eliminated this provision, which had caused much controversy following its approval. Also in 1995, the General Assembly established the Juvenile Community Crime Control Act through HB 1897 and SB 1114, which called for a community-based system designed to deter crime.

In 1996, HJ 92 authorized a Crime Commission study of youth gangs in Virginia (another study was undertaken by the Department of Criminal Justice Services in 1998). However, it wasn’t until 2000, that SB 143 defined gangs, gang activity and prohibited conduct.

In 1997, HB 1851 required schools to conduct school safety audits to identify and evaluate patterns of student safety concerns and to develop solutions for physical safety concerns, including building security issues. HB 2595 required school boards to provide information to students regarding the prosecution of juveniles as adults for the commission of certain crimes. In 1998, an unsuccessful attempt was made through SB 511 to require criminal history background checks for school volunteers.

In 1999, HB 1445 established a program to provide state funding for school resource officers, whose duties would be to ensure safety and prevent truancy and violence in schools. SB 827 required each school to develop a written school crisis and emergency management plan, describing procedures, operations, and assignments required to prevent, manage, and respond to a critical event or emergency.

In 2000, HB 1238 required all school boards to conduct criminal background checks of personnel as a condition of employment. HB 391 established the Virginia Center for School Safety within the Department of Criminal Justice Services, whose primary role is to serve as a resource for local school divisions on school safety matters (these functions essentially had been handled within the Department of Education).

In 2001, the legislature tackled several important issues affecting students in our society. It approved HB 1882 requiring schools to provide instruction about the dangers of alcohol abuse, underage drinking and drunk driving. HB 2015 and SB 1190 direct the Department of Health to assume responsibility for coordinating youth suicide prevention activities. HJ 542 directs a study of the roles and responsibilities of school security officers and school safety specialists.

 

Future Study Resolutions or Likely Legislative Activity

As noted above, HJR 542 requires the State Crime Commission to examine the role, responsibilities, training and authority of school security officers and school safety specialists. It is hoped that this examination will result in both clarification of the various and distinctive roles these personnel have, and effective coordination of their efforts in order to enhance the safety of the teaching and learning environment. We can expect the General Assembly each year to consider various bills introduced to further enhance the safety and security of the public school environment.

 

Specific Virginia Bill Cites

1995 – HB 2508, HB 2542

1996 – HB 1199, HJ 92

1997 – HB 1851, HB 2595, SB 725 (child abuse record check for employees)

1998 – HB 713 and HB 714 (Compulsory school attendance provisions), HB 1104 (dissemination of student adjudication information), SB 511, HJ 539 (study of gang activity),

1999 – HB 1445, HB 1521 (written assessment of school safety audit), HB 1799 (violence prevention initiatives), HB 1817 (truancy), HB 2698 (truancy centers), SB 827, SB 1244 (reports of student offenses), SB 1250 (notification of possible suicide), HJ 740 (study of school violence reports to parents)

2000 – HB 254 and HB 406 (reports of bombthreats), HB 391, HB 815 (profanity policies), HB 1147 (parent counseling or mentoring), HB 1238, HB 1361 (reports of student offenses), SB 143

2001 – HB 1882, HB 2015 and SB 1190, HB 2354 (cultural diversity training requirement), SB 1132 (promotion of racial, ethnic, and cultural diversity), SB 1137 (standards for school safety and security specialists), HJ 542, HJ 639 (cultural diversity training request)

 

Other States Legislative Activity

Florida has established a Partnership for School Safety and Security, which will serve as a resource on school safety issues. Local school divisions are required to develop crisis plans. Educational services have been increased for children at juvenile justice facilities. In Tennessee, local school divisions have been encouraged to extend conflict resolution programs to all elementary school grades. Mississippi now requires employee criminal background checks prior to hiring. In Kentucky, an Early Childhood Development Authority has been created which, among other things, establishes a business council to involve the corporate community in supporting issues that affect working families.

 

Related Federal Legislation

Numerous measures were introduced, but not acted on, in the most recent session of Congress, including the Safe Schools Act of 1999, whose purposes were to reduce violent acts at school by offering additional mental health resources to students and teachers, and to improve the academic and social outcomes for students through after-school and summer mentoring programs. Another measure called for the establishment of a school safety resource division called the National Center for School and Youth Safety.

 

Sources, Cites, Links

Southern Regional Education Board

National School Safety Center

 

Policy Issues

Click here for a policy issue briefing on “School as a Reflection of Community.

 

E-mail Response

Click cepi@vcu.edu to provide comments or additional information. Please indicate in an e-mail the copyright source and contact information for new inclusions.

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