General Assembly>Division of Legislative Services>Publications>Session Summaries>2004>Education


CONTENTS | < PREVIOUS | NEXT > | BILL INDEX

Education

Passed

P HB9

Advisory Council on the Virginia Business-Education Partnership Program. Abolishes the Advisory Council on the Virginia Business-Education Partnership Program and the Virginia Business-Education Partnership Program. The program was created in 1993 to assist local programs in obtaining federal funding to establish local business-education partnerships. The council was established at the same time to assist the Secretary of Education in implementing the program and facilitating the development of strategic partnerships between the public and private sectors to enhance public education and workforce training. State funding for the program ended in 2001 and federal funding ceased on December 31, 2003. This bill is a recommendation of the Joint Subcommittee to Study the Operations, Practices, Duties, and Funding of the Commonwealth's Agencies, Boards, Commissions, Councils, and Other Governmental Entities pursuant to HJR 159 (2002). This bill incorporates HB 208.
Patron - Cox

P HB318

Supplemental compensation; teachers called to active duty. Provides that public school employees whose active duty service with the regular armed forces of the United States or the National Guard or other reserve component has required their absence from their full-time employment in a school division will receive supplemental pay as determined by and from the relevant local school division if the military compensation of such employee is less than the regular salary paid to such employee by the school division. Classified state employees receive a similar benefit pursuant to Executive Order 44, issued March 26, 2003.
Patron - Cox

P HB380

Charter School Excellence and Accountability Act. Amends the charter schools statute to (i) allow charter schools to contract with private institutions of higher education for school facilities, services, and other undertakings, including construction; (ii) add evidence of the support of school division residents for a charter school to those items that may be included in proposed charter agreement materials; (iii) allow charter applicants to submit the proposed charter agreement to the Board of Education for review and comment, and to require inclusion of the Board's findings in the charter application to the local school board; (iv) delete the authority of school boards to limit the number of charter schools within the division and the statutory cap on the maximum number of charter schools (two schools or not more than 10 percent of the total number of schools in the division, whichever is greater); (v) delete the requirement that half the charter schools in the division be designed to benefit at-risk pupils, and instead direct school boards to give priority to applications designed to benefit these students, particularly those at-risk students currently served by schools that have not achieved full accreditation; (vi) direct the Board to report annually to the General Assembly the number of public charter school applications granted and denied, and the reasons for any such denials; and (vii) increase the maximum charter term from three to five years. The Board of Education must set objective criteria for the review and comment on the applications; the Board's comments cannot relate to whether the local school board should approve the application. The bill also amends the State and Local Government Conflicts of Interests Act to allow the governing body, administrators, and other personnel within a public charter school to have an ownership or financial interest in renovating, lending, granting, or leasing public charter school facilities, if such interest has been disclosed in the public charter school application. The provisions of this bill will sunset on July 1, 2009.
Patron - Lingamfelter

P HB433

Certain school board benefits, expenses and reimbursements; Arlington County. Authorizes the Arlington County School Board (an elected school board of a division comprised of a county having the county manager plan of government) to grant itself fringe benefits, expenses, and reimbursements, or any of them, as it deems appropriate, and in the manner and form as such fringe benefits, expenses, and reimbursements are provided for school board employees, after satisfying notice and public hearing requirements. The Arlington County School Board may establish such fringe benefits, expenses, and reimbursements by July 1 in any year in which two of the five members are to be elected. Any increased fringe benefits, expenses, and reimbursements will become effective on January 1 of the following year.
Patron - Brink

P HB513

Model student conduct policies. Directs the Board of Education, in developing model student conduct policies, to include standards for school board policies on self-defense. School boards must adopt student conduct policies that are at least consistent with the Board's model, and may adopt more stringent policies.
Patron - Marrs

P HB545

Academic research and advanced education enterprise. Requires the Virginia Research and Technology Advisory Commission to continue its examination of establishing integrated research and academic campuses in the Commonwealth. The commission will conduct a feasibility study on building an academic research and advanced education enterprise in northern Virginia and Hampton Roads to provide a vehicle for multiuniversity collaboration and closer ties to industry.
Patron - May

P HB573

Licensure of principals. Directs the Board of Education to require passage of the School Leader's Licensure Assessment (SLLA) as a condition of initial licensure for principals and other school leaders, as may be determined by the Board, on and after July 1, 2005. This bill is a recommendation of the HJR 20/SJR 58 Commission to Review, Study, and Reform Educational Leadership. The SLLA is a performance-based assessment for the licensure of school principals and assistant principals or vice-principals. The assessment was developed and is administered by the Educational Testing Service and is based on the standards of the Interstate School Leader's Licensure Assessment Consortium. Alaska, Arkansas, Kentucky, Maryland, Mississippi, Missouri, and North Carolina currently use the SLLA.
Patron - Hamilton

P HB575

School closings; waiver of makeup days. Permits the Board of Education to waive the requirement that school divisions provide additional teaching days to compensate for school closings resulting from a declared state of emergency. If the Board grants such a waiver, there shall be no proportionate reduction in the amount paid by the Commonwealth from the Basic School Aid Fund. However, the local appropriations for educational purposes necessary to fund 180 teaching days shall not be proportionally reduced by any local governing body due any reduction in the length of the term of any school or school division permitted by such waiver.
Patron - Hamilton

P HB675

Qualifications for providing home instruction. Requires persons providing home instruction to hold a high school diploma. Under current law, such individuals must hold a baccalaureate degree.
Patron - Bell

P HB769

Career and technical education. Directs local school boards to include, within the currently required career and technical education program, curricula that promote knowledge of entrepreneurship and small business ownership. Current programs are to address "all types of employment opportunities," such as apprenticeships, the military, and career education schools. The bill also requires that notice of dual enrollment opportunities between high schools and community colleges be provided to students and parents.
Patron - Hurt

P HB869

Reporting of certain acts by school authorities to law enforcement. Expands the enumerated activities that school principals must report to local law enforcement by providing that reportable offenses involving "firearms" on school property address any weapon prohibited on school property or at a school-sponsored activity pursuant to § 18.2-308.1, as well as (i) any weapon, including a starter gun, that will, or is designed or may readily be converted to, expel single or multiple projectiles by the action of an explosion of a combustible material; (ii) the frame or receiver of any such weapon; (iii) any firearm muffler or firearm silencer; or (iv) any destructive device. "Firearm" shall not include any weapon in which ammunition may be discharged by pneumatic pressure. By linking the definition of "firearm" to the definition in § 22.1-277.07 (Gun-Free Schools), the bill captures possession of knives and other weapons.
Patron - Byron

P HB978

School division consolidation. Directs the Board of Education, consistent with its authority pursuant to Article VIII, § 5 of the Constitution of Virginia to designate school divisions to promulgate regulations that provide for a process whereby school divisions may submit proposals for the consolidation of school divisions. Such regulations shall provide for, among other things, a public notice and hearing process to be conducted by the applicant school divisions. School division proposals must include, among other things, (i) evidence of the cost savings to be realized by such consolidation; (ii) a plan for the transfer of title to school board property to the resulting school board; (iii) procedures and a schedule for the proposed consolidation, including completion of current division superintendent and school board member terms; (iv) a plan for proportional school board representation of the localities comprising the new school division, including details regarding the appointment or election processes currently ensuring such representation and other information as may be necessary to evidence compliance with federal and state laws governing voting rights; and (v) evidence of local support for the proposed consolidation. For five years following completion of such consolidation, the computation of the state and local share for an educational program meeting the standards of quality for school divisions resulting from consolidations shall be the lower composite index of local ability-to-pay of the applicant school divisions, as provided in the appropriation act.
Patron - Reese

P HB1013

At-Risk Student Academic Achievement Program. Creates the At-Risk Student Academic Achievement Program and Fund, to provide noncompetitive grants to public school divisions to implement research-based programs or programs identified as best practices that are designed to (i) improve the academic achievement of at-risk public school students on the Standards of Learning assessments; (ii) decrease the rate of dropout among at-risk public school students; and (iii) increase the number of such students obtaining the advanced studies diploma. The amount of grants and required local matching funds shall be determined as provided in the appropriation act. Funds received through this Program shall be used to supplement, not supplant, any local funds currently provided for at-risk programs within the school division.
Patron - Dillard

P HB1014

Standards of Quality. Reorganizes the Standards of Quality and makes substantive amendments that would (i) increase from one half-time to one full-time principal in elementary schools with fewer than 300 students; (ii) provide one full-time assistant principal for each 400 students in each school, regardless of grade level; (iii) require five elementary resource positions per 1,000 students in kindergarten through grade five for art, music, and physical education; (iv) lower the pupil-teacher ratio from 25:1 to 21:1 in middle and high schools, to ensure the provision of scheduled teacher planning time; (v) reduce the required speech pathologist caseload from 68 to 60 students; (vi) require one full-time reading specialist for each 1,000 students in average daily membership; (vii) require two technology support positions per 1,000 students in kindergarten through grade 12 divisionwide; and (viii) modify the current funding mechanism for remediation. A second enactment clause provides that the amendments requiring additional state funding (such as increasing principals or lowering pupil-teacher ratios) will not become effective unless funded in the 2004 appropriation act. The bill also includes a number of technical and editorial changes. The Board of Education proposed and approved these changes on June 25, 2003. Because the Virginia Constitution grants the General Assembly "ultimate authority" over educational policy and provides that the Standards are to be "prescribed from time to time by the Board of Education" but are subject to revision "only by the General Assembly," legislation is necessary to enact the Board's proposals.
Patron - Dillard

P HB1015

Family life education. Adds steps to take to avoid sexual assault and the availability of counseling and legal resources, and, in the event of such sexual assault, the importance of immediate medical attention and advice, as well as legal requirements to those items that the Board of Education is to include in its curriculum guidelines for family life education. Pursuant to the Standards of Accreditation (8 VAC 20-131-170), local school boards are authorized to implement the Standards of Learning for the Family Life Education program promulgated by the Board of Education or a Family Life Education program consistent with the Board's guidelines, which shall have the goals of "reducing the incidence of pregnancy and sexually-transmitted diseases and substance abuse among teenagers."
Patron - Dillard

P HB1018

Alternatives to student dissection of animals. Requires school divisions to provide students with alternatives to animal dissection in relevant public school courses or curriculum and directs the Board of Education to develop guidelines for such alternatives addressing (i) the use of detailed models of animal anatomy and computer simulations as alternatives to dissection; (ii) notification of students and parents of the option to decline to participate in animal dissection; and (iii) such other issues as the Board deems appropriate. Statutes addressing alternatives to animal dissection have been enacted in several states, including California, Florida, Illinois, Louisiana, Maine, New York, Pennsylvania, and Rhode Island.
Patron - Dillard

P HB1038

Notice of duty to report child abuse or neglect. Requires each public school board and each administrator of every private or parochial school to post in each of their schools a notice, pursuant to § 63.2-1509, that: (i) any teacher or other person employed in a public or private school who has reason to suspect that a child is an abused or neglected child, including any child who may be abandoned, is required to report such suspected cases of child abuse or neglect to local or state social services agencies or the person in charge of the relevant school or his designee; and (ii) all persons required to report cases of such suspected child abuse or neglect are immune from civil or criminal liability or administrative penalty or sanction on account of such reports unless such person acted in bad faith or with malicious purpose. The notice must also include the Virginia Department of Social Services' toll-free child abuse and neglect hotline. A second enactment clause requires that the notice will be prepared and distributed to each public school board by the office of the Attorney General. Further, the Attorney General will also furnish, upon request, the notice to any private school. This bill is identical to SB 576.
Patron - Saxman

P HB1048

Teachers; local eligibility license. Prohibits the issuance of local eligibility licenses to teachers providing instruction in special education, and limits the issuance of these licenses to those teachers providing instruction in courses that do not represent core academic areas as defined by P.L. 107-110 (the federal No Child Left Behind Act (NCLB)). The bill is designed to comply with NCLB provisions addressing "highly qualified" teachers. The 2002 reauthorization of the Elementary and Secondary Education Act, NCLB requires, among other things, that schools receiving certain federal Title I funds ensure that "highly qualified" teachers are in place in all core academic subjects by 2005-2006. In addition, beginning with the 2002-2003 school year, all new hires must be "highly qualified." To satisfy the "highly qualified" classification, teachers must be fully licensed; emergency or similar temporary licensure will not suffice. In addition, new and current teachers must hold undergraduate degrees and meet various state testing and subject matter competency requirements.
Patron - Hamilton

P HB1108

Department of Correctional Education. Authorizes the Department of Correctional Education to provide community-based educational programs to adult probationers and parolees in residential diversion centers and to adult prisoners who are participating during their incarceration in the short-term, highly structured, military-style program provided by residential detention centers.
Patron - Moran

P HB1117

School board policies prohibiting firearms. Authorizes school divisions to establish disciplinary policies prohibiting the possession of firearms on school property, school buses, and at school-sponsored activities by students, and authorizes school divisions to take disciplinary actions against students who violate such policies. The bill indicates that the act is declaratory of existing law. The bill would allow school boards to establish policies to discipline students who carry weapons on school property, including an unloaded firearm in a closed container. An October 2003 opinion of the Attorney General indicated that a school board "has authority to discipline, in the context of the complete analysis of this opinion, a student whose action is in conformance with the language of Chapter 619 of the 2003 Acts of Assembly (the "2003 amendment"), which amends and reenacts § 18.2-308.1(B), pertaining to the possession of an unloaded firearm in a locked vehicle trunk." While noting that the "interaction between §§ 18.2-308.1(B) and 22.1-277.07(A) is not a model of clarity," the Attorney General stated that "[a]s long as the regulations of the school authorities are not inconsistent with the 2003 amendment, school authorities are authorized to promulgate reasonable regulations that may result in the discipline of a student whose action is in conformance with the language of the 2003 amendment pertaining to the possession of an unloaded firearm." The 2003 amendment to subsection B of § 18.2-308.1 permits a student to possess a firearm that is unloaded and in a closed container, which "includes a locked vehicle trunk," on school property or at a school-sponsored activity.
Patron - Weatherholtz

P HB1254

Standards of Quality; School Performance Report Card. Directs the Board of Education, in its requirements related to the School Performance Report Card, to require the reporting of the Standards of Learning assessment scores and averages for each year. The Board shall make such reports available to the public within three months of the receipt of the scores, which shall be disaggregated for each school by gender, and by race or ethnicity. These reports shall (i) be posted on the portion of the Department of Education's website relating to the School Performance Report Card, in a format and in a manner that allows year-to-year comparisons, and (ii) may include the National Assessment of Educational Progress state-by-state assessment. Currently, the School Performance Report Card is required by the Board's Standards of Accreditation for Public Schools (8VAC20-131-270). The report card is to include information for the most recent three-year period that sets forth, among other things, (a) SOL test scores and scores on the literacy and numeracy tests required for the Modified Standard Diploma for the school, school division, and state; (b) percentages of students tested, as well as the percentage of students not tested, to include a breakout of students with disabilities and limited English proficient students; (c) student attendance and dropout rates; (d) school safety data; (e) teacher qualifications; and (f) percentages of students in alternative programs that do not lead to a Standard, Advanced Studies, or Modified Standard Diploma and in academic year Governor's Schools
Patron - Hull

P HB1256

School closings; makeup days. Clarifies the circumstances in which state basic aid funding will be reduced because of school closings due to severe weather conditions or other emergency situations. The bill defines "severe weather conditions or other emergency situations" as "those circumstances presenting a threat to the health or safety of students that result from severe weather conditions or other emergencies, including, but not limited to, natural and man-made disasters, energy shortages or power failures." The bill states that the length of every school's term in every school division must be 180 teaching days or 990 teaching hours and, if the length of the term is reduced, the amount paid by the Commonwealth will be proportionally reduced. However, a schedule of makeup days that will avoid reduction in funding is set out, i.e., for five or fewer missed days, makeup days according to Board regulations cannot exceed the days missed; for five missed days, but no more than 15 missed days, five makeup days plus one day for every two days in excess of the initial five, but no more than nine make-up days; for more than 15 days, at least 10 makeup days. School divisions are authorized to make up the missed teaching days by providing the students with instructional hours equivalent to the missed days. In addition, the Board of Education may waive the requirement that school divisions provide additional teaching days or teaching hours to compensate for school closings resulting from a declared state of emergency. If the Board grants the waiver, no proportionate reduction in state funds will be made. The Board's regulations for this law may authorize the Superintendent of Public Instruction to approve reductions in school terms without reductions in funding. The Board is authorized, in a second enactment clause, to promulgate emergency regulations. This bill is identical to SB 452, except that SB 452 includes an emergency enactment clause that makes the bill effective upon passage.
Patron - Van Landingham

P HB1257

Standard diploma; verified units of credit. Amends an uncodified act to direct local school boards to adopt procedures, pursuant to Board of Education guidelines, to award verified units of credit for standard diplomas to students who have (i) entered the ninth grade for the first time during the school years of 2000-2001, 2001-2002, and 2002-2003; and (ii) passed the relevant coursework. The 2002 Session of the General Assembly directed the Board to develop guidelines for the award of verified units of credit for standard diplomas to these students. An emergency clause makes the bill effective upon passage.
Patron - Councill

P HB1294

Enforcement of school corrective action plans. Modifies the current school corrective action plan process within the Standards of Quality (SOQ) to (i) authorize the Board of Education to require an academic review, consistent with criteria to be established by the Board, of any school division upon obtaining evidence through the school academic review process that school failure is related to division level failures to implement the SOQ; (ii) require the reviewed school division to submit for approval by the Board a corrective action plan setting forth specific actions and a schedule designed to ensure that schools within its school division achieve full accreditation status; (iii) add such corrective action plans to relevant school division's six-year improvement plan; (iv) allow the Board to pursue circuit court enforcement of the development or implementation of such plans by noncompliant school divisions; and (v) delete the current mandamus process. The Administrative Process Act is amended to provide an exemption for the determination of accreditation or academic review status of a public school or public school division or Board approval of a school division corrective action plan. Finally, a second enactment clause directs the Board to promulgate regulations to implement the act to be effective within 280 days of its enactment.
Patron - Reid

P HB1326

Compulsory school attendance enforcement; parental responsibility; use of contempt power, summons; penalty. Strengthens the mechanisms for enforcement of the compulsory school attendance law. The bill removes the restriction on the court's use of contempt power in enforcing compulsory school attendance and parental responsibility provisions. The court's authority to order the child or the parent, or both, into programs, such as extended day programs and summer school or other educational programs and treatment, such as counseling, is clarified and reinforced. The court is given the authority to summon and force a parent to appear in court with the child. The parental responsibility and involvement statute is amended to include compliance with compulsory school attendance. The parent may be charged with a Class 3 misdemeanor for violating the provisions of the parental responsibility law.
Patron - Marrs

P HB1331

Hazing; Board of Education's guidelines and model policies for and school boards' regulations on codes of student conduct. Requires the Board of Education to include hazing in its guidelines and model policies for codes of student conduct and school boards to prohibit hazing in their codes of student conduct. In addition, school boards must cite, in their standards for student conduct, the provisions of the criminal law prohibiting hazing, which renders convictions of violations a Class 1 misdemeanor, i.e., confinement in jail for not more than 12 months and a fine of not more than $2,500, either or both. In the past year, several high-profile and disturbing cases of hazing among high school athletic teams or cheerleaders have occurred in other states with devastating results to high school teachers, coaches, and administrators and the students and communities.
Patron - Tata

P HB1336

Salaries of certain school boards. Increases the salary of the Manassas Park School Board from $1,800 to $3,000. The Manassas Park School Board's salary has not been increased for 13 years. This bill is identical to SB 644.
Patron - Parrish

P HB1443

Admission of certain persons to the public schools. Ensures that students whose parents are deployed outside the United States will continue to be admitted to public schools in the Commonwealth without tuition. This bill provides for admission to the public schools of any person living with an individual who is defined as a parent, not solely for school purposes, pursuant to a special power of attorney executed by a custodial parent as provided in federal law while the custodial parent is deployed outside the United States as a member of the Virginia National Guard or as a member of the United States Armed Forces. The bill also assures that the student will not be charged tuition because of being placed in the care of a noncustodial parent or other person standing in loco parentis who lives in a jurisdiction other than that of the custodial parent and that the student will, when practicable, have the option to continue to attend the school in which he was enrolled while residing with his custodial parent. This bill addresses the residency issues created when a custodial parent, who is a resident of Virginia and a member of the Virginia National Guard or the United States Armed Forces, receives orders to report for active duty and deployment abroad and the child must, out of necessity, live with the noncustodial parent or another individual in a different school division. A technical amendment to § 22.1-270 aligns a cross reference to the amendments in the bill.
Patron - Baskerville

P HJ117

Performance-based contracts for division superintendents. Encourages school boards to use performance-based contracts to evaluate division superintendents. Performance-based contracts are agreements between division superintendents and the school board that set priorities for performance, tie the superintendent's salary to student achievement and certain other indicators of job performance, and provide time for implementing change. This resolution notes that performance contracts are growing in popularity among school boards across the nation due to considerable attention given to school reform, student achievement, and school accountability, and to the need to establish criteria for the accountability of school leaders. The resolution notes further that sustaining the progress in school reform and fulfilling the Commonwealth's vision of a public school system without peer requires innovative, daring, and visionary leaders who are unafraid to lead and are not intimidated by the future.
Patron - Jones, D.C.

P HJ123

Alternative licensure for principals. Requests the Board of Education to review its regulations as may be necessary to incorporate an alternative licensure route for principals and assistant principals. This bill is a recommendation of the HJR 20/SJR 58 Commission to Review, Study, and Reform Educational Leadership.
Patron - Hamilton

P HJ260

Health and physical education. Urges school divisions to provide age-appropriate and culturally sensitive health, nutrition and physical education necessary to develop the knowledge, attitudes, skills, and behaviors required for students to adopt and maintain healthy eating habits and physically active lifestyles.
Patron - Tata

P SB145

Hearings for teacher dismissal and licensure revocation. Requires the Board of education's regulations on teacher licensure to provide for Board action to suspend or revoke a teacher's license when (i) a school board hearing requested by the teacher has been held and has resulted in a dismissal of the teacher and a subsequent determination by the local school board to recommend to the Board the suspension or revocation of the teacher's license; or (ii) a teacher has resigned without requesting a hearing and the local school board has recommended to the Board suspension or revocation of the teacher's license. Local school boards shall not be required to conduct a separate hearing for recommendations of suspension or revocation. This bill supersedes current Board of Education regulations requiring a local school board hearing on revocation of the teacher's license when the teacher has been dismissed in addition to a subsequent action by the Board of Education (8 VAC 20-21-660).
Patron - Cuccinelli

P SB270

Public school enrollment of homeless children. Revises provisions addressing the public school enrollment of homeless children to reflect the definitions and requirements set forth in the federal McKinney-Vento Homeless Education Assistance Improvements Act of 2001---law that is included within the federal No Child Left Behind Act. School divisions are to coordinate the provision of services to such homeless students with relevant local social services agencies and other agencies and programs providing services to such students, and with other school divisions as may be necessary to resolve interdivisional issues. The bill also provides that superintendents cannot exclude from school attendance those homeless children who do not provide the requisite health or immunization information required of other students and deletes the outdated mumps immunization exemption. However, the student must be immediately referred to the local school division liaison who is required to assist the student in obtaining the necessary physical examinations or proof or completion of immunizations. Technical amendments delete references to "guardian," as § 22.1-1 includes guardians, legal custodians, and other persons having "control or charge of a child" within the definition of "parent" throughout Title 22.1.
Patron - Quayle

P SB315

Green schools program; education programs to promote waste reduction and resource efficiency. Authorizes the Board of Education to assist local school boards in the development and implementation of programs of instruction that comply with the provisions of Standard 1 of the Standards of Quality, specifically relating to citizenship and environmental issues and geography necessary for responsible participation in American society and the international community, by cooperating with the environmental groups, other relevant state agencies, such as, but not limited to, the Department of Environmental Quality and the Department of Health, and other stakeholders in the development of a green schools program for Virginia. Any such green schools program will focus on waste reduction through recycling and other mechanisms and educating students to help schools contain costs and to reduce waste production through resource efficiency. In the development and implementation of any such program, the Board must examine other states' green schools programs and must receive input from parents, teachers, school administrators, school boards, business and industry leaders, and local governments. The Board must also strive to identify businesses and other organizations that may provide support in the form of resources or funding for appropriate awards for any green schools program that may be implemented in the Commonwealth. This provision must not be construed to require the Board or any school board in the Commonwealth to implement a green school program or to imply or otherwise indicate that state or local funding is required to develop or implement any green school program.
Patron - Howell

P SB404

Compulsory school attendance. Provides that active pursuit of a general education development (GED) certificate by persons 16 through 18 years of age who are housed in adult correctional facilities but who are not enrolled in an individual student alternative education plan will satisfy the requirements of the compulsory school attendance law. This bill brings the law into conformance with the current practice, which is to provide GED programs for incarcerated person between 16 and 18 years of age.
Patron - Reynolds

P SB416

Expeditious and efficient reporting of standards of learning test results to schools and school divisions. Requires the Board of Education, in consultation with the chairpersons of the eight regional superintendents' study groups, to provide for timely review of the Standards of Learning test scores by school divisions for coding and other errors and prompt reporting to the local school divisions by the Department of Education of the test scores that will be used to determine each school's status pursuant to the provisions of the federal No Child Left Behind Act of 2001 (P.L. 107-110).
Patron - Newman

P SB438

Notification of parents of certain students. Directs local school boards to notify the parent of the educational rights of students who fail to graduate or who have failed to achieve the number of verified units of credit required for graduation as provided in the standards of accreditation. In addition, school boards are to notify the parent of students who (i) have been identified as having limited English proficiency of the opportunity for a free public education; or (ii) have been identified as disabled and receive special education of their right to a free public education to age 21, inclusive. In addition, local school boards are to notify parents of rising high school juniors and seniors of the number of verified units of credit required for graduation and the number of verified units the individual student requires. Pursuant to §§ 22.1-1 and 22.1-5, public schools are free to "persons of school age" (at least age five on or before September 30 of the school year and under 20 years of age on or before August 1). In addition, subsection D of § 22.1-5 sets forth for students for whom English is a second language the opportunity for a free public education through the age of 21. Finally, persons who have been identified as disabled who receive special education are entitled to a "free and appropriate education" through 21 years of age pursuant to the federal Individuals with Disabilities Education Act (IDEA) and § 22.1-213.
Patron - Locke

P SB452

School closings; makeup days. Clarifies the circumstances in which state basic aid funding will be reduced because of school closings due to severe weather conditions or other emergency situations. The bill defines "severe weather conditions or other emergency situations" as "those circumstances presenting a threat to the health or safety of students that result from severe weather conditions or other emergencies, including, but not limited to, natural and man-made disasters, energy shortages or power failures." The bill states that the length of every school's term in every school division must be 180 teaching days or 990 teaching hours and, if the length of the term is reduced, the amount paid by the Commonwealth will be proportionally reduced. However, a schedule of makeup days that will avoid reduction in funding is set out, i.e., for five or fewer missed days, makeup days according to Board regulations cannot exceed the days missed; for five missed days, but no more than 15 missed days, five makeup days plus one day for every two days in excess of the initial five, but no more than nine makeup days; for more than 15 days, at least 10 makeup days. School divisions are authorized to make up the missed teaching days by providing the students with instructional hours equivalent to the missed days. In addition, the Board of Education may waive the requirement that school divisions provide additional teaching days or teaching hours to compensate for school closings resulting from a declared state of emergency. If the Board grants the waiver, no proportionate reduction in state funds will be made. The Board's regulations for this law may authorize the Superintendent of Public Instruction to approve reductions in school terms without reductions in funding. The Board is authorized, in a second enactment clause, to promulgate emergency regulations. Technical amendments are included to improve readability, and an emergency clause makes the bill effective upon passage. With the exception of the emergency clause, the bill is identical to HB 1256.
Patron - Whipple

P SB479

Standards of Quality. Reorganizes the Standards of Quality and makes substantive amendments that would (i) increase from one half-time to one full-time principal in elementary schools with fewer than 300 students; (ii) provide one full-time assistant principal for each 400 students in each school, regardless of grade level; (iii) require five elementary resource positions per 1,000 students in kindergarten through grade five for art, music, and physical education; (iv) lower the pupil-teacher ratio from 25:1 to 21:1 in middle and high schools, to ensure the provision of scheduled teacher planning time; (v) reduce the required speech pathologist caseload from 68 to 60 students; (vi) require one full-time reading specialist for each 1,000 students in average daily membership; (vii) require two technology support positions per 1,000 students in kindergarten through grade 12 divisionwide; and (viii) modify the current funding mechanism for remediation. A second enactment clause provides that any provision that is not required on June 30, 2004, and does require state funding will not take effect unless the state's share of the funding for the provision is included in the general appropriation act for the period July 1, 2004, through June 30, 2006, passed during the 2004 Session of the General Assembly and signed into law by the Governor. The Board of Education proposed and approved these changes on June 25, 2003. Because the Virginia Constitution grants the General Assembly "ultimate authority" over educational policy and provides that the Standards are to be "prescribed from time to time by the Board of Education" but are subject to revision "only by the General Assembly," legislation is necessary to enact the Board's proposals. The bill includes a second enactment clause providing that any new Standard of Quality incorporated into the bill shall not become effective unless an appropriation for the standard is included in the 2004-2006 Appropriation Act. The bill also includes a number of technical and editorial changes and is identical to HB 1014.
Patron - Potts

P SB518

Smaller school divisions; adjusted state share. Creates a mechanism whereby any school board of a school division in which fewer than 350 students (Highland County) were included in average daily membership (ADM) for the preceding school year, upon entering into certain cost-savings agreements with a contiguous school division for the sharing of educational, administrative, or support services, shall receive the state share for basic aid computed on the basis of the composite index of local ability-to-pay of the contiguous school division, calculated annually, for a period of 15 years. Board of Education eligibility criteria will address the cost-savings and service-sharing agreements and will provide for the adjustment of the state share for basic aid, consistent with the appropriation act. The local school board receiving the adjusted state share cannot use the additional funds received to supplant local funds appropriated for education. In addition, the adjusted state share cannot be used to reduce local operating expenditures for public education from the prior fiscal year. However, no school division shall be required to maintain a per pupil expenditure for operations that exceeds the per pupil expenditure in the prior fiscal year. If any such contractual agreements between the relevant school divisions terminate prior to the end of the applicable period, the state's obligation to provide the adjusted share shall cease. The agreement and adjusted state payment shall be in lieu of any existing funds a locality receives from a Small School Division Assistance grant. Pursuant to §§ 22.1-26 and 22.1-27, school boards are already empowered to operate joint schools and to make agreements with adjacent school boards "for furnishing public school facilities and for school services." This bill is effective July 1, 2005.
Patron - Hanger

P SB553

Joint schools. Authorizes school boards to create joint or regional schools offering a specialized curriculum leading to a high school diploma and a postsecondary credential, such as industry certification, career certificate, or degree. The school boards may, by agreement, establish alternative school day and year schedules for the delivery of instruction, subject to any necessary Board of Education waivers. Such school boards may contract with an accredited institution of higher education or other postsecondary school licensed or certified by the Board of Education or the State Council of Higher Education, as the case may be, to deliver such instruction.
Patron - Lucas

P SB576

Notice of duty to report child abuse or neglect. Requires each public school board and each administrator of every private or parochial school to post in each of their schools a notice, pursuant to § 63.2-1509, that: (i) any teacher or other person employed in a public or private school who has reason to suspect that a child is an abused or neglected child, including any child who may be abandoned, is required to report such suspected cases of child abuse or neglect to local or state social services agencies or the person in charge of the relevant school or his designee; and (ii) all persons required to report cases of such suspected child abuse or neglect are immune from civil or criminal liability or administrative penalty or sanction on account of such reports unless such person acted in bad faith or with malicious purpose. The notice must also include the Virginia Department of Social Services' toll-free child abuse and neglect hotline. A second enactment clause requires that the notice will be prepared and distributed to each public school board by the office of the Attorney General. Further, the Attorney General will also furnish, upon request, the notice to any private school. This bill is identical to HB 1038.
Patron - Obenshain

P SB644

Salaries of certain school boards. Increases the salary of the Manassas Park School Board from $1,800 to $3,000. The Manassas Park School Board's salary has not been increased for 13 years. This bill is identical to HB 1336.
Patron - Colgan

Failed

F HB161

Standards of Quality. Reorganizes the Standards of Quality and makes substantive amendments that would (i) increase from one half-time to one full-time principal in elementary schools with fewer than 300 students; (ii) provide one full-time assistant principal for each 400 students in each school, regardless of grade level; (iii) require five elementary resource positions per 1,000 students in kindergarten through grade five for art, music, and physical education; (iv) lower the pupil-teacher ratio from 25:1 to 21:1 in middle and high schools, to ensure the provision of scheduled teacher planning time; (v) reduce the required speech pathologist caseload from 68 to 60 students; (vi) require one full-time reading specialist for each 1,000 students in average daily membership; (vii) require two technology support positions per 1,000 students in kindergarten through grade 12 divisionwide; and (viii) modify the current funding mechanism for remediation. A second enactment clause provides that the amendments requiring additional state funding (such as increasing principals or lowering pupil-teacher ratios) will not become effective unless funded in the 2004 appropriation act. The bill also includes a number of technical and editorial changes. The Board of Education proposed and approved these changes on June 25, 2003. Because the Virginia Constitution grants the General Assembly "ultimate authority" over educational policy and provides that the Standards are to be "prescribed from time to time by the Board of Education" but are subject to revision "only by the General Assembly," legislation is necessary to enact the Board's proposals. This bill is incorporated into HB 1014.
Patron - Reid

F HB193

Standards of Quality; apportionment of state and local share. Directs the General Assembly, in apportioning the state and local share for the costs of meeting the Standards of Quality, beginning July 1, 2004, in any year in which general fund revenue growth is at least three percent greater than population and inflation growth combined for the previous year, to increase the state share by three percent of the total costs, so that, by full implementation of this bill, the local share shall not exceed 65 percent and the state share shall be equal to at least 35 percent of the total costs in each division. Such increases in the state share shall be granted to those school divisions whose local share is greater than or equal to 65 percent of the total costs in any fiscal biennium. The per pupil costs of providing such required educational programs for school divisions whose local share as of July 1, 2003, was less than 65 percent of the total costs shall be the same as their final per pupil amount for fiscal year 2004. Until such time that no school division's local share exceeds 65 percent, no school division shall receive additional state funding for reductions in enrollment; however, funding may be adjusted to (i) ensure that the school division's final per pupil amount remains at the fiscal year 2004 level; and (ii) address inflation and the biennial recalculation of the costs of providing an educational program required to meet the Standards of Quality, as provided in the appropriation act.
Patron - Black

F HB208

Advisory Council on the Virginia Business-Education Partnership Program. Abolishes the Advisory Council on the Virginia Business-Education Partnership Program and the Virginia Business-Education Partnership Program. The program was created in 1993 to assist local programs in obtaining federal funding to establish local business-education partnerships. The council was established at the same time to assist the Secretary of Education in implementing the program and facilitating the development of strategic partnerships between the public and private sectors to enhance public education and workforce training. State funding for the program ended in 2001 and federal funding ceased on December 31, 2003. This bill is identical to HB 9, which was recommended by the Joint Subcommittee to Study the Operations, Practices, Duties, and Funding of the Commonwealth's Agencies, Boards, Commissions, Councils, and Other Governmental Entities pursuant to HJR 159 (2002). This bill is incorporated into HB 9.
Patron - Athey

F HB289

Transportation of students. Requires any local school division or other entity transporting public or private elementary or secondary school students to or from any public or private school, school-related activity, or child care facility to transport these students in a vehicle meeting federal school bus safety standards, as set forth in federal statute and regulations. School divisions and other entities may still use common carriers if the carrier is designed to transport at least 30 passengers. Codifying "Jacob's Law," enacted in South Carolina, the bill would, in effect, preclude the use of passenger vans and other vehicles for transporting public and private school pupils. The bill does not prohibit the transportation of children to or from child care in nonconforming vehicles by a Virginia human services provider, or by a public transportation authority if each child is accompanied by his parent, for whom such transportation is necessary for his work, education, or training. The bill provides for a transition period; any vehicle purchased by such school division or entity before July 1, 2004, may continue to be used until July 1, 2009. Vehicles purchased on and after July 1, 2004, must meet the federal "school bus" definition. School divisions and other entities may purchase conforming vehicles pursuant to state contracts for the purchase of such vehicles. Parents of students using public school bus transportation have the option of designating a child care center or other before- or after-school program as such students' origin or destination for such transportation. Under current law, pupil transportation is not a required service for public school. Board of Education regulations address vehicle size and other safety concerns. The regulations contemplate several types of school buses, with designated passenger capacity for each. The regulations state that "[a] standard or mini-size passenger van which has not been reconstructed to meet Virginia state and federal school vehicle construction standards does not meet this definition [of a student activity vehicle]." (8 VAC 20-70-10 (updated through August 2003)).
Patron - Griffith

F HB292

Public education appropriations; teacher salaries. Provides that any increase in state funding for public education shall include an appropriation to support increases in teacher salaries and that the appropriate proportionate percentage of such increased funding to be directed for such salary increase shall be stipulated in the appropriation act.
Patron - Ware, R.L.

F HB364

Standards of Learning assessments. Provides that the results of any Standards of Learning (SOL) assessments cannot be considered in the awarding of a standard diploma until all public schools in the Commonwealth have achieved full accreditation. The Standards of Accreditation require the accumulation of a specific number of standard and verified units of credit for standard diplomas, beginning with the ninth grade class of 2001 (graduating class of 2004). The verified unit of credit is awarded upon passage of the relevant SOL test (additional tests approved by the Board of Education), as well as the course (8 VAC 20-131-110 A, B). During a transition period, beginning with the ninth grade classes of 2001, 2002, and 2003 (graduating classes of 2004-2006), students must earn two verified units of credit in English and four verified units "of the student's own choosing" to obtain a Standard Diploma. For the ninth grade class of 2004 (graduating class of 2007), receipt of a Standard Diploma will require six verified units--two in English, one each in mathematics, science, history, and one in a course of the student's choosing (8 VAC 20-131-50 B). The Advanced Studies Diploma, which is not affected by this bill, requires nine verified units of credit in various specified courses. Information released by the Virginia Department of Education on November 10, 2003, indicated that 1,414 (78 percent) of Virginia's 1,823 schools met or exceeded the standard for full accreditation. In the previous year, 65 percent (1,181 schools) met the standard.
Patron - Van Yahres

F HB365

Standards of Quality; apportionment of state and local share. Directs the General Assembly, in apportioning the state and local share for the costs of meeting the Standards of Quality, beginning July 1, 2004, in any year in which general fund revenue growth is at least three percent greater than population and inflation growth combined for the previous year, to increase the state share by three percent of the total costs, so that, by full implementation of this bill, the local share shall not exceed 65 percent and the state share shall be equal to at least 35 percent of the total costs. Such increases in the state share shall be granted to those school divisions whose local share is greater than or equal to 65 percent of the total costs in any fiscal biennium. The per pupil costs of providing such required educational programs for school divisions whose local share as of July 1, 2003, was less than 65 percent of the total costs shall be the same as their final per pupil amount for fiscal year 2004. Until such time that no school division's local share exceeds 65 percent, no school division shall receive additional state funding for reductions in enrollment; however, funding may be adjusted to (i) ensure that the school division's final per pupil amount remains at the fiscal year 2004 level; and (ii) address inflation and the biennial recalculation of the costs of providing an educational program required to meet the Standards of Quality, as provided in the appropriation act. The bill also includes language citing "equal opportunity to a quality education in all areas of the Commonwealth" and stating that "funding formulas are the best and most equitable way for the Commonwealth to distribute the state's share of costs of educational programs."
Patron - Rust

F HB392

Standards of Quality; apportionment of state and local share. Directs the General Assembly, in apportioning the state and local share for the costs of meeting the Standards of Quality, beginning July 1, 2004, to annually increase the state share by five percent of the total costs, so that, by July 1, 2008, the local share shall not exceed 65 percent and the state share shall be equal to at least 35 percent of the total costs for localities whose local share is greater than or equal to 65 percent of the total costs in any fiscal biennium.
Patron - Amundson

F HB393

Computation of composite index. Requires the General Assembly to modify the current Standards of Quality (SOQ) funding formula and calculation of composite index of local ability-to-pay to incorporate three-year rolling averages for the state and local real property, sales tax, income, population, average daily membership, and other components, as provided in the appropriation act. The modified formula shall be implemented to address the costs of providing an educational program meeting the SOQ beginning with the 2005-2006 school year.
Patron - Amundson

F HB394

Computation of composite index. Requires the General Assembly to modify the current Standards of Quality (SOQ) funding formula and calculation of composite index of local ability-to-pay to (i) adjust the weights assigned to the real property, sales tax, and other revenue components; (ii) provide for a population density adjustment; and (iii) incorporate median adjusted gross income in certain localities, as provided in the appropriation act. The modified formula shall be implemented to address the costs of providing an educational program meeting the SOQ beginning with the 2005-2006 school year. This bill reflects a recommendation included in the Joint Legislative Audit and Review Commission (JLARC) Review on Elementary and Secondary School Funding (February 2002). The JLARC report recommended, among other things, an adjustment to the current weights assigned to the real property, adjusted gross income, and taxable sales components of the composite index (50 percent, 40 percent, and 10 percent, respectively), as these weights reflected "the proportions of total revenue derived from each tax base in the 1970s, when the composite index was developed." The 2002 report noted that real property, "other" revenue, and taxable sales comprised 44, 49, and seven percent, respectively, of total revenue in 1997; thus, the "proportion of revenue derived from real property and taxable sales has decreased over time, while the proportion from 'other' revenues has increased."
Patron - Amundson

F HB395

Virginia Public School Authority; grants for school construction. Authorizes the Virginia Public School Authority to issue bonds to fund grants to local school divisions in the total amount of $1 billion to pay the costs of school construction, school renovation, and other school infrastructure projects. One-half of the grants ($500 million) shall be distributed to each school division in an equal amount of $3,676,471. The remaining one-half shall be distributed to each local school division on a set per pupil amount based on each school division's actual September 30, 2002, fall membership data as a proportion of total actual September 30, 2002, fall membership data for all school divisions.
Patron - Amundson

F HB468

School health report cards. Directs the Board of Education to develop model guidelines for school health and fitness report cards, to be sent to parents of public school students annually. The report cards are to set forth individual student health and fitness information, including height and weight data and acceptable ranges for healthy living; suggested health and fitness activities; nutrition guidelines; and other related information designed to promote healthy behaviors among students. Local school boards are to establish procedures for the annual issuance of such report cards to students enrolled in the division, consistent with the Board's guidelines. The procedures shall include an evaluation process to assess subsequent individual student progress in response to such report card.
Patron - Van Yahres

F HB480

Testing of home-schooled children. Permits a student who is home-schooled, upon the written request of a parent, to take the battery of achievement tests that have been approved by the Board of Education for use in the public schools, including the Preliminary Scholastic Aptitude Test and Advanced Placement tests in the public schools. The bill provides that such student must take the same achievement tests on the same day, at the same time, and under the same testing conditions as public school students. The tests must be scored together with the tests of other students in the public schools in the manner prescribed by the school board. The student may take the achievement tests without charge; however, the school board may assess the same charge for the administration of Advanced Placement tests that is required of public school students.
Patron - Black

F HB519

Observance of the Dr. Martin Luther King, Jr. Holiday. Provides that the public schools of the Commonwealth will be closed for instructional and administrative purposes on the third Monday in January of each year in observance of the national King Holiday. A committee amendment, adopted by the House, would have permitted school boards to open schools on this date to make up lost teaching days.
Patron - Jones, D.C.

F HB561

Computation of composite index; population density. Requires the General Assembly to modify the current Standards of Quality funding formula and calculation of composite index of local ability-to-pay to apply a population density adjustment to the composite index to address the reduction in the ability to pay for education in those localities ranked at or above the 67th percentile of population density in the Commonwealth. After the application of such population density adjustment, the local share shall not exceed 0.8000 of the total costs of providing such educational program. This bill reflects certain recommendations included in the Joint Legislative Audit and Review Commission Review on Elementary and Secondary School Funding (February 2002).
Patron - Albo

F HB563

School board employee compensation. Prohibits local school boards from providing compensation in any manner for any employee in an amount exceeding five times the average salary paid to a full-time equivalent licensed classroom teacher in the relevant school division.
Patron - Albo

F HB672

Standards of Learning assessments; administration to legislators, others. Directs the Board of Education to provide for the administration and scoring of such Standards of Learning assessments for those members of the General Assembly, Board of Education, and local school boards who wish to take such assessments, upon payment of fees sufficient to reimburse the cost of such test administration and scoring.
Patron - Bell

F HB796

Computation of composite index. Codifies the current Standards of Quality (SOQ) funding formula and calculation of composite index of local ability-to-pay, and modifies the formula that determines each locality's ability to pay for its share of providing an educational program meeting the prescribed SOQ to (i) incorporate tax values and population estimates for the fiscal year ending one year prior to the fiscal biennium in which the distribution takes place; (ii) provide for a population density adjustment in certain localities; and (iii) incorporate median, rather than average, adjusted gross income. In addition, the respective weights granted to the various wealth indicators are updated to use 1997 figures. This bill reflects certain recommendations included in the Joint Legislative Audit and Review Commission Review on Elementary and Secondary School Funding (February 2002).
Patron - Watts

F HB841

Alternative education programs. Amends Standard 1 of the Standards of Quality to require school boards to establish alternative education programs for disruptive, suspended, and expelled students. The bill also requires appropriate state funding to support quality educational programs designed to accommodate the educational and support services needs of such students.
Patron - Baskerville

F HB845

Charter schools. Directs local school boards to give priority to those public charter school applications targeting student populations served by schools that have not achieved full accreditation; currently, this priority consideration is limited to schools addressing at-risk students. In addition, individual school accreditation plans may be crafted for these schools. The bill also increases the maximum charter term approval or renewal from three to five years. Finally, the bill creates the Charter Schools Assistance Program and Fund, funded by private donations and gifts, to be administered by the Board of Education, to provide grants on a competitive basis to school divisions approving charter applications and successful public charter school applicants for the construction and lease of facilities for public charter schools. This bill is incorporated into HB 380.
Patron - Baskerville

F HB901

Virginia Vocational Incentive Scholarship Program for Shipyard Workers Fund. Provides that the General Assembly shall make an annual appropriation to the Fund for scholarships for shipyard workers enrolled in a three-year program of educational instruction at Tidewater Community College that incorporates instruction in industrial applied sciences. The annual appropriation shall equal $150,000; provided, however, that the annual appropriation when added to the beginning balance of the Fund on July 1 of the fiscal year shall not exceed $200,000.
Patron - Wardrup

F HB927

Safety belts in school buses. Requires school buses purchased by, or for use by, any school or school division on or after July 1, 2004, to be equipped with safety belts or safety belts and shoulder harnesses of types approved by the Superintendent of State Police. All school buses would be required to be so equipped on and after July 1, 2009. The Board of Education must adopt policies, guidelines, and regulations to ensure that all passengers, including the driver, wear these belts or harnesses or both whenever the bus is in motion.
Patron - Fralin

F HB1099

Teacher compensation; national average. Establishes as a policy of the Commonwealth that the average salary for Virginia public school teachers equal or surpass the national average salary for public school teachers and directs the Board of Education and the General Assembly to implement this policy in prescribing and revising the Standards of Quality. The Director of Human Resource Management is to include in each biennial review of the compensation of teachers and other occupations requiring similar education and training the average salary for teachers in the Commonwealth, the national average salary for public school teachers, and the Commonwealth's national ranking for such salaries.
Patron - Moran

F HB1161

Standards of Learning assessments; administration to teachers. Directs the Board of Education to provide for the administration and scoring of such Standards of Learning assessments in the relevant subjects for public school teachers, and requires full-time teachers, whether probationary or on continuing contract status, to obtain a passing score annually as a condition of initial and continued employment. If a teacher provides instruction in a grade level for which there is no Standards of Learning assessment, such teacher shall be required to obtain a passing score on the relevant assessment for the next highest grade level. Failure of a probationary teacher to obtain such passing score shall result in such teacher's dismissal from employment. Failure of a continuing contract teacher to obtain a passing score will result in dismissal. These dismissals do not constitute a grievance for purposes of the teacher grievance procedures.
Patron - Frederick

F HB1162

School personnel incentive award accounts. Allows school boards, by resolution, to establish accounts in their schools committed solely for the grant of incentive awards to teachers and other school personnel. The school principal will manage the account and determine award recipients and amounts. Any remainder remains with the school account. The principal shall provide a description of award criteria and procedures for determining such amounts and an annual accounting of the funds with the division superintendent.
Patron - Frederick

F HB1163

Teacher compensation. Directs school boards to develop and implement teacher compensation practices that recognize and reward instructional excellence. These practices shall include, but shall not be limited to, (i) consideration of the results of the annual performance evaluations required for probationary teachers and (ii) procedures for the adjustment of compensation for continuing contract teachers that are consistent with school division evaluation procedures and that recognize student academic progress and instructional excellence. Finally, the bill states that compensation, recognition, and rewards cannot be based solely on seniority and educational background, but shall be primarily based on performance.
Patron - Frederick

F HB1273

Instructional materials. Requires that instructional materials for physical and health education and for family life education be designed to provide medically and factually accurate and objective information.
Patron - Amundson

F HB1339

Written contracts for school board employees. Requires school boards to have a written contract with each person who is (i) employed on a full-time or part-time basis for a term of at least 10 months and (ii) not required to hold a license issued by the Board of Education. Written notice of the offer of such employment must be given to these persons not more than 10 days after the first regular school board meeting following the adoption of the school board budget by the appropriating body. This provision applies to various classified employees, such as bus drivers, cafeteria workers, and janitors. Some school boards contract for some of these services rather than hire the individuals to perform the work.
Patron - Alexander

F HB1353

Extended Kindergarten Pilot Program. Creates the Extended Kindergarten Pilot Program and Fund to provide grants on a competitive basis to school divisions for pilot programs of extended-year, full-day kindergarten for at-risk students. Such pilot programs shall incorporate, among other things, emphasis on academic and social readiness for school, small class size, and partnerships with the business community. Board of Education criteria will include indicators for students at risk for poor academic performance, procedures for determining amounts of grants to applicant school divisions, and an evaluation component to determine the effect of such extended kindergarten on the subsequent academic performance of participating students. The Board shall issue annually requests for proposals, in accordance with the appropriation act, for such grants. Local school boards may apply for these grants as provided in the Board's request for proposals. A sunset clause creates a July 1, 2007, expiration date.
Patron - Ward

F HB1358

School calendar. Adds to the "good cause" circumstances for which school divisions may be granted a waiver from the regular post-Labor Day school opening schedule a school division surrounded by a school division or divisions that have already received a waiver for other current "good cause" (severe weather, certain shared or innovative programs) and has at least 10 percent of its average daily membership comprised of nonresident students and shares program and curricula with other such school divisions.
Patron - Griffith

F HJ73

Resolution; supplemental pay for school employees called to active duty. Expresses the sense of the General Assembly that school divisions in the Commonwealth be encouraged to establish pay supplements for their employees called to active military duty.
Patron - Cox

F HJ150

Recognizing the need for full funding of the Standards of Quality. Recognizes the need for full funding of the Standards of Quality and that the legislature has an opportunity during the review and revision process to demonstrate its commitment to public education by funding fully the newly prescribed Standards of Quality.
Patron - Miles

F SB20

Virginia Public School Authority; School Construction Grant Act of 2004. Authorizes the Virginia Public School Authority to issue bonds to fund grants to local school divisions in the total amount of $1 billion to pay the costs of school construction, school renovation, and other school infrastructure projects. The schedule for the issuance of the bonds and the payment of the debt service on them shall be as provided in the general appropriation act, with the payment of debt service to be made from general funds. One-half of the grants ($500 million) shall be distributed to each school division in an equal amount of $3,676,471. The remaining one-half shall be distributed to each local school division on a set per pupil amount based on each school division's actual September 30, 2003, fall membership data as a proportion of total actual September 30, 2003, fall membership data for all school divisions. In implementing this bill, the Virginia Public School Authority shall not incur more than a total of $250 million in debt in any fiscal year.
Patron - Puller

F SB63

Character education; participation in community service. Provides that character education programs in the public schools may include opportunities for voluntary participation in community service activities pursuant to guidelines developed by the Board of Education.
Patron - Edwards

F SB138

Opening of the school year; school calendar to begin after Labor Day. Repeals § 22.1-79.1 of the Code of Virginia---the statute that requires Virginia's public schools to set their school-year calendar so that the first day of school is after Labor Day and establishes the conditions for obtaining a waiver of the Labor Day rule from the Board of Education.
Patron - Cuccinelli

F SB222

Cultural diversity policies for local school boards and institutions of higher education. Requires the Board of Education to establish guidelines to assist school boards in developing cultural diversity policies that promote the knowledge of racial and ethnic cultures, and language minority populations represented in the public schools of the Commonwealth. School boards are required to develop cultural diversity policies that are consistent with Board guidelines and are designed to, among other things, prepare students to live and participate effectively in a global community and an increasingly pluralistic society, and promote communication between and reduce barriers among students and school personnel of diverse racial, ethnic, and cultural backgrounds. The Board must also identify best practices within and outside of the Commonwealth and disseminate this information to school divisions. The term, "cultural diversity policies," as used in the bill does not require mandatory training of students or school board employees concerning cultural diversity, nor does it require hiring quotas or the employment of persons on the basis of race or ethnicity. In addition, the bill requires the boards of visitors of each public institution of higher education in the Commonwealth and the State Board for Community Colleges to submit equal education opportunity plans to the State Council of Higher Education, the Governor, and the General Assembly on November 1 of each year. The plan requirements for the institutions of higher education will expire on July 1, 2009, one year after the expected expiration date for the reporting and monitoring phase of the agreement signed by Governor Gilmore with the Office of Civil Rights of the United States Department of Education.
Patron - Marsh

F SB299

Children with disabilities residing in state institutions operated by the Department of Mental Health, Mental Retardation and Substance Abuse Services (DMHMRSAS). Provides that children residing in DMHMRSAS institutions in a school division who are appropriate to be placed in public schools will be identified by the school division in which the facility is located. In addition, each school board will prescribe rules to identify such children and no school division will be required to operate a specific program for the purpose of serving children placed in facilities operated by DMHMRSAS. The costs of education for DMHMRSAS children in the public schools will be borne by DMHRMRSAS.
Patron - O'Brien

F SB300

Computation of composite index. Requires the General Assembly to modify the current Standards of Quality funding formula and calculation of composite index of local ability-to-pay to incorporate median adjusted gross income in certain localities, as provided in the appropriation act. This bill reflects a recommendation included in the Joint Legislative Audit and Review Commission Review on Elementary and Secondary School Funding (February 2002).
Patron - O'Brien

F SB520

Written contracts for school board employees. Requires school boards to have a written contract with each person who is (i) employed on a full-time or part-time basis for a term of at least 10 months and (ii) not required to hold a license issued by the Board of Education. Written notice of the offer of such employment must be given to these persons not more than 10 days after the first regular school board meeting following the adoption of the school board budget by the appropriating body. This provision applies to various classified employees, such as bus drivers, cafeteria workers, and janitors. Some school boards contract for some of these services rather than hire the individuals to perform the work.
Patron - Hanger

F SJ77

Congress to amend No Child Left Behind Act. Memorializes Congress to amend the No Child Left Behind Act immediately to include a mechanism for an automatic waiver from its provisions for school accountability for states, such as Virginia, that have successfully raised student achievement through their own standards and accountability reforms, and that this waiver be available to states so long as they maintain these proven standards and accountability programs. The resolution also requests that any action anticipated to enforce the Act be deferred until full funding to implement the law has been authorized.
Patron - Hanger

Carried Over

C HB307

Adequacy of public education facilities in local school divisions. Requires the Board of Education to undertake a comprehensive assessment of the adequacy of public education facilities in each local school division of the Commonwealth. The bill sets forth factors that the Board must consider and requires that the locality cooperate during the assessment process. If the Board determines that a local school division's public education facilities are inadequate or will be inadequate within five years, then the local school board will have one year to develop a plan for curing such inadequacy. If the Board determines that such plan will not achieve adequacy, then it shall impose a public education residential impact fee upon the builder of each new residential unit in the local school division, until such time as the facilities are adequate. The Board shall base such fee on the pro-rata impact of each additional residential unit on (i) existing public education facilities, and on (ii) the costs of improving or constructing new public education facilities. The Board shall hold all collected fees on behalf of the local school division in the Virginia Public School Construction Grants Fund, or the local Capital School Projects Fund, if established by the local governing body, and disbursements shall be made in accordance with the provisions of each fund. The Board is authorized to promulgate regulations for the implementation of the act.
Patron - Marshall, R.G.

C HB337

No Child Left Behind; Virginia withdrawal. Requires Virginia's withdrawal from participation in the federal No Child Left Behind Act, effective July 1, 2005. The federal No Child Left Behind Act (NCLB), enacted in January 2002, requirements for standards, assessments, and consequences, including annual testing practices, the employment of highly qualified instructional personnel, data collection, and evidence of adequate yearly progress in the academic achievement of all students. Receipt of certain federal education funds is contingent upon compliance with the Act. While the federal law requires the Commonwealth to make modifications to its assessment policies and procedures prescribed in its current accountability system, its Consolidated State Application Accountability Workbook for NCLB funding was approved by the U.S. Department of Education in spring 2003.
Patron - Pollard

C HB456

Alternative diplomas; absence of verified credits. Directs the Board of Education to establish guidelines for local school boards to award alternative diplomas for which 22 credits and satisfactory completion of coursework are required, but for which no verified units of credit are required. School boards shall report annually to the Board of Education the number of such diplomas awarded. The issuance of such diplomas cannot be considered in determinations of school accreditation. Currently, the Standards of Accreditation require the accumulation of a specific number of standard and verified units of credit for standard diplomas, beginning with the ninth grade class of 2001 (graduating class of 2004). The verified unit of credit is awarded upon passage of the relevant Standards of Learning (SOL) test (additional tests approved by the Board of Education), as well as the course (8 VAC 20-131-110 A, B). The Standard Diploma requires six verified units of credit, while the Advanced Studies Diploma requires nine (8 VAC 20-131-50). School accreditation is based on pass rates for the SOL assessments (8 VAC 20-131-300).
Patron - McQuigg

C HB1272

Data on certain school employee convictions. Directs school boards to require on an application for employment certification (i) that the applicant has not been convicted of a felony or any offense involving the sexual molestation, physical or sexual abuse or rape of a child; and (ii) whether the applicant has been convicted of a crime of moral turpitude, and, if so, that 10 years have elapsed since the completion of the sentence resulting from any such conviction. Current law requires certification regarding the existence of any conviction of a crime of moral turpitude (as well as a certification that the applicant has not been convicted of certain felonies).
Patron - Melvin

C HB1420

Reporting of students' nonattendance at school. Streamlines, clarifies, and strengthens the requirements for reporting and resolving students' nonattendance and unexcused absences. The bill requires that the school principal also be notified of a student's absence from school throughout the reporting process. After five unexcused absences during the school year, the attendance officer must contact the parent directly to obtain an explanation for the student's absence, inform him of the consequences of the student's continued nonattendance, and of the required written documentation explaining the student's absence. The written documentation must be a notarized statement from the parent that the student was absent due to a family emergency or a written statement from a licensed physician or other health care provider, or a health care facility confirming that the student was absent due to illness. Current law requires that a plan be developed to resolve the issues related to the student's nonattendance. Under the provisions of this bill, the plan must now include the written documentation submitted by the parent regarding the student's absence. If the student is absent for an additional day after the school attendance officer has contacted the parent concerning the unexcused absence, and the attendance officer and the school principal have not been notified of the student's absence by the parent, the attendance officer must schedule a conference with the parent, school principal or his designee, other school personnel and community service providers, and the student to resolve the issues of his nonattendance. If the student has an unexcused absence after this step in the process, the attendance officer or the division superintendent must enforce the compulsory school attendance law. However, the provisions allowing the attendance officer or the division superintendent to seek immediate enforcement of the compulsory school attendance law and to proceed against the student and his parent for violation of the compulsory school attendance law have not been changed.
Patron - Marshall, D.W.

C SB294

Schools to provide information to noncustodial parents. Requires that, unless a court order has been issued to the contrary, the noncustodial parent of a student enrolled in any public or private elementary, middle, or high school or day care center must be provided the full and complete information concerning the child's school or day care activities, scholastic record, test results, academic achievement and progress, and school behavior in the same manner and form as is provided to the custodial parent by the public or private elementary, middle, or high school or day care center.
Patron - O'Brien

C SB425

Diplomas; student-selected verified credits. Directs the Board of Education to establish guidelines for local school boards to award diplomas for which 22 credits and satisfactory completion of coursework are required, but for which (i) any required verified units of credit may be selected by the student and (ii) certain industry certifications may be substituted for Standards of Learning assessments to earn verified units of credit. Such diploma requirements shall be designed to ensure that students have acquired the knowledge and skills required to enter a vocation upon graduation. School boards shall report annually to the Board of Education the number of such diplomas awarded. In no event shall the issuance of such diplomas be considered in determinations of school accreditation. Currently, the Standards of Accreditation (SOA) require the accumulation of a specific number of standard and verified units of credit for standard diplomas, beginning with the ninth grade class of 2001 (graduating class of 2004). The verified unit of credit is awarded upon passage of the relevant Standards of Learning (SOL) test (additional tests approved by the Board of Education), as well as the course (8 VAC 20-131-110 A, B). The Standard Diploma requires 22 credits, six of which must be verified units of credit, while the Advanced Studies Diploma requires 24 credits, with nine verified units. The SOA currently require verified units of credit in specific subjects, such as English, mathematics, science, and history and social science. The Modified Standard Diploma is awarded to students with disabilities who are "unlikely to meet the credit requirements for a Standard Diploma" (8 VAC 20-131-50). School accreditation is based on pass rates for the SOL assessments (8 VAC 20-131-300).
Patron - Wagner

C SB459

Standards of Quality; Standard 3. Provides that student outcome measures of the Standards of Learning assessments and other Virginia State Assessment Program Tests must be used for the purposes for which they have been designed and determined valid, reliable, and fair by the Standards of Learning Test Technical Advisory Committee, in accordance with accepted standards for educational testing. The Board of Education, in determining the validity of such tests, shall include Standards of Learning program effectiveness or consequential validity as recommended by the Standards of Learning Test Technical Advisory Committee. However, the results of Standards of Learning assessments and other Virginia State Assessment Program Tests may not constitute the sole or primary basis for student promotion, retention, or the awarding or denial of diplomas or school accreditation.
Patron - Whipple

C SB666

Computation of composite index. Requires the General Assembly to modify the current Standards of Quality (SOQ) funding formula and calculation of composite index of local ability-to-pay that determines each locality's ability to pay for its share of providing an educational program meeting the prescribed SOQ to incorporate within the real estate indicator of local wealth the land use taxation value for those properties within a land-use plan. Localities may adopt land-use plans and provide for the use value assessment and taxation of certain properties, such as those designated for agricultural, horticultural, forest, or open-space use. The current composite index of local ability to pay incorporates the "true value" of real property (rather than any special use assessed values) weighted 50 percent, with adjusted gross income weighted at 40 percent, and taxable retail sales weighted at 10 percent, as indicators of local wealth.
Patron - Mims

CONTENTS | < PREVIOUS | NEXT > | BILL INDEX


General Assembly>Division of Legislative Services>Publications>Session Summaries>2004>Education

© 2004 Division of Legislative Services.

E-mail Webmaster